Colorado Department of Agriculture
Plant Industry Division
Rules and Regulations Pertaining to the Colorado Seed Potato Act
8 CCR 1203-22
Part 1.0	Definitions:
These rules incorporate the definitions set forth in § 35-27.3-103, C.R.S.
Part 2.0	Requirements for Imported Seed Potatoes 
2.1.0	Pursuant to § 35-27.3-105(1)(b), C.R.S., all lots of seed potatoes imported into Colorado must meet the following requirements:
2.1.1	The lot may contain no more than 1.5% Leafroll Virus;
2.1.2	The lot may contain no more than 10% total virus based on post harvest testing;
2.1.3	The lot may contain no more than 2% Necrotic viruses except PVYN, PVYNTN, Mop Top and Tobacco Rattle Virus shall be 0%;
2.1.4	The lot must be free of Bacterial Ring Rot (Clavibacter michiganensis subsp. Sepedonicus) and Golden nematode (Globodera rostenchiensis), 
2.1.5	All seed potatoes imported into the San Luis Valley must meet the requirements of the Quarantine for Late Blight, 8 CCR 1203-13.
2.2.0	Growers must maintain documentation of compliance with these standards for a period of two years for each lot of seed potatoes planted.
Part 3.0	Requirements for Sampling, Testing and Inspection of Noncertified Seed Potatoes
3.1.0	Noncertified seed potatoes more than one year removed from certification may only be planted if the testing in 3.2.2 verifies the lot meets the disease standards in Part 4.0.
3.2.0 	Pursuant to § 35-27.3-105(2)(b), C.R.S., noncertified seed potatoes more than one year removed from certification must be sampled and tested in the following manner prior to planting.
3.2.1	Sampling
3.2.1.1	The grower must provide a sample of 400 tubers for each lot along with name of the grower, cultivar name and source of the cultivar to the Colorado State University San Luis Valley Research Center Laboratory.
3.2.2	Testing
3.2.2.1	A 400 tuber sample for each lot to be planted must be analyzed by the Colorado State University San Luis Valley Research Center Laboratory for all disease standards specified in Part 4.0 of this rule.
3.2.3	The grower is responsible for all costs associated with sampling and testing.
Part 4.0	Quality and Disease Standards for Noncertified Seed Potatoes
4.1.0	All noncertified seed potatoes that are planted in lots sufficient to plant one or more acres as specified in Part 9.0 shall not exceed the following standards:
4.1.1	 No more than 1.5% of the lot submitted for testing may be infected with Leafroll;
4.1.2	No more than 10% of the lot submitted for testing may be infected with Mosaic (caused by PVY with the exception of the PVYN and PVYNTN strains);
4.1.3	All of the tubers must be free from Bacterial Ring Rot (Clavibacter michiganensis subsp. Sepedonicus), Golden nematode (Globodera rostenchiensis), Late Blight (Phytophthora infestans), and Tobacco Rattle Virus (visual symptoms).
Part 5.0	Random Selection of Potato Growers for Records Review. 
5.1.0	Each year by April 1, the Colorado Potato Administration Committee offices for areas 2 and 3 shall submit a list of all potato growers to the Department.
5.2.0	The Department will select ten percent of the growers at random using computer based random number generating software.
5.3.0	The Department will conduct records inspections on the selected growers. 
Part 6.0	Grower Requests for Exemptions under § 35-27.3-105(3), C.R.S.
6.1.0	The grower must apply to the Seed Potato Advisory Committee by completing and submitting the official form to the Colorado Potato Administrative Committee office for the area in which the grower is located.
6.2.0	The Commissioner shall notify the grower when an exemption is authorized.
Part 7.0	Requirements for seed potatoes planted under § 35-27.3-105(3) C.R.S.
7.1.0	Seed potatoes granted an exemption pursuant to § 35-27.3-105(3), C.R.S., may not be planted unless a 400 tuber sample from the lot is submitted for testing to the Colorado State University San Luis Valley Research Center Laboratory and is confirmed to meet the following requirements:
7.1.1	The lot submitted must be free from Bacterial Ring Rot (Clavibacter michiganensis subsp. Sepedonicus) and Late Blight (Phytophthora infestans).
Part 8.0	Fee schedule for services performed by the Department
8.1.0	The Department shall bill the CPAC area offices for services performed by the Department at the following rates:
8.1.1	Hourly fee: $35.50;
8.1.2	Mileage: Cost charged by Colorado State Fleet Management for state vehicles, the state personal mileage rate when using private vehicles;
8.1.3	Per Diem: State rates;
8.1.4	Legal Services: Billed at the rate charged to the Department.
Part 9.0	Seed potatoes needed to plant one or more acres.
9.1.0	For the purposes of the Colorado Seed Potato Act and these rules, the amount of potatoes sufficient to plant one or more acres shall be up to fifty hundredweight of seed potatoes.
Part 10.0 – 12.0	Reserved
Part 13.0	Statement of Basis, Specific Statutory Authority and Purpose
13.1.0	June 14, 2011 – Effective January 1, 2012
Statutory Authority
These rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Seed Potato Act (the "Act"), §§ 35-27.3-101 through 112, C.R.S. 
Purpose
The purpose of these proposed rules is to implement the Colorado Seed Potato Act.
Part 1.0 explains where the definitions for terms used in the rules can be found and states that the definitions in the Act are applicable to the rules.
Part 2.0 states the requirements of the State National Harmonization Program and lists which quarantines are applicable to seed potatoes.
Part 3.0 states the requirements for compliance verification, testing, sampling, and inspection.
Part 4.0 specifies the quality and disease standards that must be met for seed potatoes to be planted.
Part 5.0 specifies how the Commissioner will randomly select ten percent of potato growers for records inspections.
Part 6.0 specifies where the growers seeking an exemption pursuant to § 35-27.3.105(3), C.R.S. must submit their request and states that the Commissioner will notify the grower when an exemption is authorized.
Part 7.0 specifies the methods that must be used for determining that bacterial ring rot and late blight are not present in the seed potatoes requested for planting.
Part 8.0 specifies the fees the Department will charge for services provided.
Part 9.0 specifies the amount of seed potatoes that are sufficient to plant one or more acres.
Factual and Policy Basis Issues
The factual and policy issues encountered when developing these rules include: 
1)	The Colorado Seed Potato Act was passed by the General Assembly and signed into law by Governor Ritter in 2010. The Act requires the development of several rules for the implementation of the Act. The Act’s requirements will be effective January 1, 2012, therefore all rules must be developed prior to this time.
2)	Part 1.0: The definitions in the Act are referenced in this section so producers know where to find the definitions for terms used in the proposed rules
3)	Part 2.0: Section 35-27.3.105(b), C.R.S. of the Act requires that seed potatoes imported into Colorado meet the requirements of the State National Harmonization Program and any applicable quarantine. Sections 2.1.1 through 2.1.5 of the proposed rules states the requirements as listed in the State National Harmonization Program. USDA developed the State National Harmonization program requirements as a means to establish minimum quality requirements for potato seed quality to facilitate international export of seed potatoes. These requirements are listed in USDA’s program. Section 2.1.6 states the seed must meet the requirements of the late blight quarantine. The late blight quarantine is the only applicable quarantine at this time. The Colorado Department of Agriculture has not adopted any other quarantine for seed potatoes.
4)	Part 3.0: Section 35-27.3.108(1)(b)(I), C.R.S. of the Act requires the Commissioner to establish requirements for compliance verification, testing, sampling, and inspection. Part 3.0 states the requirements. 400 tubers is the common quantity used for disease analysis in potatoes. These figures come from both certified seed potato regulations as well as requirements for disease monitoring on potato tubers for export. The Acts states that a grower must submit seed stock to the certifying authority of Colorado for testing and the certifying authority of Colorado approves the seed stock for planting. Colorado State University is the certifying authority for seed potatoes in Colorado. Colorado State University operates the San Luis Valley Research Center Laboratory for potato testing so this is the best laboratory for potato disease testing.
5)	Part 4.0: Section 35-27.3.108(1)(b)(II), C.R.S. of the Act requires the Commissioner to specify quality or disease standards for potatoes. Part 4.0 of the proposed rules states these requirements. These standards are based on seed certification requirements for potatoes. These are generally accepted standards for disease prevention and control.
Section 35-27.3.108(1)(b)(IV), C.R.S. requires the Commissioner to set standards for uncertified seed stock that may be planted pursuant to § 35-27.3-105(2)(b), C.R.S. These standards are in Part 4.0 of the rules also mentioned above.
6)	Part 5.0: Section 35-27.3.108(1)(b)(III) C.R.S. requires the Commissioner to adopt rules to allow for the random selection of ten percent of potato growers subject to the annual records review required under § 35-27.3-106(2), C.R.S. These proposed rules are stated in Part 5.0. The most objective manner to choose the ten percent is through a computer random number generator. The Department has the software to do this.
7)	Part 6.0: The Commissioner also has the authority in § 35-27.3-108, C.R.S. to adopt rules necessary for the administration and enforcement of this article. Part 6.0 of the proposed rules was developed to provide guidance to growers seeking an exemption pursuant to § 35-27.3.105(3), C.R.S. This rule states where the grower must submit their request and also states that the Commissioner will notify the grower when an exemption is authorized.
8)	Part 7.0: Section 35-27.3.108(1)(b)(V), C.R.S. requires the Commissioner to establish methods for determining that bacterial ring rot or an unacceptable level of community diseases is not present in seed potatoes planted under § 35-27.3-105 (3), C.R.S. These requirements are stated in part 7.0 of the rules. The number of tubers from each lot that must be submitted and who will do the testing are the same as previously described for Part 3.0 of the rules. This testing is the same process.
9)	Part 8.0: Section 35-27.3.108(1)(b)(VII), C.R.S. requires the Commissioner to set a schedule of fees for services performed by the Department. These fees are stated in Part 8 of the proposed rules. The fees are based on actual costs of services from the Department.
10)	Part 9.0: Section 35-27.3.104, C.R.S. requires the Commissioner to establish the amount of seed potatoes that are sufficient to plant one or more acres as this is the threshold for determining if a grower must be in compliance with the Act. This amount is stated in Part 9.0 of the proposed rules. Through discussion with the Seed Potato Act Advisory Committee it was determined that based on the variety of seed potatoes being planted the amount to plant one or more acres was up to fifty hundredweight of seed potatoes.