1. (1) The state agricultural commission, after conferring with interested industry groups, is authorized to fix, assess, and collect fees for the inspection and issuance of certificates of inspection on fruits, vegetables, and other agricultural products.

2. (2)

   1. (a) Such fees shall be uniform for the particular service rendered. The amount of such fees for services rendered under the provisions of this article shall be determined by the commission as nearly as may be to the end that such fees shall pay at least fifty percent of the operational cost of the inspection service mandated by section 35-23-111, but appropriations from the general fund shall be fifty percent of the operational cost of such mandatory inspection or two hundred thousand dollars, whichever is the lesser amount, and one hundred percent of the operational costs of all other inspection services provided pursuant to this article. Such fees shall be paid by the person, firm, corporation, or other organization requesting the service at the time such service is rendered or as otherwise provided and authorized by the commission.
   2. (b) (Deleted by amendment, L. 93, p. 353, § 1, effective April 12, 1993.)

3. (3)

   1. (a) Fees for inspections mandated by section 35-23-111 and fees for all other inspection services provided pursuant to this article and collected under the provisions of this section shall be deposited in the state treasury and credited to the agricultural products inspection cash fund, which fund is hereby created. All interest derived from the deposit or investment of moneys credited to the agricultural products inspection cash fund shall also be credited to the fund. All moneys credited to the agricultural products inspection cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund. All moneys in said fund are to be appropriated by the general assembly to the department of agriculture to be used for inspection services provided pursuant to this article. Moneys in the agricultural products inspection cash fund may be used:

      1. (I) Repealed.
      2. (II) For the department's direct and indirect costs; except that, effective July 1, 2006, no more than five percent of said moneys shall be used for the department's indirect costs.
   2. (b) Repealed.
   3. (c) The uncommitted and unencumbered balance in the agricultural products inspection cash fund on June 30, 2024, and on June 30 of each year thereafter, must not exceed fifty percent of the amount expended from the fund during the same state fiscal year.
4. (4) Repealed.

Source: L. 31: p. 378, § 18. CSA: C. 69, § 78. L. 45: p. 342, § 2. L. 51: p. 409, § 1. CRS 53: § 7-6-19. C.R.S. 1963: § 7-5-19. L. 65: p. 197, § 10. L. 71: p. 158, § 10. L. 73: p. 201, § 1. L. 84: (2) and (3) amended, p. 938, § 1, effective April 27. L. 85: (2) and (3) amended, p. 1137, § 1, effective July 1. L. 92: Entire section amended, p. 159, § 2, effective February 25. L. 93: (2) amended, p. 353, § 1, effective April 12. L. 2002: (3) amended, p. 878, § 9, effective August 7. L. 2003: (3) amended, p. 390, § 3, effective March 5; (3) amended, p. 382, § 1, effective March 5. L. 2009: IP(3)(a) amended and (4) added, (HB 09-1249), ch. 87, p. 320, § 17, effective July 1. L. 2023: (3)(c) added and (4) repealed, (HB 23-1179), ch. 103, p. 375, § 2, effective August 7.

Editor's note: (1) Amendments to subsection (3) by Senate Bill 03-169 and Senate Bill 03-180 were harmonized.

(2) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2003. (See L. 2003, p. 382.)

(3) Subsection (3)(a)(I)(B) provided for the repeal of subsection (3)(a)(I), effective July 1, 2006. (See L. 2003, p. 390.)