Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-77-101 Legislative declaration
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This article 77 is adopted by the general assembly with the intention that the commissioner will implement and enforce 21 CFR 112, concerning produce safety, under a cooperative agreement with the FDA, and in lieu of federal enforcement by the FDA. The commissioner may seek to en…
Colo. Rev. Stat. § 35-77-102 Definitions
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As used in this article 77, unless the context otherwise requires: (1) Commissioner means the commissioner of agriculture. (2) Covered activity has the same meaning as set forth in 21 CFR 112.3. (3) Department means the department of agriculture. (4) Farm has the same meaning as …
Colo. Rev. Stat. § 35-77-103 Cooperative agreement - federal funding - applicability - rules
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(1) The commissioner may seek, accept, and expend federal money for the purposes of this article 77. The commissioner may enter into a cooperative agreement with the FDA to implement 21 CFR 112 under state law and to seek federal money. (2) If the commissioner does not receive ad…
Colo. Rev. Stat. § 35-77-104 Registration required - rules
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(1) Except as provided in section 35-77-103, a farm, including a farm that is incorporated into another business, shall register with the commissioner if the farm conducts covered activity and the produce sold during the previous three years by the farm has an average annual mone…
Colo. Rev. Stat. § 35-77-105 Produce safety - rules
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The commissioner shall promulgate rules adopting 21 CFR 112 for produce safety standards for farms. Source: L. 2019: Entire article added, (HB 19-1114), ch. 74, p. 271, � 2, effective August 2.
Colo. Rev. Stat. § 35-77-106 Commissioner duties and authority - rules
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(1) The commissioner may: (a) Adopt any rule reasonably necessary to implement this article 77; and (b) Administer and enforce this article 77 and any rules adopted under this article 77. (2) In accordance with article 4 of title 24, the commissioner shall conduct hearings requir…
Colo. Rev. Stat. § 35-77-107 Investigation - access to records and facilities
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(1) The commissioner may close to public inspection investigations, complaints of record, and farm records; except that: (a) The person in interest, as defined in section 24-72-202, may access these records; or (b) The records may be accessed in accordance with a court order. (2)…
Colo. Rev. Stat. § 35-77-108 Cease-and-desist orders
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(1) (a) The commissioner may issue an order to cease and desist from violating this article 77 if the commissioner determines, based upon credible evidence, that: (I) A person is violating this article 77 or a rule adopted under this article 77; or (II) A person is violating sect…
Colo. Rev. Stat. § 35-77-109 Unlawful acts
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(1) Unless authorized by law, it is unlawful for any person to: (a) Refuse to comply with a cease-and-desist order issued under section 35-77-108; or (b) Make a material misstatement in a registration or to the commissioner or the department during an official investigation. (2) …
Colo. Rev. Stat. § 35-77-110 Administrative penalties
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(1) (a) A farm that violates this article 77 or a rule adopted under this article 77 is subject to an administrative penalty, as determined by the commissioner. (b) To impose an administrative penalty, the commissioner must consider the severity of the violation, the amount of ha…
Colo. Rev. Stat. § 35-77-111 Repeal of article - notice to revisor of statutes
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(1) This article 77 is repealed, effective September 1, 2034. Before the repeal, this article 77 is scheduled for review in accordance with section 24-34-104. (2) This article 77 will be repealed if the commissioner promulgates a rule providing public notice that this article 77 …