2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PET ANIMAL CARE (§§ 35-80-101 — 35-81-102) › Article 80 - PET ANIMAL CARE AND FACILITIES ACT (§§ 35-80-101 — 35-80-117) › Section 35-80-108 - Unlawful acts - short title - disclosure requirement - definition

(1)
Unless otherwise authorized by law, it is unlawful and a violation of this article 80 for any person or entity:
(a)
To perform any of the acts of a pet animal facility for which licensure is required without possessing a valid license under this article;
(b)
To solicit, advertise, or offer to perform any of the acts for which licensure as a pet animal facility is required without possessing a valid license to perform such acts;
(c)
To refuse to comply with a cease-and-desist order issued pursuant to section
35-80-111
;
(d)
To refuse or fail to comply with the provisions of this article;
(e)
To make a material misstatement in a license application, a license renewal application, or to the department during an official investigation;
(f)
To impersonate any state, county, city and county, or municipal official or inspector;
(g)
To refuse or fail to comply with any rules or regulations adopted by the commissioner pursuant to this article or any lawful order issued by the commissioner;
(h)
To aid or abet another in any violation of this article or any rule promulgated by the commissioner under the provisions of this article;
(i)
To import or have in such person's possession for the purpose of selling, trading, giving, or otherwise transferring certain species of birds designated by the commissioner that have not been legally banded with a leg band applied during the prefeathered stage of development and appropriate to the size and species of the bird;
(j)
To sell, barter, exchange, or otherwise transfer, possess, import, or cause to be imported into this state:
(I)
Any type of turtle with a length in carapace of less than four inches; except that a person may possess a turtle that the person has bred with a length in carapace of less than four inches; or
(II)
(A)
Any species of nonhuman primate.
(B)
This paragraph (j) does not apply to a research facility or exhibitor properly licensed or registered under the provisions of the federal "Animal Welfare Act of 1970",
7 U.S.C. sec. 2131
et seq., as amended.
(k)
To sell, transfer, or adopt dogs or cats under the age of eight weeks;
(k.5)
To transfer cats under the minimum weight limit set by rule of the commissioner;
(l)
To sell, transfer, or adopt guinea pigs, hamsters, or rabbits under the age of four weeks, and such other pet animal species as may be specified by the commissioner;
(m)
To alter or falsify any certificate of veterinary inspection or any other certificate of veterinary health; and
(n)
To import or cause to be imported any dog or cat for the purpose of sale by a pet animal facility, unless the dog or cat has a certificate of veterinary health and, if the dog or cat is over six months old, proof of a rabies vaccination.
(1.5)
Subsections (1)(i), (1)(j), (1)(k), and (1)(l) of this section apply to all persons and entities, including those specifically exempted pursuant to section
35-80-103 (1), (2)(a), (2)(c), and (2)(d)
.
(2)
It is unlawful and a violation of this article 80 for any person operating a pet animal facility:
(a)
To refuse to permit entry or inspection in accordance with section
35-80-110
;
(b)
To sell, offer for sale, barter, exchange, or otherwise transfer immature domestic fowl in lots of less than twenty-five as pets;
(c)
To sell, offer for sale, barter, exchange, or otherwise transfer raccoons or other animal species of wildlife that are prohibited to be kept as pets by the division of parks and wildlife in the department of natural resources;
(d)
To import or cause to be imported any pet animal for the purpose of sale, resale, trade, or barter by a pet animal facility operator unless such operator is the holder of a valid pet animal facility license issued pursuant to this article;
(e)
To allow a license issued pursuant to this article to be used by an unlicensed person;
(f)
To make any misrepresentation or false promise through advertisements, employees, agents, or otherwise in connection with the business operations licensed pursuant to this article 80 or for which an application for a license is pending;
(g)
To fail to take reasonable care to release for sale, trade, or adoption only those pet animals that are free of undisclosed disease, injury, or abnormality; and
(h)
(I)
Within twenty-four hours after receiving notification from a licensed veterinarian or a pet animal owner, if the pet animal owner provides documentation from a licensed veterinarian or other proof of treatment, of an outbreak of an infectious disease at the pet animal facility, to fail to make every reasonable attempt to notify all individuals who own a pet animal that is in the possession of the pet animal facility or who used the pet animal facility during the reported outbreak and incubation period. The pet animal facility shall provide notification of the outbreak by:
(A)
Posting notice in a conspicuous location on the pet animal facility premises; or
(B)
Posting notice on the pet animal facility's website, if one exists; or
(C)
Directly contacting a pet animal owner through any means available.
(II)
A pet animal facility shall disclose information regarding any outbreak of an infectious disease that occurred at the pet animal facility within the past year to any pet animal owner who requests such information.
(III)
The short title of this subsection (2)(h) is the "Clinton Pet Animal Notification Act".
(IV)
As used in this subsection (2)(h), "pet animal facility" means a pet care facility licensed pursuant to this article 80 that is used in whole or in part for the purpose of pet animal day care or boarding, grooming, or training pet animals.
(3)
It is unlawful and a violation of this article for any employee or official of the department or any person designated by the commissioner pursuant to section
35-80-109 (6)
to disclose or use for his or her own advantage any information derived from any reports or records submitted to the department pursuant to section
35-80-110
or to reveal such information to anyone except authorized persons, including officials or employees of the state, the federal government, and the courts of this or other states.
(4)
The failure by any person to comply with the provisions of paragraph (a) or (b) of subsection (1) of this section or paragraph (f) of subsection (2) of this section is a deceptive trade practice and is subject to the provisions of the "Colorado Consumer Protection Act", article
1
of title
6
, C.R.S.
Amended by 2024 Ch. 345,§ 1, eff. 6/3/2024.
Amended by 2022 Ch. 144, § 3, eff. 8/10/2022.
Amended by 2021 Ch. 164, § 3, eff. 9/7/2021.
Amended by 2014 Ch. 365, § 6, eff. 7/1/2014.
L. 94: Entire article added, p. 1303, § 8, effective July 1. L. 98: (1)(i) amended, p. 119, § 3, effective March 24. L. 2000: (1)(k) and (1)(l) amended and (1)(m) added, p. 1399, § 7, effective May 30. L. 2003: (1)(k.5) added, p. 2095, § 6, effective July 1. L. 2009: (1)(j)(I) and (1)(j)(II)(B) amended, (SB 09-118), ch. 1743, p. 1743, § 13, effective July 1. L. 2014: (1)(j)(II)(B) amended, (HB 14-1270), ch. 1746, p. 1746, § 6, effective July 1. L. 2021: IP(1), (1)(l), and (1)(m) amended and (1)(n) added, (HB 21-1160), ch. 924, p. 924, § 3, effective September 7.
2022 Ch. 144, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 21-1160, see section 1 of chapter 164, Session Laws of Colorado 2021.