Colorado § 35-36-313 - Unlawful acts - definition.

§ 35-36-313. Unlawful acts - definition.

(1) It is unlawful and a violation of this part 3 for any person to:

(a) Make fraudulent charges or returns for the handling, sale, or storage or for the rendering of any service in connection with the handling, sale, or storage of farm products. Violation of this subsection (1)(a) is a class 6 felony.

(b) Willfully fail or refuse to render a true account of sales or storage or to make a settlement on sales or storage or to pay for farm products received within the time and in the manner required by this part 3. Violation of this subsection (1)(b) is a class 6 felony.

(c) Intentionally make false or misleading statements as to the market conditions for farm products or false or misleading statements as to the condition, quality, or quantity of farm products received, handled, sold, or stored. Violation of this subsection (1)(c) is a class 6 felony.

(d) Engage in fictitious sales, in collusion, or in unfair practices to defraud the owners. Violation of this subsection (1)(d) is a class 6 felony.

(e) Act as a dealer, small-volume dealer, or agent without having obtained a license or act as a dealer without having filed a surety bond or an irrevocable letter of credit, as provided in this part 3. Violation of this subsection (1)(e) is a class 6 felony.

(f) Willfully convert to the person's own use or benefit the farm products of another. Violation of this subsection (1)(f) is theft, as defined in section 18-4-401.

(g) Commit fraud or deception in the procurement or attempted procurement of a license. Violation of this subsection (1)(g) is a class 2 misdemeanor.

(h) Fail to comply with a lawful order of the commissioner concerning the administration of this part 3. Violation of this subsection (1)(h) is a class 2 misdemeanor.

(i) Interfere with or hinder an authorized representative of the commissioner while performing the authorized representative's duties under this part 3. Violation of this subsection (1)(i) is a class 2 misdemeanor.

(j) If licensed as a dealer or small-volume dealer, sell farm products for less than the current market price to any person with whom the dealer has a financial connection, directly or indirectly, either as an owner of the corporate stock of a corporation, as a copartner, or in any other capacity, or sell any farm products out of the purchase price of which the dealer or small-volume dealer receives, directly or indirectly, a portion of the purchase price other than the commission allowed in section 35-36-310. Violation of this subsection (1)(j) is theft, as defined in section 18-4-401.

(k) Act as a dealer, small-volume dealer, or agent and, with intent to defraud, make, draw, utter, or deliver a check, draft, or order for the payment of money upon any bank or other depository to the owner for the purchase price of any farm products or any part of the farm products upon obtaining possession or control of the farm products, when at the time of the making, drawing, uttering, or delivery the maker or drawer has insufficient funds in or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. The making, drawing, uttering, or delivery of the check, draft, or order is prima facie evidence of an intent to defraud. "Credit", as used in this subsection (1)(k), means an arrangement or understanding with the bank or depository for the payment of the check, draft, or order. Violation of this subsection (1)(k) is fraud by check, as defined in section 18-5-205.

(l) If acting as a dealer who has signed an affidavit in accordance with section 35-36-303 (1)(a)(I), fail to make payment in cash or by one of the other means specified in section 35-36-304 (1)(c) for any transaction without first complying with the bonding requirements of section 35-36-304. Violation of this subsection (1)(l) is a class 2 misdemeanor.

(m) If licensed as a small-volume dealer, purchase forty-five thousand dollars' worth or more of farm products in one year from the owner for processing or resale. Violation of this subsection (1)(m) is a class 2 misdemeanor. The commissioner may adjust the threshold amount provided in this subsection (1)(m) by rule pursuant to section 35-36-103 (1)(c).

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 751, § 2, effective June 29. L. 2021: (1)(g), (1)(h), (1)(i), (1)(l), and (1)(m) amended, (SB 21-271), ch. 462, p. 3280, § 634, effective March 1, 2022. L. 2025: (1)(m) amended, (SB 25-176), ch. 218, p. 1003, § 5, effective August 6.

Editor's note: This section is similar to former § 35-37-118 as it existed prior to 2020.

Cross references: For the penalty for a class 6 felony, see § 18-1.3-401; for the penalty for a class 2 misdemeanor, see § 18-1.3-501.

ANNOTATION

Because subsection (1)(e) does not require proof of venue as an element of the offense, the prosecution does not need to establish the venue to prove the offense. People v. Felgar, 58 P.3d 1122 (Colo. App. 2002) (decided under former law).