§ 35-26-105 — Prohibited acts - removal from sale - advisory alerts

(1) A
person shall not sell, offer for sale, or distribute:

(a) Nursery stock in a dead or dying condition;

(b) Nursery stock infested or infected with insect pests or plant diseases;

(c) Noxious weeds or nursery stock that is infested with noxious weeds; or

(d) Nursery stock in violation of any other provision of this article 26 or any
rules promulgated pursuant to this article 26.

(2) The commissioner or the commissioner's authorized agents shall issue a
stop-sale order to any person offering nursery stock for sale in violation of any
provision of this article 26 or any rules adopted pursuant to this article 26. A person
receiving a stop-sale order shall remove such stock from sale immediately.

(3) Failure to comply with any stop-sale order may result in penalties as set
forth in section 35-26-109.

(4) If the commissioner makes a finding, after notice and opportunity for a
hearing, that substandard plant material is being sold by a nursery outside of
Colorado to any nursery in this state, the commissioner may ban any products from
said nursery from sale or distribution in Colorado and any further shipments of
nursery stock from said nursery may be seized and destroyed. Upon such banning,
the commissioner shall issue an alert to all persons registered under this article
setting forth the commissioner's finding and advising registrants that the purchase
of plant material from such offending nursery constitutes a violation of this article.

Legislative History

Source: L. 71: R&RE, p. 145, � 1. C.R.S. 1963: � 6-15-5. L. 83: (1) and (2) amended, p. 1362, � 4, effective July 1. L. 91: (1)(b) amended and (3) and (4) added, p. 153, � 7, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, � 5, effective August 8. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 114, � 76, effective August 6.