Colorado Department of Agriculture
Plant Industry Division
Weed Free Forage Crop Certification Act
8 CCR 1203-10
STATEMENT OF BASIS AND PURPOSE
These rules are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1998).
The purposes of these rules are to add a weed of region-wide concern to the designation of prohibited weeds in the regional list and to define procedures for identification and tracking of certified weed free forage destined to be processed into cubes and pellets.
6.00	FEES
The maximum the producer will be charged for inspections is as follows:
a.	Inspection time, including travel, at a rate not to exceed $25.00 per hour;
b.	Mileage for the inspector's travel not to exceed $0.26 $0.36 per mile;
c.	Per diem expenses, if travel and the inspection cannot be reasonably accomplished within one day, not to exceed $86.00 per day;
d.	A per inspection fee not to exceed $100.00 plus an acreage fee not to exceed $4.00 per acre.
e.	The actual cost of the twine or marked wire, including shipping and handling.
7.00 – 9.00	RESERVED
10.00	STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY & PURPOSE
10.01	Adopted March 25, 1994 – Effective April 30, 1994
These rules and regulations are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1993 Supp.).
The purpose of these rules and regulations is to adopt such rules and  regulations necessary to carry out the provisions of the Act, including establishing definitions of pertinent terms, state and regional lists of weeds, procedures for certification of weed free forage crops and forage crop inspection, qualification standards for persons seeking designation as authorized inspectors or as qualified employees, delegations by the Commissioner of Agriculture pursuant to § 35-27.5-104 of the Act, procedures for identifying and tracking certified forage crops, and violations of the Act and rules and regulations thereto.
10.02	Adopted March 17, 1995 – Effective April 30, 1995
These amendments to the rules and regulations are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1994 Supp.).
The purpose of these amendments to the rules and regulations is to adopt such rules and regulations necessary to carry out the provisions of the Act, specifically, establishing procedures for tracking and identifying certified forage including the use of inventory sheets and transit documents and raising the acreage fee, establishing an inspection fee, and adding a charge for handling of twine with the intent of covering all costs, direct and indirect, of the Department of Agriculture in the administration and enforcement of the Act.
10.03	Adopted May 29, 1997 – Effective July 30, 1997
These amended rules are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1995).
The purpose of these amended rules is to delete all reference to a “Colorado State Weed List” and to apply the “Regional List” as well as to update the “Regional List.”
10.04	Adopted September 10, 1998 – Effective October 30, 1998
These rules are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1998).
The purposes of these rules are to add a weed of region-wide concern to the designation of prohibited weeds in the regional list and to define procedures for identification and tracking of certified weed free forage destined to be processed into cubes and pellets.
10.05	Adopted November 13, 2006 – Effective January 1, 2007
Statutory Authority
This amendment to the rules is adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Weed Free Forage Crop Certification Act, §35-27.5-103 (1), C.R.S. (2006).
Purpose
The purpose of this amendment to the rules is to (1) raise the mileage reimbursement for personal vehicles used by contracted weed free forage inspectors from $0.26 per mile to $0.36 per mile; and (2) to include a section for Statements of Basis, Specific Statutory Authority and Purpose for this rule.
Factual Basis
The factual and policy issues encountered in the proposal of this amendment to the rules is as follows:
Senate Bill 06-173 allows for each mile actually and necessarily traveled while on official state business calculated at 80% of the prevailing Internal Revenue Service mileage reimbursement rate to the nearest cent.  Reimbursing contract inspectors 36 cents per mile would reflect the prevailing rate.