Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-1-101 Short title
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This article shall be known and may be cited as the State Department of Agriculture Act of 1949. Source: L. 49: p. 185, � 1. CSA: C. 5, � 13(3). CRS 53: � 6-1-1. C.R.S. 1963: � 6-1-1.
Colo. Rev. Stat. § 35-1-102 Definitions
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As used in this article 1, unless the context otherwise requires: (1) Agriculture means the science and art of production of plants and animals useful to humans, including, to a variable extent, the preparation of these products for human use and their disposal by marketing or ot…
Colo. Rev. Stat. § 35-1-103 Department of agriculture
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There is hereby created a department of agriculture, referred to in this article as the department. When any law of this state refers to the state department of agriculture, said law shall be construed as referring to the department of agriculture. Source: L. 49: p. 186, � 3. CSA…
Colo. Rev. Stat. § 35-1-104 Functions, powers, and duties - rules
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(1) The department has and shall exercise the following functions, powers, and duties: (a) To inquire into the needs of agriculture of the state and make appropriate recommendations to the governor and the general assembly, except as to functions specifically assigned under state…
Colo. Rev. Stat. § 35-1-106 Powers and duties of commission - rules
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(1) In addition to all other powers and duties conferred upon the commission by this article 1, the commission has the following specific powers and duties: (a) To formulate the general policy with respect to the management of the department of agriculture and the general policy …
Colo. Rev. Stat. § 35-1-106.4 Emergency invasive-pest response fund
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(1) The emergency invasive-pest response fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of: (a) Money transferred to the fund in accordance with section 35-1-106.3 (4); (b) Money from remuneration authorized in section 35…
Colo. Rev. Stat. § 35-1-106.5 Inspection and consumer services cash fund - creation
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(1) All fees, fines, and penalties collected under articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35, other than civil penalties collected under section 35-21-107.5, shall be transmitted to the state treasurer, who shall credit the…
Colo. Rev. Stat. § 35-1-106.7 Conservation district grant fund
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(1) There is hereby created in the state treasury the conservation district grant fund. The fund consists of money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(III). Money in the fund is specifically and continuously appropriated to the department. The departme…
Colo. Rev. Stat. § 35-1-106.9 Agriculture management fund - creation - repeal
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(1) There is created in the state treasury the agriculture management fund. The fund consists of money transferred pursuant to section 38-13-801.5 (3), any money realized from the sale of the inspection and consumer services division facility and other real property associated wi…
Colo. Rev. Stat. § 35-1-108 Divisions created
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There is created in the department an administrative services division, a division of plant industry, a division of animal health, a division of animal welfare, a division of markets, and a division of inspection and consumer services. These divisions are type 2 entities, as defi…
Colo. Rev. Stat. § 35-1-109 Employees interchangeable
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The commissioner shall organize the department so that all employees of the department, so far as possible, are interchangeable in work assignment so that they may be shifted within the department to meet seasonal and emergency demands upon any division or section of the departme…
Colo. Rev. Stat. § 35-1-110 Legal adviser - legal actions
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The attorney general shall be the legal adviser for the department of agriculture and shall defend it in all actions and proceedings brought against it. The district attorney of the judicial district in which a cause of action may arise shall bring any action, civil or criminal, …
Colo. Rev. Stat. § 35-1-111 Records of receipts and expenditures - appropriations
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(1) The department shall maintain records, in the manner prescribed by the controller, on all receipts and expenditures made with respect to each service for which moneys are credited to the general fund under the provisions of articles 1 to 13, 26, and 27 of this title and artic…
Colo. Rev. Stat. § 35-1-112 Licensing functions subject to periodic review. (Repealed)
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Source: L. 79: Entire section added, p. 1611, � 7, effective June 7. L. 81: (4) amended, p. 1704, � 1, effective June 5. L. 85: (4) amended, p. 1139, � 1, effective May 31. L. 88: (1), (2), and (4) amended, p. 932, � 22, effective April 28. L. 90: Entire section repealed, p. 1597…
Colo. Rev. Stat. § 35-1-113 Applications for licenses - authority to suspend licenses - rules
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(1) Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number. (2) The department or any authorized agent of the department shall deny, suspend, or re…
Colo. Rev. Stat. § 35-1-116 Blockchain educational program - repeal
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(1) On or before January 1, 2024, the commissioner shall create and deploy an online program that teaches: (a) The benefits of implementing blockchain technology in agricultural production, distribution, and sales; (b) The different blockchain programs that exist for agricultural…
Colo. Rev. Stat. § 35-1-119 Wild horse population management
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(1) Subject to obtaining approval from the United States bureau of land management in the department of the interior, the department may assist with managing wild horse populations using fertility control management methods that are or are substantially similar to immunocontracep…
Colo. Rev. Stat. § 35-2-101 Information furnished - by whom
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The commissioner of agriculture, acting under the direction of the state agricultural commission in the collection of information necessary to perform the commissioner's duties and subject to section 24-1-136, in regard to the publication of such information, may call upon the se…
Colo. Rev. Stat. § 35-2-102 Statistical reports
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It is the duty of the assessor of each county in this state, at the time of making the annual assessment of property, to collect such statistics in relation to the population, farm operations, principal farm products, agricultural resources, and livestock of the county as may be …
Colo. Rev. Stat. § 35-2-103 Cooperation with secretary of agriculture
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To facilitate the work of collecting agricultural and livestock statistics required by this article 2, the commissioner of agriculture may enter into a cooperative agreement with the secretary of agriculture of the United States, or the secretary's accredited representatives, und…
Colo. Rev. Stat. § 35-2-104 Failure to give information to commission - penalty
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Any person having in the person's possession information necessary to carrying out the purposes of this article 2 who fails or refuses to furnish the information to the state agricultural commission upon proper request by the commissioner of agriculture is guilty of a misdemeanor…
Colo. Rev. Stat. § 35-2-105 Failure to give information to assessor - penalty
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Any person who is required by this article to give information to the county assessor concerning farm operations, crop production, agricultural resources, livestock, or other matters covered by this article, and who, upon proper request being made, fails, refuses, or neglects to …
Colo. Rev. Stat. § 35-2-106 Reports confidential
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The reports made to the commissioner of agriculture by individuals, firms, or corporations, or to any of the several state, county, city, town, school district, or institutional officers specified in section 35-2-101, shall be regarded as confidential and not for the purpose of d…
Colo. Rev. Stat. § 35-2-107 Contracts to remain in force
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All existing contracts and obligations of the state agricultural commission shall remain in full force and effect and shall be performed by the state agricultural commission, and particularly that certain contract entered into on April 30, 1919, by and between the state of Colora…
Colo. Rev. Stat. § 35-3-101 Short title
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This article shall be known and may be cited as the Colorado Agricultural Conservation and Adjustment Act. Source: L. 37: p. 257, � 1. CSA: C. 5, � 61. CRS 53: � 6-3-1. C.R.S. 1963: � 6-3-1.
Colo. Rev. Stat. § 35-3-102 Legislative declaration
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(1) It is recognized and declared: (a) That the soil resources and fertility of the land of this state, and the economic use thereof, the prosperity of the farming population of this state, and the waters of the rivers of this state, and the prevention of floods are matters affec…
Colo. Rev. Stat. § 35-3-103 Definitions
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As used in this article 3, unless the context otherwise requires: (1) Department means the department of agriculture. (2) Other states of the United States includes Puerto Rico. (3) Person includes an individual, corporation, partnership, firm, business trust, joint stock company…
Colo. Rev. Stat. § 35-3-104 Department - designation as state agency
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(1) The department is designated and authorized as the state agency to carry out the policy and purposes of this article 3 and to formulate and administer state plans pursuant to the terms of this article 3. (2) The department shall perform its duties and functions as such agency…
Colo. Rev. Stat. § 35-3-105 Administration of state plans
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(1) The department is authorized to formulate for each calendar year and to submit to the secretary of agriculture of the United States, for and in the name of this state, a state plan for carrying out the purposes of this article during such calendar year. (2) The department is …
Colo. Rev. Stat. § 35-3-106 Administration of funds
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(1) The department is authorized to receive on behalf of this state all grants of money or other aid made available from any source to assist the state in carrying out the policy and purposes of this article. All such money or other aid, together with any moneys appropriated or o…
Colo. Rev. Stat. § 35-3-107 Powers and duties of state agency
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(1) The department shall utilize such available services and assistance of other state agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or calculated to assist substantially in the effective admi…
Colo. Rev. Stat. § 35-3-108 Districts and communities
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(1) The department shall designate within the state five agricultural districts. As far as practicable, such districts shall be so constituted as to contain approximately equal numbers of agricultural producers. Such districts shall include in the aggregate all of the land in the…
Colo. Rev. Stat. § 35-3-109 Community and county committees - rules
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(1) The department by rule shall provide: (a) For the organization within each community of a voluntary association, in which all agricultural producers who are citizens of this state and residents in such community are entitled to equal participation; for the selection by each a…
Colo. Rev. Stat. § 35-3-110 State advisory committee - sunset review. (Repealed)
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Source: L. 37: p. 266, � 10. CSA: C. 5, � 70. CRS 53: � 6-3-10. C.R.S. 1963: � 6-3-10. L. 86: (4) added, p. 425, � 57, effective March 26. L. 91: Entire section repealed, p. 885, � 9, effective June 5.
Colo. Rev. Stat. § 35-3-111 Reports - publications
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The administrative officer within the department charged with administration of this article shall report to the commissioner at such times and on such matters as the commissioner may require. Publications made pursuant to this article and circulated in quantity outside the depar…
Colo. Rev. Stat. § 35-4-101 Short title
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This article shall be known and may be cited as the Pest Control Act. Source: L. 37: p. 643, � 2. CSA: C. 80, � 44. CRS 53: � 6-10-1. C.R.S. 1963: � 6-10-1.
Colo. Rev. Stat. § 35-4-101.5 Legislative declaration
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The general assembly hereby finds and declares that there is a need to prevent the introduction into Colorado and the dissemination within this state of plant pests through the movement of plant products and other plant material. This act provides for the regulation of the moveme…
Colo. Rev. Stat. § 35-4-102 Definitions
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As used in this article 4, unless the context otherwise requires: (1) Board of county commissioners means the public officials duly elected to that public office or their designated agents. (2) Commission means the state agricultural commission created in section 35-1-105. (3) Co…
Colo. Rev. Stat. § 35-4-103 Administration
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(1) The commissioner shall administer this article. A board of county commissioners shall concurrently administer this article and shall have full authority for the proper enforcement thereof by county pest inspectors employed by said board of county commissioners. (2) (a) Whenev…
Colo. Rev. Stat. § 35-4-104 County pest inspectors
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The persons who may be employed under this article, aside from employees of the department of agriculture, shall be county pest inspectors and their deputies, who shall be appointed by the board of county commissioners of the county where they are to serve and receive their pay. …
Colo. Rev. Stat. § 35-4-105 Compensation
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A county pest inspector shall receive such compensation as may be fixed by the board of county commissioners hiring such county pest inspector. The board of county commissioners shall provide for reimbursement of the county pest inspector for actual expenses incurred in carrying …
Colo. Rev. Stat. § 35-4-106 County pest inspectors - examination of applicants
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It is the duty of a board of county commissioners to examine all applicants for the positions of county pest inspectors, and, if an applicant is found competent and fully qualified to perform the duties of the office, the board shall issue a license as county pest inspector. A pe…
Colo. Rev. Stat. § 35-4-107 Inspections - notice - treatment - collection of costs
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(1) (a) The county pest inspector shall have the right to enter upon any public or private property during reasonable business hours to inspect for pest infestations or infection and ensure compliance with the requirements of this article and any local requirements when at least …
Colo. Rev. Stat. § 35-4-108 Unlawful to transport pests
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(1) It is unlawful for any person, by any means whatsoever, to knowingly transport, into or in Colorado, live pests or host material which may be injurious to agriculture or horticulture in this state, without permission from the commissioner. (2) The commissioner may issue and e…
Colo. Rev. Stat. § 35-4-109 Emergency disposal of plant material
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A shipment of any plant material into Colorado that is found to be in violation of a quarantine declared pursuant to section 35-4-110 or found to carry exotic pests not previously found in the United States or pests known to cause high levels of economic damage under similar cond…
Colo. Rev. Stat. § 35-4-110 Quarantine and control of pests - rules
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(1) Whenever the commissioner finds any portion of the state to be affected with exotic pests not previously found in the United States, pests known to cause high levels of economic damage under similar conditions of climate and natural habitat in other areas outside this state, …
Colo. Rev. Stat. § 35-4-110.5 Declaration of quarantine emergency
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(1) The commissioner shall notify the governor of the necessity for declaring a quarantine emergency if all of the following conditions are met: (a) The commissioner has declared a quarantine pursuant to section 35-4-110 (1) or (2) or both. (b) The commissioner has determined tha…
Colo. Rev. Stat. § 35-4-111 Inspections - certificates - remedial measures
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(1) Should any owner or bailee request an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection and shall charge the owner or bailee adequate …
Colo. Rev. Stat. § 35-4-112 Right of entry
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Except as provided in section 35-4-107, the commissioner and any authorized agent thereof and county pest inspectors employed under this article, together with such help as they may need in the prosecution of their work, are authorized upon consent or upon obtaining an administra…
Colo. Rev. Stat. § 35-4-113 Authority of commissioner to enter into agreements
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(1) The commissioner may enter into agreements with other agencies of this state or of other states or any agency of the federal government and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this ar…