FirstHB1191_S_AGR.001 RegularNOT SessionAMENDED Seventy-secondSENATE GeneralCOMMITTEE AssemblyOF STATEREFERENCE OFREPORT COLORADO_______________________________ REENGROSSEDMarch This14, Version2019 IncludesChair Allof AmendmentsCommittee AdoptedDate inCommittee on Agriculture & Natural Resources After consideration on the Housemerits, ofthe IntroductionCommittee LLSrecommends NO.the following:

19-0853.01HB19-1191 Bobbe Lacknerreferred x4350to HOUSEthe BILLCommittee 19-1191of HOUSEthe SPONSORSHIPWhole Arndt,with Becker,favorable Bockenfeld,recommendation. Buckner, Buentello, Carver, Duran, Esgar, Exum, Gray, Hansen, Kipp, Liston, Lontine, McCluskie, McLachlan, Mullica, Ransom, Roberts, Saine, Sandridge, Singer, Snyder, Tipper, Titone, Valdez A., Valdez D.

SENATE** SPONSORSHIP*** Donovan,** House*** Committees** Senate*HB1191_S_AGR.001* Committees Rural Affairs & Agriculture A BILL FOR AN ACT C ONCERNING THE ABILITY OF A FARM STAND TO BE OPERATED ON A PRINCIPAL USE SITE OF ANY SIZED LAND AREA REGARDLESS OF WHETHERTHESITEHASBEENZONEDBYALOCALGOVERNMENT FOR AGRICULTURAL OPERATIONS .

Bill Summary e n m 1 (Note:

This summary applies to this bill as introduced and does E n 2 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill U U 8 O i c passes third reading in the house of introduction, a bill summary that H a a applies to the reengrossed version of this bill will be available at R M http://leg.colorado.gov.) r The bill defines "farm stand" to mean a temporary or permanent structure used for the sale and display of agricultural products resulting i from agricultural operations that are conducted on the principal use site a 1 E e 2 U d 7 O 2 c Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

H d a Capital letters or bold & italic numbers indicate new material to be added to existing statude.M Dashes through the words indicate deletions from existing statute.

e A on which the farm stand is located.

The bill permits a farm stand of any land size located anywhere within the state to undertake agricultural operations on its principal use siteregardlessofwhetherthelandareaonwhichthefarmstandislocated has been zoned to conduct agricultural operations.

The retail sale of goods to the public by a farm stand must include goods or other agricultural products that are grown or produced ontheprincipal use site on which the farm stand is located.

The bill permits a local government to enact an ordinance, resolution, or other form of law within the particular jurisdiction to facilitate the operation of the bill by the local government, but in no way shall any such local law limit or restrict the bill.

Be it enacted by the General Assembly of the State of Colorado:

SECTION1.

InColoradoRevisedStatutes,addarticle30totitle 29 as follows:

ARTICLE 30 Farm Stands 29-30-101.

Legislativedeclaration.(1) TNERALASSEMBLY HEREBY FINDS,DECLARES ,AND DETERMINES THAT:

(a) TE DIRECT MARKETINGOFAGRICULTURALPRODUCTSTOTHE PUBLIC THROUGH FARM STANDS BENEFITS THE AGRICULTURAL COMMUNITYANDTHECONSUMERBY ,AMONGOTHERBENEFITS ,PROVIDING ANALTERNATIVEMETHODFORAGRICULTURALPRODUCERSTOSELLTHEIR PRODUCTS WHILE SUPPLYING QUALITY AGRICULTURAL PRODUCTS AT REASONABLE PRICES;

(b) THE DIRECT MARKETING OF AGRICULTURAL PRODUCTS BENEFITS THE AGRICULTURE INDUSTRY BY BRINGING PRODUCERS OF AGRICULTURAL GOODS FACE -TO-FACE WITH CONSUMERS;

(c) THE STATE HAS A COMPELLING INTEREST IN MAXIMIZING THE PROMOTION OF AGRICULTURAL GOODS PRODUCED OR GROWN IN C OLORADO AND IN PROMOTING ACCESS TO A WIDE VARIETY OF -2- 1191 C OLORADO PRODUCED AGRICULTURAL PRODUCTS ;

(d) FARM STANDS ALLOW FARMERS AND OTHER AGRICULTURAL PRODUCERS TO SELL FRESH AGRICULTURAL PRODUCE AND OTHER AGRICULTURALGOODSGROWNONTHEPRINCIPALUSESITEONWHICHTHE FARMSTANDISLOCATEDASWELLASOTHERFOODPRODUCTSMADE WITH INGREDIENTS PRODUCED ON OR NEAR THE PRINCIPAL USE S;AND (e) I MANY JURISDICTIONS ACROSS THE STA,A FARM STAND IS NOT PERMITTED TO OPERATE IF LOCATED ON A PRINCIPAL USE SITE THAT IS SMALLER THAN A CERTAIN ACREAGE SIZE .

THESE RESTRICTIONS OPERATEINTHISMANNERBECAUSE ,INMANYJURISDICTIONSACROSSTHE STATE,A PRINCIPAL USE SITE CANNOT BE CLASSIFIED AS A FARM THAT IS ABLETOCONDUCTAGRICULTURALOPERATIONSUNLESSTHESITEEXCEEDS A CERTAIN MINIMUM ACREAGE REQUIREMENT .

(2) B Y ENACTING THIS ARTICLE 30 THE GENERAL ASSEMBLY INTENDS TO PROVIDE A UNIFORM AND CONSISTENT PERMISSION ACROSS THESTATEFORFARMSTANDSTOUNDERTAKEAGRICULTURALOPERATIONS ON PRINCIPAL USE SITES THAT ARE SMALLER THAN A CERTAIN ACREAGE SIZE.

SUCH UNIFORMITY IN THE LAW PREVENTS INCONSISTENT APPLICATION OF THE LA,DEPENDING UPON THE POLITICAL SUBDIVISION IN WHICH A FARM STAND MAY BE OPERATED ,AND ASSISTS WITH THE STATE'S EFFORTS TO SUPPORT TO THE GREATEST EXTENT POSSIBLE THE MARKETING OF AGRICULTURAL GOODS PRODUCED OR GROWN IN C OLORADO AND THE PROMOTION OF A WIDE VARIETY OF C OLORADO PRODUCED AGRICULTURAL PRODUCTS .

TOWARD THIS END , THE GENERAL ASSEMBLY FURTHER DECLARES THAT THE MATTERS ADDRESSED IN THIS ARTICL30 ARE MATTERS OF STATEWIDE CONCERN.

29-30-102.

Definitions.ASEDINTHISARTICLE 30,UNLESSTHE -3- 1191 CONTEXT OTHERWISE REQUIRES :

(1) "AGRICULTURAL OPERATIONS "HAS THE SAME MEANING AS SPECIFIED IN SECTI35-3.5-102 (4).

(2) "FARM STAND " MEANS A TEMPORARY OR PERMANENT STRUCTURE USED FOR THE SALE AND DISPLAY OF AGRICULTURAL PRODUCTS RESULTING FROM AGRICULTURAL OPERATIONS THAT ARE CONDUCTED ON THE PRINCIPAL USE SITE ON WHICH THE FARM STAND IS LOCATED .

A FARM STAND MAY SELL AND DISPLAY AGRICULTURAL PRODUCTSRESULTINGFROMAGRICULTURALOPERATIONSNOTCONDUCTED ON THE PRINCIPAL USE SITE TO THE EXTENT PERMITTED BY THE APPLICABLE LOCAL GOVERNMENT .

(3) "LOCAL GOVERNMENT " MEANS A MUNICIPALITY, COUNTY , HOME RULE COUNTY ,OR CITY AND COUNTY.

(4) "PINCIPAL USE"MEANS THE PRIMARY PURPOSE FOR WHICH A STRUCTURE OR LOT IS DESIGNE,ARRANGED ,OR INTENDED.

(5) "PINCIPAL USE SIT"MEANS THE PARCEL OF REAL PROPERTY ONWHICHABUSINESSUNDERTAKESITSPRINCIPALUSEOFTHEPROPERTY .

29-30-103.

Farm stands.

N OTWITHSTANDING ANY OTHER PROVISIONOFLAW ,AFARMSTANDMAYBELOCATEDONAPARCELOFANY SIZE.THE RETAILSALE OF GOODS TO THE PUBLIC BY A FARM STAND MUST INCLUDE GOODS OR OTHER AGRICULTURAL PRODUCTS THAT ARE GROWN OR PRODUCED ON THE PRINCIPAL USE SITE ON WHICH THE FARM STAND IS LOCATED OR MAY INCLUDE AGRICULTURAL PRODUCTS RESULTING FROM AGRICULTURAL OPERATIONS THAT ARE NOT CONDUCTED ON THE PRINCIPALUSESITETOTHEEXTENTPERMITTEDBYTHEAPPLICABLELOCAL GOVERNMENT .

NOTHING IN THIS ARTICLE 30 PROHIBITS A LOCAL GOVERNMENT FROM REQUIRING THE OPERATOR OF A FARM STAND TO -4- 1191 OBTAIN A VALID LICENSE OR PERMIT PRIOR TO OPERATING THE FARM STAND BUT IN NO WAY SHALL SUCH LOCAL PERMITTING OR LICENSING REQUIREMENTSDENYTHEUSEOFTHESITEASDESCRIBEDINTHISSECTION .

SECTION 2.

Effective date.

This act takes effect July 1, 2019.

SECTION 3.