Colorado § 35-12-117 Stop distribution, stop use, or removal orders

Colorado Statutes

§ 35-12-117 — Stop distribution, stop use, or removal orders

Colorado·Title 35 Agriculture·Art. Commercial Fertilizers and Soil Conditioners

(1)The commissioner may issue and enforce a written or printed stop distribution, stop use, or removal order directed to the owner or custodian of any lot of commercial fertilizer, soil conditioner, plant amendment, or compost when the commissioner finds the commercial fertilizer, soil conditioner, plant amendment, or compost is being distributed or used in violation of any of the provisions of this article. The commissioner shall release the commercial fertilizer, soil conditioner, plant amendment, or compost peat moss, or peat humus from the order when the owner or custodian has complied with requirements of this article and has paid all costs and expenses incurred in connection with the entry and enforcement of such order. Any person who has received a stop distribution, stop

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(1) The
commissioner may issue and enforce a written or printed stop distribution, stop use,
or removal order directed to the owner or custodian of any lot of commercial
fertilizer, soil conditioner, plant amendment, or compost when the commissioner
finds the commercial fertilizer, soil conditioner, plant amendment, or compost is
being distributed or used in violation of any of the provisions of this article. The
commissioner shall release the commercial fertilizer, soil conditioner, plant
amendment, or compost peat moss, or peat humus from the order when the owner
or custodian has complied with requirements of this article and has paid all costs
and expenses incurred in connection with the entry and enforcement of such order.
Any person who has received a stop distribution, stop use, or removal order may
request a hearing, pursuant to article 4 of title 24, C.R.S., to determine whether the
violation occurred.

(2) In the event that a person fails to comply with a stop distribution, stop
use, or removal order within twenty-four hours after the issuance of the order, the
commissioner may bring suit for a temporary restraining order and injunctive relief
in order to prevent any further or continued violation of such order.

(3) Matters brought before a court pursuant to this section shall have
preference over other matters on the court's calendar.

(4) Whenever the commissioner possesses evidence satisfactory to the
commissioner that a person has engaged or is about to engage in a violation of this
article or rules adopted pursuant to this article, the commissioner may apply to a
court of competent jurisdiction to temporarily or permanently restrain or enjoin the
act or practice in question and to enforce compliance with this article and rules
adopted pursuant to this article. In any such action, the commissioner shall not be
required to plead or prove irreparable injury or the inadequacy of the remedy at law.
Under no circumstances shall the court require the commissioner to post a bond.

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Legislative History

Source: L. 71: R&RE, p. 141, � 1. C.R.S. 1963: � 6-13-17. L. 77: Entire section amended, p. 1593, � 16, effective July 1. L. 2008: Entire article amended, p. 1623, � 1, effective August 5.