Title 35, Agriculture
0 chapters · 839 sections in this title.
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…
Colo. Rev. Stat. § 35-29-101 Legislative declaration
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The purposes of this article are to provide a means whereby the general public purchasing certain Colorado agricultural products may be assured of the quality and grade of such products; to assure Colorado producers a better return from the sale of higher quality products; to est…
Colo. Rev. Stat. § 35-29-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Colorado agricultural products means any agricultural, horticultural, viticultural, or vegetable products or poultry or poultry products grown or produced in the state of Colorado. (2) Commissioner means the comm…
Colo. Rev. Stat. § 35-29-103 Administration - seal of quality
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(1) The commissioner and the representatives of the department under the direction of the commissioner shall administer and enforce this article 29, and, in such administration, the commissioner has and may exercise the administrative powers conferred upon the commissioner as hea…
Colo. Rev. Stat. § 35-29-104 Standards of quality
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(1) The department shall establish minimum standards of quality for all agricultural products to be marketed under the seal of quality. (2) The quality standards may be changed from time to time by the department, but any producer, packer, distributor, or retailer affected by the…
Colo. Rev. Stat. § 35-29-105 Authority to enter, inspect, and take samples
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Any authorized representative of the department may enter and inspect any place where products being marketed under this article are being sold or offered for sale and take such samples as may be necessary to determine the grade, quality, or condition of the product. Source: L. 6…
Colo. Rev. Stat. § 35-29-106 Authority to make rules and regulations
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The department is granted power to make rules and regulations concerning standards for grade, size, quality, and condition of agricultural products being marketed under the seal of quality. Source: L. 61: p. 176, � 6. CRS 53: � 7-18-6. C.R.S. 1963: � 7-16-6. Cross references: For…
Colo. Rev. Stat. § 35-29-107 Financing
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To defray the expense of establishing the seal of quality program, the department is authorized to produce and sell labels, decals, stamps, mats, streamers, plates, or other forms of identification or advertising containing the seal of quality to be used by those persons marketin…
Colo. Rev. Stat. § 35-29-108 Unlawful acts
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(1) It is unlawful for any person: (a) To sell or offer for sale any Colorado agricultural product identified by the seal of quality which does not meet the minimum standards established by the department; (b) To sell or offer for sale any agricultural product in any used contain…
Colo. Rev. Stat. § 35-29-109 Penalties
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Any person violating any of the provisions of this article 29 commits a petty offense. Source: L. 61: p. 177, � 9. CRS 53: � 7-18-9. C.R.S. 1963: � 7-16-9. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3279, � 628, effective March 1, 2022.
Colo. Rev. Stat. § 35-30-101 Cooperation with United States
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The governor may cooperate with the government of the United States and its agents and representatives in all matters pertaining to the conservation, distribution, or production of food, insofar as the governor may find it possible to do so. Source: L. 17: Ex. Sess., p. 3, � 1. C…
Colo. Rev. Stat. § 35-30-102 Powers of governor
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The governor of the state of Colorado is vested with all police and regulatory powers regarding the production, storage, refrigeration, manufacture, distribution, handling, dealing in, or sale of foodstuffs or food products and other necessities of life, whether in the raw state …
Colo. Rev. Stat. § 35-31-101 Destruction of food prohibited
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It is unlawful for any person, firm, partnership, association, or corporation or any servant, agent, employee, or officer thereof to destroy or cause to be destroyed, or to permit to decay or to become unfit for use or consumption, or to take, send, or cause to be transported out…
Colo. Rev. Stat. § 35-31-102 Applicable to unmatured foods
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This part 1 shall apply to the destruction of unripe or unmatured food products or articles as well as to the destruction of the same when matured or ready for marketing. Source: L. 17: Ex. Sess., p. 39, � 2. C.L. � 3693. CSA: C. 69, � 42. CRS 53: � 7-2-2. C.R.S. 1963: � 7-2-2. L…
Colo. Rev. Stat. § 35-31-103 Evidence
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Evidence of the voluntary destruction or of the destruction, if unexplained, of any of the food products or articles mentioned in section 35-31-101, or of the voluntary and willful permitting of the same to decay, or of the taking, sending, or causing of the same to be transporte…
Colo. Rev. Stat. § 35-31-104 Penalty
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(1) Any person, whether acting individually or otherwise, in such person's own behalf, or as the agent, employee, servant, director, or officer of any other person, partnership, firm, association, or corporation, or any corporation who violates any of the provisions of this part …
Colo. Rev. Stat. § 35-31-105 Enforcement
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It is the duty of the district attorneys in their respective districts and of the attorney general to enforce the provisions of this part 1. It is the duty of all citizens of this state who have knowledge or information of a violation of this part 1 to at once inform against anyo…
Colo. Rev. Stat. § 35-31-106 Liberal construction
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This part 1 shall be liberally construed to effectuate its purpose of preventing waste and of conserving and protecting the food supply available to the people of the state, to the end that the people may enjoy the benefit of any abundance or oversupply of any such food articles …
Colo. Rev. Stat. § 35-31-201 Protection of agricultural products - damages - definitions
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(1) (a) Any person who, without the consent of the owner of an agricultural product, exercises control over the agricultural product with the intent to deprive such owner of the agricultural product or who maliciously damages or destroys the agricultural product, or who encourage…
Colo. Rev. Stat. § 35-33-101 Short title
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This article shall be known and may be cited as the Custom Processing of Meat Animals Act. Source: L. 89: Entire article R&RE, p. 1382, � 1, effective April 12. L. 2009: Entire section amended, (SB 09-117), ch. 123, p. 507, � 3, effective April 16. Editor's note: This section is …
Colo. Rev. Stat. § 35-33-102 Legislative declaration
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The general assembly declares that the purpose of this article is to regulate the slaughter and processing of certain animals intended for human consumption. The general assembly finds that the production, processing, and consumption of meat animals plays an important part in the…
Colo. Rev. Stat. § 35-33-103 Definitions
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As used in this article 33, unless the context otherwise requires: (1) Adulterated has the meaning set forth in section 25-5-410, C.R.S. (2) Commission means the state agricultural commission. (3) Commissioner means the commissioner of agriculture or the commissioner's authorized…
Colo. Rev. Stat. § 35-33-104 Commissioner of agriculture - powers and duties
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(1) The commissioner is hereby authorized to formulate reasonable rules and standards of construction, labeling, operation, record keeping, and sanitation for all processing facilities and shall establish rules and standards pertaining to containers, packaging materials, mobile s…
Colo. Rev. Stat. § 35-33-105 Injunctive relief
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Whenever the commissioner possesses sufficient evidence satisfactory to the commissioner indicating that a person has engaged in or is about to engage in an act or practice constituting a violation of a provision of this article 33 or of a rule adopted under this article 33, the …
Colo. Rev. Stat. § 35-33-106 Delegation of duties - cooperative agreements
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(1) The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department. (2) The department may receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the Uni…
Colo. Rev. Stat. § 35-33-107 Exemptions
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(1) Repealed. (2) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123, p. 513, � 8, effective April 16, 2009.) (3) Any person who holds an establishment number issued by the United States department of agriculture for purposes of inspection and does not engage in the custom proc…
Colo. Rev. Stat. § 35-33-108 Operators not warehousemen. (Repealed)
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Source: L. 89: Entire article R&RE, p. 1388, � 1, effective April 12. L. 2009: Entire section repealed, (SB 09-117), ch. 123, p. 513, � 9, effective April 16. Editor's note: This section was similar to former � 35-33-109 as it existed prior to 1989.
Colo. Rev. Stat. § 35-33-201 Processing facilities - operation - rules
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(1) Each processing facility licensed under this article must be operated and maintained in a manner sufficient to prevent the creation of unsanitary conditions and to ensure that meat or meat products are not adulterated. (2) (Deleted by amendment, L. 2009, (SB 09-117), ch. 123,…
Colo. Rev. Stat. § 35-33-202 Record-keeping requirements
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(1) (a) Every processor shall maintain records of each customer transaction, including, at a minimum: (I) The date of the transaction; (II) A description of the meat or meat products processed, including species and quantity; (III) The name and address of the owner; and (IV) Such…
Colo. Rev. Stat. § 35-33-203 Slaughter methods
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(1) A processor shall not shackle, hoist, or otherwise bring animals into position for slaughter, or slaughter or bleed animals, except by humane methods. (2) The commissioner may promulgate rules that conform substantially to the rules of the secretary of agriculture of the Unit…
Colo. Rev. Stat. § 35-33-203.5 Freezing prior to delivery
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Unless otherwise requested by the owner, all meat or meat products shall be sharp frozen before delivery. Source: L. 2009: Entire section added, (SB 09-117), ch. 123, p. 516, � 14, effective April 16.
Colo. Rev. Stat. § 35-33-204 Sale of adulterated or diseased meat. (Repealed)
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Source: L. 89: Entire article R&RE, p. 1389, � 1, effective April 12. L. 95: Entire section amended, p. 31, � 5, effective July 1. L. 2002: (2) amended, p. 1548, � 314, effective October 1. L. 2009: Entire section repealed, (SB 09-117), ch. 123, p. 515, � 13, effective April 16.
Colo. Rev. Stat. § 35-33-205 Repeal of part. (Repealed)
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Source: L. 91: Entire section added, p. 690, � 68, effective April 20. L. 95: Entire section repealed, p. 32, � 6, effective July 1.
Colo. Rev. Stat. § 35-33-206 License required - application - inspection - issuance
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(1) Any person who desires to operate a custom processing facility shall first obtain a license from the department. A separate license shall be required for each custom processing facility. The application shall be in writing on forms supplied by the department, shall set forth …
Colo. Rev. Stat. § 35-33-207 License fees
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(1) The fee for each license under this article shall be established by the commission. There shall be no reduction of a license fee for any fractional part of a year. The fee schedule shall cover all direct and indirect costs associated with the licensing, inspection, and regula…
Colo. Rev. Stat. § 35-33-208 Disciplinary actions - grounds
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(1) In accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S., the commissioner may deny, suspend, revoke, restrict, refuse to renew, or place on probation the license of any applicant or licensee who: (a) Makes a false statement or misrepresentatio…
Colo. Rev. Stat. § 35-33-301 Sale of poultry - labeling - rules
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(1) A poultry producer exempted under this article 33 may sell poultry to individuals. A poultry producer licensed under this article 33 may sell poultry to retail food establishments licensed pursuant to section 25-4-1606 and to individuals. (2) The department shall consult with…
Colo. Rev. Stat. § 35-33-401 License required - application. (Repealed)
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Source: L. 89: Entire article R&RE, p. 1392, � 1, effective April 12. L. 2002: (3) amended, p. 1549, � 316, effective October 1. L. 2009: Entire section repealed, (SB 09-117), ch. 123, p. 517, � 16, effective April 16. Editor's note: Prior to its repeal, this section was similar …