ARTICLE 1 DEPARTMENT OF AGRICULTURE

Cross references: For creation of the department of agriculture and the transfer to that department of the state agricultural commission, the office of commissioner of agriculture, and other divisions, authorities, boards, or bureaus, under the "Administrative Organization Act of 1968", see § 24-1-123.

Section

35-1.2-101. Short title.

The short title of this article 1.2 is the "Colorado Agricultural Future Loan Program Act".

Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2471, § 1, effective June 29.

35-1.2-102. Definitions - repeal.

As used in this article 1.2, unless the context otherwise requires:

1. "Agricultural processing" means the transforming, packaging, sorting, storage, or grading of Colorado livestock, livestock products, agricultural commodities, plants, or plant products.
2. "Agriculture" has the same meaning as set forth in section 35-1-102 (1).
3. "Commissioner" means the commissioner of agriculture.
4. "Department" means the department of agriculture created in section 35-1-103.
5. "Eligible business" means a business that:
   1. Earns a majority of its revenue from agricultural processing; and
   2. In the judgment of the department:
      1. Has managers and employees who possess sufficient education, training, and experience to operate the business; and
      2. Provides an economic benefit to Colorado farmers or ranchers.
6. "Eligible farmer or rancher" means an individual who:
   1. Is at least eighteen years of age;
   2. Is a resident of Colorado;
   3. Is an owner or operator in fact of a farm or ranch; and
   4. In the judgment of the department:
      1. Possesses sufficient education, training, and experience to operate the farm or ranch; and
      2. Possesses or has access to sufficient working capital, farm machinery, livestock, or land to operate the farm or ranch.
7. "Farm-to-market infrastructure grant" means a grant of money from the fund, which money is used for agricultural processing.
8. 1. "Farm-to-market infrastructure loan" means a loan from the loan program, which loan is used for the purpose of agricultural processing.
   2. This subsection (8) is repealed, effective January 2, 2023.
9. "Financial entity" means a bank, nondeposit community development financial institution, business development corporation, or other entity with agricultural lending experience and with which the department contracts to help administer the loan program.
10. "Fund" means the Colorado agricultural future loan program cash fund created in section 35-1.2-105.
11. "Livestock" has the same meaning as set forth in section 35-1-102 (6).
12. "Loan program" means the Colorado agricultural future loan program created in section 35-1.2-103.

Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2471, § 1, effective June 29.

35-1.2-103. Colorado agricultural future loan program - created - application - criteria - awards - rules - repeal.

1. There is hereby created in the department the Colorado agricultural future loan program to provide loans as described in this section. The department shall administer the loan program. Nothing in this article 1.2 may be construed as permitting the department to engage in any direct lending activities.
2. 1. 1. Beginning on or before January 1, 2022, and until January 1, 2025, the department may distribute money from the fund to financial entities to make farm-to-market infrastructure loans from the loan program to applicants who satisfy the requirements established by rules promulgated by the commissioner pursuant to subsection (7) of this section. (2) (a) (I) Beginning on or before January 1, 2022, and until January 1, 2025, the department may distribute money from the fund to financial entities to make farm-to-market infrastructure loans from the loan program to applicants who satisfy the requirements established by rules promulgated by the commissioner pursuant to subsection (7) of this section.
      2. This subsection (2)(a) is repealed, effective January 2, 2025.
   2. Beginning on or before January 1, 2022, the department may award farm-to-market infrastructure grants directly to eligible farmers or ranchers and eligible businesses that satisfy the requirements established by rules promulgated by the commissioner pursuant to subsection (7) of this section.
3. In administering the loan program, the department, to the extent practicable, shall attempt to award or distribute:
   1. 1. A total of at least five million dollars but no more than ten million dollars in the form of farm-to-market infrastructure loans or farm-to-market infrastructure grants by June 30, 2022.
      2. This subsection (3)(a) is repealed, effective July 1, 2022.
   2. 1. A total of at least ten million dollars but no more than twenty million dollars in the form of low-interest loans to eligible farmers or ranchers and eligible businesses by December 31, 2022.
      2. This subsection (3)(b) is repealed, effective January 1, 2023.
4. When the department contracts with one or more financial entities pursuant to this section, the department shall promptly notify the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees, of such contract.
5. To receive a loan or grant, an applicant must submit an application to the department in the form established by the commissioner pursuant to subsection (7)(c)(I) of this section.
6. The department shall review applications received pursuant to this section. In awarding grants and distributing money to financial entities for awarding loans, the department shall consider any criteria established pursuant to rules promulgated by the commissioner pursuant to subsection (7) of this section.
7. Pursuant to article 4 of title 24, the commissioner shall promulgate such rules as are required in this article 1.2 and such additional rules as may be necessary to implement the loan program. At a minimum, the rules must:
   1. Require the department to accept applications from applicants at all times during the year; except that the department may be required to accept written applications only during regular office hours;
   2. On and after January 1, 2023, to the extent practicable, prioritize the provision of loans to eligible farmers or ranchers who apply for loans or grants from the loan program and who:
      1. Have owned or operated a farm or ranch for less than ten years; or
      2. Represent a population that is underserved or underrepresented in Colorado agriculture; and
   3. Specify:
      1. The form of the loan program application;
      2. The time frames for distributing loan money;
      3. Criteria for the department to use in considering applications and awarding loans;
      4. The maximum amount of a loan from the loan program;
      5. Interest rates on loans;
      6. Repayment terms of loans; and
      7. Permissible uses of money awarded as low-interest loans to eligible farmers or ranchers and eligible businesses, which uses may include:
         1. The acquisition of property and equipment;
         2. Paying costs associated with purchasing breeding livestock;
         3. Value-added improvements to real or personal property on a farm or ranch;
         4. Operating expenses;
         5. Conservation projects; and
         6. Such other uses as the commissioner may identify.

Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2473, § 1, effective June 29.

35-1.2-104. Report.

Notwithstanding section 24-1-136 (11)(a)(I), on or before December 15, 2021, and on or before December 15 each year thereafter, the department shall submit a summarized report to the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees, concerning the loan program.

Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2475, § 1, effective June 29.

35-1.2-105. Colorado agricultural future loan program cash fund - created.

1. The Colorado agricultural future loan program cash fund is hereby created in the state treasury. The fund consists of:
   1. Money credited to the fund pursuant to section 35-1.2-106;
   2. Money received as loan payments on loans issued from the loan program, including interest; and
   3. Any other money that the general assembly may appropriate or transfer to the fund.
2. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
3. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund.
4. The money in the fund is continuously appropriated to the department to expend for the purposes of this article 1.2.

Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2475, § 1, effective June 29.

35-1.2-106. Funding for loan program - repeal.

1. Within three days after June 29, 2021, the state treasurer shall transfer thirty million dollars from the general fund to the fund for the implementation and administration of the loan program.
2. 1. The department may use up to one and one-half percent of the money transferred pursuant to subsection (1) of this section to set up the loan program.
   2. This subsection (2) is repealed, effective January 1, 2022.
3. Beginning with the 2021-22 state fiscal year, the department may annually use up to one and one-half percent of the money transferred pursuant to subsection (1) of this section to pay the direct and indirect costs that the department incurs in administering the loan program; except that nothing in this subsection (3) may be construed as limiting the amount that the department may provide to a financial entity as compensation for making loans pursuant to a contract described in section 35-1.2-103 (4).

Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2475, § 1, effective June 29.

35-1.5-101. Scope of article.

1. Nothing in this article shall be construed to limit the authority of a local government to:
   1. Zone for the sale or storage of any agricultural chemical, provide or designate sites for disposal of any agricultural chemical or container, regulate the discharge of any agricultural chemical into sanitary sewer systems, adopt regulations pursuant to a storm water management program that is consistent with federal or state regulation, adopt or enforce building and fire code requirements, or to protect surface or groundwater drinking water supplies in accordance with current state or federal applicable law;
   2. Comply with any federal or state law or regulation or take any action otherwise prohibited by this article in order to comply with any federal or state requirement or avoid a fine or other penalty under federal or state law;
   3. Implement a cooperative agreement with any federal or state agency;
   4. Regulate the use of agricultural chemicals on property in which the local government has a fee simple absolute ownership interest;
   5. Issue local occupational licenses.
2. The lack of a provision in this article explicitly preempting local government regulation of any particular agricultural chemical not listed in section 35-1.5-102 (2) shall not be construed as an implicit grant of authority to a local government pursuant to this article to regulate on that subject.

Source: L. 94: Entire article added, p. 923, § 1, effective April 28.

35-1.5-102. Definitions.

As used in this article, unless the context otherwise requires:

1. "Adjuvant" means a material added to an agrichemical solution to improve performance.
2. "Agricultural chemical" means any device, plant nutrient, animal nutrient, or adjuvant and any treated, altered, or engineered plant or animal material.
3. "Animal nutrient" means any feed subject to article 60 of this title and any material for the maintenance, growth, or production of animals.
4. "Device" means a device as defined in section 35-9-103 (5).
5. "Local government" means a county, home rule county, city and county, city, home rule city, special district, or other political subdivision of the state.
6. "Plant nutrient" means:
   1. (Deleted by amendment, L. 2008, p. 1625 , § 2, effective August 5, 2008.)
   2. A plant amendment as defined in section 35-12-103 (24);
   3. A plant nutrient as defined in section 35-12-103 (25);
   4. A soil conditioner as defined in section 35-12-103 (29);
   5. Anhydrous ammonia as defined in section 35-13-102 (1) ;
   6. A commercial fertilizer as defined in section 35-12-103 (3) ;
   7. Treated or untreated manure;
   8. Water runoff from a confined animal feeding operation that is captured and then applied to a field; and
   9. A plant growth regulator.
7. "Use" means all aspects of the handling of agricultural chemicals, including, without limitation, the mixing, loading, application or administration, spill control, and disposal of an agricultural chemical or its container.

Source: L. 94: Entire article added, p. 923, § 1, effective April 28. L. 2008: (6)(a) to (6)(d) and (6)(f) amended, p. 1625, § 2, effective August 5.

35-1.5-103. Preemption.

1. No local government shall adopt or continue in effect any ordinance, rule, charter provision, or statute regarding the use of any agricultural chemical and pertaining to:
   1. The name of the product, name and address of the manufacturer, and applicable registration numbers;
   2. Directions for use, use classification (general or restricted), mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker protection standards, application and storage container specifications, storage and disposal of the agricultural chemical or container, or limitations to prevent unreasonable adverse effects such as required intervals between application and harvest of food or feed crops, rotational crop restrictions, warnings against use on certain crops, animals, objects, or in or adjacent to certain areas;
   3. Warnings and precautionary statements, hazards to humans, children, domestic animals, or the environment, physical or chemical hazards, or statements of practical treatment; or
   4. Record-keeping requirements.

Source: L. 94: Entire article added, p. 923, § 1, effective April 28.

35-2-101. Information furnished - by whom.

The commissioner of agriculture, acting under the direction of the state agricultural commission in the collection of information necessary to the performance of his or her duties as such commissioner and subject to the provisions of section 24-1-136, C.R.S., in regard to publication of such information, is authorized to call upon the several state, county, city, town, and school district officers and officers of the several state institutions of education and penal and other state institutions, and it is the duty of all such officers to furnish, upon written or printed request of the commissioner, such information as may be required for properly setting forth the resources of the state and their development, upon blanks furnished by the commissioner. Each owner, operator, or manager of any manufacturing, mining, or other business establishment operating in this state, or other person having information necessary for carrying out the purposes of this article, upon the request of the commissioner, shall furnish the same upon blanks supplied by the commission. Except as otherwise provided by law, any agricultural statistics collected by any of the several state, county, city, town, school district, or institutional officers specified in this section shall be collected in accordance with the requirements of this article.

Source: L. 19: p. 632, § 1. C.L. § 436. CSA: C. 84, § 8. CRS 53: § 6-2-1. C.R.S. 1963: § 6-2-1. L. 64: p. 123, § 23. L. 83: Entire section amended, p. 842, § 69, effective July 1. L. 2002: Entire section amended, p. 1860, § 161, effective July 1.

35-2-102. Statistical reports.

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 population, farm operations, the principal farm products, agricultural resources, and livestock of the county as may be required by the commissioner of agriculture, and it is the duty of all persons within this state having information relative to such matters to give such information to the assessor upon his request therefor. The original sheets on which such statistics are collected shall be forwarded to the commissioner of agriculture as soon as they are completed, but not later than June 1 of each year, immediately following their collection. From these original sheets there shall be compiled in the office of the state agricultural commission complete reports on all subjects covered for each county in the state. The blanks to be used by county assessors in the collection of statistics required by the state agricultural commission shall be supplied by the commission, and the form thereof shall be fixed by the commissioner of agriculture, after conference with a representative of Colorado state university and with the bureau of crop estimates of the United States department of agriculture through the official representative for Colorado. This report shall be issued subject to the provisions of section 24-1-136, C.R.S.

Source: L. 19: p. 633, § 2. C.L. § 437. CSA: C. 84, § 9. CRS 53: § 6-2-2. C.R.S. 1963: § 6-2-2. L. 64: p. 124, § 24. L. 83: Entire section amended, p. 842, § 70, effective July 1.

35-2-103. Cooperation with secretary of agriculture.

To facilitate the work of collecting agricultural and livestock statistics required by this article, the commissioner of agriculture is empowered to enter into a cooperative agreement with the secretary of agriculture of the United States, or his accredited representatives, under which the facilities and information of the bureau of crop estimates of the United States department of agriculture relating to the state of Colorado are made available for the use of the state agricultural commission, and the facilities and information of said state agricultural commission are likewise made available for the use of said bureau of crop estimates.

Source: L. 19: p. 634, § 4. C.L. § 439. CSA: C. 84, § 11. CRS 53: § 6-2-3. C.R.S. 1963: § 6-2-3.

35-2-104. Failure to give information to commission - penalty.

Any person having in his possession information necessary to carrying out the purposes of this article, who fails or refuses to furnish such information to the state agricultural commission upon proper request by the commissioner of agriculture, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars and costs of prosecution. Any county or state official who fails or refuses to collect or compile for the state agricultural commission such information as he is required by this article to collect and compile, when properly requested by the commissioner of agriculture so to do, and who is supplied with proper blanks for collecting and compiling the same, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars and costs of prosecution.

Source: L. 19: p. 634, § 6. C.L. § 441. CSA: C. 84, § 13. CRS 53: § 6-2-4. C.R.S. 1963: § 6-2-4.

35-2-105. Failure to give information to assessor - penalty.

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 do so, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars and shall pay all costs of the prosecution. All fines and penalties collected under the provisions of this article shall be paid into the school funds of the county in which such conviction is had.

Source: L. 19: p. 634, § 7. C.L. § 442. CSA: C. 84, § 14. CRS 53: § 6-2-5. C.R.S. 1963: § 6-2-5.

35-2-106. Reports confidential.

[ Editor's note: This version of this section is effective until March 1, 2022. ] 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 disclosing personal or corporate affairs. In the reports of the commissioner, no use shall be made of the names of individuals, firms, or corporations supplying the information called for in this article. Any officer or employee of the state agricultural commission disclosing such information is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars and costs of prosecution or by imprisonment in the county jail for a period of not more than one year.

35-2-106. Reports confidential.

[ Editor's note: This version of this section is effective March 1, 2022. ] 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 disclosing personal or corporate affairs. In the reports of the commissioner, no use shall be made of the names of individuals, firms, or corporations supplying the information called for in this article 2. Any officer or employee of the state agricultural commission disclosing such information commits a petty offense.

Source: L. 19: p. 635, § 8. C.L. § 443. CSA: C. 84, § 15. CRS 53: § 6-2-6. C.R.S. 1963: § 6-2-6. L. 2002: Entire section amended, p. 1860, § 162, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3276, § 615, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

35-2-107. Contracts to remain in force.

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 Colorado, by its commissioner of agriculture, and the United States, by the acting secretary of agriculture of the United States, for the establishment and maintenance of a cooperative crop and livestock reporting service.

Source: L. 35: p. 1080, § 10. CSA: C. 157, § 10. CRS 53: § 6-2-7. C.R.S. 1963: § 6-2-7.

35-2-108. Study of potential applications for blockchain technology in agricultural operations - authority of commissioner - report to general assembly - notice to revisor of statutes - repeal. (Repealed)

Source: L. 2019: Entire section added, (HB 19-1247), ch. 375, p. 3399, § 1, effective August 2.

Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2020. (See L. 2019, p. 3399 .)

35-3-101. Short title.

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.

35-3-102. Legislative declaration.

1. It is recognized and declared:
   1. 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 affected with a public interest;
   2. That the welfare of this state has been impaired and is in danger of being further impaired by destruction of its soil fertility, by uneconomic use and waste of its land, by exploitation and wasteful and unscientific use of its soil resources, by floods and impairment of its rivers as a result of soil erosion, and by the decrease in the purchasing power of the net income per person on farms in the state as compared with the net income per person in the state not on farms;
   3. That said evils have been augmented and are likely to be augmented by similar conditions in other states and are so interrelated with such conditions in other states that the remedying of such conditions in this state requires action by this state in cooperation with the governments and agencies of other states and of the United States and requires assistance therein by the government and agencies of the United States;
   4. That the formulation and effectuation by this state of state plans, in conformity with the provisions of section 7 of the "Soil Conservation and Domestic Allotment Act", is calculated to remedy said conditions and will tend to advance the public welfare of this state.
2. In order to promote the welfare of the people of this state by aiding in the preservation and improvement of soil fertility, in the promotion of the economic use and conservation of land, in the diminution of exploitation and wasteful and unscientific use of soil resources, in the protection of rivers against the results of soil erosion, and in the reestablishment, at as rapid a rate as is practicable and in the general public interest, of the ratio between the purchasing power of the net income per person on farms and that of the net income per person not on farms that prevailed during the five-year period, August 1909 to July 1914, inclusive, as determined from statistics available in the United States department of agriculture, and the maintenance of such ratio, the state of Colorado assents to and accepts the provisions of the "Soil Conservation and Domestic Allotment Act" and adopts the policy and purpose of cooperating with the government and agencies of other states and of the United States in the accomplishment of the policy and purposes specified in section 7 of said act, subject to the following limitations:
   1. The powers conferred in this article shall be used to assist voluntary action calculated to effectuate such purposes.
   2. Such powers shall not be used to discourage the production of supplies of foods and fibers in this state sufficient when taken together with the production thereof in other states of the United States to maintain normal domestic human consumption as determined by the secretary of agriculture of the United States from the records of consumption in the years 1920 to 1929, inclusive, taking into consideration increased population, quantities of any commodities that were forced into domestic consumption by a decline in exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities.
   3. In carrying out the purposes specified in this section due regard shall be given to the maintenance of a continuous and stable national supply of agricultural commodities adequate to meet consumer demand at prices fair to both producers and consumers.

Source: L. 37: p. 257, § 2. CSA: C. 5, § 62. CRS 53: § 6-3-2. C.R.S. 1963: § 6-3-2.

Cross references: For section 7 of the "Soil Conservation and Domestic Allotment Act", see 16 U.S.C. § 590g.

35-3-103. Definitions.

As used in this article, unless the context otherwise requires:

1. "Other states of the United States" includes Puerto Rico.
2. "Person" includes an individual, corporation, partnership, firm, business trust, joint stock company, association, syndicate, group, pool, joint venture, and any other unincorporated association or group.

Source: L. 37: p. 259, § 3. CSA: C. 5, § 63. CRS 53: § 6-3-3. C.R.S. 1963: § 6-3-3.

35-3-104. Designation of state agency.

1. The department of agriculture, referred to in this article as the "department", is designated and authorized as the state agency to carry out the policy and purposes of this article and to formulate and administer state plans pursuant to the terms of this article.
2. The department shall perform its duties and functions as such agency under this article separately and distinctly from the performance of its duties and functions under any other law or in any other capacity; except that the department may utilize the services and the assistance of its personnel and facilities normally used in the performance of such other functions if it finds that the utilization of such services and assistance is necessary to, or is calculated to assist substantially in, the effective administration of this article and that such facilities may be utilized without interference with the effective performance of such other duties and functions.

Source: L. 37: p. 259, § 4. CSA: C. 5, § 64. CRS 53: § 6-3-4. C.R.S. 1963: § 6-3-4.

35-3-105. Administration of state plans.

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 authorized to modify or revise any such plan in whatever manner, consistent with the terms of this article, it finds necessary to provide for more substantial furtherance of the accomplishment of the purposes of this article.
3. Each such plan shall provide for such participation in its administration, by voluntary county and community committees or associations of agricultural producers organized for such purposes, as the department determines to be necessary or proper for the effective administration of the plan.
4. Each such plan shall provide, through agreements with agricultural producers or through other voluntary methods, for such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities, as the department determines to be calculated to effectuate as substantial an accomplishment of the purposes of this article as may reasonably be achieved through action of this state, and for payments to agricultural producers in connection with such agreements or methods in such amounts as the department determines to be fair and reasonable and calculated to promote such accomplishment of the purposes of this article without depriving such producers of a voluntary and uncoerced choice of action.
5. Any such plan shall provide for such educational programs as the department determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this article.
6. Each such plan shall contain an estimate of expenditures necessary to carry out such plan, together with a statement of such amount as the department determines to be necessary to be paid by the secretary of agriculture of the United States as a grant to aid of such plan under section 7 of the "Soil Conservation and Domestic Allotment Act", in order to provide for the effective carrying out of such plan, and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the department to be necessary for carrying out such plan during such period.
7. The department shall provide for such investigations as it finds to be necessary for the formulation and administration of such plans.

Source: L. 37: p. 260, § 5. CSA: C. 5, § 65. CRS 53: § 6-3-5. C.R.S. 1963: § 6-3-5.

Cross references: For section 7 of the "Soil Conservation and Domestic Allotment Act", see 16 U.S.C. § 590g.

35-3-106. Administration of funds.

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 other provision made by this state for such purpose, shall be forthwith available to said department as the agency of the state subject, in the case of any funds or other aid received upon conditions, to the conditions upon which such funds or other aid has been received, for the purpose of administering this article and may be expended by the department in carrying out such state plans or in otherwise effectuating the purposes and policies of this article, but shall not be expended or disposed of for any other purposes, nor shall any funds made available to the department for purposes other than the administration of this article be expended or otherwise disposed of in connection with the administration of this article except in providing services and assistance in the administration of this article pursuant to the provisions of section 35-3-104 and in such case only to the extent that such funds are properly available for such purpose and subject in such cases to reimbursement of the funds so expended pursuant to the provisions of section 35-3-107.
2. Subject to any conditions upon which any such money or other aid is made available to the state and to the terms of any applicable plan made effective pursuant to this article, such expenditures may include, but need not be limited to, expenditures for administrative expenses, equipment, cost of research and investigation, cost of educational activities, compensation and expenses of members of the state advisory committee, reimbursement to other state agencies or to voluntary committees or associations of agricultural producers for costs to such agencies, committees, or associations of assistance in the administration of this article, requested in writing by the department and rendered to the department, reimbursement of any other fund from which it has made expenditures in providing services in the administration of this article pursuant to the provisions of section 35-3-104, payments to agricultural producers provided for in any plan made effective pursuant to this article, salaries of employees, and all other expenditures requisite to carrying out the provisions and purposes of this article.
3. The department shall provide for the keeping of full and accurate accounts as such state agency, separate from its accounts kept in its other capacities, showing all receipts and expenditures of moneys, securities, or other property received, held, or expended under the provisions of this article and shall provide for the auditing of all such accounts and for the execution of surety bonds for all employees entrusted with moneys or securities under the provisions of this article.

Source: L. 37: p. 262, § 6. CSA: C. 5, § 66. CRS 53: § 6-3-6. C.R.S. 1963: § 6-3-6.

35-3-107. Powers and duties of state agency.

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 administration of this article.
2. The department has authority to make such rules and regulations, consistent with the provisions of this article, and to do any and all other acts consistent with the provisions of this article, which it finds to be necessary or proper for the effective administration of this article.
3. The department has the authority to obtain, by lease or purchase, such equipment, office accommodations, facilities, services, and supplies, and to employ, pursuant to section 13 of article XII of the state constitution, such technical or legal experts or assistants and such other employees, including clerical and stenographic help, as it determines to be necessary or proper to carry out the provisions of this article, and to determine the qualifications, duties, and compensation of such experts, assistants, and other employees.
4. All other agencies of this state are authorized to assist said department in carrying out the provisions of this article, upon written request of the department, in any manner determined by the department to be necessary or appropriate for the effective administration of this article.

Source: L. 37: p. 263, § 7. CSA: C. 5, § 67. CRS 53: § 6-3-7. C.R.S. 1963: § 6-3-7.

Cross references: For rule-making procedures, see article 4 of title 24; for the state personnel system, see § 13 of article XII of the state constitution.

35-3-108. Districts and communities.

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 state.
2. The department shall also designate within each county of this state such geographic units, which shall be called communities, as it determines to be the most convenient for the administration of this article and of state plans adopted pursuant to this article, and it shall establish the boundaries of such communities.
3. The department may revise the boundaries of such agricultural districts and of such communities, in conformity with the respective standards prescribed in this article, at such times as it finds that such revision is necessary either to cause such districts or communities, or both, to conform to said standards or to provide for the more substantial or more efficient accomplishment of the purposes of this article.

Source: L. 37: p. 264, § 8. CSA: C. 5, § 68. CRS 53: § 6-3-8. C.R.S. 1963: § 6-3-8.

35-3-109. Community and county committees.

1. The department by regulations shall provide:
   1. 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 shall be entitled to equal participation; for the selection by each such association of a community committee, composed of three members of such association; and for the selection of a chairman of each such community committee;
   2. For the selection by the members of such community committees within each county of a county committee for such county, composed of three members of such community committees, and for the selection of a chairman of each such county committee.

Source: L. 37: p. 265, § 9. CSA: C. 5, § 69. CRS 53: § 6-3-9. C.R.S. 1963: § 6-3-9.

35-3-110. State advisory committee - sunset review. (Repealed)

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.

35-3-111. Reports - publications.

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 department are subject to the approval and control of the commissioner.

Source: L. 37: p. 266, § 11. CSA: C. 5, § 71. CRS 53: § 6-3-11. C.R.S. 1963: § 6-3-11. L. 64: p. 124, § 25.

35-3.5-101. Legislative declaration.

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 into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, a number of agricultural operations are forced to cease operations, and many others are discouraged from making investments in farm improvements. It is the purpose of this article to reduce the loss to the state of Colorado of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. It is further recognized that units of local government may adopt ordinances or pass resolutions that provide additional protection for agricultural operations consistent with the interests of the affected agricultural community, without diminishing the rights of any real property interests.

Source: L. 81: Entire article added, p. 1694, § 1, effective July 1. L. 96: Entire section amended, p. 675, § 1, effective May 2.

35-3.5-102. Agricultural operation deemed not nuisance - state agricultural commission - attorney fees - exceptions.

1. 1. 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.
   2. An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions:
      1. Change in ownership;
      2. Nonpermanent cessation or interruption of farming;
      3. Participation in any government sponsored agricultural program;
      4. Employment of new technology; or
      5. Change in the type of agricultural product produced.
2. 1. Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if such agricultural operation:

      (I) Was established prior to the commencement of the use of the area surrounding such agricultural operation for nonagricultural activities;

      (II) Employs methods or practices that are commonly or reasonably associated with agricultural production; and

      (III) Is not operating negligently.

   2. Employment of methods or practices that are commonly or reasonably associated with agricultural production shall create a rebuttable presumption that an agricultural operation is not operating negligently.
3. The court may, pursuant to sections 13-16-122 and 13-17-102, C.R.S., award expert fees, reasonable court costs, and reasonable attorney fees to the prevailing party in any action brought to assert that an agricultural operation is a private or public nuisance. Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening in any way the provisions of sections 25-7-138 (5), C.R.S., and 25-8-501.1 (8), C.R.S.
4. As used in this article, "agricultural operation" has the same meaning as "agriculture", as defined in section 35-1-102 (1).
5. Any ordinance or resolution of any unit of local government that makes the operation of any agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the circumstances set forth in this section is void; except that the provisions of this subsection (5) shall not apply when an agricultural operation is located within the corporate limits of any city or town on July 1, 1981, or is located on a property that the landowner voluntarily annexes to a municipality on or after July 1, 1981.
6. This section shall not invalidate any contracts made prior to September 1, 2000, but shall be applicable only to contracts and agreements made on or after September 1, 2000.
7. A local government may adopt an ordinance or pass a resolution that provides additional protection for agricultural operations; except that no such ordinance or resolution shall prevent an owner from selling his or her land or prevent or hinder the owner in seeking approval to put the land into alternative use.

Source: L. 81: Entire article added, p. 1694, § 1, effective July 1. L. 96: (5) added, p. 675, § 2, effective May 2. L. 99: (1) amended, p. 335, § 1, effective July 1. L. 2000: Entire section amended, p. 198, § 1, effective September 1.

35-3.5-103. Severability.

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 the provisions of this article are declared to be severable.

Source: L. 81: Entire article added, p. 1695, § 1, effective July 1.

ARTICLE 4 PEST CONTROL

Section

35-4.5-101 and 35-4.5-102. (Repealed)

Source: L. 2015: Entire article repealed, (SB 15-021), ch. 20, p. 50, § 1, effective August 5.

Editor's note: This article was added in 2007 and was not amended prior to its repeal in 2015. For the text of this article prior to 2015, consult the 2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

35-5-101. Definitions.

As used in this article, unless the context otherwise requires:

1. "APHIS" means the United States department of agriculture animal and plant health inspection, plant protection, and quarantine programs.

   (1.5) "Commissioner" means the commissioner of agriculture.

2. "County" includes a city and county.
3. "District" means an area as provided for in section 35-5-104.
4. "District advisory committee" means the committee appointed as provided in section 35-5-105.
5. "Insect pest", as determined by the commissioner, means any of the small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, and which, upon investigation by the commissioner, are found to be in epidemic proportions.
6. "Inspector" means a county pest inspector.
7. "Landowner" means a person who owns five or more acres of land within the boundaries of the proposed district.

   (7.1) "Lessee" means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district.

8. "Noxious weeds", as determined by the commissioner, means those weeds which are especially troublesome and detrimental and which may cause damage or loss to a considerable portion of the land or livestock of a community.
9. "Person" includes person, firm, corporation, or association.
10. "Pest", as determined by the commissioner, means a noxious, destructive, or troublesome plant, insect, or plant disease, when found to be in epidemic proportions and of sufficient economic importance to threaten the public welfare.
11. "Plant diseases", as determined by the commissioner, means injurious action caused by the continuous or intermittent damage of all plants by any causal agent and expressed through symptoms.
12. "Resident landowner" means a person who owns five or more acres of land within the boundaries of the proposed district and has his legal residence within the county where the proposed district is located or within an adjacent county.

    (12.1) "Resident lessee" means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district and having his legal residence within the county where the proposed district is located or within an adjacent county.

Source: L. 59: p. 176, § 1. CRS 53: § 6-16-1. C.R.S. 1963: § 6-5-1. L. 77: (1) and (1.5) R&RE and (7.1) and (12.1) added, p. 1577, §§ 1, 2, effective June 4.

35-5-102. Duty to control weeds.

It is the duty of all persons owning land or any interest therein in the district, the department of transportation, the boards of county commissioners, school boards, the governing authorities of incorporated towns and cities and of railroads and ditch companies, and those persons supervising state-owned lands to use reasonable means to control the noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.

Source: L. 59: p. 177, § 2. CRS 53: § 6-16-2. C.R.S. 1963: § 6-5-2. L. 83: Entire section amended, p. 1311, § 1, effective May 10. L. 91: Entire section amended, p. 1074, § 56, effective July 1.

35-5-103. Methods of control - rules and regulations.

The commissioner is empowered to designate the methods to be used for the control or eradication of the various noxious weeds, insect pests, and plant diseases and to publish such methods and make and publish such reasonable rules and regulations as are proper and necessary to carry into effect the provisions of this article. The commissioner is authorized to enter into agreements with any landowner, lessee, district, city, or town, or with federal, state, or county agencies for cooperation and for cost sharing in the control and eradication of noxious weeds, insect pests, or plant diseases located upon land that they control or administer within the district in keeping with the provisions of this article. The commissioner, with the approval of the governor, is authorized to advance funds, which may be appropriated for this purpose subject to reimbursement, to carry into effect the provisions of this article.

Source: L. 59: p. 177, § 3. CRS 53: § 6-16-3. C.R.S. 1963: § 6-5-3. L. 83: Entire section amended, p. 1311, § 2, effective May 10.

Cross references: For rule-making procedures, see article 4 of title 24; for intergovernmental relationships, see part 2 of article 1 of title 29.

35-5-104. Pest control district - procedure to establish.

1. Whenever twenty-five percent of the resident landowners and resident lessees within a contiguous territory desire to form a pest control district, as defined in this subsection (1), they may file a petition for that purpose with the board of county commissioners of the county in which the land is located. Such petition shall be addressed to the board of county commissioners of such county, and shall contain a description of the boundaries of the proposed district and a description of the land of each person signing such petition, and shall state that the said proposed district has been invaded, or is in danger of being invaded, by noxious weeds, insect pests, or plant diseases injurious to agricultural crops, trees, fruits, or pasture, and shall name the specific pests or diseases against which said petitioners desire to be protected, and shall state the termination date of the proposed district. Such petition shall be signed by each resident landowner and resident lessee joining in the petition by his proper signature, together with his address, and the date of the petition shall be the date of its filing in the office of the board of county commissioners. Any petitioner may revoke and cancel his signature to such petition at any time before said petition is filed, but not after such filing has been made.
2. Such petition shall be filed with the board of county commissioners during a regular or special session of the board, and shall be verified under oath by at least one of the persons signing it, setting forth that the said petition was signed within ninety days last preceding the making of said verification, and that all matters and things stated in said petition are true to the best of the knowledge and belief of the affiant, and that all signers have had an opportunity to read said petition.
3. After examination of the petition, if the board of county commissioners finds the petition in order and properly signed by twenty-five percent of the resident landowners and resident lessees within the proposed district, the board shall, within fifteen days after receipt of the petition, mail ballots to all landowners and lessees in the proposed district, to the addresses as shown by the records of the county assessor or state board of land commissioners, stating that said ballots are to be returned to the board's office within ten days from date of mailing. If, after a tally of the votes has been made, the board finds that sixty-six and two-thirds percent of the landowners and lessees voting have voted in favor of the district, and the landowners and lessees voting own or lease fifty percent of the land in the proposed district, the board shall declare the district established. Acreage owned by the federal government or acreage owned by the state government not subject to a lease shall not be considered in determining the percentage of land voted.
4. Such petition may, in addition to the matters set forth in this section, request the board of county commissioners to take charge of and supervise the work in connection with the control or eradication of the pests named. The board, if a pest control district is created upon the petition in accordance with this article, shall proceed during the existence of said district, through the county pest inspector, to control or destroy such pests at the times and in the manner and by the aid of such means and additional help as the commissioner and county pest inspector recommend, and the board may enter into contracts to have the necessary work done in the district where noxious weeds, insect pests, or plant diseases occur in epidemic proportion. Such contracts shall be let through competitive bidding, and the board may pay for the work and materials expended. Said contracts may be let for periods not to exceed one year and may be renewed if necessary. The board of county commissioners also may enter into contracts with landowners and lessees in which the landowners and lessees are obligated for their share of the total cost of control operations.
5. If the owner or lessee of any lands adjoining an established pest control district desires to have such lands included within the district, he may petition the board of county commissioners of the county in which the district is located and to which district annexation of his land is desired. The petition shall contain a description of the boundaries of the lands so desired to be annexed and shall be signed by the petitioner. The board shall act on said petition within ten days after the receipt thereof. If the board finds that the petition is in order, that the boundaries of the lands described in the petition are accurate, that the lands adjoin the established district, and that the petition is properly signed, it shall, by order, declare that the lands petitioned to be annexed to the district shall be included as a part of the district. Within ten days after such action upon the petition, the board shall notify the petitioner, the county assessor, the district advisory committee of the district in which such lands are to be included, and the department of agriculture of its action. Two or more owners and lessees of lands adjoining an established pest control district may join in and sign a single petition for annexation of their adjoining lands to an established district in the manner prescribed in this subsection (5).
6. The district advisory committees of two or more adjoining pest control districts may petition the board of county commissioners of the county in which such districts are located, requesting the consolidation of such districts. The board shall schedule a public hearing on the petition within ten days after the receipt thereof. The public hearing shall be held within thirty days after receipt of the petition. If, after such hearing, the board determines that through such consolidation the districts could be more economically and efficiently operated, the board shall immediately, by order, declare the dissolution of the districts to be consolidated and the establishment of the consolidated new district, and shall thereupon notify the county assessor and district advisory committees of the dissolved districts of the termination of their respective committees, and shall appoint a new five-member district advisory committee for the consolidated district.
7. When a pest control district which was established for the control and eradication of specified pests desires to extend the termination date of the district, the district advisory committee shall petition the board of county commissioners of the county in which such district is located, requesting the extension of the termination date. Upon receipt of said petition, the board of county commissioners shall set a date for a hearing on the matter and shall publish notice thereof in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the hearing. If, after notice and hearing, the board of county commissioners determines that such extension of the termination date is advisable and is needed for adequate pest control in the district, the board of county commissioners shall immediately declare the extension of the termination date and shall so inform the district advisory committee, the county assessor, and the state board of land commissioners.
8. When a pest control district which was established for the control and eradication of specified pests desires to add additional pests to be controlled within the district, the district advisory committee shall petition the board of county commissioners of the county in which such district is located, requesting that a stipulated pest or pests should be added to the pests to be controlled in the district. The board of county commissioners shall act on the petition within ten days after receipt thereof. If the board of county commissioners determines that such pests should be controlled within the district, said board shall submit the question to all landowners and lessees of the district by causing to be mailed to each landowner and lessee, to the address as shown by the records of the county assessor or state board of land commissioners, a ballot requesting his vote for or against the addition of the stipulated pests to be controlled within the district and the return of such ballot within ten days to the board. If fifty-one percent of the landowners and lessees voting in the district vote in favor of the inclusion of said pests within those to be controlled, the board shall immediately declare that the stipulated pests shall be controlled within the district and shall so inform the district advisory committee.

Source: L. 59: p. 178, § 4. CRS 53: § 6-16-4. L. 61: p. 155, §§ 1, 2. L. 63: p. 160, § 1. C.R.S. 1963: § 6-5-4. L. 75: (7) amended, p. 1340, § 1, effective May 31. L. 83: (1) and (3) to (8) amended, p. 1312, § 3, effective May 10. L. 2000: (6) amended, p. 5, § 1, effective August 2.

35-5-105. Advisory committee.

After the formation of a pest control district and before any weed or pest control program has been initiated by the county pest inspector, the board of county commissioners shall appoint an advisory committee of five or more members, who shall serve at the pleasure of the board of county commissioners. Should a vacancy occur, the board of county commissioners shall fill the vacancy by appointment within thirty days. The committee members may be resident landowners or resident lessees and, insofar as is practical, shall have a practical knowledge of weed and pest control and shall geographically represent the district.

Source: L. 59: p. 179, § 5. CRS 53: § 6-16-5. C.R.S. 1963: § 6-5-5. L. 65: p. 178, § 1. L. 83: Entire section amended, p. 1314, § 4, effective May 10.

35-5-106. Pest inspector, deputies, and employees.

The board of county commissioners of the county concerned may appoint a qualified person, subject to the approval of the commissioner and district advisory committee, as county pest inspector. It is the duty of said inspector to carry out his duties as provided in this article under the direction of the board and the commissioner. The inspector, with the approval of the board, may employ such deputies and employees as are necessary to perform his duties under this article. The salary of the inspector and of his deputies and employees shall be determined by the board.

Source: L. 59: p. 179, § 6. CRS 53: § 6-16-6. C.R.S. 1963: § 6-5-6.

Cross references: For appointment of county pest inspectors, see § 35-4-104.

35-5-107. Duties of pest inspector.

1. The inspector shall cooperate with the commissioner in locating infestations of noxious weeds, insect pests, or plant diseases; make an annual report of known infestations of noxious weeds, insect pests, or plant diseases and compile data on areas controlled, eradicated, or under treatment; submit reports thereon to the commissioner, the district advisory committee, and the board of county commissioners by December 1 of each year; consult with the commissioner and the extension service and advise upon all matters pertaining to the best and most practical methods of noxious weed, insect pest, or plant disease control and eradication; and render every possible assistance to obtain the most effective control or eradication of noxious weeds, insect pests, or plant diseases within the district.
2. The commissioner or the inspector, or their deputies, having jurisdiction, together with such assistants as they may need in the prosecution of their work, are authorized during reasonable business hours to enter upon or into any premises, lands, or places within any pest control district in this state where they may suspect that pests occur which may be determined by the commissioner to be injurious to the welfare of the community for the purpose of inspecting, controlling, or eradicating the same or otherwise carrying out the provisions of this article.

Source: L. 59: p. 179, § 7. CRS 53: § 6-16-7. C.R.S. 1963: § 6-5-7.

35-5-108. Control or eradication methods and procedures - notice - assessments - protests.

1. The county pest inspector shall give notice by radio, newspaper, or any other means of communication to the owner, lessee, agent, or occupant of any lands within a district on which noxious weeds, insect pests, or plant diseases are found, advising them of their presence and naming the noxious weed, insect pest, or plant disease, giving both common and scientific names. Such notice shall specify the best available methods of controlling or eradicating such noxious weeds, insect pests, or plant diseases and shall require that such methods be used for control or eradication thereof. Failure to receive such notice shall not constitute a defense to the assessment of a lien against the property, as provided in this section, for the expense for the control or eradication of such pests.
2. In case any such landowner, lessee, agent, or occupant refuses to comply with the requirements of the county pest inspector for the control or eradication of such noxious weeds, insect pests, or plant diseases, or causes the same to be done, it is the duty of the inspector to provide access to sprayers or other equipment needed and to enter upon such lands with the approval of the board of county commissioners and, as provided in this article, to effect the control or eradication of such noxious weeds, insect pests, or plant diseases.
3. Upon completion of the work, the board of county commissioners shall notify or cause to be notified said landowner, by certified mail, at the address shown on the records of the county assessor, or by one publication in a newspaper having general circulation within the county, as to the amount due, furnishing an itemized statement of the expense of the treatment of such noxious weeds, insect pests, or plant diseases (the amount paid the inspector shall not be included), and stating that, if the amount of said statement is not paid to the county treasurer of the county wherein the real estate is located within thirty days from the date of said notice, the amount thereof will be assessed as a lien upon said real estate, but no lien shall be in excess of the valuation for assessment of said real estate.
4. If any landowner within the district is dissatisfied with the itemized statement of expense, he may, within thirty days from the mailing or publication of the account showing such charge, file a written protest with the board of county commissioners. Not later than ten days after the filing of such protest, the board of county commissioners shall fix a time and place for hearing on the protest filed, to be held not less than ten days nor more than thirty days from the date of notice of the hearing, and immediately after such hearing the board of county commissioners shall make written findings and such changes in the assessment as may be determined to conform with such findings.
5. A copy of said final statement of expenses shall be filed with the county assessor. If the amount of the statement is not paid within thirty days of said notice or if a protest is filed, within thirty days after the findings or determination of such protest, the county assessor shall extend the amount upon the assessment rolls, and said assessment shall thereon become a part of the general taxes and constitute a lien against the entire contiguous tract owned by such person of which the portion so treated is all or a part. The assessment shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax; but not more than five percent of the total valuation for assessment of the entire contiguous tract of land of which the portion so treated is all or a part shall be spread on the tax rolls against said land in any one year. Any amount in excess of the five percent limitation and remaining unpaid may be carried over and charged on the tax roll of the succeeding years, and any unpaid balance so carried over shall bear interest at the rate of six percent per annum until paid. All of the provisions of the general laws for the enforcement of the collection of taxes shall be applicable thereto after the extension by the county assessor. Such assessments may be paid in full at any time before general taxes become due and payable.
6. 1. Upon completion of the work, the board of county commissioners shall notify or cause to be notified said lessee, by certified mail, at the address shown on the records of the state board of land commissioners, or by one publication in a newspaper having general circulation within the county, of the amount due, furnishing an itemized statement of the expense of the treatment of such noxious weeds, insect pests, or plant diseases (the amount paid the inspector shall not be included), and stating that, if the amount of said statement is not paid to the county treasurer of the county wherein the leased property is located within thirty days from the date of said notice, the amount thereof will be assessed as a lien upon any improvements located upon the leased property and owned by the lessee. The county shall institute civil proceedings in a court of competent jurisdiction to recover the amount of the assessment. In the event the value of said improvements is less than the amount of the assessment, the county may recover the difference by execution on such personal property of the lessee that is not exempt, as provided by law.
   2. If any lessee within the district is dissatisfied with the itemized statement of expense, he may file a written protest with the board of county commissioners as provided by subsection (4) of this section.
   3. A copy of the final statement of expense shall be filed with the county assessor. If the amount of the statement is not paid within thirty days of said notice or if a protest is filed, within thirty days after the findings or determination of such protest, the county assessor shall extend the amount upon the assessment rolls, and said assessment shall thereon become a part of the general taxes and constitute a lien against any improvements located upon the tract and owned by the lessee. If a judgment in favor of the county is not satisfied as the result of execution on the property, the county shall seek to satisfy the judgment by levying upon any personal property held by the lessee which is not exempt, as provided by law.

Source: L. 59: p. 180, § 8. CRS 53: § 6-16-8. C.R.S. 1963: § 6-5-8. L. 83: (1) and (2) amended and (6) added, p. 1314, § 5, effective May 10.

Cross references: For collection of ad valorem taxes, see article 10 of title 39.

35-5-109. Owner or lessee refuses action.

When noxious weeds, insect pests, or plant diseases are found on a property not listed on the tax rolls of the county and the owner or lessee of the property refuses or fails to take the necessary action to control or eradicate such noxious weeds, insect pests, or plant diseases, after notice as prescribed in section 35-5-108, the county pest inspector shall treat the same as though listed on the tax rolls, and the expense thereof may be recovered by the county in an action therefor in any court of competent jurisdiction. The control or eradication of noxious weeds, insect pests, or plant diseases on county property may be contracted for by the inspector, with the approval of the board of county commissioners, at county expense.

Source: L. 59: p. 182, § 9. CRS 53: § 6-16-9. C.R.S. 1963: § 6-5-9. L. 83: Entire section amended, p. 1315, § 6, effective May 10.

35-5-110. Public nuisance - abatement.

Any noxious weeds, insect pests, or plant diseases with respect to which a control district has been proclaimed, and any and all stages thereof, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith within such area are declared to be a public nuisance, subject to all laws and remedies relating to the prevention and abatement of nuisances. The inspector, under the supervision and direction of the commissioner and with the approval of the board of county commissioners, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such nuisance as in his discretion seems necessary. The remedies of this section shall be cumulative with all other remedies provided in this article.

Source: L. 59: p. 182, § 10. CRS 53: § 6-16-10. C.R.S. 1963: § 6-5-10.

35-5-111. Reports of acreage infested - county tax levy - fund - allocation.

1. The commissioner is directed, and it is his duty, to ascertain each year, from reports of the inspectors and other sources, the approximate amount of land and highways infested with the most troublesome noxious weeds, insect pests, or plant diseases, and their location, and transmit such information tabulated by counties, not later than July 1 of each year, to the board of county commissioners of each county affected by such infestation. On the basis of such information, the board of county commissioners of each county may make a tax levy each year on real property for the purpose of paying the cost of noxious weed, insect pest, or plant disease control or eradication in a district of the county as provided by this section, but such levy shall not exceed two mills in any one year.
2. Moneys collected from such levy shall be set apart as a pest control fund, and moneys derived from a particular district shall be used only in that district, and moneys derived on a countywide basis shall be used for the whole county. Vouchers shall be drawn against said fund by the board for items of expense incident to the control or eradication of noxious weeds, insect pests, or plant diseases in the county or in any such district. Such expenditures and accounts shall be audited annually.

Source: L. 59: p. 182, § 11. CRS 53: § 6-16-11. L. 61: p. 158, § 1. L. 63: p. 160, § 2. C.R.S. 1963: § 6-5-11. L. 65: p. 178, § 2.

Cross references: For limitations on increasing levies of political subdivisions, see part 3 of article 1 of title 29.

35-5-112. Pest control district on public lands - notice - charges.

1. When an area designated as a pest control district by the board of county commissioners of any county contains public lands, it is the duty of the commissioner to notify the proper state departments which control or supervise the public lands within the area so designated that such a district has been formed. It is the duty of any such department so notified to control or eradicate all noxious weeds, insect pests, or plant diseases on any lands under its jurisdiction, and included within the boundaries of the district and for which the district was organized, using the methods prescribed by the commissioner.
2. In case such department fails to so control or eradicate such pests, it is the duty of the inspector in the county where the infestation is located to enter upon such lands and undertake the control or eradication of such noxious weeds, insect pests, or plant diseases, or cause the same to be done, the expense thereof to be a proper charge against the department which has jurisdiction over the lands. If not paid, such charge may be recovered in an action therefor by the county in any court of competent jurisdiction; except that it is permissible for any such state department which controls or supervises lands in the designated pest control district to enter into a contract with the board of county commissioners of the county wherein the land is situated to authorize the county pest inspector to undertake the control or eradication of all noxious weeds, insect pests, or plant diseases, as provided in this article, on state-controlled land in the district on terms and conditions satisfactory to both parties.
3. In the case of lands controlled by the state board of land commissioners, which land is included within a district and leased to a lessee, the costs incurred in controlling or eradicating noxious weeds, insect pests, or plant diseases, which would be chargeable to the owner of the land if privately owned, shall be paid by the lessee.
4. All park land in the state, except that owned by the United States, shall be excluded from charges provided for in this article, and the board of county commissioners of the county in which any such park is located shall be billed for any and all assessments on such park lands.

Source: L. 59: p. 183, § 12. CRS 53: § 6-16-12. C.R.S. 1963: § 6-5-12. L. 83: (1), (2), and (3) amended, p. 1316, § 7, effective May 10.

35-5-113. Deputy or agent may exercise power.

Whenever any power or authority is given by any provisions of this article to any person, it may be exercised by any deputy or agent duly authorized by him.

Source: L. 59: p. 183, § 13. CRS 53: § 6-16-13. C.R.S. 1963: § 6-5-13.

35-5-114. Liberal construction.

This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and for the security of public and private property, shall be liberally construed to effect the purpose of this article.

Source: L. 59: p. 184, § 14. CRS 53: § 6-16-14. C.R.S. 1963: § 6-5-14.

35-5-115. Dissolution of district.

The district may be dissolved by the same procedure as the district was created on petition of twenty-five percent of the resident landowners of the district upon a vote of sixty-six and two-thirds percent of those owning the land in the district under similar procedure to that of organizing the district, if a program is not in effect. On and after July 1, 1990, a district may also be dissolved when such question is presented to the resident landowners by the board of county commissioners and more than fifty percent of said landowners voting on the issue vote to dissolve the district; except that no vote is required when two or more districts are being consolidated pursuant to section 35-5-104 (6).

Source: L. 59: p. 184, § 15. CRS 53: § 6-16-15. C.R.S. 1963: § 6-5-15. L. 90: Entire section amended, p. 1557, § 2, effective July 1. L. 2000: Entire section amended, p. 5, § 2, effective August 2.

35-5-116. Major grasshopper and range caterpillar infestations.

Authority is hereby granted the governor of the state of Colorado to declare a major grasshopper or range caterpillar infestation and to declare an emergency resulting from said major infestation. Upon said declaration, funds from the governor's agricultural emergency and disaster fund shall be made available for grasshopper or range caterpillar control.

Source: L. 75: Entire section added, p. 1342, § 1, effective May 30. L. 77: Entire section amended, p. 1577, § 3, effective June 4.

35-5-117. Emergency measures.

1. When the governor determines and declares an emergency resulting from a major grasshopper or range caterpillar infestation, he shall specify the area or areas of the major infestation. Within such area or areas, he is authorized to direct that such emergency measures be taken as he deems necessary to alleviate conditions which gravely jeopardize property and resources.
2. In directing that emergency measures be taken, the governor is hereby authorized to:
   1. Utilize equipment, supplies, facilities, personnel, and other like available resources belonging to the state of Colorado in possession of any state agency;
   2. Enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies;
   3. Accept assistance, services, and facilities tendered by federal and local governmental units or private agencies;
   4. Accept on behalf of the state the provisions and benefits of acts of congress designated to provide for assisting states.

Source: L. 75: Entire section added, p. 1342, § 1, effective May 30. L. 77: (1) amended, p. 1578, § 4, effective June 4.

35-5-118. Right of entry.

All persons authorized to carry out emergency measures directed under the provisions of this article shall have free access to all public and private lands, premises, and buildings within the areas specified and are authorized to enter thereon and to perform such work and take such measures as directed without the consent of the owners thereof if the entry is reasonably necessary to actually alleviate or prevent the disaster.

Source: L. 75: Entire section added, p. 1343, § 1, effective May 30.

35-5-119. Procedure for establishing grasshopper and range caterpillar control districts. (Repealed)

Source: L. 75: Entire section added, p. 1343, § 1, effective May 30. L. 77: (1), (3), and (5) amended, p. 1578, § 5, effective June 4. L. 83: Entire section repealed, p. 1317, § 10, effective May 10.

35-5-120. Grasshopper and range caterpillar control.

1. The board of county commissioners of each county in which the governor has declared an emergency resulting from a major grasshopper or range caterpillar infestation is hereby authorized and directed to establish a system of priorities for any operation involving the control of grasshoppers or range caterpillars in infested areas. Such board of county commissioners shall certify to the commissioner any area within a county which has established a grasshopper or range caterpillar control district in areas infested with grasshoppers or range caterpillars and in which sixty-six and two-thirds percent of the landowners and lessees have agreed to pay a proportionate share of the cost per acre for grasshopper or range caterpillar control, as determined by the commissioner, as a contribution to pay the cost of controlling the grasshoppers or range caterpillars which are infesting said area.
2. Upon receipt by the commissioner of a certification of such an area, and upon deposit with the commissioner of the landowner's and lessee's projected share of the cost of control for grasshoppers or range caterpillars, the commissioner shall immediately direct operations to commence to control the grasshoppers or range caterpillars in such area.
3. In attempting to control grasshoppers or range caterpillars in established control districts, the commissioner shall not be required to conduct control operations on other than range acreage.
4. If the commissioner, with approval of the district advisory committee as established in section 35-5-105, determines at any time that control operations would not significantly reduce the grasshopper or range caterpillar populations in the established control districts, he may order that said operations be suspended or terminated.

Source: L. 75: Entire section added, p. 1344, § 1, effective May 30. L. 77: Entire section amended, p. 1579, § 6, effective June 4. L. 83: (2) amended, p. 1316, § 8, effective May 10.

35-5-121. Immunity.

Neither the state or its agencies, officers, or employees nor the officers, agents, employees, or representatives of any governmental or private concern shall be liable for any claim based upon the exercise or performance or the failure to exercise or perform a function prescribed under the provisions of sections 35-5-116 to 35-5-121.

Source: L. 75: Entire section added, p. 1344, § 1, effective May 30.

35-5-122. Costs of control operations.

1. The costs of grasshopper or range caterpillar control operations shall be borne as follows:
   1. Landowners and lessees in grasshopper or range caterpillar control districts shall assume one-third of the cost in those instances where the commissioner enters into an arrangement with APHIS whereby APHIS agrees to pay one-third of such costs.
   2. Landowners and lessees in grasshopper or range caterpillar control districts shall assume two-thirds of the costs in those instances where the commissioner is unable to enter into a cost-sharing arrangement with APHIS.
   3. One-third of the costs shall be paid from the governor's agricultural emergency and disaster fund.
   4. The money deposited by the landowners and lessees to control grasshoppers or range caterpillars shall be available to the commissioner to administer the control of such infestations.

Source: L. 77: Entire section added, p. 1579, § 7, effective June 4. L. 83: (1)(d) added, p. 1316, § 9, effective May 10.

35-5-123. Rules and regulations.

1. The commissioner is authorized, after opportunity for hearing and in accordance with article 4 of title 24, C.R.S., to promulgate appropriate rules and regulations concerning:
   1. Payment of costs by landowners and lessees, APHIS, and the governor's agricultural emergency and disaster fund;
   2. Procedures for awarding contracts for grasshopper and range caterpillar control operations, which procedures shall follow as nearly as practicable the procedures for awarding contracts of the department of personnel, the terms and conditions of such contracts, bonding requirements, and qualifications of those contracting to do the control work;
   3. Methods and materials of control to be used in grasshopper and range caterpillar control operations;
   4. Protection of the environment, businesses, and industries located in grasshopper and range caterpillar control districts.
2. The commissioner is further empowered to make and publish such reasonable rules and regulations as are proper and necessary to put into effect the provisions of this article.

Source: L. 77: Entire section added, p. 1580, § 7, effective June 4. L. 95: (1)(b) amended, p. 666, § 104, effective July 1.

35-5-124. No weed districts. (Repealed)

Source: L. 90: Entire section added, p. 1557, § 3, effective July 1. L. 2003: Entire section repealed, p. 847, § 2, effective April 7.

35-5-125. Cooperation between districts.

1. When pests may be more economically, completely, or satisfactorily managed, two or more boards of county commissioners may contract with one another to manage and control pests, including, but not limited to, sharing costs and employees. A board of county commissioners shall not contract to share resources, including costs or employees, with another such board unless both boards and both district advisory committees of such boards authorize such sharing.
2. A contract created pursuant to subsection (1) of this section shall be in writing and contain the purposes, rights, powers, responsibilities, and financial obligations of each contracting county.
3. If other law has requirements applicable to special types of intergovernmental contracts or cooperative agreements, such law shall control.

Source: L. 2003: Entire section added, p. 847, § 1, effective April 7.

35-5.5-101. Short title.

This article shall be known and may be cited as the "Colorado Noxious Weed Act".

Source: L. 90: Entire article added, p. 1549, § 1, effective July 1. L. 96: Entire section amended, p. 763, § 3, effective May 23.

35-5.5-102. Legislative declaration - rule of construction.

1. In enacting this article the general assembly finds and declares that there is a need to ensure that all the lands of the state of Colorado, whether in private or public ownership, are protected by and subject to the jurisdiction of a local government empowered to manage undesirable plants as designated by the state of Colorado and the local governing body. In making such determination the general assembly hereby finds and declares that certain undesirable plants constitute a present threat to the continued economic and environmental value of the lands of the state and if present in any area of the state must be managed. It is the intent of the general assembly that the advisory commissions appointed by counties and municipalities under this article, in developing undesirable plant management plans, consider the elements of integrated management as defined in this article, as well as all appropriate and available control and management methods, seeking those methods which are least environmentally damaging and which are practical and economically reasonable.

   (1.5) The general assembly hereby finds and declares that:

   1. Noxious weeds have become a threat to the natural resources of Colorado, as thousands of acres of crop, rangeland, and habitat for wildlife and native plant communities are being destroyed by noxious weeds each year;
   2. An organized and coordinated effort must be made to stop the spread of noxious weeds and that such an effort can best be facilitated by a state coordinator who will assist in building local coalitions and coordinate the efforts of state, federal, local, and private landowners in developing plans for the control of noxious weeds without unnecessarily disrupting the development of such lands;
   3. The designation and classification of noxious weeds into categories for immediate eradication, containment, and suppression will further assist the state in coordinating efforts to stop the spread of noxious weeds;
   4. Because the spread of noxious weeds can largely be attributed to the movement of seed and plant parts on motor vehicles, and because noxious weeds are becoming an increasing maintenance problem on highway right-of-ways in this state, additional resources are needed to fight the spread of noxious weeds; and
   5. The use of moneys in the noxious weed management fund to assist local governing bodies and affected landowners in the eradication, containment, or suppression of noxious weeds best serves the citizens of Colorado.
2. This article is in addition to article 5 of this title and is intended to be an expansion of, not a substitution for, the provisions of said article 5.

Source: L. 90: Entire article added, p. 1549, § 1, effective July 1. L. 96: (1.5) added, p. 764, § 4, effective May 23. L. 2003: (1.5) amended, p. 2415, § 1, effective August 6.

35-5.5-103. Definitions.

As used in this article, unless the context otherwise requires:

1. (Deleted by amendment, L. 96, p. 764 , § 5, effective May 23, 1996.)
2. "Alien plant" means a plant species that is not indigenous to the state of Colorado.
3. (Deleted by amendment, L. 96, p. 764 , § 5, effective May 23, 1996.)
4. "Commissioner" means the commissioner of the department of agriculture or his or her designee.

   (4.5) "Department" means the department of agriculture.

5. "District" means a local governing body's geographic description of a land area where noxious weeds are to be managed.
6. (Deleted by amendment, L. 96, p. 764 , § 5, effective May 23, 1996.)
7. "Federal agency" means each agency, bureau, or department of the federal government responsible for administering or managing federal land.
8. "Federal land manager" means the federal agency having jurisdiction over any federal lands affected by the provisions of this article.
9. "Integrated management" means the planning and implementation of a coordinated program utilizing a variety of methods for managing noxious weeds, the purpose of which is to achieve specified management objectives and promote desirable plant communities. Such methods may include but are not limited to education, preventive measures, good stewardship, and the following techniques:
   1. "Biological management", which means the use of an organism to disrupt the growth of noxious weeds.
   2. "Chemical management", which means the use of herbicides or plant growth regulators to disrupt the growth of noxious weeds.
   3. "Cultural management", which means methodologies or management practices that favor the growth of desirable plants over noxious weeds, including maintaining an optimum fertility and plant moisture status in an area, planting at optimum density and spatial arrangement in an area, and planting species most suited to an area.
   4. "Mechanical management", which means methodologies or management practices that physically disrupt plant growth, including tilling, mowing, burning, flooding, mulching, hand-pulling, hoeing, and grazing.
10. "Landowner" means any owner of record of federal, tribal, state, county, municipal, or private land.

    (10.5) "Local advisory board" means those individuals appointed by the local governing body to advise on matters of noxious weed management.

11. "Local governing body" means the board of county commissioners of a county, the city council of a city and county or statutory or home rule city, the board of trustees of a statutory town or home rule town, or the board of selectmen or city council of a territorial charter municipality, as the context so requires.

    (11.4) "Local noxious weed" means any plant of local importance that has been declared a noxious weed by the local governing body.

    (11.6) "Management" means any activity that prevents a plant from establishing, reproducing, or dispersing itself.

    (11.7) "Management objective" means the specific, desired result of integrated management efforts and includes:

    1. "Eradication" which means reducing the reproductive success of a noxious weed species or specified noxious weed population in largely uninfested regions to zero and permanently eliminating the species or population within a specified period of time. Once all specified weed populations are eliminated or prevented from reproducing, intensive efforts continue until the existing seed bank is exhausted.
    2. "Containment" which means maintaining an intensively managed buffer zone that separates infested regions, where suppression activities prevail, from largely uninfested regions, where eradication activities prevail.
    3. "Suppression" which means reducing the vigor of noxious weed populations within an infested region, decreasing the propensity of noxious weed species to spread to surrounding lands, and mitigating the negative effects of noxious weed populations on infested lands. Suppression efforts may employ a wide variety of integrated management techniques.
    4. "Restoration" which means the removal of noxious weed species and reestablishment of desirable plant communities on lands of significant environmental or agricultural value in order to help restore or maintain said value.
12. "Management plan" means the noxious weed management plan developed by any person or the local advisory board using integrated management.
13. (Deleted by amendment, L. 96, p. 764 , § 5, effective May 23, 1996.)
14. "Municipality" has the meaning set forth in section 31-1-101 (6), C.R.S.
15. "Native plant" means a plant species that is indigenous to the state of Colorado.
16. "Noxious weed" means an alien plant or parts of an alien plant that have been designated by rule as being noxious or has been declared a noxious weed by a local advisory board, and meets one or more of the following criteria:
    1. Aggressively invades or is detrimental to economic crops or native plant communities;
    2. Is poisonous to livestock;
    3. Is a carrier of detrimental insects, diseases, or parasites;
    4. The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems.

    (16.2) "Noxious weed management" means the planning and implementation of an integrated program to manage noxious weed species.

17. "Person" or "occupant" means an individual, partnership, corporation, association, or federal, state, or local government or agency thereof owning, occupying, or controlling any land, easement, or right-of-way, including any city, county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, borrow pit, gas and oil pipeline, high voltage electrical transmission line, or right-of-way for a canal or lateral.
18. "Plant growth regulator" means a substance used for controlling or modifying plant growth processes without appreciable phytotoxic effect at the dosage applied.

    (18.5) "State noxious weed" means any noxious weed identified by the commissioner by rule after notifying and consulting with the state noxious weed advisory committee created in section 35-5.5-108.7.

    (18.6) "State weed coordinator" means the state weed coordinator under contract with or appointed by the commissioner pursuant to section 35-5.5-117.

20. (Deleted by amendment, L. 96, p. 764 , § 5, effective May 23, 1996.)
21. "Weed" means any undesirable plant.

Source: L. 90: Entire article added, p. 1550, § 1, effective July 1. L. 96: Entire section amended, p. 764, § 5, effective May 23. L. 2003: (4), IP(9), (10), and (18.5) amended and (11.7) added, p. 2416, § 2, effective August 6.

35-5.5-104. Duty to manage noxious weeds.

It is the duty of all persons to use integrated methods to manage noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.

Source: L. 90: Entire article added, p. 1551, § 1, effective July 1. L. 96: Entire section amended, p. 767, § 6, effective May 23.

35-5.5-104.5. Intentional introduction, cultivation, or sale of noxious weeds - costs.

1. 1. It shall be unlawful to intentionally introduce, cultivate, sell, offer for sale, or knowingly allow to grow in violation of this article or any rule promulgated hereunder in this state any noxious weed designated pursuant to section 35-5.5-108 (2)(a); except that this prohibition shall not apply to:
      1. Research sanctioned by a state or federal agency or an accredited university or college;
      2. Activities specifically permitted by the commissioner;
      3. Noxious weed management plans that are part of an approved reclamation plan pursuant to section 34-32-116 (7) or 34-32.5-116 (4), C.R.S.;
      4. Noxious weed management activities that are conducted on disturbed lands as part of an approved reclamation plan pursuant to section 34-33-111 (1), C.R.S.; or
      5. Noxious weed management activities that are part of activities conducted on disturbed lands pursuant to section 34-60-106 (12), C.R.S.
   2. It shall not be a violation of this section for a person to knowingly allow to grow a state noxious weed that is being properly managed in accordance with the rules promulgated by the commissioner.
2. Any entity or person that violates the provisions of this section shall be responsible for the costs associated with remediation of the noxious weeds. In assessing the cost of remediation, the commissioner may include both actual immediate and estimated future costs to achieve specified management objectives.

Source: L. 2003: Entire section added, p. 2417, § 3, effective August 6.

35-5.5-105. Noxious weed management - powers of county commissioners.

1. The board of county commissioners of each county in the state shall adopt a noxious weed management plan for all of the unincorporated lands within the county. Such plan shall include all of the requirements and duties imposed by this article. Guidelines may be included that address no pesticide noxious weed management plans. In addition to and not in limitation of the powers delegated to boards of county commissioners in section 30-11-107 and article 15 of title 30, C.R.S., article 5 of this title, and elsewhere as provided by law, the board of county commissioners may adopt and provide for the enforcement of such ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce said plan and otherwise provide for the management of noxious weeds within the county, subject to the following limitation: No county ordinance, rule, resolution, other regulation, or exercise of power pursuant to this article shall apply within the corporate limits of any incorporated municipality, nor to any municipal service, function, facility, or property, whether owned by or leased to the incorporated municipality outside the municipal boundaries unless the county and municipality agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.
2. 1. The board of county commissioners shall provide for the administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation. Costs associated with the administration of the noxious weed management plan shall be paid from the noxious weed management fund of each county.
   2. Subject to the direction of the board of county commissioners, an agent of the county appointed or employed under this subsection (2) may exercise the powers and duties granted to, and perform the duties of, a county pest inspector in accordance with articles 4 and 5 of this title.
3. The board of county commissioners may cooperate with other counties and municipalities for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.

Source: L. 90: Entire article added, p. 1551, § 1, effective July 1. L. 96: (1) and (2) amended, p. 767, § 7, effective May 23. L. 2013: (2) amended, (HB 13-1250), ch. 240, p. 1168, § 4, effective August 7.

35-5.5-106. Noxious weed management - municipal authority.

1. The governing body of each municipality in the state shall adopt a noxious weed management plan for all lands within the territorial limits of the municipality. In addition to and independent of the powers elsewhere delegated by law, the governing body of a municipality may adopt and provide for the enforcement of such ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce said plan and otherwise provide for the management of noxious weeds within the municipality, subject to the following limitation: No municipal ordinance, resolution, rule, other regulation, or exercise of power pursuant to this article shall apply to unincorporated lands or facilities outside the corporate limits of the municipality, except such lands or facilities which are owned by or leased to the municipality, unless the municipality and the county otherwise agree pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.
2. The governing body of the municipality shall provide for the administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the noxious weed management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation.
3. The governing body may cooperate with counties and other municipalities for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.
4. To the degree that a municipality has, upon enactment of this article, or subsequent to that date, adopted an ordinance or ordinances for the management of noxious weeds, the adoption of such an ordinance or ordinances shall be deemed to satisfy the requirement for the adoption of a noxious weed management plan imposed by this article.

Source: L. 90: Entire article added, p. 1552, § 1, effective July 1. L. 96: (1), (2), and (4) amended, p. 768, § 8, effective May 23.

35-5.5-107. Local advisory board - formation - duties.

1. The governing body of each county and municipality shall appoint a local advisory board. The local governing body, at its sole option, may appoint itself, or a commission of landowners, to act as the local advisory board for that jurisdiction. The members of each local advisory board shall be residents of the unincorporated portion of the county or residents of the municipality, as the case may be, and in the case of a county, at least a majority of the members of the local advisory board shall be landowners of over forty acres.
2. In the event a county or municipality elects to cooperate with another county or municipality for any of the purposes set forth in this article, the membership of the local advisory board shall be determined by the governing bodies of such cooperating local governments.
3. Each local advisory board shall annually elect a chairman and secretary. A majority of the members of the board shall constitute a quorum for the conduct of business.
4. Local advisory boards shall have the power and duty to:
   1. Develop a recommended management plan for the integrated management of designated noxious weeds and recommended management criteria for noxious weeds within the area governed by the local government or governments appointing the local advisory board. The management plan shall be reviewed at regular intervals but not less often than once every three years by the local advisory board. The management plan and any amendments made thereto shall be transmitted to the local governing body for approval, modification, or rejection.
   2. Declare noxious weeds and any state noxious weeds designated by rule to be subject to integrated management;
   3. Recommend to the local governing body that identified landowners be required to submit an individual integrated management plan to manage noxious weeds on their property.
5. The local governing body shall have the sole and final authority to approve, modify, or reject the management plan, management criteria, management practice, and any other decision or recommendation of the local advisory board.
6. The state weed coordinator shall review any recommendations of a local advisory board appointed pursuant to article 5 of this title and note any inconsistencies between the recommendations of the state weed coordinator or the commissioner and any such local advisory board.

Source: L. 90: Entire article added, p. 1552, § 1, effective July 1. L. 96: Entire section amended, p. 768, § 9, effective May 23.

35-5.5-108. Designated noxious weeds - rules - legislative declaration.

1. The general assembly hereby finds and declares that the noxious weeds designated by rule are a present threat to the economic and environmental value of the lands of the state of Colorado and declare it to be a matter of statewide importance that the governing bodies of counties and municipalities include plans to manage such weeds as part of their duties pursuant to this article.
2. 1. The state list of plant species that are designated as noxious weeds shall be designated by rule and shall be managed under the provisions of this article. On and after August 6, 2003, the commissioner shall classify noxious weeds into one of a minimum of three categories, including:
      1. "List A", which means rare noxious weed species that are subject to eradication wherever detected statewide in order to protect neighboring lands and the state as a whole;
      2. "List B", which means noxious weed species with discrete statewide distributions that are subject to eradication, containment, or suppression in portions of the state designated by the commissioner in order to stop the continued spread of these species;
      3. "List C", which means widespread and well-established noxious weed species for which control is recommended but not required by the state, although local governing bodies may require management.
   2. A local governing body may adopt eradication, containment, or suppression standards that are more stringent than the standards adopted by the commissioner.

   (2.1) The commissioner shall review and revise, as necessary, the state noxious weed list at least once every three years.

   (2.3) The commissioner shall develop and implement by rule state noxious weed management plans for noxious weed species classified as list A or list B species. For each noxious weed species, each management plan shall designate the management objectives for all lands of the state appropriate to achieve the stated purpose of the species classification.

   (2.5) The commissioner shall prescribe integrated management techniques to achieve specified management objectives for each listed species after consulting with the state noxious weed advisory committee. The prescribed management techniques shall be mandatory techniques for list A species and populations of list B species designated for eradication. The commissioner shall develop management techniques pursuant to science-based methodologies, peer reviewed studies, or any other method that is based on credible research.

   (2.6) The classifications made pursuant to paragraph (a) of subsection (2) of this section shall primarily reflect the known distribution of the designated species, the feasibility of current control technologies to achieve specified management objectives, and the costs of carrying out the prescribed state weed management plan.

   1. (2.7) (a) The commissioner shall also adopt rules for granting compliance waivers to local governing bodies and landowners; except that a waiver may not be granted to the affected landowner when a landowner has wilfully or wantonly violated the provisions of this section or section 35-5.5-104.5 or 35-5.5-108.5 attempts to delay eradication of a species without just cause.
   2. Such rules shall include:
      1. A process by which a local governing body or an affected landowner may petition the commissioner to change the management objectives specified in a state noxious weed management plan;
      2. The criteria used to evaluate such petitions; and
      3. Time frames in which the commissioner shall grant or deny such petitions.
   3. Actions sufficient to implement the management objective for a noxious weed species shall continue until the commissioner grants a waiver pursuant to this subsection (2.7).
3. The board of county commissioners or governing body of a municipality may declare additional noxious weeds, within its jurisdictional boundaries, after a public hearing with thirty days prior notice to the public. Any declaration of additional noxious weeds pursuant to this subsection (3) shall include the management objectives for all affected landowners.

Source: L. 90: Entire article added, p. 1553, § 1, effective July 1. L. 96: Entire section amended, p. 769, § 10, effective May 23. L. 2003: (2) and (3) amended and (2.1), (2.3), (2.5), (2.6), and (2.7) added, p. 2423, § 4, effective August 6.

35-5.5-108.5. Responsibilities related to eradication of designated noxious weeds - commissioner - local governing bodies - affected landowners.

1. This section shall apply to noxious weeds that have been classified as list A species and to populations of list B species designated for eradication pursuant to section 35-5.5-108 (2)(a). This section shall govern the responsibilities of the commissioner, local governing bodies, and affected landowners.
2. Duties of commissioner.
   1. The commissioner may enforce the provisions of this section as necessary to ensure the cooperation of local governing bodies and affected landowners.
   2. The commissioner shall provide:
      1. Educational resources to local governing bodies and affected landowners regarding the eradication of list A species and populations of list B species designated for eradication. Such education shall include an explanation of why the species has been listed for eradication, the prescribed techniques for eradication in the most cost-effective manner, and the duties of the local governing body and affected landowner regarding such eradication.
      2. Financial or in-kind resources to local governing bodies or affected landowners to eradicate list A species and populations of list B species designated for eradication from the available moneys in the noxious weed management fund created in section 35-5.5-116. Such financial or in-kind resource allocation shall be determined by the commissioner according to the identified benefits to the citizens of Colorado, the surrounding community, and the affected landowners.
      3. The inventory and mapping infrastructure necessary to facilitate the classification of state noxious weeds and the development and implementation of state noxious weed management plans.
3. Duties of local governing bodies.
   1. In compliance with the rules promulgated by the commissioner, a local governing body shall initiate and maintain communications with landowners who are affected by list A species and populations of list B species designated for eradication by the commissioner.
   2. In addition to the existing powers and duties of a local governing body provided in this article a local governing body shall:
      1. Provide affected land owners with technical assistance for the eradication of list A species and populations of list B species designated for eradication by the commissioner;
      2. Carry out sufficient measures, including project oversight and enforcement, as may be necessary to ensure the eradication of list A species and populations of list B species designated for eradication by the commissioner;
      3. Provide the commissioner with assistance in disseminating financial resources to affected landowners and mapping data pursuant to rules promulgated by the commissioner; and
      4. Determine the cost of eradication to be borne by affected landowners.
   3. Local governing bodies may apply to the commissioner for a waiver of compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).
   4. If the commissioner determines, in consultation with the local governing body, that the most cost-effective manner to eradicate designated noxious weeds is for the commissioner to implement an eradication program, the commissioner may implement the eradication program directly.
4. Duties of affected landowners or occupants. Except as provided pursuant to section 35-5.5-104.5 (1)(a), an affected landowner or occupant whose property may be affected by list A species or by populations of list B species designated for eradication shall allow the commissioner or local weed control officials access to such property for the purpose of immediate inspection and eradication when at least one of the following events has occurred:
   1. The affected landowner or occupant has requested the inspection;
   2. A neighboring landowner or occupant has reported a suspected noxious weed infestation and requested an inspection; or
   3. An authorized agent of the local government or commissioner has made a visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.
5. 1. If verbal permission to inspect the land by the affected landowner is not obtained, no entry upon any premises, lands, or places shall be permitted until the local governing body has notified the affected landowner that such inspection is pending by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. Where possible, inspections shall be scheduled and conducted with the concurrence of the affected landowner or occupant. A local governing body may notify an affected landowner in an electronic format, in addition to notice by certified mail.
   2. 1. If, after ten days with no response from the affected landowner or upon denial of access before the expiration of ten days, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body of an affidavit stating:
         1. The information that gives the inspector reasonable cause to believe that any provision of this section, section 35-5.5-104.5, or section 35-5.5-108, is being or has been violated;
         2. The affected landowner has failed to respond or the landowner or occupant has denied access to the inspector; and
         3. A general description of the location of the affected land.
      2. No affected landowner or occupant shall deny access to an authorized agent of the local governing body or the commissioner in possession of an inspection warrant.
6. An affected landowner shall notify a lessee or occupant of affected lands of all notices of inspection and eradication efforts on such lands as soon as practicable.
7. The local governing body of the county or municipality having jurisdiction over private and public lands on which list A species or populations of list B species designated for eradication are found shall notify the affected landowner or occupant of such lands by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. The notice shall name the noxious weeds, identify eradication as the required management objective, advise the affected landowner or occupant to commence eradication efforts within a specified period or condition, and state the integrated weed management techniques prescribed by the commissioner for eradication. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the eradication of noxious weeds on the premises or land.
8. Within five days after the local governing body mails notification, the landowner shall comply with the terms of the notification or submit an acceptable plan and schedule for the completion of the management objective.
9. 1. In the event the affected landowner or occupant fails to comply with the notice to eradicate the identified noxious weeds and implement an appropriate eradication program, the local governing body having authority over the public or private land shall:

      (I) Provide for and complete the eradication of such noxious weeds at such time, upon such notice, and in such manner consistent with achieving the management objective as the local governing body deems appropriate; and

      (II) Do one of the following:

      1. Assess the whole cost of the eradication, including up to one hundred percent of inspection, eradication, and other incidental costs in connection with eradication, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as a part of a public right-of-way. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be utilized in furtherance of the local governing body's weed management efforts.
      2. In the event the state board, department, or agency fails to comply with the notice to eradicate the identified noxious weeds, the local governing body in whose jurisdiction the infestation is located may enter upon such lands and undertake the management of such noxious weeds or cause the same to be done. The expenses associated with inspection and eradication shall be paid by the state board, department, or agency that has jurisdiction over the lands. An agreement for reimbursement shall be reached within two weeks after the date such statement of expense for eradication is submitted by the local governing body. Such reimbursement agreement shall be in writing. If no reimbursement agreement has been reached or the amount reflected in the agreement is not paid upon presentation, the amount in the agreement shall be submitted to the state controller, who shall treat such amount as an encumbrance on the budget of the state board, department, or agency involved or such charge may be recovered in any court with jurisdiction over such lands. The expense associated with eradication may be recovered in any court with jurisdiction over such infested land.
   2. No local governing body shall provide for or compel the eradication of list A species and populations of list B species designated for eradication or list B noxious weeds on private or public property pursuant to this subsection (9) without first applying the same measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the property.
10. The local governing body, through its delegates, agents, or employees, shall have the right to enter upon any premises, lands, or places during reasonable business hours for the purpose of ensuring compliance with the requirements of this section concerning noxious weed eradication.
11. No agent, employee, or delegate of a local governing body shall have a cause of action against an affected landowner or occupant for personal injury or property damages while on private or public land for purposes of eradication of noxious weeds except when such damages were the result of gross negligence, recklessness, or intentional action by the landowner.
12. If, in the opinion of the commissioner, any local governing body fails to adequately perform any of the duties set forth in this section, the commissioner is authorized to conduct any of the functions or duties of a local governing body pursuant to this section.
13. The commissioner or the local governing body may require the affected landowner to pay a portion of the costs associated with eradication of the noxious weeds.
14. An affected landowner may apply to the commissioner for a waiver of compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).
15. For the purposes of this section, an "occupant" shall not include the owner of an easement or right-of-way.

Source: L. 2003: Entire section added, p. 2417, § 3, effective August 6.

35-5.5-108.7. State noxious weed advisory committee - repeal.

1. 1. 1. There is hereby created the state noxious weed advisory committee, referred to in this section as the "state advisory committee". The state advisory committee consists of seventeen members. Fifteen members are appointed by the commissioner and serve without per diem compensation or expenses. Of the fifteen members: (1) (a) (I) There is hereby created the state noxious weed advisory committee, referred to in this section as the "state advisory committee". The state advisory committee consists of seventeen members. Fifteen members are appointed by the commissioner and serve without per diem compensation or expenses. Of the fifteen members:
         1. At least one member represents private and public landowners or land managers;
         2. At least two members represent weed management professionals from the federal, state, or local levels;
         3. At least one member represents public or private weed scientists;
         4. At least two members represent local governing bodies;
         5. Four members must be agricultural producers, as defined in section 35-1-102; and
         6. At least three members represent knowledgeable resource specialists or industries, including environmental organizations.
      2. The remaining two members are:
         1. One nonvoting member who is appointed by the Colorado department of transportation with the approval of the commissioner; and
         2. One nonvoting member who is appointed by the department of natural resources with the approval of the commissioner.
      3. Representation on the state advisory committee must reflect the different geographic areas of the state equally, to the greatest extent possible. Members of the state advisory committee that represent the various stakeholders and regions shall solicit input from similar stakeholders within each member's area of expertise and region of the state. Members of the state advisory committee shall communicate the committee's recommendations to the region and stakeholders represented by each member.
   2. Staggered appointments shall be made so that not more than eight members' terms expire in any one year, and thereafter appointments shall be for terms of two years each. Appointees shall be limited to two full terms each. Each state advisory committee member shall hold office until the expiration of the term for which such member is appointed or until a successor has been duly appointed.
   3. In the event of a vacancy on the state advisory committee, the commissioner shall fill such vacancy promptly to allow a quorum of the state advisory committee to function.
   4. The commissioner may remove any member of the state advisory committee for misconduct, incompetence, or neglect of duty.
   5. A quorum of the state advisory committee shall elect or appoint annually a chairman and a vice-chairman.
   6. A quorum of the state advisory committee shall be a majority of the members appointed to the state advisory committee.
   7. The state advisory committee shall meet at least quarterly.
2. The state advisory committee shall make recommendations to the commissioner concerning the:
   1. Designation of state noxious weeds;
   2. Classification of state noxious weeds;
   3. Development and implementation of state weed management plans;
   4. Prescribed techniques for eradication, containment, and suppression of state noxious weeds; and
   5. Management of noxious weeds on surface waters and public lands.
3. Recommendations of the state advisory committee shall be made by a majority vote of the members of the state advisory committee.
4. The state advisory committee shall periodically assess the progress made to implement the provisions of sections 35-5.5-104.5, 35-5.5-108.5, 35-5.5-108.7, and 35-5.5-108 (2)(a); measure the results and effectiveness of endeavors to eradicate, contain, and suppress noxious weeds within this state; and recommend to the commissioner ways to enhance statewide efforts to stop the spread of noxious weeds.
5. This section is repealed, effective September 1, 2023. Prior to the repeal, the state noxious weed advisory committee is reviewed under section 2-3-1203, C.R.S.

Source: L. 2003: Entire section added, p. 2422, § 3, effective August 6. L. 2008: (5) amended, p. 1913, § 123, effective August 5. L. 2013: (1)(a), (2)(c), (2)(d), and (5) amended and (2)(e) added, (SB 13-223), ch. 294, p. 1572, § 2, effective May 28.

35-5.5-109. Private lands - management of noxious weeds - charges.

1. The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of inspecting for the existence of noxious weed infestations, when at least one of the following circumstances has occurred:
   1. The landowner or occupant has requested an inspection;
   2. A neighboring landowner or occupant has reported a suspected noxious weed infestation and requested an inspection; or
   3. An authorized agent of the local government has made a visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.
2. 1. No entry upon any premises, lands, or places shall be permitted until the landowner or occupant has been notified by certified mail that such inspection is pending. Where possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant.
   2. If after receiving notice that an inspection is pending the landowner or occupant denies access to the inspector of the local governing body, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body, through its agent or employee, of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being or has been violated; that the occupant or landowner has denied access to the inspector; and a general description of the location of the affected land. No landowner or occupant shall deny access to such land when presented with an inspection warrant.
3. The local governing body of the county or municipality having jurisdiction over private lands upon which noxious weeds are found shall have the authority, acting directly or indirectly through its agent or staff, to notify the landowner or occupant of such lands, advising the landowner or occupant of the presence of noxious weeds. Said notice shall name the noxious weeds, advise the landowner or occupant to manage the noxious weeds, and specify the best available control methods of integrated management. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the management of noxious weeds on the premises or lands.
4. 1. Within a reasonable time after receipt of notification, which at no time shall exceed ten days, the landowner or occupant shall either:
      1. Comply with the terms of the notification;
      2. Acknowledge the terms of the notification and submit an acceptable plan and schedule for the completion of the plan for compliance; or
      3. Request an arbitration panel to determine the final management plan.
   2. The arbitration panel selected by the local governing body shall be comprised of a weed management specialist or weed scientist, a landowner of similar land in the same county, and a third panel member chosen by agreement of the first two panel members. The landowner or occupant shall be entitled to challenge any one member of the panel, and the local governing body shall name a new panel member from the same category. The decision of the arbitration panel shall be final.
5. 1. In the event the landowner or occupant fails to comply with the notice to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the local governing body has the authority to:
      1. Provide for and compel the management of such noxious weeds at such time, upon such notice, and in such manner as the local governing body shall prescribe by ordinance or resolution; and
      2. Assess the whole cost thereof, including up to twenty percent for inspection and other incidental costs in connection therewith, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as part of a public right-of-way. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be deposited in the local governing body's weed fund or any similar fund.
   2. No local governing body shall provide for or compel the management of noxious weeds on private property pursuant to this subsection (5) without first applying the same or greater management measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the private property.
   3. No local governing body shall assess the cost of providing for or compelling the management of noxious weeds on private property until the level of management called for in the notice or the management plan developed by the arbitration panel has been successfully achieved.
6. The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of ensuring compliance with the requirements of this article concerning noxious weed management and any other local requirements.
7. No agent, employee, or delegate of a local governing body shall have a civil cause of action against a landowner or occupant for personal injury or property damage incurred while on public or private land for purposes consistent with this article except when such damages were willfully or deliberately caused by the landowner.

Source: L. 90: Entire article added, p. 1554, § 1, effective July 1. L. 96: (1), (2)(a), (3), (5), and (6) amended, p. 770, § 11, effective May 23.

35-5.5-110. Public lands - control of undesirable plants - charges.

1. It is the duty of each state board, department, or agency that administers or supervises state lands to manage noxious weeds on any lands under its jurisdiction using the methods prescribed by the local governing body in whose jurisdiction such state lands are located. The local governing body may give notice to any such state board, department, or agency advising of the presence of noxious weeds and naming them. Such notice shall specify the best available methods of integrated management that are not in conflict with federal law or contractual restrictions included in federal land conveyances to the state. Wherever possible, the local governing body shall consult with the affected state board, department, or agency in the development of a plan for the management of noxious weeds on the premises or lands.
2. 1. Within a reasonable time after receipt of notification, which at no time shall exceed ten days, the state board, department, or agency shall do one of the following:
      1. Comply with the terms of the notification;
      2. Acknowledge the terms of the notification and submit an acceptable plan and schedule for the completion of the plan for compliance;
      3. Request an arbitration panel to determine the final management plan.
   2. The arbitration panel selected by the local governing body shall be comprised of a weed management specialist or weed scientist, a landowner of similar land in the same county, and a third panel member chosen by agreement of the first two panel members. The state board, department, or agency shall be entitled to challenge any one member of the panel, and the local governing body shall name a new panel member from the same category. The decision of the arbitration panel shall be final.
3. In the event the state board, department, or agency fails to comply with the notice to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the local governing body in whose jurisdiction the infestation is located may enter upon such lands and undertake the management of such noxious weeds or cause the same to be done, the expense thereof to be a proper charge against said state board, department, or agency which has jurisdiction over the lands. An agreement for payment shall be reached within two weeks after the date such an expense is submitted, with respect to the amount of reimbursement to be paid. Such agreement shall be in writing. If no agreement has been reached and if the charge is not immediately paid, such charge shall be submitted to the controller, who shall treat such amount as an encumbrance on the budget of the state board, department, or agency involved, or such charge may be recovered in any court with jurisdiction over such lands. Any state board, department, or agency may enter into a contract with the local governing body to authorize the management of noxious weeds on state-administered land on terms and conditions satisfactory to both parties.
4. In addition to the requirements of subsection (3) of this section, the division shall enter into agreements with local governing bodies for the control of weeds on any property the division owns in fee title or has effective surface control over pursuant to a long-term lease or easement agreement. For purposes of this subsection (4) and subsection (5) of this section, "long-term lease or easement agreement" means any lease or easement agreement that exceeds ten years. Agreements between the division and local governing bodies for weed control shall describe the terms and conditions of weed control, provide an annual estimated budget for such weed control, and identify specific weed control responsibilities for the division and the property owner, if different than the division. Weed control agreements required pursuant to this subsection (4) shall be executed on or before July 1, 1997.
5. Any weed control expense incurred by a local governing body pursuant to subsection (3) of this section on any lands held by the division in fee title or by long-term lease or easement agreement, as described in subsection (4) of this section, and for which a weed control agreement as described in subsection (4) of this section has been signed, and which costs are in accordance with that long-term agreement, shall be deemed correct and final and shall be paid by the division pursuant to section 33-1-110 (6.5), C.R.S.

Source: L. 90: Entire article added, p. 1556, § 1, effective July 1. L. 96: (1) and (3) amended, p. 772, § 12, effective May 23; (3) amended and (4) and (5) added, p. 1370, § 3, effective June 3.

Editor's note: Amendments to subsection (3) by House Bill 96-1008 and House Bill 96-1014 were harmonized.

35-5.5-111. Cooperation with federal and state agencies.

The local governing bodies of all counties and municipalities in this state are hereby authorized to enter into cooperative agreements with federal and state agencies for the integrated management of noxious weeds within their respective territorial jurisdictions.

Source: L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section amended, p. 772, § 13, effective May 23.

35-5.5-112. Public rights-of-way - management of noxious weeds - charges.

It shall be the duty of each local governing body and each state board, department, or agency to confirm that all public roads, public highways, public rights-of-way, and any easements appurtenant thereto, under the jurisdiction of each such entity, are in compliance with this article, and any violations of this article shall be the financial responsibility of the appropriate local governing body or state board, department, or agency.

Source: L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section amended, p. 772, § 14, effective May 23.

35-5.5-113. Public nuisance - abatement.

All noxious weeds, at any and all stages, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith may be declared to be a public nuisance by the local governing body having jurisdiction over the lands upon which said noxious weeds are situated. Once declared, such nuisances are subject to all laws and remedies relating to the prevention and abatement of nuisances. The local governing body, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such nuisance as in its discretion appears necessary. The remedies of this section shall be in addition to all other remedies provided by law.

Source: L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section amended, p. 773, § 15, effective May 23.

35-5.5-114. Review of compliance on federal land. (Repealed)

Source: L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section repealed, p. 1218, § 12, effective August 7.

Cross references: For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.

35-5.5-114.1. Survey of compliance on federal land.

On or before January 1, 1998, the state weed coordinator shall survey those counties that include significant amounts of federal land to determine the level of cooperation and compliance by the federal government with this article.

Source: L. 96: Entire section added, p. 773, § 16, effective May 23.

35-5.5-115. Rules.

The commissioner shall promulgate rules as necessary to carry out the purposes of this article, which rules shall include a designation of state noxious weeds.

Source: L. 96: Entire section added, p. 773, § 17, effective May 23.

35-5.5-116. Noxious weed management fund - creation - allocation of funds.

1. There is hereby created in the office of the state treasurer the noxious weed management fund. The fund consists of any civil penalties collected pursuant to section 35-5.5-118; any gifts, donations, and grants received pursuant to section 35-1-104 (1)(cc); and any moneys appropriated or transferred thereto by the general assembly. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The general assembly shall annually appropriate state moneys in the fund to the department of agriculture for the purposes specified in this section. Any unexpended and unencumbered moneys from an appropriation from the fund remain available for expenditure by the department in the next fiscal year without further appropriation.
2. The interest earned on moneys in the noxious weed management fund and appropriated to the department of agriculture shall be expended for costs incurred by the department of agriculture in administering this article, and any moneys appropriated that exceed the amount needed for such costs may be expended for noxious weed management projects in accordance with this section.
3. The department may expend moneys through grants or contracts to communities, weed control districts, or other entities it considers appropriate for noxious weed management projects.
4. The department may expend moneys for the following purposes:
   1. Noxious weed management programs with local weed control districts, if expenses are shared with such districts;
   2. With the approval of the agricultural commission, the department may make special grants to local weed control districts to eradicate or contain state noxious weeds, which grants may be issued without matching funds from the district;
   3. Administrative expenses incurred by the department;
   4. Any project the agricultural commission determines will significantly contribute to the management of noxious weeds within the state;
   5. With the approval of the agricultural commission, grants to the Colorado state university cooperative extension service, the Colorado state university experiment station, and universities for weed management research, evaluation, and education;
   6. Employment of a new and innovative noxious weed management project or the development, implementation, or demonstration of any noxious weed management project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. Such expenditures shall be shared with such organizations.
5. If a new and potentially harmful noxious weed is discovered growing in the state and its presence is verified by the department, the governor may declare a noxious weed emergency. In the absence of necessary funding from other sources, the department is authorized to allocate up to fifty thousand dollars of the principal in the noxious weed management fund to government agencies for emergency relief to manage or confine the new noxious weed species.

Source: L. 96: Entire section added, p. 773, § 17, effective May 23. L. 2016: (1) amended, (HB 16-1163), ch. 76, p. 199, § 1, effective April 12.

35-5.5-117. The state weed coordinator.

1. There shall be designated in the department of agriculture a state weed coordinator, who shall be under contract with or appointed by the commissioner.
2. The state weed coordinator shall:
   1. Develop a recommended management plan for the integrated management of designated noxious weeds within state-owned lands;
   2. Facilitate cooperation between federal, state, and local land managers in the formation of a memorandum of understanding;
   3. Provide guidance and coordination for local governmental weed managers.

Source: L. 96: Entire section added, p. 773, § 17, effective May 23. L. 2005: (1) amended, p. 881, § 1, effective June 1.

35-5.5-118. Civil penalties.

1. 1. Any person who violates this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined that the person has violated the provision or rule more than once. No civil penalty shall be imposed unless and until the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
   2. In addition to any civil penalties assessed pursuant to paragraph (a) of this subsection (1), any person who violates the provisions of section 35-5.5-104.5, 35-5.5-108, or 35-5.5-108.5, or any rule adopted to implement these sections, shall, upon an order of the commissioner, pay the cost of inspection and eradication of list A or list B noxious weed species, including, but not limited to, any immediate remediation costs, the estimated cost of future eradication, any administrative costs, and any court cost and attorney fees incurred by the commissioner in enforcing section 35-5.5-104.5, 35-5.5-108, or 35-5.5-108.5, or any rule adopted to implement these sections. The commissioner may not enforce such order unless and until the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S. All moneys due and owing pursuant to this paragraph (b) shall be payable to the department for the payment and reimbursement of enforcement and costs associated with such enforcement and are hereby continuously appropriated to the department for such purpose.
2. If the commissioner is unable to collect a civil penalty, payment of costs imposed pursuant to subsection (1) of this section, or if the person fails to pay all or a specified portion of such penalty or payment, the department may bring suit in any court of competent jurisdiction to recover such amount plus costs and attorney fees.
3. Before imposing any civil penalty or payment of costs, the commissioner may consider the effect of such penalty or payment of costs on the ability of the person charged to stay in business.
4. All civil penalties and payment of costs collected pursuant to this section shall be deposited in the noxious weed management fund created in section 35-5.5-116.

Source: L. 96: Entire section added, p. 773, § 17, effective May 23. L. 2003: Entire section amended, p. 2425, § 5, effective August 6.

35-5.5-119. County funding.

The board of county commissioners is authorized to levy a special tax, subject to the approval of the voters, upon every dollar of valuation of assessment of taxable property within the county for the purpose of creating a county fund to control noxious weeds; except that the amount raised from such levy in any one year shall not exceed the amount raised by five mills.

Source: L. 96: Entire section added, p. 773, § 17, effective May 23.

35-6-101 to 35-6-108. (Repealed)

Source: L. 85: Entire article repealed, p. 1135, § 15, effective May 16.

Editor's note: This article was numbered as article 11 of chapter 6, C.R.S. 1963. For amendments to this article prior to its repeal in 1985, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For current provisions concerning the quarantine and control of pests, see §§ 35-4-110 and 35-4-110.5.

35-7-101. Legislative declaration.

Whereas, in many large areas of this state certain destructive rodent pests, such as jackrabbits, prairie dogs, ground squirrels, pocket gophers, and rats, have become so numerous and such a grave and immediate menace to the agricultural, horticultural, and livestock industries of the state that large numbers of the inhabitants engaged in such industries in the localities so infested are in great and imminent danger of being impoverished and reduced to want by the destruction of their crops; and, whereas, the situation is so serious and the emergency so urgent that public necessity demands that prompt, efficacious, and summary action be taken under the police power of the state to control, suppress, and eradicate the rodents in the areas infested by them; now, therefore, it is declared that in all fields, orchards, places, localities, and areas in the state infested with any such rodents in sufficient numbers as to materially injure agricultural or horticultural crops therein, such infestation is a public nuisance and subject to suppression and abatement as such under the provisions of this part 1.

Source: L. 27: p. 616, § 1. CSA: C. 5, § 44. CRS 53: § 6-7-1. C.R.S. 1963: § 6-7-1.

35-7-102. Agreement with the federal government.

To the end that the situation may be speedily remedied, it is the duty of the department of agriculture, referred to in this part 1 as the "department", to enter into written agreements on behalf of the state with the federal agency in charge of rodent control matters, referred to in this article as the "federal agency", such agreements to define such procedure, in accordance with the provisions of this part 1, as they deem advisable and proper for the purpose of cooperating with the federal agency in the control and eradication within this state of the rodent pests mentioned in section 35-7-101.

Source: L. 27: p. 617, § 2. CSA: C. 5, § 45. L. 39: p. 210, § 1. CRS 53: § 6-7-2. C.R.S. 1963: § 6-7-2. L. 2002: Entire section amended, p. 1030, § 58, effective June 1.

35-7-103. Rodent pest control fund - creation.

1. For the purpose of carrying out the provisions of this part 1, there is hereby created the rodent pest control fund. To insure continuity of contractual relations with the federal agency, said fund shall be permanent, and the same, together with all appropriations and all reimbursements or accretions thereto, from whatever source derived, is appropriated to carry out the purposes of this part 1.
2. All disbursements from the fund shall be by warrants drawn by the controller upon itemized vouchers certified by the federal agency as to correctness and approved by the department which shall approve the vouchers for all lawful expenses incurred in carrying out the purposes of this part 1 and in accordance with the terms of any cooperative agreements entered into by the department with the federal agency.

Source: L. 27: p. 617, § 3. L. 31: p. 708, § 1. CSA: C. 5, § 46. L. 39: p. 210, § 2. CRS 53: § 6-7-3. C.R.S. 1963: § 6-7-3. L. 2002: Entire section amended, p. 1030, § 59, effective June 1.

35-7-104. Cooperative agreements.

Operations under the provisions of this part 1 for the control and eradication of rodent pests shall be in accordance with the approved procedure of the federal agency and in accordance with the terms of such agreements as shall be entered into by the department and the federal agency. To enable the department to carry out any such agreement or to perform the duties devolved upon the department in carrying out the purpose of this part 1, the department is authorized to enlist and pay the necessary expenses of volunteer agents and to employ and pay the salary and necessary expenses of such other agents as may be required to act in their behalf. To further enlarge and accelerate operation for the control of such rodent pests, the department, acting in conjunction with the federal agency, may enter into cooperative agreements with boards of county commissioners or with associations, corporations, or individuals owning land subject to or menaced by such infestations.

Source: L. 27: p. 618, § 4. CSA: C. 5, § 47. CRS 53: § 6-7-4. C.R.S. 1963: § 6-7-4. L. 2002: Entire section amended, p. 1030, § 60, effective June 1.

35-7-105. Boundaries of infested areas defined.

For the purpose of carrying out this part 1, the respective boards of county commissioners have the power to define the boundaries of such rodent-infested areas within their jurisdictions and to put into operation such cooperative agreements for such areas in the manner as in their discretion may be deemed advisable.

Source: L. 31: p. 709, § 2. CSA: C. 5, § 48. CRS 53: § 6-7-5. C.R.S. 1963: § 6-7-5.

35-7-106. Government lands.

On lands which are a part of any national forest, Indian reservation, or other national reserve or public domain of the United States, or of any state reservation, or of any unoccupied or leased state lands, the control of such rodent pests shall be carried on so far as possible at the expense of the federal government on federal lands and at the expense of the state government on unoccupied or leased state lands with such cooperation with occupants, lessees, licensees, or adjacent landowners as may be available.

Source: L. 27: p. 618, § 5. CSA: C. 5, § 49. CRS 53: § 6-7-6. C.R.S. 1963: § 6-7-6.

35-7-107. Land under contract of purchase.

On state land sold under contract of purchase whereunder patent has not been issued, the control shall be prosecuted, so far as possible, on a cooperative basis, pursuant to such terms as may be agreed upon with the contract holder.

Source: L. 27: p. 619, § 6. CSA: C. 5, § 50. CRS 53: § 6-7-7. C.R.S. 1963: § 6-7-7.

35-7-108. Private lands.

Upon privately owned lands, the control of rodent pests under this part 1 shall, so far as possible, be based on voluntary cooperation of owners, lessees, or occupants. If a private landowner enters into a cooperative agreement with the county pursuant to which the county agrees to control rodent pests on the landowner's real property, the private landowner shall reimburse the county for actual expenses incurred by the county in connection with such rodent pests control operations.

Source: L. 27: p. 619, § 7. CSA: C. 5, § 51. CRS 53: § 6-7-8. C.R.S. 1963: § 6-7-8. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 48, § 1, effective August 10.

35-7-109. Agreements with landowners.

Owners of private lands may arrange, under written cooperative agreements with the department and the federal agency in charge of operations, for the control and eradication of rodent pests on their lands.

Source: L. 27: p. 619, § 8. CSA: C. 5, § 52. CRS 53: § 6-7-9. C.R.S. 1963: § 6-7-9. L. 2002: Entire section amended, p. 1030, § 61, effective June 1.

35-7-110. State reimbursed for actual cost.

All poisons or other materials for such control furnished by the state to such cooperators shall be supplied at actual cost, and the state shall be reimbursed by such cooperators, landowners, lessees, or contract holders for the actual cost of materials and labor, other than supervision, expended by the state in such treatment under cooperative agreements with them. Such reimbursement shall be made by each owner, lessee, or contract holder in the proportion that the number of acres of land treated for him or her bears to the total acreage treated in the area designated for treatment or according to such equitable proportion or plan as shall be provided for in the agreement. Any such agreement shall require full reimbursement to be made to the state within thirty days after presentation by the department, or its agents, of an itemized account therefor.

Source: L. 27: p. 619, § 9. CSA: C. 5, § 53. CRS 53: § 6-7-10. C.R.S. 1963: § 6-7-10. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 48, § 2, effective August 10.

35-7-111. County to appropriate funds.

It is the duty of boards of county commissioners in all counties where any such infestation exists or is imminent to appropriate from the general fund such money as may be necessary to carry out the provisions of this part 1 within their respective counties. In counties where pest control districts have been created, or are about to be created, it is the duty of the board of county commissioners to appropriate from the county general fund such money as shall be necessary to establish and maintain a fund for the payment of all accounts charged or chargeable against them under the terms of this part 1.

Source: L. 29: p. 566, § 2. CSA: C. 5, § 54. L. 51: p. 296, § 8. CRS 53: § 6-7-11. C.R.S. 1963: § 6-7-11.

35-7-112. Eradication contracts required - procedure without contracts.

1. In case a majority of resident landowners in a prescribed district have signed a cooperative agreement to destroy rodents on their lands, public notice may be given by publication by the boards of county commissioners wherein the lands are located at least once in a newspaper of general circulation in the counties affected to the effect that lands within the boundaries of such prescribed area, lying in one or more counties, are infested by said pests, or some kind thereof, in such numbers that in the opinion of the said department the same are liable to materially injure and imperil agricultural or horticultural crops within such area, and that such lands are about to be treated, under the provisions of this part 1, for the control and eradication of the pests. If, within thirty days after the publication of such notice, any owner of lands infested by the pests within the prescribed area fails to destroy the same, or to enter into a cooperative agreement for their control or eradication, then, at the time operations are instituted on such lands, it is the duty of the department, or its agents, to enter upon the lands and to destroy the pests thereon at the expense of the owner of such lands.
2. If the owner, after ten days' written notice to him in person or by mail to his last known post office address, fails, neglects, or refuses to reimburse the department, or its agents, in the amount of such expenses, the department shall certify an itemized statement thereof, together with a description of such lands sufficient to identify the same to the board of county commissioners of the county wherein the same is situated. Thereupon, such an account shall be audited, allowed, and paid in like manner as provided in section 35-7-110. Public notices in this section provided for shall designate as accurately as may be the boundaries of the area to be treated; shall make specific reference to this statute and shall call upon all owners, known or unknown, of lands within the prescribed area to proceed at once to destroy the pests mentioned in such notice or to enter into cooperative agreements for their control or eradication; and shall designate reasonable times and places within or near such area where and when the federal agency, or other agents, and the department, or its agents, will be present for the purpose of entering into such cooperative agreements and proceeding with their execution.

Source: L. 27: p. 620, § 11. L. 31: p. 709, § 3. CSA: C. 5, § 55. CRS 53: § 6-7-12. C.R.S. 1963: § 6-7-12. L. 2002: (2) amended, p. 1031, § 62, effective June 1.

35-7-113. Itemized accounts.

The department shall keep itemized accounts of the actual expenses of materials and labor in connection with the control and eradication of rodent pests, whether such work is done under cooperative agreements with owners, lessees, or contract holders or otherwise.

Source: L. 27: p. 622, § 12. CSA: C. 5, § 56. CRS 53: § 6-7-13. C.R.S. 1963: § 6-7-13.

35-7-114. Charges against landowner - lien rights.

Whenever any county has been required to pay any expense charged against any landowners, under a cooperative agreement or otherwise, on account of such pest control operations conducted upon or for the benefit of his or her lands, such county shall have a lien upon such lands for the amount so paid or for such lesser amount as such landowner shall be adjudged to pay after a hearing before the board of county commissioners.

Source: L. 27: p. 622, § 13. CSA: C. 5, § 57. CRS 53: § 6-7-14. C.R.S. 1963: § 6-7-14. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 49, § 3, effective August 10.

35-7-115. Enforcing collection - hearing.

Upon payment by any county of any such bill of expenses so charged against any landowner, lessee, or contract holder, the board of county commissioners shall make demand and notice in writing, upon such landowner, lessee, or contract holder, in person or by mail addressed to him or her at his or her last known place of residence twenty days prior to the published meeting date, for reimbursement to the county in the amount of such expenses. Such written notice shall inform such person that he or she may appear before the board on the published meeting date and be heard as to the amount and accuracy of the claim. If such claim, as originally demanded by the board or as adjusted upon the hearing, is not paid, then, in the case of a private landowner, the board of county commissioners shall certify the claim to the county assessor who shall add the amount thereof to any taxes due or to become due upon his or her lands, and said lands shall be sold for the satisfaction thereof at the same time and in the same manner as is provided by law for the sale of real estate for delinquent taxes. In cases where such accounts are payable by a lessee or contract holder, suit may be maintained in behalf of the county in any court of competent jurisdiction for the recovery of such accounts and costs of suit. All such accounts when collected by the county shall be paid into the general fund thereof or into the fund used by the county to meet its obligations under this part 1.

Source: L. 31: p. 711, § 4. CSA: C. 5, § 58. CRS 53: § 6-7-15. C.R.S. 1963: § 6-7-15. L. 2011: Entire section amended, (HB 11-1087), ch. 19, p. 49, § 4, effective August 10.

Cross references: For the sale of real estate for delinquent taxes, see article 11 of title 39.

35-7-116. Collections paid to treasurer.

All reimbursements to the state, whether made by individuals, counties, or other cooperators pursuant to this part 1, shall be turned over to the state treasurer and by him credited to the rodent pest control fund referred to in section 35-7-103.

Source: L. 27: p. 623, § 15. CSA: C. 5, § 59. L. 39: p. 211, § 3. CRS 53: § 6-7-16. C.R.S. 1963: § 6-7-16.

35-7-117. Record of poison purchased.

The department, when acting in cooperation with the federal agency in rodent control operations through its officers, members, or authorized agents, may purchase and sell to landowners, lessees, contract holders, boards of county commissioners, and other cooperators strychnine and other poisons and supplies for rodent control. The department or its agents shall make and keep a record of all such sales made by showing the name and address of purchaser, date of purchase, and kind and amount of poison or rodent supplies purchased.

Source: L. 27: p. 623, § 16. CSA: C. 5, § 60. L. 39: p. 211, § 4. CRS 53: § 6-7-17. C.R.S. 1963: § 6-7-17. L. 2002: Entire section amended, p. 1031, § 63, effective June 1.

35-7-201. Control and eradication of rodents.

1. The boards of county commissioners of the several counties of this state are authorized to purchase materials and equipment and to employ one or more suitable persons to destroy jackrabbits, prairie dogs, ground squirrels, or other injurious rodents within the limits of their respective counties. Any materials and equipment so purchased and compensation for such services shall be paid out of the general fund or a specially designated fund of such county.
2. The boards of county commissioners of the several counties of this state are authorized to levy such taxes as are necessary to pay the obligations for rodent control work as authorized under this section and to put into operation any plan of procedure for the eradication of such rodent pests within their jurisdictions as in their discretion is deemed advisable; except that control operations under the provisions of this section shall be in accordance with the approved procedure of the federal agency. The boards of county commissioners may solicit cooperation from the state board of stock inspection commissioners and the federal agency for the conduct of such rodent control work and may enter into cooperative agreements with the board of stock inspection commissioners and the federal agency for the furtherance of the rodent control work authorized under this section.

Source: L. 37: p. 1073, §§ 1, 2. CSA: C. 45, § 38(1). CRS 53: § 36-13-1. C.R.S. 1963: § 36-13-1. L. 2002: (2) amended, p. 1031, § 64, effective June 1. L. 2011: (1) amended, (HB 11-1087), ch. 19, p. 49, § 5, effective August 10.

35-7-202. Control and eradication of predatory animals.

1. The boards of county commissioners of the several counties of the state are authorized to purchase materials and equipment and to employ one or more suitable persons to control coyotes or other injurious predatory animals within the limits of their respective counties. Any materials and equipment so purchased and compensation for such services shall be paid out of the general fund or a specially designated fund of such county.
2. The boards of county commissioners of the several counties of the state are authorized to levy such taxes as are necessary to pay the obligations for such predatory animal control work as authorized by this section and to put into operation any plan of procedure for the eradication of such predatory animals within their jurisdictions as in their discretion is deemed advisable.
3. Control operations under the provisions of this section shall be in accordance with the approved procedure of the federal agency. The boards of county commissioners may solicit cooperation from the state board of stock inspection commissioners and the federal agency for the conduct of such predatory animal control work and may enter into cooperative agreements with the state board of stock inspection commissioners and the federal agency for the furtherance of the predatory animal control work authorized under this section.

Source: L. 47: p. 369, §§ 1, 2. CSA: C. 45, § 38(2). CRS 53: § 36-13-2. C.R.S. 1963: § 36-13-2. L. 2000: (1) amended, p. 1395, § 2, effective July 1. L. 2002: (3) amended, p. 1031, § 65, effective June 1.

Cross references: For control of predatory animals generally, see article 40 of this title.

35-7-203. Release of destructive rodent pests - definitions.

1. No person shall release destructive rodent pests into a county unless the person complies with all requirements for such release imposed by the parks and wildlife commission and obtains both the prior approval of the commission and the prior approval, by resolution duly adopted, of the board of county commissioners of such county. A person need not obtain such prior approval before:
   1. Transporting destructive rodent pests through a county without releasing such destructive rodent pests; or
   2. Confining destructive rodent pests indoors or in cages or similar enclosures and using such destructive rodent pests for scientific purposes or as food for human or animal consumption; or
   3. Keeping destructive rodent pests indoors or in cages or similar enclosures as pets; or
   4. Releasing destructive rodent pests into the county in which such destructive rodent pests were originally taken into captivity.
2. For purposes of this section, "destructive rodent pests" means one or more rodents, including but not limited to prairie dogs, ground squirrels, pocket gophers, jackrabbits, and rats, that pose a threat to agricultural, horticultural, or livestock concerns or to human health.
3. The board of county commissioners of any county into which a person releases destructive rodent pests without the prior approval of such board may, at its discretion:
   1. Require the person who released the destructive rodent pests to eradicate the destructive rodent pests or remove the destructive rodent pests from the county; or
   2. Impose a fine upon the person who released the destructive rodent pests in an amount sufficient to compensate the county for the cost of eradicating the destructive rodent pests or removing the destructive rodent pests from the county.

Source: L. 99: Entire section added, p. 155, § 1, effective March 25. L. 2012: IP(1) amended, (HB 12-1317), ch. 248, p. 1236, § 93, effective June 4.

Cross references: For the parks and wildlife commission, see § 33-9-101.

35-8-101 to 35-8-107. (Repealed)

Source: L. 77: Entire article repealed, p. 293, § 10, effective May 26.

Editor's note: This article was numbered as article 9 of chapter 6, C.R.S. 1963. For amendments to this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

35-9-101. Short title.

This article shall be known and may be cited as the "Pesticide Act".

Source: L. 90: Entire article R&RE, p. 1559, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-101 as it existed prior to 1990.

35-9-102. Legislative declaration.

The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly further finds and declares that it is the intent of this article to assure the dissemination of accurate information regarding the proper and prohibited uses of any pesticide or device. The provisions of this article are enacted to protect the public health, safety, and welfare of the people of this state.

Source: L. 90: Entire article R&RE, p. 1559, § 1, effective June 7. L. 2010: Entire section amended, (SB 10-034), ch. 376, p. 1766, § 1, effective July 1.

35-9-103. Definitions.

As used in this article, unless the context otherwise requires:

1. "Active ingredient" means:
   1. In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;
   2. In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;
   3. In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and
   4. In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
2. "Adulterated" refers to:
   1. Any pesticide whose strength or purity deviates from the professed strength or purity stated on its labeling or under which it is sold; or
   2. Any pesticide whose components or their relative proportions differ from those stated on its labeling; or
   3. Any substance which has been substituted wholly or in part for a pesticide; or
   4. Any pesticide from which any valuable constituent has been wholly or partly abstracted; or
   5. Any pesticide in which any contaminant is present in an amount which is determined by the commissioner to be a hazard.
3. "Commissioner" means the commissioner of agriculture.
4. "Dealer" means any person who distributes to any other person any restricted-use pesticide.
5. "Device" means any instrument or contrivance, other than a firearm, intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, viruses, or other microorganisms on or in living man or other living animals); except that "device" shall not include equipment used for the application of pesticides when sold separately therefrom.
6. "Distribute" means to advertise, offer for sale, hold for sale, sell, barter, or supply in any fashion any pesticide in this state.
7. "EPA" means the environmental protection agency.
8. "Inert ingredient" means an ingredient which is not active.
9. "Limited-use pesticide" refers to any pesticide so designated by the commissioner.
10. "Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or in other living animals) which the commissioner or the administrator of the EPA declares to be a pest.
11. "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term "pesticide" shall not include any article that is a "new animal drug" as designated by the United States food and drug administration.

    (11.4) "Refill" means to transfer a pesticide for sale or distribution to a refillable container without changing the composition, formulation, or EPA registration number of the pesticide.

    (11.5) "Refillable container" means a container that is intended to be filled more than once with a pesticide for sale or distribution.

    (11.6) "Refiller" means a person that engages in refilling.

12. "Restricted-use pesticide" means any pesticide designated as a restricted-use pesticide by the commissioner or the administrator of the environmental protection agency.

Source: L. 90: Entire article R&RE, p. 1559, § 1, effective June 7. L. 2010: (11.4), (11.5), and (11.6) added, (SB 10-034), ch. 376, p. 1766, § 2, effective July 1.

Editor's note: This section is similar to former § 35-9-102 as it existed prior to 1990.

35-9-104. Exemptions.

1. The provisions of this article shall not apply to:
   1. Any carrier while lawfully engaged in transporting a pesticide or device within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the transactions regarding and the movement of the pesticide or device;
   2. Public officials of this state and the federal government engaged in the performance of their official duties except as specifically required by this article; or
   3. The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of any agency of this state or of the federal government authorized by law to conduct research in the field of pesticides.
2. No pesticide or device shall be deemed in violation of this article when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all provisions of this article shall apply.

Source: L. 90: Entire article R&RE, p. 1561, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-108 as it existed prior to 1990.

35-9-105. Exclusive jurisdiction.

Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture.

Source: L. 90: Entire article R&RE, p. 1561, § 1, effective June 7. L. 2010: Entire section amended, (SB 10-034), ch. 376, p. 1767, § 3, effective July 1.

Editor's note: This section is similar to former § 35-9-113 as it existed prior to 1990.

35-9-106. Pesticide registration required - exemptions.

1. Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article.
2. The commissioner may exempt certain pesticides from the registration requirement consistent with the "Federal Insecticide, Fungicide, and Rodenticide Act", 7 U.S.C. sec. 136 et seq., as amended, and rules promulgated by the EPA under the "Federal Insecticide, Fungicide, and Rodenticide Act".

Source: L. 90: Entire article R&RE, p. 1561, § 1, effective June 7. L. 2010: Entire section amended, (SB 10-034), ch. 376, p. 1767, § 4, effective July 1.

Editor's note: This section is similar to former § 35-9-104 as it existed prior to 1990.

35-9-107. Pesticide registration - application - fees - expiration - rules.

1. Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate:
   1. The name and address of the applicant and, if it is different, the name and address of the person whose name will appear on the pesticide label;
   2. The name of the pesticide;
   3. A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for its use, including directions and precautions for use;
   4. A complete statement of each active ingredient and its percentage of the whole and, if requested by the commissioner, each inert ingredient and its percentage of the whole, which inert ingredient information shall be kept confidential as provided in section 35-9-109;
   5. If requested by the commissioner, a full description of all tests made and the results thereof, including, but not limited to, efficacy and hazard data upon which the claims are based;
   6. If requested by the commissioner, analytical standards and methods of analysis for each formulation of said pesticide and analytical methods for determining any residues of said pesticide at levels suspected harmful to plants, animals, or the environment; and
   7. Any other information required by the commissioner.
2. Each applicant shall pay, at the time the application is submitted, an annual application fee in an amount to be determined by the commissioner.
3. Repealed.
4. 1. Repealed.
   2. On and after January 1, 2011, registration of a pesticide shall expire each year on a date specified by the commissioner by rule.

Source: L. 90: Entire article R&RE, p. 1561, § 1, effective June 7. L. 2010: IP(1), (1)(d), and (4) amended and (3) repealed, (SB 10-034), ch. 376, p. 1767, §§ 5, 6, effective July 1.

35-9-108. Registration - review and evaluation - criteria - state limited-use or restricted-use pesticide - cancellation - summary suspension.

1. The commissioner shall review the information provided with respect to each pesticide to determine if it meets the claims made for it and if the pesticide and its labeling and other materials comply with the provisions of this article and the rules and regulations adopted pursuant thereto.
2. If the commissioner determines that the pesticide, labeling, or any other materials submitted with the application do not comply with the provisions of this article, he shall notify the applicant of the particulars in which there is a lack of compliance.
3. The commissioner shall not register the pesticide until the applicant has made the necessary corrections or amendments as specified in the notice. The applicant may request a hearing to appeal an adverse determination pursuant to section 24-4-104, C.R.S.
4. The commissioner shall consider the following criteria to determine if a pesticide qualifies for registration:
   1. Its composition is such as to warrant the proposed claims for it;
   2. When used in accordance with generally accepted practices, it will not cause unacceptable, adverse effects on the environment;
   3. Its labeling and any other material required to be submitted pursuant to section 35-9-107 comply with the provisions of this article and any rules and regulations adopted pursuant thereto.
5. The commissioner, in his discretion, may, at the time of registration, designate the pesticide as a state restricted-use or limited-use pesticide and may restrict or limit the distribution or use of such pesticide. The commissioner may include in said restriction the time and conditions under which the pesticide may be distributed or used and may impose any or all of the following additional requirements:
   1. The pesticide shall be purchased, possessed, or used only under permit of the commissioner;
   2. The pesticide shall be purchased, possessed, or used only under the supervision of the commissioner; and
   3. The permittee shall maintain records as to the use of such pesticide in the form and manner the commissioner shall designate.
6. After a pesticide is registered, the commissioner may cancel the registration of said pesticide pending notice and an opportunity for hearing if he determines that:
   1. The pesticide or its labeling or packaging does not comply with the provisions of this article or any rules or regulations adopted thereunder; or
   2. The pesticide registration has been canceled or suspended by the EPA.
7. If the commissioner has reasonable grounds to believe and finds that the registrant has been guilty of deliberate and willful violation of use or distribution restrictions imposed pursuant to this article or that the public health, safety, or welfare imperatively requires emergency action, he may summarily suspend the registration pending proceedings for suspension or cancellation of the registration.

Source: L. 90: Entire article R&RE, p. 1562, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-104 as it existed prior to 1990.

35-9-109. Confidentiality of inert ingredients.

1. Except as provided by this section, no inert ingredient information required by section 35-9-107 (1)(d) shall be released to any person by the commissioner.
2. A registrant may authorize the commissioner to disclose any inert ingredient information required by section 35-9-107 by filing a signed authorization for release of information with the commissioner.
3. When a treating physician or the poison control service provider selected pursuant to section 25-32-105, C.R.S., determines that a medical emergency exists and information submitted to the commissioner concerning inert ingredients pursuant to section 35-9-107 (1)(d) is necessary for emergency or first-aid treatment, the commissioner may immediately disclose the information necessary to that treating physician or to such poison control service provider. The commissioner shall require such treating physician or such poison control service provider to submit to the commissioner a statement of need for the information and a confidentiality agreement, in the form and manner the commissioner shall designate, as soon as circumstances permit.
4. If the treating physician or the poison control service provider, after receiving confidential information regarding a pesticide, determines that there is a need to disclose the information to another health professional, including a physician or a toxicologist, due to an immediate health emergency, whether public or individual, the treating physician or the poison control service provider shall so inform the commissioner. The commissioner shall require confidentiality from any such health professional to whom the confidential information is disclosed.

Source: L. 90: Entire article R&RE, p. 1563, § 1, effective June 7. L. 94: (3) and (4) amended, p. 1669, § 5, effective July 1, 1995. L. 2003: (3) amended, p. 2001, § 62, effective May 22. L. 2010: (1), (2), and (3) amended, (SB 10-034), ch. 376, p. 1768, § 7, effective July 1.

Editor's note: This section is similar to former § 35-9-104 as it existed prior to 1990.

35-9-110. Device registration - required.

1. Every device which is sold in this state and which is subject to the provisions of this article shall be registered with the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.
2. The commissioner shall designate the classes of devices which are subject to this article.

Source: L. 90: Entire article R&RE, p. 1563, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-104 as it existed prior to 1990.

35-9-111. Device registration - application - fees - expiration - rules.

1. Each applicant for registration of a device shall file with the commissioner, in the form and manner he shall designate:
   1. The name and address of the applicant and, if different, the name and address of the person whose name will appear on the device;
   2. The name of the device;
   3. A complete copy of the labeling accompanying the device, including its packaging, directions, and precautions for use, and a statement of all claims being made for the device;
   4. If requested by the commissioner, a complete description of all tests made and the results thereof, including, but not limited to, efficiency and hazard data upon which the claims are based; and
   5. Any other information required by the commissioner.
2. Each applicant shall pay, at the time the application is submitted, an annual application fee in an amount to be determined by the commissioner.
3. Repealed.
4. 1. Repealed.
   2. On and after January 1, 2011, registration of a device shall expire each year on a date specified by the commissioner by rule.

Source: L. 90: Entire article R&RE, p. 1564, § 1, effective June 7. L. 2010: (3) repealed and (4) amended, (SB 10-034), ch. 376, p. 1768, §§ 8, 9, effective July 1.

35-9-112. Renewal of pesticide and device registration.

1. A registrant of either a pesticide or a device shall submit a renewal application in the form and manner designated by the commissioner on or before the expiration date of the registration and shall pay a renewal fee in an amount determined by the commissioner.
2. If an application for renewal of a pesticide or device registration is not received on or before the expiration date of the registration, the registration shall expire. An expired registration may be renewed within two years after the expiration date of the registration upon payment of all late fees and any other penalties or sums assessed pursuant to this article, if the applicant satisfies the commissioner that the requirements of section 35-9-107 have been met.
3. The commissioner may require the applicant to submit any additional information he deems necessary, including, but not limited to:
   1. A full description of all tests made of the pesticide or device, and the results thereof, including, but not limited to, efficacy and hazard data upon which any claims for the pesticide or device are based; and
   2. With respect to any pesticide, the analytic standards and methods of analysis for each formulation of said pesticide and the analytic methods used to determine any residues of the said pesticide at levels suspected harmful to plants, animals, or the environment.
4. The commissioner, at the time of such renewal, may, in his discretion, designate any such pesticide as a state restricted-use or limited-use pesticide in the same manner as set forth in section 35-9-108 (5).

Source: L. 90: Entire article R&RE, p. 1564, § 1, effective June 7. L. 2010: (1) and (2) amended, (SB 10-034), ch. 376, p. 1768, § 10, effective July 1.

Editor's note: This section is similar to former § 35-9-104 as it existed prior to 1990.

35-9-113. Misbranded.

1. The term "misbranded" shall apply:
   1. To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;
   2. To any pesticide:
      1. If it is an imitation of or is offered for sale under the name of another pesticide;
      2. If its labeling bears any reference to registration under the provisions of this article unless such reference is required by this article or rules or regulations adopted pursuant thereto;
      3. If any word, statement, or other information required by this article or rules adopted under this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
      4. If the label does not bear:
         1. The name and address of the manufacturer, registrant, or person for whom manufactured;
         2. The name, brand, or trademark under which the pesticide is sold;
         3. An ingredient statement on that part of the immediate container of the retail package which is presented or displayed under customary conditions of purchase and on the outside container or wrapper thereof, if there is one and if the ingredient statement on the immediate container cannot be clearly read through such outside container or wrapper; except that the commissioner may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
         4. Directions for use and a warning or caution statement which are necessary and, if complied with, adequate to protect the public and to prevent injury to the public, including living people, useful vertebrate animals, useful vegetation, useful invertebrate animals, wildlife, and land;
         5. The weight or measure of the content, subject to the provisions of article 14 of this title; and
         6. Any registration number or establishment number issued by the EPA;
      5. If the pesticide contains any substance or substances in quantities highly toxic to people, unless the label bears, in addition to any other matter required by this article:
         1. The skull and crossbones;
         2. The word "poison" prominently in red on a background of distinctly contrasting color; and
         3. A statement of a practical treatment in case of poisoning by the pesticide;
      6. If the pesticide container does not bear a label or if the label does not contain all the information required by this article or rules adopted pursuant thereto.

Source: L. 90: Entire article R&RE, p. 1565, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-104 as it existed prior to 1990.

35-9-114. Pesticide dealer license - required.

1. Effective January 1, 1992, any person who acts as a pesticide dealer must possess a valid pesticide dealer license issued by the commissioner in accordance with this article and any rules or regulations adopted pursuant thereto.
2. Each business location, including branch offices, and each business name must be licensed.

Source: L. 90: Entire article R&RE, p. 1566, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-105 as it existed prior to 1990.

35-9-115. Pesticide dealer license - requirements - application - fees - expiration.

1. Each applicant for a pesticide dealer license shall make application to the commissioner providing all information in the form and manner the commissioner shall designate.
2. Each applicant for a pesticide dealer license shall pay a fee in an amount determined by the commissioner.
3. Each pesticide dealer license shall expire on January 1 of each year.
4. Each licensee shall report to the commissioner, in the form and manner he shall designate, any change to the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.

Source: L. 90: Entire article R&RE, p. 1566, § 1, effective June 7.

35-9-116. Renewal of pesticide dealer license.

1. Each pesticide dealer shall make an application to renew its license on or before the first working day of January for the year of renewal. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee.
2. If the application for renewal of any pesticide dealer license is not received on or before the first working day of January for the year of renewal, a penalty fee of ten percent of the license fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.
3. If a pesticide dealer license renewal application is not received by February 1 of the renewal year, the license shall not be renewed and the dealer must apply for a new license.

Source: L. 90: Entire article R&RE, p. 1566, § 1, effective June 7. L. 2010: (2) and (3) amended, (SB 10-034), ch. 376, p. 1769, § 11, effective July 1.

Editor's note: This section is similar to former § 35-9-105 as it existed prior to 1990.

35-9-117. Dealer and refiller records and reports - rules.

1. Licensed pesticide dealers shall keep records of designated sales in the form and manner designated by the commissioner.
2. Such records shall be kept at the address designated on the license application or on a change report as required by section 35-9-115 (4) for a period of two years from the date of the sale of such pesticide.
3. Licensees shall submit such additional reports as may be required by the commissioner.
4. Refillers shall keep and maintain records in the form and manner specified by the commissioner by rule.

Source: L. 90: Entire article R&RE, p. 1566, § 1, effective June 7. L. 2010: (4) added, (SB 10-034), ch. 376, p. 1769, § 12, effective July 1.

35-9-117.5. Refillable container residue removal requirements - rules.

A refiller shall comply with refillable container residue removal requirements established by the commissioner by rule.

Source: L. 2010: Entire section added, (SB 10-034), ch. 376, p. 1769, § 13, effective July 1.

35-9-118. Powers and duties of the commissioner - rules.

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, but not limited to:
   1. Declaring to be a pest any form of plant or animal life or virus which is injurious to plants, animals, or persons, or to land or any inanimate objects, or to the environment;
   2. Determining that certain pesticides are highly toxic to people; except that, in making this determination, the commissioner shall be guided by the criteria set forth in 40 CFR 156.62, as amended;
   3. 1. Adopting a list of restricted use pesticides or limited use pesticides for the state or designated areas within this state if the commissioner determines that such pesticides require rules restricting their distribution or use. The commissioner may include in the rule the time and conditions of distribution or use of such restricted use or limited use pesticides and may require that any such pesticide be purchased, possessed, or used only under permit of the commissioner and under his supervision. The commissioner may require all persons issued such permits to maintain records regarding the use of such pesticides.
      2. Nothing in this paragraph (c) shall require the commissioner to adopt a list of pesticides which are registered by the EPA pursuant to section 18 or 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended, or are restricted by the EPA pursuant to section 3 of said act.
   4. Determining standards for denaturing any pesticides, including, but not limited to, any arsenicals, fluorides, or fluosilicates by color, taste, odor, or form;
   5. The collection and examination of samples of pesticides or devices;
   6. The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; except that, with respect to the adoption of rules or regulations concerning the transportation of pesticides or the disposal of pesticides and their containers, such rules shall be promulgated in concert with, and shall not be duplicative of, rules adopted by the department of transportation and the department of public health and environment, respectively;
   7. Restricting or prohibiting the use of certain types or sizes of containers or packages for specific pesticides; except that the commissioner shall be guided by federal regulations concerning pesticide containers;
   8. Determining labeling requirements for all pesticides required to be registered under the provisions of this article and any rules or regulations adopted pursuant thereto;
   9. Classifying or subclassifying any pesticide registration, device registration, or pesticide dealer license.
   1. (2.5) (a) The commissioner shall expedite, to the extent practicable and efficient, the processing of applications for the issuance of a special local needs registration made pursuant to section 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended.
   2. Notwithstanding section 35-9-113 (1)(b)(IV)(D), the commissioner shall not deny registration of a pesticide product pursuant to this article for which a special local needs registration has been issued pursuant to section 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended, for the reason that a contract between a grower or grower's group and a manufacturer or seller includes contractual provisions limiting liability of the manufacturer or seller.
3. 1. The commissioner shall promulgate rules, pursuant to article 4 of title 24, to determine the annual registration fee for each pesticide registered. For the purpose of funding the department of agriculture's state waters protection efforts, the fee must include an increment as approved by the agricultural commission in consultation with the advisory committee created in section 35-10-125, which increment, along with the remainder of the fee, shall be collected by the commissioner and 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.
   2. The commissioner shall promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., to determine the amount of any licensing, renewal, or penalty fee authorized under this article.
4. The commissioner is authorized to enter into cooperative agreements with any agency or political subdivisions of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving grants-in-aid, securing uniformity of rules, and entering into reciprocal registration and licensing agreements.

   (4.5) Repealed.

5. The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
6. The commissioner is authorized to conduct hearings required under sections 35-9-121 and 35-9-122 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the department.

Source: L. 90: Entire article R&RE, p. 1567, § 1, effective June 7. L. 91: (2)(f) amended, p. 1074, § 57, effective July 1. L. 94: (3)(a) amended, p. 1644, § 75, effective May 31; (2)(f) amended, p. 2804, § 572, effective July 1. L. 98: (2.5) added, p. 721, § 2, effective May 18; (3)(a) amended, p. 1341, § 63, effective June 1. L. 99: (4.5) added, p. 1324, § 4, effective July 1. L. 2004: (4.5) amended, p. 1044, § 13, effective July 1. L. 2005: (3)(a) amended, p. 1268, § 4, effective July 1. L. 2008: (4.5) repealed, p. 1625, § 3, effective August 5. L. 2009: (3)(a) amended, (HB 09-1249), ch. 87, p. 316, § 4, effective July 1. L. 2010: IP(2) and (2)(b) amended, (SB 10-034), ch. 376, p. 1769, § 14, effective July 1. L. 2019: (3)(a) amended, (SB 19-186), ch. 422, p. 3690, § 4, effective August 2.

Editor's note: This section is similar to former §§ 35-9-104, 35-9-105, and 35-9-106 as they existed prior to 1990.

Cross references: (1) For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.; for provisions concerning administrative law judges, see part 10 of article 30 of title 24.

(2) For the legislative declaration contained in the 1999 act enacting subsection (4.5), see section 1 of chapter 318, Session Laws of Colorado 1999.

35-9-119. Investigations - access - subpoena.

1. The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article.
2. 1. At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:
      1. To all buildings, yards, warehouses, and storage facilities in which any pesticides are kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;
      2. To all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
   2. The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
3. Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee or registrant.

Source: L. 90: Entire article R&RE, p. 1568, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-107 as it existed prior to 1990.

35-9-120. Prohibited acts.

1. It is unlawful and a violation of this article for any person:
   1. To distribute within the state or deliver for transportation in intrastate commerce or transport between points within this state through any point outside this state any of the following:
      1. Any pesticide or device which has not been registered pursuant to the provisions of this article and any rules and regulations adopted pursuant thereto;
      2. Any pesticide or device if any of the claims made for it or any of the directions for its use or any other labeling differs from the representations made in connection with its registration or reregistration; except that, at the discretion of the commissioner, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product;
      3. Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container a label bearing the information required in this article and the rules adopted pursuant to this article, and, if there is an outside container or wrapper of such retail package through which the required information cannot be clearly read, there is an additional label on such container or wrapper containing such information;
      4. Any pesticide which is adulterated or misbranded, or any device which is misbranded;
      5. Any pesticide in any container which violates rules adopted pursuant to this article or in any container which is unsafe due to damage;
   2. To distribute any pesticide to any person who is required by law or rules adopted under such law to be certified, licensed, or have a permit to use or purchase the pesticide unless such person or the person's agent, to whom sale or delivery is made, has a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered; except that, subject to conditions established by the commissioner, such permit may be obtained immediately prior to sale or delivery from any person so designated by the commissioner;
   3. To detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this article or rules adopted pursuant thereto, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this article or the rules adopted pursuant thereto;
   4. To use or cause to be used any pesticide contrary to the rules and restrictions adopted pursuant to section 35-9-118 (2)(c);
   5. To use for the person's own advantage or to reveal, other than under the authority of section 35-9-109, any information relative to formulas of products acquired by authority of section 35-9-107 (1)(d);
   6. To perform any of the acts or to hold oneself out as being qualified to perform any of the acts for which licensure as a pesticide dealer is required without possessing a valid license to do so;
   7. 1. To make false, misleading, deceptive, or fraudulent representations through any media regarding:
         1. Pesticides or any aspect of their use, including, but not limited to, representations regarding their safety and effectiveness; or
         2. Devices or any aspect of their use, including, but not limited to, representations regarding their safety and effectiveness.
      2. It is a false representation to make claims as to the safety of any pesticide or device or their components or ingredients, including, but not limited to, such claims as "safe", "noninjurious", "harmless", or "nontoxic to humans and pets", with or without such qualifying phrases as "when used as directed" and "when properly applied".
   8. To refuse or neglect to comply with the provisions of this article;
   9. To refuse or neglect to comply with any rule adopted under this article, or any lawful order of the commissioner;
   10. To impersonate any state, county, or city inspector or official;
   11. To make a false statement in any invoice, record, report, or application required under this article or any rule promulgated under this article; or
   12. To make any fraudulent statements in any confidentiality agreement authorized pursuant to section 35-9-109 or to violate any of the provisions of said agreement.
2. It is unlawful and a violation of this article for any pesticide dealer:
   1. To store pesticides in a manner inconsistent with labeling directions, except as provided by law, or in a fraudulent, faulty, unsafe, or negligent manner;
   2. To dispose of empty pesticide containers or unused materials inconsistent with labeling directions or in a negligent or unsafe manner;
   3. To permit the use of his license by persons to whom the license was not issued;
   4. To fail to maintain records and file reports as required by this article or rules adopted pursuant thereto;
   5. To fail to notify the commissioner of any change of address within thirty days after said change of address;
   6. To make a false statement of fact in any invoice or any record, report, or application required by this article or by any rule adopted pursuant thereto; or
   7. To sell a pesticide without having an appropriately licensed pest control consultant supervising said sale.

   (2.5) It is unlawful and a violation of this article for any refiller:

   1. To fail to maintain any records or reports required under this article or any rule promulgated under this article;
   2. To make a false statement of fact in any record or report required by this article or any rule promulgated under this article; or
   3. To fail to clean a refillable container in accordance with residue removal procedures specified by the commissioner by rule.
3. Any violation of paragraph (a), (c), (f), or (g) of subsection (1) of this section is a deceptive trade practice and is subject to the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.

Source: L. 90: Entire article R&RE, p. 1569, § 1, effective June 7. L. 2010: (1)(j) and (3) amended and (1)(j.5) and (2.5) added, (SB 10-034), ch. 376, pp. 1769, 1770, §§ 15, 16, effective July 1.

Editor's note: This section is similar to former § 35-9-103 as it existed prior to 1990.

35-9-121. Enforcement.

1. The commissioner or his designee shall enforce the provisions of this article.
2. 1. Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
   2. 1. At any time after service of the order to cease and desist, the person may request, at his discretion, an immediate hearing or a hearing not more than ten days, excluding Saturdays, Sundays, and legal holidays, after such request to determine whether a violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S.
      2. The registrant shall pay a penalty fee of one hundred dollars, in addition to any other assessed penalty, if the commissioner determines that the registrant has violated this article or any rule promulgated under this article after a hearing is held pursuant to subparagraph (I) of this paragraph (b).
   3. In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.
   4. No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
   5. Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.
3. Whenever the commissioner possesses evidence satisfactory to him that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule adopted under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

Source: L. 90: Entire article R&RE, p. 1571, § 1, effective June 7. L. 2005: (2)(b) amended, p. 1268, § 5, effective July 1.

Editor's note: This section is similar to former § 35-9-107 as it existed prior to 1990.

35-9-122. Denial - suspension - revocation.

1. The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition, or deny, refuse to renew, suspend, or revoke any pesticide or device registration or any pesticide dealer license if the applicant, holder of the registration, or licensee:
   1. Has refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the commissioner;
   2. Has been convicted of a felony for an offense related to conduct regulated by this article;
   3. Has used fraud or deception in the procurement or attempted procurement of any registration or license authorized under this article, or the renewal thereof;
   4. Has failed to comply with a lawful order of the commissioner;
   5. Has had an equivalent registration or license canceled, denied, revoked, or suspended by any authority;
   6. Has been adjudicated a violator or has committed a violation of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended; except that a consent decree entered into with the environmental protection agency shall not be considered a violation of such act unless an order from the regional administrator of the environmental protection agency or the consent decree shall specifically state that a violation has occurred;
   7. Has refused to provide the commissioner with reasonable, complete, and accurate information regarding methods or materials used or work performed when requested by the commissioner; or
   8. Has falsified any information requested by the commissioner.
2. In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee or holder of a registration from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
3. No licensee whose license has been revoked may apply or reapply for a license under this article until two years from the date of such revocation.

Source: L. 90: Entire article R&RE, p. 1571, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-109 as it existed prior to 1990.

Cross references: For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.

35-9-123. Embargo.

1. This section shall apply whenever the commissioner finds or has reasonable cause to believe that any pesticide or device:
   1. Is adulterated or misbranded;
   2. Has not been registered under the provisions of this article;
   3. Fails to bear on its label the information required by this article; or
   4. Is in violation of any provision of this article or any rule made pursuant to this article.
2. If any of the conditions specified in subsection (1) of this section apply, the commissioner may affix to such pesticide or device a tag or other appropriate marking giving notice thereof and stating that the pesticide or device has been detained or embargoed and warning all persons not to remove or dispose of such pesticide or device by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.
3. [ Editor's note: This version of subsection (3) is effective until March 1, 2022.] Any person who removes or disposes of such detained or embargoed pesticide or device by sale or otherwise, without prior permission, or removes or alters the tag or marking commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. In addition, such person may be subjected to appropriate administrative proceedings.

   (3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] Any person who removes or disposes of such detained or embargoed pesticide or device by sale or otherwise, without prior permission, or removes or alters the tag or marking commits a class 2 misdemeanor. In addition, such person may be subjected to appropriate administrative proceedings.

4. When a pesticide or device detained or embargoed under subsection (2) of this section has been found by the commissioner to be in violation of any provision of this article or any rule promulgated pursuant to this article and if the violation has not been resolved in thirty days, the commissioner may petition a court of competent jurisdiction for a condemnation of such pesticide or device. When the commissioner has found that a pesticide or device so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.
5. If the court finds that a detained or embargoed pesticide or device is in violation of this article or rules adopted thereunder, such pesticide or device shall after entry of the decree be destroyed at the expense of the owner, claimant, or custodian thereof, under the supervision of the commissioner, and all court costs and attorney fees and storage and other proper expenses shall be assessed against the owner, claimant, or custodian of such pesticide or device or his agent. However, if the adulteration or misbranding can be corrected by proper labeling or processing of the pesticide or device, the court, after entry of the decree and after such costs, attorney fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of such pesticide or device, may by order direct that such pesticide or device be delivered to the owner, claimant, or custodian thereof for such labeling or processing under the supervision of the commissioner. The expense of such supervision shall be paid by the owner, claimant, or custodian. The pesticide or device shall be returned to the owner, claimant, or custodian of the pesticide or device on the representation to the court by the commissioner that the pesticide or device is no longer in violation of this article and that the expenses of such supervision have been paid.

Source: L. 90: Entire article R&RE, p. 1572, § 1, effective June 7. L. 2002: (3) amended, p. 1547, § 304, effective October 1. L. 2021: (3) amended, amended, (SB 21-271), ch. 462, p. 3277, § 617, effective March 1, 2022.

35-9-124. Civil penalties.

1. Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed five thousand dollars per violation. Each day the violation occurs shall constitute a separate violation.
2. No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
3. If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
4. Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.

Source: L. 90: Entire article R&RE, p. 1573, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-109 as it existed prior to 1990.

35-9-125. Criminal penalties.

1. No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(e), (1)(f), (1)(j), (1)(k), or (2)(c).
2. [ Editor's note: This version of subsection (2) is effective until March 1, 2022.] Any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g) or 35-9-123 (3) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

   (2) [ Editor's note: This version of subsection (2) is effective March 1, 2022. ] Any person who violates any of the provisions of section 35-9-120 (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g) or 35-9-123 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

3. [ Editor's note: This version of subsection (3) is effective until March 1, 2022.] Any person who violates section 35-9-120 (1)(g), (2)(d), or (2)(f) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

   (3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] Any person who violates section 35-9-120 (1)(g), (2)(d), (2)(e), or (2)(f) commits a petty offense and shall be punished as provided in section 18-1.3-503.

4. 1. Any person who violates any of the provisions of section 35-9-120 (2)(e) commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
   2. This subsection (4) is repealed, effective March 1, 2022.

Source: L. 90: Entire article R&RE, p. 1573, § 1, effective June 7. L. 2002: (2), (3), and (4) amended, p. 1547, § 305, effective October 1. L. 2021: (2) and (3) amended, (SB 21-271), ch. 462, p. 3277, § 618, effective March 1, 2022; (4)(b) added by revision, (SB 21-271), ch. 462, pp. 3277, 3331, §§ 618, 803.

35-9-126. Pesticide fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees.

1. All fees and civil fines collected pursuant to this article 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. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the pesticide fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
2. (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 316, § 5, effective July 1, 2009.)

Source: L. 90: Entire article R&RE, p. 1574, § 1, effective June 7. L. 2006: (1) amended, p. 1267, § 20, effective January 1, 2007. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 316, § 5, effective July 1.

35-9-127. Advisory committee.

An advisory committee, as established pursuant to article 10 of this title, shall assist the commissioner as set forth therein and in developing rules and regulations to carry out the provision of this article.

Source: L. 90: Entire article R&RE, p. 1574, § 1, effective June 7.

Editor's note: This section is similar to former § 35-9-106 as it existed prior to 1990.

35-9-128. Information.

The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to pesticides and conduct workshops for the purpose of informing pesticide dealers of new developments in the field of pesticides.

Source: L. 90: Entire article R&RE, p. 1574, § 1, effective June 7.

35-10-101. Short title.

This article shall be known and may be cited as the "Pesticide Applicators' Act".

Source: L. 90: Entire article R&RE, p. 1576, § 1, effective May 31.

Editor's note: This section is similar to former § 35-10-101 as it existed prior to 1990.

35-10-102. Legislative declaration.

The general assembly hereby finds and declares that pesticides perform a valuable function in controlling insects, rodents, weeds, and other forms of life which may be injurious to crops, livestock, and other desirable forms of plant and animal life, to structures, and to individuals. The general assembly further finds and declares that pesticides contain toxic substances which may pose a serious risk to the public health and safety and that regulation of pesticide use is necessary to prevent adverse effects on individuals and the environment.

Source: L. 90: Entire article R&RE, p. 1576, § 1, effective May 31.

Editor's note: This section is similar to former § 35-10-102 as it existed prior to 1990.

35-10-103. Definitions.

As used in this article, unless the context otherwise requires:

1. "Certified operator" means an individual who applies any restricted-use pesticides for a commercial applicator, registered limited commercial applicator, or registered public applicator, without the on-site supervision of a qualified supervisor and that should be licensed pursuant to section 35-10-114.
2. "Commercial applicator" means any person, other than a private applicator, who engages in the business of applying pesticides for hire or operating a device for hire that is designated by the commissioner as requiring licensure for use under this article.
3. "Commissioner" means the commissioner of agriculture.
4. "Department" means the department of agriculture.
5. "Device" means any instrument or contrivance, other than a firearm, intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, viruses, or other microorganisms on or in living man or other living animals); except that "device" shall not include equipment used for the application of pesticides when sold separately therefrom.
6. "EPA" means the United States environmental protection agency.
7. "General-use pesticide" means any pesticide so designated by the commissioner or the administrator of the EPA.
8. "Limited commercial applicator" means any person engaged in applying pesticides in the course of conducting a business other than the production of any agricultural commodity; except that such application shall be only in or on property owned or leased by the person or the person's employer.

   (8.5) "Local government" means a county, home rule county, city, town, city and county, home rule city, special district, or other political subdivision of the state.

9. "Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or in other living animals) which the commissioner or the administrator of the EPA declares to be a pest.
10. "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term "pesticide" shall not include any article that is a "new animal drug" as designated by the United States food and drug administration.
11. "Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof; except that "plant regulator" shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, "plant regulator" shall not be required to include any of those nutrient mixtures or soil amendments which are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, which are not for pest destruction and which are nontoxic and nonpoisonous in the undiluted packaged concentration.

    (11.5) "Private applicator" means any person who uses or supervises the use of a pesticide for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer or, if the pesticide is applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.

12. "Public applicator" means any agency of the state, any county, city and county, or municipality, or any other local governmental entity or political subdivision which applies pesticides.
13. "Qualified supervisor" means any individual who, without supervision, evaluates pest problems or recommends pest controls using pesticides or devices that require licensure under this article for use; mixes, loads, or applies any pesticide; sells pesticide application services; operates devices that require licensure under this article for use; or supervises others in any of these functions.
14. "Restricted-use pesticide" means any pesticide designated as a restricted- or limited-use pesticide by the commissioner or as a restricted-use pesticide by the administrator of the EPA.
15. 1. "Technician" means any individual who:
       1. Uses, under the supervision of a qualified supervisor, a device that requires licensure under this article for use;
       2. Mixes, loads, or applies general-use pesticides under the supervision of a qualified supervisor, mixes or loads restricted-use pesticides under the supervision of a qualified supervisor, or applies restricted-use pesticides under the on-site supervision of a qualified supervisor; or
       3. Evaluates pest problems, recommends products or treatments for pest problems, or sells application services under the supervision of a qualified supervisor.
    2. "Technician" does not include any individual whose duties are solely clerical or janitorial or otherwise completely disassociated from pest control.
16. "Under the on-site supervision of" refers to work performed by an individual acting under the instruction and control of a qualified supervisor who is present at the work site at the time the work is being performed.
17. "Under the supervision of" refers to work performed by an individual acting under the instruction and control of a qualified supervisor, even if the qualified supervisor is not physically present at the work site at the time the work is performed.
18. "Use" means all aspects of the handling of pesticides, including but not limited to the mixing, loading, application or administration, spill control, and disposal of a pesticide or its container.

Source: L. 90: Entire article R&RE, p. 1576, § 1, effective May 31. L. 96: (8) and (15)(a)(II) amended and (8.5) and (18) added, p. 1373, § 1, effective July 1. L. 2006: (1), (2), and (8) amended and (11.5) added, p. 1259, § 1, effective July 1; (2), (13), and (15)(a)(I) amended, p. 291, § 1, effective July 1.

35-10-104. Scope of article.

1. Any person who uses or supervises the use of any pesticide or device in the state of Colorado shall be subject to this article and to any rules adopted pursuant thereto.
2. (Deleted by amendment, L. 2006, p. 1260 , § 2, effective January 1, 2007.)

Source: L. 90: Entire article R&RE, p. 1578, § 1, effective May 31. L. 2006: Entire section amended, p. 1260, § 2, effective January 1, 2007.

35-10-105. Commercial applicator - business license required.

Any person acting as a commercial applicator must possess a valid commercial applicator business license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. A commercial applicator business license may only be issued for the class or subclass of pesticide application in which the qualified supervisor employed or otherwise retained by the commercial applicator is licensed.

Source: L. 90: Entire article R&RE, p. 1579, § 1, effective May 31.

Editor's note: This section is similar to former § 35-10-106 as it existed prior to 1990.

35-10-106. Commercial applicator - license requirements - application - fees.

1. As requisites for licensure, the applicant for a commercial applicator business license shall:
   1. Obtain liability insurance in the minimum amount of four hundred thousand dollars with the provision that such policy shall not be canceled unless written notice is provided to the commissioner at least ten days prior to such cancellation; except that liability insurance policies containing a so-called "pollution exclusion" shall satisfy this paragraph (a);
   2. Employ or secure the services by documented agreement of a qualified supervisor who is licensed in the class or subclass of pesticide application or device use performed by the business;
   3. Provide verifiable training to all technicians in his employ according to standards adopted by the commissioner;
   4. Identify all pesticide application equipment in the form and manner prescribed by the commissioner;
   5. If it engages in aerial application of pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.
2. Each applicant for a commercial applicator business license shall submit an application providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that the applicant has complied with subsection (1) of this section.
3. 1. If a commercial applicator operates under more than one business name from a single location, the name of each such business providing services related to pesticide application shall be listed with the commissioner in the form and manner he shall designate. The commissioner may require that a separate fee be paid for each business name so listed.
   2. No additional commercial applicator business license shall be required for such additional business names.
   3. If a commercial applicator operates under more than one business name from a single location, the applicator must maintain separate pesticide application records pursuant to section 35-10-111 and separate business records for each such business name.
4. Each applicant for a commercial applicator business license shall pay a license fee in an amount determined by the commissioner.
5. The expiration date of each commercial applicator business license shall be determined by the commissioner, but the duration of such license shall not exceed three years.
6. Each licensee shall report to the commissioner, in the form and manner the commissioner shall designate, any change to the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.

Source: L. 90: Entire article R&RE, p. 1579, § 1, effective May 31. L. 2006: (1)(b) and (5) amended, p. 291, § 2, effective July 1.

Editor's note: This section is similar to former §§ 35-10-106, 35-10-108, and 35-10-110 as they existed prior to 1990.

35-10-107. Commercial applicator business license - renewals.

1. Each commercial applicator shall make an application to renew its business 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 renewal fee.
2. If the application for renewal is not received on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.
3. If the application and fee for renewal are not received on or before the thirtieth day following the expiration date of the license, the business license shall not be renewed, and the commercial applicator shall apply for a new license.

Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 292, § 3, effective July 1. L. 2015: (2) and (3) amended, (SB 15-119), ch. 201, p. 694, § 4, effective May 19.

Editor's note: This section is similar to former § 35-10-109 as it existed prior to 1990.

35-10-108. Commercial applicators - invoice notice.

Commercial applicators shall include a statement in conspicuous type on each customer invoice that indicates that commercial applicators are licensed by the department. Said statement shall be exactly prescribed by rule adopted by the commissioner.

Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31.

35-10-109. Limited commercial and public applicators - no business license required - training - rules.

1. A business license is not required for limited commercial or public applicators; except that the commissioner shall require such applicators that apply restricted-use pesticides to register with the department. The commissioner shall determine the form and manner of the registration, as well as the amount of any administrative fees associated with the registration. A limited commercial or public applicator may register voluntarily, regardless of whether the applicator applies restricted-use pesticides, by submitting a request in the form and manner specified by the commissioner.
2. 1. A public applicator shall not allow a person working for it to apply a general-use pesticide that has been listed by the commissioner by rule unless the person has been trained in the core elements of pesticide use as required by the commissioner by rule. The public applicator shall maintain a record of the training as specified by the commissioner by rule.
   2. The owner or designee of a limited commercial applicator must be trained in the core elements of pesticide use as required by the commissioner by rule before applying a general-use pesticide that has been listed by the commissioner by rule. The limited commercial applicator shall maintain a record of the training as specified by the commissioner by rule.

Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 3, effective January 1, 2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 695, § 6, effective May 19.

Editor's note: This section is similar to former § 35-10-113 as it existed prior to 1990.

35-10-110. Registered limited commercial and registered public applicators - requirements for operation.

1. For each class or subclass of pesticide application a registered limited commercial or registered public applicator applies, the applicator shall employ at least one qualified supervisor who is licensed in that class or subclass of pesticide application or shall secure the services of such qualified supervisor by documented agreement.
2. Notwithstanding subsection (1) of this section, no registered public applicator shall be required to pay licensing or certification fees for any qualified supervisor or certified operator whom the applicator may employ.
3. Every registered limited commercial or registered public applicator shall provide verifiable training to all technicians in its employ according to standards adopted by the commissioner. Such standards shall be identical to those adopted by the commissioner with respect to commercial applicators pursuant to section 35-10-106 (1)(c).
4. If the commissioner, pursuant to section 35-10-109, establishes a registry of limited commercial and public applicators, he or she may also require that each registered applicator report, in the form and manner the commissioner shall designate, any change to the information provided by such applicator to the registry or in any such reports previously submitted, within fifteen days after said change.

Source: L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 4, effective January 1, 2007.

Editor's note: This section is similar to former § 35-10-113 as it existed prior to 1990.

35-10-111. Record-keeping requirements.

1. Each commercial, registered limited commercial, licensed private, and registered public applicator shall keep and maintain records of each pesticide application in the form and manner designated by the commissioner. The applicator shall retain the records for three years after the date of the pesticide application; except that the record retention period for private applicators is two years.
2. The records shall be kept as follows:
   1. For a commercial applicator, at the address specified in the application for the commercial applicator's business license;
   2. For a registered limited commercial or registered public applicator, at the address specified in the registry authorized in section 35-10-109; or
   3. For a licensed private applicator, at the address of record on file with the commissioner.

Source: L. 90: Entire article R&RE, p. 1581, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 5, effective January 1, 2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 694, § 3, effective May 19.

Editor's note: This section is similar to former § 35-10-111 as it existed prior to 1990.

35-10-112. Notification requirements - registry of pesticide-sensitive persons - preemption - rules.

1. 1. The commissioner shall promulgate rules for the establishment of a registry of pesticide-sensitive persons to be maintained by the department. Pesticide-sensitive persons may apply to be placed on the registry if they can provide proof of medical justification by a physician licensed in Colorado in the form and manner prescribed by the commissioner. The proof of medical justification shall be updated every two years. The registry shall be updated at least annually, and the published registry shall be made readily accessible, in a form and manner prescribed by the commissioner, to all commercial, registered limited commercial, and registered public applicators on record with the commissioner.
   2. The commissioner shall provide standardized notification signs to any person accepted for the registry for such person to post on his property. These signs shall be designed, manufactured, and distributed solely by the department.
   3. 1. A commercial, registered limited commercial, or registered public applicator, prior to applying a pesticide in any turf or ornamental category, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and:
         1. Who resides on the property to be treated;
         2. Resides on property that abuts the property to be treated; or
         3. Resides in a multi-unit dwelling that abuts a common area to be treated.
      2. If two property sites would be considered to be abutting but for the fact that such sites are separated by an alley, for the purposes of this section such sites are deemed to be abutting.
   4. A commercial, registered limited commercial, or registered public applicator in the wood-destroying organism pest control, residential or commercial pest control, or interior plant pest control categories, prior to making a structural pesticide application to a multi-unit dwelling, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and who resides at that multi-unit dwelling.
   5. The commissioner may establish rules to further clarify the circumstances and manner in which notice shall be given to pesticide-sensitive persons.
2. 1. Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any turf or ornamental category shall, at the time of application, post a sign or signs notifying the public of the application. Such signs shall be posted at any conspicuous point or points of entry to the property receiving the application.
   2. Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any aquatic category shall post, at the time of application, a sign or signs notifying the public of the application. Such signs shall be posted in the manner designated by the commissioner through the adoption of rules pursuant to article 4 of title 24, C.R.S.
   3. The notice-of-application signs specified in paragraphs (a) and (b) of this subsection (2) shall be water resistant and shall measure at least four inches in height and five inches in width. Each sign shall contain the following information in black lettering and symbols on a bright yellow background:
      1. The word "WARNING", in at least sixty-point bold-faced type;
      2. The words "PESTICIDES APPLIED", in at least twenty-four-point bold-faced type;
      3. The symbol of a circle at least two inches in diameter with a diagonal slash over an adult, child, and dog; and
      4. The name of the commercial, registered limited commercial, or registered public applicator that made the application, in at least eighteen-point bold-faced type.
   4. If a commercial or registered limited commercial applicator makes a pesticide application on a commercial property site pursuant to paragraph (a) or (b) of this subsection (2) and an owner of the site or an agent of an owner of the site is not present at the site, then, in addition to the information required by paragraph (c) of this subsection (2), the notice-of-application signs posted by the applicator at the site shall also contain the following information in black lettering and symbols on a bright yellow background in at least eighteen-point bold-faced type:
      1. The telephone number of the applicator;
      2. The name of the pesticide applied; and
      3. The date the pesticide was applied.
3. No county, city and county, municipality, home rule county, home rule city and county, or home rule municipality shall enact or impose any notification requirements upon commercial applicators which are more stringent than those imposed by this article; except that each county, city and county, municipality, home rule county, home rule city and county, and home rule municipality shall retain the authority to impose any notification requirements upon private individuals, property owners, and the general public. Any such notification requirement imposed by any county, city and county, municipality, home rule county, home rule city and county, or home rule municipality on private individuals, property owners, or the general public shall not be held to be applicable to any commercial applicator, nor shall any commercial applicator be exposed to any liability for a failure to comply with any such notification requirement.

Source: L. 90: Entire article R&RE, p. 1581, § 1, effective May 31. L. 96: (1)(a), (1)(c), and (3) amended and (2)(d) added, p. 1374, §§ 2, 3, effective July 1. L. 2006: (1)(a) and (1)(c) amended and (1)(d) and (1)(e) added, p. 292, § 4, effective July 1; (1)(a), (1)(c), (2)(a), (2)(b), IP(2)(c), (2)(c)(IV), and IP (2)(d) amended and (1)(d) added, p. 1262, § 6, effective January 1, 2007.

Editor's note: Amendments to subsections (1)(a), (1)(c), and (1)(d) by House Bill 06-1239 and House Bill 06-1274 were harmonized.

35-10-112.5. Statewide uniformity of pesticide control and regulation - exceptions.

1. The general assembly hereby determines that:
   1. The citizens of this state benefit from a system of safe, effective, and scientifically sound pesticide regulation;
   2. A system of pesticide regulation that is consistent and coordinated, that creates statewide uniform standards, and that conforms with both state and federal technical standards and requirements is essential to the public health, safety, and welfare, and finds that local regulation of pesticides that is inconsistent with and adopts different standards from federal and state requirements does not assist in achieving these benefits;
   3. Through statute and regulation, the state has created a system of pesticide regulation based upon scientific standards that protects the citizens of this state;
   4. Although the cultivation of marijuana is illegal under federal law and so the use of pesticides in cultivating marijuana is not specifically allowed by any pesticide's label, the cultivation of marijuana is specifically allowed and regulated by Colorado law, and the use of pesticides should be regulated pursuant to this article and rules promulgated pursuant to this article rather than pursuant to local laws; and
   5. Pesticide regulation is a matter of statewide concern.
2. A local government shall not adopt or continue in effect any ordinance, rule, resolution, charter provision, or statute regarding the use of any pesticide by persons regulated by this article or federal law and pertaining to:
   1. Any labeling or registration requirements for pesticides, including requirements regarding the name of the product, the name and address of the manufacturer, and any applicable registration numbers;
   2. 1. The use and application of pesticides by persons regulated by this article or federal law, including but not limited to, directions for use, classification of pesticides as general or restricted use, mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker specifications, container storage and disposal, required intervals between application and harvest of food or feed crops, rotational crop restrictions, and warnings against use on certain crops, animals, or objects or against use in or adjacent to certain areas.
      2. Subparagraph (I) of this paragraph (b) applies to the use and application of pesticides by persons regulated by this article or federal law in connection with the cultivation of marijuana.
   3. Except as specifically provided in this article, any warnings and precautionary statements, notifications, or statements of practical treatment; or
   4. Licensure, training, or certification requirements for persons regulated under this article, including any insurance and record-keeping requirements.
3. 1. Nothing in this article may be construed to limit the authority of a local government as defined by state law to:
      1. Zone for the sale or storage of any pesticide, provide or designate sites for disposal of any pesticide or pesticide container, adopt or enforce building and fire code requirements, regulate the transportation of pesticides consistently with and in no more strict of a manner than state and federal law, adopt regulations pursuant to a storm water management program that is consistent with federal or state law, or adopt regulations to protect surface or groundwater drinking water supplies consistent with state or federal law concerning the protection of drinking water supplies;
      2. Take any action specifically authorized or required by any federal or state law or regulation with respect to pesticides, or to take any action otherwise prohibited by this article in order to comply with any specific federal or state requirement or in order to avoid a fine or other penalty under federal or state law;
      3. Regulate the use of pesticides on property owned or leased by the local government;
      4. Issue local general occupational licenses to persons regulated by this article.
   2. This subsection (3) does not authorize a local government to utilize the police power or the authority to zone, to provide or designate disposal sites, to adopt and enforce building and fire codes, or to regulate the transportation of pesticides as described in paragraph (a) of this subsection (3) to directly or indirectly regulate or prohibit the application of pesticides by persons regulated by this article or by federal law, including in connection with the cultivation of marijuana.
   3. Nothing in this article shall be construed to be an implicit grant of authority to a local government that is not otherwise granted by state law.
4. Any local government that promulgates an ordinance that concerns pesticides, that is promulgated pursuant to section 31-15-707 (1)(b), C.R.S., or that is promulgated pursuant to any authority described in paragraph (a) of subsection (3) of this section concerning pesticides shall file the following with the department of agriculture:
   1. A certified copy of the ordinance; and
   2. A map or legal description of the geographic area that the local government intends to regulate under the ordinance.

Source: L. 96: Entire section added, p. 1375, § 4, effective July 1. L. 2015: (1), IP(2), (2)(b), and (3)(b) amended, (HB 15-1367), ch. 271, p. 1081, § 20, effective June 4, 2016.

Cross references: For the legislative declaration in HB 15-1367, see section 1 of chapter 271, Session Laws of Colorado 2015.

35-10-113. Qualified supervisor - license required.

Any individual acting as a qualified supervisor must possess a valid qualified supervisor license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.

Source: L. 90: Entire article R&RE, p. 1582, § 1, effective May 31.

Editor's note: This section is similar to former § 35-10-105 as it existed prior to 1990.

35-10-114. Certified operator - license required.

Any individual acting as a certified operator shall possess a valid certified operator license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.

Source: L. 90: Entire article R&RE, p. 1582, § 1, effective May 31. L. 96: Entire section amended, p. 1377, § 5, effective July 1.

Editor's note: This section is similar to former § 35-10-105 as it existed prior to 1990.

35-10-114.5. Private applicator - license required.

Any private applicator who uses or supervises the use of a restricted-use pesticide shall possess a valid private applicator license issued by the commissioner in accordance with this article and any rules adopted pursuant to this article. An unlicensed private applicator may use a restricted-use pesticide under the supervision of a licensed private applicator for uses authorized by the licensed private applicator's license.

Source: L. 2006: Entire section added, p. 1263, § 7, effective January 1, 2007.

35-10-114.7. Licensed private applicators - rules - repeal. (Repealed)

Source: L. 2006: Entire section added, p. 1263, § 8, effective July 1.

Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2007. (See L. 2006, p. 1263 .)

35-10-115. Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees.

1. Each applicant for a qualified supervisor, certified operator, or private applicator license shall:
   1. Pass a written examination in each class or subclass of pesticide application, or device use, in which he or she wishes to be licensed;
   2. Possess the degree of experience and any other qualifications which may be required by the commissioner for licensure under this section; and
   3. If he wishes to be licensed to engage in aerial application of pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.
2. Each applicant for licensure under this section shall submit an application providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that such applicant has complied with subsection (1) of this section.
3. Each licensee shall be required to report to the commissioner, in the form and manner he shall designate, any change to the information provided in such licensee's application or in any such reports previously submitted, within fifteen days of such change.
4. Each applicant for a license issued under this section shall pay a license fee in an amount determined by the commissioner, after review by the advisory committee created in section 35-10-125.
5. The commissioner shall issue licenses to qualified private applicators on and after January 1, 2007. A license issued in Colorado by the United States environmental protection agency, issued to a private applicator before January 1, 2007, shall remain valid for purposes of this article through the expiration date of such license.

Source: L. 90: Entire article R&RE, p. 1582, § 1, effective May 31. L. 2006: (1)(a) amended, p. 293, § 5, effective July 1; IP(1) amended and (5) added, p. 1263, § 9, effective January 1, 2007.

35-10-116. Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement.

1. Licenses issued pursuant to section 35-10-115 shall be valid for a period determined by the commissioner, but the duration of such license shall not exceed three years.
2. A licensee licensed pursuant to section 35-10-115 may have the option to apply to renew a license without further examination if he has completed, within the previous three years, the competency requirements established by the commissioner.
3. A licensee shall submit a renewal application in the form and manner designated by the commissioner on or before the termination date of such license and shall pay a renewal fee in an amount determined by the commissioner.
4. If the application for renewal of any license issued pursuant to section 35-10-115 is not postmarked on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed and added to the renewal fee. No license shall be renewed until the total renewal fee is paid.
5. If the application and fee for renewal of any license issued pursuant to section 35-10-115 are not received on or before the thirtieth day following the expiration date of the license, the license shall not be renewed and the licensee shall apply for a new license.
6. Notwithstanding subsection (5) of this section, any license issued pursuant to this section that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:
   1. Application and payment of a reinstatement fee as determined by the commissioner; and
   2. Proof that all renewal requirements have been satisfied as of the expiration date of the license.
7. Licenses not reinstated within one hundred eighty days after the expiration date shall not be reinstated. The former holder of such a license who wishes to be licensed shall apply for a new license.

Source: L. 90: Entire article R&RE, p. 1583, § 1, effective May 31. L. 2006: (1) amended and (6) and (7) added, p. 293, § 6, effective July 1. L. 2015: (5) amended, (SB 15-119), ch. 201, p. 694, § 5, effective May 19.

35-10-117. Unlawful acts.

1. Unless otherwise authorized by law, it is unlawful and a violation of this article for any person:
   1. To perform any of the acts for which licensure as a commercial applicator, qualified supervisor, certified operator, or private applicator is required without possessing a valid license to do so;
   2. To hold oneself out as being so qualified to perform any of the acts for which licensure as a commercial applicator, qualified supervisor, or certified operator is required without possessing a valid license to perform such acts;
   3. To solicit, advertise, or offer to perform any of the acts for which licensure as a commercial applicator, qualified supervisor, or certified operator is required without possessing a valid license to perform such acts; to act as an agent for any principal to solicit from any person the purchase of pesticide application or pest control services from the principal when the principal does not possess a valid license to perform the services being offered; or to enter into a contract to perform such services;
   4. To refuse to comply with a cease-and-desist order issued pursuant to section 35-10-120;
   5. To refuse or fail to comply with the provisions of this article;
   6. 1. To make false, misleading, deceptive, or fraudulent representations.
      2. No claims of absolute safety shall be made for any product regulated by this article.
   7. To impersonate any state, county, city and county, or municipal official or inspector;
   8. To refuse or fail to comply with any rules or regulations adopted by the commissioner pursuant to this article or to any lawful order issued by the commissioner;
   9. To use, store, or dispose of pesticides, pesticide containers, rinsates, or other related materials, or to supervise or recommend such acts, in a manner inconsistent with labeling directions or requirements, unless otherwise provided for by law, or in an unsafe, negligent, or fraudulent manner; or
   10. To refuse or fail to comply with any requirements of the federal worker protection standards set forth in 40 CFR part 170.
2. It is unlawful and a violation of this article for any person acting as a commercial, registered limited commercial, or registered public applicator, or as a qualified supervisor or certified operator:
   1. To use, store, or dispose of pesticides, pesticide containers, rinsates, or other related materials, or to supervise or recommend such acts, in a manner inconsistent with labeling directions or requirements, unless otherwise provided for by law, or in an unsafe, negligent, or fraudulent manner;
   2. To use or recommend the use of any pesticide not registered with the department pursuant to article 9 of this title or to use or recommend the use of a pesticide in any manner inconsistent with the restrictions of the commissioner or the administrator;
   3. To use or recommend the use of any device that requires licensure for use in any manner inconsistent with the restrictions of the commissioner or the administrator;
   4. To use any device that requires licensure for use or any pesticide, or to direct or recommend such use, without providing appropriate supervision, including, but not limited to, the application of any pesticide without providing the supervision of a qualified supervisor licensed in that class or subclass of pesticide application;
   5. To maintain or supervise the maintenance of any device that requires licensure for use or pesticide application equipment, including, but not limited to, loading pumps, hoses, or metering devices, in an unsafe or negligent manner;
   6. To fail to provide the notification required pursuant to section 35-10-112 (1)(c);
   7. To make false or misleading representations or statements of fact in any application, record, or report required by this article or any rules or regulations adopted pursuant thereto;
   8. To fail to maintain or submit any records or reports required by this article or any rules or regulations adopted pursuant thereto.
3. It is unlawful and a violation of this article for any commercial applicator, qualified supervisor, or certified operator:
   1. To permit the use of his license by any other person;
   2. To use or supervise or recommend the use of any device that requires licensure for use, or any pesticide, which, including but not limited to generally accepted standards of practice, would be ineffective or inappropriate for the pest problem being treated;
   3. 1. To use any device that requires licensure for use or apply any pesticide or to recommend or supervise such acts in any manner that fails to meet generally accepted standards for such use or application except as provided by subparagraph (II) of this paragraph (c).
      2. If a commercial applicator receives instructions from a party contracting for such applicator's services and the commercial applicator knows or should know that using the device or applying the pesticide in the manner specified by the contracting party may not or does not meet generally accepted standards for such use or application, the commercial applicator must so inform the contracting party. If the contracting party, after being so advised, continues to require the commercial applicator to perform the application or use the device according to these instructions, the commercial applicator may follow these instructions for such application or use unless such application or use would violate any of the directions contained on the pesticide or the device or the labeling of either or would violate any provision of this article or article 9 of this title or any rule or regulation adopted pursuant to this article or article 9 of this title. If the commercial applicator complies with these requirements, the party contracting for such application of any pesticide or use of any device shall have no cause of action for damages against the commercial applicator if the application or use causes death or injury to the contracting party or his property or is unsatisfactory in its result, unless the contracting party establishes, by a preponderance of the evidence, that such death, injury, or unsatisfactory result resulted from negligence or an intentional act not encompassed within or necessitated by the instructions provided by such contracting party.
4. It is unlawful and a violation of this article for any commercial applicator:
   1. To operate any device that requires licensure for use, or to apply any pesticide, if the insurance required by section 35-10-106 (1)(a) is not in full force and effect at the time of such use or application, or if it does not have on file with the department, in the form and manner designated by the commissioner, verification that said insurance is in full force and effect;
   2. To fail to provide any customer with any information required to be so provided by this article or by any rules and regulations adopted pursuant thereto.
5. It is unlawful and a violation of this article for any employee or official of the department to disclose or use for his own advantage any information derived from any applications, reports, or records, including medical records, submitted to the department pursuant to this article or to reveal such information to anyone except authorized persons, who may include officials or employees of the state, the federal government, the courts of this or other states, and physicians.
6. The failure by any person to comply with the provisions of subsection (1)(a), (1)(b), (1)(c), (1)(f), or (4)(b) of this section is a deceptive trade practice and is subject to the protections of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.

Source: L. 90: Entire article R&RE, p. 1583, § 1, effective May 31. L. 2006: (2)(b), (2)(c), (2)(d), (3)(b), (3)(c)(I), and (4)(a) amended and (2)(b.5) added, p. 294, § 7, effective July 1; (1)(a) and IP(2) amended and (1)(i) and (1)(j) added, p. 1264, § 10, effective January 1, 2007.

Editor's note: This section is similar to former § 35-10-114 as it existed prior to 1990.

35-10-117.5. Unlawful acts for licensed private applicators.

1. It is unlawful and a violation of this article for a licensed private applicator:
   1. To make false or misleading representations or statements of fact in any license, application, record, or report required by this article or any rules adopted pursuant thereto;
   2. To fail to maintain or submit any records or reports required by this article or any rules adopted pursuant thereto; or
   3. To permit the use of a private applicator license by any person other than the person to whom the license was issued.

Source: L. 2006: Entire section added, p. 1264, § 11, effective January 1, 2007.

35-10-118. Powers and duties of the commissioner.

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, but not limited to:
   1. The regulation of all aspects of pesticide application, including, but not limited to, the storage, use, application, and disposal of any pesticide or device that requires licensure for use by any person subject to this article;
   2. The establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this article, including the establishment of classifications and subclassifications for any license authorized under this article;
   3. The issuance and reinstatement of any license authorized under this article and the grounds for any disciplinary actions authorized under this article, including letters of admonition, other discipline through stipulation, or the restriction, probation, denial, suspension, or revocation of any license authorized under this article;
   4. The content of the examination required for the administration of this article and the amount of any examination and examination grading fee.
3. The commissioner shall, for examinations required for any license under this article:
   1. Develop each such examination, or adopt a commercially standardized examination, required for the administration of this article and the amount of any examination and examination grading fee;
   2. Establish a passing score for each examination that reflects a minimum level of competency in the class or subclass for which the applicant is being tested;
   3. Administer each such examination or contract with a person, corporation, or other entity to administer each such examination.
4. The commissioner shall establish standards and procedures to issue a license to any person who possesses a valid license from another jurisdiction, where the qualifications for that license are substantially similar to those adopted for a comparable license authorized under this article.
5. The commissioner shall establish any competency requirements and standards for any individuals licensed under section 35-10-115.
6. The commissioner is authorized to conduct hearings required under sections 35-10-119 and 35-10-120 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the department.
7. The commissioner is authorized to determine the amount of any licensing fee authorized under this article based on the actual cost of administering and enforcing the article and any rules and regulations adopted pursuant thereto.
8. The commissioner is authorized to enter into cooperative agreements with any agency or political subdivision of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving grants-in-aid, securing uniformity of rules, and entering into reciprocal licensing agreements.
   1. (8.5) (a) The department may provide the following only to the extent of funding received pursuant to paragraph (b) of this subsection (8.5):
      1. Education programs for urban residents regarding the proper use of pesticides and regarding the dangers of misuse or overuse of pesticides; and
      2. Education programs for firefighters regarding precautions and procedures that are necessary when fighting fires that involve or are in the vicinity of pesticides or fertilizers.
   2. The commissioner may accept gifts, grants, and donations of any kind from any private or public source for the purposes of this subsection (8.5). The commissioner shall transmit all such gifts, grants, or donations 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.
9. The commissioner is authorized to promulgate rules and regulations to comply with the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended; except that such rules and regulations shall not contravene any provision of this article, article 9 of this title, or any other provision of state law.

   (9.5) The commissioner shall designate by rule which devices, when operated for hire, require the operator to be licensed as a commercial applicator. Licensure shall be required only for the use of those devices that, as determined by the commissioner, may constitute a significant risk to public health or safety.

10. The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

Source: L. 90: Entire article R&RE, p. 1585, § 1, effective May 31. L. 96: (2)(c) and (3) amended and (8.5) added, p. 1377, § 6, effective July 1. L. 2006: IP(2), (2)(a), (2)(d), and (3) amended and (9.5) added, p. 295, §§ 8, 9, effective July 1; (8.5)(b) amended, p. 1265, § 12, effective January 1, 2007. L. 2009: (8.5)(b) amended, (HB 09-1249), ch. 87, p. 316, § 6, effective July 1.

Editor's note: This section is similar to former §§ 35-10-104 and 35-10-117 as they existed prior to 1990.

Cross references: For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.

35-10-119. Inspections - investigations - access - subpoena.

1. The commissioner shall provide for the inspection and analysis of pesticides being used and for the inspection of equipment, devices that require licensure for use, or apparatus used for the application of pesticides, and the commissioner may require proper repairs or other changes before further use.
2. The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article.
3. Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.
4. At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:
   1. To any land, water, or structures thereon in which any devices that require licensure for use, pesticides, containers, rinsates, or other related materials are or have been kept, used, stored, handled, processed, disposed of, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;
   2. To all records required to be kept and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
5. The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.

Source: L. 90: Entire article R&RE, p. 1587, § 1, effective May 31. L. 2006: (1) and (4)(a) amended, p. 296, § 10, effective July 1; (4)(a) amended, p. 1265, § 13, effective January 1, 2007.

35-10-120. Enforcement.

1. The commissioner or his designee shall enforce the provisions of this article.
2. Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at the person's discretion, a hearing to be held within a reasonable period of time to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S., and shall be determined promptly.
3. Whenever the commissioner possesses sufficient evidence satisfactory to him indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

Source: L. 90: Entire article R&RE, p. 1587, § 1, effective May 31. L. 96: (2) amended, p. 1378, § 7, effective July 1.

Editor's note: This section is similar to former §§ 35-10-118 and 35-10-119 as they existed prior to 1990.

35-10-121. Disciplinary actions - denial of license.

1. The commissioner may issue letters of admonition, impose other discipline through stipulation, or restrict, impose probation on, deny, suspend, refuse to renew, or revoke any license or registration authorized under this article if the applicant, registrant, or licensee:
   1. Has refused or failed to comply with any provision of this article, any rule or regulation adopted under this article, or any lawful order of the commissioner;
   2. Has been convicted of a felony for an offense related to the conduct regulated by this article;
   3. Has had an equivalent license or registration denied, revoked, or suspended by any authority;
   4. Has been adjudicated a violator or has committed a violation of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended; except that a consent decree entered into with the EPA shall not be considered a violation of such act unless an order from the regional administrator of the EPA or the consent decree shall specifically state that a violation has occurred;
   5. Has refused to provide the commissioner with reasonable, complete, and accurate information regarding methods or materials used or work performed when requested by the commissioner; or
   6. Has falsified any information requested by the commissioner.
2. In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee, registrant, or certified person from another jurisdiction if the violation that prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.

   (2.5) Proceedings under this section shall be conducted pursuant to article 4 of title 24, C.R.S.; except that section 24-4-104 (3), C.R.S., shall not apply to such proceedings in cases of deliberate or willful violation; in cases of violation of labeling directions or requirements; or in cases in which the actions or omissions of the licensee or registrant in violation of this article have caused or threatened to cause substantial danger or harm to public health and safety, to property, or to the environment, as defined by the commissioner pursuant to section 35-10-118 (2). In such cases, no revocation, suspension, limitation, or modification of a license or registration shall be lawful unless the commissioner has given the licensee or registrant notice in writing regarding any facts or conduct that may warrant such action and has afforded the licensee or registrant opportunity to submit written data, views, and arguments with respect to such facts or conduct.

3. No licensee or registrant whose license or registration has been revoked may apply or reapply for any license or registration under this article until two years after the date of such revocation.
4. Any person aggrieved by a final disciplinary action taken by the commissioner may appeal such action to the Colorado court of appeals in accordance with section 24-4-106 (11), C.R.S.

Source: L. 90: Entire article R&RE, p. 1588, § 1, effective May 31. L. 96: IP(1) amended and (2.5) and (4) added, p. 1378, § 8, effective July 1. L. 2006: IP(1), (1)(c), (2), (2.5), and (3) amended, p. 1265, § 14, effective July 1.

Editor's note: This section is similar to former § 35-10-112 as it existed prior to 1990.

Cross references: For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.

35-10-122. Civil penalties.

1. 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 or a court of competent jurisdiction. The maximum penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision, rule, or regulation for the second time.
2. No civil penalty may be imposed by the commissioner unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
3. If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
4. Before imposing any civil penalty, the commissioner or a court of competent jurisdiction may consider the effect of such penalty on the ability of the person charged to stay in business.

Source: L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 96: (1), (2), and (4) amended, p. 1379, § 9, effective July 1.

Editor's note: This section is similar to former § 35-10-120 as it existed prior to 1990.

35-10-123. Criminal penalties.

1. No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not apply to any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(g), and (5).
2. [ Editor's note: This version of subsection (2) is effective until March 1, 2022.] Any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(e), (1)(g), (1)(i), (1)(j), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), or (4)(a) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

   (2) [ Editor's note: This version of subsection (2) is effective March 1, 2022. ] Any person who violates any of the provisions of section 35-10-117 (1)(a), (1)(b), (1)(c), (1)(e), (1)(g), (1)(i), (1)(j), (2)(a), (2)(b), (2)(c), (2)(d), (3)(a), or (4)(a) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

3. Any person who violates any of the provisions of section 35-10-117 (1)(f), (2)(f), (2)(g), (4)(b), and (5) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

Source: L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 2002: (2) and (3) amended, p. 1547, § 306, effective October 1. L. 2006: (2) amended, p. 1266, § 15, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3277, § 619, effective March 1, 2022.

35-10-124. Information.

1. The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to the use and handling of pesticides and conduct workshops for the purpose of informing the pesticide applicators of new developments in the field of pesticides.
2. The commissioner shall provide internet access to finalized enforcement action information to the general public consisting of, at a minimum, the name of the violator, date of the action, city or county in which the violation occurred, nearest major intersection of roads to where the violation occurred, and final enforcement disposition. The commissioner shall publish the information in a form and manner designated by the commissioner within thirty days after the final disposition.

Source: L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 695, § 7, effective May 19.

Editor's note: This section is similar to former § 35-10-116 as it existed prior to 1990.

35-10-125. Advisory committee.

1. The state agricultural commission created by section 35-1-105 shall appoint an advisory committee of fifteen members to advise the commissioner on agricultural, human health, environmental, wildlife, worker safety, and other matters regarding the use of pesticides in Colorado and to assist the commissioner in promulgating rules to carry out this article.
2. The committee is a state public body, as that term is defined in section 24-6-402 (1)(d), C.R.S., and consists of the following members:
   1. A formulator, or his Colorado representative, actively engaged in the sale of pesticides in Colorado;
   2. A commercial applicator, licensed under this article, who is actively engaged in the commercial application of pesticides for the control of agricultural crop pests;
   3. A commercial applicator, licensed under this article, who is actively engaged in the commercial application of pesticides for the control of turf or ornamental pests;
   4. A commercial applicator, licensed under this article, who is actively engaged in the application of pesticides for the control of structural pests;
   5. A qualified supervisor, employed by a limited commercial applicator registered under this article, who is actively engaged in the application of pesticides;
   6. Two representatives from public applicators registered under this article, each of whom shall be an elected official or a designee thereof;
   7. A representative from Colorado state university agricultural experiment station or extension service;
   8. Two representatives from the Colorado department of public health and environment, both of whom have expertise in either:
      1. Human health with respect to toxicology, pest-related disease vectors, and epidemiology;
      2. Hazardous materials and food safety;
      3. Air pollution and hazardous pesticide air pollutants; or
      4. Water pollution and agricultural activities;
   9. Two representatives from the general public, one of whom is actively engaged in urban agricultural production;
   10. A member of a state or national apiary or beekeeper association who is currently active in apiary management and who is either an elected official of or a designee of the association;
   11. A representative from the agricultural sector who is a worker, as that term is defined in 40 CFR 170.3; and
   12. A representative from the agricultural sector who is actively engaged in organic agricultural production.
3. All members of the advisory committee, with the exception of the formulator, shall be residents of this state.
4. The appointment of the formulator, the commercial applicator engaged in the control of agricultural crop pests, and one of the representatives from a registered public applicator shall expire on January 1, 1991; and the appointment of the commercial applicator engaged in the control of turf or ornamental pests, the representative from the general public who is actively engaged in agricultural production, the qualified supervisor employed by a registered limited commercial applicator, and the representative from the department of health shall expire on January 1, 1992. The initial appointment of all other members shall be for a term of three years. Thereafter, the appointment of each member to the committee shall be for a term of three years.
5. Members of the advisory committee shall receive no compensation but shall be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of such committee.
6. Repealed.

Source: L. 90: Entire article R&RE, p. 1589, § 1, effective May 31. L. 96: (6) repealed, p. 31, § 2, effective March 18. L. 2006: (2)(e) and (4) amended, p. 1266, § 16, effective July 1; (2)(h) amended, p. 296, § 11, effective July 1. L. 2015: (1), IP(2), (2)(h), and (2)(i) amended and (2)(j), (2)(k), and (2)(l) added, (SB 15-119), ch. 201, p. 695, § 8, effective May 19.

Editor's note: This section is similar to former § 35-10-121 as it existed prior to 1990.

35-10-126. Transfer of moneys to plant health, pest control, and environmental protection cash fund - fees.

All fees and civil fines collected pursuant to this article 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.

Source: L. 90: Entire article R&RE, p. 1590, § 1, effective May 31. L. 2006: Entire section amended, p. 1266, § 17, effective July 1. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 317, § 7, effective July 1.

Editor's note: This section is similar to former § 35-10-107 as it existed prior to 1990.

35-10-127. Deadline for promulgation of rules and regulations for implementation of article, as amended. (Repealed)

Source: L. 90: Entire article R&RE, p. 1590, § 1, effective May 31. L. 2006: Entire section repealed, p. 296, § 12, effective July 1.

35-10-128. Repeal of article - termination of functions.

Effective September 1, 2023, this article is repealed. Prior to the repeal, the department of regulatory agencies shall review the regulation by the commissioner of the application of pesticides pursuant to this article as provided for in section 24-34-104, C.R.S., and shall report on the extent of local regulation of pesticides pursuant to section 31-15-707 (1)(b), C.R.S., or under the police power of any political subdivision of the state.

Source: L. 90: Entire article R&RE, p. 1590, § 1, effective May 31. L. 91: Entire section amended, p. 689, § 63, effective April 20. L. 93: Entire section amended, p. 997, § 2, effective June 2. L. 96: Entire section amended, p. 1379, § 10, effective July 1. L. 2006: Entire section amended, p. 296, § 13, effective July 1; entire section amended, p. 1267, § 18, effective July 1; entire section amended, p. 1267, § 19, effective January 1, 2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 693, § 2, effective May 19.

Editor's note: This section is similar to former § 35-10-125 as it existed prior to 1990.

35-11-101. Short title.

This article shall be known and may be cited as the "Colorado Chemigation Act".

Source: L. 87: Entire article RC&RE, p. 1278, § 1, effective July 1.

35-11-102. Definitions.

As used in this article, unless the context otherwise requires:

1. "Chemical" means any fertilizer or pesticide.
2. "Chemigation" means any process whereby chemicals are applied to land or crops in or with water through a closed irrigation system. "Chemigation" does not mean any process whereby chemicals are applied to land or crops in or with water pumped from a stock watering well, a domestic well with a diameter of two inches or less, or from a tailwater collection pond.
3. "Commissioner" means the commissioner of agriculture.
4. "Contamination" means the degradation of natural water quality as a result of man's activities.
5. "Department" means the department of agriculture.
6. "Fertilizer" means any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients.
7. "Groundwater" means any water not visible on the surface of the ground under natural conditions.
8. "Irrigation system" means any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of groundwater or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. "Irrigation system" does not include any hand-held hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source and does not include stock water wells, any domestic well with a diameter of two inches or less, or a system which includes a tailwater collection pond.
9. "Open discharge system" means a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted.
10. "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or any other legal or commercial entity.
11. "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
12. "Pollution" means the man-made or man-induced alteration of the physical, chemical, biological, or radiological integrity of water.

Source: L. 87: Entire article RC&RE, p. 1278, § 1, effective July 1. L. 88: (2) and (8) amended, p. 1219, § 1, effective July 1.

35-11-103. Chemigation permit.

1. On and after January 1, 1990, no person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a chemigation permit from the department.
2. On and after July 1, 1987, a person may obtain, pursuant to section 35-11-105, a provisional chemigation permit from the department for the application of chemicals to land or crops through the use of chemigation.
3. Nothing in this section shall require a person to obtain a chemigation permit to pump or divert water mixed with any chemical to or through an open discharge system.

Source: L. 87: Entire article RC&RE, p. 1279, § 1, effective July 1.

35-11-104. Rules and regulations.

1. The commissioner shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S., to:
   1. Administer the chemigation permit program;
   2. Establish equipment or performance standards and installation requirements;
   3. Establish fees for the direct and indirect costs of administering the provisions of this article; and
   4. Establish criteria for the entry of inspectors upon lands for purposes of conducting inspections.
2. The commissioner shall immediately notify the director of the department of public health and environment of the summary suspension of any permit, of the denial, suspension or revocation of a permit, including the specific reason thereof; and the commissioner shall also notify the director of the department of public health and environment of any criminal or civil proceeding brought pursuant to this article. The notice required herein shall contain the legal description of the location of the well which is the subject of the commissioner's action.

Source: L. 87: Entire article RC&RE, p. 1279, § 1, effective July 1. L. 94: (2) amended, p. 2804, § 573, effective July 1.

35-11-105. Issuance of provisional chemigation permit - fees.

1. On and after July 1, 1987, and before January 1, 1990, any person who intends to utilize chemigation may, before commencing, file with the department an application for a provisional chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department.
2. The applicant for a provisional chemigation permit shall, on the application, certify that the irrigation system for which he is seeking a permit includes properly installed and functioning equipment in compliance with section 35-11-107.
3. Upon receipt of a complete application for a provisional chemigation permit, the department may issue a provisional chemigation permit to the applicant for a specific irrigation system. The permit holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.
4. The fee for a provisional chemigation permit and the annual renewal permit shall be established by rule and regulation of the commissioner and shall reflect all direct and indirect costs for the administration of this article but shall not exceed fifty dollars. The inspection fee for a provisional chemigation permit shall be established by the commissioner and shall reflect all direct and indirect costs of the inspection but shall not exceed forty dollars. A provisional chemigation permit shall expire on March 31 of the year subsequent to the date the provisional chemigation permit was issued. The reinstatement fee for an expired provisional chemigation permit shall be double the amount of the fee for a provisional chemigation permit. A provisional chemigation permit shall not be assignable. The amount of indirect costs assessed under this subsection (4) shall be based on the number of FTE in the program expressed as a percentage of the total FTE in the department. In no case shall the indirect costs assessment exceed this percentage.
5. In the event that a ground water management district contracts with the department for the enforcement of the provisions of this article pursuant to the provisions of section 35-11-113, the amount of the provisional fee and the annual renewal fee for persons utilizing chemigation within such district shall be in an amount up to twenty dollars, as established by the commissioner. There shall be no state inspection fee for inspections made within such district.

Source: L. 87: Entire article RC&RE, p. 1280, § 1, effective July 1. L. 88: (4) amended and (5) added, p. 1220, § 2, effective July 1.

35-11-106. Issuance of chemigation permit - fees.

1. On and after January 1, 1990, any person who intends to utilize chemigation shall, before commencing, file with the department an application for a chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the department.
2. The applicant for a chemigation permit shall, on the application, certify that the irrigation system for which he is seeking a permit includes properly installed and functioning equipment in compliance with the provisions of section 35-11-107. Upon receipt of a permit, the permit holder shall attach, in a prominent place, the permit to the irrigation system for which the permit was issued.
3. The fee for a chemigation permit and the annual renewal fee shall be established by the commissioner through rules. Such fees shall reflect all direct and indirect costs of the department for the administration of this article. The inspection fee shall be established by rule of the commissioner and shall reflect all direct and indirect costs for the inspection. A chemigation permit shall expire on March 31 of the year subsequent to the date the chemigation permit was issued. The reinstatement fee for an expired chemigation permit shall be double the amount of the fee for a chemigation permit. The reinstatement fee shall not be assessed to any person who filed an affidavit in lieu of a permit for the year prior to the year such person seeks a permit. A chemigation permit shall not be assignable. The amount of indirect costs assessed under this subsection (3) shall:
   1. Repealed.
   2. Effective July 1, 2006, be based on the number of FTE in the program expressed as a percentage of the total FTE in the department. In no case shall the indirect costs assessment exceed this percentage.
4. In the event that a ground water management district contracts with the department for the enforcement of the provisions of this article pursuant to the provisions of section 35-11-113, the amount of the fee and annual renewal fee, for persons utilizing chemigation within such district, shall be in an amount established by the commissioner. There shall be no state inspection fee for inspections made within such district.

Source: L. 87: Entire article RC&RE, p. 1280, § 1, effective July 1. L. 88: (3) amended and (4) added, p. 1220, § 3, effective July 1. L. 92: Entire section amended, p. 158, § 1, effective February 25. L. 2003: (3) amended, p. 390, § 2, effective March 5.

Editor's note: Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1, 2006. (See L. 2003, p. 390 .)

35-11-107. Equipment and installation requirements.

1. An irrigation system utilizing chemigation on and after January 1, 1990, or an irrigation system which has been issued a provisional chemigation permit shall have, as component parts thereof, a properly installed and functioning:
   1. Backflow prevention check valve and vacuum relief valve between the main check valve and the irrigation pump;
   2. Inspection port to check the performance of the check valve on the irrigation pipeline;
   3. Automatic low-pressure drain placed between the main check valve and the irrigation pump so that a chemical will drain away from the source of water supply;
   4. Check valve in the chemical injection line; and
   5. Simultaneous interlock device between the power system of the chemical injection unit and the irrigation pumping plant to protect the water supply from contamination in the event such pumping plant ceases to operate.
2. An irrigation system which would otherwise be subject to all of the requirements of subsection (1) of this section may be exempted from one or more of such requirements if the owner of such irrigation system can demonstrate that the possibility of the source of water from which the irrigation system draws its water cannot be polluted or contaminated as the result of utilizing such irrigation system for chemigation.

Source: L. 87: Entire article RC&RE, p. 1281, § 1, effective July 1.

35-11-108. Affidavit in lieu of permit.

For the calendar year beginning January 1, 1990, and for each calendar year thereafter, the owner of an irrigation system who does not intend to utilize chemigation during the calendar year shall notify the department of such intent. Notification shall be by an affidavit provided by the department.

Source: L. 87: Entire article RC&RE, p. 1281, § 1, effective July 1.

35-11-109. Replacement or modification of equipment.

Any permit holder who replaces, alters, or modifies or who authorizes the replacement, alteration, or modification of chemigation equipment for an irrigation system which has been issued a chemigation permit shall notify the department within seven days of such replacement, alteration, or modification. Such notification shall be on a form provided by the department. The permit holder shall certify that the irrigation system as replaced, altered, or modified continues to comply with the provisions of this article.

Source: L. 87: Entire article RC&RE, p. 1281, § 1, effective July 1.

35-11-110. Failure to pass inspection - summary suspension - repair orders.

1. A permit holder operating any irrigation system which does not pass an inspection due to the failure to have installed and operating any device required by section 35-11-107 or the failure to properly install such a device shall have such permit summarily suspended by the inspector at the time of the inspection. Such summary suspension shall be subject to proceedings for suspension and revocation of the permit by the commissioner in accordance with the applicable provisions of article 4 of title 24, C.R.S. Any irrigation system which has had its permit suspended or revoked shall not be used for chemigation until such irrigation system has been inspected and a reinstatement fee paid. Such reinstatement fee shall be in an amount which is double the amount of the permit fee plus the amount of the inspection fee.
2. A permit holder operating any irrigation system which does not pass an inspection because of a defect in any device which is properly installed shall be subject to a repair order issued by the inspector at the time of inspection. The permit holder shall remedy the defect within sixty days of the issuance of the order, and the inspector shall reinspect the irrigation system within ninety days of the issuance of the repair order. Any irrigation system subject to a repair order shall not be used for chemigation until the irrigation system is reinspected and the defect remedied. A fee may be charged or collected for the reinspection in specified circumstances described in the rules and regulations.

Source: L. 87: Entire article RC&RE, p. 1282, § 1, effective July 1.

35-11-111. Inspections - entry upon land.

1. Each irrigation system for which a permit has been issued may be inspected once every two years.
2. Prior to an inspection, the inspector shall notify a permit holder of the time and date of an inspection. The inspector shall inform the permit holder that he is entitled to be present at the inspection. If a permit holder denies access to an inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the permit holder's land is located. The court shall issue such inspection warrant upon presentation by the inspector of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being violated or has been violated, or the information showing that such entry and inspection is required in order to determine whether the provisions of this article are being complied with, as the case may be, that the inspector notified the permit holder of an inspection, that the inspector was denied access by the permit holder, and a general description of the location of the affected land.
3. Each irrigation system subject to the provisions of this article which has not been issued a permit pursuant to the provisions of this article may be inspected, without prior notice, by an inspector who has information which gives him reasonable cause to believe that any provision of this article is being violated. If the landowner denies access to the inspector, the inspector may seek an inspection warrant issued by the district court for the district in which the landowner's land is located. The district court shall issue such inspection warrant upon presentation by an inspector of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being violated or has been violated, that the landowner has denied access to the inspector, and a general description of the location of the affected land.
4. Except as otherwise provided in section 35-11-113, inspectors shall be employees of the department.

Source: L. 87: Entire article RC&RE, p. 1282, § 1, effective July 1. L. 88: (1) amended, p. 1221, § 5, effective July 1.

35-11-112. Denial, suspension, or revocation of permit.

1. Pursuant to the applicable provisions of article 4 of title 24, C.R.S., the commissioner may deny, suspend, revoke, restrict, or refuse to renew the permit of an applicant or permit holder, as the case may be, who:
   1. Fails to have installed and operating, or to have properly installed, any device required by section 35-11-107;
   2. Has used for chemigation an irrigation system which is subject to a repair order under section 35-11-110 (2) and which has not been reinspected and approved;
   3. Has utilized chemigation without a permit on or after January 1, 1990;
   4. Has utilized for chemigation any equipment which did not, at the time of such use, meet the requirements established by section 35-11-107 or by any rule or regulation adopted by the commissioner pursuant to this article;
   5. Has contaminated groundwater or surface water by the use of chemigation;
   6. Has violated any provision of this article or any rule or regulation promulgated by the commissioner pursuant to this article.

Source: L. 87: Entire article RC&RE, p. 1283, § 1, effective July 1.

35-11-113. Enforcement by ground water management districts.

Any ground water management district may contract with the department to enforce the provisions of this article and the rules and regulations promulgated pursuant to this article within the boundaries of the district. Inspectors in ground water management districts which contract with the department shall be employees of the district, and the state or the department shall not be liable for the acts or omissions of such inspectors.

Source: L. 87: Entire article RC&RE, p. 1283, § 1, effective July 1.

35-11-114. Chemigation program management fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees.

1. All fees collected pursuant to this article 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. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the chemigation program management fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
2. (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 317, § 8, effective July 1, 2009.)

Source: L. 87: Entire article RC&RE, p. 1283, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 317, § 8, effective July 1.

35-11-115. Penalties.

1. On and after January 1, 1990, any person utilizing chemigation without a permit commits a class 6 felony and shall be punished as provided in section 18-1.3-401 (1)(a)(IV), C.R.S., and by a fine not to exceed one thousand dollars.
2. Any person who violates any provision of subsection (1) of this section shall also be subject to a civil penalty assessed by the court of not less than one hundred dollars nor more than one thousand dollars for each such violation. All civil penalties collected under this subsection (2) 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.

Source: L. 87: Entire article RC&RE, p. 1283, § 1, effective July 1. L. 88: (1) amended, p. 1221, § 4, effective July 1. L. 89: (1) amended, p. 848, § 126, effective July 1. L. 2002: (1) amended, p. 1547, § 307, effective October 1. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 317, § 9, effective July 1.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.

35-11-116. Injunctive proceedings.

1. The department may, through the attorney general of the state of Colorado, apply for civil penalties and for an injunction to enjoin any person from committing any act declared to be unlawful by this article. Such application shall be heard in the district court of the county in which the grounds for the action arose.
2. In such proceedings, if the court enters a temporary restraining order, preliminary injunction, or permanent injunction or awards civil penalties, the person against whom such injunctive order was entered or against whom such civil penalties were awarded shall pay the costs of the proceeding, including reasonable attorney fees.

Source: L. 87: Entire article RC&RE, p. 1284, § 1, effective July 1.

35-11-117. Effective date of rules and regulations.

The effective date for the initial rules and regulations promulgated pursuant to this article shall be July 1, 1989.

Source: L. 88: Entire section added, p. 1221, § 6, effective July 1.

ARTICLE 11.5 ORGANIC CERTIFICATION ACT

Section

ARTICLE 12 COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS

Editor's note: This article was numbered as article 13 of chapter 6, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

Section

35-13-101. Legislative declaration.

1. This is an article to prescribe uniform regulations in this state for safety in the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank or tank trailer, and utilizing anhydrous ammonia as an agricultural fertilizer; and to provide for the enjoining or abatement of violations of regulations issued under this article; and to prohibit the refilling or use of such containers without authorization by the owner thereof; and to prohibit the adoption by municipalities or other political subdivisions of ordinances or regulations in conflict with this article.
2. The general assembly hereby declares that any violation of this article or rules promulgated pursuant to this article shall constitute a substantial danger to public health and safety.

Source: L. 67: p. 325, § 1. C.R.S. 1963: § 6-17-1. L. 2008: Entire section amended, p. 633, § 1, effective August 5.

35-13-102. Definitions.

As used in this article, unless the context otherwise requires:

1. "Anhydrous ammonia" means the compound formed by the combination of the two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume in compressed and liquefied form.
2. "Commissioner" means the commissioner of agriculture.

Source: L. 67: p. 325, § 2. C.R.S. 1963: § 6-17-2.

35-13-103. Commissioner to promulgate rules.

The commissioner shall, in addition to other relevant criteria, use as a guide to make, promulgate, and enforce rules setting forth minimum general safety standards covering the design, construction, location, installation, and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of anhydrous ammonia fertilizer such standards as provided in American national standards institute standard K61.1-1999, or subsequent revisions thereof. Said rules shall be as are reasonably necessary for the protection of the safety of the public and persons using such materials and shall be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. Such rules shall be adopted by the commissioner only after a public hearing thereon.

Source: L. 67: p. 325, § 3. C.R.S. 1963: § 6-17-3. L. 2003: Entire section amended, p. 1726, § 7, effective May 14.

Cross references: For rule-making procedures, see article 4 of title 24.

35-13-104. Condition of equipment.

All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations adopted under section 35-13-103.

Source: L. 67: p. 326, § 4. C.R.S. 1963: § 6-17-4.

35-13-105. Restriction of use of containers.

1. No person, firm, or corporation, other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver, or permit to be delivered, or use in any manner any anhydrous ammonia storage tank, mobile transportation tank, or tank-mounted applicator for any other purpose whatsoever.
2. No person shall fill, refill, deliver, or permit to be delivered any anhydrous ammonia storage tank, mobile transportation tank, or tank-mounted applicator that has not been registered in compliance with the provisions of this article and rules promulgated pursuant to this article.

Source: L. 67: p. 326, § 5. C.R.S. 1963: § 6-17-5. L. 2003: Entire section amended, p. 2387, § 4, effective July 1, 2004. L. 2008: Entire section amended, p. 633, § 2, effective August 5.

Cross references: For the legislative declaration contained in the 2003 act amending this section, see section 1 of chapter 360, Session Laws of Colorado 2003.

35-13-106. Effect of rules and regulations - prohibitions.

The rules and regulations promulgated pursuant to this article shall have uniform force and effect throughout the state, and no municipality or other political subdivision shall enact or enforce any ordinances, rules, or regulations which do not meet the rules and regulations promulgated pursuant to this article; except that home rule cities enforcing ordinances, rules, and regulations equal to or more stringent than those prescribed under this article may continue to perform such functions.

Source: L. 67: p. 326, § 6. C.R.S. 1963: § 6-17-6.

35-13-107. Enforcement - investigation - access to locations and records.

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 and of rules promulgated pursuant to this article or section 35-1-107 (5).
2. Upon the commissioner's own motion or upon the complaint of any person, the commissioner may make any investigations necessary to ensure compliance with this article.
3. At any time during regular business hours, upon consent or upon obtaining an administrative search warrant and for the purpose of enforcing any provision of this article or rule promulgated pursuant to this article, the commissioner shall have free and unimpeded access to:
   1. All buildings, yards, warehouses, storage facilities, tanks, tank trailers, vehicles, and any other public or private property, premises, or carriers in which anhydrous ammonia is kept, stored, handled, distributed, or transported; and
   2. All business records required to be kept that relate to the storage, use, transportation, or distribution of anhydrous ammonia. The commissioner may make copies of such records.
4. 1. Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule promulgated pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
   2. In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.
   3. No stay of a cease-and-desist order shall be issued before a hearing on the order involving both parties.
   4. Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.
5. The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before the commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey an administrative subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
6. Whenever the commissioner considers that a violation of any provision of this article or rule promulgated pursuant to this article has occurred or will occur, and that immediate and irreparable injury, loss, or damage will result if such violation is not immediately restrained or enjoined, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule promulgated pursuant to this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

Source: L. 67: p. 326, § 7. C.R.S. 1963: § 6-17-7. L. 2003: IP(1) and (1)(a) amended, p. 1727, § 8, effective May 14. L. 2008: Entire section amended, p. 634, § 3, effective August 5.

35-13-108. Civil penalties.

1. 1. The commissioner may impose a civil penalty on any person who violates any provision of this article or any rule adopted under this article or under section 35-1-107 (5). Such penalty shall not exceed seven hundred fifty dollars per day per violation.
   2. Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.
2. The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S.
3. If the commissioner is unable to collect, or if any person fails to pay, all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction.
4. All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.

Source: L. 67: p. 326, § 8. C.R.S. 1963: § 6-17-8. L. 2003: Entire section amended, p. 1727, § 9, effective May 14. L. 2005: (4) amended, p. 1270, § 8, effective July 1. L. 2007: (4) amended, p. 1904, § 6, effective July 1.

35-13-109. Registration - application - fees.

1. On or before the date specified by rule of the commissioner each year, every person who owns one or more anhydrous ammonia storage tanks, mobile transportation tanks, or tank-mounted applicators within this state shall register each of such tanks or applicators with the department and shall pay a registration fee as established by the agricultural commission. A registration is not transferable. No reduction of a registration fee shall be made for a fractional part of a year.
2. An application for registration shall state:
   1. The name of the applicant;
   2. If the applicant is a firm, the names of its members;
   3. If the applicant is a corporation, the names of its officers;
   4. The applicant's business address;
   5. The applicant's telephone number;
   6. The name and location of each fixed bulk facility; and
   7. The serial number or other identifying number of each mobile transportation tank or tank-mounted applicator.
3. For the fiscal year commencing on July 1, 2007, and for each subsequent fiscal year, the agricultural commission shall establish a fee schedule to cover all of the direct and indirect costs of administering and enforcing the provisions of this article.
4. 1. All fees, fines, and penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.
   2. Repealed.

Source: L. 2003: Entire section added, p. 1727, § 10, effective May 14. L. 2005: (4)(a) amended, p. 1270, § 9, effective July 1. L. 2007: (3) and (4)(a) amended, p. 1904, § 7, effective July 1. L. 2008: (1) amended, p. 635, § 4, effective August 5. L. 2016: (4)(b) amended, (SB 16-189), ch. 210, p. 790, § 98, effective June 6.

Editor's note: Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective September 1, 2017. (See L. 2016, p. 790 .)

ARTICLE 14 MEASUREMENT STANDARDS

Editor's note: This article was numbered as article 1 of chapter 152, C.R.S. 1963. The provisions of this article were repealed and reenacted in 1983, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1983, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

Section

ARTICLE 15 STATE CENTRAL FILING SYSTEM BOARD

ARTICLE 20 POULTRY AND RABBITS

35-21-101. Definitions.

As used in this part 1, unless the context otherwise requires:

1. "Candling" means examining the interior of an egg by use of transmitted light sufficient to view the interior of the egg.
2. "Commission" means the state agricultural commission.
3. "Commissioner" means the commissioner of agriculture.
4. (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 224, § 7, effective July 1, 2009.)
5. "Consumer" means any person who buys eggs for household consumption and not for resale.
6. "Dealer" means any person who is engaged in selling poultry eggs or other eggs.
7. "Department" means the department of agriculture.
8. "Edible eggs" means eggs which are free from mold, blood ring, blood spot, bloody whites, filth, stuck yolk, black rot, white rot, mixed rot, or any other inedible quality as defined by the United States department of agriculture.
9. (Deleted by amendment, L. 95, p. 699 , § 15, effective May 23, 1995.)
11. (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 224, § 7, effective July 1, 2009.)
12. Repealed.
13. "Manufacturer" means any person engaged in the business of manufacturing or preparing any product intended for sale for human consumption in which eggs in any form or part are used.

    (13.5) "Other eggs" means the eggs with a shell of any avian species, as designated by the commissioner by rule, other than the domesticated chicken.

14. "Person" means a person, partnership, association, or corporation.
15. "Poultry eggs", "shell eggs", or "eggs" means shell eggs of the domesticated chicken.
16. "Producer" means any person engaged in producing poultry eggs or other eggs in this state.
17. "Restaurant" means any person engaged in the business of catering or furnishing meals to the public.
19. Repealed.
20. Where applicable, the singular includes the plural; the plural, the singular; and the masculine, the feminine.

Source: L. 65: R&RE, p. 213, § 1. C.R.S. 1963: § 7-9-1. L. 73: p. 214, § 1. L. 95: (6), (8), (9), and (12) amended, p. 699, § 15, effective May 23. L. 2009: (1), (4), (6), (10), and (11) amended and (12), (18), and (19) repealed, (SB 09-127), ch. 63, pp. 224, 223, §§ 7, 4, effective July 1. L. 2020: IP, (6), and (16) amended and (13.5) added, (HB 20-1211), ch. 159, p. 712, § 3, effective June 29; IP amended, (HB 20-1343), ch. 217, p. 1077, § 3, effective September 14.

Editor's note: Subsection IP(1) was amended in HB 20-1211. Those amendments were superseded by the amendment to subsection IP(1) in HB 20-1343.

35-21-102. Importation, classification, and grades.

1. All shell eggs shall be edible eggs, and shall be candled and graded into Colorado consumer grades.
2. The consumer grades and weight classes for shell eggs, and standards for quality of individual shell eggs, shall be based on the United States department of agriculture grades and weight classes for shell eggs and standards for quality of individual shell eggs. The commission may adopt regulations as applicable and necessary to conform to current United States department of agriculture regulations for shell eggs.
3. (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 225, § 8, effective July 1, 2009.)
4. A copy of the United States department of agriculture regulations governing the grading of shell eggs and United States standards, grades, and weight classes for shell eggs shall be kept on file in the office of the commissioner and shall be open to public inspection during normal business hours.

Source: L. 65: R&RE, p. 215, § 1. C.R.S. 1963: § 7-9-2. L. 73: p. 214, § 2. L. 2009: (1) and (3) amended, (SB 09-127), ch. 63, p. 225, § 8, effective July 1.

35-21-103. Refrigeration - transportation.

1. Repealed.
2. All eggs shall be kept under adequate refrigeration. The refrigeration shall be such that the temperature of the eggs does not exceed the temperature established in rules adopted by the commissioner pursuant to section 35-21-106 (1).
3. Every vehicle used to transport eggs shall be maintained in a sanitary condition and shall be enclosed to protect eggs from extreme heat or cold.
4. to (9) (Deleted by amendment, L. 95, p. 699 , § 16, effective May 23, 1995.)

Source: L. 65: R&RE, p. 215, § 1. C.R.S. 1963: § 7-9-3. L. 73: p. 215, § 3. L. 95: Entire section amended, p. 699, § 16, effective May 23. L. 2009: (1) repealed and (2) and (3) amended, (SB 09-127), ch. 63, pp. 225, 226, §§ 11, 9, 12, effective July 1.

35-21-104. Licenses - application - fees - rules.

1. Every person selling poultry eggs or other eggs within this state shall obtain from the department a dealer's license for each place where the business is conducted. A license is not transferable. The license expires and may be renewed in accordance with rules promulgated by the commissioner. No reduction of license fee may be made for a fractional part of a year.
2. (Deleted by amendment, L. 95, p. 700 , § 17, effective May 23, 1995.)
3. An application for a license shall state:
   1. The name of the applicant;
   2. If the applicant is a firm, the names of its members;
   3. If the applicant is a corporation, the names of its officers;
   4. The location of the business;
   5. The telephone number of the business;
   6. Any ownership information concerning the application that the commissioner may require; and
   7. Any contact information that the commissioner may require.
4. 1. (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 223, § 5, effective July 1, 2009.)
   2. 1. The license categories shall be established by rule by the commissioner based on the average number of cases of poultry eggs (thirty dozen per case) or other eggs sold per week during the previous twelve months.
      2. The commission may establish a late fee for a license renewed after it has expired.
      3. Fees for each license category shall be as established by the commission.
      4. The applicant for a license shall keep such records as may be necessary to indicate accurately the quantity of poultry eggs or other eggs sold per week during the year and shall allow the commissioner to examine these records in determining the quantity of poultry eggs or other eggs sold. A licensee shall retain the records of quantity sold for two years.
   4. (Deleted by amendment, L. 95, p. 700 , § 17, effective May 23, 1995.)
   5. Repealed.
   6. (Deleted by amendment, L. 95, p. 700 , § 17, effective May 23, 1995.)
   7. (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.)
   8. (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.)
   9. (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.)
   10. For the fiscal year commencing on July 1, 2007, and for each subsequent fiscal year, the agricultural commission shall establish a fee schedule to cover all of the direct and indirect costs of administering and enforcing this part 1.
5. All license fees shall be deposited with the state treasurer and credited to the inspection and consumer services cash fund created in section 35-1-106.5.

Source: L. 65: R&RE, pp. 200, 217, §§ 16, 1. C.R.S. 1963: § 7-9-4. L. 73: p. 216, § 4. L. 95: Entire section amended, p. 700, § 17, effective May 23. L. 2003: (4)(a), (4)(b), and (5) amended, p. 1731, § 14, effective May 14. L. 2005: (4)(a), (4)(b), and (5) amended, p. 1272, § 13, effective July 1. L. 2007: (4)(a), (4)(b), and (5) amended and (4)(j) added, p. 1907, § 11, effective July 1. L. 2009: (1), (3)(d), (3)(e), (4)(a), and (4)(b) amended, (3)(f) and (3)(g) added, and (4)(e) repealed, (SB 09-127), ch. 63, pp. 223, 226, 225, §§ 5, 13, 10, effective July 1. L. 2020: (1), (4)(b)(I), and (4)(b)(IV) amended, (HB 20-1211), ch. 159, p. 712, § 4, effective June 29; (4)(j) amended, (HB 20-1343), ch. 217, p. 1077, § 4, effective September 14.

35-21-105. Exemption - rules.

1. 1. Except as provided in subsection (2) of this section, a person who produces and sells only on the premises at which the poultry eggs were produced, at a farmers' market, or through a community-supported agricultural organization, less than two hundred fifty dozen poultry eggs per month is exempt from this part 1; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.
   2. The commissioner may promulgate rules exempting small producers of other eggs or dealers of other eggs from any provision of this part 1 and setting the conditions for the exemption; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.
2. A person transporting eggs for sale at a farmers' market or similar venue under subsection (1) of this section shall:
   1. Comply with the transport requirements of section 35-21-103 (3) and any rules, including rules requiring refrigeration, promulgated under this part 1 regarding the safe transport and washing of eggs; and
   2. Affix to the egg package a label containing the address at which the eggs originated and the date on which the eggs were packaged. Any eggs not treated for salmonella must also include the following statement on the package: "Safe Handling Instructions: To prevent illness from bacteria, keep eggs refrigerated, cook eggs until yolks are firm, and cook any foods containing eggs thoroughly. These eggs do not come from a government-approved source."

Source: L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-5. L. 2009: Entire section amended, (SB 09-127), ch. 63, p. 224, § 6, effective July 1. L. 2012: Entire section amended, (SB 12-048), ch. 16, p. 44, § 7, effective March 15. L. 2013: (2)(b) amended, (HB 13-1158), ch. 100, p. 319, § 4, effective April 4. L. 2020: (1) amended, (HB 20-1211), ch. 159, p. 712, § 5, effective June 29; (1) and (2)(a) amended, (HB 20-1343), ch. 217, p. 1077, § 5, effective September 14. L. 2021: (1)(b) amended, (SB 21-266), ch. 423, p. 2805, § 32, effective July 2.

Editor's note: Subsection (1) was amended in HB 20-1211. Those amendments were harmonized in part with and superseded in part by the amendment of subsection (1) in HB 20-1343.

Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 16, Session Laws of Colorado 2012.

35-21-106. Rules - commissioner to enforce - procedure.

1. The commissioner may formulate rules concerning licensing, transporting, processing, labeling, sale, storage, inspection, and record keeping for the furtherance and enforcement of this part 1 for both poultry eggs and other eggs. The commissioner shall promulgate the rules in accordance with article 4 of title 24.
2. 1. The commissioner is responsible for enforcing this article. The commissioner or the commissioner's designee shall have access during regular business hours to business premises, facilities, vehicles, and records pertinent to activities regulated under this article.
   2. If the commissioner determines that this article 21 or the rules promulgated for the enforcement of this article 21 are being violated, the commissioner may cause "stop sale notices" to be placed on all poultry eggs or other eggs being sold or offered for sale in violation of this article 21 or the rules. A person shall not sell or otherwise dispose of poultry eggs or other eggs upon which a "stop sale notice" has been issued until the "stop sale notice" has been canceled by the commissioner or a duly authorized agent.
3. 1. If an authorized person from the department requests to inspect poultry eggs or other eggs, it is unlawful for a person to refuse to submit for inspection the following or to refuse to stop a vehicle transporting the following:
      1. Poultry eggs;
      2. Other eggs;
      3. Poultry egg products; or
      4. Other egg products.
   2. Any authorized agent of the department may, while enforcing this article 21, seize and hold as evidence any carton or container of poultry eggs or other eggs received, packed, stored, delivered for shipment, loaded, or in transit in violation of this article 21.

Source: L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-6. L. 95: (1) and (2) amended, p. 703, § 18, effective May 23. L. 2009: (1) and (2)(a) amended, (SB 09-127), ch. 63, p. 226, §§ 14, 15, effective July 1. L. 2020: (1), (2)(b), and (3) amended, (HB 20-1211), ch. 159, p. 713, § 6, effective June 29; (1) amended, (HB 20-1343), ch. 217, p. 1077, § 6, effective September 14.

Editor's note: Subsection (1) was amended in HB 20-1211. Those amendments were harmonized in part with and superseded in part by the amendment of subsection (1) in HB 20-1343.

Cross references: For rule-making procedures, see article 4 of title 24.

35-21-107. Penalty.

1. Any person who violates any of the provisions of this part 1 is guilty of a misdemeanor. It is the duty of the commissioner to notify the district attorney of the judicial district in which a violation occurs, and the district attorney of said district shall conduct such proceedings as may be necessary with the cooperation of the commissioner. Upon conviction in any court of competent jurisdiction, any person in violation of this part 1 shall be punished by a fine of not more than five hundred dollars. Each calendar day on which such a violation occurs shall constitute a separate violation. Fines and penalties imposed under this part 1 shall be collected and remitted as provided by law.
2. After proper hearing as provided in article 4 of title 24, the commissioner may deny an application for licensure, place a licensee on probation, or restrict, suspend, revoke, or refuse to renew the license of a person who violates this part 1 or any rule adopted under this part 1. The restriction, revocation, or suspension of or refusal to renew a license may be in addition to, or in lieu of, any penalties or fines imposed in subsection (1) of this section.

Source: L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-7. L. 73: p. 217, § 5. L. 95: (2) amended, p. 704, § 19, effective May 23. L. 2020: Entire section amended, (HB 20-1343), ch. 217, p. 1077, § 7, effective September 14.

Editor's note: Subsection (2) is repealed, effective September 1, 2031, pursuant to § 35-21-108.

35-21-107.5. Civil penalties.

1. 1. The commissioner may impose a civil penalty on any person who violates this part 1 or any rule adopted under this part 1. The penalty must not exceed seven hundred fifty dollars per day per violation.
   2. Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business.
2. 1. The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
   2. Upon a finding that the commissioner did not have probable cause to impose a civil penalty, the person charged may recover from the department such person's costs and attorney fees.
3. If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction.
4. The commissioner shall transmit civil penalties collected under this section to the state treasurer, who shall credit the money to the general fund.

Source: L. 95: Entire section added, p. 704, § 20, effective May 23. L. 2003: (4) amended, p. 1733, § 15, effective May 14. L. 2005: (4) amended, p. 1274, § 14, effective July 1. L. 2007: (4) amended, p. 1909, § 12, effective July 1. L. 2020: (4) amended, (HB 20-1211), ch. 159, p. 713, § 7, effective June 29; (1)(a) amended, (HB 20-1343), ch. 217, p. 1078, § 8, effective September 14.

35-21-108. Repeal of sections - review of functions.

Sections 35-21-104 and 35-21-107 (2) and this section are repealed, effective September 1, 2031. Before the repeal, the licensing functions of the department are scheduled for review in accordance with section 24-34-104.

Source: L. 88: Entire section added, p. 933, § 26, effective April 28. L. 90: Entire section amended, p. 333, § 20, effective April 3. L. 91: Entire section amended, p. 690, § 65, effective April 20. L. 95: Entire section amended, p. 704, § 21, effective May 23. L. 2004: Entire section amended, p. 349, § 18, effective July 1. L. 2009: Entire section amended, (SB 09-127), ch. 63, p. 223, § 3, effective July 1. L. 2020: Entire section amended, (HB 20-1211), ch. 159, p. 711, § 2, effective June 29.

35-21-201. Legislative declaration.

In accordance with the general assembly's authority to protect the health and welfare of consumers, promote food safety, and advance animal welfare, the general assembly finds and declares that the regulation of egg production on farms and of the sale of eggs and egg products will further these goals.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1071, § 1, effective September 14.

35-21-202. Definitions.

As used in this part 2, unless the context otherwise requires:

1. "Business owner or operator" means any person who owns or controls the operations of a business.
2. 1. "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens to which all of the following apply:
      1. For an indoor environment, the egg-laying hens are free to roam unrestricted except by the following:
         1. Exterior walls; and
         2. Interior fencing used to contain the entire egg-laying hen flock within the building or subdivide flocks into smaller groups if farm employees can walk through each contained or subdivided area to provide care to egg-laying hens and if each egg-laying hen has the minimum amount of usable floor space described in section 35-21-203 (1)(b)(II);
      2. Egg-laying hens are provided enrichments that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and
      3. Farm employees can provide care while standing within the egg-laying hens' usable floor space.
   2. "Cage-free housing system" includes multi-tiered aviaries, partially slatted systems, and single-level all-litter floor systems.
   3. "Cage-free housing system" does not include systems commonly described as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages, or similar cage systems.
3. "Commissioner" means the commissioner of agriculture.
4. "Egg-laying hen" means a female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of commercial egg production.
5. 1. "Egg product" means an egg of an egg-laying hen that is separated from the shell and intended for human food, whether in liquid, solid, dried, or frozen form, whether raw or cooked, and with:
      1. The egg yolk and egg white in their natural proportions; or
      2. The egg yolk and egg white separated, mixed, or mixed and strained.
   2. "Egg product" does not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, or ice cream, that include egg as one of multiple ingredients in the product; except that merely adding sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, or similar food additives does not make an egg product a combination food product.
6. "Enclosure" means a structure used to confine an egg-laying hen.
7. 1. "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food.
   2. "Farm" does not include live animal markets or official plants where mandatory inspection is maintained under the federal "Egg Products Inspection Act", 21 U.S.C. sec. 1031 et seq., as amended.
8. "Farm owner or operator" means a person that owns a farm or controls the operations of a farm.
9. "Multi-tiered aviary" means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms.
10. "Partially slatted system" means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below the platform.
11. "Sale" means a commercial sale by a business that sells any item covered by this part 2. "Sale" does not include any sale undertaken at an official plant where mandatory inspection is maintained under the federal "Egg Products Inspection Act", 21 U.S.C. sec. 1031 et seq., as amended.
12. "Shell egg" means a whole egg of an egg-laying hen in its shell form, intended for use as human food.
13. "Single-level all-litter floor system" means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms.
14. 1. "Usable floor space":
       1. Means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the number of egg-laying hens in that enclosure; and
       2. Includes both ground space and elevated level or nearly level flat platforms upon which egg-laying hens can roost.
    2. "Usable floor space" does not include perches or ramps.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1071, § 1, effective September 14.

35-21-203. Enclosure requirements - repeal.

1. 1. 1. On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen. (1) (a) (I) On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen.
      2. This subsection (1)(a) is repealed, effective January 1, 2025.
   2. On and after January 1, 2025, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure:
      1. That is not a cage-free housing system; or
      2. That has less than:
         1. One square foot of usable floor space per egg-laying hen in a cage-free housing system that provides egg-laying hens with unfettered access to vertical space, such as a multi-tiered aviary or a partially slatted system; or
         2. One and one-half square feet of usable floor space per egg-laying hen in a cage-free housing system that does not provide egg-laying hens with unfettered access to vertical space, such as a single-level all-litter floor system.
2. 1. A business owner or operator shall not knowingly sell or transport for sale in the state a shell egg or egg product that the business owner or operator knows or should know was produced by an egg-laying hen that was confined in a manner that conflicts with the standards required in subsection (1) of this section.
   2. 1. This subsection (2) takes effect January 1, 2023.
      2. This subsection (2)(b) is repealed, effective January 1, 2025.
3. For the purposes of this part 2, a sale is deemed to occur at the location where the buyer takes physical possession of the item.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1073, § 1, effective September 14.

35-21-204. Exceptions.

1. Section 35-21-203 (1) does not apply during:
   1. Medical research;
   2. Examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the direct supervision of a veterinarian licensed in accordance with article 315 of title 12;
   3. Transportation;
   4. A state or county fair exhibition, a 4-H program, and similar exhibitions;
   5. Slaughter, if done in accordance with an applicable law; or
   6. Temporary periods for animal husbandry purposes for no more than six hours in any twenty-four-hour period and no more than twenty-four hours total in any thirty-day period.
2. This part 2 does not apply to:
   1. The production in the state, sale in the state, or transport for sale in the state of shell eggs by a farm owner or operator with annual shell egg production from three thousand or fewer egg-laying hens if all shell eggs sold in the state or transported for sale in the state by the farm owner or operator are derived from three thousand or fewer egg-laying hens; or
   2. The sale of or transport for sale of shell eggs in the state by a business owner or operator at one or more business locations in the state if all of the following conditions are met:
      1. Each business location owned by or operated by the business owner or operator sells fewer than twenty-five cases of thirty dozen shell eggs per week;
      2. All business locations owned by or operated by the business owner or operator collectively sell fewer than one hundred cases of thirty dozen shell eggs per week; and
      3. The business owner or operator is not a farm owner or operator.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1074, § 1, effective September 14.

35-21-205. Defense.

It is a defense in a proceeding to enforce this part 2 that a business owner or operator relied in good faith upon a written certification by the supplier that the shell egg or egg product was not derived from an egg-laying hen that was confined in a manner that conflicts with the standards in section 35-21-203 (1).

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1075, § 1, effective September 14.

35-21-206. Penalty.

1. If a farm owner or operator or business owner or operator violates this part 2, the commissioner may impose a civil penalty not to exceed one thousand dollars per violation.
2. If the commissioner is unable to collect a civil penalty or if a farm owner or operator or business owner or operator fails to pay any portion of a civil penalty imposed under this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by an action in a court.
3. The commissioner shall not impose a civil penalty unless the person charged is given notice and opportunity for a hearing in accordance with article 4 of title 24.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1075, § 1, effective September 14.

35-21-207. Enforcement - rules.

1. The commissioner shall enforce this part 2. A farm owner or operator or a business owner or operator shall allow the commissioner or the commissioner's designee access during regular business hours to the farm or business, vehicles, and records pertinent to activities regulated in this part 2.
2. The commissioner shall promulgate rules governing the enforcement of this part 2, including rules governing the inspection of farms, shell eggs, and egg products, to ensure shell eggs and egg products sold in Colorado are produced in compliance with this part 2.
3. The commissioner may use a government or private inspection or process verification provider to ensure compliance with this part 2. To rely on a government or private inspection or process verification provider, the commissioner must approve the specific inspection or process verification provider as competent to ensure compliance with this part 2 during both production and handling of shell eggs and egg products.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1075, § 1, effective September 14.

35-21-208. Certification - repeal.

1. 1. To sell shell eggs and egg products, to offer to sell shell eggs or egg products, or to transport shell eggs or egg products for sale within the state:
      1. A farm owner or operator must obtain a certificate that the shell eggs or egg products are produced in compliance with this part 2 from the commissioner;
      2. A business owner or operator must obtain a copy of the certificate issued under subsection (1)(a)(I) of this section from a farm owner or operator that the shell eggs or egg products comply with this part 2. The business owner or operator shall retain the copy and provide the copy to the commissioner upon request.
   2. The commissioner shall certify shell eggs and egg products as compliant with this part 2 if:
      1. The enclosures for the egg-laying hens are inspected in accordance with the rules promulgated under section 35-21-207 (2); or
      2. The commissioner determines the shell eggs and egg products are accompanied with documentation proving the enclosures for the egg-laying hens have undergone government or private inspection and process verification services described in section 35-21-207 (3).
2. The certification issued under this section expires at the end of the calendar year.
3. 1. This section applies to the sale of, an offer to sell, or the transportation of shell eggs and egg products for sale within the state occurring on or after January 1, 2023.
   2. This subsection (3) is repealed, effective January 1, 2025.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1076, § 1, effective September 14.

35-21-209. Effects on other animal welfare laws.

This part 2 does not limit or replace any other state statute or rule that protects the welfare of animals. This part 2 does not preempt a local governing body from adopting and enforcing its own animal welfare ordinance, rule, resolution, or charter provision that is more stringent than this part 2.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1076, § 1, effective September 14.

35-22-101 to 35-22-113. (Repealed)

Source: L. 77: Entire article repealed, p. 293, § 11, effective May 26.

Editor's note: This article was numbered as article 10 of chapter 7, C.R.S. 1963, and was not amended prior to its repeal in 1977. For the text of this article prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 23 FRUITS, VEGETABLES, AND OTHER AGRICULTURAL PRODUCTS

Cross references: For the effect of the "Colorado Agricultural Marketing Act of 1939" on this article, see § 35-28-123.

Section

35-23.5-101. Short title.

This article shall be known and may be cited as the "Controlled Atmosphere Storage of Apples Act".

Source: L. 77: Entire article added, p. 1599, § 1, effective May 24.

35-23.5-102. Definitions.

As used in this article, unless the context otherwise requires:

1. "Commissioner" means the commissioner of agriculture.
2. "Controlled atmosphere storage" means the storage of apples under conditions which comply with the provisions of this article and the rules and regulations adopted pursuant to the provisions of this article.

Source: L. 77: Entire article added, p. 1599, § 1, effective May 24.

35-23.5-103. Voluntary inspection of facility - rules - fee.

The commissioner may inspect a controlled atmosphere storage facility upon request by the operator or under conditions set forth in rules adopted by the commissioner pursuant to sections 24-4-103, C.R.S., and 35-23.5-104. The commissioner may fix, assess, and collect fees in amounts that cover actual costs associated with inspection and the issuance of certificates of inspection.

Source: L. 77: Entire article added, p. 1599, § 1, effective May 24. L. 95: Entire section amended, p. 705, § 23, effective May 23.

35-23.5-104. Commissioner to develop rules.

The commissioner shall develop reasonable rules concerning the voluntary inspection of apples stored pursuant to this article and the controlled atmosphere storage of apples, including, among other factors, the following: Storage facility regulations; record keeping and reports; length of storage time, including the maximum time allowed to reach prescribed atmospheric conditions of temperature, oxygen, and carbon dioxide; quality regulations; and labeling and marketing.

Source: L. 77: Entire article added, p. 1600, § 1, effective May 24. L. 95: Entire section amended, p. 705, § 24, effective May 23.

35-23.5-105. Storage in another state.

1. When apples have been grown and stored in another state which has laws governing controlled atmosphere storage of apples similar to the provisions in effect in this state, and the apples have been stored in compliance with those provisions, such apples may be represented as having been exposed to controlled atmosphere storage when sold in this state if the state in which they were stored permits apples which are stored in this state and in compliance with the laws of this state to be represented as having been exposed to controlled atmosphere storage when sold in that state.
2. When apples have been grown and stored in another state which does not have laws governing controlled atmosphere storage of apples similar to provisions in effect in this state, but the apples have been stored in facilities and under conditions comparable to that required under this article and the rules adopted pursuant thereto, they may be represented as having been exposed to controlled atmosphere storage when sold in this state.

Source: L. 77: Entire article added, p. 1600, § 1, effective May 24.

35-23.5-106. Suspension or revocation. (Repealed)

Source: L. 77: Entire article added, p. 1600, § 1, effective May 24.

Editor's note: Section 35-23.5-108 provided for the repeal of this section, effective July 1, 1995. (See L. 91, p. 690 .)

35-23.5-107. Penalty.

1. It is unlawful for any person to:
   1. Operate a facility for the storage of apples that is represented as being a controlled atmosphere storage facility unless it meets the standards set pursuant to rule by the commissioner under the provisions of this article;
   2. Sell, exchange, offer for sale, advertise, label, or otherwise represent that apples have been exposed to controlled atmosphere storage, unless such apples have been stored in a facility that meets the standards set pursuant to rule by the commissioner under provisions of this article.
   3. Repealed.
2. Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each such offense. Each day of violation shall be deemed a separate offense.
3. The commissioner may initiate an action in the proper court for injunctive relief to prevent or restrain any violation of this article or the rules adopted pursuant thereto.

Source: L. 77: Entire article added, p. 1600, § 1, effective May 24. L. 95: IP(1), (1)(a), and (1)(b) amended, p. 705, § 25, effective May 23.

Editor's note: Section 35-23.5-108 provided for the repeal of subsection (1)(c), effective July 1, 1995. (See L. 91, p. 690 .)

35-23.5-108. Repeal - review of functions. (Repealed)

Source: L. 88: Entire section added, p. 933, § 27, effective April 28. L. 90: Entire section amended, p. 333, § 21, effective April 3. L. 91: Entire section amended, p. 690, § 66, effective April 20. L. 95: Entire section amended, p. 706, § 26, effective May 23. L. 97: Entire section repealed, p. 1030, § 62, effective August 6.

35-24-101 to 35-24-208. (Repealed)

Source: L. 85: Entire article repealed, p. 902, § 4, effective April 5.

Editor's note: This article was numbered as article 6 of chapter 7, C.R.S. 1963. For amendments to this article prior to its repeal in 1985, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For current provisions concerning dairy products and imitation dairy products, see parts 1 and 2 of article 5.5 of title 25.

35-24.5-101. Short title.

This article shall be known and may be cited as the "Colorado Aquaculture Act".

Source: L. 91: Entire article added, p. 189, § 1, effective June 7.

35-24.5-102. Legislative declaration.

1. The general assembly finds and declares that it is in the interest of the people of the state that the practice of aquaculture be encouraged in order to promote agricultural diversification, augment food supplies, expand employment opportunities, promote economic activity, increase stocks of fish and other aquatic life, protect and better use and manage the land and water resources of the state, and provide other benefits to the state.
2. The general assembly further finds and declares that aquaculture shall be considered an agricultural enterprise as defined in the "Colorado Agricultural Development Authority Act", article 75 of this title, and, for property tax assessment purposes, shall be classified pursuant to section 39-1-102 (1.6)(b), C.R.S.

Source: L. 91: Entire article added, p. 189, § 1, effective June 7.

35-24.5-103. Definitions.

As used in this article, unless the context otherwise requires:

1. "Aquaculture" means the controlled propagation, growth, and harvest of, and subsequent commerce in, cultured aquatic stock, including but not limited to fish and other aquatic vertebrates, mollusks, crustaceans, and algae and other aquatic plants, by an aquaculturist.
2. "Aquaculture facility" means any facility, structure, lake, pond, tank, or tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting live fish or viable gametes.
3. "Aquaculturist" means an individual, partnership, or corporation, other than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.
4. "Aquatic disease" means any departure from a normal state of health of aquatic organisms caused by disease agents.
5. "Aquatic organism" means an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, or aquatic insect or other aquatic invertebrate. "Aquatic organism" includes the viable gametes (eggs or sperm) of an aquatic organism.
6. "Board" means the aquaculture board.
7. "Commercial aquaculturist" means an aquaculturist engaged in the business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes.
8. "Commission" means the state agricultural commission.
9. "Commissioner" means the commissioner of agriculture.
10. "Cultured aquatic stock" means aquatic organisms raised from privately owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms; except that "cultured aquatic stock" does not include state-owned fish, crustaceans, amphibians, or mollusks lawfully taken and used or sold for bait only.
11. "Department" means the department of agriculture.
12. "Division" means the division of parks and wildlife in the department of natural resources.

Source: L. 91: Entire article added, p. 190, § 1, effective June 7.

35-24.5-104. Aquaculture board.

1. There is hereby created and established in the department an aquaculture board, which shall consist of the following:
   1. The five persons who make up the fish health board as established in section 33-5.5-101, C.R.S.; and
   2. Two additional members, to be appointed by the commissioner, who are familiar with the commercial marketing or processing of aquatic organisms and their products or with the financing of commercial aquaculture.
2. The term of office of the two additional members shall be three years. Each of these members shall serve until his or her successor has been appointed and qualified, and either member shall be eligible for reappointment. They shall serve without compensation except for actual and necessary traveling expenses.
3. The board shall annually select a chairman and a vice-chairman, who may be the same as the chairman and vice-chairman of the fish health board.
4. A majority of the board shall constitute a quorum, and, if a quorum is present, in person or by telephone, the board may act upon a vote of a majority of those present.
5. The board shall constitute a "public entity" and each member and employee of the board shall constitute a "public employee" within the meaning of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
6. The board shall exercise its powers and perform its duties and functions specified in this article under the department and the executive director thereof as if the same were transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

Source: L. 91: Entire article added, p. 191, § 1, effective June 7.

35-24.5-105. Duties of the board.

1. The board shall consider, initiate, and recommend rules, not inconsistent with law, to the commissioner concerning the regulation of the aquaculture industry and its markets, except for rules that regulate, control, or otherwise relate to fish health, to the spread of aquatic disease, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which subjects are within the jurisdiction of the parks and wildlife commission.
2. The board shall develop appropriate programs to assist in the protection, growth, and promotion of the aquaculture industry of the state and shall recommend policies and procedures to the commissioner and the commission for the accomplishment of such a plan.
3. The board shall review any suspensions or revocations of aquaculture facility permits and any orders for the destruction of aquatic organisms or for quarantine of aquaculture facilities which last beyond thirty days, and all such suspensions, revocations, and orders shall be conditioned upon the board's approval; except that destruction orders may be approved by the commissioner upon a determination that a situation exists which threatens imminent danger to existing aquatic populations or to human health and safety and that no more reasonable means exist to control the situation. Destruction of aquatic organisms or quarantines shall be done in accordance with applicable regulations of the department.
4. The board shall review aquaculture facility permitting procedures and shall make recommendations to the department concerning such procedures and any related fees and charges.

Source: L. 91: Entire article added, p. 191, § 1, effective June 7. L. 2012: (1) amended, (HB 12-1317), ch. 248, p. 1236, § 94, effective June 4.

35-24.5-106. Rules.

1. To carry out the provisions of this article, the board is authorized to consider and recommend to the commissioner appropriate rules to be promulgated pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:
   1. Fees to fund all direct and indirect costs of the administration and enforcement of this article;
   2. Standards applicable to products of cultured aquatic stock offered for sale; and
   3. The establishment of standards for and certification of private aquaculture facilities, which may include standards for commercial aquaculturists.
2. Nothing in this section diminishes or supersedes the authority of the division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.

Source: L. 91: Entire article added, p. 192, § 1, effective June 7. L. 2012: (2) amended, (HB 12-1317), ch. 248, p. 1236, § 95, effective June 4.

35-24.5-107. Powers and duties of the commissioner.

1. To carry out the provisions of this article, the commissioner is authorized to adopt appropriate rules pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:
   1. Fees to fund all direct and indirect costs of the administration and enforcement of this article and article 5.5 of title 33, C.R.S.;
   2. Standards applicable to products of cultured aquatic stock offered for sale; and
   3. The establishment of standards for and certification of private aquaculture facilities, which may include standards for commercial aquaculturists.
2. Nothing in this section diminishes or supersedes the authority of the division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
3. The commissioner shall institute appropriate programs to assist in the protection, growth, and promotion of the aquaculture industry in the state.
4. The commissioner shall provide facilities and support to the board for use in carrying out its duties.
5. The commissioner shall provide for the issuance of permits for aquaculture facilities and shall establish permit fees to offset the costs of regulating the aquaculture industry.
6. The commissioner shall enforce all rules and regulations concerning aquaculture except those which relate to fish health, or to the spread of aquatic diseases, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which rules and regulations shall be enforced by the division.
7. The commissioner may contract for the services of any certified aquatic disease laboratory or certified aquatic disease specialist in this state or in any other state, or with any other government agency, through intergovernmental agreement, contract, or memorandum of understanding to implement and enforce the rules and regulations of the commissioner.
8. The commissioner may quarantine aquaculture facilities subject to the review of the aquaculture board pursuant to section 35-24.5-105 (3).
9. Nothing in this section shall be construed to conflict with or to supersede the authority of the Colorado department of public health and environment to regulate the growing, harvesting, and shipping of molluskan shellfish or any other processed fish or seafood products intended for human consumption.

Source: L. 91: Entire article added, p. 193, § 1, effective June 7. L. 94: (9) amended, p. 2804, § 574, effective July 1. L. 2012: (2) amended, (HB 12-1317), ch. 248, p. 1236, § 96, effective June 4.

35-24.5-108. Delegation of duties - cooperative agreements.

1. The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
2. After thorough consultation with the board, the department may receive and expend grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any agency of this state or its political subdivisions for the purposes of this article.

Source: L. 91: Entire article added, p. 194, § 1, effective June 7.

35-24.5-109. Facility permit required.

1. On or after January 1, 1992, no person shall operate a fish production facility for the purpose of propagating, selling, trading, or transporting live fish or viable gametes unless such fish production facility possesses a valid and current aquaculture facility permit issued by the commissioner.
2. One or more satellite stations of a fish production facility may operate under one aquaculture facility permit if all such satellite stations are listed on such facility permit.
3. Each person seeking to obtain an aquaculture facility permit shall make application to the commissioner on forms prescribed and furnished by the commissioner.
4. An annual facility permit fee in an amount to be established by the commissioner, not to exceed one hundred eighty dollars, shall accompany the application.
5. No aquaculture facility permit shall be required for persons to obtain and possess live fish for aquaria or private ponds so long as such aquaria or ponds are hydrologically closed systems and are not connected to state waters and so long as live fish which have been held in such aquaria or ponds are not released into state waters.
6. No aquaculture facility permit shall be required of any federal, state, or county agency or of any person possessing a valid scientific collecting permit who is conducting research or educational activities with lawfully acquired fish, nor shall such permit be required of any zoo accredited by the American association of zoological parks and aquariums; except that such persons and entities must adhere to all other division of parks and wildlife regulations including record-keeping and importation requirements.
7. Any person who operates or uses an aquaculture facility, whether as owner, operator, lessee, or pursuant to any contract, or who otherwise buys, sells, trades, or acts as a broker of live fish or viable gametes, shall be subject to all applicable regulations including record-keeping and importation requirements.

Source: L. 91: Entire article added, p. 194, § 1, effective June 7.

35-24.5-110. Civil penalties - disciplinary actions.

1. 1. Any person that violates any of the provisions of this article or any rule or regulation promulgated by the commission pursuant to this article may be punished upon a finding of such violation by the commissioner as follows:
      1. In any first administrative proceeding, a fine of not less than one hundred dollars nor more than one thousand dollars;
      2. In any subsequent administrative proceeding against the same person, a fine of not less than one thousand dollars nor more than five thousand dollars.
   2. If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
2. In addition to the penalties provided in subsection (1) of this section, the commissioner may withhold, deny, suspend, or revoke the aquaculture facility permit of any aquaculturist if the commissioner finds that such person has committed any of the following:
   1. Fraud or material deception in the obtaining or renewal of a permit;
   2. Failure to comply with any provision of this article or rules promulgated by the commissioner or any lawful order of the commissioner pursuant thereto;
   3. Failure to comply with any provision of section 33-6-114.5 (1) to (6), C.R.S., or with any rule or regulation of the division, or with any statutory provision relating to fish health, the spread of aquatic diseases, or the importation into the state, distribution, or management of any exotic aquatic species;
   4. Contracting with or assisting unlicensed persons to perform services or operate in a manner for which a license is required under this article.
3. Any revocation or suspension of a permit by the commissioner shall be subject to review by the board pursuant to section 35-24.5-105 (3); except that the commissioner may issue an order to cease and desist from doing any act which is determined to present an immediate danger to other aquatic stock pending such review by the board. For the purpose of enforcing any such cease-and-desist order, the commissioner has, in addition to any other powers conferred by statute, the power to exercise such physical control over property and persons as may be necessary to protect the health of such aquatic stock or of the public.
4. Whenever the commissioner possesses sufficient evidence satisfactory to the commissioner indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

Source: L. 91: Entire article added, p. 195, § 1, effective June 7.

35-24.5-111. Aquaculture fund created.

All fees and penalties collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the aquaculture cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the direct and indirect costs of the administration of this article.

Source: L. 91: Entire article added, p. 196, § 1, effective June 7.

35-25-101. Short title.

This article shall be known and may be cited as the "Colorado Bee Act".

Source: L. 73: p. 203, § 1. C.R.S. 1963: § 7-7-1. L. 90: Entire section amended, p. 1593, § 1, effective April 3.

35-25-102. Definitions.

As used in this article, unless the context otherwise requires:

1. "Advisory committee" means that committee appointed by the commissioner pursuant to the provisions of section 35-25-104.

   (1.5) Repealed.

2. "Apiary" or "beeyard" means a hive or hives of bees in close proximity to one another.

   (2.5) Repealed.

3. "Beekeeper" means any person producing or causing to be produced bees or bee products.
4. "Bees" means honey-producing insects of the genus apis, including all life stages.
5. "Beeswax" means the wax produced by the honeybee.
6. Repealed.
7. "Brood" means bees in any stage of development preceding emergence as adults.
8. "Certificate of inspection" means a document issued by the commissioner indicating the health conditions of the colony or apiary.
9. "Colony" means one group of bees established in a place acceptable to said bees for the rearing of young and the storage of honey.
10. "Comb" means any structure acceptable to bees for the storage of honey and pollen and the rearing of brood.
11. "Commissioner" means the commissioner of agriculture.
12. "Contagious disease" means any disease produced by disease agents or parasitic agents to bees or beekeepers which shall be determined by the commissioner as being hazardous to the beekeeping industry in this state.
13. "Entry permit" means a document issued by the commissioner permitting entry of bees, equipment, or appliances into the state of Colorado, accompanied by a health certificate from the originating state indicating the number of colonies and county of destination.
14. "Equipment" means any object that is attached to or made a part of a hive.
15. "Frame" means any device designed to receive single sheets of wax foundation and in which bees are encouraged to draw comb.
16. "Hive" means any structure containing bees and designed to receive movable frames of comb.

    (16.5) to (18) Repealed.

    (19) "Person" means any body politic, individual, partnership, association, corporation, company, joint stock association, or organized group of persons whether incorporated or not and includes any trustee, receiver, or assignee. "Body politic" means any agency of this state or of the federal government or any unit of local government including any county, city, town, school district, local improvement or service district, special district, or other governmental unit having authority under the law to tax or impose assessments, including special assessments.

Source: L. 73: p. 203, § 1. C.R.S. 1963: § 7-7-2. L. 75: (17) R&RE and (20) and (21) added, p. 1347, § 1, effective May 31. L. 83: (16.5) added, p. 1359, § 1, effective June 1. L. 85: (16.5) repealed, p. 1140, § 4, effective May 31. L. 90: (1.5), (2.5), (6), (17), and (18) repealed and (12) and (19) amended, pp. 1597, 1593, §§ 13, 2, effective April 3.

35-25-102.5. Licensing functions subject to periodic review. (Repealed)

Source: L. 79: Entire section added, p. 1612, § 8, effective June 7. L. 88: Entire section amended, p. 933, § 28, effective April 28. L. 90: Entire section repealed, p. 1597, § 13, effective April 3.

35-25-103. Enforcement.

1. The commissioner or his authorized agents are authorized and directed to enforce the provisions of this article.
2. 1. If it appears to the commissioner after examination of the facts that a violation of any provision of this article has occurred, he may refer the facts to the district attorney for the county in which the violation occurred.
   2. Nothing in this article shall be construed as requiring the commissioner to report for prosecution minor violations of this article or rules and regulations when the commissioner believes that the public interest will best be served by a suitable notice of warning in writing.
3. Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted in any competent court without delay.
4. The commissioner may, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this article.
5. 1. Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.
   2. No civil penalty may be imposed unless the person being charged has been given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
   3. If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
   4. Whenever the commissioner is found to have lacked substantial justification to impose a civil penalty, the person charged may recover his costs and attorney fees from the department of agriculture.
   5. Moneys collected from any civil penalties under the provisions of this section shall be paid to the state treasurer, who shall credit the same to the bee inspection fund.
   6. Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
6. The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.

Source: L. 73: p. 204, § 1. C.R.S. 1963: § 7-7-3. L. 90: (2) amended and (5) and (6) added, p. 1593, § 3, effective April 3.

35-25-104. Advisory committee and districts.

1. There is hereby created an advisory committee to be nominated by the beekeeping industry and composed of seven members to be appointed by the commissioner. The members shall meet with and advise the commissioner concerning the needs of the beekeeping industry and shall assist in formulating rules and regulations pertaining to the administration of this article. The members shall be as follows:
   1. A beekeeper from the area of the Colorado river drainage basin, to be known as district 1;
   2. A beekeeper from the area of the Rio Grande river drainage basin and all of Chaffee county, to be known as district 2;
   3. A beekeeper from the area of the Arkansas river drainage basin, except Chaffee county, to be known as district 3;
   4. A beekeeper from the area of the Platte and Republican rivers drainage basin, to be known as district 4;
   5. The president of the Colorado beekeepers association;
   6. The extension entomologist;
   7. One member who is a beekeeper at large.
2. Members of the advisory committee shall receive no compensation.
3. Repealed.

Source: L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-4. L. 86: (3) added, p. 425, § 59, effective March 26. L. 90: (1)(g) and (2) amended and (3) repealed, pp. 1594, 1597, §§ 4, 13, effective April 3.

35-25-105. Rules and regulations.

1. The commissioner is authorized to adopt rules and regulations pursuant to the provisions of article 4 of title 24, C.R.S., for the administration of this article.
2. The powers and duties of the commissioner under this article may be delegated by the commissioner to employees of the department of agriculture designated by him.

Source: L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-5. L. 90: Entire section amended, p. 1595, § 5, effective April 3.

35-25-106. Examination of apiaries.

1. The commissioner, when he has reason to suspect disease in any apiary, may examine all reported or suspected apiaries. If any contagious disease is present, he may examine all apiaries in the same locality and ascertain whether or not any contagious disease exists in the apiaries. If satisfied of the existence of any such contagious disease, the commissioner may burn, sterilize, or medically treat said apiary in strict compliance with rules and regulations pertaining thereto, or the commissioner may require the beekeeper to burn, sterilize, or medically treat said apiary.
2. If a dispute arises as to the diagnosis of the disease, a sample shall be taken and mailed to the nearest bee disease and investigation laboratory for positive identification. Should the occasion arise, the commissioner may preserve from destruction diseased colonies for experimental purposes.

Source: L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-6. L. 90: (1) amended, p. 1595, § 6, effective April 3.

35-25-107. Inspection of beehives for interstate movement.

Any beekeeper or person requesting an inspection of beehives for contagious disease for the purpose of interstate movement shall be liable for all costs of such inspection. The beekeeper or his agent shall accompany and assist the inspector in making the inspection.

Source: L. 73: p. 205, § 1. C.R.S. 1963: § 7-7-7. L. 81: IP(1) amended, p. 1704, § 2, effective June 5. L. 83: (1) and (4) amended and (1.1) and (1.3) added, p. 1359, § 2, effective June 1. L. 85: (1) R&RE and (1.1) repealed, pp. 1139, 1140, §§ 2, 4, effective May 31. L. 90: Entire section R&RE, p. 1595, § 7, effective April 3.

35-25-108. Beehives equipped with movable combs - certificate - permit.

1. Beehives shall be equipped with movable combs.
2. Bees on combs and used beekeeping appliances or equipment entering Colorado must be accompanied by a certificate declaring the apiaries from which the bees, appliances, or equipment originated to be free from contagious diseases. This certificate shall be from a duly authorized inspector of the state of origin.
3. Anyone desiring to move bees on combs or used bee equipment into the state of Colorado shall be required to secure an entry permit from the commissioner. Application for this permit shall be accompanied by a timely certificate of inspection, as defined by the commissioner, issued from the state apiary inspection agency of the state of origin, showing freedom from contagious disease, the number of colonies to be moved, and the county to which the owner or operator desires to move. The owner or operator of the bees or equipment shall notify the commissioner upon arrival in the state.

Source: L. 73: p. 206, § 1. C.R.S. 1963: § 7-7-8. L. 90: Entire section amended, p. 1595, § 8, effective April 3.

35-25-109. Labeling of adulterated or artificial products - enforcement. (Repealed)

Source: L. 73: p. 206, § 1. C.R.S. 1963: § 7-7-9. L. 75: Entire section R&RE, p. 1347, § 2, effective May 31. L. 77: (3) added, p. 1602, § 1, effective July 1. L. 90: Entire section repealed, p. 1597, § 13, effective April 3.

35-25-110. Authority to enter premises.

The commissioner is authorized, during reasonable business hours, to enter upon or into any premises, lands, buildings, or places where bees or beekeeping appliances are kept for carrying out the provisions of this article.

Source: L. 73: p. 207, § 1. C.R.S. 1963: § 7-7-10.

35-25-111. Penalties.

[ Editor's note: This version of this section is effective until March 1, 2022. ] In addition to civil penalties which may be imposed pursuant to section 35-25-103 (5), any person violating any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars for the first offense and, for any offense thereafter, is guilty of a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

35-25-111. Penalties.

[ Editor's note: This version of this section is effective March 1, 2022. ] In addition to civil penalties that may be imposed pursuant to section 35-25-103 (5), any person violating any provision of this article 25 commits a civil infraction and, for any offense thereafter, is guilty of a petty offense and shall be punished as provided in section 18-1.3-503.

Source: L. 73: p. 207, § 1. C.R.S. 1963: § 7-7-11. L. 75: Entire section amended, p. 1348, § 3, effective May 31. L. 90: Entire section amended, p. 1596, § 9, effective April 3. L. 2002: Entire section amended, p. 1548, § 309, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3278, § 623, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

35-25-112. Injunctive relief.

The commissioner may institute an action to enjoin any violation of this article or any rule or regulation promulgated under this article. A violation of this article or any rule or regulation promulgated pursuant thereto is declared to constitute a public nuisance. Such action for injunction may be maintained notwithstanding the existence of other legal remedies and notwithstanding the pendency or successful completion of a criminal prosecution. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

Source: L. 73: p. 207, § 1. C.R.S. 1963: § 7-7-12. L. 90: Entire section amended, p. 1596, § 10, effective April 3.

Cross references: For abatement of a public nuisance, see part 3 of article 13 of title 16.

35-25-113. Agreements.

The commissioner may enter into agreements with any municipal, county, federal, or other state agencies and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article.

Source: L. 73: p. 207, § 1. C.R.S. 1963: § 7-7-13.

35-25-114. Exemption. (Repealed)

Source: L. 77: Entire section added, p. 1602, § 2, effective July 1. L. 80: Entire section amended, p. 692, § 2, effective April 13. L. 81: Entire section amended, p. 1704, § 3, effective June 5. L. 83: Entire section repealed, p. 1360, § 3, effective June 1.

35-25-115. Alfalfa leaf-cutter bees - importation - possession - enforcement - penalties. (Repealed)

Source: L. 80: Entire section amended, p. 691, § 1, effective April 13. L. 81: (6) amended, p. 1706, § 1, effective May 18.

Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 1984. (See L. 81, p. 1706 .)

35-25-116. Bee inspection fund - transfer of moneys to plant health, pest control, and environmental protection cash fund.

All fees collected pursuant to this article 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. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the bee inspection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

Source: L. 85: Entire section added, p. 1140, § 3, effective May 31. L. 86: Entire section amended, p. 1221, § 33, effective May 30. L. 90: Entire section amended, p. 1596, § 11, effective April 3. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 318, § 11, effective July 1.

35-25-117. Emergency powers.

If, at any time, the commissioner determines the existence of any imminent hazard inimical to the beekeeping industry in this state, the commissioner may take appropriate action, including but not limited to: Inspecting any public or private place; establishing and enforcing quarantines; issuing and enforcing orders and rules for the control and eradication of said hazard; and taking such other action as may seem advisable and not contrary to law as the commissioner is empowered with pursuant to this title. The commissioner is hereby authorized to seek reimbursement from the general assembly for any funds expended in the exercise of these emergency powers.

Source: L. 90: Entire section added, p. 1596, § 12, effective April 3. L. 2002: Entire section amended, p. 879, § 10, effective August 7.

35-26-101. Short title.

This article shall be known and may be cited as the "Colorado Nursery Act".

Source: L. 71: R&RE, p. 143, § 1. C.R.S. 1963: § 6-15-1.

35-26-101.5. Legislative declaration.

1. The general assembly hereby finds and determines that nursery stock can harbor plant pests and diseases and operate as a disease vector. Unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests and to the state's general environmental quality.
2. Therefore, the general assembly hereby declares that it is necessary to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, or out-of-state customers meets the national nursery stock cleanliness standard.

Source: L. 2018: Entire section added, (HB 18-1246), ch. 105, p. 790, § 1, effective August 8.

35-26-102. Definitions.

As used in this article 26, unless the context otherwise requires:

1. "Advertisement" means the attempt by publication, dissemination, solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property. (1.5) (Deleted by amendment, L. 91, p. 151 , § 5, effective July 1, 1991.)

   (1.7) "Body politic" means any agency of this state or of the federal government, or any unit of local government, including any county, city, town, school district, local improvement or service district, or special district, or any other governmental unit having authority under the law to tax or impose assessments, including special assessments.

2. "Botanical name" means that name used in the binomial system of nomenclature consisting of the genus and the species of a particular plant and, if there be one, the variety name of the species.

   (2.5) "Broker" means:

   1. When used as a verb, to negotiate the purchase or sale of any plant product on behalf of another person; or
   2. When used as a noun, a person who negotiates the purchase or sale of any plant product on behalf of another person.
3. "Collected nursery stock" means any nursery stock removed from its original native habitat.
4. "Collector" means any person who collects nursery stock for sale purposes.
5. "Commissioner" means the commissioner of agriculture.
6. "Common name" means the name of any plant which is in common and widest use in the state, to designate the kind and variety of a plant.
7. "Dead or dying condition" means a condition in which a plant is without living tissue, or is weakened to a point that it is unlikely to grow with reasonable vigor when given reasonable care.
8. (Deleted by amendment, L. 91, p. 151 , § 5, effective July 1, 1991.)
9. "Department" means the department of agriculture.

   (9.2) "Distribute" means, for any commercial purpose, to:

   1. Sell or give away, offer to sell or give away, display for sale or as a giveaway, or hold either for sale or to give away; or
   2. Ship, hold for shipment, or deliver or release for shipment.

   (9.3) "Effective control" means, when referring to any pest that is not quarantined pursuant to the "Pest Control Act", article 4 of this title 35, or that is not quarantined pursuant to any comparable federal quarantine law, eliminating or reducing a plant pest, disease, or weed to the point of an acceptable economic or environmental risk.

   (9.5) "Grown within Colorado" means propagated from seed or cuttings or by budding or grafting in Colorado, or grown as a native stand of trees or shrubs or other stock growing on property owned or leased in Colorado by the nursery who intends to collect and sell such stock.

10. "Insect pests" means the small invertebrate animal in the phylum anthropoda comprising the class insecta which generally have segmented bodies, are six-legged, and are usually winged, such as beetles, bugs, bees, and flies, including a similar class of arthropods whose members are wingless and generally have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice which are injurious to nursery stock.
11. "Landscape contractor" means a person who provides nursery stock for compensation or value as part of a site development or landscaping service.

    (11.5) "National nursery stock cleanliness standard" means a standard for nursery stock that requires that:

    1. The nursery stock is free of quarantine pests and pests of concern; and
    2. Any nonquarantine pests are under effective control.

    (11.6) "Noxious weed" means a species of plant that:

    1. Is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or destructive to agriculture, silviculture, or native species;
    2. Is difficult to control or eradicate; and
    3. The commissioner has identified as a prohibited weed by rule adopted in accordance with the "State Administrative Procedure Act", article 4 of title 24.
12. "Nursery" means any grounds or premises on or in which nursery stock is propagated, held, or grown for sale purposes.
13. "Nurseryman" means any person owning, leasing, or managing a nursery. All persons engaged in the operation of a nursery are farmers and are engaged in agriculture for all statutory purposes.
14. "Nursery stock" means:
    1. Any hardy plant or herbaceous or woody plant that:
       1. Survives Colorado winters; and
       2. Is grown, collected, or kept for propagation, sale, or distribution, including the following:
          1. A deciduous or evergreen tree;
          2. A shrub;
          3. A woody vine;
          4. Turfgrass sod; and
          5. Ornamental grass;
    2. Any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before the plant may be transferred into the state; and
    3. If the commissioner determines that regulating the movement of a plant is necessary to control any insect pest or plant disease, any other plant designated as nursery stock by the commissioner by rule.
15. (Deleted by amendment, L. 91, p. 151 , § 5, effective July 1, 1991.)
16. "Orchard plants" means trees, shrubs, and vines which are grown solely for their fruit or other products.
17. "Person" means any firm, partnership, association, corporation, society, individual, or combination of individuals.

    (17.5) "Pest of concern" means a nonquaratine pest that is not known to occur in the state or that has a limited distribution within the state but that has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk were it to be introduced to or proliferate in the state.

18. "Place of business" means each separate nursery, store, stand, sales ground, lot, or any location from which nursery stock is being sold, offered for sale, or distributed.
19. "Plant diseases" means the pathological condition in nursery stock caused by fungi, bacteria, nematodes, viruses mycoplasmas, or parasitic seed plants.

    (19.5) "Sell" means, for any commercial purpose and with respect to nursery stock, to offer, display, possess, exchange, barter, broker, distribute, or trade.

20. "Stop-sale order" means a written order prohibiting the sale of nursery stock.
21. "Turfgrass sod" means a strip or section of one or more grasses or other plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amounts specified by the commissioner.
22. "Weed" means any plant which grows where not wanted.

Source: L. 71: R&RE, p. 143, § 1. C.R.S. 1963: § 6-15-2. L. 83: (1), (11), (19), and (21) amended and (1.5), (1.7), and (22) added, p. 1361, §§ 1, 2, effective July 1. L. 91: (1), (1.5), (5), (7), (8), (10), (12), (15), and (20) amended, p. 151, § 5, effective July 1. L. 96: (9.5) added, p. 373, § 1, effective April 17. L. 2018: IP and (14) amended and (2.5), (9.2), (9.3), (11.5), (11.6), (17.5), and (19.5) added, (HB 18-1246), ch. 105, p. 790, § 2, effective August 8.

35-26-103. Inspections.

1. 1. Except as otherwise provided in this section, premises in this state on which nursery stock is kept for sale or offered for sale and all areas in this state that are sources of collected nursery stock may be inspected by the commissioner or the commissioner's authorized agents using a risk-based approach. If any person requests 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. Inspections may also be made by the commissioner or the commissioner's authorized agents at any time deemed appropriate by the commissioner based on information known to the commissioner or based on any complaint received by the commissioner alleging failure to comply with any provision of this article or any rule promulgated pursuant to this article.
   2. Repealed.
2. No person shall sell in this state any nursery stock except from sources available for inspection.
3. The commissioner may promulgate rules establishing minimum standards for the qualification of individuals who are authorized to make inspections as agents of the commissioner under this article and who are not employees of the department. The commissioner may charge an annual fee for qualifying such individuals as inspectors pursuant to this subsection (3). Such fee shall be in an amount sufficient to defray the costs of qualifying inspectors pursuant to this subsection (3).
4. On an annual basis, the commissioner shall make public the results of such inspections in order to inform the public as to the major sale sources of nursery stock found not to be of the quality permitted to be sold, and the location where such nursery stock was offered for sale. Publication of such reports shall be as provided for in sections 35-1-107 (3) and 24-1-136, C.R.S.

Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-3. L. 73: p. 198, § 5. L. 91: Entire section amended, p. 152, § 6, effective July 1. L. 96: Entire section amended, p. 374, § 3, effective April 17. L. 2002: (1)(a) amended, p. 309, § 1, effective April 18. L. 2018: (1)(b) repealed, (HB 18-1246), ch. 105, p. 792, § 3, effective August 8.

35-26-104. Labeling - rules.

1. There shall be securely attached to each item of nursery stock when offered for sale or distributed, or to each bundle or lot when sold as a single lot of the same kind, grade, size, and variety, a label showing:
   1. The correct botanical or accepted common name;
   2. The grade or size of the nursery stock; and
   3. Any other information established by the commissioner by rule adopted in accordance with the "State Administrative Procedure Act", article 4 of title 24.
2. The grade or size shall meet the specifications established by rules or regulations after public hearing and publication by the commissioner.
3. The labeling required in subsection (1) of this section shall not apply to turfgrass sod. Each and every lot of turfgrass sod sold shall be labeled by stating on the sales contract, invoice, or bill of lading such information as required by the commissioner.

Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-4. L. 83: (3) added, p. 1362, § 3, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 792, § 4, effective August 8.

35-26-105. Prohibited acts - removal from sale - advisory alerts.

1. A person shall not sell, offer for sale, or distribute:
   1. Nursery stock in a dead or dying condition;
   2. Nursery stock infested or infected with insect pests or plant diseases;
   3. Noxious weeds or nursery stock that is infested with noxious weeds; or
   4. Nursery stock in violation of any other provision of this article 26 or any rules promulgated pursuant to this article 26.
2. The commissioner or his authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this article or any rules or regulations promulgated pursuant to this article. Any person receiving a stop-sale order shall remove such stock from sale immediately.
3. Failure to comply with any stop-sale order may result in penalties as set forth in section 35-26-109.
4. If the commissioner makes a finding, after notice and opportunity for a hearing, that substandard plant material is being sold by a nursery outside of Colorado to any nursery in this state, the commissioner may ban any products from said nursery from sale or distribution in Colorado and any further shipments of nursery stock from said nursery may be seized and destroyed. Upon such banning, the commissioner shall issue an alert to all persons registered under this article setting forth the commissioner's finding and advising registrants that the purchase of plant material from such offending nursery constitutes a violation of this article.

Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-5. L. 83: (1) and (2) amended, p. 1362, § 4, effective July 1. L. 91: (1)(b) amended and (3) and (4) added, p. 153, § 7, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, § 5, effective August 8.

35-26-106. Registration - plant health, pest control, and environmental protection cash fund - fees - rules.

1. A person shall not engage in the business of selling nursery stock in this state, nor shall the person advertise with the intent and purpose of selling nursery stock in this state, without having first obtained a registration issued by the commissioner. The registration expires on December 31 of each year. Application for registration must be submitted on a form prescribed by the commissioner. The commissioner shall, by rule, establish a registration fee for each place of business. The fee must not exceed three hundred dollars. Applicants for a registration who were registered at any time during the calendar year immediately preceding the year for which application is made must apply for a registration by March 1 or pay an amount double the registration fee. A registration is not transferable. All registrants shall inform the commissioner in writing of any change of address prior to the change. All registrants shall meet the requirements of this article 26 and the rules promulgated pursuant to this article 26.
2. Collectors shall produce upon demand written evidence of authorization to have collected any and all nursery stock held or offered for sale. Such evidence of authorization shall provide information as required by rule and regulation promulgated pursuant to this article.
3. A charge for the actual cost incurred in making inspections shall be collected to defray the costs of inspections made pursuant to this article. The commissioner shall, by rule or regulation, establish a minimum charge per inspection, and shall determine the actual cost incurred in making inspections and establish the charge therefor.
4. All fees and charges collected pursuant to this article shall be transmitted to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado nursery fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-6. L. 73: p. 197, § 1. L. 83: (1) and (2) amended, p. 1362, § 5, effective July 1. L. 87: Entire section amended, p. 1285, § 1, effective July 1. L. 91: (1) to (3) amended, p. 153, § 8, effective July 1. L. 2009: (4) amended, (HB 09-1249), ch. 87, p. 318, § 12, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, § 6, effective August 8.

35-26-107. Advisory committee - sunset review. (Repealed)

Source: L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-7. L. 73: p. 197, § 2. L. 86: (3) added, p. 425, § 60, effective March 26. L. 91: (1) and (3)(a) amended, p. 154, §§ 9, 10, effective July 1.

Editor's note: Subsection (3)(a) provided for the repeal of this section, effective July 1, 1996. (See L. 91, p. 154 .)

35-26-108. Access to locations and records - administrative subpoena - complaints and investigations.

1. 1. At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all buildings, yards, warehouses, and storage facilities owned or operated by a registrant in which any nursery stock is kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
   2. At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
2. The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article.

Source: L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-8. L. 91: Entire section amended, p. 155, § 11, effective July 1.

35-26-109. Penalties.

1. [ Editor's note: This version of subsection (1) is effective until March 1, 2022.] Any person who intentionally violates any provision of this article or the rules or regulations promulgated pursuant to this article commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

   (1) [ Editor's note: This version of subsection (1) is effective March 1, 2022. ] Any person who intentionally violates any provision of this article 26 or the rules or regulations promulgated pursuant to this article 26 commits a petty offense and shall be punished as provided in section 18-1.3-503.

2. Any person who violates any provision of this article, or any rule or regulations made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.
3. No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
4. If the commissioner is unable to collect such civil penalty or if any person fails to pay all of the civil penalty or a set portion as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
5. Before imposing any civil penalty under this section, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
6. (Deleted by amendment, L. 91, p. 155 , § 12, effective July 1, 1991.)

Source: L. 71: R&RE, p. 146, § 1. C.R.S. 1963: § 6-15-9. L. 73: p. 197, § 3. L. 83: (2), (5), and (6), amended, p. 1363, § 6, effective July 1. L. 91: Entire section amended, p. 155, § 12, effective July 1. L. 2002: (1) amended, p. 1548, § 310, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3278, § 624, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.

35-26-110. Out-of-state nurseries.

1. The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the commissioner a certified copy of the "state of origin" certificate of inspection of the nursery. This requirement may be satisfied by delivering to the commissioner a list of inspected and certified nurseries from the "state of origin" in lieu of individual certificates of inspection from each nursery. Each shipment of nursery stock entering the state of Colorado shall be accompanied by a certificate of inspection which states that the nursery stock has the appearance of freedom from insect pests and plant diseases.

   (1.5) An out-of-state nursery advertising and selling nursery stock in Colorado and having no duly appointed resident agent in this state upon whom process may be served as provided by law shall be deemed to have appointed the secretary of state as the agent of said nursery upon whom service of process may be had in the event of any suit against said nursery. Service on the secretary of state of any such process shall be made by delivering to and leaving with him or with his deputy, an assistant, or a clerk two copies of such process. The secretary of state shall also require a statement which contains the name and address of the nonresident's home or home office. After receipt of such process the secretary of state shall forward to the defendant a copy of the process by registered mail, return receipt requested. The person so serving the secretary of state shall immediately send or give to the commissioner a notice of such service and a copy of the process. The secretary of state shall collect at the time of any service of process on him as resident agent a fee which shall be determined and collected pursuant to section 24-21-104 (3), C.R.S.

2. (Deleted by amendment, L. 91, p. 156 , § 13, effective July 1, 1991.)

Source: L. 73: p. 198, § 4. C.R.S. 1963: § 6-15-10. L. 83: (1) amended and (1.5) added, p. 1363, § 7, effective July 1. L. 85: (1.5) amended, p. 1365, § 36, effective June 28. L. 91: (1) and (2) amended, p. 156, § 13, effective July 1.

35-26-111. Rules and regulations.

The commissioner is hereby authorized and directed to promulgate such rules and regulations as he may deem necessary and proper for the furtherance and enforcement of the provisions of this article. Such rules and regulations shall be promulgated in accordance with applicable provisions of article 4 of title 24, C.R.S.

Source: L. 73: p. 198, § 4. C.R.S. 1963: § 6-15-11.

35-26-112. Delegation of duties.

The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

Source: L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: Entire section amended, p. 157, § 14, effective July 1.

35-26-113. Bodies politic.

1. All growing fields and all other premises in this state on which nursery stock is being grown or held by bodies politic for the purpose of planting on public or private grounds shall be inspected at least once each year by the commissioner or his authorized agents.
2. A body politic shall not plant nursery stock infested with insect pests or infected by plant diseases on public or private grounds.
3. A body politic shall be subject to the inspection fees set forth in section 35-26-106 (3).

Source: L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: (1) and (3) amended, p. 157, § 15, effective July 1.

35-26-114. Enforcement.

1. After an investigation, the commissioner may, through the attorney general, institute and prosecute the proper proceedings for the enforcement of any of the provisions of this article, or for the recovery of any money due the department, or any penalty provided for in this article, and shall defend in like manner all suits, actions, or proceedings brought against the commissioner or the department.
2. The commissioner may deny, suspend, or revoke a registration if the applicant or holder thereof does not engage in the sale of nursery stock.
3. 1. Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
   2. In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.
   3. No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
   4. Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.
4. The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey an administrative subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
5. Whenever it appears to the commissioner, upon sufficient evidence satisfactory to the commissioner, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule or of any order promulgated under this article, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order promulgated under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
6. Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a registrant.
7. The commissioner may deny, revoke, or suspend any registration for any of the following:
   1. If the party has violated any provision of this article or any rules promulgated pursuant to this article;
   2. If the party has had a felony conviction related to the conduct regulated by this article;
   3. If there has been fraud or deception in the procurement or attempted procurement of a registration;
   4. If the party has failed to comply with a lawful order of the commissioner;
   5. If the party has knowingly misrepresented information on his application;
   6. If the party has had an equivalent registration or license revoked or suspended by any authority; and
   7. If the party has forged or otherwise falsified a certificate of inspection.

Source: L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: Entire section amended, p. 157, § 16, effective July 1.

35-26-115. Termination of function - repeal of article. (Deleted by amendment, L. 1996.)

Source: L. 88: Entire section added, p. 933, § 29, effective April 28. L. 91: Entire section amended, p. 159, § 17, effective July 1. L. 96: Entire section amended, p. 374, § 3, effective April 17.

35-27-101. Short title.

This article shall be known and may be cited as the "Colorado Seed Act".

Source: L. 93: Entire article R&RE, p. 1000, § 1, effective July 1.

35-27-102. Legislative declaration.

The general assembly hereby finds and declares that truth in the labeling of seed is of paramount importance to the citizens of Colorado because the distribution and subsequent use of poor quality seed caused by inaccurate or misleading labeling of such seed can result in severe economic hardship due to low crop yields, poor crop quality, and the spread of noxious weed seed. It is the intent of the general assembly in enacting this article to prevent the distribution and use of poor quality seed through the regulation of the labeling, the labelers, and the sellers of seed for propagation in Colorado.

Source: L. 93: Entire article R&RE, p. 1000, § 1, effective July 1.

35-27-103. Definitions.

As used in this article, unless the context otherwise requires:

1. "Advertisement" means all representations commercial and otherwise, other than labeling, disseminated in any manner or by any means by the seller of seed as such representations relate to such seed.
2. "Bean" means all species of genus phaseolus, vigna, and cicer.
3. "Certified seed" means seed certified by a seed certifying agency pursuant to this article and includes foundation and registered seed.
4. "Certifying agency" means the seed certification service of the Colorado state university authorized by the board of governors of the Colorado state university system or the authorized seed certifying agency of another state.
5. "Commissioner" means the commissioner of agriculture.
6. "Conditioning" means drying, cleaning, scarifying, sizing, or any other operation which could change the purity or germination of seed.
7. "Custom seed conditioner" means any person in Colorado who engages in the business of conditioning seed by either a stationary or portable seed cleaner, if ownership of such seed is retained by the customer.
8. "Department" means the department of agriculture.
9. "Disease of beans" means a bacterial, viral, or fungal disease of beans. The term includes any of the following diseases and any variations or new strains of the following diseases which are recognized as pathogenic or a potential threat to seed bean production:
   1. Anthracnose (collectotrichum lindemuthianum);
   2. Bean bacterial wilt (corynebacterium flaccumfaciens ssp. flaccumfaciens);
   3. Strains of brown spot (pseudomonas syringae pv. syringae);
   4. Common bean blight (xanthomonas campestris pv. phaseoli);
   5. Halo blight (pseudomonas syringae pv. phaseolicola); and
   6. BCMV (bean common mosaic virus).

   (9.5) "Dormant seeds" means viable seeds, other than hard seeds, that fail to germinate when provided the specific germination conditions for the kind of seed in question.

10. "Farmer seed labeler" means any person who labels only seed produced for sale on property owned or rented by such person or such person's employer in Colorado.
11. "Germination" means the emergence and development from the seed embryo of those essential structures that, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

    (11.5) "Hard seeds" means seeds that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat.

12. "Inert matter" means matter which is not seed, including broken seed, sterile florets, chaff, fungus bodies, and stones, as defined by the commissioner.
13. "Kind" means one or more related species or subspecies which singly or collectively are known by one common name, including corn, oats, alfalfa, timothy, and western wheatgrass.
14. "Labeling" means all labels, tags, and other written, printed, or graphic representations, in any form, accompanying and pertaining to specific seed whether in bulk or in containers and includes invoices; except that labeling does not include advertisements as defined in this section.
15. "Lot" means a definite quantity of seed identified by a lot number or other mark. Every portion or bag of any such lot shall be uniform within recognized tolerances for the factors which appear in the labeling of such lot.
16. "Noxious weed seed" means the seed produced from plants which are especially troublesome and detrimental and which may cause damage or loss to a considerable portion of the land or livestock of a community. Noxious weed seed are divided into two classes: "prohibited noxious weed seed" and "restricted noxious weed seed" and are defined as follows:
    1. "Prohibited noxious weed seed" means the seed of perennial, biennial, and annual weeds which are highly detrimental and especially difficult to control. The presence of prohibited noxious weed seed in seed precludes the sale of seed for propagation. Prohibited noxious weed seed includes the seed of any weed so designated by the commissioner.
    2. "Restricted noxious weed seed" means the seed of weeds which are very objectionable in fields, lawns, and gardens but which can be controlled by good cultural practices. Restricted noxious weed seed includes the seed of any weed so designated by the commissioner.
17. "Origin" means the state or foreign country in which seed is grown.
18. "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.
19. "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, substance, or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term "pesticide" shall not include any substance that is a "new animal drug" as designated by the United States food and drug administration.
20. "Record" means any information which relates to the origin, treatment, germination, purity, kind, and variety of each lot of seed sold in this state. Such information includes seed samples and documents showing declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations.
21. "Retail seed dealer" means any person who engages in the business of selling seed at retail in Colorado.
22. "Screenings" means chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed in any way from any seed in any kind of cleaning procedure.
23. "Seed" means agricultural, vegetable, ornamental, shrub, or tree seed for propagation. The term "seed" does not include tubers that are planted or used, or intended to be planted or used, as seed potatoes and are thus regulated under the "Colorado Seed Potato Act", article 27.3 of this title.
24. "Seed labeler" means a person who engages in the business of labeling seed for sale in Colorado and whose name and address appears on the label of such seed.
25. "Tolerance" means:
    1. For "seed", the allowable deviation, as prescribed in the rules and regulations adopted pursuant to this article, from any figure used on a label including but not limited to those figures used to designate the percentage of any fraction of the lot in question, the percentage germination, or the number of noxious weed seeds present;
    2. For "bean", in addition to the requirements of paragraph (a) of this subsection (25), the deviation from minimum levels of seed-borne pathogens and the diseases of beans allowed by the commissioner.
26. "Treated" means that the seed has received an application of a substance or that it has been subjected to a procedure for which a claim is made.
27. 1. "Variety" (cultivar) means a division of a kind which is distinct, stable, and uniform.
    2. For purposes of this subsection (27):
       1. "Distinct" means that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties publicly known.
       2. "Stable" means that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.
       3. "Uniform" means that variations in essential and distinctive characteristics are describable.
28. "Weed seed" means the seed of plants detrimental to agriculture and generally recognized as weeds within this state and includes noxious weed seed.

Source: L. 93: Entire article R&RE, p. 1000, § 1, effective July 1. L. 99: (10) amended, p. 188, § 3, effective March 31. L. 2002: (4) amended, p. 1248, § 24, effective August 7. L. 2007: (9.5) and (11.5) added and (11) amended, p. 642, § 1, effective April 26. L. 2010: (23) amended, (SB 10-072), ch. 384, p. 1792, § 3, effective July 1.

Editor's note: This section is similar to former §§ 35-27-101 and 35-27-102 as they existed prior to 1993.

Cross references: For exceptions to labeling requirements, see §§ 35-27-105 and 35-27-108.

35-27-104. Scope of article.

1. This article does not apply to:
   1. Seed not intended for propagation; except that screenings are subject to the requirements of section 35-27-113 (1)(e);
   2. Seed in storage in or consigned to a seed conditioning establishment for conditioning or for sale outside the state; except that:
      1. Disclosure of information concerning the holding, sale, and transportation of such seed shall be provided:
         1. On the labels attached to such seed; or
         2. Upon request; and
      2. All labeling and advertisements made regarding such seed are subject to this article;
   3. Seed sold or consigned to a merchant, if such seed is to be recleaned before it is sold for propagation; except that the seller or consignor of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;
   4. Seed of a variety not protected by the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, sold on a grower's premises and delivered to a purchaser, if such seed is: Grown on such grower's premises, not delivered by common carrier or by mail, and not commercially advertised in any way; except that such seed shall be subject to the noxious weed provisions of section 35-27-113 (2), and the grower of such seed shall be responsible for any advertisements made concerning such seed in the course of the sale of such seed;
   5. Seed brought into the state by the Colorado agricultural experiment station for experimental purposes or for storage in the USDA-ARS national center for genetic resources preservation;
   6. Any person who produces seed for such person's own use on property owned or rented by such person or such person's employer;
   7. Seed held for wholesale transactions; except that such seed shall be subject to the labeling requirements of section 35-27-105;
   8. Seed potatoes as defined in section 35-27.3-103.
2. Any person who acts as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state shall be subject to this article.

Source: L. 93: Entire article R&RE, p. 1004, § 1, effective July 1. L. 99: (1)(d) amended, p. 189, § 4, effective March 31. L. 2007: (1)(e) amended, p. 642, § 2, effective April 26. L. 2010: IP(1) amended and (1)(h) added, (SB 10-072), ch. 384, p. 1793, § 4, effective July 1.

Cross references: For the "Federal Seed Act", see 7 U.S.C. § 1551 et seq.

35-27-105. Label requirements.

1. 1. Except as otherwise provided in this article, every container of seed which is sold, offered or exposed for sale, bartered, or distributed within this state for propagation shall conspicuously bear a legible and plainly written or printed label or tag in English which shall provide all information required by the commissioner. A label shall not bear false or misleading information.
   2. For purposes of this subsection (1), a lot of seed sold at wholesale or at bulk shall be categorized as a sale in a single container.
2. All labels made pursuant to this section shall include arbitration information required pursuant to section 35-27-123.

Source: L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-103 as it existed prior to 1993.

35-27-106. Tolerances.

1. Tolerances shall be recognized between:
   1. The percentages or rates of occurrence found by analysis, test, or examination; and
   2. The percentages or rates of occurrence prescribed by the commissioner.
2. In prescribing tolerances the commissioner shall use as guides:
   1. The tolerances defined in the "Federal Seed Act", 7 U.S.C. secs. 1551 to 1610, as amended; and
   2. Rules for testing seed adopted by the association of official seed analysts.

Source: L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-104 as it existed prior to 1993.

35-27-107. Sales from bulk lots.

1. If seed is sold, offered or exposed for sale, bartered, or distributed in or from a bulk lot, a label required pursuant to section 35-27-105 shall be furnished to each purchaser of such seed; except that such label shall not be required to be furnished for sales otherwise exempted.
2. No label required pursuant to subsection (1) of this section shall be required for bulk lot seed if such seed is:
   1. Sold, offered or exposed for sale, bartered, or distributed in a lot of less than five pounds directly to a consumer; and
   2. Taken from a container in such consumer's presence.

Source: L. 93: Entire article R&RE, p. 1005, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-105 as it existed prior to 1993.

35-27-108. Seed shipped into state.

1. No seed shall be brought into the state unless such seed:
   1. Has been tested and has passed all such required tests as required by the commissioner pursuant to rule and regulation; and
   2. Is in a container which meets the labeling requirements of section 35-27-105; and
   3. Meets all other requirements of this article.
2. Tests required pursuant to paragraph (a) of subsection (1) of this section shall be developed by the commissioner through rule and regulation.

Source: L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-106 as it existed prior to 1993.

35-27-109. Seed beans - approval.

1. 1. 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.
   2. The commissioner may designate those areas of the state in which the provisions of this section shall apply.
2. 1. The commissioner shall establish reasonable fees for inspections performed pursuant to this section.
   2. Fees established pursuant to this subsection (2) shall be:
      1. Sufficient to offset the actual direct and indirect costs incurred by the commissioner in administering the provisions of this section; and
      2. Paid by the person selling, bartering, or distributing seed beans.
3. The commissioner may, by contractual agreement, retain qualified persons to act as agents of the commissioner for the performance of inspections pursuant to subsection (1) of this section.

Source: L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-104 as it existed prior to 1993.

35-27-110. Seed records and samples.

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 sample of such seed for a period of at least two years after final disposition of such seed. All such records and samples shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours. Records required pursuant to this section shall be in addition to any record kept pursuant to section 35-27-112.

Source: L. 93: Entire article R&RE, p. 1006, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-112 as it existed prior to 1993.

35-27-111. Registration of custom seed conditioners, farmer seed labelers, retail seed dealers, and seed labelers - form - fees - renewal - rules.

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. 1. A person may register as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler by submitting information on the form and with the registration fee prescribed by the commissioner.
   2. 1. Each registration completed pursuant to this section is effective for up to one year, subject to a renewal schedule established by the commissioner by rule.
      2. (Deleted by amendment, L. 2020.)
   3. A registrant shall report any change in the information provided in such registrant's registration form or in any report submitted to the department pursuant to this article within fifteen days of such change in the manner prescribed by the commissioner.
3. The following persons shall be exempt from the provisions of subsections (1) and (2) of this section:
   1. Any person registered as a custom seed conditioner, farmer seed labeler, or seed labeler shall not be required to register as a retail seed dealer to sell seed at retail in Colorado;
   2. Any person registered as a seed labeler shall not be required to register as a custom seed conditioner in Colorado;
   3. Any person registered as a farmer seed labeler shall not be required to register as a custom seed conditioner if such person is only cleaning or conditioning such person's own seed; and
   4. Any person acting as a retail seed dealer selling only prepackaged seed in containers of one pound or less shall not be required to register as a retail seed dealer if the seed labeler supplying such prepackaged seed is properly registered.
4. 1. Subject to modification by rule pursuant to subsection (4)(b) of this section, the registration fee for each registrant is as follows:
      1. For custom seed conditioners and seed labelers, five hundred nineteen dollars;
      2. For farmer seed labelers and retail seed dealers, one hundred thirty dollars; and
      3. For retail seed dealers for each separate location, forty-three dollars.
   2. The commissioner may adjust registration fees by rule; except that registration fees for:
      1. Custom seed conditioners and seed labelers must not exceed seven hundred dollars; and
      2. Farmer seed labelers and retail seed dealers must not exceed two hundred dollars.
   3. The commissioner shall, by rule, establish fees for each additional separate registration location according to the class of registrant; except that the fee for:
      1. Custom seed conditioners and seed labelers must not exceed two hundred dollars for each additional separate location; and
      2. Farmer seed labelers and retail seed dealers must not exceed two hundred dollars for each additional separate location.
5. 1. Any person registered pursuant to this article may renew such person's registration within one year of its expiration. No registration shall be renewed if it is not renewed within one year of expiration.
   2. A registration may be renewed by a registrant by submitting a completed registration renewal form and the requisite renewal fee before such registrant's current registration expires. Such renewal forms and fees shall be prescribed by the commissioner.
   3. If a registrant does not complete the renewal process in compliance with paragraph (b) of this subsection (5), such registrant shall be required to pay a fee of an amount double the prescribed renewal fee.
   4. No renewal shall be effective until the requisite fee is received by the department.

Source: L. 93: Entire article R&RE, p. 1007, § 1, effective July 1. L. 99: (2)(b) amended, p. 189, § 5, effective March 31. L. 2020: (2)(b) and (4) amended, (HB 20-1184), ch. 145, p. 629, § 3, effective June 29.

35-27-112. Record-keeping requirements.

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 years at the registrant's address. Records required pursuant to this section shall be in addition to any record kept pursuant to section 35-27-110.

Source: L. 93: Entire article R&RE, p. 1008, § 1, effective July 1.

35-27-113. Prohibitions.

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:
   1. Has not been tested to determine the percentage of germination of such seed within the previous thirteen months, except for certain cool season grasses as determined by the commissioner by rule, if such seed has not been tested within the previous sixteen months, and except that, for seed stored in hermetically sealed containers, if such seed has not been tested within the previous twenty-four months. For labeling purposes, a tetrazolium test may not be used in place of a germination test except as specifically authorized by the commissioner by rule.
   2. Has been treated with a material which is poisonous to humans or livestock unless there is a conspicuous warning in the labeling which gives the commonly accepted or abbreviated chemical name of the poisonous substance;
   3. Is not labeled in accordance with this article;
   4. Is or has been the subject of false or misleading advertisements or statements by the person, or such person's agent, who is selling, exposing or offering for sale, bartering, or distributing such seed;
   5. Is sold in the form of screenings, but is not labeled and invoiced as "screenings for processing, not for seeding";
   6. Is officially labeled or advertised as certified or registered, and if such seed has not been produced, conditioned, and packaged in conformity with the standards of purity as to kind and variety in compliance with the rules and regulations of the certifying agency. For purposes of this paragraph (f), labeling or advertising guarantees that seed is certified if such labeling or advertising uses the word "certified", "foundation", or "registered" in any manner.
   7. 1. Is sold by a variety name but is not certified by an official seed certifying agency if such seed is of a variety for which a certificate or application for certificate of plant variety protection under the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, requires sale only as a class of certified seed.
      2. Notwithstanding subparagraph (I) of this paragraph (g), seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety.
   8. Is sold by a variety name when such seed is of a variety for which a certificate or application for certificate of plant variety protection under the federal "Plant Variety Protection Act", 7 U.S.C. secs. 2321 to 2582, as amended, has been granted or for which an application for a certificate of plant variety protection has been sought.
2. 1. It is a civil 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 contains:
      1. More than two percent of weed seed by weight or such other standard established by the commissioner;
      2. Prohibited noxious weed seed; or
      3. 1. More restricted noxious weed seed per pound than the amount declared on the label attached to the container of such seed, if the amount declared meets the standards established by the commissioner; or
         2. More restricted noxious weed seed per pound than the amount allowed by the standards established by the commissioner.
   2. Any person who violates paragraph (a) of this subsection (2) shall be subject to a civil penalty pursuant to section 35-27-118.
3. It is unlawful and a violation of this article for any person within this state to:
   1. Detach, alter, deface, or destroy any label or tag completed pursuant to section 35-27-105, if such person is not the ultimate consumer;
   2. Alter or substitute seed or other material in a manner that may defeat the purposes of this article;
   3. Disseminate any false or misleading advertisement concerning a specific lot of seed in any manner or by any means;
   4. Intentionally hinder or obstruct in any way any authorized person in the performance of such person's official duties as such duties pertain to this article;
   5. Perform, or hold oneself out as being authorized to perform, any of the acts for which registration is required without registering pursuant to section 35-27-111;
   6. Solicit, advertise, or offer to perform any of the acts for which registration is required without being registered;
   7. Refuse or fail to comply with a cease-and-desist order issued pursuant to section 35-27-116;
   8. Refuse or fail to comply with the provisions of this article;
   9. Make false, misleading, deceptive, or fraudulent advertisements concerning a specific lot of seed;
   10. Impersonate any state, county, city and county, or municipal official or inspector authorized pursuant to this article;
   11. Refuse or fail to comply with any rules or regulations adopted by the commissioner pursuant to this article or to any lawful order issued by the commissioner.
4. It is unlawful and a violation of this article for any person to sell, offer or expose for sale, barter, or distribute, for other than propagation purposes, within the state, any seed that has been treated unless it is sold separately from untreated seed or grain and is accompanied by an affidavit, certificate, label, or tag stating that the seed has been chemically treated and cannot be used for food, feed, or oil purposes.
5. It is unlawful and a violation of this article for any person acting as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler to:
   1. Make false or misleading representations or statements of fact in any application, record, or report submitted to the department pursuant to this article;
   2. Fail to maintain or submit any records or reports required by this article;
   3. Permit the use of a registration by any person other than the registrant.
6. [ Editor's note: This version of the introductory portion to subsection (6) is effective until March 1, 2022.] A person commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., when such person:

   (6) [ Editor's note: This version of the introductory portion to subsection (6) is effective March 1, 2022. ] A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 when such person:

   1. Sells, offers or exposes for sale, barters, or distributes within the state:
      1. Any seed beans which have not been approved in accordance with section 35-27-109;
      2. Any seed subject to the provisions of this article if such person fails to comply with or violates the provisions of this article;
   2. 1. Removes or disposes of any detained or embargoed seed without prior permission from the commissioner or a court of competent jurisdiction or removes or alters any labeling on such seed.
      2. Any person violating this paragraph (b) may be subject to civil penalties assessed in accordance with section 35-27-118.
7. The failure by any person to comply with the provisions of subsection (3)(e), (3)(f), or (3)(i) of this section is a deceptive trade practice and is subject to the provisions of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.
8. It is the duty of the several district attorneys of the state to prosecute all persons charged with the violation of any of the provisions of this article. It is the duty of the attorney general to advise the commissioner in all legal matters and to represent the commissioner or the commissioner's agents in all actions brought by or against the commissioner or the commissioner's agents.

Source: L. 93: Entire article R&RE, p. 1008, § 1, effective July 1. L. 99: (1)(g) and (1)(h) amended, p. 189, § 6, effective March 31. L. 2002: IP(6) amended, p. 1548, § 311, effective October 1. L. 2007: (1)(a) and (1)(g) amended, p. 643, § 3, effective April 26. L. 2021: IP(6) amended, (SB 21-271), ch. 462, p. 3278, § 625, effective March 1, 2022.

35-27-114. Powers and duties of commissioner.

1. In addition to any other duties in this article, the commissioner shall:
   1. Administer and enforce the provisions of this article;
   2. Adopt rules and regulations necessary for the administration and enforcement of this article including but not limited to rules and regulations which:
      1. Set forth the methods to inspect, sample, analyze, and test seed, including defining the tolerances to be followed during such processes pursuant to section 35-27-106;
      2. Amend the lists of prohibited and restricted noxious weed seed;
      3. Establish procedures and standards including defining allowable tolerances to be used for the inspection and approval of seed beans that are within allowable tolerances pursuant to section 35-27-109;
      4. Establish standards for the sale of any seed including but not limited to standards for the acceptable content of pathogens, biotic contaminant, insects, plant pests, and endophytes in such seeds;
      5. Establish procedures and standards to embargo seed pursuant to section 35-27-119;
      6. Establish procedures for the reinstatement of any registration authorized pursuant to this article;
      7. Enforce any disciplinary actions authorized pursuant to this article including but not limited to letters of admonition or the denial, suspension, or revocation of any registration;
      8. Establish the amounts of the registration fees pursuant to section 35-27-111;
   3. Promptly notify any person who transported, sold, bartered, or distributed the seed or offered or exposed the seed for sale which does not test in compliance with the provisions of this article;
   4. Inspect, sample, analyze, and test seed pursuant to this article.
2. In addition to any other powers conferred in this article, the commissioner may:
   1. Inspect, sample, analyze, and test seed pursuant to paragraph (d) of subsection (1) of this section at such time and place and to such extent as the commissioner deems necessary to determine compliance with this article;
   2. Appoint such qualified employees of the department as necessary to carry out the provisions of this article;
   3. Cooperate with the United States department of agriculture to enforce federal seed law;
   4. 1. Conduct any hearings required by this article pursuant to article 4 of title 24, C.R.S.; or
      2. Repealed.
      3. Subject to appropriations made to the department, employ administrative law judges on a full- or part-time basis to conduct such hearings;
   5. Conduct investigations pursuant to section 35-27-115.
   6. Repealed.

Source: L. 93: Entire article R&RE, p. 1011, § 1, effective July 1. L. 2007: (2)(d)(II) and (2)(f) repealed, p. 643, § 4, effective April 26.

Editor's note: This section is similar to former § 35-27-109 as it existed prior to 1993.

35-27-115. Inspections - access - investigations - subpoena.

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. 1. For inspection purposes pursuant to subsection (1) of this section, the commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to:
      1. Enter any building, yard, warehouse, or storage facilities in which seed or any other related material is kept, used, stored, handled, conditioned, disposed of, or transported; and
      2. Inspect any records required to be kept pursuant to this article.
   2. The commissioner is authorized to make copies of any record inspected pursuant to subparagraph (II) of paragraph (a) of this subsection (2).
3. 1. The commissioner has full authority to administer oaths, take statements, issue subpoenas to compel the appearance of witnesses before the commissioner, issue subpoenas duces tecum for the production of any books, memoranda, papers, or other documents, articles, or instruments, and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.
   2. Upon failure or refusal of any person to obey any subpoena issued pursuant to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.
   3. Failure to obey an order of the court entered pursuant to paragraph (b) of this subsection (3) is contempt of court.
4. Complaints of record made to the commissioner and the results of the commissioner's investigations shall be closed to public inspection, except to the person in interest as defined in section 24-72-202 (4), C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.

Source: L. 93: Entire article R&RE, p. 1013, § 1, effective July 1. L. 2007: (1) amended, p. 643, § 5, effective April 26.

Editor's note: This section is similar to former § 35-27-109 as it existed prior to 1993.

35-27-116. Enforcement.

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 this article, including recovering any money due the department or any penalty assessed pursuant to this article, and defend any suit or action brought against the commissioner or the department under this article.
2. 1. If the commissioner has reasonable cause to believe a violation of this article is occurring and determines that immediate action is necessary, the commissioner may issue a cease-and-desist order. Such cease-and-desist order shall be issued to the alleged violator and shall set forth the alleged violation, the facts which constitute such violation, and an order that all such violative conduct immediately cease.
   2. If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with such order, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further violation of such order.
   3. No stay of a cease-and-desist order shall be issued before a hearing has been held at which both parties have had an opportunity to appear.
   4. Matters brought before a court pursuant to this section shall have preference over other matters on the calendar of the court.
3. 1. If the commissioner determines that a person has engaged in or is about to engage in any act or practice violating any provision of this article, any rule or regulation, or any order issued under this article, the commissioner may apply to a court of competent jurisdiction to temporarily or permanently restrain such person or enjoin the violative practice.
   2. In any action taken pursuant to paragraph (a) of this subsection (3), the court shall not require the commissioner to:
      1. Plead or prove irreparable injury or inadequacy of a remedy at law; or
      2. Post a bond.
4. 1. Any lot of seed which is sold, offered or exposed for sale, bartered, or distributed in violation of this article shall be subject to embargo on complaint of the commissioner to a court of competent jurisdiction for the area in which such lot of seed is located.
   2. If the court finds, pursuant to paragraph (a) of this subsection (4), seed to be in violation of this article and orders the embargo and condemnation of such seed, such seed shall be, pursuant to court order, conditioned, denatured, destroyed, relabeled, or otherwise disposed of in a manner consistent with the quality of such seed.

Source: L. 93: Entire article R&RE, p. 1014, § 1, effective July 1.

Editor's note: This section is similar to former §§ 35-27-110, 35-27-111, and 35-27-116 as they existed prior to 1993.

35-27-117. Disciplinary actions - denial of registration.

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:
   1. Refuses or fails to comply with any provision of this article, any rule or regulation adopted under this article, or any lawful order of the commissioner;
   2. Is convicted of a felony for an offense related to the conduct regulated by this article;
   3. Has a registration or license of equivalent status denied, revoked, or suspended by any registering or licensing authority of any state or foreign country;
   4. Refuses to provide the commissioner with reasonable, complete, and accurate information regarding such person's business, if requested to do so by the commissioner; or
   5. Falsifies any information requested by the commissioner.
2. In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a registrant in another jurisdiction, either foreign or domestic, if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
3. 1. All disciplinary actions taken by the commissioner pursuant to this article shall be deemed final for purposes of judicial review.
   2. Any person aggrieved by any disciplinary action taken by the commissioner shall appeal to the Colorado court of appeals.
4. No registrant whose registration has been revoked may apply or reapply for registration under this article within two years after the date of such revocation.

Source: L. 93: Entire article R&RE, p. 1015, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-109 as it existed prior to 1993.

35-27-118. Civil penalties.

1. 1. 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.
   2. 1. Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such violation, the presence or absence of a pattern of similar violations by the registrant, the effect of the proposed penalty on the ability of the registrant to continue to conduct business, and any other factors deemed relevant.
      2. The commissioner may request advice from the arbitration council in assessing a fine pursuant to this section.
   3. The maximum penalty imposed by the commissioner shall not exceed two thousand five hundred dollars per violation.
2. No civil penalty shall be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
3. If the commissioner is unable to collect a civil penalty or if any person fails to pay all or a set portion of such civil penalty, the commissioner is authorized to retain the attorney general pursuant to section 35-27-116 to bring suit to recover such penalty. In any action brought pursuant to this section the commissioner shall be entitled to recover costs and reasonable attorney fees.

Source: L. 93: Entire article R&RE, p. 1015, § 1, effective July 1.

Editor's note: This section is similar to former §§ 35-27-114 and 35-27-115 as they existed prior to 1993.

35-27-119. Embargo.

1. 1. This section shall apply if the commissioner finds or has reasonable cause to believe that any seed is:
      1. 1. Adulterated or misbranded; or
         2. Not labeled pursuant to this article; and
      2. 1. In violation of any provision of this article or any rule or regulation adopted pursuant to this article;
         2. From an unregistered seed labeler;
         3. For sale or has been sold by an unregistered retail seed dealer; or
         4. Has been distributed by an unregistered custom seed conditioner.
   2. The commissioner shall conduct an investigation to determine if a violation of paragraph (a) of this subsection (1) has occurred.
2. If paragraph (a) of subsection (1) of this section applies, the commissioner shall affix to the seed in question labeling to give notice that:
   1. The seed violates this article; and
   2. The seed is embargoed; and
   3. No person may remove or dispose of such seed by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.
3. If the commissioner determines that embargoed seed is not adulterated or mislabeled, the commissioner shall remove the labeling attached pursuant to subsection (2) of this section.
4. The owner of seed embargoed under this section may correct any violation found by the commissioner within thirty days after the embargo of such seed. If the violation is not corrected within thirty days, the commissioner may petition a court of competent jurisdiction to condemn such seed.
5. 1. If a court finds that embargoed seed is in violation of this article, such seed shall, after entry of such court's decree, be destroyed at the expense of the owner, claimant, or custodian thereof, under the supervision of the commissioner, and all court costs, attorney fees, storage fees, and other reasonable and proper expenses shall be assessed against the owner, claimant, or custodian of such seed.
   2. If adulteration or mislabeling of embargoed seed may be corrected by proper conditioning or labeling, the court, after entry of such court's decree and if costs, attorney fees, storage fees, and expenses are paid and a good and sufficient bond is secured by the owner, claimant, or custodian of such seed, may order that such seed be delivered to the owner, claimant, or custodian for corrective labeling or conditioning. Any such corrective labeling or conditioning shall be conducted under the supervision of the commissioner. The expense of such supervision shall be paid by such owner, claimant, or custodian. The seed shall be returned to its owner, claimant, or custodian when the seed no longer violates this article and the expenses of such supervision have been paid. The commissioner shall inform the court of compliance by the owner, claimant, or custodian of the seed.

Source: L. 93: Entire article R&RE, p. 1016, § 1, effective July 1.

35-27-120. Reports - bulletins.

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, analyzed, or tested. The commissioner may also publish bulletins or press reports which set forth information on seed. Any such report or publications intended for circulation outside the executive branch shall be published and circulated in accordance with the provisions of section 24-1-136, C.R.S.

Source: L. 93: Entire article R&RE, p. 1017, § 1, effective July 1.

Editor's note: This section is similar to former § 35-27-113 as it existed prior to 1993.

35-27-121. Advisory committee - repeal. (Repealed)

Source: L. 93: Entire article R&RE, p. 1018, § 1, effective July 1. L. 99: Entire section repealed, p. 190, § 7, effective March 31.

35-27-122. Arbitration council - procedures.

1. 1. The commissioner shall appoint an arbitration council for each case composed of three members. The following shall each recommend one member:
      1. (Deleted by amendment, L. 2007, p. 643 , § 6, effective April 26, 2007.)
      2. The dean of the college of agriculture, Colorado state university;
      3. The president of the Colorado seedsmen's association; and
      4. The president of any organization of farmers in the state as the commissioner determines to be appropriate.
      5. (Deleted by amendment, L. 2007, p. 643 , § 6, effective April 26, 2007.)
   2. (Deleted by amendment, L. 2007, p. 643, § 6, effective April 26, 2007.)
   3. The council shall elect a chair from its membership. The chair shall conduct the deliberations of the council and shall direct all of its other activities. The commissioner shall serve as staff to the council and shall keep accurate records of all such deliberations and shall perform such other duties for the council as the chair directs.
   4. The council shall conduct the arbitration for the case.
2. 1. A buyer of seed shall request arbitration by filing a verified complaint with the commissioner together with a filing fee of ten dollars; except that the commissioner by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3) , C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4) , C.R.S. The commissioner shall serve a copy of the complaint upon the seller of such seed by certified mail or personal service.
   2. Within five working days after receipt of a copy of the complaint, the seller shall file a verified answer to the complaint with the commissioner, who shall serve a copy of the answer upon the buyer by certified mail.
   3. The commissioner shall investigate the allegations in the complaint. In conducting such investigation, the commissioner may employ the services of any expert that he or she deems appropriate. Upon completion of the investigation, the commissioner shall refer the complaint to the council along with a report of the results of the investigation.
   4. Upon referral of a complaint for investigation, the council shall conduct an arbitration hearing in accordance with the uniform arbitration act, part 2 of article 22 of title 13, C.R.S., and shall report its findings and recommendations to the commissioner in an arbitration report. Such arbitration report shall be filed with the commissioner within sixty days after the conclusion of the arbitration hearing or a later date if the parties agree.
   5. The arbitration report of the council shall include findings of fact, conclusions of law, and recommendations as to costs, if any, including but not limited to costs of any investigation conducted by the commissioner.
   6. In the course of his or her investigation, the commissioner may:
      1. Examine the buyer, the seller, and any other person who may have relevant information;
      2. Grow a representative sample of the seed through the facilities of Colorado state university to production; and
      3. Conduct any other investigative activities that he or she deems necessary to obtain information relevant to the allegations in the complaint pursuant to his or her authority in section 35-27-115 .
   7. (Deleted by amendment, L. 2007, p. 643 , § 6, effective April 26, 2007.)
   8. The members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for actual and necessary expenses.
   9. After the council has filed its arbitration report with the commissioner, the commissioner shall promptly transmit such arbitration report by certified mail to all parties.

Source: L. 93: Entire article R&RE, p. 1018, § 1, effective July 1. L. 98: (2)(a) amended, p. 1342, § 66, effective June 1. L. 2007: IP(1)(a), (1)(a)(I), (1)(a)(V), (1)(b), (1)(c), (1)(d), and (2) amended, p. 643, § 6, effective April 26.

35-27-123. Requirement and effect of arbitration.

1. 1. 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. Such submittal shall be a prerequisite to such buyer's right to maintain any legal action against the seller of such seed. Any statute of limitations shall be tolled until ten days after the filing of the arbitration report.
   2. No claim may be asserted as a counterclaim or defense in any action brought pursuant to paragraph (a) of this subsection (1) by a seller against a buyer, if the buyer has not submitted such claim to arbitration. After the buyer files a written notice of intention to assert a claim as a counterclaim or defense in such action, accompanied by a copy of the buyer's complaint filed under section 35-27-122 (2)(a), the statute of limitations shall be tolled for such claim until ten days after the filing of the arbitration report pursuant to section 35-27-122 (2)(d).
2. 1. Every label required pursuant to section 35-27-105 shall include clear language that arbitration is required for claims arising out of the sale of seed; except that arbitration shall not be required if the notice required pursuant to this paragraph (a) is not included.
   2. A notice in the following form or equivalent language shall be sufficient to comply with paragraph (a) of this subsection (2):

      UNDER THE "COLORADO SEED ACT", ARTICLE 27 OF TITLE 35, COLORADO REVISED STATUTES, ARBITRATION IS REQUIRED AS A PREREQUISITE TO CERTAIN LEGAL ACTIONS, COUNTERCLAIMS, OR DEFENSES AGAINST A SELLER OF SEED. INFORMATION ABOUT THIS REQUIREMENT MAY BE OBTAINED FROM THE COLORADO COMMISSIONER OF AGRICULTURE.

3. 1. An arbitration report filed pursuant to section 35-27-122 (2)(d) shall be binding upon all parties to the extent agreed upon in any contract governing the sale which was the subject of the arbitration.
   2. In the absence of an agreement to be bound by arbitration, a buyer may bring legal action against a seller or assert such claim as a counterclaim or defense in any action brought by the seller at any time after the arbitration report has been filed.
   3. During litigation involving a complaint which has been arbitrated pursuant to this section, any party who was subject to such arbitration may introduce the arbitration report as evidence of the facts found in the report if the party against whom the report is offered was also subject to the arbitration. The court may give such weight to the council's findings and conclusions of law and recommendations as to damages and costs as the court sees fit based upon all the evidence before the court. The court may also take into account any finding of the arbitration council of any failure of any party to cooperate in such arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim or answer upon the ability of the arbitration council to determine the facts of the case.

NOTICE OF REQUIRED ARBITRATION

Source: L. 93: Entire article R&RE, p. 1020, § 1, effective July 1.

35-27-124. Fees credited to plant health, pest control, and environmental protection cash fund.

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 article 27 supplement any general fund appropriation appropriated for the purposes of this article 27.

Source: L. 93: Entire article R&RE, p. 1021, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 319, § 13, effective July 1. L. 2020: Entire section amended, (HB 20-1184), ch. 145, p. 630, § 4, effective June 29.

35-27-125. Repeal of article - termination of functions.

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 amended, p. 190, § 8, effective March 31. L. 2009: Entire section amended, (SB 09-116), ch. 62, p. 220, § 1, effective July 1. L. 2020: Entire section amended, (HB 20-1184), ch. 145, p. 628, § 2, effective June 29.

Editor's note: This section was originally numbered as 35-27-127 in Senate Bill 93-017 but has been renumbered on revision for ease of location.

35-27.3-101. Short title.

This article shall be known and may be cited as the "Colorado Seed Potato Act".

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, § 5, effective July 1.

35-27.3-102. Legislative declaration.

The general assembly hereby finds and declares that the purpose of this article is to control and minimize the spread of contagious community diseases by reducing the overall inoculum pool present in potato crops. This article is further intended to comply with seed potato standards set forth in the state national harmonization program.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, § 5, effective July 1.

35-27.3-103. Definitions.

As used in this article, unless the context otherwise requires:

1. "Advisory committee" means the seed potato advisory committee created in section 35-27.3-107.
2. "Certified" means certified by a certifying authority as meeting all applicable laws and rules for certification of seed potatoes.
3. "Certifying authority" means the potato certification service of Colorado state university or the authorized seed potato certifying agency of another state, territory, or country.
4. "Commissioner" means the commissioner of agriculture.
5. "Community disease" means a disease or pest that can move from field to field during the potato growing season and is not confined to any single potato grower's operation. The term includes late blight and potato virus Y.
6. "Cultivar" means unique variety.
7. "Department" means the department of agriculture.
8. "Distribute" means to offer for sale, sell, barter, deliver, supply, furnish, or otherwise provide seed potatoes.
9. "Generation" means one full seasonal growth cycle, including planting, growing, harvesting, and storing.
10. "Hundredweight" means a unit of weight equal to one hundred pounds.
11. "Official control", with respect to a crop of potatoes, means that the seed potatoes used to produce the crop have been derived from certified seed, qualified seed, or tested, documented sources and found to be within the legal limits for all diseases and pests of concern.
12. "Parent" means one prior generation removed.
13. "Person" means any individual, partnership, association, corporation, agency, or organized group of persons.
14. "Progeny" means the offspring or daughter tubers of a potato plant.
15. "Qualified", with respect to seed potatoes, means that the seed potatoes are derived from certified seed potatoes, have been inspected by a certifying authority and meet all applicable laws and rules for seed potato certification including official disease control standards, and are thus eligible for planting as seed.
16. "Quarantine" means a quarantine imposed by the commissioner pursuant to section 35-4-110.
17. "Seed potatoes" means vegetatively propagated tubers used or intended to be used for potato production.
18. "State national harmonization program" means the state national harmonization program for seed potatoes developed by the plant protection and quarantine program of the animal and plant health inspection service in the United States department of agriculture.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, § 5, effective July 1.

35-27.3-104. Distribution of seed potatoes - rules.

1. All seed potatoes distributed by any person in lots that are sufficient to plant one or more acres in Colorado as determined by the commissioner by rule shall be certified by a certifying authority.
2. All lots of seed potatoes subject to subsection (1) of this section shall, at the time of distribution, be accompanied by the following documents:
   1. An official tag or bulk certificate indicating their status as certified seed potatoes;
   2. A certificate of shipping point inspection;
   3. A North American plant health certificate issued by the certifying authority for seed potatoes imported from outside Colorado; and
   4. Any other documentation necessary to provide the information required by subsection (3) of this section.
3. The documents described in subsection (2) of this section shall provide the following:
   1. A description of the grade of the seed potatoes;
   2. The findings of field inspections and postharvest inspections conducted on each lot of seed potatoes, including the name and amount of any diseases observed;
   3. The generation of seed potatoes; and
   4. Evidence that the seed potatoes were tagged, and, if imported from outside Colorado, packed and sealed, under the certification standards of the state, territory, or country in which they were grown.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1794, § 5, effective July 1.

35-27.3-105. Minimum standards for planting seed potatoes - scope - qualified seed potatoes - rules.

1. 1. Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified.
   2. Seed potatoes imported to Colorado shall meet the minimum standards for certified seed set forth in the state national harmonization program and in any active applicable quarantine.
2. 1. A potato grower in Colorado shall be allowed to plant uncertified potatoes if:
      1. The potatoes were grown and stored as part of that grower's farming operations; and
      2. The uncertified potatoes are no more than one generation from certified parent potatoes or qualified parent potatoes.
   2. A potato grower who plants uncertified potatoes pursuant to paragraph (a) of this subsection (2) may plant progeny from that seed in additional years if, in each additional year, the grower submits the seed stock to the certifying authority of Colorado for testing and the certifying authority of Colorado approves the seed stock for planting. The certifying authority of Colorado shall approve the seed stock if it meets the standards for such stock as established by the commissioner by rule.
3. In any year that the commissioner, after consulting with the advisory committee, determines that there is an insufficient volume of any cultivar of certified seed potatoes and seed potatoes meeting the requirements of subsection (2) of this section, potato growers may apply to the advisory committee for permission to plant uncertified seed potatoes. Upon recommendation from the advisory committee, the commissioner may grant applying growers permission to plant uncertified Colorado-grown seed potatoes. Any such permission shall be valid for only that growing season. In no event shall any seed potatoes be planted when bacterial ring rot, late blight, or an unacceptable level of community diseases is present in the seed potatoes.
4. Repealed.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1795, § 5, effective July 1. L. 2019: (4) repealed, (SB 19-147), ch. 100, p. 363, § 2, effective August 2.

35-27.3-106. Record-keeping requirements - annual record reviews.

1. Each person growing potatoes in this state in lots of one acre or greater shall keep and maintain records, by cultivar and by field, of the hundredweight of potato cultivar or cultivars planted per field. The records shall contain the information required for an independent records review conducted pursuant to paragraph (b) of subsection (2) of this section. Growers shall maintain the records for a period of at least two years at the grower's business address.
2. 1. The commissioner shall select a qualified department employee to perform a records review on at least ten percent of potato growers subject to this article 27.3 once every seed potato crop cycle. The commissioner shall determine a method for the annual random selection of growers. The area committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title 35, shall pay the actual costs of such records reviews.
   2. A records review performed pursuant to this section shall verify records that trace back the grower's potatoes, including records that evidence the following:
      1. Acreage planted by cultivar; and
      2. Hundredweight and source of the seed used to plant the acreage, with verifiable documents related to:
         1. For seed potatoes purchased, the documents described in section 35-27.3-104 (2) and (3); or
         2. For seed potatoes planted pursuant to section 35-27.3-105 (2), the testing history and seed potatoes used to replant the grower's own operations.
3. Repealed.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1796, § 5, effective July 1. L. 2019: (2)(a) amended and (3) repealed, (SB 19-147), ch. 100, p. 364, § 3, effective August 2.

35-27.3-107. Advisory committee - created - members - terms - duties.

1. 1. There is hereby created the seed potato advisory committee.
   2. 1. The advisory committee consists of nine members appointed by the commissioner as follows:
         1. Four potato growers who do not grow seed potatoes and whose operations are located in area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title;
         2. One potato grower who does not grow seed potatoes and whose operation is located in area no. 3, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title;
         3. Two members of the Colorado Certified Potato Growers Association, or its successor organization;
         4. One person employed by Colorado state university; and
         5. One potato grower who does not grow seed potatoes and whose operation is located in area no. 1, area no. 2, or area no. 3, but with a preference for area no. 1, as each of these areas are established in the marketing order regulating the handling of potatoes grown in Colorado, as amended, issued under the "Colorado Agricultural Marketing Act of 1939", article 28 of this title 35.
      2. Whenever possible, the advisory committee member appointed under subsection (1)(b)(I)(D) of this section must have knowledge of or experience with seed potatoes.
2. 1. Except as provided in subsection (2)(c) of this section, members appointed to the advisory committee shall serve for terms of three years. Members may be appointed for an unlimited number of terms; except that no member shall serve more than two terms consecutively.
   2. Repealed.
   3. In the event of a vacancy on the advisory committee prior to the completion of a member's full term, the commissioner shall appoint a person to complete the remainder of that term. The person so appointed shall represent the same group as the member he or she is replacing, as set forth in paragraph (b) of subsection (1) of this section.
3. The members shall receive no compensation or reimbursement from the state of Colorado or the department for any expenses incurred in the exercise of their duties.
4. The advisory committee shall advise the commissioner in establishing rules under this article 27.3, assist in the determination of availability of potatoes, recommend whether to grant permission to plant uncertified seed potatoes, and consult with the commissioner regarding the administration and enforcement of this article 27.3.
5. Repealed.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1797, § 5, effective July 1. L. 2019: IP(1)(b)(I), (1)(b)(I)(C), (1)(b)(I)(E), (1)(b)(II), and (2)(a) amended and (2)(b) and (5) repealed, (SB 19-148), ch. 101, p. 366, § 2, effective August 2; (4) amended, (SB 19-147), ch. 100, p. 364, § 4, effective August 2.

35-27.3-108. Powers and duties of the commissioner - rules.

1. In addition to any other duties in this article 27.3, the commissioner shall:
   1. Administer and enforce this article;
   2. Adopt rules necessary for the administration and enforcement of this article 27.3, including rules that:
      1. Establish requirements for compliance verification, testing, sampling, and inspection;
      2. Specify quality or disease standards for potatoes;
      3. Allow for the random selection of ten percent of potato growers subject to the annual records review required under section 35-27.3-106 (2);
      4. Set standards for uncertified seed potato stock that may be planted pursuant to section 35-27.3-105 (2)(b);
      5. Establish methods for determining that bacterial ring rot or an unacceptable level of community diseases is not present in seed potatoes planted under section 35-27.3-105 (3);
      6. Designate the type of records that must be kept by growers; and
      7. Set a schedule of fees for services performed by the department, which fees must be billed to the committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title 35.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1798, § 5, effective July 1. L. 2019: IP(1), IP(1)(b), and (1)(b)(VII) amended, (SB 19-147), ch. 100, p. 364, § 5, effective August 2.

35-27.3-109. Inspections - access - investigations - subpoenas.

1. The commissioner, upon the commissioner's own motion or upon the recommendation of an independent auditor pursuant to section 35-27.3-106 (2), may make an investigation necessary to determine compliance with this article.
2. 1. For inspection purposes pursuant to subsection (1) of this section, the commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to inspect any records required to be kept pursuant to this article.
   2. The commissioner may make copies of any records inspected pursuant to paragraph (a) of this subsection (2).
3. 1. The commissioner has full authority to administer oaths; take statements; issue subpoenas to compel the appearance of witnesses before the commissioner; issue subpoenas for the production of any books, memoranda, papers, or other documents, articles, or instruments; and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.
   2. Upon failure or refusal of any person to obey a subpoena issued pursuant to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.
   3. Failure to obey an order of the court entered pursuant to paragraph (b) of this subsection (3) may be punishable as contempt of court.
4. Complaints of record made to the commissioner and the results of the commissioner's investigations shall be closed to public inspection, except to the person in interest as defined in section 24-72-202 (4), C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, § 5, effective July 1.

35-27.3-110. Violations - civil penalties.

1. 1. Except as otherwise provided in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3.
   2. Any person who plants or distributes potatoes in violation of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty imposed by the commissioner shall be at least twenty dollars per acre but shall not exceed one hundred dollars per acre per violation.
   3. Any person who fails to maintain complete and accurate records pursuant to section 35-27.3-106 or rules promulgated pursuant to section 35-27.3-108 (1)(b)(VII) is subject to a civil penalty of at least five hundred dollars but no more than one thousand dollars, as determined by the commissioner.
2. No civil penalty shall be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
3. If the commissioner is unable to collect a civil penalty or if any person fails to pay all or a set portion of such civil penalty, the commissioner may bring suit in any court of competent jurisdiction to recover the penalty plus costs and attorney fees.
4. Moneys collected from any civil penalty imposed under this article shall be paid to the state treasurer, who shall credit the same to the seed potato cash fund created in section 35-27.3-111.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, § 5, effective July 1. L. 2019: (1)(a) amended, (SB 19-147), ch. 100, p. 364, § 6, effective August 2.

35-27.3-111. Seed potato cash fund - created.

All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the seed potato cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall remain in the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. In addition to any appropriation from the general fund, the general assembly shall make annual appropriations from the seed potato cash fund to the department to carry out the purposes of this article.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, § 5, effective July 1.

35-27.3-112. Repeal of article - termination of functions.

This article 27.3 is repealed, effective September 1, 2028. Before the repeal, the certification functions of the commissioner are scheduled for review in accordance with section 24-34-104.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, § 5, effective July 1. L. 2019: Entire section amended, (SB 19-147), ch. 100, p. 365, § 7, effective August 2.

35-27.5-101. Short title.

This article shall be known and may be cited as the "Weed Free Forage Crop Certification Act".

Source: L. 93: Entire article added, p. 2035, § 1, effective June 9.

35-27.5-102. Definitions.

As used in this article, unless the context otherwise requires:

1. "Authorized inspector" means a person qualified to identify noxious weeds according to standards adopted by the commissioner pursuant to section 35-27.5-103.
2. Repealed.
3. "Commissioner" means the commissioner of agriculture.
4. "Crop" means any agricultural forage crop product whether cultivated or not cultivated, irrigated or nonirrigated, planted or naturally occurring.
5. "Department" means the department of agriculture.
6. "Noxious weeds" means those weeds, including any weed seed or propagative plant parts, designated by the commissioner as noxious and which are prohibited pursuant to section 35-27.5-103.
7. "Person" means any association, corporation, firm, individual or combination of individuals, partnership, or society.
8. "Qualified employee" means an employee of the department designated as qualified who is trained to identify noxious weeds in accordance with standards adopted by the commissioner pursuant to section 35-27.5-103.
9. "Weed free" means any crop certified as free of noxious weeds by the commissioner pursuant to this article.
10. "Weed free certification" means crops inspected and certified as free of noxious weeds by the commissioner pursuant to this article.

Source: L. 93: Entire article added, p. 2035, § 1, effective June 9. L. 94: (2) repealed, p. 1645, § 76, effective May 31.

35-27.5-103. Rules and regulations.

1. The commissioner shall adopt reasonable and necessary rules and regulations to carry out the provisions of this article in compliance with section 24-4-103, C.R.S., and subject to the requirements of section 35-27.5-107.
2. Rules and regulations adopted pursuant to subsection (1) of this section shall include but shall not be limited to rules and regulations concerning the following:
   1. Designation of weeds as noxious and prohibited;
   2. Procedures for certification of weed free crops;
   3. Qualification standards for persons seeking designation as authorized inspectors or as qualified employees;
   4. Crop inspection procedures;
   5. Treatment procedures for the eradication of viable noxious weeds from crops; and
   6. Procedures for identifying and tracking certified weed free crops.

Source: L. 93: Entire article added, p. 2036, § 1, effective June 9.

35-27.5-104. Delegation of duties - cooperative agreements.

1. 1. The commissioner may delegate any powers vested in the commissioner pursuant to this article to qualified employees of the department who are designated as qualified employees pursuant to standards adopted in accordance with section 35-27.5-103.
   2. The commissioner may delegate any powers vested in the commissioner pursuant to this article that are related to the duties of authorized inspectors to persons who are designated as authorized inspectors pursuant to standards adopted in accordance with section 35-27.5-103.
2. The commissioner may enter into cooperative agreements with Colorado state university for the purpose of training authorized employees and qualified inspectors in the identification of those plants designated as noxious weeds by the commissioner pursuant to section 35-27.5-103.
3. For purposes of carrying out the provisions of this article and subject to any other law of this state, the commissioner may accept grants-in-aid from any agency of the federal government and may cooperate and enter into agreements with any federal agency, any agency of any other state, and any agency of this state or its political subdivisions.

Source: L. 93: Entire article added, p. 2036, § 1, effective June 9.

35-27.5-105. Administration and enforcement.

1. The commissioner shall administer and enforce the provisions of this article.
2. Upon the motion of the commissioner or upon the motion of any other person, the commissioner may make any investigations necessary to ensure compliance with or determine whether there has been a violation of this article.
3. The commissioner shall have reasonable access during regular business hours to all pertinent documents concerning any person who has requested that a crop be inspected for purposes of certification of such crop or who has had a crop certified as weed free.
4. 1. The commissioner may, after notice and a hearing in compliance with the provisions of article 4 of title 24, C.R.S., resulting in a finding of a violation of this article or any rule or regulation promulgated pursuant to this article, rescind any weed free certification of a crop.
   2. For purposes of paragraph (a) of this subsection (4), any action taken by the commissioner following a hearing shall be deemed final.
   3. A person aggrieved by a final decision made by the commissioner pursuant to this subsection (4) may appeal such decision to the Colorado court of appeals pursuant to section 24-4-106 (11), C.R.S.
   4. The commissioner may employ administrative law judges appointed pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings.

Source: L. 93: Entire article added, p. 2037, § 1, effective June 9.

35-27.5-106. Inspections.

1. Any crop for which weed free certification is sought shall be inspected in the field of origin and such inspection shall include an inspection of any ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as applicable, surrounding such field of origin.
2. Crops which contain any weeds which have been designated as noxious pursuant to section 35-27.5-103, may be certified if certain conditions established pursuant to section 35-27.5-103 are met.

Source: L. 93: Entire article added, p. 2038, § 1, effective June 9.

35-27.5-107. Penalties.

[ Editor's note: This version of this section is effective until March 1, 2022. ] Any person who intentionally violates any provision of this article or the rules or regulations promulgated pursuant to section 35-27.5-103 commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

35-27.5-107. Penalties.

[ Editor's note: This version of this section is effective March 1, 2022. ] Any person who intentionally violates any provision of this article 27.5 or the rules or regulations promulgated pursuant to section 35-27.5-103 commits a petty offense and shall be punished as provided in section 18-1.3-503.

Source: L. 93: Entire article added, p. 2038, § 1, effective June 9. L. 2002: Entire section amended, p. 1548, § 312, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3278, § 626, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

35-27.5-108. Colorado weed free crop certification fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees.

1. The commissioner shall set fees for the certification of weed free crops pursuant to this article in amounts adequate to cover all costs, direct and indirect, of the department in the administration and enforcement of this article.
2. All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit such fees to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado weed free crop certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

Source: L. 93: Entire article added, p. 2038, § 1, effective June 9. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 319, § 14, effective July 1.

ARTICLE 28 MARKETING ACT OF 1939

Section