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Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2016-00193

CCR details

Tracking Number 2016-00193
Type of Filing Emergency
Department 1200 Department of Agriculture
Agency 1203 Plant Industry Division
CCR Number 8 CCR 1203-22

Proposed rule

Additional Information
Statutory Authority Sections 35-27.3-101 through 112, C.R.S., specifically, Sections 35-27.3-108(1)(b)(II)
Purpose/Objective of Rule Amend Part 2.2.2 to provide that if a postharvest test is not available in 2016 lots will be evaluated for eligibility for planting based on the second seed certification field inspection results for total viruses. When these Rules were adopted they required all seed potatoes to undergo a postharvest test to be eligible to be planted in 2016 and subsequent years. The postharvest test is typically conducted by CSU. Colorado seed potatoes are certified under rules and regulations promulgated by the Board Of Governors of the CSU system in conjunction with the Colorado Certified Potato Growers Association. When Rule 2.2.2 of the Seed Potato Act was adopted, it was not clear that the Colorado certified seed potato growers rules only required that nuclear stock and Generation 1 seed potatoes be subjected to a postharvest test if the seed was to be sold. A large percentage of nuclear stock and Generation 1 seed potatoes are not sold but rather are retained to be planted by the producer in the next year. Therefore after production of the 2015 seed potato crop, very few lots of nuclear or Generation 1 seed potatoes were subjected to a postharvest test. Without a change to the Rule to allow these two classes of seed potatoes to be planted, almost two entire generations of seed potatoes would be lost and the resulting effect on the availability of seed potatoes to be planted in future years would be catastrophic. It could result in a shortage of certified seed potatoes or potato growers needing to import significant amounts of seed potatoes from other states. This oversight was not noticed until early 2016, well after the postharvest tests could be completed.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Contact Name Karen Lover
Contact Title Executive Assistant
Contact Telephone 3038699004
Contact email karen.lover@state.co.us

Adopted rule

Adopted Rules AdoptedRules02016-00193.rtf
Redline Redline2016-00193.pdf
Emergency Justification EmergencyJustificationPathAttach2016-00193.pdf
Adopting agency Colorado Department of Agriculture
Adopted Date 04/13/2016
Emergency AGO requested date 04/14/2016
Attorney General Opinion 04/25/2016
Colorado Register publication date 05/10/2016
Effective Date 04/13/2016
Inserted into CCR 04/29/2016