Title 35, Agriculture

(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) …

(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 …

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…

(1) After January 1, 1994, no person shall act as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state, except as provided in this article, if such person is not registered with the department. (2) (a) A person may register as a custom…

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…

(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…

(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…

(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…

(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 …

(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…

(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…

(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…

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…

(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 …

(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…

All fees and civil fines collected pursuant to this article 27 shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. The fees and fines imposed by this articl…

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…

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. ANNOTATION Marketing Act of 1939 is not unconstitutional on its face. Swisher v. Brown, 157 Col…

(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…

(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…

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 …

(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 …

(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…

(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…

(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, …

(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…

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…

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…

Upon the issuance, suspension, amendment, or termination of a marketing order, public announcement of the issuance, suspension, amendment, or termination must be made in the manner and at the time required by the commissioner. An order, suspension, amendment, or termination will …

(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…

(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…

(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…

(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…

(1) The commissioner of agriculture shall be responsible for the administration and enforcement of this article. (2) Every person who violates any provision of this article 28 or any provision of any marketing order duly issued by the commissioner under this article 28 commits a …

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 …

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…

(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…

(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…

(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…

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…

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…

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…

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 …

(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…

(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…

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…