reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-109 - [Repealed]

L. 1893: p. 69, § 3. R.S. 08: § 421. C.L. § 3245. CSA: C. 160, § 169. CRS 53: § 8-7-10. C.R.S. 1963: § 8-7-9. L. 2006: Entire section repealed, p. 149, § 33, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-110 - [Repealed]

L. 1893: p. 69, § 4. R.S. 08: § 422. C.L. § 3246. CSA: C. 160, § 170. CRS 53: § 8-7-11. C.R.S. 1963: § 8-7-10. L. 2006: Entire section repealed, p. 149, § 34, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-111 - [Repealed]

L. 1893: p. 69, § 5. R.S. 08: § 423. C.L. § 3247. CSA: C. 160, § 171. CRS 53: § 8-7-12. C.R.S. 1963: § 8-7-11. L. 65: p. 232, § 2. L. 2006: Entire section repealed, p. 149, § 35, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-112 - [Repealed]

L. 1893: p. 69, § 6. R.S. 08: § 424. C.L. § 3248. CSA: C. 160, § 172. CRS 53: § 8-7-13. C.R.S. 1963: § 8-7-12. L. 2006: Entire section repealed, p. 149, § 36, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-113 - Permit system for poisoning of predators

The commissioner, after hearing and after consideration of both the needs and concerns involved, shall adopt a permit system incorporating the policies and procedures developed by the commissioner in cooperation with the division of parks and wildlife, pursuant to which annual permits shall be issued for the use of poisons by livestock operators, owners, or their authorized agents, for the control of predatory animals on lands owned or leased by them from private parties, if the point of use is at least two hundred yards from the nearest property line or public right-of-way. Such permit system shall, as practicably and reasonably as possible, provide a balance between the need to control predators and the need for protection for human beings and other forms of life. Such permit system shall specify the type of information to be set forth in the application, including the substance or device to be used, the quantity thereof, and identification of the property where the use is desired. The permit shall similarly set forth such information and shall also set forth such instructions, conditions, and restrictions as may be appropriate in the circumstances, including posting of public notice that poisons are in use.
L. 71: p. 601, § 6. C.R.S. 1963: § 8-7-26. L. 89: Entire section amended, p. 1397, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-114 - [Repealed]

L. 89: Entire section added, p. 1398, § 7, effective July 1. L. 97: Entire section repealed, p. 181, § 8, effective March 31.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 1 - GENERAL PROVISIONS (§§ 35-40-100.2 — 35-40-115) › Section 35-40-115 - Enforcement

(1) to (3)
Repealed.
(4)
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 part 1 or of any rule or of any order promulgated under this part 1, 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 or order under 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.
(5)
(a)
Any person who violates any provision of this part 1 or any regulation made pursuant to this part 1 is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.
(b)
No civil penalty may be imposed unless the person charged was given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(c)
If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(d)
Whenever the commissioner is found to have lacked substantial justification to impose a civil penalty, the person charged may recover his costs and attorney fees from the department of agriculture.
(e)
Moneys collected from any civil penalties under the provisions of this section shall be paid to the state treasurer, who shall credit the same to the general fund.
(f)
Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
(6)
The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him 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.
L. 89: Entire section added, p. 1398, § 7, effective July 1. L. 97: (1) to (3) repealed, p. 181, § 9, effective March 31. L. 2006: (5)(e) amended, p. 150, § 37, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 2 - PROTECTION OF SHEEP AND CATTLE - CONTROL PROGRAMS (§§ 35-40-201 — 35-40-207) › Section 35-40-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Cattle" includes cattle in the field or on the range, but not in feed lots.
(2)
"Owners of sheep and cattle" means the owners of sheep and cattle in the field or on the range, but shall not include the owners of sheep and cattle maintained in feed lots.
(3)
"Sheep" includes sheep in the field or on the range, but not in feed lots.
L. 63: p. 191, § 1. C.R.S. 1963: § 8-7-25.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 2 - PROTECTION OF SHEEP AND CATTLE - CONTROL PROGRAMS (§§ 35-40-201 — 35-40-207) › Section 35-40-202 - Sheep program

For the protection of sheep against predatory animals, the board of county commissioners of any county, upon the recommendation of an association of sheep growers in the county, has power, either alone or in conjunction with other counties, to conduct a predatory animal control program for the protection of sheep in such county.
L. 61: p. 182, § 1. CRS 53: § 8-7-20. C.R.S. 1963: § 8-7-19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 2 - PROTECTION OF SHEEP AND CATTLE - CONTROL PROGRAMS (§§ 35-40-201 — 35-40-207) › Section 35-40-203 - Cattle program

For the protection of cattle against predatory animals, the board of county commissioners of any county, upon the recommendation of an association of cattle growers in the county, has power, either alone or in conjunction with other counties, to conduct a predatory animal control program for the protection of cattle in such county.
L. 61: p. 182, § 2. CRS 53: § 8-7-21. C.R.S. 1963: § 8-7-20.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 2 - PROTECTION OF SHEEP AND CATTLE - CONTROL PROGRAMS (§§ 35-40-201 — 35-40-207) › Section 35-40-206 - Other money credited to fund

All furs and skins of predatory animals taken as a result of the expenditure of the predatory animal control fund shall be sold, and the proceeds of such sale deposited in said predatory animal control fund for use in carrying out the purposes of this part 2.
L. 61: p. 184, § 5. CRS 53: § 8-7-24. C.R.S. 1963: § 8-7-23. L. 97: Entire section amended, p. 182, § 12, effective March 31.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PROTECTION OF LIVESTOCK (§§ 35-40-100.2 — 35-40-207) › Article 40 - PREDATORY ANIMALS - CONTROL (§§ 35-40-100.2 — 35-40-207) › Part 2 - PROTECTION OF SHEEP AND CATTLE - CONTROL PROGRAMS (§§ 35-40-201 — 35-40-207) › Section 35-40-207 - Program to be in addition to present program

The program established by this part 2 shall be in addition to the predatory animal control program established by part 1 of this article.
L. 61: p. 184, § 6. CRS 53: § 8-7-25. C.R.S. 1963: § 8-7-24.
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 35-41-100.3 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Board" means the state board of stock inspection commissioners, created by this article.
(1.4)
"Bovine livestock" means:
(a)
All cattle and calves; and
(b)
All sheep being treated as livestock at the request of the owner thereof.
(1.5)
"Division" means the division of brand inspection in the department of agriculture, created in section
24-1-123(4)(g)(I)
, C.R.S.
(1.7)
"Equine livestock" means all horses, mules, and burros.
(2)
"Feedlot" means a lot, pen enclosure, or building where cattle are fed for warm-up or fattening purposes and which is secured by gates to prevent the livestock from movement to adjoining areas outside of feedlot.
(3)
"Hide" means the skin from livestock.
(4)
"Licensed slaughterhouse", "butcher", or "packing establishment" means a person, association, firm, or corporation carrying on the trade or business of slaughtering cattle, horses, mules, or burros for compensation or profit, under a license issued by the state.
(5)
"Livestock" means all cattle, calves, horses, mules, and burros, or sheep may be treated as livestock for purposes of this article at the request of the owner thereof.
(6)
"Public livestock market" means any place, establishment, or facility commonly known as a livestock market, conducted or operated for compensation or profit licensed in the state of Colorado, where brand inspection is normally maintained.
L. 81: Entire section added, p. 1707, § 1, effective July 1. L. 98: (1.4) and (1.7) added, p. 262, § 1, effective August 5. L. 2004: (1.5) added, p. 642, § 1, 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 41 - STATE BOARD OF STOCK INSPECTION COMMISSIONERS (§§ 35-41-100.3 — 35-41-104) › Section 35-41-102 - Brand inspection fund - estray fund

(1)
All moneys coming into the hands of the board from the sale of estray animals shall constitute and be known as the estray fund, which fund is hereby created and continuously appropriated to the board, and shall be kept in an account separate and distinct from other accounts, in conformity with rules to be prescribed by said board. The estray fund is an escrow fund that the board shall keep in trust for the owner of the estray animal for six years after the date the proceeds from the sale of the animal were deposited in the fund. If the owner submits suitable proof of ownership to the board within the six-year period, the board shall pay to the owner the proceeds from the sale. If no such proof has been submitted within the six-year period, the board may expend the proceeds pursuant to this section. All other revenues coming into the hands of the board, including fees collected for the inspection of cattle, shall constitute and be known as the brand inspection fund, which shall be kept in conformity with the rules to be prescribed by the board. The board is authorized, in the administration of the brand inspection fund, to maintain an accounts receivable system for the collection of all moneys to be credited to the fund. The board is authorized to expend, of the revenues in the estray fund and the brand inspection fund:
(a)
Repealed.
(b)
Effective July 1, 2006, a maximum of three and six-tenths percent, or actual costs, whichever is less.
L. 03: p. 443, § 26. R.S. 08: § 6417. C.L. § 3219. CSA: C. 160, § 136. CRS 53: § 8-1-2. C.R.S. 1963: § 8-1-2. L. 77: Entire section amended, p. 1611, § 1, effective March 26. L. 88: Entire section amended, p. 1224, § 1, effective July 1. L. 2000: Entire section amended, p. 1396, § 4, effective July 1. L. 2003: Entire section amended, p. 389, § 1, effective March 5. L. 2004: IP(1) amended, p. 645, § 4, effective July 1.
Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective July 1, 2006. (See L. 2003, p. 389.)
For additional provisions concerning moneys paid into and expenditures of the estray fund, see §§ 35-41-103, 35-41.5-117, 35-42-109, 35-44-106, 35-44-113, 35-50-109, 35-53-109, 35-53-110, 35-53-119, 38-20-206, and 38-20-207; for additional provisions concerning moneys paid into and expenditures of the brand inspection fund, see §§ 35-41-101, 35-41.5-117, 35-43-114, 35-43-115, 35-43-115.5, 35-44-113, 35-53-110, 35-53.5-113, 35-55-115, 40-27-108, and 40-27-109.
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 35-41-103 - Revolving fund

The state board of stock inspection commissioners may establish a revolving fund from the estray fund or other available funds of the board in the amount of one thousand dollars to refund to the state treasurer or other persons for short checks deposited, duplicate collection of fees, recording fees on cancellation of brands, or other necessary refunds, and the fund shall be reimbursed from the department's funds by voucher. A quarterly report shall be made as required by law to the controller showing all transactions involving the account.
L. 53: 597, § 1. CRS 53: § 8-1-5. C.R.S. 1963: § 8-1-3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-101 - Short title

This article shall be known and may be cited as the "Alternative Livestock Act".
L. 94: Entire article added, p. 1698, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Alternative livestock" means any domesticated elk or fallow deer as such are classified as alternative livestock pursuant to this article. Alternative livestock shall not be considered wildlife for purposes of this article.
(2)
"Board" means the state board of stock inspection commissioners created in section
35-41-101
.
(3)
"Commission" means the state agricultural commission created in section
35-1-105
.
(4)
"Commissioner" means the commissioner of agriculture or the commissioner's designee.
(5)
"Department" means the department of agriculture.
(6)
"Escaped alternative livestock" means an animal not within the control or under the direction of a licensee or a licensee's designee.
(7)
"License" means an alternative livestock farm license.
(8)
"Licensee" means a person, company, corporation, limited liability company, or partnership.
L. 94: Entire article added, p. 1698, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-103 - Scope of article

(1)
The following are subject to the provisions of this article and to any rules adopted pursuant thereto:
(a)
Any animal classified as an alternative livestock pursuant to this article; and
(b)
Any person selling, trading, giving, bartering, or otherwise transferring any alternative livestock in this state, unless specifically exempted elsewhere in this article.
(2)
The provisions of this article do not apply to:
(a)
Wildlife regulated by the division of parks and wildlife;
(b)
Livestock as defined in section
35-41-100.3(5)
; or
(c)
Alternative livestock owned by or in the possession of a zoological park that is accredited by the American zoo and aquarium association; except that:
(I)
The rules of the board adopted pursuant to this article regarding the transfer of alternative livestock shall apply to any transfer and movement of alternative livestock; and
(II)
Any intrastate transfer and movement of alternative livestock by a zoological park accredited by the American zoo and aquarium association to any person or entity not accredited by the American zoo and aquarium association is subject to this article and to any rules adopted pursuant to this article.
L. 94: Entire article added, p. 1698, § 6, effective July 1. L. 95: (2) amended, p. 18, § 3, effective March 9.
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 35-41.5-104 - Alternative livestock farm license required

Any person operating a farm or ranch at which alternative livestock are raised shall obtain a valid alternative livestock farm license issued by the board pursuant to this article and any rules promulgated pursuant thereto. Such license shall be issued for a specific class or subclass of alternative livestock.
L. 94: Entire article added, p. 1698, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-106 - Alternative livestock farm - license requirements - application - fees

(1)
Each applicant for an alternative livestock farm license shall submit an application providing all information in the form and manner as required by the board.
(2)
No license shall be issued:
(a)
Unless accompanied by documentation that the alternative livestock on the farm are in compliance with the rules promulgated by the commission pursuant to section
35-1-106(1)(o)
;
(b)
Unless accompanied by documentation that the alternative livestock on the livestock farm have been inspected by the board;
(c)
Until the board has inspected and approved the farm; and
(d)
Unless accompanied by a site review and recommendation issued by the division of parks and wildlife if such site review and recommendation is completed within thirty days after the request is received from the board. If the site review and recommendation is not issued within thirty days after the request is received, the requirement for such site review and recommendation shall be deemed waived.
(3)
Each separate location of a farm shall be licensed separately.
(4)
(a)
If an alternative livestock farm operates under more than one business name from a single location, the name of each such operation shall be listed with the board in the form and manner required by the board. The board may require that a separate fee be paid for each business name so listed.
(b)
No additional alternative livestock farm license shall be required for an additional business name.
(c)
If an alternative livestock farm operates under more than one business name from a single location, the farm shall maintain separate records pursuant to section
35-41.5-108
for each such business name.
(5)
Each applicant for an alternative livestock farm license shall pay a license fee in an amount determined by the board.
(6)
Each alternative livestock farm license shall expire on August 31 in the year following the year of issuance.
(7)
Each licensee shall report to the board, in the form and manner required by the board, any change in the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.
(8)
Licenses issued pursuant to this article are not transferable.
(9)
Each alternative livestock farm licensee shall:
(a)
Separate alternative livestock from captive wildlife as required by the board;
(b)
Have the alternative livestock inspected by the board prior to any movement, sale, or slaughter;
(c)
Identify in the form and manner designated by the board each alternative livestock animal in its possession;
(d)
Maintain records of the alternative livestock inventory in accordance with section
35-41.5-108
.
L. 94: Entire article added, p. 1700, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-107 - Alternative livestock farm license - renewals

(1)
An alternative livestock farm licensed pursuant to this article shall make an application to renew its license on or before June 30. Said application shall be in the form and manner prescribed by the board and shall be accompanied by the renewal fee.
(2)
No license shall be renewed unless accompanied by an inspection certificate showing that the alternative livestock on the alternative livestock farm have been inspected and certified by the board for health and genetic purity during the immediately preceding ninety-day period.
(3)
If the application for renewal is not postmarked on or before June 30, a penalty fee of ten percent of the renewal fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.
(4)
If the application and fee for renewal are not postmarked on or before August 31, the license shall not be renewed, and a new license shall be required.
L. 94: Entire article added, p. 1701, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-108 - Record-keeping requirements

(1)
Each alternative livestock farm licensee shall keep and maintain records in the form and manner designated by the board.
(2)
Records maintained pursuant to subsection (1) of this section shall be retained at the licensee's address of record:
(a)
For a period of three years after the death or sale of an animal if such record pertains to an alternative livestock; or
(b)
For a period of three years if such record does not pertain to an alternative livestock.
L. 94: Entire article added, p. 1702, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-111 - Escaped alternative livestock

(1)
Any alternative livestock not recovered by its licensed owner within seventy-two hours after escape shall be reported to the division of parks and wildlife in such manner as required by the division of parks and wildlife.
(2)
Any escaped alternative livestock killed by a licensed hunter in a manner which otherwise complies with title 33, C.R.S., and any rules promulgated pursuant thereto, shall be deemed a legal killing and neither the licensed hunter, the department, nor the division of parks and wildlife shall be liable to the owner for such killing.
L. 94: Entire article added, p. 1705, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-112 - Enforcement

(1)
The board or its designee shall enforce the provisions of this article.
(2)
(a)
If the board has reasonable cause to believe a violation of any provision of this article or any rule adopted pursuant to this article has occurred and immediate enforcement is deemed necessary, it may issue a cease-and-desist order, which shall require a person to cease violating any provision of this article or any rule promulgated pursuant to this article.
(b)
A cease-and-desist order shall set forth the provisions alleged to have been violated, the facts constituting the violation, and the requirement that all violating actions immediately cease.
(c)
(I)
At any time after service of the order to cease and desist, the person for whom such order was served may request, at such person's discretion, a prompt hearing to determine whether or not such violation has occurred.
(II)
A hearing held pursuant to this paragraph (c) shall be conducted in conformance with the provisions of article
4
of title
24
, C.R.S., and shall be determined promptly.
(3)
If the board possesses sufficient evidence to indicate that a person has engaged in any act or practice constituting a violation of this article or of any rule adopted under this article, the board 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 or order under this article. In any such action, the board shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. The court shall not require the board to post a bond.
L. 94: Entire article added, p. 1705, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-113 - Disciplinary actions - denial of license

(1)
The board, pursuant to the provisions of article
4
of title
24
, C.R.S., may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article if the applicant or licensee has:
(a)
Refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the board;
(b)
Had an equivalent license denied, revoked, or suspended by any authority;
(c)
Refused to provide the board with reasonable, complete, and accurate information regarding any alternative livestock when requested by the board;
(d)
Falsified any information requested by the board;
(e)
Been convicted of stealing live big game wildlife; or
(f)
Had a license issued pursuant to
33-1-106
, C.R.S., revoked.
(2)
In any proceeding held under this section, the board may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
L. 94: Entire article added, p. 1706, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-114 - Civil penalties

(1)
Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the board. The maximum penalty shall not exceed one thousand dollars per violation.
(2)
No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(3)
If the board is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the board, the board may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(4)
Before imposing any civil penalty, the board may consider the effect of such penalty on the ability of the person charged to stay in business.
L. 94: Entire article added, p. 1706, § 6, 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-115 - Criminal penalties

Any person who violates any of the provisions of section
35-41.5-109
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501 (1)
.
Amended by 2021 Ch. 462, § 635, eff. 3/1/2022.
L. 94: Entire article added, p. 1707, § 6, effective July 1. L. 2002: Entire section amended, p. 1549, § 318, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3281, p. 3281, § 635, 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 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 41.5 - ALTERNATIVE LIVESTOCK ACT (§§ 35-41.5-101 — 35-41.5-117) › Section 35-41.5-116 - Alternative livestock farm cash fund - creation - fees

All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer who shall credit the same to the alternative livestock farm cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall be a part of this fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. The general assembly shall make annual appropriations from such fund to the department to carry out the purposes of this article. The board is authorized to expend a maximum of three and six-tenths percent, or actual costs, whichever is less, of the base appropriation allocated to the brand inspection division to offset the indirect costs of the board.
L. 94: Entire article added, p. 1707, § 6, 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 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-101 - Short title

This article shall be known and may be cited as the "Animal Protection Act".
L. 90: Entire article R&RE, p. 1605, § 1, 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 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-102 - Legislative declaration

The general assembly hereby finds and declares that the protection of companion animals and livestock is a matter of statewide concern; and that it is the policy of this state that persons responsible for the care or custody of such animals be persons fit to adequately provide for the health and well-being of such animals.
L. 90: Entire article R&RE, p. 1605, § 1, 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 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-103 - [Effective Until 8/7/2024] Definitions

As used in this article, unless the context otherwise requires:
(1)
"Abandon" means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.
(2)
"Accepted animal husbandry" means practices generally recognized as appropriate in the care of animals consistent with the species, breed, and type of animal.
(3)
"Animal" means any living dumb creature.
(4)
"Commissioner" means the Colorado commissioner of agriculture or his designee.
(5)
"Companion animal" means domestic dogs, domestic cats, small pet birds, and other nonlivestock species.
(6)
"Department" means the Colorado department of agriculture.
(7)
"Division" means the division of animal industry of the department of agriculture.
(8)
"Livestock" means cattle, swine, sheep, goats, and such horses, mules, asses, and other animals used in the farm or ranch production of food, fiber, or other products defined by the commissioner as agricultural products.
(9)
"Mistreat" means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.
(10)
"Neglect" means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.
L. 90: Entire article R&RE, p. 1605, § 1, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 35-42-103 - [Effective 8/7/2024] Definitions

As used in this article 42, unless the context otherwise requires:
(1)
"Abandon" means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.
(2)
"Accepted animal husbandry" means practices generally recognized as appropriate in the care of animals consistent with the species, breed, and type of animal.
(3)
"Animal" means any living dumb creature.
(4)
"Commissioner" means the Colorado commissioner of agriculture or his designee.
(5)
"Companion animal" means domestic dogs, domestic cats, small pet birds, and other nonlivestock species.
(6)
"Department" means the Colorado department of agriculture.
(7)
"Division" means the division of animal welfare of the department.
(8)
"Livestock" means cattle, swine, sheep, goats, and such horses, mules, asses, and other animals used in the farm or ranch production of food, fiber, or other products defined by the commissioner as agricultural products.
(9)
"Mistreat" means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.
(10)
"Neglect" means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.
Amended by 2024 Ch. 288,§ 4, eff. 8/7/2024.
L. 90: Entire article R&RE, p. 1605, § 1, effective July 1.
2024 Ch. 288, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 35-42-104 - Scope of article

(1)
Nothing in this article shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals, or in the extermination of undesirable pests as defined in articles
7
,
10
, and
43
of this title.
(2)
In case of any conflict between this article or regulations adopted pursuant to this article or section
35-43-126
and the wildlife statutes of the state, said wildlife statutes shall control.
(3)
Nothing in this article shall affect animal care otherwise authorized by law.
(4)
Nothing in this article shall affect facilities licensed under the provisions of the federal "Animal Welfare Act of 1970",
7 U.S.C. sec. 2131
et seq., as amended.
L. 90: Entire article R&RE, p. 1606, § 1, 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 42 - ANIMAL PROTECTION (§§ 35-42-101 — 35-42-115) › Section 35-42-105 - State bureau of animal protection - creation

There is created in the department of agriculture the state bureau of animal protection, referred to in this article 42 as the "bureau". The bureau is a
type 2
entity, as defined in section
24-1-105
.
Amended by 2022 Ch. 469,§150, eff. 8/10/2022.
L. 90: Entire article R&RE, p. 1606, § 1, effective July 1.
This section is similar to former § 35-42-101 as it existed prior to 1990.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For creation of the department of agriculture and transfer of the state bureau of animal protection to the department under the "Administrative Organization Act of 1968", see §24-1-123.
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 35-42-106 - Powers and duties of the commissioner

The commissioner has the power to administer and enforce the provisions of this article, appoint agents and establish the qualifications of such agents, promulgate rules and regulations, enter into contracts, and implement training, procedures, and rules and regulations of recommended standards for animal control officers.
L. 90: Entire article R&RE, p. 1606, § 1, effective July 1.
This section is similar to former § 35-42-102 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 35-42-107 - [Effective Until 8/7/2024] Bureau personnel - appointment

(1)
Subject to the provisions of section 13 of article XII of the state constitution, the commissioner shall appoint such animal protection agents as are necessary to carry out the provisions of this article.
(2)
The commissioner may appoint agents who are employees of the state, Colorado-based nonprofit corporations, municipal corporations, counties, cities, cities and counties, or any other local governmental entity or political subdivision of the state.
(3)
When agents who are employees of nonprofit corporations are appointed, the corporation shall furnish evidence of minimum liability insurance covering said agent in the amount of one hundred thousand dollars. The state shall not be liable for the actions of such agents. Agents of the bureau shall submit to training as specified by the commissioner.
(4)
Agents of the bureau who have completed training as specified by the commissioner are vested with the power to conduct investigations and issue summonses and complaints to enforce the provisions of part 2 of article
9
of title
18
and article
80
of this title 35 as granted peace officers pursuant to section
16-2-104
, and are designated as peace officers, as described in sections
16-2.5-101
and
16-2.5-118
.
(5)
The commissioner may, in his discretion, revoke the commission of any agent.
(6)
The commissioner may in his discretion determine classifications and subclassifications for commissions of agent.
(7)
Agents authorized to investigate cases involving livestock shall be employees of the division or the division of brand inspection of the department or any sheriffs when appointed and within their jurisdiction.
(8)
All commissions issued by the commissioner shall expire on the anniversary date of issuance.
(9)
A commission may, in the discretion of the commissioner, be renewed.
(10)
All commissions shall be approved by the state agricultural commission.
Amended by 2020 Ch. 154, § 2, eff. 9/14/2020.
L. 90: Entire article R&RE, p. 1606, § 1, effective July 1. L. 94: (4) amended, p. 1312, § 14, effective July 1. L. 2003: (4) amended, p. 1628, § 60, effective August 6. L. 2020: (2) and (4) amended, (SB 20-104) ch. 154, p. 661, § 2, effective September 14.
This section is similar to former §§ 35-42-103 and 35-42-104 as they existed prior to 1990.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in SB 20-104, see section 1 of chapter 154, Session Laws of Colorado 2020.
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 35-42-107 - [Effective 8/7/2024] Bureau personnel - appointment

(1)
Subject to the provisions of section 13 of article XII of the state constitution, the commissioner shall appoint such animal protection agents as are necessary to carry out the provisions of this article.
(2)
The commissioner may appoint agents who are employees of the state, Colorado-based nonprofit corporations, municipal corporations, counties, cities, cities and counties, or any other local governmental entity or political subdivision of the state.
(3)
When agents who are employees of nonprofit corporations are appointed, the corporation shall furnish evidence of minimum liability insurance covering said agent in the amount of one hundred thousand dollars. The state shall not be liable for the actions of such agents. Agents of the bureau shall submit to training as specified by the commissioner.
(4)
Agents of the bureau who have completed training as specified by the commissioner are vested with the power to conduct investigations and issue summonses and complaints to enforce the provisions of part 2 of article
9
of title
18
and article
80
of this title 35 as granted peace officers pursuant to section
16-2-104
, and are designated as peace officers, as described in sections
16-2.5-101
and
16-2.5-118
.
(5)
The commissioner may, in his discretion, revoke the commission of any agent.
(6)
The commissioner may in his discretion determine classifications and subclassifications for commissions of agent.
(7)
Agents authorized to investigate cases involving livestock shall be employees of the division, the division of animal health, or the division of brand inspection of the department or any sheriffs when appointed and within their jurisdiction.
(8)
All commissions issued by the commissioner shall expire on the anniversary date of issuance.
(9)
A commission may, in the discretion of the commissioner, be renewed.
(10)
All commissions shall be approved by the state agricultural commission.
Amended by 2024 Ch. 288,§ 5, eff. 8/7/2024.
Amended by 2020 Ch. 154, § 2, eff. 9/14/2020.
L. 90: Entire article R&RE, p. 1606, § 1, effective July 1. L. 94: (4) amended, p. 1312, § 14, effective July 1. L. 2003: (4) amended, p. 1628, § 60, effective August 6. L. 2020: (2) and (4) amended, (SB 20-104) ch. 154, p. 661, § 2, effective September 14.
This section is similar to former §§ 35-42-103 and 35-42-104 as they existed prior to 1990.
2024 Ch. 288, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in SB 20-104, see section 1 of chapter 154, Session Laws of Colorado 2020.
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 35-42-108 - Care of confined animal

(1)
Except as authorized by law, no animal shall be confined without an adequate supply of food and water. If any animal is found to be confined without adequate food or water, it shall be lawful for any officer or agent of the bureau, a peace officer within his jurisdiction, or a licensed veterinarian to, from time to time as may be necessary, enter into any and upon any area or building where such animal is confined and supply it with adequate food and water; except that such entry shall not be made into any building which is a person's residence, unless by search warrant or court order.
(2)
Such officer, agent, peace officer, or veterinarian shall not be liable in any action for such entry.
(3)
Notice of the entry and care shall be given by posting such notification at an entrance to or at a conspicuous place upon such area or building where such animal is confined.
(4)
In the case of companion animals, if such animal is not cared for by a person other than an agent or officer of the bureau or a peace officer or veterinarian within seventy-two hours of the posting of said notification, such animal shall be presumed to have been abandoned under circumstances in which the animal's life or health is endangered.
L. 90: Entire article R&RE, p. 1607, § 1, effective July 1.
This section is similar to former § 35-42-105 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 35-42-110 - Injured animals may be euthanized

Any agent of the bureau or peace officer, as described in section
16-2.5-101
, C.R.S., may lawfully euthanize or cause to be euthanized, as defined in section
18-9-201
(2.7), C.R.S., any animal in his or her charge when, in the judgment of such agent or peace officer, and in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery. In the event a licensed veterinarian is not available, the animal may be euthanized if, by the written certificate of two persons, one of whom may be selected by the owner if the owner so requests, called to view the animal in the presence of the agent, the animal appears to be severely injured past recovery, severely disabled past recovery, severely diseased past recovery, or unfit for any useful purpose.
L. 90: Entire article R&RE, p. 1609, § 1, effective July 1. L. 2003: Entire section amended, p. 1625, § 47, effective August 6. L. 2007: Entire section amended, p. 726, § 6, effective July 1.
This section is similar to former § 35-42-107 as it existed prior to 1990.