§ 35-4-101. Short Title

This article shall be known and may be cited as the “Pest Control Act”. Source: L. 37: p. 643, § 2. CSA: C. 80, § 44. CRS 53: § 6-10-1. C.R.S. 1963: § 6-10-1.

§ 35-4-101.5. Legislative Declaration

The general assembly hereby finds and declares that there is a need to prevent the introduction into Colorado and the dissemination within this state of plant pests through the movement of plant products and other plant material. This act provides for the regulation of the movement of plant products, materials, and pests in Colorado and […]

§ 35-4-102. Definitions

As used in this article 4, unless the context otherwise requires: “Board of county commissioners” means the public officials duly elected to that public office or their designated agents. “Commission” means the state agricultural commission created in section 35-1-105. “Commissioner” means the commissioner of agriculture or the commissioner’s designated agents. “County pest inspector” means any […]

§ 35-4-103. Administration

The commissioner shall administer this article. A board of county commissioners shall concurrently administer this article and shall have full authority for the proper enforcement thereof by county pest inspectors employed by said board of county commissioners. Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any […]

§ 35-4-104. County Pest Inspectors

The persons who may be employed under this article, aside from employees of the department of agriculture, shall be county pest inspectors and their deputies, who shall be appointed by the board of county commissioners of the county where they are to serve and receive their pay. The board of county commissioners of any county […]

§ 35-4-105. Compensation

A county pest inspector shall receive such compensation as may be fixed by the board of county commissioners hiring such county pest inspector. The board of county commissioners shall provide for reimbursement of the county pest inspector for actual expenses incurred in carrying out the provisions of this article. Source: L. 37: p. 644, § […]

§ 35-4-106. County Pest Inspectors – Examination of Applicants

It is the duty of a board of county commissioners to examine all applicants for the positions of county pest inspectors, and, if an applicant is found competent and fully qualified to perform the duties of the office, the board shall issue a license as county pest inspector. A person shall not act as county […]

§ 35-4-107. Inspections – Notice – Treatment – Collection of Costs

The county pest inspector shall have the right to enter upon any public or private property during reasonable business hours to inspect for pest infestations or infection and ensure compliance with the requirements of this article and any local requirements when at least one of the following has occurred: The landowner or occupant has requested […]

§ 35-4-108. Unlawful to Transport Pests

It is unlawful for any person, by any means whatsoever, to knowingly transport, into or in Colorado, live pests or host material which may be injurious to agriculture or horticulture in this state, without permission from the commissioner. The commissioner may issue and enforce a hold order against any person who owns or controls any […]

§ 35-4-109. Emergency Disposal of Plant Material

Any shipment of any plant material into Colorado when found to be in violation of a quarantine declared pursuant to section 35-4-110 or when found to carry exotic pests not previously found in the United States or pests known to cause high levels of economic damage under similar conditions of climate and natural habitat in […]

§ 35-4-110. Quarantine and Control of Pests – Rules

Whenever the commissioner finds any portion of the state to be affected with exotic pests not previously found in the United States, pests known to cause high levels of economic damage under similar conditions of climate and natural habitat in other areas outside this state, or pests which are known to have caused high levels […]

§ 35-4-110.5. Declaration of Quarantine Emergency

The commissioner shall notify the governor of the necessity for declaring a quarantine emergency if all of the following conditions are met: The commissioner has declared a quarantine pursuant to section 35-4-110 (1) or (2) or both. The commissioner has determined that the pest which is the subject of the quarantine is being or may […]

§ 35-4-111. Inspections – Certificates – Remedial Measures

Should any owner or bailee request an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection and shall charge the owner or bailee adequate fees to cover the cost of such inspections and certificates. The […]

§ 35-4-112. Right of Entry

Except as provided in section 35-4-107, the commissioner and any authorized agent thereof and county pest inspectors employed under this article, together with such help as they may need in the prosecution of their work, are authorized upon consent or upon obtaining an administrative search warrant, during reasonable business hours, to enter upon or into […]

§ 35-4-113. Authority of Commissioner to Enter Into Agreements

The commissioner may enter into agreements with other agencies of this state or of other states or any agency of the federal government and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article. The commissioner may enter into agreements with any agency of the […]

§ 35-4-113.5. Delegation of Duties

The commissioner, in his discretion, may delegate his authority to an employee to execute the provisions of this article. Source: L. 85: Entire section added, p. 1135, § 12, effective May 16.

§ 35-4-114. Penalties

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Except for sections 35-4-107 and 35-4-110.5, any person who violates any of the provisions of this article commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor […]

§ 35-4-114.5. Civil Penalties

Any person who violates any provision of this article or any rule or quarantine declared 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. No civil penalty may be imposed unless the person charged is given notice and […]

§ 35-4-116. Rules and Regulations

The commissioner may promulgate such rules and regulations as he deems necessary for the administration and enforcement of this article. Such rules and regulations shall be promulgated in accordance with article 4 of title 24, C.R.S. Source: L. 85: Entire section added, p. 1135, § 14, effective May 16.

§ 35-4-117. County Pest Inspectors – Weed and Rodent Control

Subject to the direction of the board of county commissioners, a county pest inspector may exercise the powers and duties granted to, and perform the duties of, a county in accordance with articles 5.5 and 7 of this title. Source: L. 2013: Entire section added, (HB 13-1250), ch. 240, p. 1167, § 3, effective August […]