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Colorado Statutes, Title 35

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Title 35, Agriculture

0 chapters · 1,021 sections in this title.

All chapters in Title 351,021 Ch 4342 Ch 3639 Ch 5332 Ch 7532 Ch 1431 Ch 1030 Ch 929 Ch 6529 Ch 127 Ch 424 Ch 2724 Ch 2824 Ch 523 Ch 5023

39 sections·Filtered byTitle 35✕Ch 36✕

Colo. Rev. Stat. § 35-36-101 Short title
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The short title of this article 36 is the "Commodity Handler and Farm Products Act". Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 715, § 2, effective June 29.
Colo. Rev. Stat. § 35-36-102 Definitions
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As used in this article 36, unless the context otherwise requires: (1) "Agent" means a person who, on behalf of a dealer or small-volume dealer, buys, receives, contracts for, or solicits any farm products from or sells farm products for the owner of the farm products or who nego…
Colo. Rev. Stat. § 35-36-103 Commissioner - rules - delegation of powers and duties
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(1) (a) The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding: (I) Financial assurance requir…
Colo. Rev. Stat. § 35-36-104 Cease-and-desist order - restraining order
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(1) If the commissioner determines that there exists a violation of this article 36 or of any rule promulgated under the authority of this article 36, the commissioner may issue a cease-and-desist order, which may require a person to cease functioning as a commodity handler, smal…

Colo. Rev. Stat. § 35-36-105 Civil penalties

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(1) A person who violates this article 36 or any rule enacted pursuant to this article 36 is subject to a civil penalty as determined by the commissioner. The maximum penalty is one thousand dollars per violation per day. (2) A civil penalty shall not be imposed unless the person…

Colo. Rev. Stat. § 35-36-106 Penalties

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(1) A person who violates section 35-36-217 (1)(a) to (1)(e) or (1)(j) or section 35-36-313 (1)(a) to (1)(e) commits a class 6 felony and shall be punished as provided in section 18-1.3-401. A person who violates section 35-36-217 (1)(f) or 35-36-313 (1)(f) or (1)(j) commits thef…

Colo. Rev. Stat. § 35-36-107 Appeal

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Any action of the commissioner with reference to the administration of this article 36 may be reviewed by any court of competent jurisdiction pursuant to section 24-4-106 only after all administrative remedies have been exhausted. Source: L. 2020: Entire article amended with relo…

Colo. Rev. Stat. § 35-36-109 Repeal of article - subject to review

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This article 36 is repealed, effective September 1, 2032. Before the repeal, this article 36 is scheduled for review in accordance with section 24-34-104. Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 724, § 2, effective June 29. L. 2025: Ent…

Colo. Rev. Stat. § 35-36-201 Licenses - commodity handler - rules

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(1) (a) A person shall not act as a commodity handler in this state without having first obtained a license from the department. (b) A small-volume commodity handler need not obtain a license. (2) Every person acting as a commodity handler in this state shall, each year before th…

Colo. Rev. Stat. § 35-36-202 Exemptions

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(1) The provisions of this part 2 that apply to warehouse operators do not apply to the owner or operator of a public warehouse or other facility where the owner or operator: (a) Operates a public warehouse in this state with a valid license issued either by the United States dep…

Colo. Rev. Stat. § 35-36-203 Commodity handler licenses - application requirements - fee

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(1) (a) An applicant for a commodity handler license shall pay, for each year in which the license is to be valid, a license fee established by the commission, which license fee the department shall collect and transmit to the state treasurer, who shall credit the money to the in…

Colo. Rev. Stat. § 35-36-204 Licenses - requirements - rules

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(1) To receive or maintain a license, each applicant or licensee for an initial or renewal license must satisfy the following requirements: (a) (I) Except as provided in subsection (1)(a)(II) of this section, the applicant or licensee shall furnish the commissioner with evidence …

Colo. Rev. Stat. § 35-36-205 Disciplinary powers - licenses

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(1) The commissioner may deny an application for a license, refuse to renew a license, revoke or suspend a license, or place a licensee on probation, as the case may require, if the licensee or applicant has: (a) Violated this part 2 or section 35-36-104 or violated any of the ru…

Colo. Rev. Stat. § 35-36-206 Bailment of commodities

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(1) Acceptance of commodities for storage by a warehouse operator constitutes a bailment and not a sale. Stored commodities are not subject to seizure upon process of a court in an action against the bailee, except upon action by owners of the stored commodities or the commission…

Colo. Rev. Stat. § 35-36-207 Credit sale contracts - rules

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(1) When a commodity handler purchases commodities for which payment has not been made, the commodity handler, within thirty days after the receipt of the commodities, shall provide the producer or owner of the commodities with the credit sale contract. The credit sale contract m…

Colo. Rev. Stat. § 35-36-208 Commodity grades established - rules

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The department may promulgate rules concerning commodity grades in accordance with the standards established by the United States department of agriculture as the official grain standards of the United States government. Source: L. 2020: Entire article amended with relocations, (…

Colo. Rev. Stat. § 35-36-209 Negotiable warehouse receipts - rules

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(1) A negotiable warehouse receipt must be either a paper or an electronic document. At no time may a paper receipt and an electronic receipt represent the same lot of the commodity. A licensee may issue warehouse receipts by use of a written warehouse receipt system, an electron…

Colo. Rev. Stat. § 35-36-210 Use of scale tickets and negotiable warehouse receipts

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(1) It is unlawful to issue paper negotiable warehouse receipts other than those furnished by the department. A licensee shall issue these receipts consecutively, as numbered, and each receipt must state the date on which it is actually issued. (2) Nothing in this part 2 prevents…

Colo. Rev. Stat. § 35-36-211 Commodity handler records - separate and distinct - time of maintenance - definition

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(1) A commodity handler or small-volume commodity handler operating another business in conjunction with, or in proximity to, the handler's commodity handling business shall keep a complete set of records for the commodity handling business, entirely separate and distinct from th…

Colo. Rev. Stat. § 35-36-212 Warehouse operator's liability for disposal of tainted commodities

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(1) A warehouse operator is liable for any loss or deterioration of commodities in a public warehouse caused by the warehouse operator's failure to exercise reasonable care of the commodities. (2) If a warehouse operator discovers that, as a result of a condition of a commodity p…

Colo. Rev. Stat. § 35-36-213 Enforcement - inspection of commodity handlers' property - confidentiality

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(1) The department has the power to inspect commodity handlers' places of business. The department shall investigate any complaint concerning the operation of any commodity handler or any person attempting or offering to act as a commodity handler, subject to this part 2. (2) Com…

Colo. Rev. Stat. § 35-36-214 Procedure on shortage - refusal to submit to inspection

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(1) Whenever it appears probable after investigation that a licensed warehouse operator does not possess sufficient commodities to cover the outstanding negotiable warehouse receipts, scale tickets, or other evidence of storage liability issued or assumed by the warehouse operato…

Colo. Rev. Stat. § 35-36-215 Inspection fees

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(1) The commission, after conferring with interested industry groups, is authorized to fix, assess, and collect fees for the inspection of commodity handlers or small-volume commodity handlers. (2) For each fiscal year, commencing on July 1, twenty-five percent of the direct and …

Colo. Rev. Stat. § 35-36-216 Bonds or irrevocable letters of credit - exemptions

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(1) (a) Before any license is issued to a commodity handler, the applicant shall file with the commissioner a bond executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as a surety or an irrevocable letter of credit m…

Colo. Rev. Stat. § 35-36-217 Unlawful acts - definition

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(1) It is unlawful and a violation of this part 2 for a person to: (a) Make fraudulent charges or returns for the handling, sale, or storage or for the rendering of any service in connection with the handling, sale, or storage of any commodities. Violation of this subsection (1)(…

Colo. Rev. Stat. § 35-36-301 Legislative declaration

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The general assembly hereby declares that farm products are commodities affected with a public interest and thus should be regulated for the protection of both the producer and the consumer. Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 741, …

Colo. Rev. Stat. § 35-36-302 Application for license - rules

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(1) A person shall not act as a dealer, small-volume dealer, or agent without having obtained a license as provided in this part 3. Every person acting as a dealer, small-volume dealer, or agent shall file an application in writing with the commissioner for a license to transact …

Colo. Rev. Stat. § 35-36-303 License fee - renewal - rules

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(1) (a) For filing the application described in section 35-36-302, each applicant for a license in each of the following categories shall pay to the commissioner a fee as determined by the commission, which fee shall be transmitted to the state treasurer for credit to the inspect…

Colo. Rev. Stat. § 35-36-304 Bonds or irrevocable letters of credit - exemptions

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(1) (a) Before the commissioner may issue a license to a dealer, the applicant shall file with the commissioner in the sum of not less than two thousand dollars nor more than one million dollars, at the discretion of the commissioner: (I) A bond executed by the applicant as princ…

Colo. Rev. Stat. § 35-36-305 Investigations, hearings, and examinations

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(1) For the purpose of enforcing this part 3, the commissioner may receive complaints from persons against a dealer, small-volume dealer, agent, or person assuming or attempting to act as a dealer, small-volume dealer, or agent and, upon the receipt of a complaint, may make any a…

Colo. Rev. Stat. § 35-36-306 Disciplinary powers - licenses

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(1) The commissioner may deny an application for a license, refuse to renew a license, revoke or suspend a license, or place a licensee on probation, as the case may require, if the licensee or applicant has: (a) Violated this part 3 or section 35-36-104 or violated any of the ru…

Colo. Rev. Stat. § 35-36-307 Credit sale contracts - rules

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(1) When a dealer or small-volume dealer purchases farm products for which payment has not been made, the dealer or small-volume dealer, within thirty days after the receipt of the farm products, shall provide the producer or owner of the farm products with a credit sale contract…

Colo. Rev. Stat. § 35-36-308 Records of dealers

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(1) Every dealer handling farm products for a consignor having received any farm products on commission for sale shall promptly make and keep a correct record, showing in detail the following with reference to the handling, sale, or storage of the farm products: (a) The name and …

Colo. Rev. Stat. § 35-36-309 Records of small-volume dealers

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Each small-volume dealer shall maintain records of all aspects of each purchase of farm products in the form and manner required by the commissioner. Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 750, § 2, effective June 29.

Colo. Rev. Stat. § 35-36-310 Daily reports and settlements

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(1) When requested by a dealer's consignor, the dealer, before the close of the next business day following the sale of any farm products consigned to the dealer, shall transmit or deliver to the owner or consignor a true written report of the sale, showing the amount sold and th…

Colo. Rev. Stat. § 35-36-311 Pooled consignment

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Local produce or fruit associations or other shippers located in the neighborhood where farm products are grown may receive a reasonable compensation for loading, shipping, and securing persons to handle the products on commission in markets away from the locality where grown. De…

Colo. Rev. Stat. § 35-36-312 Enforcement

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Whenever, upon sufficient evidence satisfactory to the commissioner, the commissioner determines a person has engaged in or is about to engage in an act or practice constituting a violation of this part 3 or of any rule or order promulgated under this article 36, the commissioner…

Colo. Rev. Stat. § 35-36-313 Unlawful acts - definition

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(1) It is unlawful and a violation of this part 3 for any person to: (a) Make fraudulent charges or returns for the handling, sale, or storage or for the rendering of any service in connection with the handling, sale, or storage of farm products. Violation of this subsection (1)(…

Colo. Rev. Stat. § 35-36-314 Penalties for theft of farm products

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(1) If farm products are contracted for sale to an out-of-state purchaser, the purchaser is subject to the jurisdiction of the courts of this state in accordance with section 13-1-124 (1)(a). The seller is entitled to all remedies at law in seeking the return of the farm products…