Title 35, Agriculture

As used in this article 77, unless the context otherwise requires: (1) "Commissioner" means the commissioner of agriculture. (2) "Covered activity" has the same meaning as set forth in 21 CFR 112.3. (3) "Department" means the department of agriculture. (4) "Farm" has the same mea…

(1) The commissioner may seek, accept, and expend federal money for the purposes of this article 77. The commissioner may enter into a cooperative agreement with the FDA to implement 21 CFR 112 under state law and to seek federal money. (2) If the commissioner does not receive ad…

(1) Except as provided in section 35-77-103, a farm, including a farm that is incorporated into another business, shall register with the commissioner if the farm conducts covered activity and the produce sold during the previous three years by the farm has an average annual mone…

The commissioner shall promulgate rules adopting 21 CFR 112 for produce safety standards for farms. Source: L. 2019: Entire article added, (HB 19-1114), ch. 74, p. 271, § 2, effective August 2.

(1) The commissioner may: (a) Adopt any rule reasonably necessary to implement this article 77; and (b) Administer and enforce this article 77 and any rules adopted under this article 77. (2) In accordance with article 4 of title 24, the commissioner shall conduct hearings requir…

(1) The commissioner may close to public inspection investigations, complaints of record, and farm records; except that: (a) The person in interest, as defined in section 24-72-202, may access these records; or (b) The records may be accessed in accordance with a court order. (2)…

(1) (a) The commissioner may issue an order to cease and desist from violating this article 77 if the commissioner determines, based upon credible evidence, that: (I) A person is violating this article 77 or a rule adopted under this article 77; or (II) A person is violating sect…

(1) Unless authorized by law, it is unlawful for any person to: (a) Refuse to comply with a cease-and-desist order issued under section 35-77-108; or (b) Make a material misstatement in a registration or to the commissioner or the department during an official investigation. (2) …

(1) (a) A farm that violates this article 77 or a rule adopted under this article 77 is subject to an administrative penalty, as determined by the commissioner. (b) To impose an administrative penalty, the commissioner must consider the severity of the violation, the amount of ha…

(1) This article 77 is repealed, effective September 1, 2034. Before the repeal, this article 77 is scheduled for review in accordance with section 24-34-104. (2) This article 77 will be repealed if the commissioner promulgates a rule providing public notice that this article 77 …

This article shall be known and may be cited as the "Pet Animal Care and Facilities Act". Source: L. 94: Entire article added, p. 1299, § 8, effective July 1.

As used in this article 80, unless the context otherwise requires: (1) "Animal shelter" means a public or private facility licensed pursuant to this article and the rules and regulations adopted pursuant thereto. (1.5) "Bird hobby breeder facility" means any facility engaged in t…

(1) Any person who operates a pet animal facility that is licensed as of December 31, 1993, by the United States department of agriculture shall not be subject to the routine inspection provisions of this article but shall be subject to all other provisions, including but not lim…

Any person operating a pet animal facility shall possess a valid pet animal facility license issued by the commissioner in accordance with this article and any rules and regulations adopted by the commissioner in accordance with the provisions of this article. Source: L. 94: Enti…

(1) Each applicant for a pet animal facility license shall submit an application providing all required information in the form and manner required by the commissioner. (2) Each location of a pet animal facility shall be separately licensed. (3) If a pet animal facility operates …

(1) Each pet animal facility shall apply to renew its license on or before the expiration date of the license. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the required renewal fee. (2) If the application for renewal …

(1) Any pet animal held by or in the custody of a licensed animal shelter, whether public or private, and not reclaimed by the owner shall be held by the animal shelter for a minimum of five days after acquisition by the animal shelter before it may become available for adoption …

(1) An animal shelter or pet animal rescue shall not release a dog or cat to a prospective owner unless the animal has been sterilized by a licensed veterinarian. (2) If a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the life of the do…

(1) Each applicant for a Colorado psittacine bird leg band shall be issued a bird leg band number by the commissioner after paying the required application fee, and each holder of a bird leg band number shall pay an annual renewal fee on or before the annual date set by the commi…

(1) The general assembly finds, determines, and declares that homeless dogs and cats, other than cats that were not socialized to people during their behavioral development and therefore do not allow themselves to be handled, deserve appropriate shelter, care, and enrichment by a…

Each pet animal facility shall keep and maintain records in the form and manner designated by the commissioner. Such records shall be retained for a period of two years and shall be kept at the address specified in the license application for the pet animal facility. Source: L. 9…

(1) Unless otherwise authorized by law, it is unlawful and a violation of this article 80 for an individual or entity: (a) To perform any of the acts of a pet animal facility for which licensure is required without possessing a valid license under this article; (b) To solicit, ad…

(1) The short title of this section is the "Pistol the Pomeranian Protection Act". (2) (a) On and after January 1, 2028, a pet store shall not sell, lease, offer to sell or lease, barter, auction, or otherwise transfer ownership of a dog or cat. (b) Nothing in this section prohib…

(1) The commissioner is authorized to administer and enforce the provisions of this article and any rules and regulations adopted pursuant thereto. (2) The commissioner is authorized to adopt all reasonable rules for the administration and enforcement of this article, including, …

(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 80. (2) Complaints of record made to the commissioner and the results of the commissioner's investigations ma…

(1) The commissioner or the commissioner's designee shall enforce the provisions of this article. (2) (a) Whenever the commissioner has reasonable cause to believe a violation of this article 80 or a rule adopted pursuant to this article 80 has occurred and immediate enforcement …

(1) The commissioner, pursuant to the provisions of article 4 of title 24, may issue letters of admonition or deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article 80 if the applicant or licensee: (a) Has refused or failed to comply with an…

(1) The commissioner, pursuant to article 4 of title 24, C.R.S., may deny, refuse to renew, or revoke any license authorized under this article if the applicant or licensee, or any principal, officer, director, manager, or other person who has or would have substantial control or…

(1) A person that violates this article 80 or any rule adopted pursuant to this article 80 is subject to a civil penalty, as determined by the commissioner. The amount of the maximum penalty must not exceed two thousand five hundred dollars per violation. (2) No civil penalty may…

A person that violates section 35-80-108 (1)(a), (1)(b), (1)(c), (1)(f), (1)(m), or (1)(o)(I) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. Source: L. 94: Entire article added, p. 1309, § 8, effective July 1. L. 2000: Entire section amende…

(1) (a) There is hereby established a pet animal advisory committee to advise the commissioner in establishing rules under this article 80 and to provide ongoing review of this article 80. The members of the advisory committee shall receive no compensation or reimbursement from t…

(1) All fees collected pursuant to this article 80 shall be transmitted to the state treasurer who shall credit the fee to the pet animal care and facility fund, which fund is hereby created. All money credited to the fund is a part of the fund and shall not be transferred or cre…

(1) This article 80 is repealed, effective September 1, 2034. (2) Before the repeal, the licensing functions of the commissioner are scheduled for review in accordance with section 24-34-104. (3) On or before February 1, 2018, the commissioner shall provide a written report to th…

(1) The general assembly hereby determines and declares that: (a) Hybrid canids and felines may pose a significant threat to other animals and humans because of their unpredictable nature; (b) Wolf hybrids in particular may pose a threat to humans and have been declared responsib…

(1) The commissioner of the department of agriculture is hereby authorized to appoint and convene an advisory group to study the behavior of hybrid canids and felines including, but not limited to, wolf hybrids, which study shall include a review of any incidents involving proper…

As used in this article 82, unless the context otherwise requires: (1) "Animal" means a live vertebrate, nonhuman animal. (2) "Animal shelter" has the meaning set forth in section 35-80-102 (1). (3) "Cat" means a small, domesticated, carnivorous mammal that is a member of the fam…

(1) (a) Before euthanizing a dog or cat, a health-related research facility shall offer the dog or cat to an animal shelter or a pet animal rescue for the purpose of adoption. If the health-related research facility has an internal adoption program, the facility may first offer t…

(1) The general assembly finds that: (a) The accumulation of excess or unwanted pesticide products may pose a risk to human health or the environment because: (I) Pesticide product containers may be compromised by lengthy or improper storage, leading to an increased potential for…

As used in this article 10.5, unless the context otherwise requires: (1) "Board" means the board of directors of the enterprise created in section 35-10.5-104 (1)(a). (2) "Commercial applicator" has the meaning set forth in section 35-10-103 (2). (3) "Commission" means the state …

(1) The pesticide product disposal and container recycling enterprise is created in the department and exercises its powers and performs its duties and functions as a government-owned business in the department to execute the business purposes set forth in this section. The enter…

(1) (a) The enterprise board of directors is created to administer the enterprise. The board consists of the members of the commission. (b) Board members serve without compensation and are not entitled to receive reimbursement for travel expenses incurred in the performance of th…

(1) On and after January 1, 2027, the board shall develop and administer a program for the disposal of eligible pesticide products and to coordinate the recycling of pesticide product containers, which program must: (a) Provide the following business services to commercial applic…

(1) The pesticide product disposal and container recycling enterprise cash fund is created in the state treasury. The fund consists of: (a) Money received as a pesticide product disposal fee or a pesticide registration product disposal fee pursuant to section 35-10.5-105; (b) Any…

(1) Notwithstanding section 24-1-136 (11)(a)(I), no later than April 1, 2028, and no later than each April 1 thereafter, the enterprise shall report to the agriculture, water, and natural resources committee of the house of representatives and the agriculture and natural resource…

This article shall be known and may be cited as the "Organic Certification Act". Source: L. 89: Entire article added, p. 1376, § 1, effective June 6.

The general assembly declares that the purpose of this article is to provide a means for the general public to recognize and purchase organically grown agricultural products and to assist Colorado producers in the marketing of such products. The general assembly further declares …