Colorado § 35-4-111 Inspections - certificates - remedial measures

Colorado Statutes

§ 35-4-111 — Inspections - certificates - remedial measures

Colorado·Title 35 Agriculture·Art. Pest Control

(1)Should any owner or bailee request an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection and shall charge the owner or bailee adequate fees to cover the cost of such inspections and certificates. The commissioner has authority to impound and prohibit movement, sale, or disposal of such crops, plant material, or other articles until such fees are paid. The release of such crops, plant material, or other articles shall also be dependent on meeting all inspection requirements.

(2)The commissioner may conduct inspections and issue phytosanitary and export certificates on plants for individual shipment to other states or foreign countries i

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(1) Should any
owner or bailee request an inspection of crops, plant material, or other articles or
premises for pests, the commissioner shall provide such inspection and issue a
certificate setting forth the facts of said inspection and shall charge the owner or
bailee adequate fees to cover the cost of such inspections and certificates. The
commissioner has authority to impound and prohibit movement, sale, or disposal of
such crops, plant material, or other articles until such fees are paid. The release of
such crops, plant material, or other articles shall also be dependent on meeting all
inspection requirements.

(2) The commissioner may conduct inspections and issue phytosanitary and
export certificates on plants for individual shipment to other states or foreign
countries if those plants comply with the requirements or regulations of such state
or foreign country. The commissioner may collect inspection and certification fees,
in an amount established by the agricultural commission, to cover the direct and
indirect costs of providing such services. All fees collected pursuant to this section
shall be transmitted to the state treasurer, who shall credit the same to the plant
health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered
balance of the phytosanitary inspection fund, as that fund existed prior to July 1,
2009, shall be transferred to the plant health, pest control, and environmental
protection cash fund.

(3) The commission may enter into compliance agreements with producers
and distributors of nursery stock, agricultural crops, and other plant materials for
the purpose of certifying such plant materials as pest-free for export certification.
At any time after entering into such an agreement, if the commissioner has reason
to believe that the producer or distributor of the plant material that is the subject of
the agreement has failed to comply with all of the terms of the agreement, the
commissioner may terminate the agreement by giving the producer or distributor
written notice of such termination and the grounds therefor.

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Legislative History

Source: L. 37: p. 648, � 13. CSA: C. 80, � 55. CRS 53: � 6-10-11. C.R.S. 1963: � 6-10-11. L. 78: Entire section amended, p. 459, � 7, effective April 27. L. 85: Entire section amended, p. 1134, � 9, effective May 16. L. 2007: Entire section amended, p. 927, � 5, effective July 1. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 315, � 3, effective July 1.