8 Colo. Code Regs. § 1203-13, pt. 3

Current through Register Vol. 48, No. 1, January 10, 2025

Part 3 - RULES PERTAINING TO THE QUARANTINE FOR LATE BLIGHT

3.1. Reinspection

3.1.1. Any person who receives imported seed potatoes shall notify the Department whenever a load of imported seed potatoes arrives. This notification may be accomplished by phoning the Monte Vista or Broomfield, Colorado office of the Department.

3.1.2. Imported seed potatoes shall not be unloaded until authorized by the Commissioner.

3.1.3. The Commissioner shall inspect the certificates for compliance with the provisions of the quarantine.

3.1.4. Loads which do not comply with the provisions of the quarantine shall be sealed by the Commissioner.

3.1.5. Except for nuclear seed stock, for which only a review of records is required, and except for seedling mini-tubers derived from true potato seeds, for which only a visual inspection of 100% of the lot(s) is required, the Commissioner shall take random samples and route the samples for testing as required by the quarantine.

3.1.6. The Commissioner shall insure that loads pending test results are held in a bin or a truck at the site of reinspection, as required by the quarantine.

3.1.7. After reinspection, the Commissioner shall document the presence or absence of visible late blight and the results of testing, if any.

3.2. Investigations

The Division of Plant Industry of the Department shall conduct investigations of all alleged violations of the quarantine and these rules.

3.3. Costs

3.3.1. The fees for reinspection shall be on file at the offices of the Colorado Department of Agriculture at Monte Vista and Broomfield, Colorado. These fees shall be applicable when such reinspection occurs during normal business hours, 0800-1700 hours, Monday through Friday, excluding state recognized holidays.

3.3.2. In the event a person requests reinspection outside of normal business hours, that person shall pay all overtime and mileage for the Commissioner's inspector.

3.3.3. Except for the special cost set forth in Part 3.3.2, the cost for all reinspection shall be billed quarterly to CPAC.

3.3.4. The full cost (direct and indirect cost) incurred by the Department for activities associated with investigations conducted pursuant to Part 3.2 shall be billed to CPAC on a quarterly basis.

3.3.5. The Department shall recover all legal costs from CPAC incurred as a result of promulgating, implementing, and enforcing the quarantine and these rules at the rate charged by the Department of Law to the Department for legal services. CPAC shall be billed quarterly for any such legal costs.

8 CCR 1203-13, pt. 3

40 CR 23, December 10, 2017, effective 12/30/2017

42 CR 05, March 10, 2019, effective 3/30/2019