§ 35-11.5-101. Short Title
This article shall be known and may be cited as the “Organic Certification Act”. Source: L. 89: Entire article added, p. 1376, § 1, effective June 6.
§ 35-11.5-102. Legislative Declaration
The general assembly declares that the purpose of this article is to provide a means for the general public to recognize and purchase organically grown agricultural products and to assist Colorado producers in the marketing of such products. The general assembly further declares that uniformity in labeling will protect both consumers and producers by providing […]
§ 35-11.5-103. Definitions
As used in this article, unless the context otherwise requires: “Agricultural products” means any agricultural, horticultural, floricultural, viticultural, or vegetable product grown or produced. Nothing in paragraph (a) of this subsection (1), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing […]
§ 35-11.5-104. Rules
To carry out the provisions of this article, the commissioner shall adopt appropriate rules pursuant to section 24-4-103, C.R.S., concerning the following: Fees to fund all direct and indirect costs of the administration and implementation of this article; Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. The provisions of 7 U.S.C. sec. 6501 et seq. […]
§ 35-11.5-105. Delegation of Duties – Inspections – Cooperative Agreements – Confidentiality
Except as otherwise provided in paragraph (b) of this subsection (1), the powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department. Inspections conducted under the state organic certification program may be performed by the commissioner or the commissioner’s authorized agents. The department may receive grants-in-aid […]
§ 35-11.5-113. Organic Certification Fund – Transfer of Moneys to Plant Health, Pest Control, and Environmental Protection Cash Fund – Fees
All fees and penalties 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 organic certification fund, as that […]
§ 35-11.5-114. Advisory Board
Effective July 1, 2010, for the purpose of assisting the commissioner in formulating rules for carrying out the provisions of this article, there is hereby created an organic certification advisory board, to be composed of twelve members appointed by the commissioner, as follows: Nine shall represent certified organic operations; one shall be a consumer representing […]
§ 35-11.5-115. Liability
The state assumes no liability for persons who misrepresent any agricultural product under the authority of this article. Source: L. 89: Entire article added, p. 1381, § 1, effective June 6.
§ 35-11.5-116. Accreditation
The commissioner shall seek accreditation from the secretary and shall create and submit a plan for the establishment of a state organic certification program to the secretary for approval pursuant to 7 U.S.C. sec. 6507. Source: L. 2002: Entire section added, p. 1117, § 15, effective June 3. Cross references: For the legislative intent contained […]
§ 35-11.5-117. Conflict With Federal Law
If the secretary or a court of competent jurisdiction determines that there is a conflict between this article and any provisions of the federal “Organic Foods Production Act of 1990”, 7 U.S.C. sec. 6501 et seq. or 7 CFR part 205, the provisions of the federal act and rules shall control, and the commissioner shall […]