Colorado § 35-26-105 - Prohibited acts - removal from sale - advisory alerts.
Full text of Colorado Colorado Revised Statutes § 35-26-105 — Prohibited acts - removal from sale - advisory alerts., with citation guidance and answers to common questions.
§ 35-26-105. Prohibited acts - removal from sale - advisory alerts.
(1) A person shall not sell, offer for sale, or distribute:
(a) Nursery stock in a dead or dying condition;
(b) Nursery stock infested or infected with insect pests or plant diseases;
(c) Noxious weeds or nursery stock that is infested with noxious weeds; or
(d) Nursery stock in violation of any other provision of this article 26 or any rules promulgated pursuant to this article 26.
(2) The commissioner or the commissioner's authorized agents shall issue a stop-sale order to any person offering nursery stock for sale in violation of any provision of this article 26 or any rules adopted pursuant to this article 26. A person receiving a stop-sale order shall remove such stock from sale immediately.
(3) Failure to comply with any stop-sale order may result in penalties as set forth in section 35-26-109.
(4) If the commissioner makes a finding, after notice and opportunity for a hearing, that substandard plant material is being sold by a nursery outside of Colorado to any nursery in this state, the commissioner may ban any products from said nursery from sale or distribution in Colorado and any further shipments of nursery stock from said nursery may be seized and destroyed. Upon such banning, the commissioner shall issue an alert to all persons registered under this article setting forth the commissioner's finding and advising registrants that the purchase of plant material from such offending nursery constitutes a violation of this article.
Source: L. 71: R&RE, p. 145, § 1. C.R.S. 1963: § 6-15-5. L. 83: (1) and (2) amended, p. 1362, § 4, effective July 1. L. 91: (1)(b) amended and (3) and (4) added, p. 153, § 7, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, § 5, effective August 8. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 114, § 76, effective August 6.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 35-26-105
What does Colorado Revised Statutes § 35-26-105 cover?
Section 35-26-105 ("Prohibited acts - removal from sale - advisory alerts.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 35-26-105?
A common citation format is "Colorado Revised Statutes § 35-26-105" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 35-26-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.