0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-27-101 Short title
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This article shall be known and may be cited as the Colorado Seed Act. Source: L. 93: Entire article R&RE, p. 1000, � 1, effective July 1.
Colo. Rev. Stat. § 35-27-102 Legislative declaration
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The general assembly hereby finds and declares that truth in the labeling of seed is of paramount importance to the citizens of Colorado because the distribution and subsequent use of poor quality seed caused by inaccurate or misleading labeling of such seed can result in severe …
Colo. Rev. Stat. § 35-27-103 Definitions
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As used in this article, unless the context otherwise requires: (1) Advertisement means all representations commercial and otherwise, other than labeling, disseminated in any manner or by any means by the seller of seed as such representations relate to such seed. (2) Bean means …
Colo. Rev. Stat. § 35-27-104 Scope of article
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(1) This article does not apply to: (a) Seed not intended for propagation; except that screenings are subject to the requirements of section 35-27-113 (1)(e); (b) Seed in storage in or consigned to a seed conditioning establishment for conditioning or for sale outside the state; …
Colo. Rev. Stat. § 35-27-105 Label requirements
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(1) (a) Except as otherwise provided in this article, every container of seed which is sold, offered or exposed for sale, bartered, or distributed within this state for propagation shall conspicuously bear a legible and plainly written or printed label or tag in English which sha…
Colo. Rev. Stat. § 35-27-106 Tolerances
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(1) Tolerances shall be recognized between: (a) The percentages or rates of occurrence found by analysis, test, or examination; and (b) The percentages or rates of occurrence prescribed by the commissioner. (2) In prescribing tolerances the commissioner shall use as guides: (a) T…
Colo. Rev. Stat. § 35-27-107 Sales from bulk lots
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(1) If seed is sold, offered or exposed for sale, bartered, or distributed in or from a bulk lot, a label required pursuant to section 35-27-105 shall be furnished to each purchaser of such seed; except that such label shall not be required to be furnished for sales otherwise exe…
Colo. Rev. Stat. § 35-27-108 Seed shipped into state
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(1) No seed shall be brought into the state unless such seed: (a) Has been tested and has passed all such required tests as required by the commissioner pursuant to rule and regulation; and (b) Is in a container which meets the labeling requirements of section 35-27-105; and (c) …
Colo. Rev. Stat. § 35-27-109 Seed beans - approval
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(1) (a) For seed beans, the commissioner shall establish tolerances of seed-borne pathogens, inspection procedures and standards, and approval procedures for those seed beans which are found to be within allowable tolerances. (b) The commissioner may designate those areas of the …
Colo. Rev. Stat. § 35-27-110 Seed records and samples
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Each person whose name appears on a label on a seed container as a handler of the seed in such container shall keep complete records as prescribed by the commissioner concerning the origin, sale, shipping, and disposition of such seed and shall keep or arrange to have kept a file…
Colo. Rev. Stat. § 35-27-112 Record-keeping requirements
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Every person acting as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state registered pursuant to this article shall keep and maintain certain records. Records shall be maintained as specified by the commissioner for a period of two y…
Colo. Rev. Stat. § 35-27-113 Prohibitions
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(1) It is unlawful and a violation of this article for any person to sell, offer or expose for sale, barter, or distribute any seed within this state, if such seed: (a) Has not been tested to determine the percentage of germination of such seed within the previous thirteen months…
Colo. Rev. Stat. § 35-27-114 Powers and duties of commissioner
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(1) In addition to any other duties in this article, the commissioner shall: (a) Administer and enforce the provisions of this article; (b) Adopt rules and regulations necessary for the administration and enforcement of this article including but not limited to rules and regulati…
Colo. Rev. Stat. § 35-27-115 Inspections - access - investigations - subpoena
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(1) The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make an investigation necessary to determine compliance with this article or to investigate a complaint for arbitration. (2) (a) For inspection purposes pursuant to subsection (1) of…
Colo. Rev. Stat. § 35-27-116 Enforcement
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(1) The commissioner, pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S., shall enforce the provisions of this article. After an investigation, the commissioner may, through the attorney general, enforce any of the provisions of th…
Colo. Rev. Stat. § 35-27-117 Disciplinary actions - denial of registration
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(1) The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or deny, suspend, refuse to renew, or revoke any registration authorized under this article if the registrant: (a) Refuses or fails to comply with any provision of t…
Colo. Rev. Stat. § 35-27-118 Civil penalties
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(1) (a) Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. (b) (I) Before imposing any civil penalty, the commissioner shall consider the severity of th…
Colo. Rev. Stat. § 35-27-119 Embargo
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(1) (a) This section shall apply if the commissioner finds or has reasonable cause to believe that any seed is: (I) (A) Adulterated or misbranded; or (B) Not labeled pursuant to this article; and (II) (A) In violation of any provision of this article or any rule or regulation ado…
Colo. Rev. Stat. § 35-27-120 Reports - bulletins
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Except as provided for in section 35-27-115 (4), the commissioner may publish bulletins or press reports setting forth results of any examination, analysis, or test conducted pursuant to this article. Bulletins may include the names of persons who have had seed lots examined, ana…
Colo. Rev. Stat. § 35-27-121 Advisory committee - repeal. (Repealed)
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Source: L. 93: Entire article R&RE, p. 1018, � 1, effective July 1. L. 99: Entire section repealed, p. 190, � 7, effective March 31.
Colo. Rev. Stat. § 35-27-122 Arbitration council - procedures
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(1) (a) The commissioner shall appoint an arbitration council for each case composed of three members. The following shall each recommend one member: (I) (Deleted by amendment, L. 2007, p. 643, � 6, effective April 26, 2007.) (II) The dean of the college of agriculture, Colorado …
Colo. Rev. Stat. § 35-27-123 Requirement and effect of arbitration
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(1) (a) If a buyer of seed suffers damage because such seed does not produce or perform in conformance with the labeling or warranty or because of negligence by the seller, the buyer shall submit such buyer's claim to arbitration pursuant to this section and section 35-27-122. Su…
Colo. Rev. Stat. § 35-27-125 Repeal of article - review of functions
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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. Source: L. 93: Entire article R&RE, p. 1021, � 1, effective July 1. L. 99: Entire section ame…