C.R.S. Section 35-26-105
Prohibited acts

removal from sale
advisory alerts

(1)

A person shall not sell, offer for sale, or distribute:

(a)

Nursery stock in a dead or dying condition;

(b)

Nursery stock infested or infected with insect pests or plant diseases;

(c)

Noxious weeds or nursery stock that is infested with noxious weeds; or

(d)

Nursery stock in violation of any other provision of this article 26 or any rules promulgated pursuant to this article 26.

(2)

The commissioner or his authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this article or any rules or regulations promulgated pursuant to this article. Any person receiving a stop-sale order shall remove such stock from sale immediately.

(3)

Failure to comply with any stop-sale order may result in penalties as set forth in section 35-26-109.

(4)

If the commissioner makes a finding, after notice and opportunity for a hearing, that substandard plant material is being sold by a nursery outside of Colorado to any nursery in this state, the commissioner may ban any products from said nursery from sale or distribution in Colorado and any further shipments of nursery stock from said nursery may be seized and destroyed. Upon such banning, the commissioner shall issue an alert to all persons registered under this article setting forth the commissioner’s finding and advising registrants that the purchase of plant material from such offending nursery constitutes a violation of this article.

Source: Section 35-26-105 — Prohibited acts - removal from sale - advisory alerts, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-35.pdf (accessed Dec. 24, 2024).

35–26–101
Short title 35–26–101.5
Legislative declaration 35–26–102
Definitions 35–26–103
Inspections 35–26–104
Labeling - rules 35–26–105
Prohibited acts - removal from sale - advisory alerts 35–26–106
Registration - plant health, pest control, and environmental protection cash fund - fees - rules 35–26–108
Access to locations and records - administrative subpoena - complaints and investigations 35–26–109
Penalties 35–26–110
Out-of-state nurseries 35–26–111
Rules and regulations 35–26–112
Delegation of duties 35–26–113
Bodies politic 35–26–114
Enforcement

Up to date

Current through Fall 2025

§ 35-26-105’s source at colorado.gov

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Location: https://colorado.public.law/statutes/crs_35-26-105

Original Source: Section 35-26-105 — Prohibited acts - removal from sale - advisory alerts, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-35.pdf (last accessed Mar. 28, 2025).

C.R.S. Section 35-26-105 Prohibited acts

(1)

(a)

(b)

(c)

(d)

(2)

(3)

(4)

C.R.S. Section 35-26-105
Prohibited acts