(1) In addition to all other powers and duties conferred upon the commission by this article 1, the commission has the following specific powers and duties:
(a) To formulate the general policy with respect to the management of the department of agriculture and the general policy with respect to the enforcement of regulatory and service laws, rules, and regulations pertaining to agriculture;
(b) To make or cause to be made, within the limits of appropriations, such studies as it deems necessary to guide the commissioner concerning the agricultural policy of this state;
(c) To advise and make recommendations to the governor and the general assembly on matters pertaining to agriculture within this state;
(d) To require the preparation and transmittal by the commissioner of an annual departmental report and to establish publication policies for the department in accordance with the provisions of section 24-1-136, C.R.S.;
(e) To furnish the commissioner with advice on any agricultural or livestock problem with which the commissioner may be confronted;
(f) To promulgate and adopt all department of agriculture budgets for submission to the controller of this state in accordance with law and to approve and pass upon all annual budgets for expenditures of money from the various funds of the department and to review such budgets at each meeting of the commission;
(g) To approve prior to their release all rules and regulations issued by the commissioner and considered necessary and proper to carry out the provisions of this article;
(h) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties of the commission. Upon the failure or refusal of any witness to obey any subpoena, the commission may petition the district court, and, upon proper showing, the court may order a witness to appear and testify or produce documentary evidence. Failure to obey the order of the court shall be punishable as contempt of court.
(i) To establish and appoint, as it may deem necessary or advisable, such advisory committees from the groups affected to advise and confer with the commission or the commissioner concerning aspects of agricultural or livestock products, marketing, disease, or any other pertinent matter;
(j) If not already required by law, to require and fix the bonds of such employees of the department as may be deemed necessary;
(k) To avoid duplication of effort within the department and to clarify responsibilities under this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article 24 of title 30; to enter into cooperative agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission that is authorized by law to perform like or similar duties to those delegated by law to this commission, wherein it shall be prescribed whether this commission, the state board of health, the board of governors of the Colorado state university system, or such other state board or commission shall perform and be responsible for the performance of the duties mentioned in the agreements, so that there is no duplication of effort as between this commission and the state board of health, the board of governors of the Colorado state university system, or any other state board or commission; and to enter into agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission relative to the cooperative use by this commission of any laboratories, equipment, or facilities owned or used by this commission or any other state board or commission;
(l) To employ any person, partnership, or corporation for services in carrying out the provisions of this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article 24 of title 30, and not inconsistent with section 13 of article XII of the state constitution or to provide information, statistics, or data deemed beneficial by the commission to livestock and agriculture in the state of Colorado;
(m) The commission shall act only by resolution adopted at a duly called meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department;
(n) To comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans, as if the commission were the executive director of the department;
(o) To promulgate rules requiring the owners of alternative livestock, as defined in section 35-41.5-102 (1), to obtain certification showing that the alternative livestock herd meets the requirements of a tuberculosis surveillance plan approved by the state veterinarian and meets regulations pertaining to the control of infectious diseases and parasites as determined by the department. This paragraph (o) shall not apply if the owner of the alternative livestock is a zoological park that is accredited by the American zoo and aquarium association; except that any intrastate transfer of alternative livestock by a zoological park that is accredited by the American zoo and aquarium association to any person or entity that is not accredited by the American zoo and aquarium association is subject to the rules of the commission adopted under this paragraph (o).
(p) (I) In consultation with interested industry groups, to fix, assess, and collect fees in amounts sufficient to recover the department's direct and indirect costs incurred in carrying out and enforcing the provisions of articles 12, 13, 14, 33, 36, and 60 of this title 35, part 1 of article 21 of this title 35, and part 2 of article 43 of this title 35.
(II) Fees established pursuant to this paragraph (p) that exceed the amount of any corresponding fees that were in effect as of April 1, 2003, and any new or additional fees established after April 1, 2003, shall be reported, on or before December 1 of each year, to the agriculture, natural resources and energy committee of the senate and the agriculture, livestock, and natural resources committee of the house of representatives.
(III) (Deleted by amendment, L. 2007, p. 1902, � 1, effective July 1, 2007.)
(2) The parks and wildlife commission shall review the rules concerning alternative livestock proposed by the commission pursuant to paragraph (o) of subsection (1) of this section and shall make recommendations to the commission concerning such rules. The commission shall not adopt or implement rules concerning alternative livestock that impact native big game wildlife without the prior approval of the parks and wildlife commission. In addition, the parks and wildlife commission may propose rules to the commission designed to protect native big game wildlife.
Source: L. 49: p. 191, � 6. CSA: C. 5, � 13(8). CRS 53: � 6-1-6. L. 55: p. 132, � 1. C.R.S. 1963: � 6-1-6. L. 64: p. 122, � 21. L. 68: p. 127, � 137. L. 69: p. 108, � 3. L. 83: (1)(d) amended, p. 841, � 67, effective July 1. L. 94: (1)(n) added, p. 566, � 16, effective April 6; (1)(o) and (2) added, p. 1697, �� 4, 5, effective July 1. L. 95: (1)(o) amended, p. 18, � 2, effective March 9. L. 2002: (1)(k) amended, p. 1247, � 23, effective August 7. L. 2003: (1)(p) added, p. 1723, � 2, effective May 14. L. 2005: (1)(p)(III) amended, p. 1267, � 1, effective July 1. L. 2007: IP(1) and (1)(p)(III) amended, p. 1902, � 1, effective July 1. L. 2012: (2) amended, (HB 12-1317), ch. 248, p. 1235, � 92, effective June 4. L. 2017: IP(1), (1)(k), and (1)(l) amended, (SB 17-225), ch. 262, p. 1246, � 8, effective August 9. L. 2018: (1)(p)(I) amended, (HB 18-1375), ch. 274, p. 1718, � 72, effective May 29. L. 2020: (1)(p)(I) amended, (HB 20-1213), ch. 160, p. 754, � 8, effective June 29; (1)(p)(I) amended, (HB 20-1343), ch. 217, p. 1076, � 2, effective September 14. L. 2025: (1)(e) amended, (HB 25-1084), ch. 24, p. 90, � 2, effective August 6.
Editor's note: Amendments to subsection (1)(p)(I) by HB 20-1213 and HB 20-1343 were harmonized.
Cross references: For the state personnel system, see � 13 of article XII of the state constitution.
35-1-106.3. Plant health, pest control, and environmental protection cash fund - creation - repeal. (1) There is hereby created in the state treasury the plant health, pest control, and environmental protection cash fund.
(2) All revenues collected in pursuit of the department's efforts in relation to plant health, pest control, and environmental protection shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund. The commission may establish a fee schedule to cover the direct and indirect costs of the collection and distribution of beneficial insects.
(3) The plant health, pest control, and environmental protection cash fund consists of any fees, fines, or penalties collected pursuant to articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35; any fees, fines, or penalties collected pursuant to article 8 of title 25; any fees collected under article 12 of this title 35 for the purpose of funding state waters protection activities; and all revenues collected in pursuit of the department's efforts to conduct biological pest control. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of implementing, administering, and enforcing articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35 and of article 8 of title 25; except that any appropriation for the indirect costs of issuing chemigation permits pursuant to section 35-11-106 must not exceed the amount specified in section 35-11-106 (3)(b). Any money from the fund that is allocated for biological pest control must supplement any general fund money appropriated for that purpose.
(4) At the end of each fiscal year, all unexpended and unencumbered money in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund; except that the state treasurer shall transfer any unexpended and unencumbered money that is requested by the commissioner to be transferred from the plant health, pest control, and environmental protection cash fund to the emergency invasive-pest response fund created in section 35-1-106.4.
(4.5) (a) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund to the plant health, pest control, and environmental protection cash fund.
(b) Notwithstanding subsection (4) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund to the general fund.
(c) (I) On June 30, 2025, the state treasurer shall transfer one hundred forty-two thousand three hundred forty-two dollars from the plant health, pest control, and environmental protection cash fund to the general fund.
(II) This subsection (4.5)(c) is repealed, effective July 1, 2026.
(5) In accordance with section 24-75-402 (3)(c), C.R.S., the alternative maximum reserve for the plant health, pest control, and environmental protection cash fund is fifty percent of the amount expended from the fund during each fiscal year.
Source: L. 2009: Entire section added, (HB 09-1249), ch. 87, p. 314, � 1, effective July 1. L. 2015: (5) amended, (HB 15-1261), ch. 322, p. 1314, � 8, effective June 5. L. 2019: (3) amended, (SB 19-186), ch. 422, p. 3689, � 3, effective August 2. L. 2021: (4) amended, (HB 21-1045), ch. 160, p. 910, � 1, effective September 7. L. 2025: (4) amended and (4.5) added, (SB 25-317), ch. 385, p. 2163, � 46, effective June 3.
Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.