§ 35-4-102 — Definitions

As used in this article 4, unless the context otherwise
requires:

(1) Board of county commissioners means the public officials duly elected
to that public office or their designated agents.

(2) Commission means the state agricultural commission created in section
35-1-105.

(3) Commissioner means the commissioner of agriculture or the
commissioner's designated agents.

(4) County pest inspector means any qualified employee of a board of
county commissioners employed under this article 4.

(5) Department means the department of agriculture.

(6) Eradicate means the complete elimination of a pest and its parts
capable of reproduction based on its absence.

(7) Insect pests means any of the small invertebrate animals in the phylum
arthropoda that are injurious to plants and animals.

(8) Joint phytosanitary program means a federal program designed to
recognize a state official control program to eradicate or contain a plant pest that is
not regulated by the lead federal agency and affords equivalent protection at ports
of entry for the same pest if the states where it is destined are under official
control.

(9) Local government means a county, municipality, city and county, or
pest control district.

(10) Official control means official actions taken by a plant pest regulatory
agency to eradicate or suppress a plant pest with the goal of eliminating isolated
plant pest infestations.

(11) Permit means a document prepared by the commissioner that
authorizes the movement of regulated articles that cannot meet official quarantine
requirements to a specified destination for specialized handling, utilization, or
processing or for treatment.

(12) Person means any individual, partnership, association, corporation, or
organized group of persons, whether incorporated or not.

(13) (a) Pests means organisms that cause harm to agriculture or natural
lands.

(b) Pests includes insect pests, plant pests, and animal pests, except
rodents, jackrabbits, and predatory animals, and includes plant diseases and weeds.

(c) For purposes of section 35-4-107, the definition of pests does not include
noxious weeds.

(14) Plant diseases means the pathological conditions in plants caused by
fungi, bacteria, viruses, nematodes, mycoplasmas, or parasitic seed plants.

(15) Plant pest means any living stage of a pest that can, directly or
indirectly, cause disease in, spoilage of, or damage to plants, plant parts, or
processed plant materials.

(16) Plant product means unmanufactured material of plant origin that, by
the product's nature, may create a risk for the introduction and spread of pests.

(17) Public nuisance means a plant, plant product, conveyance, premises,
or regulated article that harbors, is infested or infected with, is liable to spread, or
is exposed to a plant pest, communicable or infectious disease, weed, or arthropod
that may cause damage or harm to, or whose eradication, treatment, or control may
benefit, persons, industries, or communities within the state, regardless of whether
it may damage or harm the public generally.

(18) Quarantine means the official confinement of regulated articles for,
regulated pests for, or organisms for inspection, testing, treatment, observation, or
research.

(19) Regulated article means any of the following that could harbor pests:
An organism, a material, a tangible object, or a substance.

(20) Regulated nonquarantine pest means a pest that is:

(a) Present in Colorado; and

(b) Under a mandated control program due to specific local circumstances,
notwithstanding that the pest may be widely distributed in the United States.

(21) Regulated pest means a quarantine pest or a regulated nonquarantine
pest designated by federal or state plant protection officials.

(22) Weed means any destructive or troublesome plant when found to be
of sufficient economic importance to threaten the public welfare or affect natural
resources.

Legislative History

Source: L. 37: p. 643, � 1. CSA: C. 80, � 43. CRS 53: � 6-10-2. L. 56: p. 99, � 1. C.R.S. 1963: � 6-10-2. L. 78: Entire section amended, p. 455, � 1, effective April 27. L. 85: (3.5) and (9) added, (6) amended, and (8) repealed, pp. 1130, 1135, �� 1, 15, effective May 16. L. 2021: Entire section amended, (HB 21-1045), ch. 160, p. 911, � 4, effective September 7.