Organic Certification Act

C.R.S. tit. 35, art. 11.5
in effect

C.R.S. § 35-11.5-101 Short title

35-11.5-101. Short title. This article shall be known and may be cited as the "Organic Certification Act".

C.R.S. § 35-11.5-102 Legislative declaration

35-11.5-102. Legislative declaration. The general assembly declares that the purpose of this article is to provide a means for the general public to recognize and purchase organically grown agricultural products and to assist Colorado producers in the marketing of such products. The general assembly further declares that uniformity in labeling will protect both consumers and producers by providing assurance of compliance with recognized production standards.

C.R.S. § 35-11.5-103 Definitions

35-11.5-103. Definitions. As used in this article, unless the context otherwise requires: (1) (a) "Agricultural products" means any agricultural, horticultural, floricultural, viticultural, or vegetable product grown or produced. (b) Nothing in paragraph (a) of this subsection (1), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a floricultural operation. (2) "Commissioner" means the commissioner of agriculture. (3) "Department" means the department of agriculture. (4) to (7) Repealed. (8) "Secretary" means the United States secretary of agriculture or a representative to whom authority has been delegated to act in the secretary's stead. (9) "State organic certification program" or "state certification" means the program that implements 7 U.S.C. sec. 6501 et seq. and 7 CFR 205 in Colorado in order that the state certify organic producers pursuant to 7 U.S.C. sec. 6507.

C.R.S. § 35-11.5-104 Rules

35-11.5-104. Rules. (1) To carry out the provisions of this article, the commissioner shall adopt appropriate rules pursuant to section 24-4-103, C.R.S., concerning the following: (a) Fees to fund all direct and indirect costs of the administration and implementation of this article; (b) to (i) Repealed. (j) The provisions of 7 U.S.C. sec. 6501 et seq. and 7 CFR 205, applicable to the certification of organic producers; (k) Confidentiality of information and documents pursuant to section 35-11.5-105 (4); (l) Establishment of minimum standards for the qualification of individuals who are authorized to make inspections as agents of the commissioner under this article and who are not employees of the department.

C.R.S. § 35-11.5-105 Delegation of duties - inspections - cooperative agreements - confidentiality

35-11.5-105. Delegation of duties - inspections - cooperative agreements - confidentiality. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department. (b) Inspections conducted under the state organic certification program may be performed by the commissioner or the commissioner's authorized agents. (2) The department may receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions. (3) The department and the commissioner shall coordinate with the secretary to implement the state organic certification program pursuant to this article. (4) The commissioner and the commissioner's authorized representative shall maintain strict client confidentiality under the organic certification program and shall not disclose to third parties any business-related information concerning any client obtained while implementing this article; except that the secretary shall have access to such information and the following information shall be made available to the public: (a) Certificates issued during the current calendar year and the three immediately preceding calendar years; (b) A list of producers and handlers whose operations have been certified during the current calendar year and the three immediately preceding calendar years, including for each the name of the operation, type of operation, products produced, and the effective date of the certification; (c) The results of laboratory analyses for residues of pesticides and other prohibited substances conducted during the current calendar year and the three immediately preceding calendar years; and (d) Other business information as permitted in writing by the producer or handler.

C.R.S. § 35-11.5-106 Organic producer certification required

35-11.5-106. Organic producer certification required. (Repealed)

C.R.S. § 35-11.5-107 Organic producer certification - application - fees

35-11.5-107. Organic producer certification - application - fees. (Repealed)

C.R.S. § 35-11.5-110 Administration and enforcement

35-11.5-110. Administration and enforcement. (Repealed)

C.R.S. § 35-11.5-111 Denial - suspension - revocation

35-11.5-111. Denial - suspension - revocation. (Repealed)

C.R.S. § 35-11.5-113 Organic certification fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees

35-11.5-113. Organic certification fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) All fees and penalties collected pursuant to this article 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 organic certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund. (2) (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 318, § 10, effective July 1, 2009.)

C.R.S. § 35-11.5-114 Advisory board

35-11.5-114. Advisory board. (1) Effective July 1, 2010, for the purpose of assisting the commissioner in formulating rules for carrying out the provisions of this article, there is hereby created an organic certification advisory board, to be composed of twelve members appointed by the commissioner, as follows: Nine shall represent certified organic operations; one shall be a consumer representing the general public; one shall be a representative from the Colorado cooperative extension service; and one shall be a representative from the Colorado agricultural experiment station. The nine advisory board members representing certified organic operations shall represent the following four categories of organic certification, in proportion to the number of organic operations certified in each category: (a) Crop production; (b) Livestock production; (c) Processing/handling; and (d) Wild crop handling. (2) The members of the organic certification advisory board shall serve terms of three years and may be reappointed. (3) Members of the advisory board shall receive no compensation but shall be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of such board. (4) (Deleted by amendment, L. 93, p. 675, § 11, effective May 1, 1993.)

C.R.S. § 35-11.5-115 Liability

35-11.5-115. Liability. The state assumes no liability for persons who misrepresent any agricultural product under the authority of this article.

C.R.S. § 35-11.5-116 Accreditation

35-11.5-116. Accreditation. The commissioner shall seek accreditation from the secretary and shall create and submit a plan for the establishment of a state organic certification program to the secretary for approval pursuant to 7 U.S.C. sec. 6507.

C.R.S. § 35-11.5-117 Conflict with federal law

35-11.5-117. Conflict with federal law. If the secretary or a court of competent jurisdiction determines that there is a conflict between this article and any provisions of the federal "Organic Foods Production Act of 1990", 7 U.S.C. sec. 6501 et seq. or 7 CFR 205, the provisions of the federal act and rules shall control, and the commissioner shall perform the duties and discharge the obligations contained in the federal act. If such a determination is made, the commissioner shall submit a report to the general assembly explaining the conflict.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-35.docxFetched: 10/6/2026

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