C.R.S. Section 35-4-109
Emergency disposal of plant material

Any shipment of any plant material into Colorado when found to be in violation of a quarantine declared pursuant to section 35-4-110 or when 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 therefor to the owner. Any owner or bailee claiming that his or her 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 of agriculture shall reimburse such owner or bailee for any losses suffered.

Source: Section 35-4-109 — Emergency disposal of plant material, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-35.pdf (accessed Dec. 24, 2024).

35–4–101
Short title 35–4–101.5
Legislative declaration 35–4–102
Definitions 35–4–103
Administration 35–4–104
County pest inspectors 35–4–105
Compensation 35–4–106
County pest inspectors - examination of applicants 35–4–107
Inspections - notice - treatment - collection of costs 35–4–108
Unlawful to transport pests 35–4–109
Emergency disposal of plant material 35–4–110
Quarantine and control of pests - rules 35–4–110.5
Declaration of quarantine emergency 35–4–111
Inspections - certificates - remedial measures 35–4–112
Right of entry 35–4–113
Authority of commissioner to enter into agreements 35–4–113.5
Delegation of duties 35–4–114
Penalties 35–4–114.5
Civil penalties 35–4–116
Rules and regulations 35–4–117
County pest inspectors - weed and rodent control 35–4–118
Voluntary agreements to provide pest services 35–4–119
Joint phytosanitary program 35–4–120
Quarantine of nonregulated pests 35–4–121
Emergency control and eradication of invasive pests

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Current through Fall 2025

§ 35-4-109’s source at colorado.gov

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Location: https://colorado.public.law/statutes/crs_35-4-109

Original Source: Section 35-4-109 — Emergency disposal of plant material, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-35.pdf (last accessed Mar. 28, 2025).