Colorado § 35-28-106 - Marketing order issued - when.

§ 35-28-106. Marketing order issued - when.

(1) After notice and a hearing, the commissioner may issue a marketing order if the commissioner finds and sets forth in the marketing order that the order will tend to:

(a) Reestablish or maintain prices received by producers for an agricultural commodity at a level that will give to the commodity a purchasing power, with respect to the articles and services that farmers commonly buy, equivalent to the purchasing power of the commodity in the base period. The base period is the period in which the commissioner finds that the volume of production of the commodity was adequate to supply the requirements of consumers of the commodity and the net returns to producers of the commodity were sufficient to provide an adequate standard of living to the farm operator and the farm operator's family.

(b) Approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for such commodity;

(c) Prevent the unreasonable or unnecessary waste of agricultural wealth because of improper preparation of such agricultural commodity for market, lack of uniform grading and inspection, or excessive shipments to markets;

(d) Protect the interests of consumers of such commodity, by exercising the powers of this article only to such extent as is necessary to effectuate the declared purposes of this article;

(e) Eliminate unfair competition.

(2) In making the findings set forth in subsection (1) of this section, the commissioner shall take into consideration all facts available to the commissioner with respect to the following economic factors:

(a) The quantity of such agricultural commodity available for distribution;

(b) The quantity of such agricultural commodity normally required by consumers;

(c) The cost of producing, processing, distributing, and marketing such agricultural commodity as determined by available statistics and surveys;

(d) The purchasing power of consumers as indicated by reports and indices;

(e) The level of prices of commodities, services, and articles which the farmers commonly buy;

(f) The level of prices of other commodities which compete with or are utilized as substitutes for such agricultural commodity.

Source: L. 39: p. 197, § 6. CSA: C. 106, § 51. CRS 53: § 7-3-6. L. 55: p. 148, § 6. C.R.S. 1963: § 7-3-6. L. 69: pp. 113, 114, §§ 5, 6. L. 2025: IP(1), (1)(a), and IP(2) amended, (HB 25-1084), ch. 24, p. 118, § 86, effective August 6.

ANNOTATION

Only one criterion needed for market order. Legislative intent is that any one or more of the four specified criteria in subsection (1) can be found to be in need of accomplishment for the commissioner to issue a market order. Shoenberg Farms, Inc. v. People ex rel. Swisher, 166 Colo. 199, 444 P.2d 277 (1968).

All that is required is that commissioner's findings substantially conform to findings which this section provides as the basis of the marketing order. Shoenberg Farms, Inc. v. People ex rel. Swisher, 166 Colo. 199, 444 P.2d 277 (1968).

And it is neither reasonable nor desirable that marketing order should be predicated solely on information obtained at hearings. Shoenberg Farms, Inc. v. People ex rel. Swisher, 166 Colo. 199, 444 P.2d 277 (1968).