Registration of custom seed conditioners, farmer seed labelers, retail seed dealers, and seed labelers - form - fees - renewal - rules

(1) After January 1, 1994, no person shall act as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler in this state, except as provided in this article, if such person is not registered with the department. (2) (a) A person may register as a custom seed conditioner, farmer seed labeler, retail seed dealer, or seed labeler by submitting information on the form and with the registration fee prescribed by the commissioner. (b) (I) Each registration completed pursuant to this section is effective for up to one year, subject to a renewal schedule established by the commissioner by rule. (II) (Deleted by amendment, L. 2020.) (c) A registrant shall report any change in the information provided in such registrant's registration form or in any report submitted to the department pursuant to this article within fifteen days of such change in the manner prescribed by the commissioner. (3) The following persons shall be exempt from the provisions of subsections (1) and (2) of this section: (a) Any person registered as a custom seed conditioner, farmer seed labeler, or seed labeler shall not be required to register as a retail seed dealer to sell seed at retail in Colorado; (b) Any person registered as a seed labeler shall not be required to register as a custom seed conditioner in Colorado; (c) Any person registered as a farmer seed labeler shall not be required to register as a custom seed conditioner if such person is only cleaning or conditioning such person's own seed; and (d) Any person acting as a retail seed dealer selling only prepackaged seed in containers of one pound or less shall not be required to register as a retail seed dealer if the seed labeler supplying such prepackaged seed is properly registered. (4) (a) Subject to modification by rule pursuant to subsection (4)(b) of this section, the registration fee for each registrant is as follows: (I) For custom seed conditioners and seed labelers, five hundred nineteen dollars; (II) For farmer seed labelers and retail seed dealers, one hundred thirty dollars; and (III) For retail seed dealers for each separate location, forty-three dollars. (b) The commissioner may adjust registration fees by rule; except that registration fees for: (I) Custom seed conditioners and seed labelers must not exceed seven hundred dollars; and (II) Farmer seed labelers and retail seed dealers must not exceed two hundred dollars. (c) The commissioner shall, by rule, establish fees for each additional separate registration location according to the class of registrant; except that the fee for: (I) Custom seed conditioners and seed labelers must not exceed two hundred dollars for each additional separate location; and (II) Farmer seed labelers and retail seed dealers must not exceed two hundred dollars for each additional separate location. (5) (a) Any person registered pursuant to this article may renew such person's registration within one year of its expiration. No registration shall be renewed if it is not renewed within one year of expiration. (b) A registration may be renewed by a registrant by submitting a completed registration renewal form and the requisite renewal fee before such registrant's current registration expires. Such renewal forms and fees shall be prescribed by the commissioner. (c) If a registrant does not complete the renewal process in compliance with paragraph (b) of this subsection (5), such registrant shall be required to pay a fee of an amount double the prescribed renewal fee. (d) No renewal shall be effective until the requisite fee is received by the department.