Digest of Bills - 2002

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AGRICULTURE

S.B. 02-69 Protection of products of agriculture - civil liability - confidentiality of meetings and public documents. Makes any person who, with intent to deprive the owner, exercises control over or who maliciously damages or destroys any agricultural product, or who encourages or conspires with another to do so, liable for treble damages, attorney fees, and litigation costs. Makes such person also liable for the costs directly related to research, development, and testing if the agricultural product was an experimental agricultural product.

        Amends the Open Records Act and the Open Meetings Act to protect from disclosure documents from and discussions occurring in executive sessions relating to security arrangements or investigations, including defenses against terrorism.

        Makes conforming amendments. Defines agricultural product and experimental agricultural product.

APPROVED by Governor April 12, 2002        
EFFECTIVE April 12, 2002

H.B. 02-1099 Soil conservation board - soil conservation districts - name change reflecting extended duties. Makes a legislative declaration that soil conservation districts now have a more extensive set of duties and should be referred to by a name that better reflects such duties.

        Changes the name of the soil conservation board to the conservation board and changes the name of all soil conservation districts to conservation districts.

APPROVED by Governor May 24, 2002        
EFFECTIVE July 1, 2002

H.B. 02-1186 Organic agriculture - certification - appropriation. Changes the "Organic Certification Act" (act) to create a state organic certification program that is harmonized with the federal "Organic Foods Production Act of 1990" as follows:

•          Changes terminology from "licensing" to "certification".
•          Replaces the Colorado organic seal with organic labeling.
•          Instructs the commissioner of agriculture to seek accreditation from and to coordinate with the United States secretary of agriculture to implement a state organic certification program.
•          Removes the commissioner's authority to enforce the act and penalize producers.
•          Authorizes the commissioner to promulgate rules to implement a state organic certification program.
•          Requires that the act and all rules passed pursuant to such act conform with federal law.
•          Requires information given for certification to remain confidential.
•          Repeals a limit on the number of FTEs needed to implement the act.
•          Authorizes the balance of the cash fund to remain in such fund at the end of the year.

        Appropriates $118,951 and 2.0 FTE from the organic certification fund to the department of agriculture and $10,517 from the organic certification fund to the department of law for the implementation of this act.

APPROVED by Governor June 3, 2002        
EFFECTIVE June 3, 2002

H.B. 02-1215 Nursery stock premises - inspections by commissioner - scheduling - risk-based approach. Allows the commissioner of agriculture to require inspections of nursery stock premises and areas using a risk-based approach instead of requiring such inspections annually. Requires the commissioner to conduct an inspection, and to issue a certificate concerning such inspection, upon request.

APPROVED by Governor April 18, 2002        
EFFECTIVE April 18, 2002

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