|
|
35-50-101. Veterinarian--inspectors--stock diseases
Subject to section 13 of article XII of the state constitution, the department of agriculture is authorized to appoint a licensed doctor of veterinary medicine as state veterinarian, who will be an authorized representative of the department, which officer shall have such title as the department may prescribe, and said officer shall be under the supervision of the animal industry division of the department of agriculture. The department is further authorized to appoint or employ competent persons to investigate the
sanitary conditions, the infectious diseases, and the contagious diseases threatening or existing among livestock as defined in section 35-1-102 and to supervise the prevention, control, or eradication of those diseases. The state agricultural commission is authorized to issue such orders and to promulgate such rules as it may deem necessary for specific diseases for any species of livestock under the provisions of this article, subject to the provisions of article 4 of title 24, C.R.S.
35-50-102. Importation of livestock
It is unlawful for any person, firm, or corporation to ship or drive into the state of
Colorado any livestock unless such livestock are accompanied by an official health
certificate, except livestock going to immediate slaughter. Such health certificate shall
show the names and addresses of the consignor and the consignee and the kinds of
livestock, with a description of each, including sex, breed, and age. Individual
identification is required on any breeding cattle and on any swine and equines, except
those going to immediate slaughter. Such health certificate shall show the permit number
when a permit is required. The information on such health certificate shall be legible,
and such certificate shall be signed by a licensed accredited veterinarian of the state of
origin. One copy of such certificate shall accompany the livestock, and one copy of such
certificate shall be forwarded to the Colorado state veterinarian through the state
veterinarian of the state of origin within thirty days after the date of issue. No
livestock known to be affected with or known to be exposed to any infectious or contagious
disease may be imported into Colorado. Livestock shall also meet all federal interstate
requirements.
35-50-103. Penalty
Any person, firm, or corporation who violates or disregards any of the provisions of
section 35-50-102 is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not less than one hundred dollars nor more than one thousand dollars
for each offense, or by imprisonment in the county jail for not more than six months, or
by both such fine and imprisonment.
35-50-104. Equine infectious anemia
(1) Any equine found to be positive to the immunodiffusion test or any other recognized
test for equine infectious anemia shall be placed under quarantine by the state
veterinarian or his authorized representative. Any such positive equine shall be
identified with either a hot iron brand or a freeze iron brand on the neck. Such brand
shall contain "84A", followed by the case number assigned by the state
veterinarian. Any equine placed under quarantine shall be pastured or stabled in a
suitable place a minimum of one hundred yards from any equine belonging to any other owner
or shall be stabled in a screened enclosure which prevents insects from entering or
leaving such enclosure.
(2) Any equine placed under quarantine for equine infectious anemia may be moved only with a permit from the state veterinarian or his authorized representative.
35-50-110. Quarantine established--enforced--penalty
(1) Whenever the state agricultural commission or its authorized representative deems it
necessary to quarantine any premises, county, district, or section of the state for the
purpose of preventing the spread of any infectious or contagious disease among the
livestock within the state, the said commission has the authority, through its members,
officers, or inspectors, to call on all sheriffs or other peace or police officers of any
county within the state to assist in maintaining such quarantine and to arrest anyone who
may violate such quarantine or any rules or regulations made by said commission for the
purpose of maintaining such quarantine, and it is the duty of all sheriffs or other peace
officers to act in such cases when so called upon, and they shall be allowed such
recompense as is provided by statute for similar services.
(2) Any person who willfully violates any provision of subsection (1) of this section or who moves or causes to be moved any single head or any herd of cattle, horses, sheep, goats, swine, poultry, or other livestock from a quarantined area in violation of a quarantine order is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than two thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than one year, or by both such fine and imprisonment. In the case of a second or subsequent conviction under the provisions of this section, a sentence of imprisonment within the minimum and maximum terms shall be mandatory and shall not be subject to suspension. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.
35-50-111. Condemnation of diseased animals
Whenever the state veterinarian reports to the state agricultural commission that there
exists an outbreak of contagious or infectious disease among domestic animals of this
state of such a character as to endanger and imperil the livestock of the state, the state
agricultural commission, upon approval of the governor, has the power to condemn and
destroy any livestock so infected with contagious or infectious disease, or any livestock
which has been exposed to or is deemed by the commission capable of communicating such
contagious or infectious disease to other domestic animals, and to condemn and destroy any
barns, sheds, corrals, pens, or other property which the commission may determine is
necessary to be destroyed in order to prevent the spread of such contagion or infection.
Such condemnation and destruction shall take place only when in the opinion of the
commission and the governor an emergency exists and such action is justified and necessary
for the safety and protection of the livestock of this state.
35-50-112. Department of agriculture notified
Whenever there is an outbreak of contagious or infectious disease among the domestic
animals of the state of such a nature as to threaten or imperil the livestock of adjoining
states, it is the duty of the state agricultural commission to notify the secretary of the
United States department of agriculture and seek to cooperate in every way possible with
the appropriate division of that department in preventing the spread of the disease beyond
the boundaries of this state and in promptly eradicating and exterminating such disease
within the state.
35-50-113. Appraisement of condemned animals
Whenever the state agricultural commission finds it necessary to condemn and destroy any
animals or property within this state because of any contagious or infectious disease,
such animals or property shall not be destroyed until after a fair appraisement has been
made of the value of such animals or property by three appraisers, one to be appointed by
the state agricultural commission, one by the owner of the property to be destroyed, and
the third to be selected by these two. Said appraisers shall make a report to the
commission under oath as to their appraisement and the commission shall forward such
appraisement to the governor with such recommendation as to the proportion of such
appraisement to be considered a just bill against the state of Colorado as the commission
may think right.
35-50-114. Indemnification of owners
To meet the emergency caused by any outbreak of contagious or infectious disease, the
governor is authorized to cause to be issued the state's certificate of indebtedness, with
which to indemnify owners of property destroyed to pay the necessary costs and expense of
exterminating and eradicating such contagion or infection. This section shall not apply to
the diseases of brucellosis or tuberculosis for which federal indemnity is paid to the
owners. In the case of any other disease for which federal indemnity is paid, combined
state and federal indemnity shall not exceed actual appraised value when an appraisal is
required.
35-50-115. Animals killed for examination--quarantine
Whenever the state veterinarian or any deputy state veterinarian, finds indications of any
contagious or infectious disease among any domestic animals in this state, and the state
veterinarian, or his deputy, is unable to determine positively the exact nature of such
disease, said state veterinarian, or his deputy, has the power to order one of the animals
so suspected slaughtered, in order that a post mortem examination may be made to determine
the character of the disease. The owner of such animal shall receive no compensation for
any animal so killed for this purpose. Said state veterinarian, or his deputy, whenever he
has good reason to believe that any disease so investigated is contagious or infectious
and that such animals are likely to communicate said disease to other animals, he shall
have the power to at once establish a quarantine over such animals and premises and to
take such steps as may be deemed necessary to prevent the spread of such contagion or
infection and report these actions to the state agricultural commission. Such quarantine
and sanitary measures shall be legal and binding in the same manner as though established
by the commission itself, and any violation of such quarantine or other sanitary measure
or order of the state veterinarian, or his deputy, shall be considered the same as a
violation of any sanitary rule or order of said state agricultural commission.
35-50-116. Inspectors in charge of premises
(1) Whenever the state agricultural commission or its authorized representative finds it
necessary to quarantine any livestock, ranch, farm, premises, or any portion of this state
because of contagious or infectious disease, said commission has the power to hold in
quarantine such ranch, farm, premises, or part of this state as the commission may deem
necessary after all animals have been removed therefrom, until such time as in the
judgment of the state agricultural commission or its authorized representative there is no
further risk of exposing domestic animals to disease by permitting them to inhabit such
quarantined area.
(2) The commission has the authority to employ special sanitary inspectors whenever it deems it necessary to be in charge of such quarantined animals or quarantined premises, under the direction of the state agricultural commission. Such inspectors shall receive as compensation for their services while actually employed a sum to be determined by the commission, which sum shall be paid out of the funds of the commission.
35-50-118. Investigation by state university
Whenever in the opinion of the state veterinarian there exists within this state livestock
disease which he is unable to diagnose or identify, upon reporting the same to the state
agricultural commission, the commission may call upon the veterinary department of
Colorado state university to cause scientific investigation to be made to determine the
exact character of such disease. The state agricultural commission shall pay to Colorado
state university the actual and necessary expense of said investigation from the funds of
said commission. Where such investigation consists only of laboratory work conducted at
said university, such service shall be rendered without charge.
35-53-111. Sanitary rules as to movement of livestock--quarantine--penalty
(1) The state agricultural commission may make and adopt such quarantine and sanitary
regulations affecting the movement of livestock into and out of the state of Colorado and
within the borders of said state as may from time to time be necessary to prevent the
introduction into the state or the spread within the state of any contagious or infectious
disease, and the expense of such quarantine measures and the carrying out of such
regulations shall be made by the imposition of a fee of three cents per head on all cattle
and horses and one and one-half cents per head on all sheep entering the state of Colorado
from any quarantine or infected territory. Whenever the state agricultural commission
knows or has good reason to believe that any contagious or infectious disease exists in
any locality in any other state, territory, or country or that there are conditions which
render domestic animals from such infected district liable to bring such disease into this
state, it may report the same to the governor of the state of Colorado whereupon, by
proclamation, he shall prohibit the importation of any such livestock into this state,
unless accompanied by a certificate of health given by the state veterinarian or sanitary
inspectors appointed by the state agricultural commission, which veterinarian or sanitary
inspectors shall carefully examine all such livestock previous to the giving of such
certificate.
(2) All fees connected with such examinations are to be paid by the owner of such stock so
examined; but no fee shall be collected from the owner of any animals entering this state
by railroad, in direct route to other states or territories, which do not remain in the
state of Colorado for a longer period than is required for feeding and watering in
transit. Any person, firm, or corporation who violates or disregards any of the provisions
of a proclamation issued by the governor in compliance with this section is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than
three hundred dollars nor more than three thousand dollars, or by imprisonment in the
county jail for not less than thirty days nor more than one year, or by both such fine and
imprisonment.
(3) Notwithstanding the amount specified for any fee in subsection (1) of this section,
the state agricultural commission by rule or as otherwise provided by law may reduce the
amount of one or more of the fees if necessary pursuant to section 24-75-402(3), C.R.S.,
to reduce the uncommitted reserves of the fund to which all or any portion of one or more
of the fees is credited. After the uncommitted reserves of the fund are sufficiently
reduced, the state agricultural commission by rule or as otherwise provided by law may
increase the amount of one or more of the fees as provided in section 24-75-402(4), C.R.S.
35-53-112. Shipping prior to inspection--penalty
(1) Any person, firm, association, partnership, or corporation, or any employee thereof,
who willfully violates any provision of sections 35-53-101 to 35-53-112, except as
otherwise provided in said sections, or who moves or causes to be moved any single head or
any herd of cattle, horses, or mules within this state or beyond the boundaries of this
state without having had the same inspected and cleared by a Colorado brand inspector is
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not
less than two hundred dollars nor more than one thousand dollars, or by imprisonment in
the county jail for not less than ninety days nor more than one year, or by both such fine
and imprisonment. Upon conviction of a second violation of this section, such person shall
be fined not less than five hundred dollars nor more than one thousand dollars and
imprisoned in the county jail for not less than ninety days nor more than one year.
Neither such fine nor imprisonment shall be suspended by the court, nor shall such person
be granted probation by the court. Any person who commits a third or subsequent violation
of this section commits a class 6 felony and shall be punished as provided in section
18-1.3-401, C.R.S. Nothing in sections 35-53-101 to 35- 53-112 shall be construed as
repealing the laws now in force respecting the theft of livestock.
(2) It is the duty of the district attorney of the judicial district in this state in which any such violation occurs to initiate criminal proceedings and prosecute the same to effectively enforce the provisions of this section.
Amended in 1998, 2001, 2002.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
Return to Top of This Page