Delegation of duties - inspections - cooperative agreements confidentiality.

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(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

(b) Inspections conducted under the state organic certification program may be performed by the commissioner or the commissioner's authorized agents.

  1. The department may receive grants-in-aid from any agency of the United States andmay cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions.

  2. The department and the commissioner shall coordinate with the secretary to implement the state organic certification program pursuant to this article.

  3. The commissioner and the commissioner's authorized representative shall maintainstrict client confidentiality under the organic certification program and shall not disclose to third parties any business-related information concerning any client obtained while implementing this article; except that the secretary shall have access to such information and the following information shall be made available to the public:

  1. Certificates issued during the current calendar year and the three immediately preceding calendar years;

  2. A list of producers and handlers whose operations have been certified during thecurrent calendar year and the three immediately preceding calendar years, including for each the name of the operation, type of operation, products produced, and the effective date of the certification;

  3. The results of laboratory analyses for residues of pesticides and other prohibited substances conducted during the current calendar year and the three immediately preceding calendar years; and

  4. Other business information as permitted in writing by the producer or handler.

Source: L. 89: Entire article added, p. 1377, § 1, effective June 6. L. 2002: (3) and (4) added, p. 1113, § 6, effective June 3. L. 2010: (1) amended, (SB 10-038), ch. 165, p. 581, § 2, effective July 1.

Cross references: For the legislative intent contained in the 2002 act enacting subsections (3) and (4), see section 1 of chapter 285, Session Laws of Colorado 2002.


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