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 1.	DEFINITION AND CONSTRUCTION OF TERMS.
1.1.	As used in these rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these rules shall have the meaning set forth for such terms in the Act.
1.2.	As used in these rules, unless the context otherwise requires:
(a)	“Adulterated” refers to
(1)	Any seed whose purity deviates beyond the accepted tolerances from the professed purity stated on its labeling or under which it is sold; or
(2)	Any seed whose components or their relative proportions differ from those stated on its labeling; or
(3)	Any substance which has been substituted wholly or in part for a seed; or
(4)	Any seed from which any valuable constituent has been wholly or partly abstracted; or
(5)	Any seed in which any contaminant is present in an amount which is determined by the Commissioner to be a hazard.
 (b)	“Agricultural seed” means: the seed of grass, forage, cereal, and fiber crops; and other kinds of seeds commonly recognized within this state as agricultural, field, or turf seeds; and mixtures of such seeds.
(c)	“Engaged in the business of conditioning seed” means: conditioning seed in Colorado in return for money or anything of value, including goods or services.
(d)	“Engaged in the business of labeling seed” means: labeling seed for sale in Colorado in return for money or anything of value, including goods or services.
(e)	The term “farmer seed labeler” is limited to those persons who label only the seed produced for sale in Colorado on property in Colorado owned or rented by such person or such person's employer. Any person who labels, in addition to seed produced for sale in Colorado on property in Colorado owned or rented by such person or such person's employer, other seed is a “seed labeler”.
(f)	“Hybrid seed” means: the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open-pollinated variety; or (3) two varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.
(g)	The term “misbranded” shall apply:
(1)	To any seed if it’s labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;
(2)	To any seed:
(I)	If it is an imitation of or is offered for sale under the name of another seed;
(II)	If any word, statement, or other information required by this article or rules adopted under this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(h)	“Mixture” means: seed consisting of more than one kind, each in excess of five percent by weight of the whole.
(i)	“Produces seed for sale” means: producing seed for exchange in Colorado for money or anything of value, including goods or services.
(j)	“Tetrazolium Test (TZ)”: a biochemical seed viability test using the compound 2,3,5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the Tetrazolium Subcommittee of the Association of Official Seed Analysts, (October 2010 ) . (As to incorporation of materials see Part 14.) 
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 $75.00.
2.9.	The annual registration fee for a second business location for seed labelersand custom seed conditionersshall be $75.00.
2.9.1.	the annual registration fee for a second business location for 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 5.	KINDS OF FLOWER SEEDS SUBJECT TO GERMINATION LABELING REQUIREMENTS AND GERMINATION STANDARDS FOR FLOWER SEEDS.
5.1.	The kinds of flowers seeds listed below are those for which standard testing procedures have been prescribed (except those kinds preceded by an asterisk) and which are required to be labeled in accordance with the germination labeling provisions of these rules. The percentage listed opposite each kind is the germination standard for that kind. The percentage germination is the total of percentage germination and percentage hard or dormant seed.

Kind	%	
Achillea (yarrow) - Achillea spp.	50	
African Daisy (cape-marigold) - Castalis tragus (syn. Dimorphotheca aurantiaca, D. sinuata)	55	
African Violet - Saintpaulia spp.	30	
Ageratum - Ageratum houstonianum	60	
Agrostemma (rose campion) - Lychnis coronaria	65	
Alyssum - Alyssum spp., Lobularia maritima	60	
Amaranth - Amaranthus spp.	65	
Anagallis (pimpernel) - Anagallis arvensis, A. coerulia, A. grandiflora	60	
Anemone - Pulsatilla vulgaris	55	
Angel's Trumpet - Burgmansia arborea	60	
Arabis (Rockcress) - Arabis alpina	60	
Arctotis (African-lilac daisy) - Arctotis stoechadifolia var. grandis	45	
Armeria - Armeria spp.	55	
Asparagus, Fern - Asparagus setaceus	50	
Asparagus, Sprenger - Asparagus densiflorus cv. Sprengeri	55	
Aster, China - Callistephus chinensis; except Pompon, Powderpuff and Princess types	55	
Aster, China - Callistephus chinensis; Pompon, Powderpuff and Princess types	50	
Aubrieta (purple rock cress) - Aubrieta deltoidea	45	
*Baby Smilax - Asparagus asparagoides	25	
Balsam - Impatiens balsamina	70	
Begonia (fibrous rooted) - Begonia spp.	60	
Begonia (tuberous rooted) - Begonia spp.	50	
Bells-of-Ireland - Molucella laevis	60	
Black-eyed-Susan - Rudbeckia hirta	60	
Brachycome (swan river daisy) - Brachycome iberidifolia	60	
Browallia - Browallia elata and B. speciosa	65	
Bupthalmum (willowleaf oxeye) - Bupthalmum salicifolium	60	
Calceolaria - Calceolaria spp.	60	
Calendula - Calendula officinalis	65	
California-poppy - Eschscholzia californica	60	
Campanula:		
 	Canterbury Bells - Campanula medium	60	
 	Cup and Saucer Bellflower - Campanula medium cv. Calycanthema	60	
 	Carpathian Bellflower - Campanula carpatica	50	
 	Peach Bellflower - Campanula persicifolia	50	
Candytuft, Annual - Iberis amara, I. umbellata	65	
Candytuft, Perennial - Iberis gibraltarica, I. sempervirens	55	
Castorbean - Ricinus communis	60	
Cathedral Bells - Cobaea scandens	65	
Celosia - Celosia argentea	65	
Centaurea:		
 	Basket Flower - Centaurea americana	60	
 	Cornflower (bachelor's button) - Centaurea cyanus	60	
 	Dusty-miller - Centaurea cineraria	60	
 	Royal Centaurea - Centaurea imperialis	60	
 	Sweet Sultan - Amberboa moschata	60	
 	Velvet Centaurea - Centaurea gymnocarpa	60	
Cerastium (Snow-in-summer) - Cerastium tomentosum	65	
*Chickweed, Tarus - Cerastium biebersteinii	65	
Chinese Forget-me-not - Cynoglossum amabile	55	
Chrysanthemum, Annual (not: painted daisy) - Chrysanthemum carinatum	40	
Chrysanthemum, Garland - Chrysanthemum coronarium	40	
Cineraria - Senecio cruentus	60	
Clarkia - Clarkia unguiculata	65	
Cleome - Cleome hassleriana	65	
Coleus - Coleus blumei	65	
Columbine - Aquilegia spp.	50	
Coneflower, Purple - Echinacea purpurea	60	
Coral Bells - Heuchera sanguinea	55	
Coreopsis, Lance-leaved (tickseed) - Coreopsis lanceolata	40	
Coreopsis, Plains (calliopsis) - Coreopsis tinctoria (syn. C. bicolor)	65	
Corn, Ornamental - Zea mays subsp. mays	75	
Cosmos:	 	
 	Sensation, Mammoth and Crested types - Cosmos bipinnatus	65	
 	Klondyke type - Cosmos sulphureus	65	
Crossandra - Crossandra infundibuliformis	50	
Dahlia - Dahlia spp.	55	
*Daylily - Hemerocallis spp.	45	
Delphinium, Perennial:	 	
 	Cardinal Larkspur - Delphinum cardinale	55	
 	Chinensis types, Belladonna types and hybrids - D. elatum	55	
Dianthus:	 	
 	Carnation - Dianthus caryophyllus	60	
 	China Pinks - Dianthus chinensis	70	
 	Grass Pinks - Dianthus plumarius	60	
 	Maiden Pinks - Dianthus deltoides	60	
 	Sweet William - Dianthus barbatus	70	
 	Sweet Wivelsfield - Dianthus X allwoodi	60	
Didiscus (blue lace flower) - Trachymene coerulea	65	
Doronicum (leopard's bane) - Doronicum orientale	60	
Dracaena - Cordyline australis	55	
*Dragon Tree - Dracaena draco	40	
English Daisy - Bellis perennis	55	
Flax:	 	
 	Flowering Flax - Linum grandiflorum	60	
 	Golden Flax - Linum flavum	60	
 	Scarlet flax - Linum grandiflorum cv. Rubrum	60	
 	Lewis flax (blue flax) - Linum lewisii	60	
 	Perennial Flax (blue flax) - Linum perenne	60	
*Flowering Maple - Abutilon spp.	35	
Foxglove - Digitalis spp	60	
Gaillardia: (indian blanketflower, blanketflower, firewheel)	 	
 	Gaillardia, Annual - Gaillardia pulchella	45	
 	Gaillardia, Perennial - Gaillardia aristata	45	
Gerbera (transvaal daisy) - Gerbera jamesonii	60	
Geum - Geum spp.	55	
Gilia - Gilia spp.	65	
Gloxinia - Sinningia speciosa	40	
Godetia - Clarkia concinna	65	
Gourds:	 	
 	Yellow flowered - Cucurbita pepo	70	
 	White flowered - Lagenaria siceraria	70	
 	Dishcloth Gourd (luffa sponge) - Luffa aegyptiaca	70	
Gypsophila:	 	
 	Annual Baby's-Breath - Gypsophila elegans	70	
 	Perennial Baby's-Breath - Gypsophila paniculata, G. pacifica, G. repens	70	
Helenium - Helenium autumnale	40	
Helichrysum - Helichrysum bracteatum	60	
Heliopsis - Heliopsis helianthoides	55	
Heliotrope - Heliotropium spp.	35	
Helipterum (Acroclinium) - Helipterum roseum	60	
Hesperis (sweet rocket, dame's rocket) - Hesperis matronalis	65	
Hollyhock - Alcea rosea	65	
Hunnemania (mexican tulip poppy) - Hunnemania fumariifolia	60	
Hyacinth Bean - Lablab purpureus	70	
Impatiens - Impatiens hostii, I. sultani	55	
Ipomea:	 	
 	Cypress Vine - Ipomea quamoclit	75	
 	Moonflower - Ipomea alba	75	
 	Morning Glories, Cardinal Climber, Hearts and Honey Vine - Ipomea spp	75	
Jerusulem Cross (maltese cross) - Lychnis chalcedonica	70	
Job's Tears - Coix lacryma-jobi	70	
Larkspur, Annual - Consolida ajacis (syn. Delphinium ajacis, D. ambiguum)	60	
Lantana - Lantana camara	35	
Lilium (regal lily) - Lilium regale	50	
Linaria - Linaria spp.	65	
Lobelia, Annual - Lobelia erinus	65	
Lunaria, Annual - Lunaria annua	65	
Lupine - Lupinus spp.	65	
Marigold - Tagetes spp	65	
Marvel of Peru (four-o'clock) - Mirabilis jalapa	60	
Matricaria (feverfew) - Tanacetum parthenium	60	
Mignonette - Reseda odorata	55	
Myosotis (forget-me-not) - Myosotis alpestris, M. sylvatica, M. scorpioides	50	
Nasturtium - Tropaeolum spp.	60	
Nemesia - Nemesia spp.	65	
Nemophila (baby-blue-eyes) - Nemophila menziesii	70	
Nemophila, Spotted (five-spot) - Nemophila maculata	60	
Nicotiana - Nicotiana alata, N. X sanderae, N. sylvestris	65	
Nierembergia - Nierembergia spp.	55	
Nigella (love-in-a-mist) - Nigella damascena	55	
		
Painted Daisy - Chrysanthemum coccineum	60	
Pansy - Viola tricolor	60	
Penstemon - Penstemon barbatus, P. grandiflorus, P. laevigatus, P. hirsutus	60	
Petunia - Petunia spp.	45	
Phacelia - Phacelia campanularia, P. minor, P. tanacetifolia	65	
Phlox, Annual - Phlox drummondii all types and varieties	55	
Physalis (husk tomato, Chinese lanternplant) - Physalis spp.	60	
Platycodon (balloon flower) - Platycodon grandiflorus	60	
Plumbago, Cape - Plumbago auriculata	50	
*Ponytail - Beaucarnea recurvata	40	
Poppy:	 	
 	Shirley Poppy (corn poppy) - Papaver rhoeas	60	
 	Iceland Poppy - Papaver nudicaule	60	
 	Oriental Poppy - Papaver orientale	60	
 	Tulip Poppy - Papaver glaucum	60	
Portulaca (rose moss) - Portulaca grandiflora	55	
Primula (primrose) - Primula spp.	50	
Pyrethrum (painted daisy) - Chrysanthemum coccineum	60	
Salpiglossis - Salpiglossis sinuata	60	
Salvia:	 	
 	Scarlet Sage - Salvia splendens	50	
 	Mealycup Sage (blue bedder) - Salvia farinacea	50	
Saponaria - Saponaria ocymoides, Vaccaria hispanica	60	
Scabiosa: (pincushion flowers)	 	
 	Scabiosa, Annual (mourning-bride) - Scabiosa atropurpurea	50	
 	Scabiosa, Perennial - Scabiosa caucasica	40	
Schizanthus (butterfly flower) - Schizanthus spp	60	
Sensitive Plant (mimosa) - Mimosa pudica	65	
Shasta Daisy - Leucanthemum X superbum, L. vulgare	65	
Silk Oak - Grevillea robusta	25	
Snapgragon - Antirrhinum spp.	55	
Solanum - Solanum spp.	60	
Statice - Limonium sinuatum, Psylliostachys suworonii	50	
Stocks:	 	
 	Common - Matthiola incana	65	
 	Evening Scented - Matthiola logipetala subsp. bicornis	65	
Summer Cypress - Kochia scoparia cv. Trichophylla	55	
Sunflower - Helianthus spp	70	
Sunrose - Helianthemum spp	30	
Sweet Pea:	 	
 	Annual (other than dwarf bush) - Lathyrus odoratus	75	
 	Annual (dwarf bush) - Lathyrus odoratus	65	
 	Perennial - Lathyrus latifolius	75	
Tahoka Daisy - Machaeranthera tanacetifolia	60	
Thunbergia (black-eyed Susan vine) - Thunbergia alata	60	
Torch Flower (Mexican sunflower) - Tithonia rotundifolia	70	
Torenia (wishbone flower) - Torenia fournieri	70	
Tritoma (red-hot-poker, poker plant) - Kniphofia spp.	65	
Verbena, Annual - Verbena X hybrida	35	
Vinca - Catharanthus roseus	60	
Viola (Johnny-jump-up) - Viola cornuta	55	
Virginian Stocks - Malcolmia maritima	65	
Wallflower - Cheiranthus cheiri	65	
Yucca (Adam's needle) - Yucca filamentosa	50	
Zinnia:	 	
 	Zinnia (except Creeping) - Zinnia augustifolia, Z. violacea, Z. grandiflora, Z. haageana, Z. peruviana, Z. acerosa	65	
 	Zinnia, Creeping - Sanvitalia procumbens	50	
All other kinds	50	
5.2.	A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds constituting 25 percent or more of the mixture by number is below standard for the kind or kinds involved.
Part 10.	THE SAMPLING OF SEED LOTS.
10.1.	General Procedure:
(a)	In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of that quantity.
(b)	For free-flowing seed in bags or bulk, a probe or trier, shall be used. For small free-flowing seed in bags a probe or trier long enough to sample all portions of the bag shall be used.
(c)	Nonfree-flowing seeds, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions.
(d)	Composite samples shall be obtained to determine the quality of a lot of seed, such as the percentages of pure seed, other crop seed, weed seed, inert matter, noxious weed seed, germination, varietal purity, freedom from disease, and effectiveness of seed treatment. Individual bag samples may be obtained to determine whether the seed is of uniform quality.
10.2.	Sampling Equipment:
For sampling seeds in bags a trier long enough to reach all areas in the bag shall be used. The trier shall be so designed that it will remove an equal volume of seed from each part of the bag through which the trier travels. Unless the trier has partitions in the seed chamber it must be inserted into the bags horizontally. Nonfree-flowing seeds difficult to sample with a trier shall be sampled by thrusting the hand into the seed and removing representative portions. When a sample is taken with the hand, insert the hand flat and with the fingers together. Keep the fingers together as the hand is closed and withdrawn. Because of possible segregation, hand samples should be taken from various points in bags or in bulk.
10.3.	Obtaining a “Submitted Sample”:
(a)	Seed in Bags:
(1)	When more than one core is drawn from a bag, follow different paths. When more than one handful is taken from a bag, take them from well separated points.
(2)	For lots of one to six bags, sample each bag and take a total of at least five cores or handfuls.
(3)	For lots of more than six bags, sample five bags plus at least 10% of the number of bags in the lot. Round numbers with decimals to the nearest whole number. Regardless of the lot size, it is not necessary to sample more than thirty bags.

Examples:	 	 	 	 	 	 	 	 	
No. bags in lot	7	10	23	50	100	200	300	400	
No. bags to sample	6	6	7	10	15	25	30	30	
(b)	Bulk Seed: To obtain a composite sample, take at least as many cores or handfuls as if the same quantity of seed were in bags of an ordinary size. Take the cores or handfuls from well distributed points throughout the bulk.
(c)	Seed in small containers: Seed in small containers shall be sampled by taking entire unopened containers in sufficient number to supply a minimum size sample as required in Part 10.4. The contents of a single container or the combined contents of multiple containers of the same lot shall be considered representative of the entire lot of seed sampled.
10.4.	Size of Submitted Sample:
(a)	For the composite sample to test for quality. The following are minimum weights for samples of seed to be submitted for analysis, test or examination.
(1)	Two ounces (approximately 55 grams) of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these.
(2)	Five ounces (approximately 150 grams) of red or crimson clover, alfalfa, lespedezas, ryegrasses, bromegrasses, millet, flax, rape, or seeds of similar size.
(3)	One pound of sudangrass, proso, or seeds of similar size.
(4)	Two pounds (approximately 1,000 grams) of cereals, vetches, sorghums, or seeds of similar or larger size.
(5)	Vegetable and ornamental seed samples shall consist of at least 800 seeds per sample. If a purity analysis or a noxious weed seed examination is required, the submitted sample shall provide at least the minimum weights of working samples set forth in Association of Official Seed Analysts Rules for Testing Seeds (October 2018). (As to incorporation of materials see Part 14.)
(6)	Tree and shrub seed samples shall consist of at least 600 seeds per sample for germination purposes (1,000 seeds for paired tests). If a purity analysis or a noxious weed seed examination is required, the submitted sample shall provide at least the minimum weights of working samples set forth in Association of Official Seed Analysts Rules for Testing Seeds (October 2018). (As to incorporation of materials see Part 14.)
(b)	For individual bag samples to test for uniformity:
(1)	The size of any individual bag sample to determine uniformity in a lot of seed shall be not less than the quantities set out in the column “Minimum Weight for Noxious Weed Seed Examination” for the respective kinds of seed listed in Table 1, found in Association of Official Seed Analysts Rules for Testing Seeds,  (October 2018). (As to incorporation of materials see Part 14.)
(2)	If the sample drawn is larger than required it shall be thoroughly mixed before it is divided to the desired size.
10.5.	Forwarding and Receipt of Official Samples: Before being forwarded to analysis, test, or examination the containers of official samples shall be properly sealed, identified, initialed and dated.
Part 11.	ANALYSIS AND TESTING OF SEEDS.
11.1.	The methods of analyzing and testing seed samples shall be the same as prescribed in the Association of Official Seed Analysts Rules for Testing Seeds (October 2018) (as to incorporation of materials see Part 14), except that: 
a)	Kinds of seeds that do not have germination testing protocols in the Association of Official Seed Analysts Rules for Testing Seeds (October 2018) may be tested with a tetrazolium test in place of a germination test; and
b)	Notwithstanding the fact that such protocols exist for Indian ricegrass (Achnatherum hymenoides), fourwing saltbrush (Atriplex canescens), and chokecherry (Prunus virginiana), these kinds of seeds may also be tested with a tetrazolium test in place of a germination test.
11.2.	Except as provided in Rule 11.3 below, a standard germination test is valid for thirteen (13) months, unless the seed is stored in a hermetically sealed container, in which case it shall be valid for twenty-four (24) months.
11.3	Germination tests for seeds of the following kinds of cool season lawn and turf grasses shall be valid for sixteen (16) months, unless hermitically sealed: colonial bentgrass, creeping bentgrass, Kentucky bluegrass, chewings fescue, hard fescue, red fescue, tall fescue, annual ryegrass, intermediate ryegrass, and perennial ryegrass. If the seed is stored in a hermitically sealed container the test shall be valid for twenty-four (24) months.
11.4	The time for which a tetrazolium test is valid in place of a germination test shall be thirteen (13) months, unless the seed is stored in a hermetically sealed container, in which case it shall be valid for twenty-four (24) months.
Part 12.	TOLERANCES.
12.1.	Tolerances allow for the variation which may reasonably be expected in results obtained from different analyses or tests of the same lot of seed. They are for the protection of the labeler and shall not be used to show higher quality on the label than is indicated by the test.
12.2.	Tolerances and methods of determination used in the enforcement of these rules shall be the same as prescribed in the Association of Official Seed Analysts Rules for Testing Seeds (October 2018). (As to incorporation of materials see Part 14.)
Part 14.	INCORPORATION BY REFERENCE.
14.1.	 The 2010 edition of the Tetrazolium Testing Handbook (“Handbook”), published by the Society of Commercial Seed Technologists and the Association of Official Seed Analysts, is hereby incorporated by reference and made a part of these Rules. The incorporated Handbook does not include later revisions. The Handbook is available for public inspection during regular business hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021.
14.2.	The October 2018 edition of the Rules for Testing Seed (“Testing Rules”), published by the Association of Official Seed Analysts, is hereby incorporated by reference and made a part of these Rules. The incorporated Testing Rules do not include later revisions. The Testing Rules are available for public inspection during regular business hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021.
Part 20.	STATEMENTS OF BASIS AND PURPOSE.
20.7	Adopted June 12, 2019 – Effective July 30, 2019
Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the 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:
1.	Increase the registration fee paid by retail seed dealers from $50 to $75 per year.
2.	Increase the additional location fee paid by seed dealers and seed conditioners from $25 to $75 per year. 
3.	Update the reference to the Tetrazolium Test to the 2010 edition, published by the Society of Commercial Seed Technologists and the Association of Official Seed Analysts.
4.	Update the reference used to measure tolerance of seed testing when enforcing truth in labeling to the October 2018 edition of the Rules for Testing Seeds, published by the Association of Official Seed Analysts.
5.	Update the department address to its current location in Broomfield, CO.
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.  The current registration fees do not provide sufficient revenue to administer the Seed Program effectively, and, without increasing the fees, the Department would need to cut back on work conducted by the Seed Program (i.e., seed collection, sampling, and testing). To Date, the Department has curtailed its sampling from 550 seed samples in 1999 to 250 seed samples at present and over 900 seed inspections per year in the late 1990s to approximately 300 inspections per year at present.
2.	Pursuant to section 35-27-111, C.R.S., there are four types of seed registrations: seed conditioners, farmer seed labelers, retail seed dealers, and seed labelers.  The only fees not presently at the statutory cap are the retail seed dealer registration fee and additional location fees for seed labelers and seed conditioners.  therefore, these are the only categories in which the Department may increase fees.
3.	The Industry Seed Ad Hoc Advisory Committee recommended that fees be increased to address the funding deficit and to ensure that program activities not be negatively affected.
4.	The Seed Program has an average of 900 retail seed dealer registrations per year (355 primary locations + 563 additional locations). 355 registrations multiplied by the $25 increase would generate roughly $8,875 for the Seed Program.
5.	The Seed Program has an average of 300 registered seed labelers and seed conditioners, with approximately 50 of those 300 registrations including additional locations.  Increasing the additional location fee for these businesses would raise $2,500 for the Seed Program.
6.	The Department has not increased fees for the retail seed dealer category since 2009.
7.	The Department has not increased fees for the seed labeler and seed conditioner categories since those categories were formed and associated fees set in 1993.