Colorado § 35-26-110 Out-of-state nurseries

Colorado Statutes

§ 35-26-110 — Out-of-state nurseries

Colorado § 35-26-110

Title 35Agriculture

Art.Colorado Nursery Act

This text of Colorado § 35-26-110 (Out-of-state nurseries) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 35-26-110 (2026).

Text

(1)The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the commissioner a certified copy of the state of origin certificate of inspection of the nursery. This requirement may be satisfied by delivering to the commissioner a list of inspected and certified nurseries from the state of origin in lieu of individual certificates of inspection from each nursery. Each shipment of nursery stock entering the state of Colorado shall be accompanied by a certificate of inspection which states that the nursery stock has the appearance of freedom from insect pests and plant diseases. (1.5) An out-of-state nursery advertising and selling nursery stock in Colorado and having no duly appointed resident agent in this state upon whom p

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(1) The commissioner shall require out-of-state nurseries selling nursery stock in the state of Colorado to deliver to the
commissioner a certified copy of the state of origin certificate of inspection of the
nursery. This requirement may be satisfied by delivering to the commissioner a list
of inspected and certified nurseries from the state of origin in lieu of individual
certificates of inspection from each nursery. Each shipment of nursery stock
entering the state of Colorado shall be accompanied by a certificate of inspection
which states that the nursery stock has the appearance of freedom from insect
pests and plant diseases.

(1.5) An out-of-state nursery advertising and selling nursery stock in
Colorado and having no duly appointed resident agent in this state upon whom
process may be served as provided by law shall be deemed to have appointed the
secretary of state as the agent of the nursery upon whom service of process may be
had in the event of any suit against the nursery. Service on the secretary of state of
any such process shall be made by delivering to and leaving with the secretary of
state or with the secretary of state's deputy, an assistant, or a clerk two copies of
such process. The secretary of state shall also require a statement that contains
the name and address of the nonresident's home or home office. After receipt of
such process the secretary of state shall forward to the defendant a copy of the
process by registered mail, return receipt requested. The person so serving the
secretary of state shall immediately send or give to the commissioner a notice of
such service and a copy of the process. The secretary of state shall collect at the
time of any service of process on the secretary of state as resident agent a fee that
shall be determined and collected pursuant to section 24-21-104 (3).

(2) (Deleted by amendment, L. 91, p. 156, � 13, effective July 1, 1991.)

Legislative History

Source: L. 73: p. 198, � 4. C.R.S. 1963: � 6-15-10. L. 83: (1) amended and (1.5) added, p. 1363, � 7, effective July 1. L. 85: (1.5) amended, p. 1365, � 36, effective June 28. L. 91: (1) and (2) amended, p. 156, � 13, effective July 1. L. 2025: (1.5) amended, (HB 25-1084), ch. 24, p. 114, � 78, effective August 6.