Concerning protections for certain agricultural products grown in Colorado.
Summary
HB26-1031 creates new protections for certain raw, unprocessed agricultural products sold in Colorado, focusing on fruits, vegetables, plants, and fungi grown for human consumption. The bill makes it unlawful to market, advertise, sell, or distribute such products as being grown in Colorado unless they were actually grown in the state. It also prohibits unauthorized use of the Colorado Proud designation or logo, including trademarked versions of that branding.
The bill is aimed at preventing counterfeit or misleading “Colorado-grown” claims, especially for high-value local products such as peaches, sweet corn, chilies, cantaloupes, and potatoes. The legislature states that these false claims harm consumers and unfairly disadvantage Colorado farmers who rely on the reputation and premium associated with genuine in-state produce. A violation is treated as a deceptive trade practice under Colorado consumer protection law, but the bill does not create a private right of action.
Impact
The bill adds a new section to Title 35 governing agriculture and amends Colorado’s deceptive trade practices statute to include violations of the new agricultural-origin rules. It gives the Department of Agriculture exclusive authority over use of the Colorado Proud designation or logo and makes false in-state origin claims for covered agricultural products subject to enforcement as deceptive trade practices. The law applies only to conduct occurring on or after its effective date and does not authorize private lawsuits by consumers or competitors.
Sentiment
The bill appears to have broad support and little recorded controversy in the available materials, and it ultimately passed and was signed by the governor. The legislative declaration reflects a strong pro-farmer and consumer-protection rationale, emphasizing fairness, authenticity, and protection of Colorado’s agricultural brand. No committee transcript or recorded vote data was provided showing organized opposition.
Contention
The main policy issue is how to police origin claims for agricultural products without overreaching into legitimate marketing or branding. Supporters frame the bill as a response to deceptive labeling and unfair competition against Colorado growers, while the statute’s limits suggest an effort to avoid opening the door to private litigation by restricting enforcement to deceptive trade practice treatment. Another point of potential concern is the use of the Colorado Proud designation, since the bill requires Department of Agriculture authorization and could affect retailers, marketers, farmers’ markets, and distributors that use Colorado-themed branding.