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(§§ 35-23-101 — 35-27.5-108) › Article 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-121 - [Repealed]

L. 93: Entire article R&RE, p. 1018, § 1, effective July 1. L. 99: Entire section repealed, p. 190, § 7, effective March 31.
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 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-124 - Fees credited to plant health, pest control, and environmental protection cash fund

All fees and civil fines collected pursuant to this article 27 shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section
35-1-106.3
. The fees and fines imposed by this article 27 supplement any general fund appropriation appropriated for the purposes of this article 27.
Amended by 2020 Ch. 145,§ 4, eff. 6/29/2020.
L. 93: Entire article R&RE, p. 1021, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1249), ch. 319, p. 319, § 13, effective July 1. L. 2020: Entire section amended, (HB 20-1184), ch. 630, p. 630, § 4, effective June 29.
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 27 - COLORADO SEED ACT (§§ 35-27-101 — 35-27-125) › Section 35-27-125 - Repeal of article - review of functions

This article 27 is repealed, effective September 1, 2031. Before the repeal, the registration functions of the commissioner are scheduled for review in accordance with section
24-34-104
.
Amended by 2020 Ch. 145,§2, eff. 6/29/2020.
L. 93: Entire article R&RE, p. 1021, § 1, effective July 1. L. 99: Entire section amended, p. 190, § 8, effective March 31. L. 2009: Entire section amended, (SB 09-116), ch. 220, p. 220, §1, effective July 1. L. 2020: Entire section amended, (HB 20-1184), ch. 628, p. 628, § 2, effective June 29.
This section was originally numbered as 35-27-127 in Senate Bill 93-017 but has been renumbered on revision for ease of location.
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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-101 - Short title

This article shall be known and may be cited as the "Colorado Seed Potato Act".
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, §5, effective July 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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-102 - Legislative declaration

The general assembly hereby finds and declares that the purpose of this article is to control and minimize the spread of contagious community diseases by reducing the overall inoculum pool present in potato crops. This article is further intended to comply with seed potato standards set forth in the state national harmonization program.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, §5, effective July 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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Advisory committee" means the seed potato advisory committee created in section
35-27.3-107
.
(2)
"Certified" means certified by a certifying authority as meeting all applicable laws and rules for certification of seed potatoes.
(3)
"Certifying authority" means the potato certification service of Colorado state university or the authorized seed potato certifying agency of another state, territory, or country.
(4)
"Commissioner" means the commissioner of agriculture.
(5)
"Community disease" means a disease or pest that can move from field to field during the potato growing season and is not confined to any single potato grower's operation. The term includes late blight and potato virus Y.
(6)
"Cultivar" means unique variety.
(7)
"Department" means the department of agriculture.
(8)
"Distribute" means to offer for sale, sell, barter, deliver, supply, furnish, or otherwise provide seed potatoes.
(9)
"Generation" means one full seasonal growth cycle, including planting, growing, harvesting, and storing.
(10)
"Hundredweight" means a unit of weight equal to one hundred pounds.
(11)
"Official control", with respect to a crop of potatoes, means that the seed potatoes used to produce the crop have been derived from certified seed, qualified seed, or tested, documented sources and found to be within the legal limits for all diseases and pests of concern.
(12)
"Parent" means one prior generation removed.
(13)
"Person" means any individual, partnership, association, corporation, agency, or organized group of persons.
(14)
"Progeny" means the offspring or daughter tubers of a potato plant.
(15)
"Qualified", with respect to seed potatoes, means that the seed potatoes are derived from certified seed potatoes, have been inspected by a certifying authority and meet all applicable laws and rules for seed potato certification including official disease control standards, and are thus eligible for planting as seed.
(16)
"Quarantine" means a quarantine imposed by the commissioner pursuant to section
35-4-110
.
(17)
"Seed potatoes" means vegetatively propagated tubers used or intended to be used for potato production.
(18)
"State national harmonization program" means the state national harmonization program for seed potatoes developed by the plant protection and quarantine program of the animal and plant health inspection service in the United States department of agriculture.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, §5, effective July 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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-104 - Distribution of seed potatoes - rules

(1)
All seed potatoes distributed by any person in lots that are sufficient to plant one or more acres in Colorado as determined by the commissioner by rule shall be certified by a certifying authority.
(2)
All lots of seed potatoes subject to subsection (1) of this section shall, at the time of distribution, be accompanied by the following documents:
(a)
An official tag or bulk certificate indicating their status as certified seed potatoes;
(b)
A certificate of shipping point inspection;
(c)
A North American plant health certificate issued by the certifying authority for seed potatoes imported from outside Colorado; and
(d)
Any other documentation necessary to provide the information required by subsection (3) of this section.
(3)
The documents described in subsection (2) of this section shall provide the following:
(a)
A description of the grade of the seed potatoes;
(b)
The findings of field inspections and postharvest inspections conducted on each lot of seed potatoes, including the name and amount of any diseases observed;
(c)
The generation of seed potatoes; and
(d)
Evidence that the seed potatoes were tagged, and, if imported from outside Colorado, packed and sealed, under the certification standards of the state, territory, or country in which they were grown.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1794, §5, effective July 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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-105 - [Effective Until 8/7/2024] Minimum standards for planting seed potatoes - scope - qualified seed potatoes - rules

(1)
(a)
Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified.
(b)
Seed potatoes imported to Colorado shall meet the minimum standards for certified seed set forth in the state national harmonization program and in any active applicable quarantine.
(2)
(a)
A potato grower in Colorado shall be allowed to plant uncertified potatoes if:
(I)
The potatoes were grown and stored as part of that grower's farming operations; and
(II)
The uncertified potatoes are no more than one generation from certified parent potatoes or qualified parent potatoes.
(b)
A potato grower who plants uncertified potatoes pursuant to paragraph (a) of this subsection (2) may plant progeny from that seed in additional years if, in each additional year, the grower submits the seed stock to the certifying authority of Colorado for testing and the certifying authority of Colorado approves the seed stock for planting. The certifying authority of Colorado shall approve the seed stock if it meets the standards for such stock as established by the commissioner by rule.
(3)
In any year that the commissioner, after consulting with the advisory committee, determines that there is an insufficient volume of any cultivar of certified seed potatoes and seed potatoes meeting the requirements of subsection (2) of this section, potato growers may apply to the advisory committee for permission to plant uncertified seed potatoes. Upon recommendation from the advisory committee, the commissioner may grant applying growers permission to plant uncertified Colorado-grown seed potatoes. Any such permission shall be valid for only that growing season. In no event shall any seed potatoes be planted when bacterial ring rot, late blight, or an unacceptable level of community diseases is present in the seed potatoes.
(4)
Repealed.
Amended by 2019 Ch. 100, § 2, eff. 8/2/2019.
L. 2010: Entire article added, (SB 10 -072), ch. 384, p. 1795, § 5, effective July 1.
Section 8(2) of chapter 100 (SB 19-147), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-105 - [Effective 8/7/2024] Minimum standards for planting seed potatoes - scope - qualified seed potatoes - rules

(1)
(a)
Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified.
(b)
Seed potatoes imported to Colorado shall meet the minimum standards for certified seed set forth in the state national harmonization program and in any active applicable quarantine.
(2)
(a)
A potato grower in Colorado may plant uncertified potatoes if:
(I)
The potatoes were grown and stored as part of that grower's farming operations and the requirements of subsection (2)(b) of this section have been met; or
(II)
The uncertified potatoes are no more than one generation from certified parent potatoes or qualified parent potatoes, and the potato grower submits the uncertified potato seed stock to the certifying authority of Colorado for testing.
(b)
(I)
A potato grower who intends to plant uncertified potatoes pursuant to this subsection (2) must submit the uncertified potato seed stock to the certifying authority of Colorado for testing prior to planting.
(II)
The certifying authority of Colorado shall approve the uncertified potato seed stock for planting if it meets the standards for such stock as established by the commissioner by rule.
(3)
In any year that the commissioner, after consulting with the advisory committee, determines that there is an insufficient volume of any cultivar of certified seed potatoes and seed potatoes meeting the requirements of subsection (2) of this section, potato growers may apply to the advisory committee for permission to plant uncertified seed potatoes. Upon recommendation from the advisory committee, the commissioner may grant applying growers permission to plant uncertified Colorado-grown seed potatoes. Any such permission shall be valid for only that growing season. In no event shall any seed potatoes be planted when bacterial ring rot, late blight, or an unacceptable level of community diseases is present in the seed potatoes.
(4)
Repealed.
Amended by 2024 Ch. 142,§ 2, eff. 8/7/2024.
Amended by 2019 Ch. 100, § 2, eff. 8/2/2019.
L. 2010: Entire article added, (SB 10 -072), ch. 384, p. 1795, § 5, effective July 1.
Section 8(2) of chapter 100 (SB 19-147), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019.
2024 Ch. 142, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-106 - Record-keeping requirements - annual record reviews

(1)
Each person growing potatoes in this state in lots of one acre or greater shall keep and maintain records, by cultivar and by field, of the hundredweight of potato cultivar or cultivars planted per field. The records shall contain the information required for an independent records review conducted pursuant to paragraph (b) of subsection (2) of this section. Growers shall maintain the records for a period of at least two years at the grower's business address.
(2)
(a)
The commissioner shall select a qualified department employee to perform a records review on at least ten percent of potato growers subject to this article 27.3 once every seed potato crop cycle. The commissioner shall determine a method for the annual random selection of growers. The area committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article
28
of this title 35, shall pay the actual costs of such records reviews.
(b)
A records review performed pursuant to this section shall verify records that trace back the grower's potatoes, including records that evidence the following:
(I)
Acreage planted by cultivar; and
(II)
Hundredweight and source of the seed used to plant the acreage, with verifiable documents related to:
(A)
For seed potatoes purchased, the documents described in section
35-27.3-104(2) and (3)
; or
(B)
For seed potatoes planted pursuant to section
35-27.3-105(2)
, the testing history and seed potatoes used to replant the grower's own operations.
(3)
Repealed.
Amended by 2019 Ch. 100,§ 3, eff. 8/2/2019.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1796, §5, effective July 1.
Section 8(2) of chapter 100 (SB 19-147), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019.
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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-108 - Powers and duties of the commissioner - rules

(1)
In addition to any other duties in this article 27.3, the commissioner shall:
(a)
Administer and enforce this article;
(b)
Adopt rules necessary for the administration and enforcement of this article 27.3, including rules that:
(I)
Establish requirements for compliance verification, testing, sampling, and inspection;
(II)
Specify quality or disease standards for potatoes;
(III)
Allow for the random selection of ten percent of potato growers subject to the annual records review required under section
35-27.3-106(2)
;
(IV)
Set standards for uncertified seed potato stock that may be planted pursuant to section
35-27.3-105(2)(b)
;
(V)
Establish methods for determining that bacterial ring rot or an unacceptable level of community diseases is not present in seed potatoes planted under section
35-27.3-105(3)
;
(VI)
Designate the type of records that must be kept by growers; and
(VII)
Set a schedule of fees for services performed by the department, which fees must be billed to the committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article
28
of this title 35.
Amended by 2019 Ch. 100,§ 5, eff. 8/2/2019.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1798, §5, effective July 1.
Section 8(2) of chapter 100 (SB 19-147), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019.
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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-109 - Inspections - access - investigations - subpoenas

(1)
The commissioner, upon the commissioner's own motion or upon the recommendation of an independent auditor pursuant to section
35-27.3-106(2)
, may make an investigation necessary to determine compliance with this article.
(2)
(a)
For inspection purposes pursuant to subsection (1) of this section, the commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to inspect any records required to be kept pursuant to this article.
(b)
The commissioner may make copies of any records inspected pursuant to paragraph (a) of this subsection (2).
(3)
(a)
The commissioner has full authority to administer oaths; take statements; issue subpoenas to compel the appearance of witnesses before the commissioner; issue subpoenas for the production of any books, memoranda, papers, or other documents, articles, or instruments; and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.
(b)
Upon failure or refusal of any person to obey a subpoena issued pursuant to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.
(c)
Failure to obey an order of the court entered pursuant to paragraph (b) of this subsection (3) may be punishable as contempt of court.
(4)
Complaints of record made to the commissioner and the results of the commissioner's investigations shall be closed to public inspection, except to the person in interest as defined in section
24-72-202(4)
, C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, §5, effective July 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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-110 - Violations - civil penalties

(1)
(a)
Except as otherwise provided in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3.
(b)
Any person who plants or distributes potatoes in violation of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty imposed by the commissioner shall be at least twenty dollars per acre but shall not exceed one hundred dollars per acre per violation.
(c)
Any person who fails to maintain complete and accurate records pursuant to section
35-27.3-106
or rules promulgated pursuant to section
35-27.3-108(1)(b)(VII)
is subject to a civil penalty of at least five hundred dollars but no more than one thousand dollars, as determined by the commissioner.
(2)
No civil penalty shall be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(3)
If the commissioner is unable to collect a civil penalty or if any person fails to pay all or a set portion of such civil penalty, the commissioner may bring suit in any court of competent jurisdiction to recover the penalty plus costs and attorney fees.
(4)
Moneys collected from any civil penalty imposed under this article shall be paid to the state treasurer, who shall credit the same to the seed potato cash fund created in section
35-27.3-111
.
Amended by 2019 Ch. 100,§ 6, eff. 8/2/2019.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, §5, effective July 1.
Section 8(2) of chapter 100 (SB 19-147), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019.
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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-111 - Seed potato cash fund - created

All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the seed potato cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall remain in the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. In addition to any appropriation from the general fund, the general assembly shall make annual appropriations from the seed potato cash fund to the department to carry out the purposes of this article.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, §5, effective July 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 27.3 - COLORADO SEED POTATO ACT (§§ 35-27.3-101 — 35-27.3-112) › Section 35-27.3-112 - Repeal of article - review of functions

This article 27.3 is repealed, effective September 1, 2028. Before the repeal, the certification functions of the commissioner are scheduled for review in accordance with section
24-34-104
.
Amended by 2019 Ch. 100,§7, eff. 8/2/2019.
L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, §5, effective July 1.
Section 8(2) of chapter 100 (SB 19-147), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019.
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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-101 - Short title

This article shall be known and may be cited as the "Weed Free Forage Crop Certification Act".
L. 93: Entire article added, p. 2035, § 1, effective June 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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Authorized inspector" means a person qualified to identify noxious weeds according to standards adopted by the commissioner pursuant to section
35-27.5-103
.
(2)
Repealed.
(3)
"Commissioner" means the commissioner of agriculture.
(4)
"Crop" means any agricultural forage crop product whether cultivated or not cultivated, irrigated or nonirrigated, planted or naturally occurring.
(5)
"Department" means the department of agriculture.
(6)
"Noxious weeds" means those weeds, including any weed seed or propagative plant parts, designated by the commissioner as noxious and which are prohibited pursuant to section
35-27.5-103
.
(7)
"Person" means any association, corporation, firm, individual or combination of individuals, partnership, or society.
(8)
"Qualified employee" means an employee of the department designated as qualified who is trained to identify noxious weeds in accordance with standards adopted by the commissioner pursuant to section
35-27.5-103
.
(9)
"Weed free" means any crop certified as free of noxious weeds by the commissioner pursuant to this article.
(10)
"Weed free certification" means crops inspected and certified as free of noxious weeds by the commissioner pursuant to this article.
L. 93: Entire article added, p. 2035, § 1, effective June 9. L. 94: (2) repealed, p. 1645, § 76, effective May 31.
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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-103 - Rules and regulations

(1)
The commissioner shall adopt reasonable and necessary rules and regulations to carry out the provisions of this article in compliance with section
24-4-103
, C.R.S., and subject to the requirements of section
35-27.5-107
.
(2)
Rules and regulations adopted pursuant to subsection (1) of this section shall include but shall not be limited to rules and regulations concerning the following:
(a)
Designation of weeds as noxious and prohibited;
(b)
Procedures for certification of weed free crops;
(c)
Qualification standards for persons seeking designation as authorized inspectors or as qualified employees;
(d)
Crop inspection procedures;
(e)
Treatment procedures for the eradication of viable noxious weeds from crops; and
(f)
Procedures for identifying and tracking certified weed free crops.
L. 93: Entire article added, p. 2036, § 1, effective June 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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-104 - Delegation of duties - cooperative agreements

(1)
(a)
The commissioner may delegate any powers vested in the commissioner pursuant to this article to qualified employees of the department who are designated as qualified employees pursuant to standards adopted in accordance with section
35-27.5-103
.
(b)
The commissioner may delegate any powers vested in the commissioner pursuant to this article that are related to the duties of authorized inspectors to persons who are designated as authorized inspectors pursuant to standards adopted in accordance with section
35-27.5-103
.
(2)
The commissioner may enter into cooperative agreements with Colorado state university for the purpose of training authorized employees and qualified inspectors in the identification of those plants designated as noxious weeds by the commissioner pursuant to section
35-27.5-103
.
(3)
For purposes of carrying out the provisions of this article and subject to any other law of this state, the commissioner may accept grants-in-aid from any agency of the federal government and may cooperate and enter into agreements with any federal agency, any agency of any other state, and any agency of this state or its political subdivisions.
L. 93: Entire article added, p. 2036, § 1, effective June 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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-105 - Administration and enforcement

(1)
The commissioner shall administer and enforce the provisions of this article.
(2)
Upon the motion of the commissioner or upon the motion of any other person, the commissioner may make any investigations necessary to ensure compliance with or determine whether there has been a violation of this article.
(3)
The commissioner shall have reasonable access during regular business hours to all pertinent documents concerning any person who has requested that a crop be inspected for purposes of certification of such crop or who has had a crop certified as weed free.
(4)
(a)
The commissioner may, after notice and a hearing in compliance with the provisions of article
4
of title
24
, C.R.S., resulting in a finding of a violation of this article or any rule or regulation promulgated pursuant to this article, rescind any weed free certification of a crop.
(b)
For purposes of paragraph (a) of this subsection (4), any action taken by the commissioner following a hearing shall be deemed final.
(c)
A person aggrieved by a final decision made by the commissioner pursuant to this subsection (4) may appeal such decision to the Colorado court of appeals pursuant to section
24-4-106(11)
, C.R.S.
(d)
The commissioner may employ administrative law judges appointed pursuant to part 10 of article
30
of title
24
, C.R.S., to conduct hearings.
L. 93: Entire article added, p. 2037, § 1, effective June 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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-106 - Inspections

(1)
Any crop for which weed free certification is sought shall be inspected in the field of origin and such inspection shall include an inspection of any ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as applicable, surrounding such field of origin.
(2)
Crops which contain any weeds which have been designated as noxious pursuant to section
35-27.5-103
, may be certified if certain conditions established pursuant to section
35-27.5-103
are met.
L. 93: Entire article added, p. 2038, § 1, effective June 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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-107 - Penalties

Any person who intentionally violates any provision of this article 27.5 or the rules or regulations promulgated pursuant to section
35-27.5-103
commits a petty offense and shall be punished as provided in section
18-1.3-503
.
Amended by 2021 Ch. 462, § 626, eff. 3/1/2022.
L. 93: Entire article added, p. 2038, § 1, effective June 9. L. 2002: Entire section amended, p. 1548, § 312, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3278, p. 3278, § 626, 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 27.5 - FORAGE CROP CERTIFICATION (§§ 35-27.5-101 — 35-27.5-108) › Section 35-27.5-108 - Colorado weed free crop certification fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees

(1)
The commissioner shall set fees for the certification of weed free crops pursuant to this article in amounts adequate to cover all costs, direct and indirect, of the department in the administration and enforcement of this article.
(2)
All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit such fees to the plant health, pest control, and environmental protection cash fund created in section
35-1-106.3
. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado weed free crop certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
L. 93: Entire article added, p. 2038, § 1, effective June 9. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 319, §14, 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 28 - MARKETING ACT OF 1939 (§§ 35-28-101 — 35-28-124) › Section 35-28-101 - Short title

This article shall be known and may be cited as the "Colorado Agricultural Marketing Act of 1939".
L. 39: p. 193, § 1. CSA: C. 106, § 46. CRS 53: § 7-3-1. C.R.S. 1963: § 7-3-1.
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 35-28-102 - Legislative declaration

(1)
It is declared that the marketing of agricultural commodities in Colorado, in excess of reasonable and normal market demand therefor; disorderly marketing of such commodities; improper preparation for market and lack of uniform grading and classification of agricultural commodities; unfair methods of competition in the marketing of such commodities; and the inability of individual producers to develop new and larger markets for Colorado grown agricultural commodities, result in an unreasonable and unnecessary economic waste of the agricultural wealth of this state. Such conditions and the accompanying waste jeopardize the future continued production of adequate food supplies for the people of this and other states, and prevent agricultural producers from obtaining a fair return from their labor, their farms, and the agricultural commodities which they produce. As a consequence, the purchasing power of such producers has been in the past, and may continue to be in the future, unless such conditions are remedied, low in relation to that of persons engaged in other gainful occupations. Colorado agricultural producers are thereby prevented from maintaining a proper standard of living and from contributing their fair share to the support of the necessary governmental and educational functions, thus tending to increase unfairly the tax burdens of other citizens of this state.
(2)
These conditions vitally concern the health, peace, safety, and general welfare of the people of this state. It is declared to be the policy of this state to aid agricultural producers in preventing economic waste in the marketing of their agricultural commodities, to develop more efficient and equitable methods in the marketing of agricultural commodities, and to aid agricultural producers in restoring and maintaining their purchasing power at a more adequate, equitable, and reasonable level.
(3)
The marketing of agricultural commodities is declared to be affected with a public interest. The provisions of this article are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.
L. 39: p. 193, § 2. CSA: C. 106, § 47. CRS 53: § 7-3-2. L. 55: p. 146, § 1. C.R.S. 1963: § 7-3-2. L. 69: p. 111, § 1.
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 35-28-103 - Purposes of article

(1)
The purposes of this article are:
(a)
To enable agricultural producers of this state, with the aid of the state, more effectively to correlate the marketing of their agricultural commodities with market demands therefor;
(b)
To establish orderly marketing of agricultural commodities;
(c)
To provide for uniform grading and proper preparation of agricultural commodities for market;
(d)
To provide methods and means for the development of new and larger markets for agricultural commodities produced in Colorado;
(e)
To eliminate or reduce unfair competition and economic waste in the marketing of agricultural commodities;
(f)
To restore and maintain adequate purchasing power for the agricultural producers of this state.
L. 39: p. 194, § 3. CSA: C. 106, § 48. CRS 53: § 7-3-3. L. 55: p. 147, § 2. C.R.S. 1963: § 7-3-3. L. 69: p. 112, § 2.
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 35-28-105 - Administration of article

(1)
The commissioner of agriculture shall administer and enforce the provisions of this article and shall have all of the administrative powers conferred upon the head of a department of the state. In order to effectuate the declared purposes of this article, the commissioner of agriculture is authorized to issue, administer, and enforce the provisions of marketing orders.
(2)
Whenever the commissioner has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article with respect to any agricultural commodity, either upon his own motion or upon application of any producer or handler of such commodity, he shall give due notice of and an opportunity for a public hearing upon a proposed marketing order.
(3)
Due notice of any hearing called for such purpose shall be given to all persons, who may be directly affected by any action of the commissioner pursuant to the provisions of this article, and whose names appear upon lists to be filed by such agricultural industry with the commissioner. Such hearing shall be open to the public. All testimony shall be received under oath and a full and complete record of all proceedings at any such hearing shall be made and filed by the commissioner at his office.
(4)
In order to effectuate the declared policy of this article, the commissioner has the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, distributors, handlers, producers, and others engaged in the handling of any agricultural commodity, regulating the preparation, sale, and handling of such agricultural commodity, which said marketing agreement shall be binding upon the signatories thereto exclusively. The execution of such marketing agreement shall in no matter affect the issuance, administration, or enforcement of any marketing order provided for in this article. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same commodity. The commissioner, in his discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order in the manner provided for giving due notice and opportunity for hearing for a marketing order as provided in this article.
L. 39: p. 196, § 5. CSA: C. 106, § 50. L. 53: p. 116, § 2. CRS 53: § 7-3-5. L. 55: p. 148, § 5. C.R.S. 1963: § 7-3-5. L. 69: p. 113, § 4.
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 35-28-106 - Marketing order issued - when

(1)
After such notice and hearing the commissioner may issue a marketing order if he finds and sets forth in such marketing order that such order will tend to:
(a)
Reestablish or maintain prices received by producers for such agricultural commodity at a level which will give to such commodity a purchasing power, with respect to the articles and services which farmers commonly buy, equivalent to the purchasing power of such commodity in the base period. The base period shall be such period in which the commissioner finds that the volume of production of such commodity was adequate to supply the requirements of consumers thereof and the net returns to producers thereof were sufficient to provide an adequate standard of living to the farm operator and his family.
(b)
Approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for such commodity;
(c)
Prevent the unreasonable or unnecessary waste of agricultural wealth because of improper preparation of such agricultural commodity for market, lack of uniform grading and inspection, or excessive shipments to markets;
(d)
Protect the interests of consumers of such commodity, by exercising the powers of this article only to such extent as is necessary to effectuate the declared purposes of this article;
(e)
Eliminate unfair competition.
(2)
In making the findings set forth in subsection (1) of this section, the commissioner shall take into consideration all facts available to him with respect to the following economic factors:
(a)
The quantity of such agricultural commodity available for distribution;
(b)
The quantity of such agricultural commodity normally required by consumers;
(c)
The cost of producing, processing, distributing, and marketing such agricultural commodity as determined by available statistics and surveys;
(d)
The purchasing power of consumers as indicated by reports and indices;
(e)
The level of prices of commodities, services, and articles which the farmers commonly buy;
(f)
The level of prices of other commodities which compete with or are utilized as substitutes for such agricultural commodity.
L. 39: p. 197, § 6. CSA: C. 106, § 51. CRS 53: § 7-3-6. L. 55: p. 148, § 6. C.R.S. 1963: § 7-3-6. L. 69: pp. 113, 114, §§ 5, 6.
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 35-28-110 - Orders regulating processing

Subject to the provisions, restrictions, and limitations imposed in this article, the commissioner may issue marketing orders regulating within this state the processing, distributing, or handling in any manner of agricultural commodities by all persons engaged in such processing, distributing, or handling of such commodities.
L. 39: p. 201, § 8. CSA: C. 106, § 53. L. 51: pp. 559, 560, §§ 2, 3. CRS 53: § 7-3-10. L. 55: p. 150, § 9. C.R.S. 1963: § 7-3-10.
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 35-28-111 - Termination of marketing order

The commissioner shall suspend, amend, or terminate any marketing order, or any provision of any marketing order, whenever he finds that such provision or order does not tend to effectuate the declared purposes of this article within the standards and subject to the limitations and restrictions imposed in this article, but such suspension or termination shall not be effective until the expiration of the current marketing season. If the commissioner finds that the termination of any marketing order is requested in writing by more than fifty percent of the producers, who are engaged within the designated production area in the production for market of the commodity specified in such marketing order, or who produce for market more than fifty percent of the volume of such commodity produced within the designated production area for market, the commissioner shall terminate or suspend for a specified period such marketing order or provision thereof, but such termination shall be effective only if announced on or before such date, as may be specified in such order.
L. 39: p. 201, § 8. CSA: C. 106, § 53. CRS 53: § 7-3-11. C.R.S. 1963: § 7-3-11.
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 35-28-112 - Notice of marketing order issuance, suspension, amendment, or termination

Upon the issuance, suspension, amendment, or termination of a marketing order, public announcement of the issuance, suspension, amendment, or termination must be made in the manner and at the time required by the commissioner. An order, suspension, amendment, or termination will be effective five days after the date of the public announcement. The commissioner shall mail a copy of the notice of the order issuance, suspension, amendment, or termination to all persons directly affected by the terms of the order, suspension, amendment, or termination, whose names and addresses may be on file in the office of the commissioner and to every person who files in the office of the commissioner a written request for such notice.
Amended by 2018 Ch. 149,§ 2, eff. 8/8/2018.
L. 39: p. 201, § 8. CSA: C. 106, § 53. CRS 53: § 7-3-12. C.R.S. 1963: § 7-3-12. L. 2018: Entire section amended, (SB 18-188), ch. 149, p. 940, § 2, effective August 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 35-28-113.5 - Refunds of assessments - request by producer

(1)
Marketing orders issued after July 1, 1987, as well as amendments to such marketing orders and amendments to marketing orders in existence prior to July 1, 1987, which marketing orders and amendments are issued pursuant to the provisions of this article and which directly affect producers, may contain provisions for refunds of assessments or for refunds of portions of assessments. Any marketing order or amendment which contains such a provision shall not become effective unless and until the commissioner determines that the issuance of such order is approved and favored by at least a simple majority of the producers who participated in a referendum on the question of its approval and who, during such representative period, have produced for market the commodities specified therein in commercial quantities within the production area specified in such marketing agreement or order. Only the assessment or assessment raise or raises approved by a simple majority of the producers as provided in this subsection (1) or that portion of the assessment or assessment raise which is actually levied by the commissioner shall be subject to the provisions of this section.
(2)
A producer may request a refund of assessments or a refund of a portion of assessments within thirty days after payment of such assessments. The commissioner shall promulgate such rules and regulations as are necessary for the implementation of this section.
L. 87: Entire section added, p. 1288, § 1, effective April 6. L. 88: Entire section amended, p. 1222, § 3, effective April 13.