A Bill for an Act
Page 1, Line 101Concerning protections for certain agricultural products
Page 1, Line 102grown in Colorado.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Water Resources and Agriculture Review Committee. The bill prohibits a person from:
- Identifying an agricultural product as being produced in the state when selling, marketing, advertising, or distributing the product unless the product is grown in the state; and
- Using the Colorado proud designation or logo unless authorized by the department of agriculture.
A violation of these prohibitions constitutes a deceptive trade practice.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and determines that:
Page 2, Line 4(a) Colorado is one of the United States' premier agricultural
Page 2, Line 5growing states;
Page 2, Line 6(b) Given the state's cool nights, warm days, high elevations, and
Page 2, Line 7pure Rocky Mountain snowmelt water, Colorado-grown produce is
Page 2, Line 8sweeter, more flavorful, and higher quality than produce from states or
Page 2, Line 9regions without Colorado's geographical and climate advantages;
Page 2, Line 10(c) Coloradans will often spend a premium to buy from local
Page 2, Line 11farmers, particularly if the produce is being marketed as one of the state's
Page 2, Line 12famous agricultural products from a historic growing region, including
Page 2, Line 13Olathe sweet corn, Palisade peaches, Pueblo chilies, Rocky Ford
Page 2, Line 14cantaloupes, and San Luis Valley potatoes;
Page 2, Line 15(d) Because Coloradans will often spend a premium for
Page 2, Line 16agricultural products grown in the state, there has been a trend of
Page 2, Line 17counterfeit produce coming into Colorado where retailers at stores,
Page 2, Line 18farmers' markets, or farm stands will market or advertise their produce as
Page 2, Line 19being grown in the state, when the produce is actually grown outside of
Page 2, Line 20the state; and
Page 2, Line 21(e) This practice is deceptive to consumers and is unfair to
Page 2, Line 22Colorado farmers that grow their produce in the state.
Page 2, Line 23(2) The general assembly therefore declares that, to ensure
Page 2, Line 24consumer protection and fairness to Colorado farmers that are selling
Page 3, Line 1their produce within Colorado, it is critical to ensure that the state has the
Page 3, Line 2legal tools necessary to protect against persons making false claims that
Page 3, Line 3an agricultural product is grown in the state, when it is actually grown
Page 3, Line 4outside of the state.
Page 3, Line 5SECTION 2. In Colorado Revised Statutes, add 35-1-122 as
Page 3, Line 6follows:
Page 3, Line 735-1-122. Protections for certain agricultural products grown
Page 3, Line 8in the state - use of Colorado proud designation - deceptive trade
Page 3, Line 9practice - definition.
Page 3, Line 10(1) As used in this section, unless the context otherwise
Page 3, Line 11requires, "agricultural product" or "product" means a plant,
Page 3, Line 12fruit, vegetable, or fungus that is:
Page 3, Line 13(a) In a raw or unprocessed state;
Page 3, Line 14(b) Sold, marketed, advertised, or distributed for human
Page 3, Line 15consumption; and
Page 3, Line 16(c) Grown using the art and science of farming or
Page 3, Line 17horticulture or in a greenhouse or controlled environment
Page 3, Line 18agricultural facility, as defined in section 39-1-102 (3.3).
Page 3, Line 19(2) A person shall not identify an agricultural product
Page 3, Line 20as being grown in the state when selling, marketing, advertising,
Page 3, Line 21or distributing the product in the state unless the product is
Page 3, Line 22grown in the state.
Page 3, Line 23(3) A person shall not use the Colorado proud designation
Page 3, Line 24or logo established by the department or a trademarked version
Page 3, Line 25of the designation or logo unless the use is authorized by the
Page 3, Line 26department.
Page 3, Line 27(4) A violation of this section constitutes a deceptive
Page 4, Line 1trade practice under section 6-1-105 (1)(qqqq). This section does
Page 4, Line 2not provide the basis for, and is not subject to, a private right of
Page 4, Line 3action for violations of this section.
Page 4, Line 4SECTION 3. In Colorado Revised Statutes, 6-1-105, add
Page 4, Line 5(1)(qqqq) as follows:
Page 4, Line 66-1-105. Unfair or deceptive trade practices - definitions.
Page 4, Line 7(1) A person engages in a deceptive trade practice when, in the
Page 4, Line 8course of the person's business, vocation, or occupation, the person:
Page 4, Line 9(qqqq) Violates section 35-1-122.
Page 4, Line 10SECTION 4. Act subject to petition - effective date -
Page 4, Line 11applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 4, Line 12the expiration of the ninety-day period after final adjournment of the
Page 4, Line 13general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 4, Line 142026); except that, if a referendum petition is filed pursuant to section 1
Page 4, Line 15(3) of article V of the state constitution against this act or an item, section,
Page 4, Line 16or part of this act within such period, then the act, item, section, or part
Page 4, Line 17will not take effect unless approved by the people at the general election
Page 4, Line 18to be held in November 2026 and, in such case, will take effect on the
Page 4, Line 19date of the official declaration of the vote thereon by the governor.
Page 4, Line 20(2) This act applies to conduct occurring on or after the applicable
Page 4, Line 21effective date of this act.