(1) A person shall not sell, offer for sale, or distribute:
(a) Nursery stock in a dead or dying condition;
(b) Nursery stock infested or infected with insect pests or plant diseases;
(c) Noxious weeds or nursery stock that is infested with noxious weeds; or
(d) Nursery stock in violation of any other provision of this article 26 or any rules promulgated pursuant to this article 26.
(2) The commissioner or the commissioner's authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this article 26 or any rules adopted pursuant to this article 26. A person receiving a stop-sale order shall remove such stock from sale immediately.
(3) Failure to comply with any stop-sale order may result in penalties as set forth in section 35-26-109.
(4) If the commissioner makes a finding, after notice and opportunity for a hearing, that substandard plant material is being sold by a nursery outside of Colorado to any nursery in this state, the commissioner may ban any products from said nursery from sale or distribution in Colorado and any further shipments of nursery stock from said nursery may be seized and destroyed. Upon such banning, the commissioner shall issue an alert to all persons registered under this article setting forth the commissioner's finding and advising registrants that the purchase of plant material from such offending nursery constitutes a violation of this article.
Source: L. 71: R&RE, p. 145, � 1. C.R.S. 1963: � 6-15-5. L. 83: (1) and (2) amended, p. 1362, � 4, effective July 1. L. 91: (1)(b) amended and (3) and (4) added, p. 153, � 7, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, � 5, effective August 8. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 114, � 76, effective August 6.
35-26-106. Registration - plant health, pest control, and environmental protection cash fund - fees - rules. (1) A person shall not engage in the business of selling nursery stock in this state, nor shall the person advertise with the intent and purpose of selling nursery stock in this state, without having first obtained a registration issued by the commissioner. The registration expires on December 31 of each year. Application for registration must be submitted on a form prescribed by the commissioner. The commissioner shall, by rule, establish a registration fee for each place of business. The fee must not exceed three hundred dollars. Applicants for a registration who were registered at any time during the calendar year immediately preceding the year for which application is made must apply for a registration by March 1 or pay an amount double the registration fee. A registration is not transferable. All registrants shall inform the commissioner in writing of any change of address prior to the change. All registrants shall meet the requirements of this article 26 and the rules promulgated pursuant to this article 26.
(2) Collectors shall produce upon demand written evidence of authorization to have collected any and all nursery stock held or offered for sale. Such evidence of authorization shall provide information as required by rule and regulation promulgated pursuant to this article.
(3) A charge for the actual cost incurred in making inspections shall be collected to defray the costs of inspections made pursuant to this article. The commissioner shall, by rule or regulation, establish a minimum charge per inspection, and shall determine the actual cost incurred in making inspections and establish the charge therefor.
(4) All fees and charges collected pursuant to this article shall be transmitted 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 nursery fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
Source: L. 71: R&RE, p. 145, � 1. C.R.S. 1963: � 6-15-6. L. 73: p. 197, � 1. L. 83: (1) and (2) amended, p. 1362, � 5, effective July 1. L. 87: Entire section amended, p. 1285, � 1, effective July 1. L. 91: (1) to (3) amended, p. 153, � 8, effective July 1. L. 2009: (4) amended, (HB 09-1249), ch. 87, p. 318, � 12, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, � 6, effective August 8.