reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-111 - Investigations - access - administrative subpoena

(1)
The commissioner, upon his own motion or upon the complaint of any person, shall make any investigations necessary to ensure compliance with this article.
(2)
(a)
At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access, upon consent or upon obtaining an administrative search warrant, to all buildings, yards, pens, pastures, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
(b)
The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses and the production of all books, memoranda, papers, and other documents, articles, or instruments and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
(3)
Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period.
L. 90: Entire article R&RE, p. 1609, § 1, effective July 1.
This section is similar to former § 35-42-106 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-112 - Enforcement

(1)
The commissioner or his designee shall enforce the provisions of this article.
(2)
(a)
Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and shall require that all actions causing the violation be ceased.
(b)
In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this article.
(c)
No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
(d)
Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.
(3)
Whenever it appears to the commissioner upon sufficient evidence satisfactory to the commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted pursuant to this article, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule adopted pursuant to this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
L. 90: Entire article R&RE, p. 1610, § 1, effective July 1.
This section is similar to former § 35-42-106 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-113 - Animal protection fund - creation

(1)
There is hereby created an animal protection fund. Any donations collected for animal protection, any net proceeds from the sale of an animal pursuant to section
18-9-202.5(4)
, C.R.S., and any moneys from restitution ordered for the expenses of the department of agriculture in selling and providing for the care of and provision for an animal disposed of under the animal cruelty laws in accordance with part 2 of article
9
of title
18
, C.R.S., or this article shall be transmitted to the state treasurer, who shall credit the moneys to the animal protection fund. The general assembly shall make annual appropriations from that fund to the department of agriculture to aid in carrying out the purposes of this article; except that no such appropriations may be made for personal services.
(2)
All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The moneys in the fund shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly through legislation.
L. 90: Entire article R&RE, p. 1610, § 1, effective July 1. L. 2006: (1) amended, p. 895, § 3, effective August 7. L. 2012: (1) amended, (HB 12-1125), ch. 102, p. 346, § 4, effective September 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-114 - Local regulation

The provisions of this article shall not be construed to limit or preempt additional regulation by any city, town, or city and county. Nothing in this article shall interfere with the authority of the department of public health and environment in the enforcement of part 7 of article
4
of title
25
, C.R.S., or the department of agriculture in the enforcement of article
80
of this title.
L. 90: Entire article R&RE, p. 1611, § 1, effective July 1. L. 94: Entire section amended, p. 1312, § 15, effective July 1; entire section amended, p. 2804, § 575, effective July 1.
Amendments to this section by Senate Bill 94-023 and House Bill 94-1029 were harmonized.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-115 - Dangerous dog registry - created - cash fund

(1)
The bureau shall establish a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement by veterinarians and licensed shelters in dangerous dogs pursuant to the provisions of section
18-9-204.5(3)
(e.5), C.R.S. The commissioner may promulgate such rules as may be necessary for the implementation of this section.
(2)
A veterinarian or licensed shelter that implants a microchip pursuant to the provisions of section
18-9-204.5(3)
(e.5)(III), C.R.S., shall provide to the bureau a veterinary record of the microchip. The bureau shall maintain each veterinary record provided in a registry on a statewide database.
(3)
Each person who is ordered to identify his or her dangerous dog through microchip implantation shall pay to the bureau a nonrefundable dangerous dog microchip license fee of fifty dollars, as required in section
18-9-204.5(3)
(e.5)(IV), C.R.S. The bureau shall transmit all fees collected pursuant to this subsection (3) to the state treasurer who shall credit the same to the dangerous dog microchip licensure cash fund, referred to in this section as the "fund", which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the bureau for the costs incurred in implementing this section. The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
L. 2004: Entire section added, p.1762, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-101 - Brands on livestock - evidence

It is lawful to mark cattle and horses with the owner's brand. When animals are brought into this state from another state or a territory in transit from beyond the boundaries of this state, the brand, or a copy thereof, duly certified to by the proper officer in each state or territory, shall be received in evidence, with like force and effect as a brand duly recorded in this state.
L. 13: p. 142, § 1. C.L. § 3117. CSA: C. 160, § 1. CRS 53: § 8-2-1. C.R.S. 1963: § 8-2-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-102 - Branding - evidence of ownership - penalty

Animals which are usually branded may be branded on either side with the owner's brand. No evidence of ownership by brands shall be permitted in any court in this state unless the brands are recorded as provided in section
35-43-105
. Each drove of cattle or sheep which may be driven into or through any county of this state shall be plainly branded or marked with one uniform brand or mark. The cattle shall be so branded with the distinguishing ranch or road brand of the owner as to show distinctly in such places as the owner may adopt. Sheep shall be marked distinctly with such mark or device as may be sufficient to distinguish the same readily, should they become intermixed with other flocks of sheep owned in the state. Any such owner or person in charge of such drove being driven into or through the state who fails to comply with the provisions of this article shall be fined not less than fifty dollars nor more than three hundred dollars.
G.L. § 2580. G.S. § 3171. R.S. 08: § 6351. C.L. § 3118. CSA: C. 160, § 2. CRS 53: § 8-2-2. C.R.S. 1963: § 8-2-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-103 - Earmarks

Any stock grower of this state may adopt and use an earmark. Such earmark shall be taken in evidence, in connection with the owner's recorded brand, in all suits at law or in equity in which the title to stock is involved. The earmark shall be made by cutting and shaping the ear of the animal so marked; but in no case shall the person so marking an animal cut off more than one-half of the ear so marked; neither shall anyone mark by cutting an ear on both sides to a point.
G.L. § 2586. G.S. § 3173. R.S. 08: § 6352. C.L. § 3119. CSA: C. 160, § 3. CRS 53: § 8-2-3. C.R.S. 1963: § 8-2-3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-104 - Brand distinctions - recording office

No brand shall be used by more than one person, association, or corporation, nor shall any brand be recorded in this state elsewhere than in the office of the state board of stock inspection commissioners, except as provided in section
35-43-107
.
L. 13: p. 142, § 2. C.L. § 3120. CSA: C. 160, § 4. CRS 53: § 8-2-4. C.R.S. 1963: § 8-2-4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-105 - Fee to record brands - unlawful use - penalty

(1)
Any person, association, or corporation desiring to adopt a brand, not then being the recorded brand of another person, association, or corporation, shall forward to the state board of stock inspection commissioners a facsimile of the desired brand, together with a written application to adopt such brand, and shall accompany the same with a fee in an amount determined by the board by rule. Upon receipt of the facsimile and fee, the board shall record the brand, unless the brand stands of record as or is in conflict with that of some other person, association, or corporation, in which case the board shall not record the brand but shall return the facsimile to the forwarding party.
(2)
It is unlawful for any person, association, or corporation to brand or cause to be branded any livestock with a brand which has not been recorded with the state board of stock inspection commissioners, as provided in subsection (1) of this section, or with a brand which has been previously recorded by another person, association, or corporation. When any owner of a recorded brand in use in this state moves his cattle, branded with his own brand, to a new and different range or locality in this state within which territory there is in use a conflicting or similar recorded brand, the state board of stock inspection commissioners may order such recorded brand owner so moving to a new range or locality to discontinue the use of his recorded brand in that locality; and the board, at its discretion, may cancel such brand ordered to be so discontinued.
(3)
Any person, association, or corporation or any employee thereof who violates any of the provisions of subsection (2) of this section commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 637, eff. 3/1/2022.
L. 13: p. 142, § 3. L. 19: p. 510, § 1. C.L. § 3121. CSA: C. 160, § 5. L. 45: p. 668, § 1. L. 47: p. 848, § 1. CRS 53: § 8-2-5. L. 55: p. 154, § 1. C.R.S. 1963: § 8-2-5. L. 67: p. 142, § 1. L. 73: p. 218, § 1. L. 2004: (1) amended, p. 647, § 6, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 3281, p. 3281, § 637, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-106 - Certified copy of brand - fee

Upon the recording of any brand, the owner thereof shall be entitled to one certified copy of the record of such brand from the state board of stock inspection commissioners, the certificate to be signed by the brand commissioner or the secretary of the board. Additional certified copies of said record may be obtained by anyone upon the payment of one dollar for each copy.
L. 13: p. 143, § 4. C.L. § 3122. CSA: C. 160, § 6. CRS 53: § 8-2-6. C.R.S. 1963: § 8-2-6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-107 - Recording by county clerk and recorder

It is unlawful for the county clerk and recorder of any county in this state to record any brand, unless previously recorded in the office of the state board of stock inspection commissioners.
L. 13: p. 143, § 5. C.L. § 3123. CSA: C. 160, § 7. CRS 53: § 8-2-7. C.R.S. 1963: § 8-2-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-108 - Brand book

It is the duty of the state board of stock inspection commissioners, from time to time as it may be necessary, to cause to be published in book form a list of all brands on record at the time of such publication. The board, at its discretion, may cause to be issued a supplement to the brand book issued, containing the additional brands or changes in ownership of brands between the time of the last publication and the time of issuing such supplement, for the use of the department and its employees. Such brand book and supplements thereto shall contain a facsimile of every brand recorded, together with the owner's name and post-office address. Said records shall be arranged in convenient form for reference. Said books and supplements may be sold to the general public at approximate cost. The brand book and other publications circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section
24-1-136
, C.R.S.
L. 13: p. 143, § 6. C.L. § 3124. CSA: C. 160, § 8. L. 49: p. 690, § 1. CRS 53: § 8-2-8. L. 55: p. 155, § 2. C.R.S. 1963: § 8-2-8. L. 64: p. 126, § 31. L. 83: Entire section amended, p. 843, § 72, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-109 - Brands personal property - recording by board - rules - effect

Any brand recorded shall be the property of the person, association, or corporation causing such record to be made and shall be subject to sale, assignment, transfer, devise, and descent as personal property. Instruments of writing evidencing the sale of such brand, assignment, or transfer shall be recorded by the state board of stock inspection commissioners, and the fee for recording such sale, assignment, or transfer shall be in an amount determined by the board by rule. The recording of such instruments of writing shall have the same force and effect as to third parties as the recording of instruments affecting real estate, and a certified copy of the record of any such instrument may be introduced in evidence the same as is provided for the certified copies of instruments affecting real estate.
L. 13: p. 144, § 7. C.L. § 3125. CSA: C. 160, § 9. CRS 53: § 8-2-9. L. 55: p. 155, § 3. C.R.S. 1963: § 8-2-9. L. 67: p. 142, § 2. L. 73: p. 218, § 2. L. 2004: Entire section amended, p. 648, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-110 - Proof of ownership - evidence

In all suits at law or in equity or in any criminal proceeding when the title to animals is involved or proper to be proved, the certified copy provided for in section
35-43-106
shall be prima facie evidence of the ownership of such animal by the person whose brand it may be. Proof of the right of any person, association, or corporation to use such brand shall be made by a copy of the record of same, certified to by the state board of stock inspection commissioners by its secretary or the brand commissioner.
L. 13: p. 144, § 8. C.L. § 3126. CSA: C. 160, § 10. CRS 53: § 8-2-10. C.R.S. 1963: § 8-2-10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-111 - Earmarking sheep and hogs

Any owner of sheep or hogs may use an earmark, tag, or brand to designate ownership of and title to the same, which shall be subject to the provisions of this article in respect to brands.
L. 13: p. 145, § 10. C.L. § 3127. CSA: C. 160, § 11. CRS 53: § 8-2-11. C.R.S. 1963: § 8-2-11.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-112 - Other animals - earmarks

Owners of animals other than sheep or hogs in this state may use earmarks, and these earmarks shall be taken in evidence in connection with the owner's recorded brand in all suits at law or in equity or in any criminal proceedings when the title to such property is involved or proper to be proved.
L. 13: p. 145, § 11. C.L. § 3128. CSA: C. 160, § 12. CRS 53: § 8-2-12. C.R.S. 1973, § 8-2-12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-113 - Publication of brands and transfers

Upon the first of every month or as soon thereafter as possible, the state board of stock inspection commissioners shall cause to be exhibited in the office of the county clerk and recorder in all counties in the state and post, when permissible, in Colorado licensed livestock markets a list showing all the brands and transfers recorded for the previous calendar month. Said list shall show a facsimile of the brand, the name of the owner, and the owner's post-office address, county, and state. The list shall remain posted until the following month when the new list is posted. Complete brand records shall be kept on file for inspection by the public at the office of each county clerk and recorder, and also kept on file by all local brand inspectors. The list shall also be published in the official state livestock paper or publication required under section
35-44-109
.
L. 13: p. 145, § 12. C.L. § 3129. CSA: C. 160, § 13. CRS 53: § 8-2-13. L. 63: p. 184, § 1. C.R.S. 1963: § 8-2-13. L. 71: p. 163, § 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-114 - Fees - disposition - report

All fees and money collected by the state board of stock inspection commissioners shall be deposited in the brand inspection fund unless otherwise provided by law. The board shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section
24-1-136
, C.R.S., a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the board.
L. 13: p. 145, § 13. C.L. § 3130. CSA: C. 160, § 14. CRS 53: § 8-2-14. C.R.S. 1963: § 8-2-14. L. 64: p. 126, § 32. L. 83: Entire section amended, p. 843, § 73, effective July 1. L. 2002: Entire section amended, p. 879, § 11, effective August 7.
For the brand inspection fund, see § 35-41-102.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-115.5 - Abandoned brands - procedure - sale - proceeds

(1)
Any brand that has been canceled for nonpayment of the assessment pursuant to section
35-43-115(1)
and that, as of June 30 of any assessment year, has remained unclaimed for at least five years since the date of cancellation shall be presumed abandoned, and all claims or interests in such brand shall be deemed forfeited.
(2)
In accordance with the "State Administrative Procedure Act", article
4
of title
24
, C.R.S., the state board of stock inspection commissioners shall adopt rules governing the publication and sale of abandoned brands. Such rules shall include, without limitation, provisions for the publication of a notice of abandoned brands and procedures for the public sale of such brands.
(3)
The purchaser of an abandoned brand at a public sale shall take all rights to the brand free and clear of all liens and encumbrances of the prior owner or of any other person. The state board of stock inspection commissioners shall provide all documents necessary to effectuate the transfer of ownership of the brand.
(4)
The proceeds of the sale of an abandoned brand, net of expenses of the sale, shall be credited to the brand assessment account in the brand inspection fund.
L. 98: Entire section added, p. 265, § 4, effective August 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-116 - Wrongful branding - penalty

If any person, association, or corporation willfully and knowingly brands, or causes to be branded, an animal which is the property of another with his or her brand or any brand which is not the recorded brand of the owner or willfully and knowingly effaces, defaces, or obliterates any brand or mark upon such an animal, such person or any officer or director of any such association or corporation commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 13: p. 144, § 9. C.L. § 3134. CSA: C. 160, § 18. CRS 53: § 8-2-16. C.R.S. 1963: § 8-2-16. L. 73: p. 1394, § 3. L. 79: Entire section amended, p. 704, § 84, effective July 1. L. 89: Entire section amended, p. 848, § 127, effective July 1. L. 2002: Entire section amended, p. 1549, § 320, effective October 1.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-117 - Use of false brand - damages

Any person who brands or marks, or causes to be branded or marked, any animal which is the property of another with his brand or any brand which is not the recorded brand of the owner or effaces, defaces, or obliterates any brand or mark upon any animal is guilty of theft and, upon conviction thereof, shall be liable to the owner thereof for three times the value of the animal so branded or marked or upon which the brand or mark has been effaced, defaced, or obliterated. Payment of the forfeiture provided in this section shall not entitle the person so branding, effacing, defacing, or obliterating a brand to the property right in the animal so branded or upon which the brand was effaced, defaced, or obliterated, but such animal shall be surrendered to the proper owner.
G.L. § 2582. G.S. § 3177. R.S. 08: § 6368. C.L. § 3136. CSA: C. 160, § 20. CRS 53: § 8-2-17. C.R.S. 1963: § 8-2-17. L. 73: p. 1395, § 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-118 - Maverick defined - branding penalty

(1)
All neat cattle and horses found running at large in this state without a mother and upon which there is neither mark nor brand shall be deemed a maverick and shall be sold to the highest bidder for cash at such time and place and under such rules and orders as the state board of stock inspection commissioners prescribes. Nothing in this section shall be construed to apply to domestic or blooded stock owned and kept in cities or towns or on private farms that may stray upon the open range, and all such animals that are claimed, identified, and proven may be reclaimed.
(2)
Any person who marks, brands, or causes to be marked or branded, or in any way converts to the person's use any animal known and designated by law as a maverick, if not by law authorized to do so, or who knowingly allows such marking, branding, or conversion, as is prohibited by this section, to be done by the person's employee or agent in the person's behalf commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 638, eff. 3/1/2022.
L. 1887: p. 426, § 1. R.S. 08: § 6372. C.L. § 3138. CSA: C. 160, § 22. L. 53: p. 595, § 1. CRS 53: § 8-2-18. C.R.S. 1963: § 8-2-18. L. 2021: (2) amended, (SB 21-271), ch. 3281, p. 3281, § 638, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-119 - Stock mixed with drove - penalty

When the stock of any resident intermixes with any drove of animals, it is the duty of any drovers or persons in charge to cut out and separate such stock from said drove immediately, except in case of sheep and horses, which shall be driven to the nearest suitable corral to be separated. Any person, either owner or drover, or otherwise connected with the management of such drove, who neglects to comply with the provisions of this section, shall be fined not more than five hundred dollars for every offense, and shall be liable to indictment for theft.
G.L. § 2588. G.S. § 3181. R.S. 08: § 6373. C.L. § 3139. CSA: C. 160, § 23. CRS 53: § 8-2-19. C.R.S. 1963: § 8-2-19.
For theft generally, see part 4 of article 4 of title 18; for theft of livestock, see § 35-43-128.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-120 - Trespassing on lands - injuring resident - penalty

(1)
It is the duty of any person owning or having charge of any drove of cattle, horses, or sheep, who when driving the same into or through any county of Colorado of which the owner is not a resident or landowner and where the land in such county is occupied and improved by settlers and ranchers, to prevent the same from mixing with the cattle, horses, or sheep belonging to the actual settlers and also to prevent said drove of cattle, horses, or sheep from trespassing on such land as may be the property or in the possession of the actual settler and used by him for the grazing of animals or the growing of hay or other crops or from doing injury to ditches.
(2)
Any owner or person in charge of any such drove of stock who willfully injures any resident of the state by driving such drove of stock from the public highway and herding the same is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. The owner or person in charge of the drove so trespassing shall be liable for the damages done to the settler.
G.L. § 2590. G.S. § 3184. R.S. 08: § 6374. C.L. § 3140. CSA: C. 160, § 24. CRS 53: § 8-2-20. C.R.S. 1963: § 8-2-20.
For recovery for trespass, see § 35-46-102.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-121 - [Repealed]

G.L. § 2557. G.S. § 3137. R.S. 08: § 6377. C.L. § 3143. CSA: C. 160, § 27. CRS 53: § 8-2-23. C.R.S. 1963: § 8-2-23. L. 95: Entire section repealed, p. 200, § 17, effective April 13.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-122 - [Repealed]

G.L. § 2558. G.S. § 3138. R.S. 08: § 6378. C.L. § 3144. CSA: C. 160, § 28. CRS 53: § 8-2-24. C.R.S. 1963: § 8-2-24. L. 64: p. 204, § 5. L. 2005: Entire section repealed, p. 781, § 70, effective June 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-123 - Thoroughbred rams must be herded

It is the duty of any owner or agent of any owner of thoroughbred rams of any description to herd them or keep them enclosed. Any owner or agent who refuses to comply with the provisions of this section commits a civil infraction.
Amended by 2021 Ch. 462, § 639, eff. 3/1/2022.
L. 1879: p. 190, § 1. G.S. § 3139. R.S. 08: § 6379. C.L. § 3145. CSA: C. 160, § 29. CRS 53: § 8-2-27. C.R.S. 1963: § 8-2-27. L. 2021: Entire section amended, (SB 21-271), ch. 3281, p. 3281, § 639, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-124 - Fines paid into school fund

Any fines arising from a violation of section
35-43-123
shall be paid into the school fund of the county in which such violation occurs.
L. 1879: p. 190, § 2. G.S. § 3140. R.S. 08: § 6380. C.L. § 3146. CSA: C. 160, § 30. CRS 53: § 8-2-28. C.R.S. 1963: § 8-2-28.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-125 - No hogs to run at large

No hog or swine shall be permitted to run at large, and the owner of any hog or swine trespassing on the property of any person is liable in treble the damages occasioned by such trespass and a fine of not less than five dollars nor more than ten dollars for each offense.
G.L. § 2591. G.S. § 3175. R.S. 08: § 6386. C.L. § 3242. CSA: C. 160, § 159. CRS 53: § 8-2-29. C.R.S. 1963: § 8-2-29.
For recovery for trespass, see § 35-46-102.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-126 - Dog worrying stock

Any dog found running, worrying, or injuring sheep, cattle, or other livestock may be killed, and the owner or harborer of such dog shall be liable for all damages done by it.
G.L. § 2578. G.S. § 3176. R.S. 08: § 6387. C.L. § 3152. CSA: C. 160, § 40. CRS 53: § 8-2-33. C.R.S. 1963: § 8-2-33. L. 73: p. 1395, § 5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-127 - Skinning carcass without right

Any person who skins or removes from the carcass any part of the skin, hide, or pelt of any cattle or sheep without permission from the owner is guilty of theft and, upon conviction thereof, shall be punished in the manner provided by law for the punishment of theft. Nothing in this section shall be deemed to prevent the skinning of animals killed by railroad companies by the employees of any railroad company by which such stock may have been killed.
L. 68: p. 41, § 1. C.R.S. 1963: § 8-2-38.
For theft generally, see part 4 of article 4 of title 18; for theft of livestock, see § 35-43-128.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-128 - Theft of certain animals - penalty

Any person who commits theft of, or knowingly kills, sells, drives, leads, transports, or rides away, or in any manner deprives the owner of the immediate possession of any cattle, horses, mules, sheep, goats, swine, or asses, either live or slaughtered, or any portion of the slaughtered carcass thereof, or any person who commits theft of, or knowingly kills, sells, drives, leads, transports, or rides away, or in any manner applies to the person's own use any cattle, horses, mules, goats, sheep, asses, or swine, either live or slaughtered, or any portion of the slaughtered carcass thereof, the owner of which is unknown, or any person who knowingly purchases from anyone not having the lawful right to sell and dispose of the same any cattle, horses, mules, sheep, goats, swine, or asses, either live or slaughtered, or any portion of the slaughtered carcass thereof, commits a class 4 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 68: p. 41, § 1. C.R.S. 1963: § 8-2-39. L. 77: Entire section amended, p. 883, § 61, effective 7/1/1979. L. 89: Entire section amended, p. 848, § 128, effective July 1. L. 94: Entire section amended, p. 1724, § 26, effective July 1. L. 2002: Entire section amended, p. 1550, § 321, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 54 (1980).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-129 - Branding of calves required - exceptions

(1)
It is unlawful for any person, company, or corporation to sell, offer for sale, slaughter, or move, either within the state or to a destination outside of Colorado, any calf under weaning age that is not branded with a Colorado recorded brand of the owner of the mother cow. A brand upon any calf shall be past the peeling state at the time that a calf is sold, offered for sale, slaughtered, or moved, except in the following cases:
(a)
When the calf is accompanied by its branded ownership-proven mother;
(b)
When the calf is accompanied by a current brand certificate issued by a duly authorized Colorado brand inspector after inspection at a time when such calf is with its branded ownership-proven mother;
(c)
When the calf is a registered purebred breed or pure dairy breed, but this exception shall not apply to a crossbred calf.
(2)
Any person, company, or corporation whose principal operation consists of feeding cattle for slaughter or operating a dairy may apply to the state board of stock inspection commissioners for a permit authorizing such person, company, or corporation to sell or offer for sale a calf under ten days old, which was born at the dairy or in the feed lot, without meeting the requirements of subsection (1) of this section. Such application shall be accompanied by a description of the operation. Upon determining that the applicant is qualified, the board shall issue a numbered permit to the applicant. Any calf under ten days old which is sold or offered for sale shall have affixed an eartag, supplied by the board, which bears the applicant's permit number. A calf sold under the provisions of this subsection (2) shall be accompanied by a duly executed bill of sale containing the owner's permit number and signed by the dairy owner or the feed lot owner.
(3)
If a Colorado brand inspector is called to inspect an unbranded or freshly branded calf with its mother, any mileage expense shall be paid by the owner in addition to any brand inspection fee.
(4)
Any person, company, or corporation who violates any of the provisions of this section commits a class 2 misdemeanor.
(5)
Unbranded calves subject to this article, when found by brand inspectors at public livestock markets or at shipping points, shall be handled as estrays or questionable ownership livestock according to sections
35-43-118
and
35-53-107
.
Amended by 2021 Ch. 462, § 640, eff. 3/1/2022.
L. 73: p. 224, § 1. C.R.S. 1963: § 8-2-40. L. 2021: (4) amended, (SB 21-271), ch. 3282, p. 3282, § 640, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 35-43-101 — 35-43-130) › Section 35-43-130 - Cattle in feedlots

(1)
A Colorado brand inspector shall inspect all cattle entering a Colorado custom feedlot for feeding under a custom contract if the cattle are not accompanied by a brand certificate or valid documentation of purchase listing all brands, or no brands. In addition, all cattle entering Colorado for grazing purposes under a leased grazing agreement, owned by a nonresident, shall also be inspected by a duly authorized Colorado brand inspector. The brand inspector shall issue a certificate of inspection to the proven owner and a copy of such certificate to the custom feedlot operator or ranch manager after ownership is established and before the cattle are mixed with any other cattle or turned loose for grazing. Upon completion of the inspection, said inspector shall collect an inspection fee in the amount prescribed by the state board of stock inspection commissioners pursuant to section
35-41-104
. If the cattle are carrying more than two consistent brands, the owner shall mark or brand all of his cattle with the same brand, with one of the two existing brands, with a brand of valid registry of the owner, with an ear tag specifically identifying each animal to a specific feedlot, or otherwise identify the cattle as prescribed by the board. Evidence of this brand or permanent mark shall be shown on the certificate of inspection in addition to brands or no brands found on the inspected cattle for future reference of valid proven ownership. When ear tags are utilized, each ear tag shall be legible and at least one inch in height and two inches in width.
(2)
Any lessee, lessor, commercial feedlot owner, or established livestock owner who violates any of the provisions of this section commits a petty offense and shall be punished as provided in section
18-1.3-503
.
Amended by 2021 Ch. 462, § 641, eff. 3/1/2022.
L. 75: Entire section added, p. 1349, § 1, effective July 1. L. 81: Entire section amended, p. 1710, § 3, effective July 1. L. 89: (1) amended, p. 1406, § 6, effective May 2. L. 2002: (2) amended, p. 1550, § 322, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 3282, p. 3282, § 641, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Board" means the state board of stock inspection commissioners, created in section
35-41-101
.
(2)
"Department" means the Colorado department of agriculture, created in section
24-1-123
, C.R.S.
(3)
"Livestock" means all cattle, calves, horses, mules, and donkeys.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 342, §2, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-202 - Brand inspections - custom processing houses - packing plants - feedlots - acceptable forms of evidence - rules

(1)
The board may, during regular business hours, inspect the records, brands, bills of sale, hides, horns, and other items related to proving ownership of or ascertaining the identity of slaughtered livestock at any custom processing house or packing plant licensed by the department or by the United States department of agriculture.
(2)
Pursuant to its authority under section
35-41-101(3)
, the board may adopt rules in furtherance of this part 2, including rules governing record keeping, contact information, the contents of bills of sale and other records of transfers of livestock or carcasses, the mixing of inspected and uninspected livestock, hide retention, hide exhibition, and brand inspection.
(3)
No person shall slaughter any livestock purchased in Colorado that have not been inspected for brands by an authorized Colorado brand inspector immediately prior to slaughter.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 343, §2, effective July 1.