HB 1031

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1031
     BY REPRESENTATIVE(S) Soper and Martinez, McCluskie, McCormick,
     Bacon, Boesenecker, Bradley, Brooks, Brown, Caldwell, Camacho, Carter,
     Clifford, Duran, Froelich, Garcia, Garcia Sander, Goldstein, Gonzalez R.,
     Jackson, Joseph, Lieder, Lindsay, Lukens, Marshall, Mauro, Nguyen,
     Paschal, Phillips, Richardson, Ricks, Rutinel, Slaugh, Smith, Stewart K.,
     Story, Suckla, Titone, Valdez, Winter T., Woodrow, Woog;
     also SENATOR(S) Roberts and Catlin, Bridges, Baisley, Ball, Bright,
     Exum, Frizell, Hinrichsen, Jodeh, Kipp, Kirkmeyer, Liston, Marchman,
     Pelton B., Pelton R., Simpson, Weissman, Zamora Wilson, Coleman.
     CONCERNING PROTECTIONS FOR CERTAIN AGRICULTURAL PRODUCTS GROWN
          IN COLORADO.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds and determines that:
           (a) Colorado is one of the United States' premier agricultural
     growing states;
             (b) Given the state's cool nights, warm days, high elevations, and
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
pure Rocky Mountain snowmelt water, Colorado-grown produce is sweeter,
more flavorful, and higher quality than produce from states or regions
without Colorado's geographical and climate advantages;
       (c) Coloradans will often spend a premium to buy from local
farmers, particularly if the produce is being marketed as one of the state's
famous agricultural products from a historic growing region, including
Olathe sweet corn, Palisade peaches, Pueblo chilies, Rocky Ford
cantaloupes, and San Luis Valley potatoes;
       (d) Because Coloradans will often spend a premium for agricultural
products grown in the state, there has been a trend of counterfeit produce
coming into Colorado where retailers at stores, farmers' markets, or farm
stands will market or advertise their produce as being grown in the state,
when the produce is actually grown outside of the state; and
      (e) This practice is deceptive to consumers and is unfair to Colorado
farmers that grow their produce in the state.
       (2) The general assembly therefore declares that, to ensure consumer
protection and fairness to Colorado farmers that are selling their produce
within Colorado, it is critical to ensure that the state has the legal tools
necessary to protect against persons making false claims that an agricultural
product is grown in the state, when it is actually grown outside of the state.
      SECTION 2. In Colorado Revised Statutes, add 35-1-122 as
follows:
       35-1-122. Protections for certain agricultural products grown in
the state - use of Colorado proud designation - deceptive trade practice
- definition.
       (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "AGRICULTURAL PRODUCT" OR "PRODUCT" MEANS A PLANT,
FRUIT, VEGETABLE, OR FUNGUS THAT IS:
       (a) IN A RAW OR UNPROCESSED STATE;
     (b) SOLD, MARKETED, ADVERTISED, OR DISTRIBUTED FOR HUMAN
CONSUMPTION; AND
PAGE 2-HOUSE BILL 26-1031
      (c) GROWN USING THE ART AND SCIENCE OF FARMING OR
HORTICULTURE OR IN A GREENHOUSE OR CONTROLLED ENVIRONMENT
AGRICULTURAL FACILITY, AS DEFINED IN SECTION 39-1-102 (3.3).
      (2) A PERSON SHALL NOT IDENTIFY AN AGRICULTURAL PRODUCT AS
BEING GROWN IN THE STATE WHEN SELLING, MARKETING, ADVERTISING, OR
DISTRIBUTING THE PRODUCT IN THE STATE UNLESS THE PRODUCT IS GROWN
IN THE STATE.
       (3) A PERSON SHALL NOT USE THE COLORADO PROUD DESIGNATION
OR LOGO ESTABLISHED BY THE DEPARTMENT OR A TRADEMARKED VERSION
OF THE DESIGNATION OR LOGO UNLESS THE USE IS AUTHORIZED BY THE
DEPARTMENT.
      (4) A VIOLATION OF THIS SECTION CONSTITUTES A DECEPTIVE TRADE
PRACTICE UNDER SECTION 6-1-105 (1)(qqqq). THIS SECTION DOES NOT
PROVIDE THE BASIS FOR, AND IS NOT SUBJECT TO, A PRIVATE RIGHT OF
ACTION FOR VIOLATIONS OF THIS SECTION.
        SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(qqqq)
as follows:
       6-1-105. Unfair or deceptive trade practices - definitions.
       (1) A person engages in a deceptive trade practice when, in the
course of the person's business, vocation, or occupation, the person:
       (qqqq) VIOLATES SECTION 35-1-122.
        SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
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       (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                   _________________________________________
                  Jared S. Polis
                  GOVERNOR OF THE STATE OF COLORADO
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