§ 35-27.3-101. Short Title
This article shall be known and may be cited as the “Colorado Seed Potato Act”. Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, § 5, effective July 1.
§ 35-27.3-102. Legislative Declaration
The general assembly hereby finds and declares that the purpose of this article is to control and minimize the spread of contagious community diseases by reducing the overall inoculum pool present in potato crops. This article is further intended to comply with seed potato standards set forth in the state national harmonization program. Source: L. […]
§ 35-27.3-103. Definitions
As used in this article, unless the context otherwise requires: “Advisory committee” means the seed potato advisory committee created in section 35-27.3-107. “Certified” means certified by a certifying authority as meeting all applicable laws and rules for certification of seed potatoes. “Certifying authority” means the potato certification service of Colorado state university or the authorized […]
§ 35-27.3-104. Distribution of Seed Potatoes – Rules
All seed potatoes distributed by any person in lots that are sufficient to plant one or more acres in Colorado as determined by the commissioner by rule shall be certified by a certifying authority. All lots of seed potatoes subject to subsection (1) of this section shall, at the time of distribution, be accompanied by […]
§ 35-27.3-105. Minimum Standards for Planting Seed Potatoes – Scope – Qualified Seed Potatoes – Rules
Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified. Seed potatoes imported to Colorado shall meet the minimum standards for certified seed set forth in the state […]
§ 35-27.3-106. Record-Keeping Requirements – Annual Record Reviews
Each person growing potatoes in this state in lots of one acre or greater shall keep and maintain records, by cultivar and by field, of the hundredweight of potato cultivar or cultivars planted per field. The records shall contain the information required for an independent records review conducted pursuant to paragraph (b) of subsection (2) […]
§ 35-27.3-107. Advisory Committee – Created – Members – Terms – Duties
There is hereby created the seed potato advisory committee. The advisory committee consists of nine members appointed by the commissioner as follows: Four potato growers who do not grow seed potatoes and whose operations are located in area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of […]
§ 35-27.3-108. Powers and Duties of the Commissioner – Rules
In addition to any other duties in this article 27.3, the commissioner shall: Administer and enforce this article; Adopt rules necessary for the administration and enforcement of this article 27.3, including rules that: Establish requirements for compliance verification, testing, sampling, and inspection; Specify quality or disease standards for potatoes; Allow for the random selection of […]
§ 35-27.3-109. Inspections – Access – Investigations – Subpoenas
The commissioner, upon the commissioner’s own motion or upon the recommendation of an independent auditor pursuant to section 35-27.3-106 (2), may make an investigation necessary to determine compliance with this article. For inspection purposes pursuant to subsection (1) of this section, the commissioner shall have free and unimpeded access during regular business hours, either upon […]
§ 35-27.3-110. Violations – Civil Penalties
Except as otherwise provided in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3. Any person who plants or distributes potatoes in violation of this article or any rule adopted pursuant to this article is subject to a civil […]
§ 35-27.3-111. Seed Potato Cash Fund – Created
All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the seed potato cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall remain in the […]
§ 35-27.3-112. Repeal of Article – Termination of Functions
This article 27.3 is repealed, effective September 1, 2028. Before the repeal, the certification functions of the commissioner are scheduled for review in accordance with section 24-34-104. Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, § 5, effective July 1. L. 2019: Entire section amended, (SB 19-147), ch. 100, p. 365, […]