The short title of this article 36 is the “Commodity Handler and Farm Products Act”. Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 715, § 2, effective June 29. Editor’s note: This section is similar to former §§ 35-36-101 and 35-37-101 as they existed prior to 2020.
As used in this article 36, unless the context otherwise requires: “Agent” means a person who, on behalf of a dealer or small-volume dealer, buys, receives, contracts for, or solicits any farm products from or sells farm products for the owner of the farm products or who negotiates the consignment or purchase of any farm […]
The commissioner shall promulgate rules in accordance with article 4 of title 24 as are necessary for the administration of this article 36. On or before December 31, 2020, the commissioner must promulgate rules that include rules regarding: Financial assurance requirements, including a schedule for applicants to file a bond with the commissioner; Requirements for […]
If the commissioner determines that there exists a violation of this article 36 or of any rule promulgated under the authority of this article 36, the commissioner may issue a cease-and-desist order, which may require a person to cease functioning as a commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent except for those […]
A person who violates this article 36 or any rule enacted pursuant to this article 36 is subject to a civil penalty as determined by the commissioner. The maximum penalty is one thousand dollars per violation per day. A civil penalty shall not be imposed unless the person charged is given notice and an opportunity […]
[ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] A person who violates section 35-36-217 (1)(a) to (1)(e) or (1)(j) or section 35-36-313 (1)(a) to (1)(e) commits a class 6 felony and shall be punished as provided in section 18-1.3-401. A person who violates section 35-36-217 (1)(f) or 35-36-313 (1)(f) […]
Any action of the commissioner with reference to the administration of this article 36 may be reviewed by any court of competent jurisdiction pursuant to section 24-4-106 only after all administrative remedies have been exhausted. Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 724, § 2, effective June 29. Editor’s […]
This article 36 is repealed, effective September 1, 2025. Before the repeal, the licensing functions of the commissioner are scheduled for review in accordance with section 24-34-104. Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 724, § 2, effective June 29. Editor’s note: This section is similar to former §§ […]
