Colorado § 35-28-105 - Administration of article - public hearings.

§ 35-28-105. Administration of article - public hearings.

(1) The commissioner of agriculture shall administer and enforce the provisions of this article and shall have all of the administrative powers conferred upon the head of a department of the state. In order to effectuate the declared purposes of this article, the commissioner of agriculture is authorized to issue, administer, and enforce the provisions of marketing orders.

(2) Whenever the commissioner has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article 28 with respect to an agricultural commodity, either upon the commissioner's own motion or upon application of any producer or handler of such commodity, the commissioner shall give due notice of and an opportunity for a public hearing upon a proposed marketing order.

(3) Due notice of a hearing called for the purpose described in subsection (2) of this section shall be given to all persons who may be directly affected by an action of the commissioner taken pursuant to this article 28 and whose names appear upon lists to be filed by the agricultural industry with the commissioner. Such hearing shall be open to the public. All testimony shall be received under oath and a full and complete record of all proceedings at any such hearing shall be made and filed by the commissioner at the commissioner's office.

(4) In order to effectuate the declared policy of this article 28, the commissioner has the power, after due notice and opportunity for hearing, to enter into marketing agreements with processors, distributors, handlers, producers, and others engaged in the handling of an agricultural commodity and the regulating of the preparation, sale, and handling of such agricultural commodity. Any such marketing agreement is binding upon the signatories to the marketing agreement exclusively. The execution of such marketing agreement in no matter affects the issuance, administration, or enforcement of a marketing order provided for in this article 28. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same commodity. The commissioner, at the commissioner's discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order in the manner provided for giving due notice and opportunity for hearing for a marketing order as provided in this article 28.

Source: L. 39: p. 196, § 5. CSA: C. 106, § 50. L. 53: p. 116, § 2. CRS 53: § 7-3-5. L. 55: p. 148, § 5. C.R.S. 1963: § 7-3-5. L. 69: p. 113, § 4. L. 2025: (2), (3), and (4) amended, (HB 25-1084), ch. 24, p. 117, § 85, effective August 6.

ANNOTATION

There is nothing in agricultural marketing act which requires that marketing order be drafted at or following public hearing. Shoenberg Farms, Inc. v. People ex rel. Swisher, 166 Colo. 199, 444 P.2d 277 (1968).

Whether particular marketing order is reasonable and adapted to objects sought to be accomplished, must be determined on factual considerations. Swisher v. Brown, 157 Colo. 378, 402 P.2d 621 (1965).

Marketing agreements and orders are to be issued and administered separately, neither being a prerequisite to the other. Shoenberg Farms, Inc. v. People ex rel. Swisher, 166 Colo. 199, 444 P.2d 277 (1968).