S.B. 94-23 Pet animal care - facilities and operators - regulation - licensure - unlawful acts - advisory committee - establishment - continuation under sunset law - commissioner of agriculture - duties - creation of fund - continuation under sunset law - appropriation. Enacts the "Pet Animal Care and Facilities Act". Transfers regulatory and licensing power over pet animal facilities from the department of health to the department of agriculture.
Exempts pet animal facility operators from the routine inspection provisions of the act if their facility was licensed by the United States department of agriculture as of December 31, 1993. Exempts a pet animal facility from requirements that concern physical premises if such facility was licensed through 1991. Exempts from the act certain veterinary hospitals, research facilities, circuses, zoos, training facilities, greyhound kennels and facilities, livestock, wildlife, and hobby breeder facilities. States that the act shall not require the construction of new buildings or the major reconstruction of existing ones.
Requires pet animal facility operators to hold a license from the commissioner of agriculture ("commissioner") for each location of such a facility. Requires each licensure applicant to pay an annual fee in an amount not to exceed $200. Describes the procedure for obtaining a license. States that such licenses shall expire March 1 of each year and are not transferable. Describes the record-keeping requirements for pet animal facilities.
States the duties of pet animal facility operators, which include providing sanitary conditions, adequate ventilation, nutrition, and health care.
Makes it unlawful for a person to operate a pet animal facility or perform the services of such a facility without a license, refuse to comply with a cease and desist order, make a material misstatement in a license application, or aid or abet another in any violation of the act.
Makes it unlawful for specified persons to import or transfer certain species of birds unless they are appropriately banded; transfer or import a nonhuman primate or a turtle with a length in carapace of less than 4 inches; transfer a dog or cat under 8 weeks of age, any guinea pig, hamster, or rabbit under 4 weeks of age, or any other specified animal in violation of the act. Makes it unlawful to fail to take reasonable care to release for sale or adoption only those pet animals that are free of undisclosed disease, abnormality, or injury. Makes certain acts a deceptive trade practice and a violation of the "Colorado Consumer Protection Act".
Describes the powers and duties of the commissioner. States that the commissioner may perform such investigations as are necessary to ensure compliance with the act, and grants the commissioner access during regular business hours to areas in which animals are kept, if consent or a search warrant has been obtained.
Grants the commissioner the authority to adopt rules, conduct hearings, use administrative law judges, and delegate duties to qualified employees of the department of agriculture. Requires the commissioner to appoint an advisory committee to make recommendations and provide an ongoing review of the act. States that such committee shall be subject to automatic termination on July 1, 2000, pursuant to sunset law provisions.
Authorizes the commissioner to issue a cease and desist order, bring suit for a temporary restraining order or permanent injunction, issue letters of admonition, and deny, suspend, refuse to renew, restrict, or revoke any license authorized under the act.
Subjects persons who violate the act to a civil penalty of not more than $1000 per violation, after notice and opportunity for a hearing and taking into account the effect such penalty will have on the person's ability to stay in business. Requires that fees and fines be credited to the pet animal care and facility fund.
States that a person commits a class 2 misdemeanor if he or she operates a pet animal facility without a license, refuses to comply with a cease and desist order, or impersonates a state, county, or municipal official or inspector.
Authorizes the state board of health to issue rules concerning the breeding and sale of psittacine birds and to prevent or minimize the danger of transmission of psittacosis. Eliminates duties of the board of health with respect to pet animal facilities. Provides that the United States department of agriculture and other specified agencies may inspect a pet animal facility when conducting an official disease investigation. States that a person making a material misstatement or providing false information to the department of health during a disease investigation or refusing to permit inspection commits a class 2 misdemeanor.
Requires the general assembly to make annual appropriations from the pet animal care and facility fund to the department of agriculture for expenses incurred in carrying out the purposes of the act. Appropriates $4,973 to the department of law and $48,120 to the department of agriculture for the implementation of the act.
Prohibits local regulations from interfering with enforcement of the act by the department of agriculture. Authorizes agents of the bureau of animal protection to enforce the act.
States that the act shall be subject to automatic termination on July 1, 2000, pursuant to provisions of the sunset law.
APPROVED by Governor May 25, 1994
EFFECTIVE July 1, 1994
H.B. 94-1096 Alternative livestock - "domestic elk" - regulation - transfer to state board of stock inspection commissioners - licensing - appropriation. Transfers the regulation of domestic elk, defined as "alternative livestock", from the division of wildlife in the department of natural resources to the state board of stock inspection commissioners in the department of agriculture.
Enacts the "Alternative Livestock Act" which includes the following provisions:
(1) Requires a person raising alternative livestock to be licensed. Sets forth bases for issuance or denial of a license.
(2) Sets forth procedural requirements for obtaining a license and requirements for the renewal of such license. Specifies record keeping requirements for licensees.
(3) Grants the state board of stock inspection commissioners the power to enforce the provisions of the act and any rules regulating alternative livestock. Grants the board the power to promulgate rules necessary for the enforcement of the act including rules covering operating standards, inspection of alternative livestock procedures, records requirements, standards of practice for licensees, setting classifications of alternative livestock, grounds for disciplinary actions, fees, and disposition of estrays. Specifies that the wildlife commission may review such rules and may make recommendations to the board concerning such rules.
(4) Defines certain acts in conjunction with raising alternative livestock as unlawful. Defines such unlawful acts as class 1 misdemeanors.
(5) Sets out the procedure for the board to inspect properties including the manner of access. Specifies that the division of wildlife may accompany the board on an inspection and may request a specific inspection. Provides that the board may investigate possible violations of the act. Empowers the board to issue subpoenas for the attendance of a witness at a hearing or for the production of documents. Sets out the procedure for the board to apply to the district court to seek enforcement of an order to compel appearance or the production of documentary evidence.
(6) Creates the alternative livestock farm cash fund.
(7) Sets out disciplinary procedures for licensees or applicants who violate the act. Sets out civil penalties for persons who violate the act.
(8) Provides a procedure for the recovery and disposition of escaped alternative livestock. Provides a procedure by which a stock inspection commissioner may declare an alternative livestock an estray and the procedure to dispose of such alternative livestock. Sets out how the true owner may seek remuneration for an alternative livestock which has been declared estray and destroyed. Empowers a stock inspection commissioner to seize an alternative livestock for which the holder cannot prove ownership. Requires the commissioner to notify the district attorney when an alternative livestock has been seized.
Grants the wildlife commission the power to propose and adopt rules concerning the hunting of alternative livestock, maintaining the purity of native species of elk, taking samples for purposes of identifying individual animals, and fencing requirements. Sets forth the review process for such rules by the state agricultural commission. Specifies that the state agricultural commission shall approve all rules promulgated by the wildlife commission prior to the adoption of such rules. Empowers the wildlife commission to inspect properties for purposes of carrying out rules which are adopted.
Creates the captive wildlife and alternative livestock board in the department of natural resources. Requires the board to act jointly with the department of agriculture. Requires the board to review or initiate and consider rules or policies that concern the regulation or control of captive wildlife or alternative livestock including rules or policies concerning the spread of disease within privately owned facilities holding captive wildlife or alternative livestock and the importation into the state or distribution of captive wildlife or alternative livestock. Requires the board to send such rules or policies to the wildlife commission for promulgation. Sets out the procedure for regulating the destruction of captive wildlife or alternative livestock or for quarantining captive wildlife facilities through cooperation between the division of wildlife or the state veterinarian's office, the department of agriculture, and the board.
Empowers the state agricultural commission to promulgate rules concerning requiring owners to obtain certification to show that alternative livestock meet the requirements of a tuberculosis surveillance plan and applicable regulations concerning the control of infectious diseases and parasites. Specifies that such rules shall be reviewed by the wildlife commission and that the wildlife commission shall make recommendations concerning such rules to the commission. Sets out the areas in which the commission may not promulgate rules without prior approval of the wildlife commission. Allows the wildlife commission to propose rules to the commission designed to protect native big game wildlife.
Requires the wildlife commission to determine ownership of an animal the ownership of which is disputed if such animal is not an alternative livestock as determined by the state board of stock inspection commissioners.
Creates the cervidae disease revolving fund to indemnify owners of cervidae (elk) that are destroyed for the control of contagious and infectious diseases. Specifies that the captive wildlife and alternative livestock board shall administer the fund. Provides that a fee may be assessed by the state agricultural commission on each head of cervidae to maintain the fund.
Appropriates $30,403 from the alternative livestock farm cash fund to the department of agriculture for allocation to the agricultural services division of which $2,323 shall be appropriated to the department of law for the provision of legal services. Reduces the annual general appropriation to the department of natural resources by $28,902 and 0.5 FEE.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
H.B. 94-1168 Agricultural chemicals - regulation - preemption of local authority. Expressly preempts certain categories of local governmental regulations pertaining to agricultural chemicals. Categories exempted include identification of the product and manufacturer, directions for use, use classification, mixing and loading, method, rate, and frequency of application, warnings and precautionary statements, and recordkeeping requirements.
Contains saving provisions allowing local governments to zone for sale or storage of agricultural chemicals, designate disposal sites, regulate discharges into sanitary sewer systems, protect drinking water supplies, comply with state and federal requirements and intergovernmental agreements, regulate the use of agricultural chemicals on government-owned property, and issue local occupational licenses.
APPROVED by Governor April 28, 1994
EFFECTIVE April 28, 1994
H.B. 94-1235 State and county fairs - security - use of peace officers. Allows the board of directors or executive committee of an agricultural, horticultural, or stock society sponsoring a state or county fair to contract with the chief law enforcement official of the city, town, county, or city and county to provide peace officers to protect the fairgrounds and exhibits.
APPROVED by Governor April 28, 1994
EFFECTIVE April 28, 1994
H.B. 94-1290 Trade restraint - agricultural products. Adds knowingly making a false statement to the list of prohibited acts in the general prohibition on destroying certain agricultural products for purposes of restraining trade. Requires that persons sentenced for violating this law be ordered to make restitution to victims.
APPROVED by Governor April 28, 1994
EFFECTIVE July 1, 1994
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