§ 35-28-101. Short Title

This article shall be known and may be cited as the “Colorado Agricultural Marketing Act of 1939”. Source: L. 39: p. 193, § 1. CSA: C. 106, § 46. CRS 53: § 7-3-1. C.R.S. 1963: § 7-3-1.

§ 35-28-102. Legislative Declaration

It is declared that the marketing of agricultural commodities in Colorado, in excess of reasonable and normal market demand therefor; disorderly marketing of such commodities; improper preparation for market and lack of uniform grading and classification of agricultural commodities; unfair methods of competition in the marketing of such commodities; and the inability of individual producers […]

§ 35-28-103. Purposes of Article

The purposes of this article are: To enable agricultural producers of this state, with the aid of the state, more effectively to correlate the marketing of their agricultural commodities with market demands therefor; To establish orderly marketing of agricultural commodities; To provide for uniform grading and proper preparation of agricultural commodities for market; To provide […]

§ 35-28-104. Definitions

As used in this article 28, unless the context otherwise requires: “Agricultural commodity” means any agricultural, horticultural, floricultural, viticultural, and vegetable products, livestock and livestock products, wheat, hay, corn, millet, bees and honey, poultry and poultry products, and milk and milk products, either in their natural state or as processed, including any marketable agricultural product, […]

§ 35-28-105. Administration of Article

The commissioner of agriculture shall administer and enforce the provisions of this article and shall have all of the administrative powers conferred upon the head of a department of the state. In order to effectuate the declared purposes of this article, the commissioner of agriculture is authorized to issue, administer, and enforce the provisions of […]

§ 35-28-106. Marketing Order Issued – When

After such notice and hearing the commissioner may issue a marketing order if he finds and sets forth in such marketing order that such order will tend to: Reestablish or maintain prices received by producers for such agricultural commodity at a level which will give to such commodity a purchasing power, with respect to the […]

§ 35-28-107. Board of Control

Any marketing order pursuant to this article shall provide for the establishment of a board of control to administer such order in accordance with its terms and provisions. The members of the board shall be appointed by the commissioner from nominations submitted by the industry and shall hold office until the expiration of their term […]

§ 35-28-108. Contents of Marketing Order

In accordance with the provisions, restrictions, and limitations set forth in this article, any marketing agreement or order issued by the commissioner pursuant to this article may contain any of the following provisions for regulating, within this state, the handling, sale, and operations of processing or distributing by producers, handlers, or distributors of any agricultural […]

§ 35-28-109. When Marketing Order Effective

No marketing agreement or amendments thereto, directly affecting handlers, issued pursuant to this article, shall become effective unless and until the commissioner finds that such agreement has been assented to in writing by the handlers engaged in the operation covered by the marketing agreement who handle not less than fifty percent of the volume of […]

§ 35-28-110. Orders Regulating Processing

Subject to the provisions, restrictions, and limitations imposed in this article, the commissioner may issue marketing orders regulating within this state the processing, distributing, or handling in any manner of agricultural commodities by all persons engaged in such processing, distributing, or handling of such commodities. Source: L. 39: p. 201, § 8. CSA: C. 106, […]

§ 35-28-111. Termination of Marketing Order

The commissioner shall suspend, amend, or terminate any marketing order, or any provision of any marketing order, whenever he finds that such provision or order does not tend to effectuate the declared purposes of this article within the standards and subject to the limitations and restrictions imposed in this article, but such suspension or termination […]

§ 35-28-112. Notice of Marketing Order Issuance, Suspension, Amendment, or Termination

Upon the issuance, suspension, amendment, or termination of a marketing order, public announcement of the issuance, suspension, amendment, or termination must be made in the manner and at the time required by the commissioner. An order, suspension, amendment, or termination will be effective five days after the date of the public announcement. The commissioner shall […]

§ 35-28-113. Budgeting and Collection of Fees

For the purpose of providing funds to defray necessary expenses, the board of control shall prepare a budget for the administration and operating costs and expenses, including advertising and sales promotion when same are requested in any marketing agreement or order executed under this article, which budget shall be approved by the commissioner. The collection […]

§ 35-28-113.5. Refunds of Assessments – Request by Producer

Marketing orders issued after July 1, 1987, as well as amendments to such marketing orders and amendments to marketing orders in existence prior to July 1, 1987, which marketing orders and amendments are issued pursuant to the provisions of this article and which directly affect producers, may contain provisions for refunds of assessments or for […]

§ 35-28-114. Disposition of Funds

Any moneys collected by the commissioner pursuant to this article shall be deposited in a bank or other depository approved by the state treasurer, allocated to each marketing order under which they are collected, and disbursed by the commissioner only for the necessary expenses incurred by the board of control and the commissioner and approved […]

§ 35-28-115. Limitation of Marketing Orders

Marketing orders issued by the commissioner under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective. No marketing order shall be issued by the commissioner unless it embraces all persons of a like class in a given area […]

§ 35-28-116. Administration and Enforcement

The commissioner of agriculture shall be responsible for the administration and enforcement of this article. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Every person who violates any provision of this article or any provision of any marketing order duly issued by the commissioner under this article is guilty […]

§ 35-28-117. Assessment a Personal Debt

Any assessment levied in such specified amount as may be determined by the commissioner pursuant to the provisions of section 35-28-113 shall constitute a personal debt of every person so assessed and shall be due and payable to the commissioner when payment is called for by the commissioner. In the event of failure of such […]

§ 35-28-118. No Personal Liability

The members of any such board of control, including employees of such board, shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except […]

§ 35-28-119. Records – Information – Hearings

The commissioner may require all processors or distributors subject to the provisions of any marketing order issued pursuant to this article to maintain books and records reflecting their operations under said marketing order, and to furnish to the commissioner or his duly authorized or designated representatives such information as may be from time to time […]