§ 35-41.5-101. Short Title
This article shall be known and may be cited as the “Alternative Livestock Act”. Source: L. 94: Entire article added, p. 1698, § 6, effective July 1.
§ 35-41.5-102. Definitions
As used in this article, unless the context otherwise requires: “Alternative livestock” means any domesticated elk or fallow deer as such are classified as alternative livestock pursuant to this article. Alternative livestock shall not be considered wildlife for purposes of this article. “Board” means the state board of stock inspection commissioners created in section 35-41-101. […]
§ 35-41.5-103. Scope of Article
The following are subject to the provisions of this article and to any rules adopted pursuant thereto: Any animal classified as an alternative livestock pursuant to this article; and Any person selling, trading, giving, bartering, or otherwise transferring any alternative livestock in this state, unless specifically exempted elsewhere in this article. The provisions of this […]
§ 35-41.5-104. Alternative Livestock Farm License Required
Any person operating a farm or ranch at which alternative livestock are raised shall obtain a valid alternative livestock farm license issued by the board pursuant to this article and any rules promulgated pursuant thereto. Such license shall be issued for a specific class or subclass of alternative livestock. Source: L. 94: Entire article added, […]
§ 35-41.5-105. Powers and Duties of the Board
The board is hereby authorized to administer and enforce the provisions of this article and any rules adopted pursuant thereto. The board shall adopt any necessary and reasonable rules for the administration and enforcement of this article, including rules governing: Operating standards for an alternative livestock farm; Inspections of alternative livestock for purposes of licensing […]
§ 35-41.5-106. Alternative Livestock Farm – License Requirements – Application – Fees
Each applicant for an alternative livestock farm license shall submit an application providing all information in the form and manner as required by the board. No license shall be issued: Unless accompanied by documentation that the alternative livestock on the farm are in compliance with the rules promulgated by the commission pursuant to section 35-1-106 […]
§ 35-41.5-107. Alternative Livestock Farm License – Renewals
An alternative livestock farm licensed pursuant to this article shall make an application to renew its license on or before June 30. Said application shall be in the form and manner prescribed by the board and shall be accompanied by the renewal fee. No license shall be renewed unless accompanied by an inspection certificate showing […]
§ 35-41.5-108. Record-Keeping Requirements
Each alternative livestock farm licensee shall keep and maintain records in the form and manner designated by the board. Records maintained pursuant to subsection (1) of this section shall be retained at the licensee’s address of record: For a period of three years after the death or sale of an animal if such record pertains […]
§ 35-41.5-109. Unlawful Acts
Unless otherwise authorized by law, it is unlawful and a violation of this article for any person to: Perform any of the acts for which licensure as an alternative livestock farm is required without possessing a valid license; Hold oneself out as being so qualified to perform any of the acts for which licensure pursuant […]
§ 35-41.5-110. Inspections – Investigations – Access – Subpoena
The board, upon its own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article. Appropriate division of parks and wildlife personnel may accompany the board on any inspection and may request an inspection of any licensed alternative livestock farm. The board shall perform […]
§ 35-41.5-111. Escaped Alternative Livestock
Any alternative livestock not recovered by its licensed owner within seventy-two hours after escape shall be reported to the division of parks and wildlife in such manner as required by the division of parks and wildlife. Any escaped alternative livestock killed by a licensed hunter in a manner which otherwise complies with title 33, C.R.S., […]
§ 35-41.5-112. Enforcement
The board or its designee shall enforce the provisions of this article. If the board has reasonable cause to believe a violation of any provision of this article or any rule adopted pursuant to this article has occurred and immediate enforcement is deemed necessary, it may issue a cease-and-desist order, which shall require a person […]
§ 35-41.5-113. Disciplinary Actions – Denial of License
The board, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article if the applicant or licensee has: Refused or failed to comply with any provision of this article, any rule adopted under […]
§ 35-41.5-114. Civil Penalties
Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the board. The maximum penalty shall not exceed one thousand dollars per violation. No civil penalty may be imposed unless the person charged is given notice and opportunity for […]
§ 35-41.5-115. Criminal Penalties
[ Editor’s note: This version of this section is effective until March 1, 2022. ] Any person who violates any of the provisions of section 35-41.5-109 commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501 (1), C.R.S.
§ 35-41.5-116. Alternative Livestock Farm Cash Fund – Creation – Fees
All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer who shall credit the same to the alternative livestock farm cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall be a […]
§ 35-41.5-117. Disposition of Alternative Livestock Taken by Officer
An inspector shall declare an alternative livestock is an estray, as defined in section 35-44-101, if during an inspection of the alternative livestock prior to shipment or removal from the state the inspector finds an alternative livestock bearing marks, identification tags, or brands different from those of the owner of the other alternative livestock in […]