Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-25-110 Authority to enter premises
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The commissioner is authorized, during reasonable business hours, to enter upon or into any premises, lands, buildings, or places where bees or beekeeping appliances are kept for carrying out the provisions of this article. Source: L. 73: p. 207, � 1. C.R.S. 1963: � 7-7-10.
Colo. Rev. Stat. § 35-25-111 Penalties
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In addition to civil penalties that may be imposed pursuant to section 35-25-103 (5), any person violating any provision of this article 25 commits a civil infraction and, for any offense thereafter, is guilty of a petty offense and shall be punished as provided in section 18-1.3…
Colo. Rev. Stat. § 35-25-112 Injunctive relief
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The commissioner may institute an action to enjoin any violation of this article or any rule or regulation promulgated under this article. A violation of this article or any rule or regulation promulgated pursuant thereto is declared to constitute a public nuisance. Such action f…
Colo. Rev. Stat. § 35-25-113 Agreements
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The commissioner may enter into agreements with any municipal, county, federal, or other state agencies and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article. Source: L. 73: p. 207, � 1. C…
Colo. Rev. Stat. § 35-25-114 Exemption. (Repealed)
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Source: L. 77: Entire section added, p. 1602, � 2, effective July 1. L. 80: Entire section amended, p. 692, � 2, effective April 13. L. 81: Entire section amended, p. 1704, � 3, effective June 5. L. 83: Entire section repealed, p. 1360, � 3, effective June 1. 35-25-115. Alfalfa l…
Colo. Rev. Stat. § 35-25-117 Emergency powers
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If, at any time, the commissioner determines the existence of any imminent hazard inimical to the beekeeping industry in this state, the commissioner may take appropriate action, including but not limited to: Inspecting any public or private place; establishing and enforcing quar…
Colo. Rev. Stat. § 35-26-101 Short title
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This article shall be known and may be cited as the Colorado Nursery Act. Source: L. 71: R&RE, p. 143, � 1. C.R.S. 1963: � 6-15-1.
Colo. Rev. Stat. § 35-26-101.5 Legislative declaration
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(1) The general assembly hereby finds and determines that nursery stock can harbor plant pests and diseases and operate as a disease vector. Unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural…
Colo. Rev. Stat. § 35-26-102 Definitions
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As used in this article 26, unless the context otherwise requires: (1) Advertisement means the attempt by publication, dissemination, solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any…
Colo. Rev. Stat. § 35-26-103 Inspections
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(1) (a) Except as otherwise provided in this section, premises in this state on which nursery stock is kept for sale or offered for sale and all areas in this state that are sources of collected nursery stock may be inspected by the commissioner or the commissioner's authorized a…
Colo. Rev. Stat. § 35-26-104 Labeling - rules
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(1) There shall be securely attached to each item of nursery stock when offered for sale or distributed, or to each bundle or lot when sold as a single lot of the same kind, grade, size, and variety, a label showing: (a) The correct botanical or accepted common name; (b) The grad…
Colo. Rev. Stat. § 35-26-105 Prohibited acts - removal from sale - advisory alerts
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(1) A person shall not sell, offer for sale, or distribute: (a) Nursery stock in a dead or dying condition; (b) Nursery stock infested or infected with insect pests or plant diseases; (c) Noxious weeds or nursery stock that is infested with noxious weeds; or (d) Nursery stock in …
Colo. Rev. Stat. § 35-26-107 Advisory committee - sunset review. (Repealed)
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Source: L. 71: R&RE, p. 146, � 1. C.R.S. 1963: � 6-15-7. L. 73: p. 197, � 2. L. 86: (3) added, p. 425, � 60, effective March 26. L. 91: (1) and (3)(a) amended, p. 154, �� 9, 10, effective July 1. Editor's note: Subsection (3)(a) provided for the repeal of this section, effective …
Colo. Rev. Stat. § 35-26-109 Penalties
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(1) Any person who intentionally violates any provision of this article 26 or the rules or regulations promulgated pursuant to this article 26 commits a petty offense and shall be punished as provided in section 18-1.3-503. (2) Any person who violates any provision of this articl…
Colo. Rev. Stat. § 35-26-110 Out-of-state nurseries
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(1) The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the commissioner a certified copy of the state of origin certificate of inspection of the nursery. This requirement may be satisfied by delivering to the commiss…
Colo. Rev. Stat. § 35-26-111 Rules
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The commissioner shall adopt such rules as the commissioner deems necessary and proper for the furtherance and enforcement of this article 26. The rules shall be adopted in accordance with article 4 of title 24. Source: L. 73: p. 198, � 4. C.R.S. 1963: � 6-15-11.4 L. 2025: Entire…
Colo. Rev. Stat. § 35-26-112 Delegation of duties
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The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department. Source: L. 83: Entire section added, p. 1364, � 8, effective July 1. L. 91: Entire section amended, p. 157, � 14, effective July 1.
Colo. Rev. Stat. § 35-26-113 Bodies politic
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(1) All growing fields and all other premises in this state on which nursery stock is being grown or held by bodies politic for the purpose of planting on public or private grounds shall be inspected at least once each year by the commissioner or the commissioner's authorized age…
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…
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…