This article shall be known and may be cited as the “Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act”. Source: L. 71: R&RE, p. 133, § 1. C.R.S. 1963: § 6-13-1. L. 77: Entire section amended, p. 1581, § 1, effective July 1. L. 2008: Entire article amended, p. 1608, § 1, effective August 5.
This article shall be administered by the commissioner of agriculture or the commissioner’s duly authorized representatives. Source: L. 71: R&RE, p. 133, § 1. C.R.S. 1963: § 6-13-2. L. 2008: Entire article amended, p. 1608, § 1, effective August 5.
As used in this article 12, unless the context otherwise requires: “Availability” means the immediate potential property of a plant nutrient to be utilized by a plant and have agronomic value when used according to directions. “Bulk fertilizer”, “bulk soil conditioner”, or “bulk plant amendment” means a commercial fertilizer, soil conditioner, or plant amendment, respectively, […]
Each product shall be registered by the person whose name appears on the label before being distributed in, into, or for use in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner and shall be accompanied by a fee established by the commission. For each fiscal […]
Any packaged commercial fertilizer distributed in this state shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: The name and address of the registrant; The net weight or other measure prescribed by rule; The name of the product and grade; The guaranteed […]
All registrants, except those who package only in containers of ten pounds or less, shall pay the commissioner a distribution fee as established by the commission for all commercial fertilizers, soil conditioners, or plant amendments distributed in this state. For the purpose of funding the department’s state waters protection efforts, an additional fee per ton […]
The commissioner shall sample, inspect, make analyses of, and test commercial fertilizers, soil conditioners, plant amendments, and compost distributed within this state at such time and place and to such an extent as the commissioner deems advisable to determine whether such products are in compliance with the provisions of this article. The commissioner is authorized […]
Source: L. 71: R&RE, p. 139, § 1. C.R.S. 1963: § 6-13-9. L. 77: (2) and (3) amended, p. 1590, § 8, effective July 1. L. 96: (1) amended, p. 103, § 6, effective March 20. L. 2008: Entire article amended, p. 1619, § 1, effective August 5.
Source: L. 71: R&RE, p. 140, § 1. C.R.S. 1963: § 6-13-10. L. 77: Entire section amended, p. 1591, § 9, effective July 1. L. 2008: Entire article amended, p. 1620, § 1, effective August 5.
No person shall distribute a misbranded product. A commercial fertilizer, soil conditioner, plant amendment, or compost is misbranded: If its labeling is false or misleading in any particular; If it is distributed under the name of another product; If it is not labeled as required in section 35-12-105 and in accordance with rules prescribed under […]
No person shall distribute an adulterated product. A commercial fertilizer, soil conditioner, plant amendment, or compost is deemed adulterated: If it contains any deleterious or harmful substance in sufficient amount to render it injurious to human health or beneficial plant, animal, or aquatic life, when applied in accordance with directions for use on the label […]
The commissioner shall publish at least annually, in such form as the commissioner deems proper, information concerning the sales of commercial fertilizers, soil conditioners, and plant amendments, together with such data on their production and use as the commissioner considers advisable, and a report of the results of the analyses based on official samples of […]
The commissioner is authorized, pursuant to section 24-4-103, C.R.S., to adopt and enforce rules to implement, administer, and enforce this article. The rules shall include, but are not limited to, rules relating to sampling, analytical methods, ingredient form, availability, minimums, exempted materials, investigational allowances, definitions, records, labels, labeling, liability bond, misbranding, mislabeling, commercial fertilizers, specialty […]
The commissioner, upon the commissioner’s own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this article. At any time during regular business hours, for the purpose of carrying out any provision of this article or any rule made pursuant to this article, the commissioner shall have […]
The commissioner may revoke or suspend the registration of or may refuse to register any commercial fertilizer, soil conditioner, or plant amendment upon a finding supported by satisfactory evidence that the registrant or person applying for registration has violated any provision of this article or any rule adopted pursuant to this article. No registration shall […]
The commissioner may issue and enforce a written or printed stop distribution, stop use, or removal order directed to the owner or custodian of any lot of commercial fertilizer, soil conditioner, plant amendment, or compost when the commissioner finds the commercial fertilizer, soil conditioner, plant amendment, or compost is being distributed or used in violation […]
Any lot of commercial fertilizer, soil conditioner, plant amendment, or compost that is in violation of this article shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the county in which the product is located. In the event the court finds the product to be in violation […]
Any person who violates any provision of this article or any rule adopted 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. Each day the violation occurs shall constitute a separate violation. No civil penalty may be imposed […]
Source: L. 71: R&RE, p. 142, § 1. C.R.S. 1963: § 6-13-20. L. 77: Entire section amended, p. 1594, § 18, effective July 1. L. 2008: Entire article amended, p. 1625, § 1, effective August 5.
