1. (1)

   1. (a) Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified.
   2. (b) Seed potatoes imported to Colorado shall meet the minimum standards for certified seed set forth in the state national harmonization program and in any active applicable quarantine.

2. (2)

   1. (a) A potato grower in Colorado may plant uncertified potatoes if:

      1. (I) The potatoes were grown and stored as part of that grower's farming operations and the requirements of subsection (2)(b) of this section have been met; or
      2. (II) The uncertified potatoes are no more than one generation from certified parent potatoes or qualified parent potatoes and the potato grower submits the uncertified potato seed stock to the certifying authority of Colorado for testing.

   2. (b)

      1. (I) A potato grower who intends to plant uncertified potatoes pursuant to this subsection (2) must submit the uncertified potato seed stock to the certifying authority of Colorado for testing prior to planting.
      2. (II) The certifying authority of Colorado shall approve the uncertified potato seed stock for planting if it meets the standards for such stock as established by the commissioner by rule.
3. (3) In any year that the commissioner, after consulting with the advisory committee, determines that there is an insufficient volume of any cultivar of certified seed potatoes and seed potatoes meeting the requirements of subsection (2) of this section, potato growers may apply to the advisory committee for permission to plant uncertified seed potatoes. Upon recommendation from the advisory committee, the commissioner may grant applying growers permission to plant uncertified Colorado-grown seed potatoes. Any such permission shall be valid for only that growing season. In no event shall any seed potatoes be planted when bacterial ring rot, late blight, or an unacceptable level of community diseases is present in the seed potatoes.
4. (4) Repealed.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1795, § 5, effective July 1. L. 2019: (4) repealed, (SB 19-147), ch. 100, p. 363, § 2, effective August 2. L. 2024: (2) amended, (SB 24-137), ch. 142, p. 524, § 2, effective August 7.

Cross references: For the legislative declaration in SB 24-137, see section 1 of chapter 142, Session Laws of Colorado 2024.