HOUSE BILL 981101
BY REPRESENTATIVES Young, K. Alexander, Smith, and Taylor;
also SENATORS Wattenberg and Chlouber.
CONCERNING REGULATION OF THE LIVESTOCK INDUSTRY BY
THE DIVISION OF BRAND INSPECTION IN THE DEPARTMENT OF AGRICULTURE,
AND, IN CONNECTION THEREWITH, INCREASING FEES FOR LIVESTOCK INSPECTION,
PROVIDING FOR THE PUBLIC SALE OF ABANDONED BRANDS, CREATING AN
ANNUAL TRANSPORTATION PERMIT FOR CATTLE AND ALTERNATIVE LIVESTOCK,
AND AUTHORIZING THE CERTIFICATION OF FEEDLOTS BY THE STATE BOARD
OF STOCK INSPECTION COMMISSIONERS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3541100.3,
Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING
NEW SUBSECTIONS to read:
3541100.3. Definitions.
As used in this article, unless the context otherwise requires:
(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.
(1.7) "EQUINE LIVESTOCK" MEANS
ALL HORSES, MULES, AND BURROS.
SECTION 2. 3541104
(1) and (2), the introductory portion to 3541104 (3),
and 3541104 (4) and (6), Colorado Revised Statutes,
are amended, and the said 3541104 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
3541104. Board's authority
to impose fees and charges. (1) Bovine
livestock. (a) The board is hereby authorized to
levy and collect, through authorized brand inspectors, a perhead
inspection tax
FEE of not more than forty cents on all BOVINE livestock inspected;
except that the charges for livestock shipped to
slaughter directly from a feedlot within twentyfour hours
after inspection in such feedlot
DIRECTLY TO A LICENSED SLAUGHTER PLANT are as follows: For the
first five hundred head per owner per certificate, two cents below
the set inspection fee, and for over five hundred head per owner
per certificate, five cents below the set inspection fee. Such
sliding scale charges shall take effect at such time as the set
inspection fee exceeds thirtyfour cents. THE INSPECTION
FEE ESTABLISHED PURSUANT TO THIS PARAGRAPH (a) SHALL APPLY WHEN
ANY BOVINE LIVESTOCK ARE BEING CONSIGNED TO A COLORADOLICENSED
PUBLIC LIVESTOCK MARKET.
(b) In addition, the board is authorized
to levy and collect, through authorized brand inspectors, a service
charge of not less than one dollar nor more than seven dollars
and fifty cents MINIMUM FEE OF NOT
MORE THAN TEN DOLLARS from each person, company, or corporation
requesting the brand inspection or from whom a brand inspection
is required by law; except that, when cattle which are owned by
more than one person are inspected at one site, only one service
charge SUCH MINIMUM FEE shall be
collected. The tax established pursuant
to this subsection (1), but not the service charge, shall apply
when branded or unbranded livestock are being consigned to a Colorado
licensed public livestock market or a licensed slaughterhouse.
THE MINIMUM FEE SHALL BE DUE AND PAYABLE TO THE INSPECTOR WHEN
THE INSPECTOR ARRIVES AT THE DESIGNATED INSPECTION POINT, WHETHER
OR NOT AN INSPECTION OF THE LIVESTOCK ACTUALLY TAKES PLACE.
(1.5) Equine livestock. (a) THE
BOARD IS HEREBY AUTHORIZED TO LEVY AND COLLECT, THROUGH AUTHORIZED
BRAND INSPECTORS, A PERHEAD INSPECTION FEE OF NOT MORE THAN
ONE DOLLAR ON ALL EQUINE LIVESTOCK INSPECTED. THE INSPECTION
FEE ESTABLISHED PURSUANT TO THIS PARAGRAPH (a) SHALL APPLY WHEN
ANY EQUINE LIVESTOCK ARE BEING CONSIGNED TO A COLORADOLICENSED
PUBLIC LIVESTOCK MARKET.
(b) IN ADDITION, THE BOARD IS AUTHORIZED
TO LEVY AND COLLECT, THROUGH AUTHORIZED BRAND INSPECTORS, A MINIMUM
FEE OF NOT MORE THAN TEN DOLLARS FROM EACH PERSON, COMPANY, OR
CORPORATION REQUESTING THE BRAND INSPECTION OR FROM WHOM A BRAND
INSPECTION IS REQUIRED BY LAW. THE MINIMUM FEE SHALL BE DUE AND
PAYABLE TO THE INSPECTOR WHEN THE INSPECTOR ARRIVES AT THE DESIGNATED
INSPECTION POINT, WHETHER OR NOT AN INSPECTION OF THE LIVESTOCK
ACTUALLY TAKES PLACE.
(2) It is the duty of all authorized Colorado
brand inspectors to inspect all livestock, except such as are
exempt by law, that are offered for sale or to be moved interstate
or intrastate and to collect the tax
and service charge thereon FEES ESTABLISHED
PURSUANT TO SUBSECTIONS (1) AND (1.5) OF THIS SECTION. Within
the limits prescribed by this subsection (2), the board shall
determine the amount of the tax and
service charge which FEES THAT shall
be collected by authorized brand inspectors from the owner or
person in charge of said livestock before issuing a certificate
of brand inspection granting leave to the owner or person in charge
to offer the brand inspected livestock for sale or movement interstate
or intrastate. The tax and service
charge FEES so collected shall be
reported and transmitted to the board at such time and in such
manner as the board shall by regulation require.
(3) A brand
inspection tax fee INSPECTION FEES
as authorized in subsection (1)
SUBSECTIONS (1) AND (1.5) of this section shall be collected by
brand inspectors from the owners or persons in charge of said
livestock before issuing any certificate when:
(4) Minimum fee when inspection required
by law bovine livestock. A service
charge MINIMUM FEE of not more than
seven dollars and fifty cents
TEN DOLLARS shall be collected from each recorded
brand owner defined by person, company,
or corporation requesting the brand inspection or from whom a
brand inspection is required by law; except
when livestock are consigned for sale at a Colorado licensed public
livestock market or any licensed slaughterhouse
EXCEPT THAT, WHEN BOVINE LIVESTOCK OWNED BY MORE THAN ONE PERSON
ARE INSPECTED AT ONE SITE, ONLY ONE MINIMUM FEE SHALL BE COLLECTED.
NO MINIMUM FEE SHALL BE REQUIRED WHEN BOVINE LIVESTOCK ARE CONSIGNED
FOR SALE AT A COLORADOLICENSED PUBLIC LIVESTOCK MARKET.
(4.5) Minimum fee when inspection required
by law equine livestock. A MINIMUM FEE OF NOT MORE
THAN TEN DOLLARS SHALL BE COLLECTED FROM EACH PERSON, COMPANY,
OR CORPORATION REQUESTING THE BRAND INSPECTION OR FROM WHOM A
BRAND INSPECTION IS REQUIRED BY LAW. NO MINIMUM FEE SHALL BE
REQUIRED WHEN EQUINE LIVESTOCK ARE CONSIGNED FOR SALE AT A COLORADOLICENSED
PUBLIC LIVESTOCK MARKET.
(6) In the case of unbranded or freshly
branded calves inspected with their mothers in compliance with
section 3543129, in addition to the inspection tax
FEE for each calf inspected, mileage expense allowed by section
3543129 shall also be collected.
SECTION 3. 3543115
(1) and (3), Colorado Revised Statutes, are amended to read:
3543115. Assessment of
brands. (1) To revise and disencumber
the brand records of unused brands and to provide funds with which
to publish new brand books and otherwise assist in the operational
cost of the division of brand inspection, the state board of stock
inspection commissioners has the authority to impose an assessment,
not to exceed eighteen
THIRTY dollars per year or any fraction of a year and not to exceed
ninety
ONE HUNDRED FIFTY dollars in any one assessment period, on every
brand recorded in the office of the state board of stock inspection
commissioners on or before January 1, 1992
2002, to cover the fiveyear period beginning on January
1, 1992
2002, and ending on December 31, 1996
2006, and like assessments covering every five years thereafter.
It is the duty of the board to notify every owner of a recorded
brand of such assessment through the United States mail by letter
addressed to the owner at his
THE OWNER'S postoffice address as given in the brand records.
The assessment shall be due and payable within ninety days after
January 1 of the assessment year. If any owner of a recorded
brand fails or refuses to pay such assessment within said ninety
days, the board may mail a second notice by certified mail. If,
within ninety days after the second mailing, any owner of a recorded
brand fails or refuses to pay such assessment, such brand shall
be cancelled from the valid registry of livestock brands in the
office of the state board of stock inspection commissioners and
may be reissued and recorded as a new brand after the expiration
of three years from the date of such cancellation. The state
board of stock inspection commissioners shall give a receipt for
any such payment.
(3) As to any brand recorded prior to
the beginning of any assessment period, the state board of stock
inspection commissioners may
SHALL require one payment of all assessments for the entire fiveyear
period. As to any brand recorded on or after the commencement
of any assessment period, the state board of stock inspection
commissioners shall make the assessment for the year or fractional
part of the year in which the brand is recorded and for the remaining
years within that fiveyear period and may
SHALL require one payment of all such assessments.
SECTION 4. Article
43 of title 35, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
3543115.5. Abandoned brands
procedure sale proceeds.
(1) ANY BRAND THAT HAS BEEN CANCELLED FOR NONPAYMENT
OF THE ASSESSMENT PURSUANT TO SECTION 3543115 (1)
AND THAT, AS OF JUNE 30 OF ANY ASSESSMENT YEAR, HAS REMAINED UNCLAIMED
FOR AT LEAST FIVE YEARS SINCE THE DATE OF CANCELLATION SHALL BE
PRESUMED ABANDONED, AND ALL CLAIMS OR INTERESTS IN SUCH BRAND
SHALL BE DEEMED FORFEITED.
(2) IN ACCORDANCE WITH THE "STATE
ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24, C.R.S.,
THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS SHALL ADOPT
RULES GOVERNING THE PUBLICATION AND SALE OF ABANDONED BRANDS.
SUCH RULES SHALL INCLUDE, WITHOUT LIMITATION, PROVISIONS FOR
THE PUBLICATION OF A NOTICE OF ABANDONED BRANDS AND PROCEDURES
FOR THE PUBLIC SALE OF SUCH BRANDS.
(3) THE PURCHASER OF AN ABANDONED BRAND
AT A PUBLIC SALE SHALL TAKE ALL RIGHTS TO THE BRAND FREE AND CLEAR
OF ALL LIENS AND ENCUMBRANCES OF THE PRIOR OWNER OR OF ANY OTHER
PERSON. THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS SHALL
PROVIDE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSFER OF
OWNERSHIP OF THE BRAND.
(4) THE PROCEEDS OF THE SALE OF AN ABANDONED
BRAND, NET OF EXPENSES OF THE SALE, SHALL BE CREDITED TO THE BRAND
ASSESSMENT ACCOUNT IN THE BRAND INSPECTION FUND.
SECTION 5. 3553129
(1), Colorado Revised Statutes, is amended to read:
3553129. Permanent permit
for rodeo and other horses. (1) Competition
horses, other than contractorowned bucking horses, that
are used in rodeo and horse show competitions, registered breed
show horses, racehorses, special drill and pleasure horses, and
Colorado farm or ranch work or saddle horses shall be eligible
to receive a permanent transportation permit which
THAT shall be valid for both interstate and intrastate movement
if positive proof of ownership is established to the state board
of stock inspection commissioners or a duly authorized Colorado
brand inspector. Upon completion of an application form, approved
by the state board of stock inspection commissioners, which shall
give a thorough physical description showing all brands, no brands,
tattoos, or other characteristics carried by the horse, accompanied
by a copy of the brand inspection certificate and a transportation
permit fee regulated by the board of not more than ten
TWENTY dollars made payable to the state board of stock inspection
commissioners, a permanent hauling transportation permit shall
be issued which
THAT shall be good for the life of the horse unless a change of
ownership takes place, in which case the permit will become void.
The new owner may make application for permit by the same full
compliance as the prior owner. Any person fraudulently using
a transportation permit issued under this section commits a class
3 misdemeanor and shall be punished as provided in section 181106,
C.R.S.
SECTION 6. Article
53 of title 35, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
3553130. Annual transportation
permit for cattle or alternative livestock.
(1) BOVINE LIVESTOCK, AS DEFINED IN SECTION 3541100.3
(1.4), AND ALTERNATIVE LIVESTOCK, AS DEFINED IN SECTION 3541.5102
(1), SHALL BE ELIGIBLE TO RECEIVE AN ANNUAL TRANSPORTATION PERMIT
THAT SHALL BE VALID FOR BOTH INTERSTATE AND INTRASTATE MOVEMENT
IF POSITIVE PROOF OF OWNERSHIP IS ESTABLISHED TO THE STATE BOARD
OF STOCK INSPECTION COMMISSIONERS OR A DULY AUTHORIZED COLORADO
BRAND INSPECTOR. UPON COMPLETION OF AN APPLICATION FORM, APPROVED
BY THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS, WHICH SHALL
GIVE A THOROUGH PHYSICAL DESCRIPTION SHOWING ALL BRANDS, NO BRANDS,
TATTOOS, OR OTHER CHARACTERISTICS CARRIED BY THE ANIMAL, ACCOMPANIED
BY A COPY OF THE BRAND INSPECTION CERTIFICATE AND A TRANSPORTATION
PERMIT FEE REGULATED BY THE BOARD OF NOT MORE THAN TWENTY DOLLARS
MADE PAYABLE TO THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS,
AN ANNUAL HAULING TRANSPORTATION PERMIT SHALL BE ISSUED THAT SHALL
BE GOOD FOR ONE YEAR FROM THE DATE OF ISSUANCE UNLESS A CHANGE
OF OWNERSHIP TAKES PLACE, IN WHICH CASE THE PERMIT WILL BECOME
VOID. THE NEW OWNER MAY MAKE APPLICATION FOR PERMIT BY THE SAME
FULL COMPLIANCE AS THE PRIOR OWNER. ANY PERSON FRAUDULENTLY USING
A TRANSPORTATION PERMIT ISSUED UNDER THIS SECTION COMMITS A CLASS
3 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 181106,
C.R.S.
(2) A PERMIT ISSUED PURSUANT TO THIS SECTION
SHALL BE IN LIEU OF OTHER PERMITS REQUIRED UNDER THE PROVISIONS
OF THIS ARTICLE.
SECTION 7. Title
35, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW ARTICLE to read:
ARTICLE 53.5
Feedlot Certification
3553.5101. Short title.
THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "FEEDLOT
CERTIFICATION ACT".
3553.5102. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "BOARD" MEANS THE STATE
BOARD OF STOCK INSPECTION COMMISSIONERS CREATED IN SECTION 3541101
(1).
(2) "BRAND COMMISSIONER" MEANS
THE BRAND COMMISSIONER APPOINTED BY THE BOARD PURSUANT TO SECTION
3541101 (2).
(3) "BRAND INSPECTOR" MEANS
AN AUTHORIZED COLORADO BRAND INSPECTOR.
(4) "COMMISSIONER" MEANS THE
COMMISSIONER OF AGRICULTURE.
(5) "DEPARTMENT" MEANS THE DEPARTMENT
OF AGRICULTURE.
(6) "FEEDLOT" HAS THE MEANING
SET FORTH IN SECTION 3541100.3 (2).
3553.5103. Rules.
(1) TO CARRY OUT THE PROVISIONS OF THIS ARTICLE, THE
BOARD IS AUTHORIZED TO ADOPT APPROPRIATE RULES PURSUANT TO SECTION
244103, C.R.S., ON SUBJECTS THAT SHALL INCLUDE, BUT
ARE NOT LIMITED TO, THE FOLLOWING:
(a) FEES TO FUND ALL DIRECT AND INDIRECT
COSTS OF THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE;
(b) METHODS OF SEPARATING CATTLE FOR PURPOSES
OF THIS ARTICLE;
(c) STANDARDS AND PROCEDURES FOR CERTIFICATION
OF FEEDLOTS AND FOR THE ISSUANCE, RENEWAL, SUSPENSION, REVOCATION,
AND REINSTATEMENT OF CERTIFICATES;
(d) THE NUMBER AND TYPE OF ONSITE
INSPECTIONS;
(e) RECORDS TO BE MAINTAINED BY THE OWNERS
AND OPERATORS OF CERTIFIED FEEDLOTS;
(f) GROUNDS FOR ENFORCEMENT ACTIONS.
3553.5104. Delegation of
duties cooperative agreements.
(1) THE POWERS AND DUTIES VESTED IN THE BOARD BY THIS
ARTICLE MAY BE DELEGATED TO QUALIFIED EMPLOYEES AND AGENTS, INCLUDING
WITHOUT LIMITATION THE BRAND COMMISSIONER AND BRAND INSPECTORS.
(2) THE DEPARTMENT MAY RECEIVE GRANTSINAID
FROM ANY AGENCY OF THE UNITED STATES AND MAY COOPERATE AND ENTER
INTO AGREEMENTS WITH ANY AGENCY OF THE UNITED STATES, ANY AGENCY
OF ANY OTHER STATE, AND ANY OTHER AGENCY OF THIS STATE OR ITS
POLITICAL SUBDIVISIONS.
3553.5105. Feedlot certification.
(1) ANY PERSON DESIRING TO HAVE A FEEDLOT CERTIFIED
AND UTILIZE THE CERTIFICATION SEAL UNDER THE PROVISIONS OF THIS
ARTICLE SHALL SECURE SUCH CERTIFICATION FROM THE BOARD IN ACCORDANCE
WITH THIS ARTICLE AND ANY RULES PROMULGATED PURSUANT TO THIS ARTICLE.
THE CERTIFICATION PERIOD SHALL BE ONE YEAR, BEGINNING JULY 1
AND ENDING JUNE 30 OF EACH YEAR.
(2) (a) FEEDLOTS SEPARATED BY AT
LEAST ONE MILE WILL BE TREATED AS SEPARATE FACILITIES, EVEN IF
THEY ARE OWNED BY THE SAME ENTITY. FEEDLOTS OWNED BY THE SAME
ENTITY AND NOT SEPARATED BY AT LEAST ONE MILE WILL BE CONSIDERED
ONE FACILITY FOR PURPOSES OF CERTIFICATION UNDER THIS ARTICLE.
EACH FACILITY SHALL BE CERTIFIED INDIVIDUALLY.
(b) TO BE ELIGIBLE FOR CERTIFICATION,
EACH FACILITY MUST BE ORGANIZED AND OPERATED PRIMARILY FOR THE
FINISHING OF TERMINAL SLAUGHTER CATTLE. NO ANIMAL INTERDICTION
OR COMMINGLING OF ANIMALS FROM ANY OTHER FACILITY SHALL BE PERMITTED.
(c) ANIMALS SHALL NOT BE MARKETED AS FINISHED
IN A CERTIFIED FEEDLOT UNLESS THE OWNER OF THE FEEDLOT VERIFIES
THAT THE ANIMALS ARE DESTINED TO A PACKING FACILITY REGISTERED
AND LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE.
ANIMALS LEAVING A CERTIFIED FEEDLOT FOR ANY OTHER DESTINATION
OR PURPOSE SHALL NOT BE MARKETED AS FINISHED IN A CERTIFIED FEEDLOT
AND SHALL BE SUBJECT TO ALL OTHERWISE APPLICABLE BRAND INSPECTION
REQUIREMENTS.
(3) CERTIFICATIONS ARE NOT TRANSFERABLE.
(4) CERTIFIED FEEDLOTS SHALL BE EXEMPT
FROM THE FEE WAIVER PERMIT PROVISIONS OF SECTION 3553101
(2).
(5) ANIMALS IN A CERTIFIED FEEDLOT SHALL
NOT BE EXEMPT FROM ANY COLORADO BRAND INSPECTION REQUIREMENT OTHER
THAN THOSE EXEMPTIONS CONTAINED IN THIS ARTICLE.
3553.5106. Application
fees. (1) EACH PERSON
SEEKING CERTIFICATION OF A FEEDLOT SHALL MAKE APPLICATION TO THE
BOARD ON FORMS PRESCRIBED AND FURNISHED BY THE BOARD. THE BOARD
MAY REJECT ANY APPLICANT WHO DOES NOT MEET THE MINIMUM REQUIREMENTS
FOR CERTIFICATION AS SET FORTH IN RULES OF THE BOARD.
(2) AN ANNUAL CERTIFICATION FEE, NOT TO
EXCEED ONE THOUSAND DOLLARS, SHALL ACCOMPANY THE APPLICATION.
3553.5107. Perhead
fees. (1) THE PERHEAD
INSPECTION FEE FOR A CERTIFIED FEEDLOT SHALL BE FIFTEEN CENTS
LESS THAN THE FEE SET BY THE BOARD PURSUANT TO SECTION 3541104
FOR DIRECTTOSLAUGHTER CATTLE AND SEVENTEEN CENTS LESS
THAN SUCH FEE FOR ALL OTHER CATTLE. ALL SUCH FEES SHALL BE DUE
AND PAYABLE TO THE BOARD BY THE FIFTH DAY OF EACH MONTH BASED
ON THE NUMBER OF ANIMALS SHIPPED DURING THE PREVIOUS CALENDAR
MONTH.
(2) EACH MONTH, THE OWNER OF A CERTIFIED
FEEDLOT SHALL REMIT TWO SEPARATE CHECKS, EACH MADE PAYABLE TO
THE BOARD. ONE OF SUCH CHECKS SHALL BE IN THE AMOUNT OF THE PERHEAD
FEE SPECIFIED IN SUBSECTION (1) OF THIS SECTION, AND THE OTHER
IN THE AMOUNT REQUIRED TO COVER THE COLORADO BEEF BOARD FEE, THE
NATIONAL BEEF PROMOTION FEE ASSESSED PURSUANT TO 7 C.F.R. SEC.
1260.172, OR BOTH. ANY PAYMENT RECEIVED OVER TEN DAYS LATE SHALL
RESULT IN THE ASSESSMENT OF A PENALTY OF TEN PERCENT OF THE AMOUNT
ORIGINALLY DUE, NOT TO EXCEED FIFTY DOLLARS PER LATE PAYMENT,
PLUS INTEREST AT THE LEGAL RATE SPECIFIED IN SECTION 512102
(1) (b), C.R.S., UNTIL PAID.
3553.5108. Movement of
cattle from certified feedlots notice inspection.
(1) THE BOARD SHALL SUPPLY EACH CERTIFIED FEEDLOT
WITH APPROPRIATE MOVEMENT CERTIFICATES IN TRIPLICATE. ONE COPY
OF EACH CERTIFICATE SHALL ACCOMPANY THE SLAUGHTER ANIMALS TO THE
PACKING FACILITY, ONE COPY SHALL BE RETAINED BY THE CERTIFIED
FEEDLOT, AND ONE COPY SHALL BE SENT TO THE BOARD TOGETHER WITH
THE APPROPRIATE FEES. THE FEEDLOT SHALL RETAIN COPIES OF THE
DIRECTTOSLAUGHTER CERTIFICATES IN A SEPARATE FILE,
IN NUMERIC ORDER, FOR AUDIT PURPOSES.
(2) ALL CERTIFIED FEEDLOTS SHALL NOTIFY
THE LOCAL BRAND INSPECTOR OF ALL ANTICIPATED SHIPMENTS GOING DIRECTLY
TO SLAUGHTER, GIVING THE INSPECTOR AMPLE NOTICE TO INSPECT OR
AUDIT THE SHIPMENT AT HIS OR HER DISCRETION DURING DAYLIGHT HOURS.
(3) ANY CERTIFIED FEEDLOT THAT HAS ANIMALS
INSPECTED IMMEDIATELY PRIOR TO SHIPMENT TO SLAUGHTER AND AN INSPECTION
CERTIFICATE ISSUED BY AN AUTHORIZED COLORADO INSPECTOR SHALL BE
CHARGED THE APPLICABLE PERHEAD FEES, COLORADO BEEF BOARD
FEES, AND NATIONAL BEEF PROMOTION FEES. THE CERTIFIED FEEDLOT
PERHEAD FEE WILL NOT BE CHARGED IN ADDITION TO THE INSPECTION
FEE. ONE COPY OF THE INSPECTION CERTIFICATE SHALL BE FILED WITH
FEEDLOT COPIES OF THE SLAUGHTER MOVEMENT CERTIFICATES. THE FEEDLOT
SHALL BE RESPONSIBLE FOR THE INSPECTION FEE, WHICH SHALL BE PAYABLE
AT THE TIME OF INSPECTION ON ALL ANIMALS INSPECTED.
3553.5109. Movement of
cattle into certified feedlots notice inspection.
(1) (a) ALL COLORADO CATTLE ARRIVING AT A CERTIFIED
FEEDLOT FROM ORIGINS IN COLORADO SHALL BE ACCOMPANIED BY AN INSPECTION
CERTIFICATE OR COLORADO LICENSED MARKET INVOICE, ISSUED IMMEDIATELY
PRIOR TO ENTRY, OR SHALL BE INSPECTED UPON ENTRY TO THE CERTIFIED
FEEDLOT. ALL COLORADO CATTLE THAT ARE INSPECTED AT THE FEEDLOT
PRIOR TO ENTRY FOR CHANGE OF OWNERSHIP OR FEEDLOT ENTRY AND THAT
ARE NOT ACCOMPANIED BY A COLORADO INSPECTION CERTIFICATE OR PURCHASE
INVOICE SHALL BE CHARGED THE REGULAR SET FEES AS AUTHORIZED BY
SECTION 3541104 AND SHALL NOT BE ENTITLED TO THE DISCOUNT
PROVIDED IN SECTION 3553.5107 (1).
(b) AS USED IN THIS SECTION, "COLORADO
CATTLE" MEANS CATTLE THAT EITHER WERE BORN IN COLORADO OR
WERE UNLOADED IN COLORADO BEFORE ENTERING THE FEEDLOT.
(2) CATTLE RECEIVED FROM ANOTHER BRAND
INSPECTION STATE OR PROVINCE AND ACCOMPANIED BY A CURRENT INSPECTION
CERTIFICATE OR LICENSED PUBLIC LIVESTOCK MARKET PURCHASE INVOICE
ISSUED IMMEDIATELY PRIOR TO SHIPMENT THAT IDENTIFIES THE ANIMALS
BY BRAND AND THAT IDENTIFIES THE CERTIFIED FEEDLOT AS THE FINAL
DESTINATION SHALL BE EXEMPT FROM INSPECTION REQUIREMENTS.
(3) ALL CATTLE ORIGINATING FROM A NONBRAND
INSPECTION AREA SHALL BE ACCOMPANIED BY PURCHASE AND INTERSTATE
SHIPMENT DOCUMENTATION AS REQUIRED BY COLORADO OR THE STATE OF
ORIGIN OF THE CATTLE, OR BOTH. THE DOCUMENT SHALL INCLUDE BUYER,
SELLER, DATE OF PURCHASE, NUMBER OF HEAD, SEX, AVERAGE WEIGHT,
AND BRANDS IF KNOWN. THE FEEDLOT SHALL NOTIFY THE LOCAL BRAND
INSPECTOR WITHIN TWENTYFOUR HOURS AFTER ARRIVAL, AND THE
CATTLE SHALL BE HELD SEPARATELY BY SOURCE FOR A MAXIMUM OF FORTYEIGHT
HOURS AFTER SUCH NOTIFICATION SO THAT THE INSPECTOR MAY INSPECT
OR AUDITENDORSE PURCHASE AND SHIPMENT DOCUMENTATION SO AS
TO ESTABLISH IDENTITY SATISFACTORY TO THE INSPECTOR. NO COMMINGLING
OF SHIPMENTS SHALL BE ALLOWED PRIOR TO INSPECTION. THE LOCAL
BRAND INSPECTOR SHALL NOT COLLECT ANY FEE FOR THIS SERVICE.
(4) CATTLE RECEIVED AT THE FEEDLOT FROM
ANY SOURCE THAT ARE REJECTED BY THE FEEDLOT FOR ANY REASON MAY
BE SHIPPED OUT AFTER PROPER REQUIRED INSPECTION. CATTLE SO REJECTED
SHALL BE CONSIDERED COLORADO CATTLE. THESE ANIMALS SHALL BE KEPT
TOTALLY SEPARATE FROM OTHER ANIMALS, AND NO COMMINGLING SHALL
BE ALLOWED.
(5) THE OWNER OF EACH CERTIFIED FEEDLOT
SHALL BE REQUIRED TO KEEP A FORMAL, AUDITABLE ENTRY LOG OF ALL
CATTLE ENTERING THE FACILITY. THIS LOG SHALL CONTAIN INFORMATION
INCLUDING, BUT NOT LIMITED TO, THE LEGAL OWNER OF THE CATTLE,
DATE OF ENTRY, NUMBER OF HEAD, SEX, AND LOT NUMBER OR NUMBERS
ASSIGNED. IN ADDITION, THE LOG SHALL SHOW THE BRAND INSPECTION
OR PURCHASE INVOICE THAT ACCOMPANIED THE LIVESTOCK UPON ENTRY.
SUCH LOG SHALL BE FOR THE PRIVATE USE OF THE FEEDLOT AND THE
BRAND INSPECTOR AND SHALL NOT BE CONSIDERED A PUBLIC RECORD UNDER
THE COLORADO OPEN RECORDS LAW, ARTICLE 72 OF TITLE 24, C.R.S.
THE LOG SHALL BE KEPT AT THE CERTIFIED FEEDLOT AT ALL TIMES.
3553.5110. Audits
inspections complaints. (1) THE
BOARD OR AN AUTHORIZED BRAND INSPECTOR MAY AUDIT A CERTIFIED FEEDLOT
AT ANY REASONABLE TIME, WITH OR WITHOUT ADVANCE NOTICE, TO ENSURE
COMPLIANCE WITH THIS ARTICLE OR ANY RULES ADOPTED UNDER THE AUTHORITY
GRANTED IN THIS ARTICLE.
(2) (a) THE BOARD SHALL DETERMINE
THE DEPTH AND FREQUENCY OF ANY FEEDLOT AUDIT.
(b) THE AUDIT OF A CERTIFIED FEEDLOT MAY
INCLUDE PHYSICAL INSPECTION OF ANIMALS IN ANY AREA OF THE FACILITY
AND MAY INCLUDE ANY DOCUMENT REQUIRED TO VERIFY HEAD COUNT, VALID
OWNERSHIP, OR LEGAL ENTRY INTO THE FACILITY.
(3) (a) ANY PERSON HAVING REASONABLE
SUSPICION OF A POTENTIAL VIOLATION MAY REQUEST, DIRECTLY TO THE
BRAND COMMISSIONER OR HIS OR HER DESIGNATED AGENT, AN INSPECTION
OR AUDIT OF A SPECIFIC CERTIFIED FEEDLOT OR PEN THEREIN. SUCH
REQUEST MAY BE GRANTED OR DENIED BASED UPON RULES OF THE BOARD
GOVERNING SUCH INSPECTION OR AUDIT. THE PERSON REQUESTING SUCH
AUDIT SHALL BE RESPONSIBLE FOR THE BOARD'S FEES AND COSTS INCURRED
IN CONDUCTING THE INSPECTION OR AUDIT; EXCEPT THAT, IF ANY VIOLATIONS
ARE PROVEN AS A RESULT OF THE INSPECTION OR AUDIT, SUCH PERSON
SHALL BE REIMBURSED FROM THE PENALTIES ASSESSED PURSUANT TO SECTION
3553.5113.
(b) THE OWNER OF A CERTIFIED FEEDLOT MAY
REQUEST AN INSPECTION OF CATTLE HELD AT THE FEEDLOT UPON PAYMENT
TO THE BOARD OF ALL APPLICABLE FEES.
3553.5111. Enforcement
hearings. (1) THE BOARD
IS AUTHORIZED TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS
ARTICLE AND ALL RULES ADOPTED PURSUANT THERETO.
(2) THE BOARD IS AUTHORIZED TO CONDUCT
HEARINGS IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND
TO USE ADMINISTRATIVE LAW JUDGES TO CONDUCT SUCH HEARINGS WHEN
THEIR USE WOULD RESULT IN A NET SAVING OF COSTS TO THE BOARD.
(3) THE BOARD AND, IN THE EXERCISE OF
DELEGATED AUTHORITY, THE BRAND COMMISSIONER, SHALL HAVE FULL AUTHORITY
TO ADMINISTER OATHS AND TAKE STATEMENTS, ISSUE SUBPOENAS REQUIRING
THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS,
AND OTHER DOCUMENTARY EVIDENCE, AND 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 A SUBPOENA, THE BOARD OR THE BRAND 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.
3553.5112. Disciplinary
actions suspension or revocation of certificate
grounds. (1) THE BOARD, ACTING
IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., MAY DENY, SUSPEND,
REFUSE TO RENEW, OR REVOKE ANY CERTIFICATION IF THE APPLICANT
OR CERTIFICATE HOLDER HAS VIOLATED ANY PROVISION OF ARTICLE 43,
44, 53, OR 54 OF THIS TITLE OR HAS ENTERED A PLEA OF GUILTY OR
NOLO CONTENDERE TO OR BEEN CONVICTED OF ANY CRIMINAL ACT UNDER
TITLE 18, C.R.S.
(2) THE OWNER OF ANY FEEDLOT WHOSE CERTIFICATION HAS BEEN SUSPENDED OR REVOKED SHALL, UPON NOTICE, CAUSE ALL ANIMALS LEAVING THE FACILITY TO BE INSPECTED PURSUANT TO SECTION 3553105 AND SHALL PAY ALL REQUIRED INSPECTION FEES AT THE TIME OF INSPECTION.
(3) UPON THE SUSPENSION OR REVOCATION
OF A CERTIFICATE, ALL OR PART OF THE ANNUAL CERTIFICATION FEE
MAY BE FORFEITED AS DETERMINED BY THE BOARD.
(4) THE OWNER OF A FEEDLOT WHOSE CERTIFICATION
HAS BEEN REVOKED MAY REAPPLY FOR CERTIFICATION AT ANY TIME AFTER
THE EXPIRATION OF TWO YEARS FROM THE DATE OF REVOCATION AND UPON
THE PAYMENT OF ALL REQUIRED FEES.
3553.5113. Civil penalties.
(1) (a) ANY PERSON WHO VIOLATES ANY PROVISION
OF THIS ARTICLE OR OF ANY RULE ADOPTED PURSUANT TO THIS ARTICLE
IS SUBJECT TO A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS
PER VIOLATION, AS DETERMINED BY THE BOARD OR A COURT OF COMPETENT
JURISDICTION.
(b) NO CIVIL PENALTY SHALL BE IMPOSED
BY THE BOARD UNLESS THE PERSON CHARGED IS GIVEN NOTICE AND OPPORTUNITY
FOR A HEARING PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S.
(c) ALL CIVIL PENALTIES LEVIED AND COLLECTED
PURSUANT TO THIS ARTICLE SHALL BE CREDITED TO THE BRAND INSPECTION
FUND CREATED IN SECTION 3541102. ALL MONEYS CREDITED
TO SUCH FUND PURSUANT TO THIS ARTICLE, TOGETHER WITH ANY INTEREST
EARNED THEREON, SHALL BE RETAINED IN THE FUND AND SHALL NOT REVERT
TO THE GENERAL FUND OR ANY OTHER FUND EXCEPT AS MAY BE DIRECTED
BY THE GENERAL ASSEMBLY, ACTING BY BILL.
(2) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED
TO LIMIT THE AUTHORITY OF THE BOARD OR ANY OTHER LAW ENFORCEMENT
AGENCY TO INVESTIGATE OR PROSECUTE VIOLATIONS OF LOCAL, STATE,
OR FEDERAL LAW EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED.
(3) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED
TO IMMUNIZE ANY PERSON FROM CIVIL LIABILITY.
3553.5114. Estrays
stolen livestock board to assist recovery.
(1) THE BOARD SHALL ASSIST THE OWNER OF ANY CERTIFIED
FEEDLOT THAT, AS LEGAL PURCHASER, HAS INADVERTENTLY RECEIVED AN
ESTRAY OR STOLEN ANIMAL ON ANY SHIPMENT RECEIVED. STOLEN LIVESTOCK
FOUND AT ANY INSPECTION LOCATION SHALL BE HANDLED IN ACCORDANCE
WITH SECTION 184405, C.R.S.
(2) ANIMALS FOUND TO BE OF QUESTIONABLE
TITLE SHALL BE HANDLED AS ESTRAYS UNTIL CLEAR AND LEGAL TITLE
HAS BEEN ESTABLISHED. AT THE TIME OF ENTRY INTO A CERTIFIED FEEDLOT,
THE OFFICIATING INSPECTOR SHALL NOTIFY THE OWNER OF THE FEEDLOT
OF ANY ESTRAYS OR ANIMALS OF QUESTIONABLE TITLE AND ASSIST IN
CLARIFYING TITLE WHEREVER POSSIBLE.
3553.5115. Prohibited acts
no liability of state. (1) IT
SHALL BE UNLAWFUL FOR ANY UNAUTHORIZED PERSON TO REPRODUCE, PRODUCE
A FACSIMILE OF, OR USE A FEEDLOT CERTIFICATE IN ANY FASHION.
ANY PERSON WHO VIOLATES THIS SUBSECTION (1) MAY BE SUBJECT TO
APPROPRIATE CIVIL OR ADMINISTRATIVE PROCEEDINGS OR BOTH.
(2) THE STATE ASSUMES NO LIABILITY FOR
PERSONS WHO MISREPRESENT ANY PRODUCT UNDER THE AUTHORITY OF THIS
ARTICLE.
SECTION 8. 3553101
(1), Colorado Revised Statutes, is amended to read:
3553101. Brand inspection
fee minimum fee waiver permit.
(1) As a means of financing the operations of the state
board of stock inspection commissioners, the board is hereby authorized
to levy and collect, through authorized brand inspectors, a per
head inspection tax
FEE not to exceed the amount specified in section 3541104
on all livestock inspected. In addition, the board is authorized
to levy and collect through authorized brand inspectors a service
charge MINIMUM FEE of not less than
the amount specified in section 3541104 from each
person, company, or corporation requesting the brand inspection
or from whom a brand inspection is required by law. The tax
INSPECTION FEE established pursuant to this subsection (1), but
not the service charge
MINIMUM FEE, shall apply when branded or unbranded cattle, horses,
or mules are being consigned to a Colorado licensed public livestock
market or a licensed slaughter plant. It is the duty of all authorized
Colorado brand inspectors to inspect all cattle, horses, and mules,
except as exempt by law, that are offered for sale or to be moved
interstate or intrastate and collect the tax
and service charge INSPECTION FEE
AND MINIMUM FEE thereon. Within the limits prescribed by this
subsection (1), the state board of stock inspection commissioners
shall determine the amount of the tax
and service charge which INSPECTION
FEE AND MINIMUM FEE THAT shall be collected by authorized brand
inspectors from the owner or person in charge of said cattle,
horses, or mules before issuing a certificate of brand inspection
granting leave to the owner or person in charge to offer the brand
inspected cattle, horses, or mules for sale or movement interstate
or intrastate. The tax and service
charge INSPECTION FEE AND MINIMUM
FEE so collected shall be reported and transmitted to the state
board of stock inspection commissioners at such time and in such
manner as the board shall by regulation require.
SECTION 9. 3553115,
Colorado Revised Statutes, is amended to read:
3553115. Inspection and
transportation of hides fee records.
(1) It is unlawful for any person, firm, corporation,
railroad company, or other common carrier to transport or cause
to be transported within this state or beyond the limits of this
state any hides that have not been inspected and tagged by a duly
authorized brand inspector of the state board of stock inspection
commissioners for the district in which such hides are shipped.
A certificate of inspection as provided for in section 3553102
shall accompany all shipments and shall be exhibited by the carrier
or his OR HER agent at any time upon demand of any inspector or
peace officer. For each hide thus inspected there shall be paid
by the owner or holder thereof a tax
FEE in the amount prescribed by the board, pursuant to section
3541104, to the inspector before he OR SHE issues
the hide inspection certificate authorizing the transportation
of such hides.
(2) Each inspector of hides shall keep
a complete record of all inspections made by him
SUCH INSPECTOR and shall forward to the state board of stock inspection
commissioners, together with the tax
FEE collected, on blanks furnished him
for that purpose, a complete report of each inspection, giving
the names of the purchasers and shippers of the hides, as well
as all of the brands thereon. Said report and tax
FEE so collected shall be reported and transmitted to said board
at such time and in such manner as the board shall by regulation
require, and said report shall be preserved by the brand commissioner
as part of the records of his
SUCH COMMISSIONER'S office. This section shall not apply to slaughter
plants or packinghouses where all cattle are inspected immediately
prior to slaughter by a duly authorized brand inspector of the
state board of stock inspection commissioners.
SECTION 10. 3553125
(1), Colorado Revised Statutes, is amended to read:
3553125. Inspection at
point of origin. (1) Any cattle
moved from a pasture shall be inspected for brands by an authorized
brand inspector at the point of origin before they are placed
in a feed lot, and proof of ownership shall be shown on demand
by any Colorado brand inspector or any other interested party.
Any cattle found carrying questionable brands when an inspection
is made shall be held and handled as estrays or questionablyowned
cattle, as provided by law. Such inspections shall be made before
mixing with any other cattle, and when any uninspected cattle
are mixed prior to an inspection, an inspection shall be made
on all the cattle so mixed, and the inspection tax
FEE shall be collected. A brand inspector shall be authorized
to release the cattle to be inspected at the point of origin for
an inspection to be made at any designated place where proper
facilities are available.
SECTION 11. 3555103,
Colorado Revised Statutes, is amended to read:
3555103. License fee.
No person, partnership, or corporation shall engage in the operation
of a public livestock market within the state of Colorado without
first procuring a license from the state board of stock inspection
commissioners and paying therefor a fee or
tax prescribed by the board in an
amount sufficient to cover the administrative costs of the licensing
provisions of this article. Said license shall be renewed by
eligible applicants prior to May 1 in each calendar year thereafter,
upon like application and payment of a like fee. An application
for a license to establish and operate public livestock markets
shall be in writing upon a blank form to be furnished by the state
board of stock inspection commissioners and shall be accompanied
by the fee prescribed by the board pursuant to this section. If
the board does not issue a license or renewal, the fee or
tax must be returned to the applicant.
SECTION 12. 3555104
(3), Colorado Revised Statutes, is amended to read:
3555104. Bond.
(3) Any such public livestock market which is registered
under the provisions of the federal "Packers and Stockyards
Act, 1921", as amended, and has executed a bond as provided
for therein and as is required by the rules and regulations prescribed
by the secretary of agriculture, is not required to execute the
bond provided for in this article if such bond also guarantees
payment of all brand and sanitary inspection fees due this state.
Copies of any such license and bond certified by the executive
officer of such board may be procured upon payment of a fee or
tax of one dollar each, and shall
be received as competent evidence in any court in this state.
SECTION 13. 3555105,
Colorado Revised Statutes, is amended to read:
3555105. Posting licenses.
A certified copy of an issued license may be procured by the holder
of the original upon payment of a fee or
tax of one dollar therefor, and the
original or certified copy of said license shall be posted during
sale periods in a conspicuous place on the premises where the
public livestock market is conducted.
SECTION 14. 3555112,
Colorado Revised Statutes, is amended to read:
3555112. Brand inspection.
(1) All cattle, horses, mules, and burros, upon entering
a public livestock market, shall be inspected for iron brands,
earmarks, and other identifying characteristics before being offered
for sale. A bill of sale signed by the recorded owner of the
brands or no brands or an account of sale showing the brands or
no brands on the livestock consigned shall be produced by the
consignor. The brand inspector in charge may, in justifiable
circumstances, permit the sale of cattle, horses, mules, or burros
whose ownership is questionable and then proceed to impound the
proceeds of the sale of such animals. After any livestock are
consigned to any public livestock market, they shall be held and
treated as if the ownership thereof has not been established,
until a proper bill of sale or account of sale is produced by
the consignor. Such inspections shall be made by authorized brand
inspectors who have been approved by the state board of stock
inspection commissioners, and a fee or
tax per head in the amount prescribed
by the state board of stock inspection commissioners pursuant
to section 3541104, shall be withheld from the consignor's
proceeds of sale by the market operator, to be paid to the state
board of stock inspection commissioners, for brand inspection
on all cattle, horses, mules, and burros.
(2) The authorized brand inspector making
the inspection and collecting the fees or
taxes prescribed shall issue an official
brand inspection certificate in duplicate, one copy to be the
property of the owner or operator of the auction market, and will
be authority for the public livestock market to issue a bill of
sale to the purchaser of any livestock sold or disposed of through
a licensed livestock auction market, the original to be delivered
to the office of the state board of stock inspection commissioners.
SECTION 15. 3555115,
Colorado Revised Statutes, is amended to read:
3555115. Disposition of
fees. All license fees or
taxes collected from public livestock
markets shall be deposited with the state treasurer and shall
be placed in the brand inspection fund by the state treasurer
for use of the board in paying ordinary expenses of the state
board of stock inspection commissioners.
SECTION 16. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO