§ 35-1-101. Short Title
This article shall be known and may be cited as the “State Department of Agriculture Act of 1949”. Source: L. 49: p. 185, § 1. CSA: C. 5, § 13(3). CRS 53: § 6-1-1. C.R.S. 1963: § 6-1-1.
§ 35-1-102. Definitions
As used in this article, unless the context otherwise requires: “Agriculture” means the science and art of production of plants and animals useful to man, including, to a variable extent, the preparation of these products for man’s use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, […]
§ 35-1-103. Department of Agriculture
There is hereby created a department of agriculture, referred to in this article as the “department”. When any law of this state refers to the state department of agriculture, said law shall be construed as referring to the department of agriculture. Source: L. 49: p. 186, § 3. CSA: C. 5, § 13(5). CRS 53: […]
§ 35-1-104. Functions, Powers, and Duties – Rules – Repeal
The department has and shall exercise the following functions, powers, and duties: To inquire into the needs of agriculture of the state and make appropriate recommendations to the governor and the general assembly, except as to functions specifically assigned under state law to other state agencies; To perform all regulatory and inspection services relating to […]
§ 35-1-104.5. Agricultural Workforce Development Program – Legislative Declaration – Creation – Rules – Repeal
The general assembly finds and declares that: Finding qualified and trained agricultural employees is a significant challenge for agricultural businesses. It is especially difficult to provide training and experience to young and beginning farmers and ranchers. The barriers to entry for young and beginning farmers and ranchers are significant. Among these barriers are access to […]
§ 35-1-105. State Agricultural Commission – Creation – Composition
There is hereby created the state agricultural commission, referred to in this article as the “commission”, which shall consist of nine members, each of whom shall be appointed by the governor, with the consent of the senate, for terms of four years each. Of such members, one member shall be appointed from each of the […]
§ 35-1-106. Powers and Duties of Commission
In addition to all other powers and duties conferred upon the commission by this article 1, the commission has the following specific powers and duties: To formulate the general policy with respect to the management of the department of agriculture and the general policy with respect to the enforcement of regulatory and service laws, rules, […]
§ 35-1-106.3. Plant Health, Pest Control, and Environmental Protection Cash Fund – Creation
There is hereby created in the state treasury the plant health, pest control, and environmental protection cash fund. All revenues collected in pursuit of the department’s efforts in relation to plant health, pest control, and environmental protection shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, […]
§ 35-1-106.4. Emergency Invasive-Pest Response Fund
The emergency invasive-pest response fund, referred to in this section as the “fund”, is hereby created in the state treasury. The fund consists of: Money transferred to the fund in accordance with section 35-1-106.3 (4); Money from remuneration authorized in section 35-4-118; Gifts, grants, and donations received under subsection (4) of this section; and Any […]
§ 35-1-106.5. Inspection and Consumer Services Cash Fund – Creation
All fees, fines, and penalties collected under articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35, other than civil penalties collected under section 35-21-107.5, shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer […]
§ 35-1-106.7. Conservation District Grant Fund – Repeal
There is hereby created in the state treasury the conservation district grant fund. The fund consists of money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(III). Money in the fund is specifically and continuously appropriated to the department. The department shall grant money in the fund to conservation districts for the purpose of implementing […]
§ 35-1-106.8. Biological Pest Control Cash Fund – Transfer of Moneys to Plant Health, Pest Control, and Environmental Protection Cash Fund
All revenues collected in pursuit of the department’s efforts to conduct its program of biological pest control 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 […]
§ 35-1-106.9. Agriculture Management Fund – Creation
There is hereby created in the state treasury the agriculture management fund. The fund shall consist of money transferred pursuant to section 38-13-801.5 (3), any money realized from the sale of the inspection and consumer services division facility and other real property associated with that facility that are all located in the Highlands neighborhood of […]
§ 35-1-107. Commissioner of Agriculture – Report – Publications – Deputy Commissioner – Rules
The commissioner of agriculture shall be the chief administrative officer of the department of agriculture and shall have direct control and management of its functions, subject only to the powers and duties of the commission as prescribed in this article. The commissioner shall be appointed by the governor, with the consent of the senate, and […]
§ 35-1-107.5. Relief Program for Agricultural Events Organizations – Created – Definitions – Report – Repeal
Definitions. As used in this section, unless the context otherwise requires: “Agricultural events organization” means a nonprofit or for-profit organization that conducts one or more agricultural events in the state. “COVID-19” means the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2. “Program” means the agricultural events relief program […]
§ 35-1-107.7. Support for National Western Stock Show – Administration by Commissioner – Report – Repeal
For the 2020-21 state fiscal year, the general assembly shall appropriate three million five hundred thousand dollars from the general fund to the department for allocation to the commissioner for use in supporting or aiding the national western stock show event. At the end of the 2020-21 state fiscal year, any money not expended or […]
§ 35-1-108. Divisions Created
There is hereby created in the department an administrative services division, a division of plant industry, a division of animal industry, a division of markets, and a division of inspection and consumer services. Source: L. 49: p. 192, § 8. CSA: C. 5, § 13(10). CRS 53: § 6-1-8. C.R.S. 1963: § 6-1-8. L. 67: […]
§ 35-1-109. Employees Interchangeable
It is the duty of the commissioner of agriculture in the administration of his department to so organize the same that all employees of the department, so far as possible, shall be interchangeable in work assignment to the end that they may be shifted within the department so as to meet seasonal and emergency demands […]
§ 35-1-110. Legal Adviser – Legal Actions
The attorney general shall be the legal adviser for the department of agriculture and shall defend it in all actions and proceedings brought against it. The district attorney of the judicial district in which a cause of action may arise shall bring any action, civil or criminal, requested by the commissioner to abate a condition […]
§ 35-1-111. Records of Receipts and Expenditures – Appropriations
The department shall maintain records, in the manner prescribed by the controller, on all receipts and expenditures made with respect to each service for which moneys are credited to the general fund under the provisions of articles 1 to 13, 26, and 27 of this title and article 24 of title 30, C.R.S. The general […]