Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-28-101 Short title
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This article shall be known and may be cited as the Colorado Agricultural Marketing Act of 1939. Source: L. 39: p. 193, � 1. CSA: C. 106, � 46. CRS 53: � 7-3-1. C.R.S. 1963: � 7-3-1.
Colo. Rev. Stat. § 35-28-102 Legislative declaration
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(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 commo…
Colo. Rev. Stat. § 35-28-103 Purposes of article
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(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 comm…
Colo. Rev. Stat. § 35-28-104 Definitions
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As used in this article 28, unless the context otherwise requires: (1) (a) Agricultural commodity means any agricultural, horticultural, floricultural, viticultural, and vegetable products, livestock and livestock products, wheat, hay, corn, millet, bees and honey, poultry and po…
Colo. Rev. Stat. § 35-28-105 Administration of article - public hearings
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(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 …
Colo. Rev. Stat. § 35-28-106 Marketing order issued - when
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(1) After notice and a hearing, the commissioner may issue a marketing order if the commissioner finds and sets forth in the marketing order that the order will tend to: (a) Reestablish or maintain prices received by producers for an agricultural commodity at a level that will gi…
Colo. Rev. Stat. § 35-28-107 Board of control
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(1) Any marketing order pursuant to this article shall provide for the establishment of a board of control to administer such order in accordance with its terms and provisions. The members of the board shall be appointed by the commissioner from nominations submitted by the indus…
Colo. Rev. Stat. § 35-28-108 Contents of marketing order
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(1) In accordance with the provisions, restrictions, and limitations set forth in this article, any marketing agreement or order issued by the commissioner pursuant to this article may contain any of the following provisions for regulating, within this state, the handling, sale, …
Colo. Rev. Stat. § 35-28-109 When marketing order effective
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(1) No marketing agreement or amendments thereto, directly affecting handlers, issued pursuant to this article, shall become effective unless and until the commissioner finds that such agreement has been assented to in writing by the handlers engaged in the operation covered by t…
Colo. Rev. Stat. § 35-28-110 Orders regulating processing
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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…
Colo. Rev. Stat. § 35-28-111 Termination of marketing order
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The commissioner shall suspend, amend, or terminate a marketing order, or a provision of a marketing order, whenever the commissioner finds that the provision or order does not tend to effectuate the declared purposes of this article 28 within the standards and subject to the lim…
Colo. Rev. Stat. § 35-28-113 Budgeting and collection of fees
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(1) For the purpose of providing funds to defray necessary expenses, the board of control shall prepare a budget for the administration and operating costs and expenses, including advertising and sales promotion when same are requested in any marketing agreement or order executed…
Colo. Rev. Stat. § 35-28-113.5 Refunds of assessments - request by producer
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(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 aff…
Colo. Rev. Stat. § 35-28-114 Disposition of money
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(1) Any moneys collected by the commissioner pursuant to this article shall be deposited in a bank or other depository approved by the state treasurer, allocated to each marketing order under which they are collected, and disbursed by the commissioner only for the necessary expen…
Colo. Rev. Stat. § 35-28-115 Limitation of marketing orders
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(1) Marketing orders issued by the commissioner under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective. No marketing order shall be issued by the commissioner unless it embr…
Colo. Rev. Stat. § 35-28-117 Assessment a personal debt
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Any assessment levied in such specified amount as may be determined by the commissioner pursuant to the provisions of section 35-28-113 shall constitute a personal debt of every person so assessed and shall be due and payable to the commissioner when payment is called for by the …
Colo. Rev. Stat. § 35-28-118 No personal liability
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The members of any such board of control, including employees of such board, shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or any other person for errors in judgment, mistakes, or other acts, either of c…
Colo. Rev. Stat. § 35-28-119 Records - information - hearings
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(1) The commissioner may require all processors or distributors subject to the provisions of any marketing order issued pursuant to this article 28 to maintain books and records reflecting their operations under the marketing order, to furnish to the commissioner or the commissio…
Colo. Rev. Stat. § 35-28-120 Deposit to defray expenses
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(1) Prior to the issuance of a marketing order by the commissioner, the commissioner may require the applicants to deposit with the commissioner such amount as the commissioner deems necessary to defray the expenses of preparing and making effective the marketing order. Such mone…
Colo. Rev. Stat. § 35-28-121 General provisions
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(1) In the event the commissioner finds that it tends to effectuate the declared purposes of this article within the standards prescribed in this article, the commissioner may issue a marketing order, applicable to the marketing of any agricultural commodity containing like terms…
Colo. Rev. Stat. § 35-28-122 Application of article
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The provisions of this article shall not be applicable to retailers of agricultural commodities except to the extent that any retailer also engaged in the processing or distribution of agricultural commodities as defined in this article; but all persons acting as producers, handl…
Colo. Rev. Stat. § 35-28-123 Other laws superseded
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It is the legislative intent that the provisions of this article shall control, to the exclusion of any general law of this state in conflict therewith, and specifically shall supersede the provisions of article 23 of this title, if said article is in conflict herewith. Source: L…