(1) In accordance with the
provisions, restrictions, and limitations set forth in this article, any marketing
agreement or order issued by the commissioner pursuant to this article may contain
any of the following provisions for regulating, within this state, the handling, sale,
and operations of processing or distributing by producers, handlers, or distributors
of any agricultural commodity, but no others:
(a) Provisions for determining the existence and extent of the surplus of any
agricultural commodity, or of any grade, size, species, or other classification or
quality thereof, for the control and disposition of such surplus, and for equalizing
the burden of such surplus elimination or control among the producers, processors,
distributors, or other handlers affected;
(b) Provisions for limiting the total quantity of any agricultural commodity, or
of any grade, size, species, or other classification, or quality or portions or
combinations thereof, which may be processed, distributed, or otherwise handled
by any persons engaged in such processing, distributing, or handling during any
specified period. The total quantity of any such commodity so regulated and
permitted to be processed, distributed, or otherwise handled shall not be less than
the quantity which the commissioner finds is reasonably necessary to supply the
market demand of consumers for such commodity.
(c) Provisions for allotting the quantity of any agricultural commodity, or of
any grade, size, species, or other classification, or quality thereof, which each
handler may purchase or acquire from or handle on behalf of any producers thereof
during any specified period under a uniform rule, applicable to all handlers so
regulated, based upon the amounts produced or sold by such producers in a prior
period which the commissioner finds to be representative, or upon the current
season's production or sales of such products, or both, to the end that the total
quantity of such commodity, or of any grade, size, species, or other classification, or
quality or portions or combinations thereof, so purchased or handled shall be
apportioned equitably among the producers thereof;
(d) Provisions for allotting the quantity of any agricultural commodity, or of
any grade, size, species, or other classification, or quality or portions or
combinations thereof, which each handler may process, distribute, or handle under
a uniform rule, applicable to all handlers so regulated, based upon quantities of
such commodity or of any grades, size, species, or other classification, or quality
thereof, of the current season's crop which each such handler has available for
such processing, distribution, or handling, or upon the quantities of such commodity
or of any grade, size, species, or other classification, or quality thereof, so
processed, distributed, or handled by each such handler in a prior period which the
commissioner finds to be representative, or based upon both, to the end that the
total quantity of such commodity, or any grade, size, species, or other classification,
or portion or combinations or quality thereof, processed, distributed, or handled
during any specified period shall be equitably apportioned among all such handlers
thereof;
(e) Provisions regulating the period during which any agricultural
commodity, or any grade, size, species, or classification, or quality or portions or
combinations of such commodity, may be processed, distributed, or otherwise
marketed;
(f) Provisions for the establishment of surplus or reserve pools of any
agricultural commodity, or of the representative value of such commodity, or of any
grade, size, species, or other classification, or quality, or portions, or combination
thereof, and providing for the sale of such surplus commodity and the equitable
distribution, among the persons interested therein, of the net returns derived from
the sale of such commodity or such commodity or such distribution of the
representative value of such commodity;
(g) Provisions for the establishment of uniform grading and inspection of any
agricultural commodity delivered by producers to handlers, processors,
distributors, or others engaging in the handling, processing, or distributing thereof
and for the establishment of grading standards of quality, condition, size, or pack
for any agricultural commodity, and the inspection and grading of such commodity
in accordance with such grading standards so established. Such grading standards
for any such commodity shall not be established below any minimum standards now
prescribed by law for such commodity. All inspections made necessary by such
provisions shall be performed by the federal-state inspection service or by such
other agent as designated by the commissioner.
(h) Provisions for the establishment of plans for advertising and sales
promotion to create new or larger markets for agricultural commodities grown in
the state of Colorado. The commissioner is authorized to prepare, issue, administer,
and enforce plans for promoting the sale of any agricultural commodity. Any such
plan shall be directed toward increasing the sale of such commodity without
reference to a particular brand or trade name. No advertising or sales promotion
program shall be issued by the commissioner which makes use of false or
unwarranted claims on behalf of any such product, or disparages the quality, value,
sale, or use of any other agricultural commodity.
(i) Provisions for price posting; but any grade, size, species, or other
classification, quality, portion, or combinations thereof of any marketable
agricultural product shall be sold by producers, handlers, or distributors thereof
only at prices filed by such producers, handlers, or distributors in the manner
provided for in such order;
(j) Provisions for requiring the labeling, marking, or branding of any
agricultural commodity to be in conformity with the regulations specified in any
marketing agreement or order issued under authority of this article;
(k) Provisions for establishing convenient stations for inspection, weighing,
and receiving payment for any agricultural commodities sold or delivered by
producers or distributors in conformity with any marketing agreement or order
issued under authority of this article, and providing for the collection of expenses of
operating such stations;
(l) Provisions allowing a board of control to cooperate with any other state or
federal agency whose activities may be deemed beneficial to the purposes of this
article;
(m) Provisions for requiring the packaging of any agricultural commodity to
be in containers, and setting standards for such containers, or pack thereof, in
conformity with the regulations or authority contained in any marketing agreement
or order issued, adopted, or promulgated under the authority of this article;
(n) Provisions for the establishment of programs in the field of research for
the improvement of production, control of insects or disease, harvesting, storing,
transporting, marketing, handling, processing, or any other phase of research work
which would benefit any agricultural commodity produced in Colorado;
(o) Provisions for establishing processing plants or necessary arrangements
with persons or companies for the processing of agricultural products, which
processing would tend to effectuate the purposes of the article;
(p) Provisions establishing methods whereby agricultural commodities and
products other than marketable products may be disposed of and prohibiting
dispositions thereof except as so provided;
(q) Provisions for the limitation and prevention of unfair methods of
competition in the marketing of agricultural products.
(2) Notwithstanding any other provisions of law, whenever a marketing order
issued by the commissioner pursuant to this article contains any terms or conditions
regulating the handling, processing, or distribution of any agricultural commodity
that may be marketed in the area covered by such order, the importation into the
area of any such commodity shall be prohibited unless the handler, processor, or
distributor of such commodity complies with such terms and conditions.