§ 35-26-101. Short Title
This article shall be known and may be cited as the “Colorado Nursery Act”. Source: L. 71: R&RE, p. 143, § 1. C.R.S. 1963: § 6-15-1.
§ 35-26-101.5. Legislative Declaration
The general assembly hereby finds and determines that nursery stock can harbor plant pests and diseases and operate as a disease vector. Unregulated production and shipping of nursery stock presents an unacceptable risk to the state’s agricultural, forestry, and horticultural interests and to the state’s general environmental quality. Therefore, the general assembly hereby declares that […]
§ 35-26-102. Definitions
As used in this article 26, unless the context otherwise requires: “Advertisement” means the attempt by publication, dissemination, solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property. (1.5) (Deleted by amendment, L. 91, p. 151 […]
§ 35-26-103. Inspections
Except as otherwise provided in this section, premises in this state on which nursery stock is kept for sale or offered for sale and all areas in this state that are sources of collected nursery stock may be inspected by the commissioner or the commissioner’s authorized agents using a risk-based approach. If any person requests […]
§ 35-26-104. Labeling – Rules
There shall be securely attached to each item of nursery stock when offered for sale or distributed, or to each bundle or lot when sold as a single lot of the same kind, grade, size, and variety, a label showing: The correct botanical or accepted common name; The grade or size of the nursery stock; […]
§ 35-26-105. Prohibited Acts – Removal From Sale – Advisory Alerts
A person shall not sell, offer for sale, or distribute: Nursery stock in a dead or dying condition; Nursery stock infested or infected with insect pests or plant diseases; Noxious weeds or nursery stock that is infested with noxious weeds; or Nursery stock in violation of any other provision of this article 26 or any […]
§ 35-26-106. Registration – Plant Health, Pest Control, and Environmental Protection Cash Fund – Fees – Rules
A person shall not engage in the business of selling nursery stock in this state, nor shall the person advertise with the intent and purpose of selling nursery stock in this state, without having first obtained a registration issued by the commissioner. The registration expires on December 31 of each year. Application for registration must […]
§ 35-26-108. Access to Locations and Records – Administrative Subpoena – Complaints and Investigations
At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant to all buildings, yards, warehouses, and storage facilities owned or operated by a registrant in which any nursery stock is kept, stored, handled, processed, or transported for the purpose […]
§ 35-26-109. Penalties
[ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who intentionally violates any provision of this article or the rules or regulations promulgated pursuant to this article commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. (1) [ Editor’s note: This version […]
§ 35-26-110. Out-of-State Nurseries
The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the commissioner a certified copy of the “state of origin” certificate of inspection of the nursery. This requirement may be satisfied by delivering to the commissioner a list of inspected and certified nurseries from the “state of origin” […]
§ 35-26-111. Rules and Regulations
The commissioner is hereby authorized and directed to promulgate such rules and regulations as he may deem necessary and proper for the furtherance and enforcement of the provisions of this article. Such rules and regulations shall be promulgated in accordance with applicable provisions of article 4 of title 24, C.R.S. Source: L. 73: p. 198, […]
§ 35-26-112. Delegation of Duties
The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department. Source: L. 83: Entire section added, p. 1364, § 8, effective July 1. L. 91: Entire section amended, p. 157, § 14, effective July 1.
§ 35-26-113. Bodies Politic
All growing fields and all other premises in this state on which nursery stock is being grown or held by bodies politic for the purpose of planting on public or private grounds shall be inspected at least once each year by the commissioner or his authorized agents. A body politic shall not plant nursery stock […]
§ 35-26-114. Enforcement
After an investigation, the commissioner may, through the attorney general, institute and prosecute the proper proceedings for the enforcement of any of the provisions of this article, or for the recovery of any money due the department, or any penalty provided for in this article, and shall defend in like manner all suits, actions, or […]
§ 35-26-115. Termination of Function – Repeal of Article. (Deleted by Amendment, L. 1996.)
Source: L. 88: Entire section added, p. 933, § 29, effective April 28. L. 91: Entire section amended, p. 159, § 17, effective July 1. L. 96: Entire section amended, p. 374, § 3, effective April 17.