Title 35, Agriculture

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…

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 …

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…

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…

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…

(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 …

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…

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 …

(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…

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.

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…

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 auth…

(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…

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 …

(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…

(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…

(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,…

(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…

(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…

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.

(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 …

(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…

(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 misrepresentat…

(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…

(1) Repealed. (2) In addition to the criminal penalty prescribed in section 35-33-406, any person who violates this article 33 or any rule promulgated under this article 33 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The …

Any person who violates this article 33 or any rule promulgated under this article 33 commits a petty offense and shall be punished as provided in section 18-1.3-503. Source: L. 89: Entire article R&RE, p. 1394, § 1, effective April 12. L. 2002: Entire section amended, p. 1549, §…

This article 33 is repealed, effective September 1, 2032. Before its repeal, the licensing functions of the department are scheduled for review in accordance with section 24-34-104. Source: L. 91: Entire section added, p. 690, § 69, effective April 20. L. 95: Entire section amend…

It is the declared policy of the state of Colorado to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The general assembly recognizes that, when nonagricultural land uses extend …

(1) (a) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.…

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end th…

Any person, firm, company, association, or corporation, foreign or domestic, who makes a business of buying grain, wheat, corn, barley, oats, or rye from the producer shall be required to buy the same on the basis of federal grades, and the purchasing agent of each person, firm, …

When grain is offered for sale by sample and when it can be agreed between the buyer and seller as to value, it shall be lawful to purchase or sell grain by sample. Source: L. 19: p. 422, § 6. C.L. § 3688. CSA: C. 69, § 37. CRS 53: § 7-15-6. C.R.S. 1963: § 7-13-2.

Every corporation, partnership, association, or individual who engages in the business of buying, selling, and milling wheat, oats, rye, barley, or other cereal products and who screens such products, unless otherwise agreed upon between the seller and purchaser, shall deliver al…

Any corporation, partnership, association, or individual violating any of the provisions of this article 35 commits a civil infraction. Source: L. 19: p. 423, § 2. C.L. § 3690. CSA: C. 69, § 39. CRS 53: § 7-15-8. L. 62: p. 129, § 2. C.R.S. 1963: § 7-13-4. L. 2021: Entire section …

In addition to the penalties provided for in section 35-35-104, a right of action is hereby given to every such seller of cereal products, as damages from any purchaser of such cereal products, the value of all such screenings so wrongfully detained by any such corporation, partn…

The short title of this article 36 is the "Commodity Handler and Farm Products Act". Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 715, § 2, effective June 29.

As used in this article 36, unless the context otherwise requires: (1) "Agent" means a person who, on behalf of a dealer or small-volume dealer, buys, receives, contracts for, or solicits any farm products from or sells farm products for the owner of the farm products or who nego…

(1) (a) The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding: (I) Financial assurance requir…

(1) If the commissioner determines that there exists a violation of this article 36 or of any rule promulgated under the authority of this article 36, the commissioner may issue a cease-and-desist order, which may require a person to cease functioning as a commodity handler, smal…

(1) A person who violates this article 36 or any rule enacted pursuant to this article 36 is subject to a civil penalty as determined by the commissioner. The maximum penalty is one thousand dollars per violation per day. (2) A civil penalty shall not be imposed unless the person…

(1) A person who violates section 35-36-217 (1)(a) to (1)(e) or (1)(j) or section 35-36-313 (1)(a) to (1)(e) commits a class 6 felony and shall be punished as provided in section 18-1.3-401. A person who violates section 35-36-217 (1)(f) or 35-36-313 (1)(f) or (1)(j) commits thef…

Any action of the commissioner with reference to the administration of this article 36 may be reviewed by any court of competent jurisdiction pursuant to section 24-4-106 only after all administrative remedies have been exhausted. Source: L. 2020: Entire article amended with relo…

This article 36 is repealed, effective September 1, 2032. Before the repeal, this article 36 is scheduled for review in accordance with section 24-34-104. Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 724, § 2, effective June 29. L. 2025: Ent…

(1) (a) A person shall not act as a commodity handler in this state without having first obtained a license from the department. (b) A small-volume commodity handler need not obtain a license. (2) Every person acting as a commodity handler in this state shall, each year before th…

(1) The provisions of this part 2 that apply to warehouse operators do not apply to the owner or operator of a public warehouse or other facility where the owner or operator: (a) Operates a public warehouse in this state with a valid license issued either by the United States dep…

(1) (a) An applicant for a commodity handler license shall pay, for each year in which the license is to be valid, a license fee established by the commission, which license fee the department shall collect and transmit to the state treasurer, who shall credit the money to the in…