8 CCR 1201-13, pt. 8 - Statement of Basis and Purpose
These Rules are adopted pursuant to the Public Livestock Markets provisions, specifically, § 35-55-113(6), C.R.S.
The purposes of these Rules are to: define applicable terms; specify the requisite notice to animal owners; establish the procedures for inspection, removal and euthanization of animals; and designate diseases and injuries which are beyond recovery.
The statements of basis and purpose for some rule changes are no longer in the Department files and are presumably in the state archives.
Specific Statutory Authority
The specific statutory authority for this Rule is located in §§ 35-55-113(6), C.R.S., which grants authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt reasonable Rules for the administration of the Public Livestock Markets Act, § 35-55-101, et seq., and to adopt Rules to identify diseases that render livestock permanently disabled or the carcasses thereof permanently unfit for human consumption.
Purpose
The revisions to these Rules incorporate changes as a result of the Department's Regulatory Efficiency Review Process.
Factual Policy and Issues
In reviewing and updating these Rules, the reviewers updated the definitions Parts to clarify the meanings of key diseases or disorders; to remove the word "animal," as livestock markets do not operate to sell animals; to update information regarding the body-condition scoring to reflect that the Department would no longer incorporate body-condition scoring charts with the Rule; to strike "euthanize" to leave "euthanasia" as the proper term; to update the definition of "owner" to make it consistent with other Division of Animal Health Rule definitions; and to re-define "veterinarian" to indicate that for these Rules, "veterinarian" is someone who is also accredited by the USDA, Animal Plant Health Inspection Service.
Where the reviewers found provisions that were outdated or non-useful, the reviewers made changes. For instance, the Notice section of the Rule sets forth more simply and more clearly the actual notice that must be provided at all livestock markets regarding diseased, injured, or disabled animals. In Part 4, the reviewers clarified that both "disease" and "body condition" that do not timely respond to treatment render livestock "diseased beyond recovery." Similarly, the reviewers also changed 5.2 to indicate that livestock with an injury that results in a poor condition renders that livestock "injured beyond recovery." Finally, the reviewers removed paragraph B of Part 6 because the Commissioner is not authorized to set euthanasia costs state-wide or to interfere with such price-setting by independent veterinarians who perform such actions.
Additionally, the reviewers have removed all static charts regarding body condition scoring. Some of the formerly adopted charts did not provide a useful means of scoring certain species, and codifying such charts limits the Department's ability to rely on the most updated, precise charts that are available. Removing the charts permits the Department to respond to questions regarding body-condition scoring charts with the most accurate, updated, precise charts or methods available.
Statutory Authority
The specific statutory authority for this Rule is located in § 35-55-113(6), C.R.S., which grants authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt reasonable rules for the administration of the Public Livestock Markets Act, § 35-55-101, et seq., and to adopt rules to identify diseases that render livestock permanently disabled or the carcasses thereof permanently unfit for human consumption.
Purpose
The revisions to these Rules incorporate changes as a result of the Department's Regulatory Efficiency Review Process.
Factual and Policy Issues
Because 35-55-113(1)(a) requires veterinary inspection of both livestock and animals, the reviewers defined "Animal" to identify those animals not named as "Livestock" in the definitions of the Act, 35-55-101(1), C.R.S.
To provide increased clarity surrounding the obligations of a market veterinarian and the options of an animal's owner once the market veterinarian determines that an animal must be euthanized or when the market veterinarian determines that an animal is unfit for sale but may be humanely removed from the livestock market, the reviewers added clarification to the rules to give a step-by-step procedure regarding how and when a market veterinarian is to notify the animal's owner and how long such owner has to respond to the market veterinarian before the market veterinarian may euthanize the animal as well as regarding collection of any carcass that has not experienced euthanasia by means of barbiturates or any other chemical euthanasia process.
Specific Purpose of the Rulemaking
In Part 1.0 the reviewers added the definition for "Animals" to clarify that all animals bought and sold at livestock markets are subject to veterinary inspection. The reviewers deleted the definition for "Body condition score" as that term is no longer used in the rule. The reviewers also changed the term "Veterinarian" to "Market veterinarian" to clarify that the inspection and veterinary medical decisions including treatment and euthanasia will be conducted by the market veterinarian. Additionally, the reviewers clarified that the market veterinarian must have a USDA type II accreditation.
The reviewers added a new Part 3.1 to parallel the statute's requirements that all animals, not just livestock, must be inspected by a market veterinarian for the purpose of determining the animals' health and freedom from infectious or contagious diseases. During the rule hearing, the agency received a request from the Colorado Farm Bureau asking to change the word "all" to "most." The agency considered the comment and decided not to take action because the rule's language mirrors that of C.R.S. 35-55-113(1) (a), which requires that "[a]n 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."
In Part 3.3, the reviewers clarified the steps the market veterinarian must take upon reaching a determination that an animal must be euthanized, including what the steps necessary to notify the owner of the determination and the owner's options after euthanasia.
In Part 4.1, the reviewers provided additional clarity to describe when Ocular neoplasia would render an animal diseased beyond recovery. During the rule hearing, the agency received a request from the Colorado Farm Bureau asking to allow animals for sale if they don't show signs of metastasis. The agency considered the comment and decided not to take action because the way the rule is written any animal that does not show signs of metastasis, disease or tissue destroyed beyond recovery shall be fit for sale.
In Part 6.2, the reviewers added the requirement that the market veterinarian must provide written notice within 24 hours to the owner and market of any euthanized animal, citing the reason for euthanasia in such written notice.
In Part 7.1, the reviewers added language to deny an owner's collection of a carcass of any animal euthanized by barbiturates or any other chemical euthanasia solutions.
Notes
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