Colorado § 35-4-109 Emergency disposal of plant material

Colorado Statutes

§ 35-4-109 — Emergency disposal of plant material

Colorado·Title 35 Agriculture·Art. Pest Control

A shipment of any plant
material into Colorado that is found to be in violation of a quarantine declared
pursuant to section 35-4-110 or found to carry exotic pests not previously found in
the United States or pests known to cause high levels of economic damage under
similar conditions of climate and natural habitat in other areas outside this state by
the commissioner may be placed in isolation or quarantine by the commissioner and
shall be completely under the commissioner's control. The owner or bailee shall
comply with all terms of the quarantine, abate such pests as directed by and to the
satisfaction of the commissioner, or remove such shipment from the state within
such time as ordered by the commissioner. Articles not removed from the state as
ordered shall be destroyed b

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A shipment of any plant
material into Colorado that is found to be in violation of a quarantine declared
pursuant to section 35-4-110 or found to carry exotic pests not previously found in
the United States or pests known to cause high levels of economic damage under
similar conditions of climate and natural habitat in other areas outside this state by
the commissioner may be placed in isolation or quarantine by the commissioner and
shall be completely under the commissioner's control. The owner or bailee shall
comply with all terms of the quarantine, abate such pests as directed by and to the
satisfaction of the commissioner, or remove such shipment from the state within
such time as ordered by the commissioner. Articles not removed from the state as
ordered shall be destroyed by the commissioner with no recompense to the owner.
An owner or bailee claiming that the owner's or bailee's shipment of plant material
was destroyed or ordered removed from the state without reasonable justification
may request a hearing on that issue before the commissioner within ten days after
such destruction or order of removal. If it is determined that a shipment of plant
material was destroyed or ordered removed from the state by the commissioner
without reasonable justification and that such action was done arbitrarily and
capriciously, the department shall reimburse such owner or bailee for any losses
suffered.

Colorado § 35-4-109 (Emergency disposal of plant material) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 37: p. 647, � 11. CSA: C. 80, � 53. CRS 53: � 6-10-9. C.R.S. 1963: � 6-10-9. L. 78: Entire section amended, p. 458, � 6, effective April 27. L. 85: Entire section amended, p. 1132, � 6, effective May 16. L. 96: Entire section amended, p. 321, � 2, effective April 16. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 93, � 11, effective August 6.