2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 41 - STATE BOARD OF STOCK INSPECTION COMMISSIONERS (§§ 35-41-100.3 — 35-41-104) › Section 35-41-104 - Board's authority to impose fees and charges - rules

(1)
Bovine livestock.
(a)
The board is hereby authorized to levy and collect, through authorized brand inspectors, a per-head inspection fee in an amount determined by the board by rule on all bovine livestock inspected; except that the charges for livestock shipped directly to a licensed slaughter plant are as follows: For the first five hundred head per owner per certificate, two cents below the set inspection fee, and for over five hundred head per owner per certificate, five cents below the set inspection fee. Such sliding scale charges shall take effect at such time as the set inspection fee exceeds thirty-four cents. The inspection fee established pursuant to this paragraph (a) shall apply when any bovine livestock are being consigned to a Colorado-licensed public livestock market.
(b)
In addition, the board is authorized to levy and collect, through authorized brand inspectors, a minimum fee in an amount determined by the board by rule from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law; except that, when cattle that are owned by more than one person are inspected at one site, only one such minimum fee shall be collected. The minimum fee shall be due and payable to the inspector when the inspector arrives at the designated inspection point, whether or not an inspection of the livestock actually takes place.
(1.5)
Equine livestock.
(a)
The board is hereby authorized to levy and collect, through authorized brand inspectors, a per-head inspection fee in an amount determined by the board by rule on all equine livestock inspected. The inspection fee established pursuant to this paragraph (a) shall apply when any equine livestock are being consigned to a Colorado-licensed public livestock market.
(b)
In addition, the board is authorized to levy and collect, through authorized brand inspectors, a minimum fee in an amount determined by the board by rule from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law. The minimum fee shall be due and payable to the inspector when the inspector arrives at the designated inspection point, whether or not an inspection of the livestock actually takes place.
(2)
It is the duty of all authorized Colorado brand inspectors to inspect all livestock, except such as are exempt by law, that are offered for sale or to be moved interstate or intrastate and to collect the fees established pursuant to subsections (1) and (1.5) of this section. The board shall determine the amount of the fees that shall be collected by authorized brand inspectors from the owner or person in charge of said livestock before issuing a certificate of brand inspection granting leave to the owner or person in charge to offer the brand inspected livestock for sale or movement interstate or intrastate. The fees so collected shall be reported and transmitted to the board at such time and in such manner as the board shall by rule require.
(3)
Inspection fees as authorized in subsections (1) and (1.5) of this section shall be collected by brand inspectors from the owners or persons in charge of said livestock before issuing any certificate when:
(a)
Brand inspection is required by law;
(b)
Livestock are being consigned for sale at a Colorado licensed public livestock market in accordance with section
35-55-112
;
(c)
Livestock are consigned for slaughter to a custom meat processor licensed by the Colorado department of agriculture or a packing plant licensed by the United States department of agriculture;
(d)
Livestock are offered for sale in accordance with section
35-53-105
;
(e)
Livestock are moved within Colorado or to another state, except as exempted by law;
(f)
Livestock are being moved from pasture before being placed in a feedlot, in accordance with section
35-53-125
.
(4)
Minimum fee when inspection required by law - bovine livestock.
A minimum fee in an amount determined by the board by rule shall be collected from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law; except that, when bovine livestock owned by more than one person are inspected at one site, only one minimum fee shall be collected. No minimum fee shall be required when bovine livestock are consigned for sale at a Colorado-licensed public livestock market.
(4.5)
Minimum fee when inspection required by law - equine livestock.
A minimum fee in an amount determined by the board by rule shall be collected from each person, company, or corporation requesting the brand inspection or from whom a brand inspection is required by law. No minimum fee shall be required when equine livestock are consigned for sale at a Colorado-licensed public livestock market.
(5)
In addition to the brand inspection fee, a Colorado beef board fee up to and not in excess of one dollar per head or the amount assessed pursuant to the beef promotion and research order,
7 CFR 1260.172
, as amended, whichever is greater, shall be collected on cattle and calves as a part of the brand inspection made on such animals under the same authority, at the same time and place, in the same manner, and upon the same animals which are subject to brand inspection and a brand inspection fee, except:
(a)
When cattle and calves are being moved in excess of seventy-five land miles within the state for grazing purposes if no change in ownership is involved; or
(b)
When any unbranded or freshly branded calves are inspected with their mothers as provided in section
35-43-129
and no change in ownership is involved; or
(c)
When cattle are placed in a feedlot with no change in ownership, or when rodeo competition cattle are inspected at the headquarters ranch before the beginning of rodeo season and the cattle will not leave the state.
(6)
In the case of unbranded or freshly branded calves inspected with their mothers in compliance with section
35-43-129
, in addition to the inspection fee for each calf inspected, mileage expense allowed by section
35-43-129
shall also be collected.
(7)
An inspection fee in an amount determined by the board by rule shall be collected for each hide inspected as provided in section
35-53-115
.
(8)
The board shall determine, and publish in its rules, which inspection fees can be carried on an accounts receivable basis. No such account shall be carried for a period that exceeds one month.
(9)
The board shall have the authority to impose a mileage charge when brand inspection is required for investigations of estrays, investigations of theft, and other duties deemed necessary by statute or the board. The charge per mile shall be the amount allowed state officers and employees pursuant to section
24-9-104
, C.R.S.
(10)
In addition to the brand inspection fee authorized by this section, the assessment determined by the board of directors of the Colorado horse development authority pursuant to section
35-57.8-109
shall be collected on horses as a part of the brand inspection made on horses under the same authority, at the same time and place, in the same manner, and on the same horses that are subject to brand inspection and brand inspection fees.
(11)
Any rule adopted by the board to determine the amount of a fee authorized by this title shall be subject to article
4
of title
24
, C.R.S.; except that:
(a)
The board shall provide the livestock industry with thirty days' notice of any fee change proposal and of the date and location of an informational meeting at which the changes shall be discussed;
(b)
At or after the next regularly scheduled board meeting after such informational meeting, the board may set the fees; and
(c)
The fee change shall take effect at least ninety days after the board sets the fees.
L. 81: Entire section added, p. 1707, § 1, effective July 1. L. 85: IP(5) and (5)(c) amended, p. 1141, § 1, effective July 1. L. 89: (1), (4), and (7) amended and (9) added, p. 1403, § 1, effective May 2. L. 93: IP(5) amended, p. 1855, § 2, effective July 1. L. 98: (10) added, p. 1258, § 1, effective June 1; (1), (2), IP(3), (4), and (6) amended and (1.5) and (4.5) added, p. 262, § 2, effective August 5. L. 2004: (1), (1.5), (2), (4), (4.5), (7), and (8) amended and (11) added, p. 646, § 5, effective July 1. L. 2009: (3)(c) amended, (SB 09-151), ch. 89, p. 347, §6, effective July 1.