Colorado Department of Agriculture
Plant Industry Division
Rules and Regulations Pertaining to the Administration and Enforcement of the Colorado Seed Act
8 CCR 1203-6
Part 2.	THE REGISTRATION SYSTEM.
2.1.	Each applicant for a registration shall submit a signed, complete, accurate, and legible application, on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name under which the business will operate (the doing business as name), the name of the person who is the primary contact, the address and telephone number of the location where the records are to be kept, and any other information required on the form.
2.2.	In addition to the form approved by the Commissioner, each applicant for a registration or applicant for renewal of a registration, shall submit the registration fee set by the Commissioner. If the registration fee does not accompany the application, the application for registration or renewal of a registration may be denied.
2.3	Repealed.
2.4.	Each applicant shall submit to the Commissioner the name under which the business will operate. If the registrant operates under more than one name, each such name shall be listed with the Commissioner.
2.5.	The annual registration fee for seed labelers shall be $300.00.
2.6.	The annual registration fee for custom seed conditioners shall be $300.00.
2.7.	The annual registration fee for farmer seed labelers shall be $75.00.
2.8.	The annual registration fee for retail seed dealers shall be $50.00.
2.9.	The annual registration fee for a second business location for seed labelers, custom seed conditioners, farmer labelers, and retail dealers shall be $25.00.
2.10.	Each applicant for renewal of a registration shall annually submit a signed, complete, accurate, and legible application on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name of the person who is the primary contact, the address and telephone number of the location where the records are to be kept, and any other information required on the form.
2.11.	A registrant who conducts business at two or more business locations shall obtain a registration for each location at which it employs one or more permanent employees engaged in the business for which the registrant is registered. For purposes of this paragraph, “business locations” means any physical location at or through which the functional operations of business regularly occur, including, but not limited to, financial transactions, arrangement of contracts, or assignment of work, and excluding buildings or locations used solely for storage of equipment or supplies or telephone answering services.
Part 20.	STATEMENTS OF BASIS AND PURPOSE.
The statements of basis and purpose for some rule changes are no longer in the Departments files and are presumably in the state archives.
20.6	Adopted November 19, 2009 - Effective December 30, 2009
Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Seed Act (the "Act"), § 35-27-114(1)(b), C.R.S.
Purpose
The purpose of this proposed rule amendment is to increase the registration fee paid by retail seed dealers from $25 per year to $50 per year.
Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rules include: 
1)	By statute the Seed Program is funded by a combination of general funds and cash funds. The revenue for the cash funded portion is generated by the registration fees paid by seed registrants to label, condition or sell seed in Colorado.
2)	Pursuant to 35-27-111 Registration of Seed Conditioners, Farmer Seed Labelers, Retail Seed Dealers, and Seed Labelers – Forms –Fees-Renewals; there are four types of seed registrations in the Seed Act and Rules and Regulations. These four types are Seed Conditioners, Farmer Seed Labelers, Retail Seed Dealers, and Seed Labelers. The Seed Conditioners maximum fee allowed by statute is $300. The current fee is $300. The Farmer Seed Labelers maximum fee allowed by statute is $75. The current fee is $75. The Retail Seed Dealers maximum fee allowed by statute is $75. The current fee is $25. The Seed labelers maximum fee allowed by statute is $300. The current fee is $300.
3)	During the 2008 legislative session the General Assembly removed $20,000 from the general funded portion of the seed program budget to help with the overall State budget needs.
4)	The seed program has consistently cut back on the work conducted by the program to meet budget constraints. This is documented in the number of seed samples collected and seed inspections performed. The program took 550 seed samples in 1999 and has gradually reduced that number to the current 301 to account for budget constraints. The program averaged over 900 seed inspection per year in the late 1990s and is now conducting about 650 inspections per year.
5)	In order to avoid reducing the program activities more and therefore decreasing the value of the program, the industry seed ad hoc advisory committee recommended that fees be increased to offset the general fund revenue removed in 2008.
6)	Since the only fee not at the statutory cap is the Retail Seed Dealer registration it is proposed to raise this fee.
7)	The program has an average of 900 retail seed registrations per year. 900 registrations multiplied by the $25 increase would generate roughly $22,500.
8)	The fees for this category of seed registration have not been increased since the statutory change to have seed registrations and fees was enacted in 1993.