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.
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.
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