§ 35-4-110 — Quarantine and control of pests - rules

(1) Whenever the
commissioner finds any portion of the state to be affected with exotic pests not
previously found in the United States, pests known to cause high levels of economic
damage under similar conditions of climate and natural habitat in other areas
outside this state, or pests which are known to have caused high levels of economic
damage in the past within this state and in the commissioner's judgment plants or
plant parts, whether living or dead, domestic animals, or other objects from the
district affected would be liable to spread the pests into other sections of the state
to the injury of others, the commissioner, after a hearing conducted pursuant to
section 24-4-103, C.R.S., may declare a quarantine against such section or portion
of the state to prevent the transfer of carriers of such pests from the quarantined
area.

(2) Whenever it is ascertained that exotic pests not previously found in the
United States, pests known to cause high levels of economic damage under similar
conditions of climate and natural habitat in other areas outside this state, or pests
which are known to have caused high levels of economic damage in the past within
this state are likely to be introduced into Colorado by the importation of plants or
plant parts, whether living or dead, domestic animals, or other objects, the
commissioner, after a hearing conducted pursuant to section 24-4-103, C.R.S., may
declare a quarantine against the importation into Colorado of such pest carriers.

(3) The commissioner is authorized, pursuant to the provisions of this article,
to apply such control or eradication measures as may be necessary to prevent the
migration of exotic pests not previously found in the United States, pests known to
cause high levels of economic damage under similar conditions of climate and
natural habitat in other areas outside the state, or pests known to have caused high
levels of economic damage in the past within this state that threaten to become
established in this state and that endanger agricultural or horticultural industries in
this state. The actual costs to offset the cash funds expended for services
performed by the commissioner in imposing the quarantine and such control or
eradication measures shall be recovered from the producers of any crop protected
by such quarantine pursuant to rules promulgated by the commissioner. If the
governor declares an emergency pursuant to section 35-4-110.5, the
commissioner's costs may be recovered from the disaster emergency fund, created
in section 24-33.5-706, C.R.S. The commissioner is authorized to accept assistance,
services, facilities, and grants tendered by federal or local governmental units or
other persons.

Legislative History

Source: L. 37: p. 647, � 12. CSA: C. 80, � 54. CRS 53: � 6-10-10. C.R.S. 1963: � 6-10-10. L. 85: Entire section amended, p. 1132, � 7, effective May 16. L. 96: Entire section amended, p. 321, � 3, effective April 16. L. 2007: (3) amended, p. 926, � 4, effective July 1. L. 2013: (3) amended, (HB 13-1300), ch. 316, p. 1697, � 106, effective August 7.