Colorado § 35-27-104 Scope of article

Colorado Statutes

§ 35-27-104 — Scope of article

Colorado·Title 35 Agriculture·Art. Colorado Seed Act

(1)This article does not apply to:

(a)Seed not intended for propagation; except that screenings are subject to the requirements of section 35-27-113 (1)(e);

(b)Seed in storage in or consigned to a seed conditioning establishment for conditioning or for sale outside the state; except that:

(I)Disclosure of information concerning the holding, sale, and transportation of such seed shall be provided:

(A)On the labels attached to such seed; or

(B)Upon request; and

(II)All labeling and advertisements made regarding such seed are subject to this article;

(c)Seed sold or consigned to a merchant, if such seed is to be recleaned before it is sold for propagation; except that the seller or consignor of such seed shall be responsible for any advertisements made concerning such see

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(1) This article does not apply to:

(a) Seed not intended for propagation; except that screenings are subject to
the requirements of section 35-27-113 (1)(e);

(b) Seed in storage in or consigned to a seed conditioning establishment for
conditioning or for sale outside the state; except that:

(I) Disclosure of information concerning the holding, sale, and transportation
of such seed shall be provided:

(A) On the labels attached to such seed; or

(B) Upon request; and

(II) All labeling and advertisements made regarding such seed are subject to
this article;

(c) Seed sold or consigned to a merchant, if such seed is to be recleaned
before it is sold for propagation; except that the seller or consignor of such seed
shall be responsible for any advertisements made concerning such seed in the
course of the sale of such seed;

(d) Seed of a variety not protected by the federal Plant Variety Protection
Act, 7 U.S.C. secs. 2321 to 2582, as amended, sold on a grower's premises and
delivered to a purchaser, if such seed is: Grown on such grower's premises, not
delivered by common carrier or by mail, and not commercially advertised in any
way; except that such seed shall be subject to the noxious weed provisions of
section 35-27-113 (2), and the grower of such seed shall be responsible for any
advertisements made concerning such seed in the course of the sale of such seed;

(e) Seed brought into the state by the Colorado agricultural experiment
station for experimental purposes or for storage in the USDA-ARS national center
for genetic resources preservation;

(f) Any person who produces seed for such person's own use on property
owned or rented by such person or such person's employer;

(g) Seed held for wholesale transactions; except that such seed shall be
subject to the labeling requirements of section 35-27-105;

(h) Seed potatoes as defined in section 35-27.3-103.

(2) Any person who acts as a custom seed conditioner, farmer seed labeler,
retail seed dealer, or seed labeler in this state shall be subject to this article.

Colorado § 35-27-104 (Scope of article) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 93: Entire article R&RE, p. 1004, � 1, effective July 1. L. 99: (1)(d) amended, p. 189, � 4, effective March 31. L. 2007: (1)(e) amended, p. 642, � 2, effective April 26. L. 2010: IP(1) amended and (1)(h) added, (SB 10-072), ch. 384, p. 1793, � 4, effective July 1.