§ 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 […]
§ 35-27-103. Definitions
As used in this article, unless the context otherwise requires: “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. “Bean” means all species of genus phaseolus, vigna, and cicer. “Certified seed” means seed certified […]
§ 35-27-104. Scope of Article
This article does not apply to: Seed not intended for propagation; except that screenings are subject to the requirements of section 35-27-113 (1)(e); Seed in storage in or consigned to a seed conditioning establishment for conditioning or for sale outside the state; except that: Disclosure of information concerning the holding, sale, and transportation of such […]
§ 35-27-105. Label Requirements
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 […]
§ 35-27-106. Tolerances
Tolerances shall be recognized between: The percentages or rates of occurrence found by analysis, test, or examination; and The percentages or rates of occurrence prescribed by the commissioner. In prescribing tolerances the commissioner shall use as guides: The tolerances defined in the “Federal Seed Act”, 7 U.S.C. secs. 1551 to 1610, as amended; and Rules […]
§ 35-27-107. Sales From Bulk Lots
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. No label required pursuant to subsection […]
§ 35-27-108. Seed Shipped Into State
No seed shall be brought into the state unless such seed: Has been tested and has passed all such required tests as required by the commissioner pursuant to rule and regulation; and Is in a container which meets the labeling requirements of section 35-27-105; and Meets all other requirements of this article. Tests required pursuant […]
§ 35-27-109. Seed Beans – Approval
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. The commissioner may designate those areas of the state in which the provisions of this section shall apply. The commissioner shall establish reasonable fees for […]
§ 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 […]
§ 35-27-111. Registration of Custom Seed Conditioners, Farmer Seed Labelers, Retail Seed Dealers, and Seed Labelers – Form – Fees – Renewal – Rules
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. A person may register as a custom seed conditioner, farmer seed labeler, retail seed dealer, […]
§ 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 […]
§ 35-27-113. Prohibitions
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: 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 […]
§ 35-27-114. Powers and Duties of Commissioner
In addition to any other duties in this article, the commissioner shall: Administer and enforce the provisions of this article; Adopt rules and regulations necessary for the administration and enforcement of this article including but not limited to rules and regulations which: Set forth the methods to inspect, sample, analyze, and test seed, including defining […]
§ 35-27-115. Inspections – Access – Investigations – Subpoena
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. For inspection purposes pursuant to subsection (1) of this section, the commissioner shall have free and unimpeded access during regular business hours, either […]
§ 35-27-116. Enforcement
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 […]
§ 35-27-117. Disciplinary Actions – Denial of Registration
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: Refuses or fails to comply with any provision of this article, any rule or regulation adopted under this article, or […]
§ 35-27-118. Civil Penalties
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. 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 […]
§ 35-27-119. Embargo
This section shall apply if the commissioner finds or has reasonable cause to believe that any seed is: Adulterated or misbranded; or Not labeled pursuant to this article; and In violation of any provision of this article or any rule or regulation adopted pursuant to this article; From an unregistered seed labeler; For sale or […]
§ 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 […]