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 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-111 - Quarantine

(1)
Whenever the commissioner deems it necessary to quarantine any specific livestock, premises, county, district, or section of the state for the purpose of preventing the spread of an infectious or contagious disease among the livestock within the state, the commissioner may, through the state veterinarian, call on all sheriffs or other peace officers of any county within the state to assist in maintaining such quarantine and to arrest anyone who may violate such quarantine or any rules made by the commissioner for the purpose of maintaining such quarantine. It is the duty of all sheriffs or other peace officers to act in such cases when so called upon, and they shall be allowed such recompense as is provided by statute for similar services.
(2)
The commissioner may place a hold upon any specific livestock, premises, county, district, or section of the state for the purpose of preventing the spread of an infectious or contagious disease when clinical signs and symptoms suggest the presence of the disease and laboratory confirmation is pending.
(3)
Once testing has confirmed the presence of an infectious or contagious disease, the commissioner may quarantine any specific livestock, premises, county, district, or section of the state for the purpose of preventing the spread of any infectious or contagious disease within the state.
(4)
Whenever the commissioner finds it necessary to quarantine any livestock, ranch, farm, premises, or portion of this state because of an infectious or contagious disease, the commissioner may hold in quarantine such ranch, farm, premises, or part of this state as the commissioner may deem necessary after all livestock have been removed therefrom, until such time as in the judgment of the state veterinarian there is no further risk of exposing livestock to disease by permitting them to inhabit such quarantined area.
(5)
Held or quarantined livestock shall be treated, fed, and cared for at the expense of the owner. All expenses of a hold or quarantine shall be borne by the owner of the livestock so held or quarantined and shall constitute a lien on such livestock.
Amended by 2023 Ch. 222,§ 5, eff. 5/18/2023.
L. 2005: Entire article R&RE, p. 454, § 1, effective December 1.
This section is similar to former §§ 35-50-110 and 35-50-116 as they existed prior to 2005, and the former § 35-50-111 was relocated to §
35-50-113
.
For quarantine procedures affecting the movement of livestock, see § 35-53-111 .
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-112 - Importation of livestock - pet animal health certificates

(1)
It is unlawful for any person, firm, or corporation to ship or drive into Colorado any livestock unless such livestock are accompanied by an official health certificate, except as may be set forth in rules promulgated by the commissioner. Such health certificate shall be in the form and manner as prescribed by the commissioner. No livestock known to be affected with, or exposed to, any infectious or contagious disease may be imported into Colorado except as authorized by rule. Livestock shall also meet all federal interstate requirements.
(2)
The commissioner may promulgate rules creating and requiring pet animal health certificates. For the purposes of this section, "pet animal" means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any other species of wild, domestic, or hybrid animal kept as a household pet, except livestock as defined in section
35-50-103(7)
.
L. 2005: Entire article R&RE, p. 455, § 1, effective December 1.
This section is similar to former § 35-50-102 as it existed prior to 2005.
For sanitary rules as to movement of livestock, see §§ 35-53-111 and 35-53-112.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-113 - Condemnation of livestock

(1)
Whenever the state veterinarian reports to the commission that there exists an outbreak of contagious or infectious disease among livestock of this state of such a character as to endanger and imperil the livestock of the state, the commission, upon approval of the governor, may issue an order of condemnation to condemn and destroy any livestock so infected or any livestock that has been exposed to or is deemed by the commission capable of communicating such contagious or infectious disease to other livestock and to condemn and destroy any barns, sheds, corrals, pens, or other property that the commission may determine is necessary to be destroyed in order to prevent the spread of such contagion or infection. Such condemnation and destruction shall take place only when in the opinion of the commission and the governor an emergency exists and such action is justified and necessary for the safety and protection of the livestock of this state.
(2)
Whenever the commission finds it necessary to condemn and destroy any animals or property within this state because of any contagious or infectious disease, the animals or property shall not be destroyed until after a fair appraisal has been made of the value of the animals or property by two appraisers, one to be appointed by the commissioner and one by the owner of the property to be destroyed. The appraisers shall each make a report to the commission under oath as to their appraisals, and the commission shall forward such appraisals to the governor with such recommendation as to the proportion of such appraisement to be considered a just bill against the state of Colorado as the commission may think right. Within ninety days after receiving the appraisals and recommendation, the governor shall determine the appropriate appraisement. If the governor fails to make a determination within ninety days after receiving the appraisals and recommendation, the commission's recommended appraisal will become the determined appraisal.
(3)
Any dispute or protest regarding the appraisal shall not delay destruction of the animals or property.
Amended by 2023 Ch. 222,§ 6, eff. 5/18/2023.
L. 2005: Entire article R&RE, p. 455, § 1, effective December 1.
This section is similar to former §§ 35-50-111 and 35-50-113 as they existed prior to 2005.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-115 - Cervidae disease revolving fund - creation

(1)
(a)
The commission may levy an assessment on the owners of alternative livestock cervidae or captive wildlife cervidae, which shall be transmitted to the state treasurer, who shall credit the same to the cervidae disease revolving fund, which fund is hereby created. The commission shall determine the assessment. The assessment must be in an amount, not to exceed eight dollars per head of cervidae per year, reflecting the direct and indirect expenses of carrying out the purposes of this section. The commission shall administer the fund, which must be maintained at a level of no more than two hundred thousand dollars. Administration of the fund includes setting a minimum reserve level for the fund. The commission shall not levy or collect an assessment on cervidae owned by a zoological park that is accredited by the American zoo and aquarium association. A zoological park that does not pay into the fund is not eligible for indemnification pursuant to this section.
(b)
If the fund reaches a level of two hundred thousand dollars or more, the commission shall cease making any assessments until such time as the level of the fund falls below two hundred thousand dollars and the commission determines that a levy is necessary.
(2)
(a)
The moneys in the fund may be used to indemnify owners of cervidae destroyed for the control of contagious and infectious diseases.
(b)
Combined state and federal indemnity must not exceed eighty percent of market value of the destroyed cervidae, as determined by the commission.
(c)
The amount of indemnification payments to owners of cervidae destroyed under order of the state veterinarian for the control of contagious and infectious disease shall be determined by the commission.
(3)
All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall be a part of the 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. Moneys in the fund are hereby continuously appropriated to the commission for direct and indirect expenses incurred in carrying out the purposes of this section.
Amended by 2020 Ch. 70,§ 46, eff. 9/14/2020.
L. 2005: Entire article R&RE, p. 457, § 1, effective December 1.
This section is similar to former § 35-50-114.5 as it existed prior to 2005.
For the legislative declaration in SB 20-136, see section 1 of chapter 70, 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 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-116 - Unlawful acts

(1)
Unless otherwise authorized by law, it is unlawful and a violation of this article 50 for any person:
(a)
To refuse or fail to comply with the provisions of this article;
(b)
To refuse or fail to comply with any rules adopted by the commissioner pursuant to this article or with any lawful order issued by the commissioner;
(c)
To refuse or fail to comply with a cease-and-desist order issued pursuant to section
35-50-117
;
(d)
To impersonate any state official or authorized representative as defined in this article;
(e)
To refuse to permit the state veterinarian to inspect and test any livestock pursuant to this article or rules adopted by the commissioner pursuant this article. Each day of refusal by the owner of livestock to submit such livestock for inspection and testing shall be deemed a separate offense.
(f)
To violate any provision of a hold or quarantine;
(g)
To fail or refuse to identify livestock pursuant to section
35-50-109
or rules adopted by the commissioner pursuant to section
35-50-105 (3)(j)
or to remove or tamper with such identification;
(h)
To fail or refuse to report a disease pursuant to section
35-50-108
;
(i)
To knowingly permit livestock infected with or exposed to an infectious or contagious disease to run at large or come into contact with another animal, except as permitted by rule adopted by the commissioner pursuant to this article;
(j)
To harbor, sell, or otherwise dispose of any livestock or livestock part infected with or exposed to a reportable disease unless specifically permitted by the state veterinarian and unless such disposal is fully disclosed;
(k)
To import into the state any livestock or livestock part infected with or exposed to any infectious or contagious disease, except as permitted by rule adopted by the commissioner pursuant to this article;
(l)
To harbor, sell, or otherwise trade in or import into the state any infectious agent, host, or vector, except as permitted by rule adopted by the commissioner pursuant to this article; or
(m)
To alter or falsify any health certificate issued for the import or export of animals into or out of the state.
Amended by 2023 Ch. 222,§ 7, eff. 5/18/2023.
L. 2005: Entire article R&RE, p. 457, § 1, effective December 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-117 - Enforcement

(1)
The commission or its designee shall enforce this article.
(2)
Whenever the commission or its designee has reasonable cause to believe a violation of any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, the commission or its designee may issue an order requiring a person to cease and desist from such violation. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease immediately. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted in accordance with article
4
of title
24
, C.R.S., and shall be determined promptly.
(3)
Whenever the commission or its designee possesses satisfactory evidence that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commission or its designee may apply to a 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 commission or its designee 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 commission or its designee to post a bond.
L. 2005: Entire article R&RE, p. 459, § 1, effective December 1.
This section is similar to former § 35-50-145.2 as it existed prior to 2005, and the former § 35-50-117 was relocated to §
35-50-104
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-118 - Civil penalties

(1)
A 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 a court of competent jurisdiction or by the commission or the commission's designee. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule on at least one prior occasion occurring after March 23, 1995.
(2)
No civil penalty may be imposed by the commission or its designee 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 commission or its designee is unable to collect the civil penalty, or if a person fails to pay all or a set portion of the civil penalty as determined by the commission or its designee, the commission may bring suit to recover such amount plus costs and attorney fees by action in a court of competent jurisdiction.
(4)
Before imposing any civil penalty, the court, the commission, or the commission's designee may consider the effect of such penalty on the person charged.
(5)
All penalties collected pursuant to this section shall be transmitted to the diseased livestock indemnity fund created in section
35-50-114(3)
.
L. 2005: Entire article R&RE, p. 459, § 1, effective December 1.
This section is similar to former § 35-50-145.1 as it existed prior to 2005, and the former § 35-50-118 was relocated to §
35-50-109
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-119 - Criminal penalties

(1)
Except as set forth in subsection (2) of this section, any person, firm, partnership, association, or corporation, and any officer or agent thereof, who violates any of the provisions of this article 50 or any lawful order or rule of the commissioner commits a class 2 misdemeanor.
(2)
A person who moves or causes to be moved any single head or any herd of cattle, horses, sheep, goats, swine, poultry, or other livestock from a hold or quarantined area in violation of a hold or quarantine order or who knowingly or unlawfully introduces a reportable disease into the state commits a class 1 misdemeanor and, upon conviction thereof, shall be punished pursuant to title 18. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.
Amended by 2021 Ch. 462, § 648, eff. 3/1/2022.
L. 2005: Entire article R&RE, p. 460, § 1, effective December 1. L. 2021: Entire section amended, (SB 21-271), ch. 3283, p. 3283, § 648, effective 3/1/2022.
(1) This section is similar to former §§ 35-50-110 and 35-50-145 as they existed prior to 2005, and the former § 35-50-119 was relocated to §
35-50-110
.
(2) 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 quarantine procedures affecting the movement of livestock, see § 35-53-111 .
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-120 - Information sharing and analysis

(1)
Except as set forth in subsection (2) of this section, information obtained and maintained by the commissioner pursuant to this article and rules promulgated pursuant to this article and the results of surveillance and investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until the matter is dismissed without further action or until a quarantine is issued.
(2)
As to any enforcement actions taken or the imposition of civil penalties, complaints of record made to the commissioner and the results of the commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section
24-72-202(4)
, C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a respondent or other official action is taken.
L. 2005: Entire article R&RE, p. 460, § 1, effective December 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-121 - Rights of secured parties

Each secured party, whose security interest in the subject livestock appears in the list of effective filings as maintained by the central filing officer pursuant to the "Central Filing of Effective Financing Statement Act", article
9.5
of title
4
, C.R.S., prior to the commissioner's payment to the owner of any excess sales proceeds pursuant to section
35-50-109(7)
; prior to the issuance to the owner of the state's certificate of indebtedness pursuant to section
35-50-114(1)
; or prior to the commissioner's authorization of payment of indemnity pursuant to section
35-50-114(2)
shall have a right to the proceeds of any such payment or indemnity or to such certificate of indebtedness, which is prior to that of the owner, and the commissioner or the governor, as the case may be, shall cause the foregoing to be paid or issued jointly to each such secured party and to the owner.
L. 2005: Entire article R&RE, p. 461, § 1, effective December 1.
The former § 35-50-121 was relocated to §
35-50-105
in 2005.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-122 - Saving clause

Nothing in this article diminishes or supersedes the concurrent jurisdiction or the authorities of the parks and wildlife commission or the agriculture commission to regulate captive wildlife and alternative livestock.
L. 2005: Entire article R&RE, p. 461, § 1, effective December 1. L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1238, § 102, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50.5 - CONFINEMENT OF CALVES RAISED FOR VEAL AND PREGNANT SOWS (§§ 35-50.5-101 — 35-50.5-103) › Section 35-50.5-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Calf raised for veal" means a member of the bovine species kept for the purpose of producing the food product known as veal.
(2)
"Farrowing" means the process of a gestating sow giving birth to offspring.
(3)
"Farrowing unit" means a structure in which a single gestating sow is kept immediately prior to and during farrowing for the purposes of providing care to the sow and the sow's offspring.
(4)
"Gestating sow" means a confirmed pregnant member of the porcine species.
(5)
"Person" shall have the meaning set forth in section
2-4-401
, C.R.S.
L. 2008: Entire article added, p. 861, § 2, effective May 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50.5 - CONFINEMENT OF CALVES RAISED FOR VEAL AND PREGNANT SOWS (§§ 35-50.5-101 — 35-50.5-103) › Section 35-50.5-102 - Confinement of calves raised for veal and pregnant sows - exceptions - penalty

(1)
No person shall confine a calf raised for veal or gestating sow in any manner other than the following:
(a)
A calf raised for veal shall be kept in a manner that allows the calf to stand up, lie down, and turn around without touching the sides of its enclosure.
(b)
A gestating sow shall be kept in a manner that allows the sow to stand up, lie down, and turn around without touching the sides of its enclosure until no earlier than twelve days prior to the expected date of farrowing. At that time, a gestating sow may be kept in a farrowing unit.
(2)
This section shall not apply during the following:
(a)
Periods of scientific or agricultural research;
(b)
Examination, testing, or individual veterinary treatment;
(c)
Transportation;
(d)
Exhibitions at rodeos, fairs, or youth programs; or
(e)
Slaughter pursuant to article
33
of this title and rules adopted pursuant to article
33
of this title.
(3)
A person who violates any provision of this section commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.
L. 2008: Entire article added, p. 862, § 2, effective May 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50.5 - CONFINEMENT OF CALVES RAISED FOR VEAL AND PREGNANT SOWS (§§ 35-50.5-101 — 35-50.5-103) › Section 35-50.5-103 - Applicability

(1)
This article shall apply to:
(a)
Calves raised for veal, on and after January 1, 2012; and
(b)
Gestating sows, on and after January 1, 2018.
L. 2008: Entire article added, p. 862, § 2, effective May 14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 51 - ANIMAL BIOLOGICAL PRODUCTS (§§ 35-51-101 — 35-51-104) › Section 35-51-101 - Manufacturer required to have federal license

Any person, firm, or corporation operating a plant or laboratory in this state for the manufacture of animal biological products, including animal serums, vaccines, bacterins, and animal virus, offered for sale and recommended by the manufacturer for the treatment or prevention of infectious or contagious animal diseases shall secure from the United States department of agriculture, bureau of animal industry, division of serum-virus control, a federal license authorizing the manufacture of said veterinary biological products and their sale in interstate commerce. This article shall not apply to the manufacture or sale of animal biological products manufactured under United States veterinary license or produced by the United States department of agriculture, bureau of animal industry.
L. 41: p. 94, § 1. CSA: C. 58, § 75. CRS 53: § 48-7-1. C.R.S. 1963: § 48-6-1.
The functions of the bureau of animal industry were transferred to the secretary of agriculture by the federal reorganization plan of 1947, 61 Stat. 952.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 51 - ANIMAL BIOLOGICAL PRODUCTS (§§ 35-51-101 — 35-51-104) › Section 35-51-102 - Penalty for violation

It is unlawful to manufacture or sell animal biological products as defined in section
35-51-101
, except in compliance with the provisions of this article 51, and any person, firm, or corporation violating the provisions of this article 51 commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 649, eff. 3/1/2022.
L. 41: p. 94, § 2. CSA: C. 58, § 76. CRS 53: § 48-7-2. C.R.S. 1963: § 48-6-2. L. 2021: Entire section amended, (SB 21-271), ch. 3284, p. 3284, § 649, 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 51 - ANIMAL BIOLOGICAL PRODUCTS (§§ 35-51-101 — 35-51-104) › Section 35-51-103 - Civil penalties

(1)
Any person who violates any provision of this article or of any rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or the commissioner. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule on at least one prior occasion occurring after March 23, 1995.
(2)
No civil penalty may be imposed by the commissioner 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 commissioner is unable to collect the 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 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 court or the commissioner may consider the effect of such penalty on the person charged.
(5)
All penalties collected pursuant to this section shall be transmitted to the general fund.
L. 95: Entire section added, p. 66, § 3, effective March 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 51 - ANIMAL BIOLOGICAL PRODUCTS (§§ 35-51-101 — 35-51-104) › Section 35-51-104 - Enforcement

(1)
The commissioner shall enforce the provisions of this article.
(2)
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, the commissioner may issue an order requiring any person to cease and desist from such violation. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease immediately. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of article
4
of title
24
, C.R.S., and shall be determined promptly.
(3)
Whenever the commissioner possesses evidence satisfactory to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner 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.
L. 95: Entire section added, p. 68, § 3, effective March 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Garbage" means all refuse, animal or vegetable, and includes all waste material, by-products of a kitchen, restaurant, hospital, hotel, or slaughterhouse, and every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, but excludes such vegetable products as leaves and tops of vegetable plants which have not been mixed with or exposed to or which do not contain any other garbage or waste product prior to feeding to swine.
L. 65: p. 229, § 3. C.R.S. 1963: § 8-6-12.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-102 - [Repealed]

L. 13: p. 596, § 1. C.L. § 3259. CSA: C. 160, § 189. CRS 53: § 8-6-1. C.R.S. 1963: § 8-6-1. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-103 - [Repealed]

L. 13: p. 596, § 2. C.L. § 3260. CSA: C. 160, § 190. CRS 53: § 8-6-2. C.R.S. 1963: § 8-6-2. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-104 - [Repealed]

L. 13: p. 596, § 3. C.L. § 3261. CSA: C. 160, § 191. CRS 53: § 8-6-3. C.R.S. 1963: § 8-6-3. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-105 - [Repealed]

L. 13: p. 597, § 4. C.L. § 3262. CSA: C. 160, § 192. CRS 53: § 8-6-4. C.R.S. 1963: § 8-6-4. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-106 - [Repealed]

L. 13: p. 597, § 5. C.L. § 3263. CSA: C. 160, § 193. CRS 53: § 8-6-5. C.R.S. 1963: § 8-6-5. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-107 - [Repealed]

L. 13: p. 597, § 6. C.L. § 3264. CSA: C. 160, § 194. CRS 53: § 8-6-6. C.R.S. 1963: § 8-6-6. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-108 - [Repealed]

L. 13: p. 597, § 7. C.L. § 3265. CSA: C. 160, § 195. CRS 53: § 8-6-7. C.R.S. 1963: § 8-6-7. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-109 - [Repealed]

L. 13: p. 597, § 8. C.L. § 3266. CSA: C. 160, § 196. CRS 53: § 8-6-8. C.R.S. 1963: § 8-6-8. L. 65: p. 228, § 1. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-110 - [Repealed]

L. 13: p. 598, § 9. C.L. § 3267. CSA: C. 160, § 197. CRS 53: § 8-6-9. C.R.S. 1963: § 8-6-9. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-111 - Penalty

Any person, firm, partnership, or corporation violating the provisions of this article 52 commits a civil infraction.
Amended by 2021 Ch. 462, § 650, eff. 3/1/2022.
L. 13: p. 598, § 10. C.L. § 3268. CSA: C. 160, § 198. CRS 53: § 8-6-10. C.R.S. 1963: § 8-6-10. L. 65: p. 228, § 2. L. 2021: Entire section amended, (SB 21-271), ch. 3284, p. 3284, § 650, 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 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-111.1 - Civil penalties

(1)
Any person who violates any provision of this article or of any rule adopted pursuant to this article is subject to a civil penalty as determined by a court of competent jurisdiction or the commissioner. The penalty shall not exceed one thousand dollars per violation; except that such penalty may be doubled if it is determined, after notice and an opportunity for hearing, that the person has violated the provision or rule on at least one prior occasion occurring after March 23, 1995.
(2)
No civil penalty may be imposed by the commissioner 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 commissioner is unable to collect the 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 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 court or the commissioner may consider the effect of such penalty on the person charged.
(5)
All penalties collected pursuant to this section shall be transmitted to the general fund.
L. 95: Entire section added, p. 69, § 4, effective March 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-111.2 - Enforcement

(1)
The commissioner shall enforce the provisions of this article.
(2)
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, the commissioner may issue an order requiring any person to cease and desist from such violation. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease immediately. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of article
4
of title
24
, C.R.S., and shall be determined promptly.
(3)
Whenever the commissioner possesses evidence satisfactory to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner 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.
L. 95: Entire section added, p. 69, § 4, effective March 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-112 - [Repealed]

L. 65: p. 229, § 3. C.R.S. 1963: § 8-6-11. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-113 - Garbage cooking

(1)
It is unlawful for any person, firm, partnership, or corporation, including eleemosynary institutions, to feed garbage to animals unless such garbage has been heated throughout to boiling or equivalent temperature for thirty minutes or heated according to a method specifically promulgated by the state agricultural commission; but this requirement shall not apply to an individual who feeds to his own animals only the garbage obtained from his household.
(2)
Garbage to be fed to swine located within the state of Colorado shall be cooked or heated as provided in subsection (1) of this section by one or more of the following methods:
(a)
Wet steaming or boiling in an open vat;
(b)
Dry steaming or boiling in a jacketed kettle;
(c)
Steaming in a pressure cylinder;
(d)
Steam boilers; or
(e)
Direct heating.
L. 65: p. 229, § 3. C.R.S. 1963: § 8-6-13.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-114 - Permit to be obtained

Prior to the feeding of garbage to any swine located in the state of Colorado, the owner or feeder, as the case may be, shall first obtain a permit from the state agricultural commission. The applicant for a garbage feeding permit shall certify in the application that he has facilities for cooking garbage in one or more of the methods described in section
35-52-113(2)
. The state agricultural commission must, within a reasonable time, ascertain that such facilities are as represented and, if the requirements of section
35-52-113
can be fulfilled, issue a permit to the applicant.
L. 65: p. 230, § 3. C.R.S. 1963: § 8-6-14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-115 - Revocation of permit

Upon receipt of evidence that any person having a permit under this article has violated or failed to comply with any of the provisions of this article or any of the rules or regulations promulgated under this article, the state agricultural commission may order a hearing for the purpose of reviewing the evidence and determining the true facts. If said facts support the violation, the commission may revoke such permit or may refuse to issue a permit to an applicant therefor.
L. 65: p. 230, § 3. C.R.S. 1963: § 8-6-15.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-116 - Premises sanitation

Premises shall be free of collections of unused garbage and waste materials. Rat and fly control measures shall be practiced as a further means of prevention of the spread of diseases.
L. 65: p. 230, § 3. C.R.S. 1963: § 8-6-16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-117 - Premises inspection

Any authorized representative of the department of agriculture shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of the conditions relating to the treating of garbage to be fed to swine as required by this article.
L. 65: p. 230, § 3. C.R.S. 1963: § 8-6-17.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-118 - Administration and equipment

The department of agriculture is charged with administration and enforcement of this article in conjunction with such rules and regulations as may be promulgated by the state agricultural commission to carry out its provisions.
L. 65: p. 230, § 3. C.R.S. 1963: § 8-6-18.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 52 - HOGS (§§ 35-52-101 — 35-52-119) › Section 35-52-119 - [Repealed]

L. 65: p. 230, § 3. C.R.S. 1963: § 8-6-19. L. 81: Entire section repealed, p. 1724, § 1, effective April 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 53 - TRANSPORTATION OF LIVESTOCK (§§ 35-53-101 — 35-53-133) › Section 35-53-102 - Duties of brand inspector

It is the duty of the brand inspector, who shall be notified as provided in section
35-53-105
, or shall be selected by the board of stock inspection commissioners, to inspect the brands and earmarks of any cattle, horses, or mules to be transported by rail, truck, or other conveyance from any point within this state to any point within or without the state or to be driven out of the state, and to make a report to the state board of stock inspection commissioners, which he shall certify to as correct, of the result of such inspection at least once every thirty days or oftener if in the opinion of the board of stock inspection commissioners it is necessary to do so. It is also the duty of said brand inspector to furnish to any person, firm, association, or corporation, or any agents, servants, or employees thereof, having cattle, horses, or mules destined to be so shipped or driven, a certificate to the effect that he has duly inspected the brands and earmarks of any such cattle, horses, or mules enumerated and designated in the notice furnished such brand inspector.
L. 03: p. 441, § 21. R.S. 08: § 6412. C.L. § 3214. L. 27: p. 668, § 5. CSA: C. 160, § 131. CRS 53: § 8-3-2. C.R.S. 1963: § 8-3-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 53 - TRANSPORTATION OF LIVESTOCK (§§ 35-53-101 — 35-53-133) › Section 35-53-103 - False report - certificate - penalty

Any inspector who knowingly makes any false certificate under the provisions of section
35-53-102
to the state board of stock inspection commissioners commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 651, eff. 3/1/2022.
L. 03: p. 442, § 22. R.S. 08: § 6413. C.L. § 3215. CSA: C. 160, § 132. CRS 53: § 8-3-3. C.R.S. 1963: § 8-3-3. L. 2021: Entire section amended, (SB 21-271), ch. 3284, p. 3284, § 651, 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 53 - TRANSPORTATION OF LIVESTOCK (§§ 35-53-101 — 35-53-133) › Section 35-53-104 - [Repealed]

L. 03: p. 440, § 18. L. 07: p. 591, § 1. R.S. 08: § 6408. C.L. § 3210. L. 27: p. 666, § 3. CSA: C. 160, § 127. L. 51: p. 785, § 1A. L. 53: p. 584, § 2. CRS 53: § 8-3-5. C.R.S. 1963: § 8-3-4. L. 84: Entire section repealed, p. 944, § 1, effective March 26.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 53 - TRANSPORTATION OF LIVESTOCK (§§ 35-53-101 — 35-53-133) › Section 35-53-106 - Substitution of animals - penalty

Any person, firm, association, or corporation, or any agent or employee thereof, who ships any animals other than those described in the certificate provided by the brand inspector inspecting such animals, as provided in section
35-53-105
, or who removes any of said animals and substitutes others therefor without the knowledge of said inspector commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 652, eff. 3/1/2022.
L. 03: p. 441, § 20. R.S. 08: § 6411. C.L. § 3213. CSA: C. 160, § 130. CRS 53: § 8-3-7. C.R.S. 1963: § 8-3-6. L. 2021: Entire section amended, (SB 21-271), ch. 3284, p. 3284, § 652, 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 53 - TRANSPORTATION OF LIVESTOCK (§§ 35-53-101 — 35-53-133) › Section 35-53-107 - Disposition of stock taken by officer

In making any inspection of any animals prior to shipment by rail, truck, or other conveyance or removal from the state, if any inspector finds any animals bearing marks and brands other than those of the owner of the other cattle in said shipment and if said owner or shipper fails to exhibit a bill of sale or other authority for the possession of said animals in said shipment, the inspector shall forthwith declare them to be estrays and shall take possession of the same for the state board of stock inspection commissioners and dispose of the same according to the rules and regulations prescribed by said board.
L. 03: p. 442, § 24. R.S. 08: § 6415. C.L. § 3217. L. 27: p. 670, § 7. CSA: C. 160, § 134. CRS 53: § 8-3-9. C.R.S. 1963: § 8-3-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 53 - TRANSPORTATION OF LIVESTOCK (§§ 35-53-101 — 35-53-133) › Section 35-53-108 - Disposition of estrays

The state board of stock inspection commissioners is empowered to make such reasonable rules and regulations regarding the disposition of estrays taken up by inspectors, as provided in section
35-53-107
, as may seem to said board to be proper and just and for the best interests of the owners of same.
L. 03: p. 443, § 25. R.S. 08: § 6416. C.L. § 3218. CSA: C. 160, § 135. CRS 53: § 8-3-10. C.R.S. 1963: § 8-3-8.
For rule-making procedures, see article 4 of title 24; for disposition of estrays generally, see article 44 of this title; for powers of municipalities to restrain and impound estrays, see § 31-15-401(1)(m).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 53 - TRANSPORTATION OF LIVESTOCK (§§ 35-53-101 — 35-53-133) › Section 35-53-109 - Amount received paid to owner

Any person, association, or corporation establishing to the satisfaction of the state board of stock inspection commissioners the ownership of any estray animals which have been sold by said board, and the amount realized from such sale deposited in the estray fund, as provided in section
35-41-102
, shall be forthwith paid the amount for which said animals were sold.
L. 03: p. 443, § 27. R.S. 08: § 6418. L. 09: p. 508, § 1. C.L. § 3220. CSA: C. 160, § 137. CRS 53: § 8-3-11. C.R.S. 1963: § 8-3-9.