§ 35-50-101. Short Title

This article shall be known and may be cited as the “Livestock Health Act”. Source: L. 2005: Entire article R&RE, p. 447, § 1, effective December 1.

§ 35-50-102. Legislative Declaration

The general assembly finds and declares that the diagnosis, control, and eradication of livestock diseases are matters of statewide concern. Livestock disease control is essential to the livestock industry and the health of the economy of the state of Colorado. The provisions of this article are enacted to protect the public health, safety, and welfare. […]

§ 35-50-103. Definitions

As used in this article, unless the context otherwise requires: “Accredited veterinarian” means a veterinarian approved by the United States department of agriculture in accordance with 9 CFR 161, as may be amended from time to time. “Commission” means the state agricultural commission. “Commissioner” means the commissioner of agriculture. “Department” means the department of agriculture. […]

§ 35-50-104. State Veterinarian and Authorized Representatives

Subject to section 13 of article XII of the state constitution, the commissioner is authorized to employ a licensed doctor of veterinary medicine as state veterinarian, who will be an authorized representative of the department. The commissioner may employ, as assistants and authorized representatives, accredited veterinarians who are licensed to practice in Colorado as may […]

§ 35-50-105. Powers and Duties of the Commissioner

The commissioner is responsible for regulation related to livestock disease or other livestock emergencies among or affecting livestock in the state. The commissioner is authorized to administer and enforce the provisions of, and any rules adopted pursuant to, this article. The commissioner may adopt, subject to the commission’s approval, all reasonable rules for the administration […]

§ 35-50-106. Veterinary Vaccine and Service Fund – Expenditures – Rules

The commissioner may promulgate such rules as are necessary to establish a fund into which the proceeds from the sale of supplies and services shall be deposited. The proceeds from this fund are specifically and continuously appropriated for personnel necessary to carry out the provisions of this article, the purchase of supplies and such other […]

§ 35-50-107. Disease Detection and Prevention

Whenever the commissioner reasonably suspects that livestock are in or from an area of concentration or point of distribution where there is a potential for the spread of disease or that the livestock may have been exposed to or are suffering from an infectious or contagious disease, the commissioner may, as a sanitary measure, conduct […]

§ 35-50-108. Mandatory Reporting

Any person who knows or has reason to believe that any livestock that belongs to or is in the possession of such person, or any livestock upon such person’s premises, has a reportable disease shall immediately report such disease to the state veterinarian. Whenever any veterinarian licensed in this state suspects a reportable disease in […]

§ 35-50-109. Inspection and Testing

Whenever it becomes known to the commissioner that an infectious or contagious disease exists among livestock of the state, the commissioner may inspect all livestock in the state, under such rules as the commissioner may adopt. Whenever it becomes known to the commissioner that an infectious or contagious disease exists among livestock of the state, […]

§ 35-50-110. State Livestock Disease Diagnostic Laboratories

The rocky mountain regional animal health laboratory and the Colorado state university veterinary diagnostic laboratories, collectively known as the state livestock disease diagnostic laboratories, shall function to provide disease testing to support the department’s livestock disease programs. The laboratories shall be scaled to provide testing of such volume as to meet the potential disease control, […]

§ 35-50-111. Quarantine

Whenever the commissioner deems it necessary to quarantine any specific livestock, premises, county, district, or section of the state for the purpose of preventing the spread of an infectious or contagious disease among the livestock within the state, the commissioner may, through the state veterinarian, call on all sheriffs or other peace officers of any […]

§ 35-50-112. Importation of Livestock – Pet Animal Health Certificates

It is unlawful for any person, firm, or corporation to ship or drive into Colorado any livestock unless such livestock are accompanied by an official health certificate, except as may be set forth in rules promulgated by the commissioner. Such health certificate shall be in the form and manner as prescribed by the commissioner. No […]

§ 35-50-113. Condemnation of Livestock

Whenever the state veterinarian reports to the commission that there exists an outbreak of contagious or infectious disease among livestock of this state of such a character as to endanger and imperil the livestock of the state, the commission, upon approval of the governor, may issue an order of condemnation to condemn and destroy any […]

§ 35-50-114. Indemnification of Livestock Owners

To meet the emergency caused by any outbreak of contagious or infectious disease, the governor may 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 […]

§ 35-50-115. Cervidae Disease Revolving Fund – Creation

The commission may levy an assessment on the owners of alternative livestock cervidae or captive wildlife cervidae, which shall be transmitted to the state treasurer, who shall credit the same to the cervidae disease revolving fund, which fund is hereby created. The commission shall determine the assessment. The assessment must be in an amount, not […]

§ 35-50-116. Unlawful Acts

Unless otherwise authorized by law, it is unlawful and a violation of this article for any person: To refuse or fail to comply with the provisions of this article; To refuse or fail to comply with any rules adopted by the commissioner pursuant to this article or with any lawful order issued by the commissioner; […]

§ 35-50-117. Enforcement

The commission or its designee shall enforce this article. Whenever the commission or its designee has reasonable cause to believe a violation of any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, the commission or its designee may issue an order requiring a […]

§ 35-50-118. Civil Penalties

A 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 a court of competent jurisdiction or by the commission or the commission’s designee. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be […]

§ 35-50-119. Criminal Penalties

[ Editor’s note: This version of this section is effective until March 1, 2022.] Except as set forth in subsection (2) of this section, any person, firm, partnership, association, or corporation, and any officer or agent thereof, who violates any of the provisions of this article or any lawful order or rule of the commissioner […]

§ 35-50-120. Information Sharing and Analysis

Except as set forth in subsection (2) of this section, information obtained and maintained by the commissioner pursuant to this article and rules promulgated pursuant to this article and the results of surveillance and investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the […]