Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-11-117 Effective date of rules and regulations
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The effective date for the initial rules and regulations promulgated pursuant to this article shall be July 1, 1989. Source: L. 88: Entire section added, p. 1221, � 6, effective July 1. ORGANICALLY GROWN PRODUCTS
Colo. Rev. Stat. § 35-12-101 Short title
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This article shall be known and may be cited as the Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act. Source: L. 71: R&RE, p. 133, � 1. C.R.S. 1963: � 6-13-1. L. 77: Entire section amended, p. 1581, � 1, effective July 1. L. 2008: Entire article amended, p. 1608, …
Colo. Rev. Stat. § 35-12-102 Administration of article
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This article shall be administered by the commissioner of agriculture or the commissioner's duly authorized representatives. Source: L. 71: R&RE, p. 133, � 1. C.R.S. 1963: � 6-13-2. L. 2008: Entire article amended, p. 1608, � 1, effective August 5.
Colo. Rev. Stat. § 35-12-103 Definitions
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As used in this article 12, unless the context otherwise requires: (1) Availability means the immediate potential property of a plant nutrient to be utilized by a plant and have agronomic value when used according to directions. (2) Bulk fertilizer, bulk soil conditioner, or bulk…
Colo. Rev. Stat. § 35-12-104 Registration
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(1) Each product shall be registered by the person whose name appears on the label before being distributed in, into, or for use in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner and shall be accompanied …
Colo. Rev. Stat. § 35-12-105 Labels
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(1) Any packaged commercial fertilizer distributed in this state shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (a) The name and address of the registrant; (b) The net weight or other measu…
Colo. Rev. Stat. § 35-12-106 Distribution fees
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(1) All registrants, except those who package only in containers of ten pounds or less, shall pay the commissioner a distribution fee as established by the commission for all commercial fertilizers, soil conditioners, or plant amendments distributed in this state. For the purpose…
Colo. Rev. Stat. § 35-12-107 County tonnage reports. (Repealed)
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Source: L. 71: R&RE, p. 138, � 1. C.R.S. 1963: � 6-13-7. L. 77: IP(1) and (1)(b) amended and (3) added, p. 1589, � 6, effective July 1. L. 96: Entire section repealed, p. 103, � 5, effective March 20. L. 2008: Entire article amended, p. 1619, � 1, effective August 5. Editor's not…
Colo. Rev. Stat. § 35-12-108 Inspection, sampling, and analysis
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(1) The commissioner shall sample, inspect, make analyses of, and test commercial fertilizers, soil conditioners, plant amendments, and compost distributed within this state at such time and place and to such an extent as the commissioner deems advisable to determine whether such…
Colo. Rev. Stat. § 35-12-110 Commercial value. (Deleted by amendment)
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Source: L. 71: R&RE, p. 140, � 1. C.R.S. 1963: � 6-13-10. L. 77: Entire section amended, p. 1591, � 9, effective July 1. L. 2008: Entire article amended, p. 1620, � 1, effective August 5.
Colo. Rev. Stat. § 35-12-111 Misbranding
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(1) No person shall distribute a misbranded product. A commercial fertilizer, soil conditioner, plant amendment, or compost is misbranded: (a) If its labeling is false or misleading in any particular; (b) If it is distributed under the name of another product; (c) If it is not la…
Colo. Rev. Stat. § 35-12-112 Adulteration
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(1) No person shall distribute an adulterated product. A commercial fertilizer, soil conditioner, plant amendment, or compost is deemed adulterated: (a) If it contains any deleterious or harmful substance in sufficient amount to render it injurious to human health or beneficial p…
Colo. Rev. Stat. § 35-12-113 Publications
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The commissioner shall publish at least annually, in such form as the commissioner deems proper, information concerning the sales of commercial fertilizers, soil conditioners, and plant amendments, together with such data on their production and use as the commissioner considers …
Colo. Rev. Stat. § 35-12-114 Rules
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The commissioner is authorized, pursuant to section 24-4-103, C.R.S., to adopt and enforce rules to implement, administer, and enforce this article. The rules shall include, but are not limited to, rules relating to sampling, analytical methods, ingredient form, availability, min…
Colo. Rev. Stat. § 35-12-115 Investigations - access - subpoena
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(1) The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article. (2) (a) At any time during regular business hours, for the purpose of carrying out any provision of this art…
Colo. Rev. Stat. § 35-12-116 Cancellation of registration or refusal to register
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(1) The commissioner may revoke or suspend the registration of or may refuse to register any commercial fertilizer, soil conditioner, or plant amendment upon a finding supported by satisfactory evidence that the registrant or person applying for registration has violated any prov…
Colo. Rev. Stat. § 35-12-117 Stop distribution, stop use, or removal orders
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(1) The commissioner may issue and enforce a written or printed stop distribution, stop use, or removal order directed to the owner or custodian of any lot of commercial fertilizer, soil conditioner, plant amendment, or compost when the commissioner finds the commercial fertilize…
Colo. Rev. Stat. § 35-12-118 Seizure, condemnation, and sale
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Any lot of commercial fertilizer, soil conditioner, plant amendment, or compost that is in violation of this article shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the county in which the product is located. In the event the c…
Colo. Rev. Stat. § 35-12-119 Civil penalties
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(1) Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation. Each day the violation occurs shall co…
Colo. Rev. Stat. § 35-12-120 Exchange between manufacturers. (Deleted by amendment)
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Source: L. 71: R&RE, p. 142, � 1. C.R.S. 1963: � 6-13-20. L. 77: Entire section amended, p. 1594, � 18, effective July 1. L. 2008: Entire article amended, p. 1625, � 1, effective August 5.
Colo. Rev. Stat. § 35-13-101 Legislative declaration
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(1) This is an article to prescribe uniform regulations in this state for safety in the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank or tank trailer, and utilizing anhydrous ammonia as an agricultural fertili…
Colo. Rev. Stat. § 35-13-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Anhydrous ammonia means the compound formed by the combination of the two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume in compressed and liquef…
Colo. Rev. Stat. § 35-13-103 Commissioner to promulgate rules
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The commissioner shall, in addition to other relevant criteria, use as a guide to make, promulgate, and enforce rules setting forth minimum general safety standards covering the design, construction, location, installation, and operation of equipment for storage, handling, transp…
Colo. Rev. Stat. § 35-13-104 Condition of equipment
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All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations adopted under section 35-13-103. Source: L. 67: p. 326, � 4. C.R.S. 1963: � 6-17-4.
Colo. Rev. Stat. § 35-13-105 Restriction of use of containers
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(1) No person, firm, or corporation, other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver, or permit to be delivered, or use in any manner any anhydrous ammonia storage tank, mobile transportation tank, or tank-mounted applicator for …
Colo. Rev. Stat. § 35-13-106 Effect of rules and regulations - prohibitions
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The rules and regulations promulgated pursuant to this article shall have uniform force and effect throughout the state, and no municipality or other political subdivision shall enact or enforce any ordinances, rules, or regulations which do not meet the rules and regulations pro…
Colo. Rev. Stat. § 35-13-107 Enforcement - investigation - access to locations and records
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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 and of rules promulgated pursuant to this article or section 35-1-107 (5). (2) Upon the commissioner's own motio…
Colo. Rev. Stat. § 35-13-108 Civil penalties
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(1) (a) The commissioner may impose a civil penalty on any person who violates any provision of this article or any rule adopted under this article or under section 35-1-107 (5). Such penalty shall not exceed seven hundred fifty dollars per day per violation. (b) Before imposing …
Colo. Rev. Stat. § 35-13-109 Registration - application - fees
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(1) On or before the date specified by rule of the commissioner each year, every person who owns one or more anhydrous ammonia storage tanks, mobile transportation tanks, or tank-mounted applicators within this state shall register each of such tanks or applicators with the depar…
Colo. Rev. Stat. § 35-14-101 Short title
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This article shall be known and may be cited as the Measurement Standards Act of 1983. Source: L. 83: Entire article R&RE, p. 1339, � 1, effective July 1.
Colo. Rev. Stat. § 35-14-102 Definitions
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As used in this article, unless the context otherwise requires: (1) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, � 6, effective April 2, 2009.) (1.7) Certificate of conformance means a document issued by the national type evaluation program constituting evidence o…
Colo. Rev. Stat. § 35-14-103 Systems of weights and measures - customary or metric
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The inch pound system and the metric system of weights and measures are jointly valid, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weights and measures, the tables of weights and measures, and …
Colo. Rev. Stat. § 35-14-104 Physical standards
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Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state's reference standards of weights and measures and shall…
Colo. Rev. Stat. § 35-14-106 Administration
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The commissioner shall administer and enforce this article 14 and may exercise all of the administrative powers conferred upon the head of a department of the state. The commissioner may employ, pursuant to section 13 of article XII of the state constitution, such deputies and in…
Colo. Rev. Stat. § 35-14-107 Powers and duties of commissioner - rules
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(1) The commissioner shall: (a) Maintain traceability of this state's standards to the standards of the national institute of standards and technology; (b) Implement and carry out the provisions of this article; (c) Establish requirements for labeling, requirements for the presen…
Colo. Rev. Stat. § 35-14-108 Special police powers
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(1) When necessary to perform duties or to implement this article 14 or the rules adopted pursuant to this article 14, the commissioner or the commissioner's authorized agent may: (a) Enter any commercial premises during normal business hours; except that, in the event such premi…
Colo. Rev. Stat. § 35-14-109 Contract services. (Repealed)
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Source: L. 83: Entire article R&RE, p. 1345, � 1, effective July 1. L. 87: (2) repealed, p. 492, � 43, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 328, � 11, effective April 2. Editor's note: This section was similar to former �� 35-14-114 and 35-1…
Colo. Rev. Stat. § 35-14-110 Misrepresentation of quantity
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A person shall not sell, offer, advertise, or expose for sale less than the quantity of commodity or service the person represents nor take any more than the quantity of commodity or service the person represents. Source: L. 83: Entire article R&RE, p. 1345, � 1, effective July 1…
Colo. Rev. Stat. § 35-14-111 Misrepresentation of price
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No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. Source: L. 83: Entire article R&…
Colo. Rev. Stat. § 35-14-112 Method of sale - general
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Except as otherwise provided by the commissioner by rule, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by measure, or by count, so long as the method of sale provides accurate quantity an…
Colo. Rev. Stat. § 35-14-113 Method of sale - special food products. (Repealed)
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Source: L. 83: Entire article R&RE, p. 1345, � 1, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 328, � 13, effective April 2. Editor's note: This section was similar to former � 35-14-118 as it existed prior to 1983.
Colo. Rev. Stat. § 35-14-114 Method of sale - special nonfood products. (Repealed)
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Source: L. 83: Entire article R&RE, p. 1346, � 1, effective July 1. L. 93: Entire section amended, p. 272, � 5, effective July 1. L. 95: (2)(a) amended, p. 896, � 6, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 330, � 14, effective April 2. Editor's…
Colo. Rev. Stat. § 35-14-115 Machine vended commodities
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(1) Each vending machine which dispenses commodities in package form shall indicate: (a) Proper identity; (b) Net quantity; and (c) Name, address, and telephone number of the vendor or of the responsible party. (2) The requirements for product identity and net quantity can be met…
Colo. Rev. Stat. § 35-14-116 Railroad car tare weights
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(1) Whenever stenciled tare weights on freight cars are employed in the sale of commodities or the assessment of freight charges, the following conditions and requirements shall apply: (a) All newly stenciled or restenciled tare weights shall be accurately represented to the near…
Colo. Rev. Stat. § 35-14-117 Unit pricing - application - inch pound or metric
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(1) Except for random-weight packages unit priced in accordance with rules promulgated pursuant to this article, any retail establishment providing unit price information in addition to the total price for any commodity shall also provide the unit price information for all such c…
Colo. Rev. Stat. § 35-14-118 Declarations on packages
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(1) Except as otherwise provided in this article, any commodity in package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of: (a) The net quantity of the contents in terms of weight, measure, or count; and (b) In the case of any packa…
Colo. Rev. Stat. § 35-14-119 Misleading packages - allowances
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No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may …
Colo. Rev. Stat. § 35-14-120 Declaration of unit price on random-weight packages
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In addition to the declarations required by section 35-14-118, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the pri…
Colo. Rev. Stat. § 35-14-124.5 Disciplinary powers. [See editor's note following this section]
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(1) The commissioner may deny an application for, refuse to renew, revoke, or suspend a license or certificate or place a licensee or certificate holder on probation, if such person has: (a) Violated any provision of this article or of any rule adopted by the commissioner under t…
Colo. Rev. Stat. § 35-14-125 Household scales. (Repealed)
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Source: L. 83: Entire article R&RE, p. 1352, � 1, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 334, � 21, effective April 2.