Agriculture - Digest of Bills

Digest of Bills - 2008

AGRICULTURE

S.B. 08-96 State agricultural commission - changes to the composition. Changes the composition of the state agricultural commission (commission) to require that the governor appoint at least one of the 9 members from each agricultural district and 5 members from the state at large, with no more than 3 members from any one agricultural district. Preserves diversity in political party affiliation of the members of the commission. Requires the appointees to the commission to have been previously, or to be currently, actively engaged in the business of agriculture.

APPROVED by Governor April 25, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 08-97 Department of agriculture - anhydrous ammonia regulation - update current law. States that violations of anhydrous ammonia laws and rules are substantial dangers to public health. Updates the statutory provisions governing the regulation of anhydrous ammonia to include equipment and containers actually in use by the fertilizer industry. Specifies that the commissioner of agriculture may make any investigations necessary to ensure compliance with this article. To facilitate the commissioners' duties of investigation and enforcement, empowers the commissioner to inspect all property and business records related to anhydrous ammonia.

Repeals provisions permitting persons in violation of this article an opportunity to rectify the deficiency and undergo a subsequent inspection, and instead allows the commissioner to act immediately to address such violations through the issuance of a cease-and-desist order or procurement of equitable relief. Allows the commissioner to specify the annual date by which persons who own anhydrous ammonia storage tanks, mobile transportation tanks, or tank-mounted applicators must register such equipment.

APPROVED by Governor April 25, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 08-201 Livestock - calves raised for veal - gestating sows - confinement standards. Requires that calves raised for veal and gestating sows be kept in a manner that permits such animals to stand up, lie down, and turn around without touching the sides of their enclosure. Extends this requirement to such animals until slaughter for calves raised for veal and until 12 days before giving birth for gestating sows, at which time the sow may be kept in a farrowing unit. Specifies that a violation of the act is a class 2 misdemeanor.

States that the confinement standards shall not apply during the following:

● Scientific or agricultural research;

● Examination, testing, or individual veterinary treatment;

● Transportation;

● Exhibitions at rodeos, fairs, or youth programs; or

● Slaughter.

Sets the following dates by which the methods of confinement shall be implemented:

● For calves raised for veal, on and after January 1, 2012; and

● For gestating sows, on and after January 1, 2018.

APPROVED by Governor May 14, 2008
EFFECTIVE May 14, 2008

H.B. 08-1185 Shelter animals - sterilization required for certain pet animals - exceptions. Requires that dogs and cats be sterilized before being released, or within 90 days of release, to prospective owners from animal shelters and pet animal rescues. Specifies acceptable methods of sterilization and identifies actions that may be taken by the adopting agency in case of violation of the sterilization requirements. Allows for release of unsterilized dogs and cats when the sterilization procedure would jeopardize the health or life of the animals, exempting such animals from the sterilization requirement until a licensed veterinarian certifies that they are healthy enough to undergo a sterilization procedure.

Permits shelters and local governments to adopt policies and ordinances that exceed the minimum requirements set forth in the act. Authorizes the commissioner of agriculture to promulgate rules to implement the act. Creates exceptions from the requirements of the act for:

● Animals being returned to their owners;

● Animals being transferred between shelters or rescues and other shelters, rescues, or veterinarians;

● Shelters and rescues that have preexisting systems of sterilization ensuring that all dogs and cats are sterilized prior to release; and

● Public animal shelters that qualify for waiver of licensing fees.

Applies to dogs and cats released from animal shelters and rescues on or after January 1, 2009.

APPROVED by Governor March 26, 2008
EFFECTIVE January 1, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1231 Fertilizer regulation. Modernizes the statutory law related to regulation of fertilizer by including compost as fertilizer and renaming the law the "Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act". Adds directions for use and date of manufacture to labeling requirements. Enables the commissioner of agriculture to set deadlines. Eliminates the brand registration requirement, and reduces the frequency of distribution report filing from semiannual to annual.

Repeals provisions that:

● Regulated or referred to agricultural liming materials;

● Set criminal penalties for violations of fertilizer laws;

● Prescribed treble monetary penalties for deviations from guaranteed analyses;

● Determined commercial values of fertilizers; and

● Stated that exchanges between manufacturers are not meant to be inhibited.

APPROVED by Governor May 29, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1236 Confidentiality of livestock information - "Livestock Information Security Act" - exemptions. Creates the "Livestock Information Security Act" to authorize the commissioner of agriculture (commissioner) to keep confidential certain information related to livestock that is disclosed to the department of agriculture. Specifies that the commissioner may deny access to personal information if the commissioner reasonably believes that dissemination of the information would cause harm to any person.

Allows the commissioner to deny access, on the grounds that disclosure would be contrary to the public interest, to the following, subject to redaction of the nonconfidential portions of such records:

● Livestock operational details;

● Information related to livestock disease or injury;

● Information that identifies persons or locations; and

● Data considered confidential pursuant to the veterinary-patient-client privilege.

Permits the commissioner to deny access to records of ongoing investigations related to livestock.

Excludes the following from the scope of the confidentiality, with the mandate that the commissioner release only as much information as is necessary to address the situation:

● Persons in interest, when such persons seek to access their own information;

● Release of biological livestock samples to authorized external entities, so long as such entities maintain the confidentiality of the information they receive;

● Disclosures otherwise permitted or required of the commissioner; and

● Disclosures made to prevent or address an immediate threat to the health or safety of a person or animal.

APPROVED by Governor April 25, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1399 Unclaimed property tourism promotion trust fund - reallocation of moneys - creation of agriculture management fund - appropriation. Creates the agriculture management fund. Repeals current statutory provisions dedicating all the interest from the unclaimed property tourism promotion trust fund to the Colorado travel and tourism promotion fund and specifies that such moneys shall be distributed as follows:

● 25% to the Colorado state fair authority cash fund;

● 65% to the agriculture management fund; and

● 10% to the Colorado travel and tourism promotion fund, to be expended to promote agritourism in the state.

Defines agritourism as the practice of engaging in activities, events, and services that have been provided to consumers for recreational, entertainment, or educational purposes at a farm, ranch, or other agricultural, horticultural, or agribusiness operation in order to allow consumers to experience, learn about, and participate in various facets of agricultural industry, culinary pursuits, natural resources, and heritage.

Specifies that the act shall take effect when the board of commissioners of the Colorado state fair authority (authority) certify to the state treasurer and the revisor of statutes that all loans owed by the authority to the state treasurer pursuant to section 24-75-203 (1), Colorado Revised Statutes, and any outstanding debt incurred by the authority to build the events center in Pueblo have been repaid in full.

Appropriates $1,348,763 and 6.0 FTE to the department of agriculture for allocation to the special purpose division for implementation of the act. Adjusts appropriations in the 2008-2009 long appropriations act.

APPROVED by Governor May 14, 2008
EFFECTIVE See note
NOTE: Section 8 provides that the act shall take effect when the board of commissioners of the Colorado state fair authority certifies to the state treasurer and the revisor of statutes, that all loans owed by authority to the state treasurer any outstanding debt incurred by the authority to build the events center in Pueblo have been repaid in full. As of publication date, the revisor of statutes had not received notice.