Colorado § 35-28-121 - General provisions.

§ 35-28-121. General provisions.

(1) In the event the commissioner finds that it tends to effectuate the declared purposes of this article within the standards prescribed in this article, the commissioner may issue a marketing order, applicable to the marketing of any agricultural commodity containing like terms, provisions, methods, and procedures as any license or order regulating the marketing of such commodity issued by the secretary of agriculture of the United States pursuant to the provisions of any law or laws of the United States. In selecting the members of any board or other advisory agency under such marketing order, the commissioner shall utilize, insofar as practicable, the same persons as those serving in a similar capacity under such federal license or order, so as to avoid duplicating or conflicting personnel.

(2) The commissioner may confer with and cooperate with the legally constituted authorities of other states and of the United States for the purpose of obtaining uniformity in the administration of federal and state marketing regulations, licenses, or orders. The commissioner may conduct joint hearings and issue joint or concurrent marketing orders for the purposes and within the standards set forth in this article 28, and the commissioner may exercise any administrative authority prescribed by this article 28 to effect such uniformity of administration and regulation.

(3) Nothing in this article applies to any order, rule, or regulation issued or issuable by the public utilities commission with respect to the operation of common carriers.

(4) In any civil or criminal action or proceeding for violation of any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with the provisions of this article or a marketing order issued under this article and in furtherance of the purposes and provisions of this article shall be a complete defense to such action or proceeding.

Source: L. 39: p. 208, § 16. CSA: C. 106, § 61. L. 53: p. 118, § 4. CRS 53: § 7-3-21. L. 55: p. 151, § 11. L. 61: p. 167, § 1. L. 62: p. 124, § 1. L. 63: p. 165, § 1. C.R.S. 1963: § 7-3-21. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 121, § 93, effective August 6.