§ 35-27-116 — Enforcement

Colorado § 35-27-116

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Seed Act

Text

(1) The commissioner, pursuant to the provisions
of the State Administrative Procedure Act, article 4 of title 24, C.R.S., shall
enforce the provisions of this article. After an investigation, the commissioner may,
through the attorney general, enforce any of the provisions of this article, including
recovering any money due the department or any penalty assessed pursuant to this
article, and defend any suit or action brought against the commissioner or the
department under this article.

(2) (a) If the commissioner has reasonable cause to believe a violation of this
article is occurring and determines that immediate action is necessary, the
commissioner may issue a cease-and-desist order. Such cease-and-desist order
shall be issued to the alleged violator and shall set forth the alleged violation, the
facts which constitute such violation, and an order that all such violative conduct
immediately cease.

(b) If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with such order, the commissioner may bring a suit for
a temporary restraining order and injunctive relief to prevent any further violation
of such order.

(c) No stay of a cease-and-desist order shall be issued before a hearing has
been held at which both parties have had an opportunity to appear.

(d) Matters brought before a court pursuant to this section shall have
preference over other matters on the calendar of the court.

(3) (a) If the commissioner determines that a person has engaged in or is
about to engage in any act or practice violating any provision of this article, any rule
or regulation, or any order issued under this article, the commissioner may apply to
a court of competent jurisdiction to temporarily or permanently restrain such
person or enjoin the violative practice.

(b) In any action taken pursuant to paragraph (a) of this subsection (3), the
court shall not require the commissioner to:

(I) Plead or prove irreparable injury or inadequacy of a remedy at law; or

(II) Post a bond.

(4) (a) Any lot of seed which is sold, offered or exposed for sale, bartered, or
distributed in violation of this article shall be subject to embargo on complaint of
the commissioner to a court of competent jurisdiction for the area in which such lot
of seed is located.

(b) If the court finds, pursuant to paragraph (a) of this subsection (4), seed to
be in violation of this article and orders the embargo and condemnation of such
seed, such seed shall be, pursuant to court order, conditioned, denatured,
destroyed, relabeled, or otherwise disposed of in a manner consistent with the
quality of such seed.

Legislative History

Source: L. 93: Entire article R&RE, p. 1014, � 1, effective July 1.