reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-107 - Appeal to change regulations and grades

On receipt of a written appeal by representative growers or shippers representing at least fifty-one percent of the acreage of the commodity for which grades, grading rules, regulations, or standard packages have been established by the commissioner under the provisions of this section and section
35-23-106
, protesting against the grades, grading rules, regulations, or standard packages so established, the commissioner shall call a hearing. Due notice shall be given by the commissioner to all interested parties of the date and place of such hearing, and the grades, grading rules, regulations, or standard packages shall be sustained, modified, or revoked, in the discretion of the commissioner on the basis of the evidence presented. If such grades, grading rules, regulations, or standard packages are not changed or modified by the commissioner, in accordance with the provisions of this section and section
35-23-106
, they shall continue to be in full force and effect. Grades, grading rules, regulations, and standard packages, established under the provisions of this section and section
35-23-106
, shall be promulgated by the commissioner and published at least once in one or more newspapers or farm journals of general circulation in the state.
L. 31: p. 372, § 6. CSA: C. 69, § 66. CRS 53: § 7-6-7. C.R.S. 1963: § 7-5-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-108 - Power of regulation

The commissioner, with the concurrence of the state agricultural commission, is authorized to promulgate such rules and regulations relative to the proper marking of containers, the issue of certificates of inspection, the tagging of the vehicle of transportation, and such other rules and regulations as he deems necessary for the improvement of the quality of marketing of all fruits, vegetables, or other agricultural products.
L. 31: p. 372, § 7. CSA: C. 69, § 67. CRS 53: § 7-6-8. C.R.S. 1963: § 7-5-8. L. 71: p. 157, § 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-109 - Engaging in trade prohibited

The commissioner and his deputies, inspectors, and employees are each prohibited, during their respective terms of employment or office, from engaging in this state or elsewhere, either directly or indirectly, in the business of buying or selling fruits, vegetables, or other agricultural products or in dealing in the same on commission.
L. 31: p. 373, § 8. CSA: C. 69, § 68. CRS 53: § 7-6-9. C.R.S. 1963: § 7-5-9.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-110 - Malfeasance of inspectors - penalty

Any inspector employed under this article 23 who knowingly makes a wrong or improper inspection of any fruit, vegetable, or other agricultural product, or knowingly and improperly certifies that the grade, quality, or condition of a fruit, vegetable, or other agricultural product does or does not conform to the standards established under this article 23, or fails to bring action to prosecute any violators of this article 23, or accepts money or other consideration directly or indirectly for an incorrect or improper performance of the inspector's duty, and any person who improperly influences any such inspector in the performance of the inspector's duty, commits a petty offense.
Amended by 2021 Ch. 462, § 621, eff. 3/1/2022.
L. 31: p. 373, § 9. CSA: C. 69, § 69. CRS 53: § 7-6-10. L. 63: p. 321, § 4. C.R.S. 1963: § 7-5-10. L. 2021: Entire section amended, (SB 21-271), ch. 3277, p. 3277, § 621, 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) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-111 - Inspection made mandatory

It is unlawful for any person, firm, corporation, or other organization to ship potatoes in excess of one thousand pounds, except those destined for commercial processing, unless they have first been inspected by a duly authorized inspector who shall issue a certificate of inspection showing the grade or other classification thereof.
L. 31: p. 374, § 10. CSA: C. 69, § 70. L. 53: p. 312, § 1. CRS 53: § 7-6-11. C.R.S. 1963: § 7-5-11. L. 71: p. 157, § 7. L. 95: Entire section amended, p. 705, § 22, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-112 - Appeal of inspection

Any interested party, who is dissatisfied with any classification of grades of any fruits, vegetables, or other agricultural products made as the result of inspection under this article, within such time after the inspection and in such manner as shall be prescribed by the commissioner, may appeal to the commissioner, and the commissioner is directed to promulgate rules and regulations governing the time and manner of such appeal. Upon such appeal to him being regularly taken, the commissioner shall cause such investigation to be made and such tests to be applied as he may deem necessary to determine the true grade or classification in the particular case in question and shall issue a finding determining the true grade or classification in the particular case. Whenever an appeal to the commissioner is taken, he shall fix and assess, and collect or cause to be collected, the established fee for an original inspection for each such appeal, which shall be uniform and which shall be refunded to the person paying the same, if the findings of the commissioner on appeal are to the effect that the grade or classification as determined and certified on the original inspection was erroneous and a new or different grade or classification is determined by the commissioner. Any reinspection certificate issued as the result of an appeal shall supersede the original inspection certificate.
L. 31: p. 374, § 11. CSA: C. 69, § 71. CRS 53: § 7-6-12. C.R.S. 1963: § 7-5-12. L. 71: p. 157, § 8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-113 - Issuance of certificate of inspection

A certificate evidencing that official inspection has been made and designating the classification of the grades of fruits, vegetables, or other agricultural products so inspected shall be issued by the inspector and delivered to the applicant. A certificate so issued shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of such fruit, vegetable, or other agricultural product at the time of inspection.
L. 31: p. 376, § 14. CSA: C. 69, § 74. CRS 53: § 7-6-15. C.R.S. 1963: § 7-5-15. L. 71: p. 157, § 9.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-115 - Information confidential

All information obtained as the result of any inspection made under the provisions of this article shall not be open to inspection by the public; except that the commissioner shall prepare and certify to any financially interested party a copy of the original inspection certificate of any inspection upon the payment to him of his fees therefor. The commissioner is authorized to prescribe rules and regulations governing the issuance of such certificates.
L. 31: p. 380, § 20. CSA: C. 69, § 80. CRS 53: § 7-6-20. C.R.S. 1963: § 7-5-20. L. 71: p. 158, § 11.
For rule-making procedures, see article 4 of title 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23 - FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS (§§ 35-23-101 — 35-23-116) › Section 35-23-116 - Penalty

Any person, firm, corporation, or other organization that violates any of the provisions of this article 23 or willfully interferes with the commissioner or the commissioner's deputies, inspectors, or employees in the performance or on account of the execution of the commissioner's duties as provided by this article 23 commits a petty offense. In addition to the criminal penalty, any person convicted under this article 23 shall be punished by the revoking of the person's license by the commissioner.
Amended by 2021 Ch. 462, § 622, eff. 3/1/2022.
L. 31: p. 397, § 41. CSA: C. 69, § 101. CRS 53: § 7-6-41. C.R.S. 1963: § 7-5-41. L. 2021: Entire section amended, (SB 21-271), ch. 462 p. 3278, § 622, 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) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-101 - Short title

This article shall be known and may be cited as the "Controlled Atmosphere Storage of Apples Act".
L. 77: Entire article added, p. 1599, § 1, effective May 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of agriculture.
(2)
"Controlled atmosphere storage" means the storage of apples under conditions which comply with the provisions of this article and the rules and regulations adopted pursuant to the provisions of this article.
L. 77: Entire article added, p. 1599, § 1, effective May 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-103 - Voluntary inspection of facility - rules - fee

The commissioner may inspect a controlled atmosphere storage facility upon request by the operator or under conditions set forth in rules adopted by the commissioner pursuant to sections
24-4-103
, C.R.S., and
35-23.5-104
. The commissioner may fix, assess, and collect fees in amounts that cover actual costs associated with inspection and the issuance of certificates of inspection.
L. 77: Entire article added, p. 1599, § 1, effective May 24. L. 95: Entire section amended, p. 705, § 23, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-104 - Commissioner to develop rules

The commissioner shall develop reasonable rules concerning the voluntary inspection of apples stored pursuant to this article and the controlled atmosphere storage of apples, including, among other factors, the following: Storage facility regulations; record keeping and reports; length of storage time, including the maximum time allowed to reach prescribed atmospheric conditions of temperature, oxygen, and carbon dioxide; quality regulations; and labeling and marketing.
L. 77: Entire article added, p. 1600, § 1, effective May 24. L. 95: Entire section amended, p. 705, § 24, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-105 - Storage in another state

(1)
When apples have been grown and stored in another state which has laws governing controlled atmosphere storage of apples similar to the provisions in effect in this state, and the apples have been stored in compliance with those provisions, such apples may be represented as having been exposed to controlled atmosphere storage when sold in this state if the state in which they were stored permits apples which are stored in this state and in compliance with the laws of this state to be represented as having been exposed to controlled atmosphere storage when sold in that state.
(2)
When apples have been grown and stored in another state which does not have laws governing controlled atmosphere storage of apples similar to provisions in effect in this state, but the apples have been stored in facilities and under conditions comparable to that required under this article and the rules adopted pursuant thereto, they may be represented as having been exposed to controlled atmosphere storage when sold in this state.
L. 77: Entire article added, p. 1600, § 1, effective May 24.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-106 - [Repealed]

L. 77: Entire article added, p. 1600, § 1, effective May 24.
Section 35-23.5-108 provided for the repeal of this section, effective July 1, 1995. (See L. 91, p. 690.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-107 - Penalty

(1)
It is unlawful for any person to:
(a)
Operate a facility for the storage of apples that is represented as being a controlled atmosphere storage facility unless it meets the standards set pursuant to rule by the commissioner under the provisions of this article;
(b)
Sell, exchange, offer for sale, advertise, label, or otherwise represent that apples have been exposed to controlled atmosphere storage, unless such apples have been stored in a facility that meets the standards set pursuant to rule by the commissioner under provisions of this article.
(c)
Repealed.
(2)
Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each such offense. Each day of violation shall be deemed a separate offense.
(3)
The commissioner may initiate an action in the proper court for injunctive relief to prevent or restrain any violation of this article or the rules adopted pursuant thereto.
L. 77: Entire article added, p. 1600, § 1, effective May 24. L. 95: IP(1), (1)(a), and (1)(b) amended, p. 705, § 25, effective May 23.
Section 35-23.5-108 provided for the repeal of subsection (1)(c), effective July 1, 1995. (See L. 91, p. 690.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 23.5 - CONTROLLED ATMOSPHERE STORAGE OF APPLES (§§ 35-23.5-101 — 35-23.5-108) › Section 35-23.5-108 - [Repealed]

L. 88: Entire section added, p. 933, § 27, effective April 28. L. 90: Entire section amended, p. 333, § 21, effective April 3. L. 91: Entire section amended, p. 690, § 66, effective April 20. L. 95: Entire section amended, p. 706, § 26, effective May 23. L. 97: Entire section repealed, p. 1030, § 62, effective August 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24 - [Repealed] (§ 35-24-101) › Section 35-24-101 - to 35-24-208 - [Repealed]

L. 85: Entire article repealed, p. 902, § 4, effective April 5.
This article was numbered as article 6 of chapter 7, C.R.S. 1963.
For current provisions concerning dairy products and imitation dairy products, see parts 1 and 2 of article 5.5 of title 25.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-101 - Short title

This article shall be known and may be cited as the "Colorado Aquaculture Act".
L. 91: Entire article added, p. 189, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-102 - Legislative declaration

(1)
The general assembly finds and declares that it is in the interest of the people of the state that the practice of aquaculture be encouraged in order to promote agricultural diversification, augment food supplies, expand employment opportunities, promote economic activity, increase stocks of fish and other aquatic life, protect and better use and manage the land and water resources of the state, and provide other benefits to the state.
(2)
The general assembly further finds and declares that aquaculture shall be considered an agricultural enterprise as defined in the "Colorado Agricultural Development Authority Act", article
75
of this title, and, for property tax assessment purposes, shall be classified pursuant to section
39-1-102
(1.6)(b), C.R.S.
L. 91: Entire article added, p. 189, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Aquaculture" means the controlled propagation, growth, and harvest of, and subsequent commerce in, cultured aquatic stock, including but not limited to fish and other aquatic vertebrates, mollusks, crustaceans, and algae and other aquatic plants, by an aquaculturist.
(2)
"Aquaculture facility" means any facility, structure, lake, pond, tank, or tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting live fish or viable gametes.
(3)
"Aquaculturist" means an individual, partnership, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.
(4)
"Aquatic disease" means any departure from a normal state of health of aquatic organisms caused by disease agents.
(5)
"Aquatic organism" means an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, or aquatic insect or other aquatic invertebrate. "Aquatic organism" includes the viable gametes (eggs or sperm) of an aquatic organism.
(6)
"Board" means the aquaculture board.
(7)
"Commercial aquaculturist" means an aquaculturist engaged in the business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes.
(8)
"Commission" means the state agricultural commission.
(9)
"Commissioner" means the commissioner of agriculture.
(10)
"Cultured aquatic stock" means aquatic organisms raised from privately owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms; except that "cultured aquatic stock" does not include state-owned fish, crustaceans, amphibians, or mollusks lawfully taken and used or sold for bait only.
(11)
"Department" means the department of agriculture.
(12)
"Division" means the division of parks and wildlife in the department of natural resources.
L. 91: Entire article added, p. 190, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-104 - Aquaculture board

(1)
There is hereby created and established in the department an aquaculture board, which shall consist of the following:
(a)
The five persons who make up the fish health board as established in section
33-5.5-101
, C.R.S.; and
(b)
Two additional members, to be appointed by the commissioner, who are familiar with the commercial marketing or processing of aquatic organisms and their products or with the financing of commercial aquaculture.
(2)
The term of office of the two additional members shall be three years. Each of these members shall serve until his or her successor has been appointed and qualified, and either member shall be eligible for reappointment. They shall serve without compensation except for actual and necessary traveling expenses.
(3)
The board shall annually select a chairman and a vice-chairman, who may be the same as the chairman and vice-chairman of the fish health board.
(4)
A majority of the board shall constitute a quorum, and, if a quorum is present, in person or by telephone, the board may act upon a vote of a majority of those present.
(5)
The board shall constitute a "public entity" and each member and employee of the board shall constitute a "public employee" within the meaning of the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S.
(6)
The board is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions specified in this article 24.5 under the department and the executive director thereof.
Amended by 2022 Ch. 469,§147, eff. 8/10/2022.
L. 91: Entire article added, p. 191, § 1, effective June 7.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-105 - Duties of the board

(1)
The board shall consider, initiate, and recommend rules, not inconsistent with law, to the commissioner concerning the regulation of the aquaculture industry and its markets, except for rules that regulate, control, or otherwise relate to fish health, to the spread of aquatic disease, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which subjects are within the jurisdiction of the parks and wildlife commission.
(2)
The board shall develop appropriate programs to assist in the protection, growth, and promotion of the aquaculture industry of the state and shall recommend policies and procedures to the commissioner and the commission for the accomplishment of such a plan.
(3)
The board shall review any suspensions or revocations of aquaculture facility permits and any orders for the destruction of aquatic organisms or for quarantine of aquaculture facilities which last beyond thirty days, and all such suspensions, revocations, and orders shall be conditioned upon the board's approval; except that destruction orders may be approved by the commissioner upon a determination that a situation exists which threatens imminent danger to existing aquatic populations or to human health and safety and that no more reasonable means exist to control the situation. Destruction of aquatic organisms or quarantines shall be done in accordance with applicable regulations of the department.
(4)
The board shall review aquaculture facility permitting procedures and shall make recommendations to the department concerning such procedures and any related fees and charges.
L. 91: Entire article added, p. 191, § 1, effective June 7. L. 2012: (1) amended, (HB 12-1317), ch. 248, p. 1236, § 94, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-106 - Rules

(1)
To carry out the provisions of this article, the board is authorized to consider and recommend to the commissioner appropriate rules to be promulgated pursuant to section
24-4-103
, C.R.S., including but not limited to rules concerning the following:
(a)
Fees to fund all direct and indirect costs of the administration and enforcement of this article;
(b)
Standards applicable to products of cultured aquatic stock offered for sale; and
(c)
The establishment of standards for and certification of private aquaculture facilities, which may include standards for commercial aquaculturists.
(2)
Nothing in this section diminishes or supersedes the authority of the division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
L. 91: Entire article added, p. 192, § 1, effective June 7. L. 2012: (2) amended, (HB 12-1317), ch. 248, p. 1236, § 95, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-107 - Powers and duties of the commissioner

(1)
To carry out the provisions of this article, the commissioner is authorized to adopt appropriate rules pursuant to section
24-4-103
, C.R.S., including but not limited to rules concerning the following:
(a)
Fees to fund all direct and indirect costs of the administration and enforcement of this article and article
5.5
of title
33
, C.R.S.;
(b)
Standards applicable to products of cultured aquatic stock offered for sale; and
(c)
The establishment of standards for and certification of private aquaculture facilities, which may include standards for commercial aquaculturists.
(2)
Nothing in this section diminishes or supersedes the authority of the division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
(3)
The commissioner shall institute appropriate programs to assist in the protection, growth, and promotion of the aquaculture industry in the state.
(4)
The commissioner shall provide facilities and support to the board for use in carrying out its duties.
(5)
The commissioner shall provide for the issuance of permits for aquaculture facilities and shall establish permit fees to offset the costs of regulating the aquaculture industry.
(6)
The commissioner shall enforce all rules and regulations concerning aquaculture except those which relate to fish health, or to the spread of aquatic diseases, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which rules and regulations shall be enforced by the division.
(7)
The commissioner may contract for the services of any certified aquatic disease laboratory or certified aquatic disease specialist in this state or in any other state, or with any other government agency, through intergovernmental agreement, contract, or memorandum of understanding to implement and enforce the rules and regulations of the commissioner.
(8)
The commissioner may quarantine aquaculture facilities subject to the review of the aquaculture board pursuant to section
35-24.5-105(3)
.
(9)
Nothing in this section shall be construed to conflict with or to supersede the authority of the Colorado department of public health and environment to regulate the growing, harvesting, and shipping of molluskan shellfish or any other processed fish or seafood products intended for human consumption.
L. 91: Entire article added, p. 193, § 1, effective June 7. L. 94: (9) amended, p. 2804, § 574, effective July 1. L. 2012: (2) amended, (HB 12-1317), ch. 248, p. 1236, § 96, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-108 - 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)
After thorough consultation with the board, the department may receive and expend grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any agency of this state or its political subdivisions for the purposes of this article.
L. 91: Entire article added, p. 194, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-109 - Facility permit required

(1)
On or after January 1, 1992, no person shall operate a fish production facility for the purpose of propagating, selling, trading, or transporting live fish or viable gametes unless such fish production facility possesses a valid and current aquaculture facility permit issued by the commissioner.
(2)
One or more satellite stations of a fish production facility may operate under one aquaculture facility permit if all such satellite stations are listed on such facility permit.
(3)
Each person seeking to obtain an aquaculture facility permit shall make application to the commissioner on forms prescribed and furnished by the commissioner.
(4)
An annual facility permit fee in an amount to be established by the commissioner, not to exceed one hundred eighty dollars, shall accompany the application.
(5)
No aquaculture facility permit shall be required for persons to obtain and possess live fish for aquaria or private ponds so long as such aquaria or ponds are hydrologically closed systems and are not connected to state waters and so long as live fish which have been held in such aquaria or ponds are not released into state waters.
(6)
No aquaculture facility permit shall be required of any federal, state, or county agency or of any person possessing a valid scientific collecting permit who is conducting research or educational activities with lawfully acquired fish, nor shall such permit be required of any zoo accredited by the American association of zoological parks and aquariums; except that such persons and entities must adhere to all other division of parks and wildlife regulations including record-keeping and importation requirements.
(7)
Any person who operates or uses an aquaculture facility, whether as owner, operator, lessee, or pursuant to any contract, or who otherwise buys, sells, trades, or acts as a broker of live fish or viable gametes, shall be subject to all applicable regulations including record-keeping and importation requirements.
L. 91: Entire article added, p. 194, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 24.5 - AQUACULTURE (§§ 35-24.5-101 — 35-24.5-111) › Section 35-24.5-111 - Aquaculture fund created

All fees and penalties collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the aquaculture cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the direct and indirect costs of the administration of this article.
L. 91: Entire article added, p. 196, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-101 - Short title

This article shall be known and may be cited as the "Colorado Bee Act".
L. 73: p. 203, § 1. C.R.S. 1963: § 7-7-1. L. 90: Entire section amended, p. 1593, § 1, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Advisory committee" means that committee appointed by the commissioner pursuant to the provisions of section
35-25-104
.
(1.5)
Repealed.
(2)
"Apiary" or "beeyard" means a hive or hives of bees in close proximity to one another.
(2.5)
Repealed.
(3)
"Beekeeper" means any person producing or causing to be produced bees or bee products.
(4)
"Bees" means honey-producing insects of the genus apis, including all life stages.
(5)
"Beeswax" means the wax produced by the honeybee.
(6)
Repealed.
(7)
"Brood" means bees in any stage of development preceding emergence as adults.
(8)
"Certificate of inspection" means a document issued by the commissioner indicating the health conditions of the colony or apiary.
(9)
"Colony" means one group of bees established in a place acceptable to said bees for the rearing of young and the storage of honey.
(10)
"Comb" means any structure acceptable to bees for the storage of honey and pollen and the rearing of brood.
(11)
"Commissioner" means the commissioner of agriculture.
(12)
"Contagious disease" means any disease produced by disease agents or parasitic agents to bees or beekeepers which shall be determined by the commissioner as being hazardous to the beekeeping industry in this state.
(13)
"Entry permit" means a document issued by the commissioner permitting entry of bees, equipment, or appliances into the state of Colorado, accompanied by a health certificate from the originating state indicating the number of colonies and county of destination.
(14)
"Equipment" means any object that is attached to or made a part of a hive.
(15)
"Frame" means any device designed to receive single sheets of wax foundation and in which bees are encouraged to draw comb.
(16)
"Hive" means any structure containing bees and designed to receive movable frames of comb.
(16.5) to (18)
Repealed.
(19)
"Person" means any body politic, individual, partnership, association, corporation, company, joint stock association, or organized group of persons whether incorporated or not and includes any trustee, receiver, or assignee. "Body politic" means any agency of this state or of the federal government or any unit of local government including any county, city, town, school district, local improvement or service district, special district, or other governmental unit having authority under the law to tax or impose assessments, including special assessments.
L. 73: p. 203, § 1. C.R.S. 1963: § 7-7-2. L. 75: (17) R&RE and (20) and (21) added, p. 1347, § 1, effective May 31. L. 83: (16.5) added, p. 1359, § 1, effective June 1. L. 85: (16.5) repealed, p. 1140, § 4, effective May 31. L. 90: (1.5), (2.5), (6), (17), and (18) repealed and (12) and (19) amended, pp. 1597, 1593, §§ 13, 2, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-102.5 - [Repealed]

L. 79: Entire section added, p. 1612, § 8, effective June 7. L. 88: Entire section amended, p. 933, § 28, effective April 28. L. 90: Entire section repealed, p. 1597, § 13, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-104 - Advisory committee and districts

(1)
There is hereby created an advisory committee to be nominated by the beekeeping industry and composed of seven members to be appointed by the commissioner. The members shall meet with and advise the commissioner concerning the needs of the beekeeping industry and shall assist in formulating rules and regulations pertaining to the administration of this article. The members shall be as follows:
(a)
A beekeeper from the area of the Colorado river drainage basin, to be known as district 1;
(b)
A beekeeper from the area of the Rio Grande river drainage basin and all of Chaffee county, to be known as district 2;
(c)
A beekeeper from the area of the Arkansas river drainage basin, except Chaffee county, to be known as district 3;
(d)
A beekeeper from the area of the Platte and Republican rivers drainage basin, to be known as district 4;
(e)
The president of the Colorado beekeepers association;
(f)
The extension entomologist;
(g)
One member who is a beekeeper at large.
(2)
Members of the advisory committee shall receive no compensation.
(3)
Repealed.
L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-4. L. 86: (3) added, p. 425, § 59, effective March 26. L. 90: (1)(g) and (2) amended and (3) repealed, pp. 1594, 1597, §§ 4, 13, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-105 - Rules and regulations

(1)
The commissioner is authorized to adopt rules and regulations pursuant to the provisions of article
4
of title
24
, C.R.S., for the administration of this article.
(2)
The powers and duties of the commissioner under this article may be delegated by the commissioner to employees of the department of agriculture designated by him.
L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-5. L. 90: Entire section amended, p. 1595, § 5, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-106 - Examination of apiaries

(1)
The commissioner, when he has reason to suspect disease in any apiary, may examine all reported or suspected apiaries. If any contagious disease is present, he may examine all apiaries in the same locality and ascertain whether or not any contagious disease exists in the apiaries. If satisfied of the existence of any such contagious disease, the commissioner may burn, sterilize, or medically treat said apiary in strict compliance with rules and regulations pertaining thereto, or the commissioner may require the beekeeper to burn, sterilize, or medically treat said apiary.
(2)
If a dispute arises as to the diagnosis of the disease, a sample shall be taken and mailed to the nearest bee disease and investigation laboratory for positive identification. Should the occasion arise, the commissioner may preserve from destruction diseased colonies for experimental purposes.
L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-6. L. 90: (1) amended, p. 1595, § 6, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-107 - Inspection of beehives for interstate movement

Any beekeeper or person requesting an inspection of beehives for contagious disease for the purpose of interstate movement shall be liable for all costs of such inspection. The beekeeper or his agent shall accompany and assist the inspector in making the inspection.
L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-7. L. 81: IP(1) amended, p. 1704, § 2, effective June 5. L. 83: (1) and (4) amended and (1.1) and (1.3) added, p. 1359, § 2, effective June 1. L. 85: (1) R&RE and (1.1) repealed, pp. 1139, 1140, §§ 2, 4, effective May 31. L. 90: Entire section R&RE, p. 1595, § 7, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-108 - Beehives equipped with movable combs - certificate - permit

(1)
Beehives shall be equipped with movable combs.
(2)
Bees on combs and used beekeeping appliances or equipment entering Colorado must be accompanied by a certificate declaring the apiaries from which the bees, appliances, or equipment originated to be free from contagious diseases. This certificate shall be from a duly authorized inspector of the state of origin.
(3)
Anyone desiring to move bees on combs or used bee equipment into the state of Colorado shall be required to secure an entry permit from the commissioner. Application for this permit shall be accompanied by a timely certificate of inspection, as defined by the commissioner, issued from the state apiary inspection agency of the state of origin, showing freedom from contagious disease, the number of colonies to be moved, and the county to which the owner or operator desires to move. The owner or operator of the bees or equipment shall notify the commissioner upon arrival in the state.
L. 73: p. 206, § 1. C.R.S. 1963: § 7-7-8. L. 90: Entire section amended, p. 1595, § 8, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-109 - [Repealed]

L. 73: p. 206, § 1. C.R.S. 1963: § 7-7-9. L. 75: Entire section R&RE, p. 1347, § 2, effective May 31. L. 77: (3) added, p. 1602, § 1, effective July 1. L. 90: Entire section repealed, p. 1597, § 13, effective April 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-110 - Authority to enter premises

The commissioner is authorized, during reasonable business hours, to enter upon or into any premises, lands, buildings, or places where bees or beekeeping appliances are kept for carrying out the provisions of this article.
L. 73: p. 207, § 1. C.R.S. 1963: § 7-7-10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-111 - Penalties

In addition to civil penalties that may be imposed pursuant to section
35-25-103 (5)
, any person violating any provision of this article 25 commits a civil infraction and, for any offense thereafter, is guilty of a petty offense and shall be punished as provided in section
18-1.3-503
.
Amended by 2021 Ch. 462, § 623, eff. 3/1/2022.
L. 73: p. 207, § 1. C.R.S. 1963: § 7-7-11. L. 75: Entire section amended, p. 1348, § 3, effective May 31. L. 90: Entire section amended, p. 1596, § 9, effective April 3. L. 2002: Entire section amended, p. 1548, § 309, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3278, p. 3278, § 623, 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).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-112 - Injunctive relief

The commissioner may institute an action to enjoin any violation of this article or any rule or regulation promulgated under this article. A violation of this article or any rule or regulation promulgated pursuant thereto is declared to constitute a public nuisance. Such action for injunction may be maintained notwithstanding the existence of other legal remedies and notwithstanding the pendency or successful completion of a criminal prosecution. 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. 73: p. 207, § 1. C.R.S. 1963: § 7-7-12. L. 90: Entire section amended, p. 1596, § 10, effective April 3.
For abatement of a public nuisance, see part 3 of article 13 of title 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-113 - Agreements

The commissioner may enter into agreements with any municipal, county, federal, or other state agencies and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article.
L. 73: p. 207, § 1. C.R.S. 1963: § 7-7-13.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-114 - [Repealed]

L. 77: Entire section added, p. 1602, § 2, effective July 1. L. 80: Entire section amended, p. 692, § 2, effective April 13. L. 81: Entire section amended, p. 1704, § 3, effective June 5. L. 83: Entire section repealed, p. 1360, § 3, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › AGRICULTURAL PRODUCTS - STANDARDS AND REGULATIONS (§§ 35-23-101 — 35-27.5-108) › Article 25 - COLORADO BEE ACT (§§ 35-25-101 — 35-25-117) › Section 35-25-115 - [Repealed]

L. 80: Entire section amended, p. 691, § 1, effective April 13. L. 81: (6) amended, p. 1706, § 1, effective May 18.
Subsection (6) provided for the repeal of this section, effective July 1, 1984. (See L. 81, p. 1706.)