The statements of basis and purpose for some rule changes are no longer in the Departments files and are presumably in the state archives.
20.1Emergency Regulation adopted September 17, 1993 - Effective September 17, 1993 Adopted November 19,1993 - Effective December 30,1993The following rules are hereby promulgated under the authority of the Colorado Seed Act pursuant to 35-27-101 through 125, C.R.S., (1993 Supp. as amended by Senate Bill 93-17). These rules are required by the Colorado Seed Act, which was repealed and reenacted by the 1993 State Legislature.
They deal with definitions of certain terms used which are not defined in the Act; the requirements for registration of seed labelers, custom seed conditioners, and retail seed dealers, including the setting of registration fees; label requirements for agricultural, vegetable and flower seeds, including seed mixtures and combination mulch, seed and fertilizer products, performance characteristics of flower seed, and germination standards for flower seeds and for vegetable seeds; label requirements for tree and shrub seeds; the lists of prohibited and restricted noxious weed seeds; seed sampling requirements and procedures; analysis and testing of seeds; tolerances on seed label information; and requirements concerning sales of disease free seed beans.
These rules repeal 8 CCR 1203-6, Parts I through VIII (sic IX) (April 1993), and new rules are adopted in total as follows:
20.2Adopted November 13,1997-Effective December 30,1997(a) These amended rules are adopted pursuant to § 35-27-114(1) (b), C.R.S. (1995) and pertain to the administration and enforcement of the Colorado Seed Act, § § 35-27-101 through 125, C.R.S. (1995).(b) The purposes of these amended rules are to: update the germination standards for vegetable seed; update incorporation of the Journal of Seed Technology, Seedling Evaluation Handbook and Uniform Classification of Weed and Crop Seeds; delete incorporation of the Federal Seed Act Regulations; and address requirements for pesticide treated alfalfa seed and clover seed.20.3Adopted February 17, 1998 - Effective March 30,1998(a) The following rules are hereby promulgated under the authority of the Colorado Seed Act pursuant to § § 35-27-101 through 125, C.R.S., (1993 Supp. as amended by Senate Bill 93-17). These rules are required by the Colorado Seed Act, which was repealed and reenacted by the 1993 State Legislature. They deal with definitions of certain terms used which are not defined in the Act; the requirements for registration of seed labelers, custom seed conditioners, and retail seed dealers, including the setting of registration fees; label requirements for agricultural, vegetable and flower seeds, including seed mixtures and combination mulch, seed and fertilizer products, performance characteristics of flower seed, and germination standards for flower seeds and for vegetable seeds; label requirements for tree and shrub seeds; the lists of prohibited and restricted noxious weed seeds; seed sampling requirements and procedures; analysis and testing of seeds; tolerances on seed label information; and requirements concerning sales of disease free seed beans. These rules repeal 8 CCR 1203-6, Parts I through VIII (sic IX) (April 1993), and new rules are adopted in total as follows:20.4Adopted October 2, 2003 - Effective December 1, 2003(a) Statutory Authority: These amendments to the permanent rules pertain to the registration fees of the Colorado Seed Act, § § 35-27-101 through 125, C.R.S. (2002), and are adopted by the Commissioner of Agriculture pursuant to § § 35-27-111(4)(a)(I) and 114(1)(b)(VIII), C.R.S.(b) Purpose: The purpose of these amendments are to increase the registration fee to allow more funds to be spent on seed sample analysis to verify that seed labeling is in compliance with the Colorado Seed Act and these rules.(c) Factual and Policy Issues: The factual and policy issues encountered in the proposal of these permanent rules are as follows: (1) Seed sampling and analysis to determine truth in labeling is an essential consumer and environmental protection function of the seed regulatory program conducted under the Colorado Seed Act. Samples are analyzed to ensure that the labeling components such as pure seed and germination percentage are accurate to protect the consumer. In addition, the analysis can detect any weed seed present in the product to protect both the consumer and the environment. The Colorado Department of Agriculture (CDA) performs the seed sampling and the Colorado State University Seed Laboratory (CSU Laboratory) provides the analysis function through a contract with CDA. CDA does not have qualified staff to conduct seed analysis.(2) Use of the CSU Laboratory provides an objective third party analysis when regulatory action is required because of seed analysis results. It prevents potential conflict of interest concerns that a private laboratory would encounter particularly since companies regulated under the Colorado Seed Act operate many of the private seed laboratories. In addition, it saves CDA costs by not having to develop and conduct a system to provide all of the samples as "blind samples" to a private laboratory to ensure they cannot determine the place the sample was taken from. Other regulatory seed laboratories operated by Departments of Agriculture or Universities in other states have no interest in performing seed analysis for Colorado.(3) The CSU Laboratory revenues have decreased in recent years. This decrease has caused the laboratory to reduce staff to a level that is not sustainable for operation in the long term. To obtain sufficient revenue the Laboratory must raise seed analysis costs to its customers such as the Colorado Department of Agriculture.(4) The Colorado seed industry believes the CSU Laboratory provides an essential function for processing regulatory samples as well as in the education of seed analysts.(5) The Colorado seed industry supports providing increased revenue to the Laboratory through increased charges on seed analysis by the CSU Laboratory.(6) The Colorado seed industry supports an increase in seed registrations fees to pay for the increased charges by the CSU Laboratory.20.5Adopted December 9, 2008 - Effective January 30, 2009Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture ("CDA") pursuant to his authority under the Colorado Seed Act (the "Act"), § 35-27-114(1)(b), C.R.S.
Purpose
The purposes of these proposed rule amendments are as follows;
The purpose of these proposed rules is:
1) To adopt a new Rule 1.2 , to define a new term, "tetrazolium test".2) To adopt a new Rule, 3.1 requiring that all lots of seed that are being labeled from the results of a tetrazolium test, in place of a germination test, be required to disclose that information on the label.3) To amend existing Rules 7.1 and 7.2 to delete obsolete statements concerning effective dates for certain noxious weeds.4) To amend existing Rule 8.1 to add the term "stated as a percentage" to the introductory header sentence, after the word "Colorado' and add the word "Kind" above the first column and the symbol "%" above the second column.5) To amend existing Rule 8.1 to add 16 kinds of seed and their germination standards.6) To adopt a new Rule 8.2 specifying that all vegetable and herb seeds not listed in 8.1 shall have a specific germination standard of 50%.7) To adopt a new Rule 9.3 to require all seed contained within any building or other structure owned or operated by a seed registrant that is not for sale to be clearly marked as such.8) To adopt a new Rule, 11.1 to update the reference materials for methods of analyzing and testing seed samples to incorporate the most current methods in the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.9) To adopt new Rules 11.1 and 11.1 to specify by rule what kinds of seeds will be allowed to be analyzed with the results of a tetrazolium test.10) To adopt a new Rule 11.2 which states that the time that a germination test is valid is 13 months, unless it is stored in hermetically sealed containers, in which case it shall be valid for 24 months.11) To adopt a new Rule 11.3 specifying what kinds of cool season grasses will be allowed to be labeled as to germination for a period of 16 months instead of the standard 13 months, as allowed under in § 35-27-113(1)(a) , C.R.S.12) To adopt a new Rule 11.4 which establishes the length of time during which a tetrazolium test is valid for labeling purposes.13) To amend existing Rule 12 to update the tolerance and methods of determination used in the enforcement of these rules to incorporate the most current tolerances and methods in the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.14) To add the title to Part 13, "SALES OF DISEASE FREE SEED BEANS".15) To amend existing Rule 14 to delete references to outdated materials incorporated by reference and replace them with the correct reference.16) To amend Rule 14 to delete outdated references to Section Chief and Plant and Insect Section and to replace them with the term "Seed Program Coordinator".17) To amend existing language in several places to correct typographical errors. Factual and Policy Basis IssuesThe factual and policy issues encountered when developing these rules include:
1) The proposed new Rule 1.2 is necessary because the term, "tetrazolium test", which is used in § 35-27-113(1)(a), C.R.S., is not defined in the Act.2) A tetrazolium test is different from a germination test in that a tetrazolim test only determines the percentage of the seeds that are viable (living) rather than the percentage of the seeds that will likely germinate. Prior to the amendment to § 35-27-113(1)(a), C.R.S., in 2007, and the implementation in these rule changes, seed could not have been labeled with a tetrazolium test. Because the use of a tetrazolium test will now be allowed for specifically identified seeds; the test is less stringent; and consumers are used to the label data being obtained from a germination test; it is necessary to inform them of this fact so they can make an informed purchasing decision.3) The amended language to Rules 7.1 and 7.2 is necessary because they contain effective dates for certain noxious weeds that are now obsolete and confusing.4) The amended language to 8.2 is necessary to clarify that the figures are stated as percentages in the table below the header sentence.5) The amended language to Rule 8.1 is necessary to update the rule to bring it in conformity with the current list of the kinds of vegetable seeds listed and their germination standards in the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.6) The new Rule 8.2 is necessary to specify that all vegetable and herb seeds not listed shall have a designated germination standard since they presently do not. This change is necessary also to bring these rules into conformity with the Recommended Uniform State Seed Law (RUSSL), as adopted by the Association of American Seed Control Officials, July 2007 edition, for germination standards for vegetable and herb seeds not listed.7) The proposed new Rule 9.3 is necessary because it will better facilitate inspection and/or sampling of all seed.8) The amended language to Rule 11 is necessary because the old references are obsolete.9) New Rules 11.1 and 11.1 Are necessary because the Commissioner is required to specify by rule which seeds may be analyzed by means of a tetrazolium test. Rule 11.1 will allow certain kinds of seeds that presently do not have established germination standards written for them by the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition, to be analyzed with a tetrazolium test in place of a germination test. Rule 11.1 will allow analysis with a tetrazolium test these three kinds of seeds, Indian ricegrass (Achnatherum hymenoides), fourwing saltbush (Atriplex canescens), and chokecherry (Prunus virginiana), that presently do have rules written for them by the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition, but do not germinate in a timely fashion.10) The proposed new Rule 11.2 is necessary to clarify the valid time for germination tests.11) The proposed new rule 11.3 is necessary due to the new language added to § 35-27-113(1)(a), C.R.S. in 2007, which allows specified cool season grasses to be labeled for germination for a period of 16 months instead of the 13 months specified for all other non-hermetically sealed containers. These cool season grasses have been shown to retain the germination for a period longer than 13 months in most cases (i.e. not exposed to direct sunlight, excessive moisture or high temperatures).12) The proposed new Rule 11.4 is necessary because implementation of the tetrazolium test as a replacement for the germination test for certain kinds of seed requires the establishment of a time period of validity for labeling purposes. Furthermore, it is scientifically valid and more manageable to the industry and consumers to stay with the time frame for the validity of the germination test, for labeling purposes, for these same kinds of seed.13) The amended language to Rule 12 is necessary because the old tolerances and methods referenced are obsolete.14) The proposed new title to Part 13 is necessary to bring clarity and continuity to the seed regulations as the title to Part 13 was removed accidentally when the Rules were converted to the electronic format.15) The amended language to Rule 14 is necessary because the old references are obsolete.16) The amended language in Rule 14 is necessary because the old references are obsolete. The Plant and Insect Section was eliminated as an identified entity within the Division of Plant Industry.17) The amended language is necessary to eliminate typographical errors that had been incorporated into prior versions of this Act.20.6Adopted November 19, 2009 - Effective December 30, 2009Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture ("CDA") pursuant to his authority under the Colorado Seed Act (the "Act"), § 35-27-114(1)(b), C.R.S.
Purpose
The purpose of this proposed rule amendment is to increase the registration fee paid by retail seed dealers from $25 per year to $50 per year.
Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rules include:
1) By statute the Seed Program is funded by a combination of general funds and cash funds. The revenue for the cash funded portion is generated by the registration fees paid by seed registrants to label, condition or sell seed in Colorado.2) Pursuant to 35-27-111 registration of Seed Conditioners, Farmer Seed Labelers, Retail Seed Dealers, and Seed Labelers- Forms-Fees-Renewals; there are four types of seed registrations in the Seed Act and Rules and Regulations. These four types are Seed Conditioners, Farmer Seed Labelers, Retail Seed Dealers, and Seed Labelers. The Seed Conditioners maximum fee allowed by statute is $300. The current fee is $300. The Farmer Seed Labelers maximum fee allowed by statute is $75. The current fee is $75. The Retail Seed Dealers maximum fee allowed by statute is $75. The current fee is $25. The Seed labelers maximum fee allowed by statute is $300. The current fee is $300.3) During the 2008 legislative session the General Assembly removed $20,000 from the general funded portion of the seed program budget to help with the overall State budget needs.4) The seed program has consistently cut back on the work conducted by the program to meet budget constraints. This is documented in the number of seed samples collected and seed inspections performed. The program took 550 seed samples in 1999 and has gradually reduced that number to the current 301 to account for budget constraints. The program averaged over 900 seed inspection per year in the late 1990s and is now conducting about 650 inspections per year.5) In order to avoid reducing the program activities more and therefore decreasing the value of the program, the industry seed ad hoc advisory committee recommended that fees be increased to offset the general fund revenue removed in 2008.6) Since the only fee not at the statutory cap is the Retail Seed Dealer registration it is proposed to raise this fee.7) The program has an average of 900 retail seed registrations per year. 900 registrations multiplied by the $25 increase would generate roughly $22,500.8) The fees for this category of seed registration have not been increased since the statutory change to have seed registrations and fees was enacted in 1993.20.7Adopted June 12, 2019 - Effective July 30, 2019Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture ("CDA") pursuant to the authority under the Colorado Seed Act (the "Act"), § 35-27-114(1)(b), C.R.S.
Purpose
The purpose of this proposed rule amendment is to:
1. Increase the registration fee paid by retail seed dealers from $50 to $75 per year.2. Increase the additional location fee paid by seed dealers and seed conditioners from $25 to $75 per year.3. Update the reference to the Tetrazolium Test to the 2010 edition, published by the Society of Commercial Seed Technologists and the Association of Official Seed Analysts.4. Update the reference used to measure tolerance of seed testing when enforcing truth in labeling to the October 2018 edition of the Rules for Testing Seeds, published by the Association of Official Seed Analysts.5. Update the department address to its current location in Broomfield, CO.Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rules include:
1. By statute, the Seed Program is funded by a combination of general funds and cash funds. The revenue for the cash funded portion is generated by the registration fees paid by seed registrants to label, condition, or sell seed in Colorado. The current registration fees do not provide sufficient revenue to administer the Seed Program effectively, and, without increasing the fees, the Department would need to cut back on work conducted by the Seed Program (i.e., seed collection, sampling, and testing). To Date, the Department has curtailed its sampling from 550 seed samples in 1999 to 250 seed samples at present and over 900 seed inspections per year in the late 1990s to approximately 300 inspections per year at present.2. Pursuant to section 35-27-111, C.R.S., there are four types of seed registrations: seed conditioners, farmer seed labelers, retail seed dealers, and seed labelers. The only fees not presently at the statutory cap are the retail seed dealer registration fee and additional location fees for seed labelers and seed conditioners. therefore, these are the only categories in which the Department may increase fees.3. The Industry Seed Ad Hoc Advisory Committee recommended that fees be increased to address the funding deficit and to ensure that program activities not be negatively affected.4. The Seed Program has an average of 900 retail seed dealer registrations per year (355 primary locations + 563 additional locations). 355 registrations multiplied by the $25 increase would generate roughly $8,875 for the Seed Program.5. The Seed Program has an average of 300 registered seed labelers and seed conditioners, with approximately 50 of those 300 registrations including additional locations. Increasing the additional location fee for these businesses would raise $2,500 for the Seed Program.6. The Department has not increased fees for the retail seed dealer category since 2009.7. The Department has not increased fees for the seed labeler and seed conditioner categories since those categories were formed and associated fees set in 1993.20.8Adopted February 12, 2020 - Effective March 30, 2020Statutory Authority
The amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture ("CDA") pursuant to the authority under the Colorado Seed Act (the "Act"), § 35-27-114(1)(b), C.R.S.
Purpose
The purpose of the proposed rule amendments is to:
1. Update incorporation by reference language for the Tetrazolium Testing Handbook ("Handbook") and the Rules for Testing Seed ("Testing Rules"), published by the Society of Commercial Seed Technologists and/or the Association of Official Seed Analysts, to meet the requirements of § 24-4-103 (12.5)(a)(iv), C.R.S, of the State Administrative Procedure Act.Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rules include:
1. The State Administrative Procedure Act sets forth the requirements for incorporating by reference all or any part of a code, standard, guideline, or rule that has been adopted by an agency of the United States, this state, or another state, or adopted or published by a nationally recognized organization or association.2. Specifically, the State Administrative Procedure Act requires that the rule states where copies of the code, standard, guideline, or rule are available for a reasonable charge from the agency adopting the rule and where copies are available from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule.3. Although the rules identified the publishers of the Handbook and the Testing Rules by name, they did not provide an address or website where the Handbook or Testing Rules could be obtained from the publishers. The amendments to the rules now include a specific URL where the Handbook and Testing Rules can be obtained for purchase from the publishers.4. A newer version of the Testing Rules became effective October 1, 2019, and the rule amendments update the relevant edition to 2019.20.9Adopted September 9, 2020 - Effective October 30, 2020Statutory Authority
The amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture ("CDA") pursuant to the authority under the Clorado Seed Act (the "Act"), § 35-27-114(1)(b), C.R.S.
Purpose
The purpose of the proposed rule amendments is to:
1. Align the rules with fees now set in statue, which fees became effective June 25, 2020.2. Part 2.5. of these Rules has been revised to reflect the statutory annual registration fee for seed labelers is $519.00 per year.3. Part 2.6. of these Rules has been revised to reflect the statutory annual registration fee for custom seed conditioners is $519.00 per year.4. Part 2.7. of these Rules has been revised to reflect the statutory annual registration fee for farmer seed labelers is $130.00 per year.5. Part 2.8. of these rules has been revised to reflect the statutory annual registration fee for retail seed dealers is $130.00 per year.7. Part 2.9.1. of these Rules has been revised to reflect an increase in the annual registration fee for a second business location for farmer seed labelers from $25.00 per year to $43.00 per year, as well as to correct non-substantive typographical errors.8. Part 2.9.2 of these Rules has been added to reflect an increase in the annual registration fee for a second business location for a retail seed dealer from $25.00 per year to $43.00 per year.Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rule amendments include:
1. Section 35-27-125, et seq., C.R.S., was set for repeal on July 1, 2020. Prior to repeal, the Act was scheduled to undergo a sunset review through the Department of Regulatory Agencies ("DORA"), consistent with section 24-34-104, C.R.S. Subsequent to the sunset review, DORA recommended continuation of the Act. The General Assembly reviewed DORA's recommendations and passed House Bill 20-1184. House Bill 20-1184 continued the Act, and codified into the statute minimum yearly registration fees for each registration category and for certain categories of second business locations.2. Because the fee provisions in the Act became effective June 25, 2020, the fees described in the Rules were no longer accurate. As such, the Department is revising the Rules to harmonize the Rules to the Act. This will avoid stakeholder confusion with respect to operative fees moving forward.42 CR 13, July 10, 2019, effective 7/30/201943 CR 05, March 10, 2020, effective 3/30/202043 CR 19, October 10, 2020, effective 10/30/2020