Colorado § 35-4-102 - Definitions.

§ 35-4-102. Definitions.

As used in this article 4, unless the context otherwise requires:

(1) "Board of county commissioners" means the public officials duly elected to that public office or their designated agents.

(2) "Commission" means the state agricultural commission created in section 35-1-105.

(3) "Commissioner" means the commissioner of agriculture or the commissioner's designated agents.

(4) "County pest inspector" means any qualified employee of a board of county commissioners employed under this article 4.

(5) "Department" means the department of agriculture.

(6) "Eradicate" means the complete elimination of a pest and its parts capable of reproduction based on its absence.

(7) "Insect pests" means any of the small invertebrate animals in the phylum arthropoda that are injurious to plants and animals.

(8) "Joint phytosanitary program" means a federal program designed to recognize a state official control program to eradicate or contain a plant pest that is not regulated by the lead federal agency and affords equivalent protection at ports of entry for the same pest if the states where it is destined are under official control.

(9) "Local government" means a county, municipality, city and county, or pest control district.

(10) "Official control" means official actions taken by a plant pest regulatory agency to eradicate or suppress a plant pest with the goal of eliminating isolated plant pest infestations.

(11) "Permit" means a document prepared by the commissioner that authorizes the movement of regulated articles that cannot meet official quarantine requirements to a specified destination for specialized handling, utilization, or processing or for treatment.

(12) "Person" means any individual, partnership, association, corporation, or organized group of persons, whether incorporated or not.

(13) (a) "Pests" means organisms that cause harm to agriculture or natural lands.

(b) "Pests" includes insect pests, plant pests, and animal pests, except rodents, jackrabbits, and predatory animals, and includes plant diseases and weeds.

(c) For purposes of section 35-4-107, the definition of pests does not include noxious weeds.

(14) "Plant diseases" means the pathological conditions in plants caused by fungi, bacteria, viruses, nematodes, mycoplasmas, or parasitic seed plants.

(15) "Plant pest" means any living stage of a pest that can, directly or indirectly, cause disease in, spoilage of, or damage to plants, plant parts, or processed plant materials.

(16) "Plant product" means unmanufactured material of plant origin that, by the product's nature, may create a risk for the introduction and spread of pests.

(17) "Public nuisance" means a plant, plant product, conveyance, premises, or regulated article that harbors, is infested or infected with, is liable to spread, or is exposed to a plant pest, communicable or infectious disease, weed, or arthropod that may cause damage or harm to, or whose eradication, treatment, or control may benefit, persons, industries, or communities within the state, regardless of whether it may damage or harm the public generally.

(18) "Quarantine" means the official confinement of regulated articles for, regulated pests for, or organisms for inspection, testing, treatment, observation, or research.

(19) "Regulated article" means any of the following that could harbor pests: An organism, a material, a tangible object, or a substance.

(20) "Regulated nonquarantine pest" means a pest that is:

(a) Present in Colorado; and

(b) Under a mandated control program due to specific local circumstances, notwithstanding that the pest may be widely distributed in the United States.

(21) "Regulated pest" means a quarantine pest or a regulated nonquarantine pest designated by federal or state plant protection officials.

(22) "Weed" means any destructive or troublesome plant when found to be of sufficient economic importance to threaten the public welfare or affect natural resources.

Source: L. 37: p. 643, § 1. CSA: C. 80, § 43. CRS 53: § 6-10-2. L. 56: p. 99, § 1. C.R.S. 1963: § 6-10-2. L. 78: Entire section amended, p. 455, § 1, effective April 27. L. 85: (3.5) and (9) added, (6) amended, and (8) repealed, pp. 1130, 1135, §§ 1, 15, effective May 16. L. 2021: Entire section amended, (HB 21-1045), ch. 160, p. 911, § 4, effective September 7.

Cross references: For control of rodents, jackrabbits, and predatory animals, see article 7 of this title 35.