Colorado § 35-27.3-110 Violations - civil penalties

Colorado Statutes

§ 35-27.3-110 — Violations - civil penalties

Colorado § 35-27.3-110

Title 35Agriculture

Art.Colorado Seed Potato Act

This text of Colorado § 35-27.3-110 (Violations - civil penalties) 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. § 35-27.3-110 (2026).

Text

(1)(a) Except as otherwise provided in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3.

(b)Any person who plants or distributes potatoes in violation of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty imposed by the commissioner shall be at least twenty dollars per acre but shall not exceed one hundred dollars per acre per violation.

(c)Any person who fails to maintain complete and accurate records pursuant to section 35-27.3-106 or rules promulgated pursuant to section 35-27.3-108

(1)(b)(VII) is subject to a civil penalty of at least five hundred dollars but no more than one thousand dollars, as

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(1) (a) Except as otherwise provided
in this section, the commissioner may impose a civil penalty on a person who
violates this article 27.3 or a rule adopted under this article 27.3.

(b) Any person who plants or distributes potatoes in violation of this article
or any rule adopted pursuant to this article is subject to a civil penalty, as
determined by the commissioner. The penalty imposed by the commissioner shall
be at least twenty dollars per acre but shall not exceed one hundred dollars per
acre per violation.

(c) Any person who fails to maintain complete and accurate records pursuant
to section 35-27.3-106 or rules promulgated pursuant to section 35-27.3-108
(1)(b)(VII) is subject to a civil penalty of at least five hundred dollars but no more
than one thousand dollars, as determined by the commissioner.

(2) No civil penalty shall be imposed unless the person charged is given
notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(3) If the commissioner is unable to collect a civil penalty or if any person
fails to pay all or a set portion of such civil penalty, the commissioner may bring suit
in any court of competent jurisdiction to recover the penalty plus costs and
attorney fees.

(4) Moneys collected from any civil penalty imposed under this article shall
be paid to the state treasurer, who shall credit the same to the seed potato cash
fund created in section 35-27.3-111.

Legislative History

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, � 5, effective July 1. L. 2019: (1)(a) amended, (SB 19-147), ch. 100, p. 364, � 6, effective August 2.