8 CCR 1202-18 Part 1 - DEFINITIONS

1.1 "Actively engaged in the transition to certified organic agriculture" means that land is being managed according to the rules implementing the National Organic Program ("NOP") at 7 CFR Part 205 (as incorporated herein by reference) for 36 months prior to harvest of the first organic crop and being certified organic by a United States Department of Agriculture ("USDA") NOP accredited certifier.

1.2 "Agricultural activities" are those services or activities included in section 203(f) of the federal Fair Labor Standards Act of 1983, 29 U.S.C. § 201 et seq., as amended, or section 3121(g) of the federal Internal Revenue Code of 1986, as amended (both as incorporated herein by reference).

1.3 "Agricultural employee" has the same meaning set forth in § 8-2-206(1)(b), C.R.S. (as incorporated herein by reference).

1.4 "Agricultural employer" has the same meaning set forth in § 8-3-104(1), C.R.S. (as incorporated herein by reference).

1.5 "Agricultural property" means a contiguous or non-contiguous parcel of land on which agricultural activities are conducted and which is owned or leased by the same person or entity, including property leased from the federal or state government. Agricultural properties do not include properties owned or leased by the state or political subdivisions of the state, including state institutions of higher education, on which agricultural activities occur.

1.6 "Commissioner" means the Commissioner of the Colorado Department of Agriculture.

1.7 "Department" means the Colorado Department of Agriculture.

1.8 "Exempt Activity" means any activity described under §§ 8-13.5-203(2)(c), C.R.S., (as incorporated herein by reference).

1.9 "Farm Record" means any record or other business-related information that identifies a farm's ownership or contains trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data. Such record or information can be in written, printed, photographic, electronic or digital format and can include, but is not required to include: crop information, financial information, purchase and sale information, operational protocols, or account numbers or unique identifiers issued by government or private entities.

1.10 "Organic System Plan" has the same meaning set forth in 7 C.F.R. § 205.2 (as incorporated herein by reference).

1.11 "Prolonged" means continuing for a long, uninterrupted period of time that lasts longer than is necessary to accomplish a given objective or end.

1.12 "Suitable and appropriate" means acceptable or right for a particular purpose or situation.

1.13 "Unnecessary" means not required to be done, achieved, or present, including not needed to achieve a given objective or end.

1.14 "Variance certificate" means a written or electronic document issued by the Colorado Department of Agriculture to an agricultural employer that permits more than occasional or intermittent hand-weeding of agricultural or horticultural products on an agricultural property(ies) owned or leased by the agricultural employer.

Notes

8 CCR 1202-18 Part 1

45 CR 01, January 10, 2022, effective 1/30/2022