§ 35-23-114 — Inspection fees - agricultural products inspection cash fund

Colorado § 35-23-114

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Fruits, Vegetables, and Other

Text

(1)
The state agricultural commission, after conferring with interested industry groups,
is authorized to fix, assess, and collect fees for the inspection and issuance of
certificates of inspection on fruits, vegetables, and other agricultural products.

(2) (a) Such fees shall be uniform for the particular service rendered. The
amount of such fees for services rendered under the provisions of this article shall
be determined by the commission as nearly as may be to the end that such fees
shall pay at least fifty percent of the operational cost of the inspection service
mandated by section 35-23-111, but appropriations from the general fund shall be
fifty percent of the operational cost of such mandatory inspection or two hundred
thousand dollars, whichever is the lesser amount, and one hundred percent of the
operational costs of all other inspection services provided pursuant to this article.
Such fees shall be paid by the person, firm, corporation, or other organization
requesting the service at the time such service is rendered or as otherwise provided
and authorized by the commission.

(b) (Deleted by amendment, L. 93, p. 353, � 1, effective April 12, 1993.)

(3) (a) Fees for inspections mandated by section 35-23-111 and fees for all
other inspection services provided pursuant to this article and collected under the
provisions of this section shall be deposited in the state treasury and credited to
the agricultural products inspection cash fund, which fund is hereby created. All
interest derived from the deposit or investment of moneys credited to the
agricultural products inspection cash fund shall also be credited to the fund. All
moneys credited to the agricultural products inspection cash fund shall be used as
provided in this section and shall not be deposited in or transferred to the general
fund of this state or any other fund. All moneys in said fund are to be appropriated
by the general assembly to the department of agriculture to be used for inspection
services provided pursuant to this article. Moneys in the agricultural products
inspection cash fund may be used:

(I) Repealed.

(II) For the department's direct and indirect costs; except that, effective July
1, 2006, no more than five percent of said moneys shall be used for the
department's indirect costs.

(b) Repealed.

(c) The uncommitted and unencumbered balance in the agricultural products
inspection cash fund on June 30, 2024, and on June 30 of each year thereafter,
must not exceed fifty percent of the amount expended from the fund during the
same state fiscal year.

(4) Repealed.

Legislative History

Source: L. 31: p. 378, � 18. CSA: C. 69, � 78. L. 45: p. 342, � 2. L. 51: p. 409, � 1. CRS 53: � 7-6-19. C.R.S. 1963: � 7-5-19. L. 65: p. 197, � 10. L. 71: p. 158, � 10. L. 73: p. 201, � 1. L. 84: (2) and (3) amended, p. 938, � 1, effective April 27. L. 85: (2) and (3) amended, p. 1137, � 1, effective July 1. L. 92: Entire section amended, p. 159, � 2, effective February 25. L. 93: (2) amended, p. 353, � 1, effective April 12. L. 2002: (3) amended, p. 878, � 9, effective August 7. L. 2003: (3) amended, p. 390, � 3, effective March 5; (3) amended, p. 382, � 1, effective March 5. L. 2009: IP(3)(a) amended and (4) added, (HB 09-1249), ch. 87, p. 320, � 17, effective July 1. L. 2023: (3)(c) added and (4) repealed, (HB 23-1179), ch. 103, p. 375, � 2, effective August 7.