STATEMENT OF BASIS AND PURPOSE The rules are adopted pursuant to the State Department of Agriculture Act of 1949, § 35-1-104(1)(aa.1), C.R.S. (1994 Supp.).

The purposes of these rules are to specify the varieties of rapeseed (canola) produced in the state and the geographical locations where each variety may be produced or stored, to establish a district and require registration of fields producing rapeseed within that district, to enforce the provisions of § 35-1- 104(1)(aa.), C.R.S. (1994 Supp.) by requiring a producer to take appropriate action necessary to prevent cross-pollination, and to establish actual costs and collection measures to be recovered from producers to offset the cash funds expended for services performed in administration of § 35-1-104(1)(aa.1), C.R.S. (1994 Supp.).

1.00 DEFINITIONS

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

B. “Commissioner” means the Commissioner of the Colorado Department of Agriculture, or the Commissioner's designee.

C. “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.

D. “Producer” means any person who is the owner, tenant, or operator of land who has an interest in and is entitled to receive any portion of the proceeds from the sale of rapeseed produced on said land.

E. “Rapeseed” means those species of Brassica napus, Brassica campestris, and Brassica juncea.

F. “Edible LEAR-LG types of rapeseed” means those species and varieties of rapeseed classified as follows:

Edible (Canola): Low Erucic Acid Rapeseed - Low Glucosinolates (“LEAR-LG”) shall be the seed of the species Brassica napus or Brassica campestris, the oil components of which contain less than two percent (2.0%) erucic acid and less than 30 micromoles of any one or any mixture of 3- butenyl glucosinolate, 4-pentenyl gluconsinolate, 2-hydroxy-3-butenyl gluconsinolate, and/or 2- hydoxy-4-pentenyl gluconsinolate per gram (m/g) of air dry, oil free solid.

2.00 RAPESEED PRODUCTION DISTRICT

Rapeseed for oil, seed, forage or cover crop production requires particular attention to maintaining oilseed quality and purity. Isolation between differing types of rapeseed or other crops susceptible to cross- pollination is required if a food, industrial or seed market is to be developed and established commodity markets are to be preserved.

A. All land in the counties of Rio Grande, Saguache, Alamosa, Conejos and Costilla shall constitute a Rapeseed Production District known as the San Luis District.

B. Only edible LEAR-LG types of rapeseed shall be planted by any producer in the San Luis District.

C. Rapeseed of types other than edible LEAR-LG shall be eradicated by any producer in the San Luis District.

D. At any time during regular business hours, the Commissioner shall have free and unimpeded access to any land planted with rapeseed or upon which rapeseed is growing in the San Luis District upon consent or upon obtaining an administrative search warrant.

3.00 REGISTRATION OF FIELDS PRODUCING RAPESEED

A. Each producer of rapeseed in the San Luis District shall register with the Department each field upon which rapeseed is to be produced. This registration shall be completed on an annual basis, prior to planting.

B. The producer shall complete a registration form which is prescribed by the Department. The following shall be submitted to the Department by the producer before planting: the completed registration form; a copy of each seed tag for seed the producer intends to plant; and the registration cost, not to exceed $50.00 (fifty dollars) per producer.

C. The producer shall not plant any rapeseed until the producer receives approval of the registration from the Department.

4.00 VIOLATIONS

It shall be a violation of these rules to:

A. Refuse or fail to comply with the provisions of Section 2.00 above.

B. Refuse or fail to comply with the provisions of Section 3.00 above.

C. Refuse or fail to comply with an order issued pursuant to Section 5.00 below.

D. Refuse or fail to pay the costs set forth in Sections 3.00 above and/or 6.00 below.

5.00 ENFORCEMENT

A. The Department, through the Commissioner, shall have the power to enforce the provisions of these rules and § 35-4-104(1)(aa.1).

B. The Commissioner, upon the Commissioner's own motion or upon the complaint of any person, may make any and all investigations and/or inspections necessary to insure compliance with these rules.

C. Whenever the Commissioner has reasonable cause to believe that a violation of these rules has occurred and immediate enforcement is deemed necessary, the Commissioner may issue a cease and desist order, which may require any person to cease violating any provision of these rules. Such cease and desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions in violation cease forthwith. At any time after service of the order to cease and desist, the person may request, at his discretion, a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of the State Administrative Procedure Act §§ 24-4-105 and 106.

D. Whenever the Commissioner possesses sufficient evidence satisfactory to the Commissioner indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of these rules, the Commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with these rules. In any such action, the Commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law or to post a bond.

E. Pursuant to the provisions of the State Administrative Procedure Act, §§ 24-4-105 and 106, the Commissioner may order any producer to take any action deemed by the Commissioner to be appropriate to prevent cross-pollination within any District identified in Section 2.00 above, including, but not limited to, destruction of a crop or volunteer rapeseed which is of a type other than edible LEAR-LG.

F. In the event that a producer fails or refuses to comply with an order requiring destruction of a crop or volunteer rapeseed within the time set forth in the order, the Commissioner may destroy the crop or volunteer rapeseed upon notice of not less than 24 hours. Said notice shall be served upon the producer or posted in a conspicuous place on the land.

6.00 CIVIL PENALTIES AND COSTS

A. Any person who is found to have committed a violation of these rules shall pay the costs and attorney fees incurred by the Department in bringing and conducting the administrative proceeding.

B. Any person who is found to have violated any provision of these rules is subject to a civil penalty. The maximum penalty shall not exceed one thousand dollars ($1000) per violation.

C. Any producer whose crop or volunteer rapeseed is destroyed by the Commissioner pursuant to Section 5.00 F above shall pay the actual costs incurred by the Department in destroying said crop or volunteer rapeseed.

D. The producer of the land inspected shall pay the actual costs of inspection for any inspection requested by the producer or conducted pursuant to Section 5.00 B above. The costs of inspection shall include the cost of any sampling or analysis which was conducted.

E. The producers within the District set forth in Section 2.00 above shall pay the actual costs for all services performed by the Department in the administration of § 35-1-104(1)(aa.1) and these rules. Said services shall include, but are not limited to, rulemaking and enforcement proceedings not paid pursuant to Section 6.00 A above. The costs shall be divided equally among the number of producers in the District.

D. Actual costs shall be the actual cash funds expended by the Department.

E. The producer shall be billed for such costs on a monthly basis with payment due within thirty (30) days of billing.