Colorado § 35-28-106 Marketing order issued - when

Colorado Statutes

§ 35-28-106 — Marketing order issued - when

Colorado § 35-28-106

Title 35Agriculture

Art.Marketing Act of 1939

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Bluebook

Colo. Rev. Stat. § 35-28-106 (2026).

Text

(1)After notice and a hearing, the commissioner may issue a marketing order if the commissioner finds and sets forth in the marketing order that the order will tend to:

(a)Reestablish or maintain prices received by producers for an agricultural commodity at a level that will give to the commodity a purchasing power, with respect to the articles and services that farmers commonly buy, equivalent to the purchasing power of the commodity in the base period. The base period is the period in which the commissioner finds that the volume of production of the commodity was adequate to supply the requirements of consumers of the commodity and the net returns to producers of the commodity were sufficient to provide an adequate standard of living to the farm operator and the farm operator

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(1) After notice and a hearing,
the commissioner may issue a marketing order if the commissioner finds and sets
forth in the marketing order that the order will tend to:

(a) Reestablish or maintain prices received by producers for an agricultural
commodity at a level that will give to the commodity a purchasing power, with
respect to the articles and services that farmers commonly buy, equivalent to the
purchasing power of the commodity in the base period. The base period is the
period in which the commissioner finds that the volume of production of the
commodity was adequate to supply the requirements of consumers of the
commodity and the net returns to producers of the commodity were sufficient to
provide an adequate standard of living to the farm operator and the farm operator's
family.

(b) Approach such equality of purchasing power at as rapid a rate as is
feasible in view of the market demand for such commodity;

(c) Prevent the unreasonable or unnecessary waste of agricultural wealth
because of improper preparation of such agricultural commodity for market, lack of
uniform grading and inspection, or excessive shipments to markets;

(d) Protect the interests of consumers of such commodity, by exercising the
powers of this article only to such extent as is necessary to effectuate the declared
purposes of this article;

(e) Eliminate unfair competition.

(2) In making the findings set forth in subsection (1) of this section, the
commissioner shall take into consideration all facts available to the commissioner
with respect to the following economic factors:

(a) The quantity of such agricultural commodity available for distribution;

(b) The quantity of such agricultural commodity normally required by
consumers;

(c) The cost of producing, processing, distributing, and marketing such
agricultural commodity as determined by available statistics and surveys;

(d) The purchasing power of consumers as indicated by reports and indices;

(e) The level of prices of commodities, services, and articles which the
farmers commonly buy;

(f) The level of prices of other commodities which compete with or are
utilized as substitutes for such agricultural commodity.

Legislative History

Source: L. 39: p. 197, � 6. CSA: C. 106, � 51. CRS 53: � 7-3-6. L. 55: p. 148, � 6. C.R.S. 1963: � 7-3-6. L. 69: pp. 113, 114, �� 5, 6. L. 2025: IP(1), (1)(a), and IP(2) amended, (HB 25-1084), ch. 24, p. 118, � 86, effective August 6.