Colorado § 24-1-123 - Department of agriculture - creation.

§ 24-1-123. Department of agriculture - creation.

(1) There is hereby created a department of agriculture, the head of which shall be the commissioner of agriculture.

(2) The state agricultural commission, created in article 1 of title 35, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of agriculture.

(3) The state department of agriculture and the office of commissioner of agriculture, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105.

(4) The department of agriculture consists of the following divisions:

(a) The division of markets, the head of which is the director of the division of markets. The division of markets and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.

(b) The division of plant industry, the head of which is the director of the division of plant industry. The division of plant industry and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.

(c) (I) The division of animal health, the head of which is the director of the division of animal health. The division of animal health and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.

(II) The state bureau of animal protection, created in article 42 of title 35. The state bureau of animal protection is a type 2 entity, as defined in section 24-1-105. The state bureau of animal protection exercises its powers and performs its duties and functions under the department of agriculture and is allocated to the division of animal welfare as a section of the department.

(d) The administrative services division, the head of which is the director of the administrative services division. The division of administrative services and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.

(e) The division of inspection and consumer services, the head of which is the director of the division of inspection and consumer services. The division of inspection and consumer services and the office of the director thereof, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.

(f) Repealed.

(g) (I) The division of brand inspection, the head of which is the brand commissioner. The state board of stock inspection commissioners and the office of brand commissioner, created in article 41 of title 35, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture as a part of the division of brand inspection.

(II) and (III) Repealed.

(g.5) The division of animal welfare, the head of which is the director of the division of animal welfare. The division of animal welfare and the office of the director of the division of animal welfare, created in article 1 of title 35, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of agriculture.

(h) (I) The Colorado state fair authority, the head of which is the manager of the Colorado state fair and industrial exposition. The Colorado state fair authority and the office of the manager of the Colorado state fair and industrial exposition, created in part 4 of article 65 of title 35, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as a division of the department of agriculture.

(II) The Colorado state fair authority includes the board of commissioners of the Colorado state fair authority, created in part 4 of article 65 of title 35. The board of commissioners of the Colorado state fair authority is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of agriculture as a part of the Colorado state fair authority.

(i) The state conservation board, created in article 70 of title 35. The state conservation board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of agriculture as a division thereof. The employees of the state conservation board appointed pursuant to section 35-70-103 are transferred to the department of agriculture.

(5) The Colorado wine industry development board, created in article 29.5 of title 35, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of agriculture.

(6) The aquaculture board, created in article 24.5 of title 35, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of agriculture and the commissioner thereof.

(7) The Colorado agricultural value-added development board, created in section 35-75-203, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department.

Source: L. 68: p. 87, § 23. L. 69: pp. 121, 122, §§ 1, 5. C.R.S. 1963: § 3-28-23. L. 71: p. 162, § 7. L. 75: (4)(g)(III) amended, p. 1362, § 2, effective November 1. L. 83: (4)(f) repealed, p. 1374, § 19, effective June 2. L. 90: (5) added, p. 1604, § 6, effective July 1. L. 91: (6) added, p. 200, § 6, effective June 7. L. 93: (4)(g)(II) and (4)(g)(III) repealed, pp. 1855, 1846, §§ 3, 2, effective July 1. L. 97: (4)(h) added, p. 819, § 14, effective June 30. L. 2000: (4)(i) added, p. 558, § 7, effective July 1. L. 2001: (7) added, p. 623, § 1, effective May 30. L. 2002: (4)(i) amended, p. 513, § 2, effective July 1. L. 2022: (2), (3), IP(4), (4)(a), (4)(b), (4)(c), (4)(d), (4)(e), (4)(g)(I), (4)(h), (4)(i), (5), (6), and (7) amended, (SB 22-162), ch. 469, p. 3399, § 144, effective August 10. L. 2024: (4)(c)(II) amended and (4)(g.5) added, (HB 24-1458), ch. 288, p. 1928, § 1, effective August 7.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

ANNOTATION

The brand inspection division is considered to be an arm of the state for eleventh amendment immunity purposes, because it is part of the department of agriculture and is thus subject to control by state officials. Colby v. Herrick, 849 F.3d 1273 (10th Cir. 2017).