CO Code § 35-50-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 50 - Livestock Health Act|§ 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, the commissioner may compel the testing of all livestock in the state, under such rules as the commissioner may adopt.    Any owner whose livestock are suspected, after epidemiological investigation, of having an infectious or contagious disease shall, upon order of the commissioner, assemble such livestock and provide the necessary facilities for inspection and collection of such samples as may be deemed necessary to conduct tests of such livestock for the infectious or contagious disease, and shall render such assistance as required.    All samples drawn in testing for an infectious or contagious disease shall be forwarded to the department's animal health laboratory or any other laboratory approved by the state veterinarian for testing.    Whenever any livestock are tested, the livestock shall be individually identified, as specified by the commissioner in such rules as the commissioner may adopt. Official identification shall not be removed from such livestock or altered in any fashion.    The owner of livestock ordered tested or treated shall be responsible for the costs of all testing or treatment, unless specifically provided for by local, state, or federal funding.    If the owner of livestock ordered treated or tested, after reasonable notice as determined by the commissioner, fails to dip, spray, test, or otherwise treat such livestock as ordered by the commissioner, the commissioner may seize, or cause to be seized, dipped, sprayed, tested, or otherwise treated, such livestock and hold and sell the same, or such part of the livestock as may be necessary, to pay all costs of the inspection, seizing, caring for, dipping, spraying, testing, or other treatment, together with cost of sale. Such sale shall be made at such time and place, and in such manner, as may be prescribed by the commissioner after not less than three days' nor more than fifteen days' notice of the time, place, and purposes of such sale has been given by the commissioner to the owner of the livestock and to each secured party holding a security interest in the subject livestock, which appears in the list of effective filings as maintained by the central filing officer pursuant to the “Central Filing of Effective Financing Statement Act”, article 9.5 of title 4, C.R.S. If personal service of such notice cannot be had within the county in which the livestock are being held by the commissioner, such notice may be given either by personal service outside of such county or by advertisement in the official state livestock paper. The owner of livestock so seized and held, or any secured party holding a security interest in such livestock, which appears in the list of effective filings as maintained by the central filing officer pursuant to the “Central Filing of Effective Financing Statement Act”, article 9.5 of title 4, C.R.S., at any time prior to such sale, may recover possession of the livestock upon payment to the commissioner of the amount of the costs incurred by order of the commissioner against such livestock. Any sum realized from the sale of such livestock over and above the amount of the costs actually incurred against such livestock shall be returned by the commissioner to the owner of such livestock if the owner is known or can by reasonable diligence be found. Otherwise, such surplus shall be placed in the estray fund, subject to the law in effect regarding such fund.    Whenever the state veterinarian finds indications of any infectious or contagious disease among any livestock in this state and the state veterinarian is unable to determine positively the exact nature of such disease, the state veterinarian may 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.    Whenever the state veterinarian has good reason to believe that any disease so investigated is contagious or infectious and that such livestock are likely to communicate the disease to other livestock, the state veterinarian may at once establish a hold over such livestock and premises and may take such steps as may be deemed necessary to prevent the spread of such contagion or infection. Such hold shall be legal and binding in the same manner as a quarantine established pursuant to section 35-50-111, and any violation of such hold or order of the state veterinarian shall be considered an unlawful act pursuant to section 35-50-116.    Whenever in the opinion of the state veterinarian there exists within this state a livestock disease that he or she is unable to diagnose or identify, the commissioner 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. Colorado state university may charge the actual and necessary direct expense of laboratory and diagnostic procedures connected therewith.     History. Source: L. 2005: Entire article R&RE, p. 452, § 1, effective December 1.    Editor's note:   This section is similar to former §§ 35-50-109 , 35-50-115 , 35-50-118 , and 35-50-139 as they existed prior to 2005.   ANNOTATION   Annotator's note. Since § 35-50-109 is similar to § 35-50-109 and § 35-50-115 as they existed prior to the 2005 repeal and reenactment of this article, relevant cases construing those provisions have been included in the annotations to this section.   This section and §§ 35-50-115 and 35-50-118 were designed to protect not only general public but also class of persons, i.e., cattle owners and the purchasers of cattle sold at a public sale. State v. Morison, 148 Colo. 79 , 365 P.2d 266 (1961).   For authority conferred being valid exercise of police power, see People v. Lange, 48 Colo. 428 , 110 P. 68 (1910).