Colorado § 35-28-121 General provisions

Colorado Statutes

§ 35-28-121 — General provisions

Colorado·Title 35 Agriculture·Art. Marketing Act of 1939

(1)In the event the commissioner finds that it tends to effectuate the declared purposes of this article within the standards prescribed in this article, the commissioner may issue a marketing order, applicable to the marketing of any agricultural commodity containing like terms, provisions, methods, and procedures as any license or order regulating the marketing of such commodity issued by the secretary of agriculture of the United States pursuant to the provisions of any law or laws of the United States. In selecting the members of any board or other advisory agency under such marketing order, the commissioner shall utilize, insofar as practicable, the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflic

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(1) In the event the commissioner finds that
it tends to effectuate the declared purposes of this article within the standards
prescribed in this article, the commissioner may issue a marketing order, applicable
to the marketing of any agricultural commodity containing like terms, provisions,
methods, and procedures as any license or order regulating the marketing of such
commodity issued by the secretary of agriculture of the United States pursuant to
the provisions of any law or laws of the United States. In selecting the members of
any board or other advisory agency under such marketing order, the commissioner
shall utilize, insofar as practicable, the same persons as those serving in a similar
capacity under such federal license or order, so as to avoid duplicating or
conflicting personnel.

(2) The commissioner may confer with and cooperate with the legally
constituted authorities of other states and of the United States for the purpose of
obtaining uniformity in the administration of federal and state marketing
regulations, licenses, or orders. The commissioner may conduct joint hearings and
issue joint or concurrent marketing orders for the purposes and within the
standards set forth in this article 28, and the commissioner may exercise any
administrative authority prescribed by this article 28 to effect such uniformity of
administration and regulation.

(3) Nothing in this article applies to any order, rule, or regulation issued or
issuable by the public utilities commission with respect to the operation of common
carriers.

(4) In any civil or criminal action or proceeding for violation of any rule of
statutory or common law against monopolies or combinations in restraint of trade,
proof that the act complained of was done in compliance with the provisions of this
article or a marketing order issued under this article and in furtherance of the
purposes and provisions of this article shall be a complete defense to such action or
proceeding.

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Legislative History

Source: L. 39: p. 208, � 16. CSA: C. 106, � 61. L. 53: p. 118, � 4. CRS 53: � 7-3-21. L. 55: p. 151, � 11. L. 61: p. 167, � 1. L. 62: p. 124, � 1. L. 63: p. 165, � 1. C.R.S. 1963: � 7-3-21. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 121, � 93, effective August 6.