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Home » US Law » 2022 Colorado Code » Title 35 - Agriculture » Article 23 - Fruits, Vegetables, and Other Agricultural Products

§ 35-23-101. Legislative Declaration

The purpose of this article is to provide the means whereby producers, shippers, carriers, buyers, and sellers of fruits, vegetables, and such other agricultural products as may be mutually agreed upon, on application, may secure prompt and efficient inspection and classification of such products. The standardization of the produce industry by means of the proper […]

§ 35-23-102. Responsible Officer

The inspection in this state of fruits, vegetables, and other agricultural products, and the classification of grades thereof, shall be under the direction and control of the commissioner of agriculture. Source: L. 31: p. 369, § 2. CSA: C. 69, § 61. CRS 53: § 7-6-2. C.R.S. 1963: § 7-5-2. L. 71: p. 155, § […]

§ 35-23-103. Federal Cooperation

The commissioner is empowered to enter into such agreements with the United States department of agriculture as he may determine to be necessary or advisable for the establishment of a joint state and federal inspection service in Colorado for fruits, vegetables, and other agricultural products. Source: L. 31: p. 369, § 3. CSA: C. 69, […]

§ 35-23-104. Employees of Inspection Service

Pursuant to section 13 of article XII of the state constitution, the commissioner shall employ and discharge such supervisors, deputies, inspectors, and employees as the needs of the inspection service require. Inspectors shall be experienced in the inspection of fruits, vegetables, and other agricultural products, and in commercial packing practices, and shall hold, at the […]

§ 35-23-105. Authority to Enter Business Places

In carrying out the provisions of this article, the commissioner and his deputies, inspectors, and employees are authorized to enter on any business day, during the usual hours of business, any storehouse, warehouse, cold storage plant, packing house, or other building or place where fruits, vegetables, or other agricultural products are kept or stored by […]

§ 35-23-106. Establishment of Regulations and Grades

The commissioner is empowered to establish and enforce such grades, grading rules, and regulations in addition to those established by this article, in no event less than the minimum requirements prescribed by this article, as he may deem necessary on fruits, vegetables, and other agricultural products, which shall not conflict with any provisions of this […]

§ 35-23-107. Appeal to Change Regulations and Grades

On receipt of a written appeal by representative growers or shippers representing at least fifty-one percent of the acreage of the commodity for which grades, grading rules, regulations, or standard packages have been established by the commissioner under the provisions of this section and section 35-23-106, protesting against the grades, grading rules, regulations, or standard […]

§ 35-23-108. Power of Regulation

The commissioner, with the concurrence of the state agricultural commission, is authorized to promulgate such rules and regulations relative to the proper marking of containers, the issue of certificates of inspection, the tagging of the vehicle of transportation, and such other rules and regulations as he deems necessary for the improvement of the quality of […]

§ 35-23-109. Engaging in Trade Prohibited

The commissioner and his deputies, inspectors, and employees are each prohibited, during their respective terms of employment or office, from engaging in this state or elsewhere, either directly or indirectly, in the business of buying or selling fruits, vegetables, or other agricultural products or in dealing in the same on commission. Source: L. 31: p. […]

§ 35-23-110. Malfeasance of Inspectors – Penalty

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any inspector employed under this article who knowingly makes a wrong or improper inspection of any fruit, vegetable, or other agricultural product, or knowingly and improperly certifies that the grade, quality, or condition of a fruit, vegetable, or other agricultural […]

§ 35-23-111. Inspection Made Mandatory

It is unlawful for any person, firm, corporation, or other organization to ship potatoes in excess of one thousand pounds, except those destined for commercial processing, unless they have first been inspected by a duly authorized inspector who shall issue a certificate of inspection showing the grade or other classification thereof. Source: L. 31: p. […]

§ 35-23-112. Appeal of Inspection

Any interested party, who is dissatisfied with any classification of grades of any fruits, vegetables, or other agricultural products made as the result of inspection under this article, within such time after the inspection and in such manner as shall be prescribed by the commissioner, may appeal to the commissioner, and the commissioner is directed […]

§ 35-23-113. Issuance of Certificate of Inspection

A certificate evidencing that official inspection has been made and designating the classification of the grades of fruits, vegetables, or other agricultural products so inspected shall be issued by the inspector and delivered to the applicant. A certificate so issued shall be accepted in any court of this state as prima facie evidence of the […]

§ 35-23-114. Inspection Fees – Agricultural Products Inspection Cash Fund

The state agricultural commission, after conferring with interested industry groups, is authorized to fix, assess, and collect fees for the inspection and issuance of certificates of inspection on fruits, vegetables, and other agricultural products. Such fees shall be uniform for the particular service rendered. The amount of such fees for services rendered under the provisions […]

§ 35-23-115. Information Confidential

All information obtained as the result of any inspection made under the provisions of this article shall not be open to inspection by the public; except that the commissioner shall prepare and certify to any financially interested party a copy of the original inspection certificate of any inspection upon the payment to him of his […]

§ 35-23-116. Penalty

[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person, firm, corporation, or other organization which violates any of the provisions of this article or willfully interferes with the commissioner or his deputies, inspectors, or employees in the performance or on account of the execution of his duties […]