Colorado § 35-12-104 - Registration.

§ 35-12-104. Registration.

(1) Each product shall be registered by the person whose name appears on the label before being distributed in, into, or for use in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner and shall be accompanied by a fee established by the commission. For each fiscal year, commencing on July 1, fifty percent of the department's direct and indirect costs of administering and enforcing this article shall be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund. All registrations shall expire annually on the date specified by rule of the commissioner. Applications for renewal of registrations must be submitted on or before such date. Each application for registration or renewal of registration shall include the following information:

(a) The name and address of the registrant;

(b) The name of the product;

(c) The grade, if a commercial fertilizer;

(d) The guaranteed analysis;

(e) The sources from which the guaranteed plant nutrients, soil conditioner, or plant amendment derive; and

(f) One copy of the label used in this state for the sale of each of the products being registered.

(1.5) Repealed.

(2) The registration requirements of subsection (1) of this section shall not apply to custom mix fertilizers, untreated manure, or compost and treated manures that are distributed without commercial fertilizer, plant amendment, or soil conditioner labeling claims.

(3) The commissioner may require proof of labeling statements and other claims made for any commercial fertilizer, soil conditioner, or plant amendment before approving any registration. If the registrant makes no claims, the commissioner may require proof of the usefulness and value of the commercial fertilizer, soil conditioner, or plant amendment. As evidence of proof, the commissioner may rely on experimental data, evaluations, or advice furnished by experts such as Colorado state university and may accept or reject additional sources of proof in evaluating any commercial fertilizer, soil conditioner, or plant amendment. In all cases, only experimental proof shall relate to those conditions in Colorado for which use the product is intended.

(4) Commercial fertilizer shall contain the minimum stipulated quantities of plant nutrients required by rules promulgated by the commissioner.

(5) The commissioner may stipulate by rule the quantities of active substances required in soil conditioners or plant amendments to be sold or distributed for use in this state.

(6) No commercial fertilizer, soil conditioner, or plant amendment shall be sold or distributed for use in this state without a current registration. Any person who fails to renew the registration of commercial fertilizer, soil conditioner, or plant amendment on or before the expiration date of the registration shall pay a late fee, as established by the commission, in addition to the registration fee.

(7) Each manufacturing facility that produces custom mixes in this state must be registered. All registrations shall expire annually on the date specified by rule of the commissioner. Applications for renewal of registrations must be submitted on or before such date.

(8) (a) Each manufacturing facility in this state producing compost that is distributed without commercial fertilizer, plant amendment, or soil conditioner claims shall register with the commissioner unless exempted by rule of the commissioner.

(b) The application for registration shall be submitted to the commissioner on forms furnished by the commissioner and shall be accompanied by a fee established by the commission. Any person who fails to renew said manufacturing facility registration shall pay a late fee, as established by the commission, in addition to the registration fee.

(c) At the time of registration, each manufacturing facility shall submit copies of all labels that will be affixed to or accompany the compost products it distributes.

Source: L. 71: R&RE, p. 136, § 1. C.R.S. 1963: § 6-13-4. L. 77: Entire section R&RE, p. 1585, § 3, effective July 1. L. 96: (2) and (3) repealed, p. 102, § 2, effective March 20. L. 98: (1.5) added, p. 1341, § 64, effective June 1. L. 2003: IP(1) and (7) amended, p. 1725, § 5, effective May 14. L. 2005: IP(1) and (7) amended, p. 1268, § 6, effective July 1. L. 2007: IP(1) and (7) amended, p. 1903, § 4, effective July 1. L. 2008: Entire article amended, p. 1613, § 1, effective August 5. L. 2010: IP(1) amended and (1.5) added, (HB 10-1377), ch. 212, p. 921, § 1, effective May 6. L. 2013: IP(1) amended, (HB 13-1300), ch. 316, p. 1697, § 107, effective August 7.

Editor's note: Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2012. (See L. 2010, p. 921.)

ANNOTATION

This section relates only to commercial fertilizer or soil amendments. Durfee & Son v. Dept. of Agriculture, 151 Colo. 149, 376 P.2d 685 (1962).