Proposed Draft for Certified Seed Law for Colorado

I. Purpose

Colorado’s certified seed law is designed to control and minimize the spread of contagious “community diseases” by reducing the overall inoculum pool present in the potato crop. This law is also designed to meet Federal and State standards related to the State/National Harmonization Plan for Seed Potatoes and to obtain official control of regulated, quarantine pests.

II. Definitions

“Certified potatoes” means potatoes certified by the official Colorado seed certifying authority (Colorado State University Potato Certification Service) or certified by the legally mandated seed certifying authority in any other state or country which meet all applicable rules and regulations for certification and are eligible for planting as certified seed.

“Community diseases” are diseases and/or pests which can move from field to field during the growing season and are not confined to any given grower’s operation. Examples of community type diseases are late blight and potato virus Y.

“Official control” means that the seed potatoes used to produce the crop in any given season have either been derived from certified seed or from tested, documented sources and found to be within the legal limits for all diseases and pests of concern.

“Qualified potatoes” means potatoes derived from certified potatoes which have been inspected by the official Colorado seed certifying authority (Colorado State University Potato Certification Service) which meet all applicable rules and regulations for certification and are eligible for planting to meet official disease control standards.

“Department” means the Department of Agriculture of the state of Colorado.

“Commissioner” means the commissioner of Colorado’s Department of Agriculture.

“Distribute” means to offer for sale, sell, barter or otherwise supply potatoes or to supply, furnish or otherwise provide potatoes to a person.

“Person” means any individual, partnership, corporation, firm, association or agent.

“Potatoes” means potatoes (Solanum tuberosum) that may be sold for or used as seed.

“Generation” means the potatoes have gone through one full seasonal growth cycle (i.e., planting, growth, harvest, and storage).

III. Minimum Standards for Planting

a) All potatoes offered for sale, sold or delivered under contract or distributed into or within the state of Colorado for planting in the state of Colorado in lots of one or more acres by any person from any state, territory or country shall be certified and shall be accompanied by:

1) An official tag or bulk certificate indicating their status as certified potato seed;
2) A certificate of shipping point inspection; and
3) A North American Plant Health Certificate.

These documents shall provide the description of grade, the findings of all inspections for each lot of seed, noting the name and amount of any disease observed, and generation of the potatoes and shall show that the potatoes were packed, sealed (for interstate shipments only) and tagged under the certification standards of the state, territory, or country in which they were produced.

b) Seed potatoes being imported into Colorado for the purpose of planting shall meet the minimum standards for certified seed as set forth in the State/National Harmonization Plan for Seed Potatoes and any additional standards for importation of seed potatoes as authorized through rule by the Colorado Department of Agriculture.

c) Colorado producers shall be allowed to plant uncertified potatoes (common seed) grown and stored by them as part of their farming operation provided that they are no more than one (1) generation from their own certified or qualified parent seed potatoes. If growers wish to plant this same seed for additional years, the seed stocks used for planting must be tested using appropriate methods and meet certain standards as set forth by the Advisory Committee in any given year. Planting seed that does not meet the testing standards shall be considered a violation of this Law and the grower shall be subject to penalty.

d) In the event there is insufficient volume of Colorado certified seed, uncertified seed meeting the appropriate requirements (section c), or seed which may be imported from another state or country, in any or all cultivars available to be planted in Colorado in any year, the Advisory Committee may recommend to the commissioner, upon application of one or more growers, to permit seed of a higher disease content from Colorado producers only, to be planted for that growing season, provided that bacterial ring rot is not present.

e) To assist in the transition to the requirements for this article, for 2010 and 2011 only, growers may plant potatoes from their own farming operation that are uncertified and untested as would be required in section c.

IV. Records Required

Each grower shall keep records of seed planted by cultivar and by field for a period of not less than two years. An independent audit by a qualified certified public accountant selected by the Advisory Committee will be performed on at least 10% of the growers annually with preference given to auditing growers no more than once every three years. The audit shall consist of verification of records relating to trace back of each grower’s potatoes including; 1) acreage planted by cultivar, 2) hundredweight and source of the seed used to plant this acreage with verifiable documents related to seed purchased (section a) or testing history and seed used for replant from the grower’s own farming operation (section c). If a violation is suspected, the commissioner will be notified and the commissioner or his agents will follow the procedures as outlined under ‘VII. Inspections – access – investigations – subpoena’.

V. Advisory Committee

The state agricultural commission created by section 35-1-105 shall appoint an advisory committee of nine members to assist the commissioner in promulgating rules and regulations to carry out the provisions of this article. Terms for each member shall be limited to three years.

The committee shall consist of the following members:

a) four non-seed growers from the Colorado Potato Administrative Committee Area II (San Luis Valley);
b) one non-seed grower from the Colorado Potato Administrative Committee Area III (Northern Colorado);
c) two members from the Colorado Certified Potato Growers’ Association (one of which is the sitting President of CCPGA);
d) one from Colorado State University; and
e) one from the Colorado Department of Agriculture.

The function of the Advisory Committee shall be: to assist the commissioner in clarification and drafting of the rules, to assist in the determination of sufficient availability of seed potatoes in any given year, to appoint the audit group, and to advise the commissioner on other items as needed regarding the impact and enforcement of this act.

VI. Powers and duties of the commissioner

In addition to any other duties and authority set forth elsewhere in this article, the commissioner:
a) shall administer and enforce the provisions of this article;
b) may adopt rules and regulations necessary for the administration and enforcement of this article including, but not limited to, rules and regulations which:
1) establish requirements for compliance verification for testing, sampling, and inspection.
2) establish a schedule of fees for services performed by the Department in the administration of the rules. Receipts of these fees shall be deposited in the Colorado Potato Seed Law Account.
3) specify any quality or disease standards which must be met for any potatoes that will be used for planting.
4) specify any additional records that growers must maintain.
c) shall conduct any inspection or investigation to such extent as the commissioner deems necessary to determine compliance with this article.

VII. Inspections – access – investigations – subpoena

a) The commissioner, upon the recommendation of the independent audit group, may make an investigation necessary to determine compliance with this article.

b) For inspection purposes, the commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon having obtained an administrative search warrant, to inspect any records required to be kept pursuant to this article. The commissioner is authorized to make copies of any record inspected.

c) 1) The commissioner has full authority to administer oaths, take statements, issue subpoenas to compel the appearance of witnesses before the commissioner, issue subpoenas duces tecum for the production of any documents and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.
2) Upon failure or refusal of any person to obey any subpoena issued pursuant to paragraph (1) of this subsection (c), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.
3) Failure to obey an order of the court entered pursuant to paragraph (b) of this subsection (3) is contempt of court.

d) Complaints of record made to the commissioner and the results of the commissioner’s investigations shall be closed to public inspection, except to the person in interest as defined in section 24-72-202 (4), C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.

VIII. Violations

Any person who violates any provision of this article or any rule or regulation adopted pursuant to this article is subject to a civil penalty as follows:

a) A person that plants potatoes in violation of this law shall be subject to a civil penalty of not less than $20 and not more than $100 per acre for each acre or part of an acre planted in violation of this law.

b) Additionally, any person that fails to maintain complete and accurate records indicating the status of potato seed used for each field planted in a given year as required by the commissioner shall be subject to a separate civil penalty of not less than $500 and not more than $1,000 for each such failure. Any civil penalty collected under this section shall be in addition to any other penalty imposed for any other violations of this article or rules.

c) No civil penalty shall be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

d) If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

e) Any civil penalty collected under this section shall be payable to the Colorado Department of Agriculture and deposited in the Colorado Potato Seed Law Account.

IX. Colorado Potato Seed Law Account created

All fees and charges collected pursuant to this article shall be transmitted to the Colorado Potato Seed Law Account, which account is hereby created. Any monies contained in said fund at the end of a fiscal year shall not revert to the general fund, but shall, together with all reimbursements or accretions thereto from whatever source derived, remain available for appropriation as provided in this section.

 

 DAILY LOAD COUNT AND PRICES

Total shipments for Wednesday July 1, 2009 were 132 loads. There were 132 trucks & 0 rail.

From the truck shipments 40 were bulk loads, of which 0 were seed.

 Click here to get the F.O.B prices

Make sure you scroll all the way down to San Luis Valley Colorado from link above.