Colorado § 35-55-113 - Veterinary inspection - rules.

§ 35-55-113. Veterinary inspection - rules.

(1) (a) An accredited and licensed veterinarian shall inspect all livestock consigned and delivered on the premises of any licensed public livestock market before the livestock are offered for sale. The veterinarian shall inspect or test, as indicated or required, animals consigned to the public livestock market for the purpose of determining their condition of health and freedom from infectious or contagious animal diseases. If, in the opinion of the inspecting veterinarian, the animals are free of clinical signs of infectious or contagious diseases and have not, to the best of the veterinarian's knowledge, been exposed to any infectious or contagious diseases, the veterinarian shall issue a signed certificate of veterinary inspection to any purchaser who so requests. The veterinarian shall deliver the certificate of veterinary inspection to the purchaser at the time of rendering the account of sale or bill of sale.

(b) In addition to the requirements of this subsection (1) for all interstate movements, livestock must meet federal interstate and state of destination requirements. The veterinarian and the public livestock market shall immediately isolate and hold all animals affected with any recognized infectious or contagious diseases in conformity with the health requirements of Colorado law and the rules of the department of agriculture. The operator of the public livestock market shall pay all fees or taxes for veterinary services. The buyer or the person who intends to ship through interstate commerce shall pay the expenses for inspections or tests that are required by the United States department of agriculture and that can only be made by an approved and licensed veterinarian.

(2) (a) Swine may be moved from a public livestock market if, upon inspection, the swine are found free of clinical signs of contagious, infectious, or communicable diseases and in a condition of health.

(b) Repealed.

(3) Feeding swine and breeding swine that are being moved from a market to a farm must be identified by an approved ear tag, individual tattoo, or ear notch as each is required by 9 CFR 71.19. Sows and boars that are being sent to slaughter must be identified in accordance with the market swine identification program as prescribed in the swine brucellosis control/eradication state-federal-industry uniform methods and rules published by the U.S.D.A. animal plant health inspection service agency (APHIS 91-55-042).

(4) No animal may be sold or offered for sale at a public livestock market if the animal is injured, disabled, or diseased beyond recovery, or if such injury or disease permanently renders the animal unfit for human consumption. This subsection (4) includes, but is not limited to, any animal with severe neoplasia, any animal that is unable to rise to its feet by itself, and any animal with obviously fractured long bones.

(5) If, in the judgment of an accredited and licensed veterinarian, an animal presented at a public livestock market is injured, disabled, or diseased beyond recovery, the veterinarian shall humanely euthanize the animal or direct the consignor to immediately remove the animal from the premises of the public livestock market. The consignor is responsible for all expenses incurred for euthanasia and disposal of an animal under this subsection (5). The consignee is not responsible for collection of expenses.

(6) The commissioner of agriculture shall adopt reasonable rules for the administration and enforcement of this section, including, but not limited to, rules designating any disease as a disease that renders livestock permanently disabled or the carcasses thereof permanently unfit for human consumption. The commissioner shall promulgate all such rules in accordance with existing antemortem inspection guidelines of the United States department of agriculture food safety inspection service.

Source: L. 49: p. 701, § 13. CSA: C. 160, § 209(30). CRS 53: § 8-11-13. C.R.S. 1963: § 8-11-13. L. 65: pp. 238, 242, 243, §§ 12, 1, 2. L. 81: (1) and (2)(a) amended, (2)(b) repealed, and (3) added, pp. 1725, 1726, §§ 1, 2, effective June 18. L. 96: (4), (5), and (6) added, p. 1333, § 1, effective July 1. L. 2019: (1), (2)(a), (3), and (5) amended, (SB 19-150), ch. 241, p. 2371, § 7, effective May 20.

ANNOTATION

Fact that purchasers of livestock waive compliance with this section does not excuse livestock sales ring operator for violation of the law which he and the surety on his bond have bound themselves to observe. Seal v. State Bd. of Stock Inspection Comm'rs, 114 Colo. 497, 167 P.2d 22 (1946).

It is not duty of veterinarian to deliver to purchaser health certificate for each hog bought: Delivery should be by the licensee of the livestock sales ring to the purchaser at the time of rendering the account of sale or bill of sale. Seal v. State Bd. of Stock Inspection Comm'rs, 114 Colo. 497, 167 P.2d 22 (1946).