Colorado Department of Agriculture
Plant Industry Division
Rules and Regulations Pertaining to the Production of Rapeseed (Canola)
8 CCR 1203-3
STATEMENT OF BASIS AND PURPOSE
Statutory Authority:
This amendment to the Rules is adopted by the Commissioner of Agriculture pursuant to his authority under the State Department of Agriculture Act of 1949, § 35-1-104(1)(aa.1), C.R.S. 
Purpose:
The purpose of this amendment is to repeal all of the existing Rules pertaining to the production of Rapeseed (Canola).  This will eliminate the Rapeseed (Canola) Production District, which consists of all land in the counties of Rio Grande, Saguache, Alamosa, Conejos, and Costilla known as the San Luis District.
Factual and Policy Issues:
The factual and policy issues pertaining to the repeal of these Rules are as follows:
1.	In 1994 when the Rules pertaining to the production of Rapeseed (Canola) were implemented the production of food grade canola was an emerging industry.   At that time, the Department determined that Rules were necessary to protect against the possibility of cross pollination from Rapeseed for industrial oil production. Brassica napus and Brassica campestris are the Rapeseed (Canola) with low Erucic Acid and low Glucosinolate which are considered food grade Canola.  Brassica Juncea is considered the industrial oil variety of Rapeseed.
2.	Based on information and experience gained since 1994, the Department no longer believes that cross pollination from Canola grown for industrial oil poses a threat to the production of food grade Canola and thus no Rules are unnecessary.  Moreover, producers in the valley have expressed interest in planting Rapeseed (Brassica juncea) as a green manure crop and a bio-fumigant for potato nematode, a practice the Department supports but which is prohibited under the Rules.
3.	The Rules included the formation of a Canola District, primarily to facilitate construction of a crushing facility.  Since that time the crushing facility did not materialize and Canola production in the San Luis District did not increase as expected.  The need for the District, therefore, no longer exists.