(1) Each person growing potatoes in this state in lots of one acre or greater shall keep and maintain records, by cultivar and by field, of the hundredweight of potato cultivar or cultivars planted per field. The records shall contain the information required for an independent records review conducted pursuant to paragraph (b) of subsection (2) of this section. Growers shall maintain the records for a period of at least two years at the grower's business address.
(a) The commissioner shall select a qualified department employee to perform a records review on at least ten percent of potato growers subject to this article 27.3 once every seed potato crop cycle. The commissioner shall determine a method for the annual random selection of growers. The area committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the "Colorado Agricultural Marketing Act of 1939", article 28 of this title 35, shall pay the actual costs of such records reviews.
(b) A records review performed pursuant to this section shall verify records that trace back the grower's potatoes, including records that evidence the following:
Acreage planted by cultivar; and
Hundredweight and source of the seed used to plant the acreage, with verifiabledocuments related to:
For seed potatoes purchased, the documents described in section 35-27.3-104 (2) and (3); or
For seed potatoes planted pursuant to section 35-27.3-105 (2), the testing history andseed potatoes used to replant the grower's own operations.
Repealed.
Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1796, § 5, effective July 1. L. 2019: (2)(a) amended and (3) repealed, (SB 19-147), ch. 100, p. 364, § 3, effective August 2.