(1) The department has and
shall exercise the following functions, powers, and duties:
(a) To inquire into the needs of agriculture of the state and make appropriate
recommendations to the governor and the general assembly, except as to functions
specifically assigned under state law to other state agencies;
(b) To perform all regulatory and inspection services relating to agriculture,
except agricultural education and research and those regulatory functions relating
primarily to the control of milk or milk products or assigned by law to other state
agencies;
(c) To make investigations, conduct hearings, and make recommendations
concerning all matters as related to the powers, duties, and functions as provided in
this article;
(d) To cooperate with the United States department of agriculture in getting
and disseminating production statistics, market and trade information concerning
demand, supply, prevailing prices, and commercial movements of agricultural
products and extent of products in storage, and cooperate with any other state or
federal agency which in any manner may be helpful to agriculture;
(e) To annually fix such inspection and license fees and service charges
within maximum limits provided by law as may be necessary to pay the cost of
service performed and reasonable reserves for contingencies, including cost of
depository, accounting, disbursement, auditing, and rental of quarters and facilities
furnished by the state;
(f) To foster and encourage the standardizing, grading, inspection, labeling,
handling, storage, and marketing of agricultural products and, after investigation
and public hearings thereon, acting in cooperation with the United States
department of agriculture, to establish and promulgate standard grades and other
standard classifications of and for agricultural products, except milk or milk
products;
(g) To extend in every practicable way the distribution and sale of Colorado
agricultural products throughout the markets of the world;
(h) To promote, in the interest of the producer, the distributor, and the
consumer, the economical and efficient distribution of agricultural products of this
state and to that end cooperate with the department of commerce of the United
States and any other department or agency of the federal government;
(h.5) To promote, within existing appropriations, farmers' markets located
within the state, including support or development of farmers' market organizations
and working groups and the provision of education, outreach, and other assistance;
(i) To obtain and furnish information relating to the selection of shipping
routes, adoption of shipping methods, or avoidance of delays in the transportation
of agricultural products or helpful in the solution of other transportation problems
connected with the distribution of agricultural products;
(j) To act as adviser to producers and distributors, when requested, and to
assist them in the economical and efficient distribution of their agricultural product;
(k) To foster and encourage cooperation between producers and distributors
in the interest of the general public;
(l) To act as a mediator or arbitrator in any controversy or issue that may
arise between producers and distributors of any agricultural products concerning
the grade or classification of such products;
(m) To determine for the protection of owners, buyers, creditors, or other
interested parties the validity of warehouse receipts for any such products by
verifying quantities, grade, and classification thereof;
(n) To enforce the state laws or regulations relating to fruit and vegetable
inspection and grading; spray residue inspection and removal; the registration,
inspection, and analysis of commercial feeding stuffs; the licensing of commission
merchants, produce dealers, brokers, and agents handling agricultural products;
the inspection and grading of poultry and eggs; the inspection of warehouses and
frozen food locker plants; the inspection of commercial fertilizers; the control of
plant and insect pests and diseases; the control and eradication of noxious and
poisonous weeds; the inspection and sale of seeds; the control of contagious and
infectious livestock diseases; and all other regulatory laws relating to agriculture;
(o) To inspect any nursery, orchard, farm, garden, park, cemetery,
greenhouse, or any private or public place which may become infested or infected
with harmful insects, plant diseases, noxious or poisonous weeds, or other
agricultural pests; to establish and enforce quarantines; to issue and enforce orders
and regulations for the control and eradication of said pests, wherever they may
exist within the state; to perform such other duties relating to plants and plant
products as may seem advisable and not contrary to law; and to inspect apiaries for
diseases inimical to bees and beekeeping and enforce the laws relating thereto;
(p) to (t) Repealed.
(u) To license and inspect locker plants and enforce standards of
construction and operation;
(v) To offer and award suitable premiums on livestock at the national
western stock show;
(w) To take charge of the exhibition of Colorado agricultural products at
international or national expositions;
(x) To cooperate with the United States department of agriculture or any
other federal agency in control and eradication activities and programs involving
predatory animals and rodent pests, plant diseases and insect pests, and noxious
and poisonous weeds and to cooperate in the enforcement of the provisions of the
federal seed act governing the movement of seeds in interstate commerce;
(y) To serve as the state agency to carry out the policies and purposes of the
Colorado Agricultural Conservation and Adjustment Act and to promote and
administer state plans for the same;
(z) Repealed.
(aa) On approval of the governor, to coordinate the management and
operation of farms of state institutions and the exchange of agricultural products
and equipment between state institutions;
(aa.1) To promulgate rules to specify the varieties of rapeseed, also known as
canola, produced in the state and the geographical locations where each variety
may be produced or stored, to establish districts and require registration of fields
producing rapeseed with the appropriate district, and to enforce the provisions of
this paragraph (aa.1) by requiring a producer to take appropriate action necessary
to prevent cross-pollination, establishing reasonable penalties or costs or both, and
determining and collecting the actual costs to be recovered from the producers to
offset the cash funds expended for services performed by the department in the
administration of this paragraph (aa.1);
(aa.2) To promulgate rules specifying the class of strawberries allowed for
production of nursery stock in the state and the geographical locations where each
class may be produced, establishing districts and requiring registration of fields
producing strawberries with the appropriate district, and enforcing the provisions of
this paragraph (aa.2) by requiring a producer to take appropriate actions necessary
to prevent the introduction of diseases and pests, establishing reasonable penalties
or costs or both, and determining and collecting the actual costs to be recovered
from the producers to offset the cash funds expended for services performed by
the department in the administration of this paragraph (aa.2);
(aa.3) To identify agricultural management areas in the state and to develop
best management practices pursuant to section 25-8-205.5 (3), C.R.S., and to assist
the commissioner in the promulgation of any rules and regulations authorized
pursuant to said section;
(bb) Such other and additional functions, powers, and duties as may be
provided by law;
(cc) To solicit grants, donations, and gifts for the purpose of funding noxious
weed management projects, as described in section 35-5.5-116. Such moneys shall
be transferred to the state treasurer, who shall credit the same to the noxious weed
management fund.
(dd) For each division, section, program, or established funding source of the
department, to solicit, receive, and spend grants, donations, and gifts. Such moneys
shall be transmitted to the state treasurer, who shall credit the same to the
particular cash fund or established funding source deemed most appropriate by the
department.
(ee) and (ff) Repealed.
(gg) To promote domestic animal welfare, including providing education and
outreach, creating voluntary programs, and awarding grants. Prior to creating a
voluntary program or awarding grants pursuant to this subsection (1)(gg), the
department shall conduct a stakeholder process to receive input from those
interested in the proposed program or grant and receive approval from the
commission.
(2) Whenever any law provides for issuance or renewal by the department of
any license, permit, certificate, registration, or other form of authorization and such
law provides for specific dates for the issuance, renewal, or expiration of the same,
notwithstanding the provisions of any such laws, and in order to promote efficiency
and avoid duplication of effort, the department may, by rule and regulation,
establish dates for such issuance, renewal, or expiration different from those
established by law; but in no case shall the department change the duration or
period of time during which any license, permit, certificate, registration, or other
form of authorization may be valid or effective as established by law, unless
otherwise provided.
(3) Whenever a specific law provides for the renewal by the department of
any license previously issued and provides a license renewal fee to be paid by the
applicant therefor, upon the issuance of any such renewal license after the
applicable renewal date, the applicant shall pay in addition to the renewal fee a
penalty in an amount equal to the said renewal fee, but not to exceed twenty-five
dollars. The provisions of this subsection (3) shall not apply to articles 14 and 21 of
this title 35, nor to any other specific law that provides for a penalty for the
issuance of a license, permit, or registration after the applicable renewal date.
(4) To the extent its costs are repaid by gifts, grants, or donations received
pursuant to section 35-1-107 (6), and only to that extent, the department may
provide educational programs and materials regarding any activity regulated under
articles 12, 13, 14, 21, 33, 36, and 60 of this title 35.