(1) No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(e), (1)(f), (1)(j), (1)(k), or (2)(c).
(2) Any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g) or 35-9-123 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(3) Any person who violates section 35-9-120 (1)(g), (2)(d), (2)(e), or (2)(f) commits a petty offense and shall be punished as provided in section 18-1.3-503.
(4) Repealed.
Source: L. 90: Entire article R&RE, p. 1573, � 1, effective June 7. L. 2002: (2), (3), and (4) amended, p. 1547, � 305, effective October 1. L. 2021: (2) and (3) amended, (SB 21-271), ch. 462, p. 3277, � 618, effective March 1, 2022; (4)(b) added by revision, (SB 21-271), ch. 462, pp. 3277, 3331, �� 618, 803.
Editor's note: (1) This section is similar to former � 35-9-109 as it existed prior to 1990.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective March 1, 2022. (See L. 2021, pp. 3277, 3331.)
Cross references: For the legislative declaration contained in the 2002 act amending subsections (2), (3), and (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
35-9-126. Pesticide fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) All fees and civil fines collected pursuant to this article 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. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the pesticide fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
(2) (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 316, � 5, effective July 1, 2009.)
Source: L. 90: Entire article R&RE, p. 1574, � 1, effective June 7. L. 2006: (1) amended, p. 1267, � 20, effective January 1, 2007. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 316, � 5, effective July 1.