C.R.S. Section 42-20-108.5
Materials used for agricultural production

  • exemption
  • legislative declaration

(1)

The general assembly hereby finds, determines, and declares that the federal government has extended federal hazardous materials rules to agricultural producers in 49 CFR 173.5 in a way that would be unduly burdensome to agriculture without contributing significantly to public safety. The general assembly further finds, determines, and declares that the federal rules give explicit authority to the states to exempt themselves from the federal rules, and that this section is intended to exempt Colorado agriculture from such rules. The general assembly further finds, determines, and declares that it is imperatively necessary for the chief to adopt the rules required by this section in time to meet the deadline imposed by the federal rules.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Agricultural product” means a hazardous material, other than hazardous waste, whose end use directly supports the production of an agricultural commodity including, but not limited to, a fertilizer, pesticide, soil amendment, or fuel. An agricultural product is limited to a material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as set forth in 49 CFR parts 172 and 173.

(b)

“Farmer” means a person or such person’s agent or contractor engaged in the production or raising of crops, poultry, or livestock.

(3)

The transportation of an agricultural product other than a class 2 material, as such term is used in 49 CFR parts 172 and 173, over local roads between fields of the same farm, is excepted from the requirements of this part 1 when it is transported by a farmer who is an intrastate private motor carrier and the movement of the agricultural product conforms to rules of the chief, in consultation with the department of agriculture regarding such movement. The chief shall, in consultation with the director of the department of agriculture, promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the intrastate transportation of agricultural products.

(4)

The transportation of an agricultural product to or from a farm, within one hundred fifty miles of such farm, is excepted from the emergency response information and training requirements in subparts G and H of 49 CFR part 172, and this article when:

(a)

It is transported by a farmer who is an intrastate private motor carrier;

(b)

The total amount of agricultural product being transported on a single vehicle does not exceed:

(I)

Seven thousand three hundred kilograms or sixteen thousand ninety-four pounds of ammonium nitrate fertilizer properly classed as division 5.1.PG III in a bulk packaging; or

(II)

One thousand nine hundred liters or five hundred two gallons for liquids or gasses, or two thousand three hundred kilograms or five thousand seventy pounds for solids of any other agricultural product;

(c)

The packaging conforms to rules adopted by the chief in consultation with the department of agriculture. Such rules shall be adopted by September 30, 1998. Such products are hereby authorized for transportation.

(d)

Each person having any responsibility for transporting the agricultural product for shipment pursuant to this subsection (4) is instructed in the applicable requirements of this section.

(5)

The rules and regulations adopted by the chief pursuant to this section shall be no more stringent than the federal statutes or regulations require.

(6)

Any rules and regulations required to be adopted by the chief pursuant to this section shall be promulgated no later than September 30, 1998. If the chief finds that such rules cannot be promulgated by that date pursuant to the regular rule-making process set forth in section 24-4-103, C.R.S., the chief shall adopt temporary or emergency rules pursuant to section 24-4-103 (6), C.R.S.

(7)

The chief shall send a copy of the notification of proposed rule-making for rules adopted pursuant to this section, including temporary or emergency rule-making sent pursuant to section 24-4-103 (3)(b), C.R.S., to the office of legislative legal services.

Source: Section 42-20-108.5 — Materials used for agricultural production - exemption - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑20‑101
Short title 42‑20‑102
Legislative declaration 42‑20‑103
Definitions 42‑20‑104
General powers and duties of chief - department of public safety - cooperation from other state agencies 42‑20‑105
Enforcement 42‑20‑106
Regulatory authority of local governments - preemption - disposition of local fines and penalties 42‑20‑107
Hazardous materials safety fund 42‑20‑108
Rules and regulations for transportation of hazardous materials 42‑20‑108.5
Materials used for agricultural production - exemption - legislative declaration 42‑20‑109
Penalty for violations 42‑20‑110
Immobilization of unsafe vehicles 42‑20‑111
Additional penalties 42‑20‑112
Reimbursement of local governments 42‑20‑113
Hazardous materials spill - abandonment of vehicle containing hazardous material - penalty - definition 42‑20‑201
Hazardous materials transportation permit required 42‑20‑202
Transportation permit - application fee - rules 42‑20‑203
Carrying of permit and shipping papers 42‑20‑204
Permit violations - penalties 42‑20‑205
Permit suspension or revocation - rules 42‑20‑206
Local government preemption 42‑20‑300.3
Definitions 42‑20‑301
Route designation 42‑20‑302
Application for route designation - procedure - approval 42‑20‑303
Road signs required - uniform standards 42‑20‑304
Emergency closure of public roads 42‑20‑305
Deviation from authorized route - penalty 42‑20‑401
Legislative declaration 42‑20‑402
Definitions 42‑20‑403
Chief to promulgate rules and regulations - motor vehicles 42‑20‑404
Inspections 42‑20‑405
Violations - criminal penalties - definition 42‑20‑406
Violations - civil penalties - motor vehicles 42‑20‑407
Repeat violations - civil penalties 42‑20‑408
Compliance orders - penalty 42‑20‑501
Nuclear materials transportation permit required - application 42‑20‑502
Permits - fees 42‑20‑503
Carrying of shipping papers 42‑20‑504
Rules and regulations 42‑20‑505
Penalties - permit system 42‑20‑506
Permit suspension and revocation 42‑20‑507
Local government preemption 42‑20‑508
Route designation - motor vehicles 42‑20‑509
Strict liability for nuclear incidents 42‑20‑510
Statute of limitations 42‑20‑511
Nuclear materials transportation fund
Green check means up to date. Up to date

Current through Fall 2024

§ 42-20-108.5’s source at colorado​.gov