2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-117 - Disposition of alternative livestock taken by officer

(1)
(a)
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 the shipment and the owner or shipper fails to exhibit a bill of sale or other authority for the possession of the alternative livestock.
(b)
Upon declaring an alternative livestock an estray, a brand inspector shall take possession of the alternative livestock on behalf of the board and shall dispose of such alternative livestock in accordance with article
44
of this title and any rules promulgated thereto.
(2)
Any person satisfying the board that such person is the owner of an estray alternative livestock that has been disposed of pursuant to paragraph (b) of subsection (1) of this section shall be forthwith paid the amount for which the alternative livestock was sold less any reasonable and necessary expenses.
(3)
(a)
All moneys in the estray fund created in section
35-41-102
derived from the disposal of estray alternative livestock by the board pursuant to paragraph (b) of subsection (1) of this section, that have been in the estray fund for six years or longer and for which no valid claim has been made, shall be credited to the brand inspection fund created in section
35-41-102
.
(b)
Any claim for moneys in the estray fund made by the owner of an alternative livestock sold as an estray pursuant to paragraph (b) of subsection (1) of this section shall be made within three years from the date of the sale of such estray alternative livestock or such claim shall be forever barred.
(4)
A brand inspector shall refuse to issue a certificate authorizing the transport of alternative livestock or the carcasses thereof and shall seize the same if:
(a)
The person in control of the alternative livestock or the carcasses thereof is not in possession of a duly executed bill of sale;
(b)
The person in control of the alternative livestock or the carcasses thereof cannot furnish other satisfactory proof that such person is the lawful owner of the alternative livestock or the carcasses thereof; or
(c)
The inspector has good reason to believe that the alternative livestock or the carcasses thereof are stolen.
(5)
(a)
A brand inspector or peace officer, as described in section
16-2.5-101
, C.R.S., is authorized to stop and inspect any vehicle transporting or containing alternative livestock or the carcasses thereof.
(b)
A brand inspector or peace officer may demand to see a bill of sale, permit, or certificate for the alternative livestock or the carcasses thereof from the person operating the vehicle.
(c)
If the operator of the vehicle is unable to produce a bill of sale, permit, or certificate, the inspector or peace officer is authorized to:
(I)
Arrest, with or without warrant, the vehicle operator;
(II)
Seize the vehicle and the alternative livestock or carcasses thereof; and
(III)
Retain possession of the vehicle and the alternative livestock or the carcasses thereof until:
(A)
The vehicle operator can produce evidence satisfactory to the board that the vehicle operator or the person for whom the alternative livestock is being transported is the lawful owner thereof; or
(B)
The alternative livestock, or the carcasses thereof, are disposed of pursuant to paragraph (b) of subsection (1) or subsection (6) of this section.
(d)
After a vehicle seized pursuant to paragraph (c) of this subsection (5) has been unloaded by the brand inspector or peace officer at the site where the seized livestock or carcasses are being held, such vehicle shall be made available for return to the owner of such vehicle.
(6)
If a brand inspector or peace officer deems it necessary to sell carcasses taken pursuant to subsection (5) of this section to prevent loss by spoiling, the brand inspector or peace officer is authorized to do so. The proceeds from the sale of the carcasses shall be credited to the estray fund created in section
35-41-102
.
(7)
(a)
If within ten days after alternative livestock or the carcasses thereof have been seized:
(I)
The ownership of such alternative livestock or carcasses is shown and established, the alternative livestock, the carcasses thereof, or the proceeds from the sale of the alternative livestock or the carcasses thereof shall be delivered to the owner; or
(II)
The ownership of such alternative livestock or the carcasses thereof is not shown and established, the alternative livestock or the carcasses thereof shall be disposed of pursuant to paragraph (b) of subsection (1) of this section.
(b)
Any moneys derived from the sale of alternative livestock or the carcasses thereof shall be credited to the estray fund created in section
35-41-102
.
(c)
The facts concerning the detention and sale of any alternative livestock or the carcasses thereof shall be reported to the district attorney of the judicial district in which such alternative livestock or carcasses were detained and sold.
(8)
Unless alternative livestock required to be inspected pursuant to this article are released by a brand inspector, such alternative livestock shall be inspected by a duly authorized brand inspector on arrival at any market, regardless of whether the alternative livestock has been previously inspected at the point of origin, before such alternative livestock are weighed.
L. 94: Entire article added, p. 1707, § 6, effective July 1. L. 2003: (5)(a) amended, p. 1620, § 31, effective August 6.