Colorado § 35-26-103 Inspections

Colorado Statutes

§ 35-26-103 — Inspections

Colorado·Title 35 Agriculture·Art. Colorado Nursery Act

(1)(a) Except as otherwise provided in this section, premises in this state on which nursery stock is kept for sale or offered for sale and all areas in this state that are sources of collected nursery stock may be inspected by the commissioner or the commissioner's authorized agents using a risk-based approach. If any person requests an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection. Inspections may also be made by the commissioner or the commissioner's authorized agents at any time deemed appropriate by the commissioner based on information known to the commissioner or based on any complaint received by the commissioner alleging failu

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(1) (a) Except as otherwise provided in this section,
premises in this state on which nursery stock is kept for sale or offered for sale and
all areas in this state that are sources of collected nursery stock may be inspected
by the commissioner or the commissioner's authorized agents using a risk-based
approach. If any person requests an inspection of crops, plant material, or other
articles or premises for pests, the commissioner shall provide such inspection and
issue a certificate setting forth the facts of said inspection. Inspections may also be
made by the commissioner or the commissioner's authorized agents at any time
deemed appropriate by the commissioner based on information known to the
commissioner or based on any complaint received by the commissioner alleging
failure to comply with any provision of this article or any rule promulgated pursuant
to this article.

(b) Repealed.

(2) No person shall sell in this state any nursery stock except from sources
available for inspection.

(3) The commissioner may promulgate rules establishing minimum standards
for the qualification of individuals who are authorized to make inspections as
agents of the commissioner under this article and who are not employees of the
department. The commissioner may charge an annual fee for qualifying such
individuals as inspectors pursuant to this subsection (3). Such fee shall be in an
amount sufficient to defray the costs of qualifying inspectors pursuant to this
subsection (3).

(4) On an annual basis, the commissioner shall make public the results of
such inspections in order to inform the public as to the major sale sources of
nursery stock found not to be of the quality permitted to be sold, and the location
where such nursery stock was offered for sale. Publication of such reports shall be
as provided for in sections 35-1-107 (3) and 24-1-136, C.R.S.

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Legislative History

Source: L. 71: R&RE, p. 145, � 1. C.R.S. 1963: � 6-15-3. L. 73: p. 198, � 5. L. 91: Entire section amended, p. 152, � 6, effective July 1. L. 96: Entire section amended, p. 374, � 3, effective April 17. L. 2002: (1)(a) amended, p. 309, � 1, effective April 18. L. 2018: (1)(b) repealed, (HB 18-1246), ch. 105, p. 792, � 3, effective August 8.