8 CCR 1201-19 Part 16 - Statements of Basis, Specific Statutory Authority and Purpose
The statutory authority for this rule is C.R.S. 35-50-101 -133, The Livestock Health Act.
The basis of this rule is to implement Senate Bill 05-024 titled The Livestock Health Act. This law repealed and reenacted authorities of the State Veterinarian to control and prevent livestock diseases. The law granted the State Veterinarian new authorities, most notably the authority to order a "hold" on all livestock on a premises while tests for the presence of a disease are conducted. The law also removed from statute language dealing with specific livestock diseases and granted the Colorado Commissioner of Agriculture the authority to adopt rules to control diseases.
Part 1 of this rule establishes procedures and requirements for the issuance of Certificates of Veterinary Inspection. These certificates offer proof that an animal is free from clinical signs of specific diseases and documents vaccinations and tests that may have been administered.
Part 2 establishes a commuter agreement process whereby existing breeding herds from border states are shipped into Colorado and later return to the herd of origin. This Part facilitates cross-border shipments that recur for grazing on a regular basis.
Part 3 establishes measures to prevent bovine tuberculosis, a disease that can be transmitted from cattle to other warm blooded mammals. The measures are designed to achieve continual eradication of bovine tuberculosis through herd testing and surveillance at slaughter plants.
Part 4 creates a process to control brucella ovis, a bacterium that causes a highly infectious disease affecting breeding rams known as ram epididymitis which causes infertility. Without an effective vaccine, management of the disease relies on surveillance of rams within herds. This part sets out surveillance requirements for movement of rams from one flock to another.
Part 5 creates a process to maintain Colorado's Certified Brucellosis Free Status and further reduce the possibility of infection to cattle and bison in Colorado. This Part establishes surveillance and vaccination requirements on cattle and bison herds.
Part 6 deals with an infectious disease that threatens Colorado's horse industry. Equine infectious anemia (EIA) is an infectious and potentially fatal disease without an effective vaccine or treatment regimen. This Part establishes an EIA surveillance process and disease control mechanism.
Part 7 creates a surveillance and testing program for swine herds to control pseudorabies and swine brucellosis. Pseudorabies is a viral disease most prevalent in swine that can also affect cattle, horses, sheep and other mammals that causes reproductive problems and can be fatal to newborn swine. Swine brucellosis is caused by the bacterium Brucella suis that causes reproductive and other problems.
Part 8 of this rule deals with trichomoniasis and was previously adopted. The provisions are moved to this rule.
Pursuant to Section 24-4-103 (12.5) of the Administrative Procedures Act, Section 24-4-101 et seq. C.R.S. (2004), the Colorado Department of Agriculture will comply with the following rules, codes or standards, which are incorporated herein by reference: Swine Brucellosis Control/Eradication, State-Federal-Industry, Uniform Methods and Rules, USDA APHIS Bulletin No. 91-55-042, issued April 1998; Brucellosis Eradication, Uniform Methods and Rules, USDA APHIS Bulletin No. 91-45-013, effective October 1, 2003; Pseudorabies Eradication State-Federal-Industry Program Standards, USDA APHIS Bulletin No. 91-55-071, effective November 1, 2003; Bovine Tuberculosis Eradication, Uniform Methods and Rules, USDA APHIS Bulletin No. 91-45-011, effective January 1, 2005; 9 CFR § 161 (2002), Requirements and Standards for Accredited Veterinarians and Suspension or Revocation of Such Accreditation; and 9 CFR 93-427(c) (2005), Cattle From Mexico.
This rule does not include later amendments or additions of the incorporated material. Information on obtaining copies of these incorporated materials may be found by contacting the Director of the Division of Animal Industry, Colorado Department of Agriculture, 710 Kipling Street, Suite 202, Lakewood, Colorado 80215. The incorporated materials may be examined at any state publications depository library.
The Colorado Department of Agriculture adopts the following emergency rules according to its authority as found in Colo. Rev. Stat. § 35-50-105, et seq., and 24-4-103(6).
STATEMENT OF PURPOSE AND COMPLIANCE WITH COLO. REV. STAT. § 24-4-103(6).
The Colorado Department of Agriculture finds that immediate adoption of these rules is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public interest.
Equine Viral Arteritis (EVA) is a contagious disease of horses that is caused by the equine arterits virus (EAV). At this point, most of the Colorado equine population has yet to be exposed. The commencement of immediate testing to identify pre-antibody receiving mares and stallions and to locate those already infected/affected with/by EAV is of the utmost importance to ensure the continued safety and health of Colorado's equine population. Therefore, adoption of these emergency rules is imperative.
Without the adoption of these emergency rules, the public's interest is not served. Wherefore, the Colorado Department of Agriculture, pursuant to § 24-4-103(6), C.R.S., has an obvious and stated need to enact these rules.
Statements of Basis, Specific Statutory Authority and Purpose
The statutory authority of this rule lies in § 35-50-105, et seq., C.R.S., 2005, specifically 35-50-105(3)(f), (g) and (h), C.R.S., 2005, which grants authority to the Commissioner of Agriculture, with the approval of the Colorado Agricultural Commission, to set standards and requirements for testing livestock for infectious or contagious diseases and to set similar requirements for the vaccination of livestock to control infectious diseases. The Commissioner is further authorized to set standards and requirements for surveillance, testing, or implementation of other disease control measures.
The basis of this rule lies in the importance of controlling contagious disease among horses and other equine species and to facilitate commerce among citizens of Colorado and other states and countries. Equine viral arteritis (EVA) is a highly communicable disease spread among horses in two different manners. Infected equines with clinical signs of EVA can infect other equines by aerosol discharges from the mouth or nose. Male equines that have contracted EVA can then spread the disease to females by breeding or by artificial insemination. Therefore EVA is spread through both direct and venereal routes among equines. There is no direct treatment for the veneral disease, and therefore, male equines with the disease may have restricted ability to breed during the remaining period of their lives.
The purpose of this rule is to establish a widely accepted protocol for EVA disease control methods, testing, vaccination and record keeping requirements. This rule will enable owners of equines to contract for breeding their equines with increased confidence that EVA vaccination, testing, and disease control standards remain in effect in Colorado.
The Colorado Department of Agriculture adopts the following emergency rules according to its authority as found in Colo. Rev. Stat. § 35-50-105, et seq., and 24-4-103(6). These rules be effective on January 4, 2007.
STATEMENT OF PURPOSE AND COMPLIANCE WITH COLO. REV. STAT. § 24-4-103(6).
The Colorado Department of Agriculture finds that immediate adoption of these rules is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public interest.
Equine Viral Arteritis (EVA) is a contagious disease of horses that is caused by the equine arterits virus (EAV). At this point, most of the Colorado equine population has yet to be exposed. The commencement of immediate testing to identify pre-antibody receiving mares and stallions and to locate those already infected/affected with/by EAV is of the utmost importance to ensure the continued safety and health of Colorado's equine population. New Mexico, has reported confirmed cases of EVA. Because of New Mexico's proximate closeness to Colorado and because the breeding season is currently active, adoption of these emergency rules is imperatively necessary for preservation of public health, safety and welfare.
Without the adoption of these emergency rules, the public's interest is not served. Wherefore, the Colorado Department of Agriculture, pursuant to § 24-4-103(6), C.R.S., has an obvious and stated need to enact these rules.
Statements of Basis, Specific Statutory Authority and Purpose
The statutory authority of this rule lies in § 35-50-105, et seq., C.R.S., 2005, specifically 35-50-105(3)(f), (g) and (h), C.R.S., 2005, which grants authority to the Commissioner of Agriculture, with the approval of the Colorado Agricultural Commission, to set standards and requirements for testing livestock for infectious or contagious diseases and to set similar requirements for the vaccination of livestock to control infectious diseases. The Commissioner is further authorized to set standards and requirements for surveillance, testing, or implementation of other disease control measures.
The basis of this rule lies in the importance of controlling contagious disease among horses and other equine species and to facilitate commerce among citizens of Colorado and other states and countries. Equine viral arteritis (EVA) is a highly communicable disease spread among horses in two different manners. Infected equines with clinical signs of EVA can infect other equines by aerosol discharges from the mouth or nose. Male equines that have contracted EVA can then spread the disease to females by breeding or by artificial insemination. Therefore EVA is spread through both direct and venereal routes among equines. There is no direct treatment for the veneral disease, and therefore, male equines with the disease may have restricted ability to breed during the remaining period of their lives.
The purpose of this rule is to establish a widely accepted protocol for EVA disease control methods, testing, vaccination and record keeping requirements. This rule will enable owners of equines to contract for breeding their equines with increased confidence that EVA vaccination, testing, and disease control standards remain in effect in Colorado.
The Colorado Department of Agriculture adopts the following rules according to its authority as found in Colo. Rev. Stat. § 35-50-105, et seq.
Statements of Basis, Specific Statutory Authority and Purpose
The statutory authority of this rule lies in § 35-50-105, et seq., C.R.S., 2005, specifically 35-50-105(3)(f), (g) and (h), C.R.S., 2005, which grants authority to the Commissioner of Agriculture, with the approval of the Colorado Agricultural Commission, to set standards and requirements for testing livestock for infectious or contagious diseases and to set similar requirements for the vaccination of livestock to control infectious diseases. The Commissioner is further authorized to set standards and requirements for surveillance, testing, or implementation of other disease control measures.
The basis of this rule lies in the importance of controlling contagious disease among horses and other equine species and to facilitate commerce among citizens of Colorado and other states and countries. Equine viral arteritis (EVA) is a highly communicable disease spread among horses in two different manners. Infected equines with clinical signs of EVA can infect other equines by aerosol discharges from the mouth or nose. Male equines that have contracted EVA can then spread the disease to females by breeding or by artificial insemination. Therefore EVA is spread through both direct and venereal routes among equines. There is no direct treatment for the veneral disease, and therefore, male equines with the disease may have restricted ability to breed during the remaining period of their lives.
The purpose of this rule is to establish a widely accepted protocol for EVA disease control methods, testing, vaccination and record keeping requirements. This rule will enable owners of equines to contract for breeding their equines with increased confidence that EVA vaccination, testing, and disease control standards remain in effect in Colorado.
SPECIFIC STATUTORY AUTHORITY:
The specific statutory authority of this rule is § 35-50-105(3)(c), C.R.S., which grants authority to the Commissioner of Agriculture, upon approval of the Colorado Agricultural Commission, to adopt rules related to the health standards for importation of livestock into the State of Colorado. With approval from the Colorado Agricultural Commission, the Commissioner of Agriculture adopts this rule as an emergency rule pursuant to § 24-4-103(6), C.R.S.
Statement of Emergency Purpose
The Colorado Commissioner of Agriculture, with approval of the Colorado Agricultural Commission, finds that immediate adoption of this rule is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public's interest.
This rule creates a standardized method by which the Commissioner of Agriculture, through the Colorado State Veterinarian, may identify feedlots in the State of Colorado that are approved to import livestock that come from states whose regulated disease statuses may be different from those in Colorado. Specifically, the rule identifies the requirements for a feedlot to attain and maintain a registration and the methods to apply for a registration. In addition, the rule obviates the need for import testing or vaccination in livestock that come from states with different regulated disease statutes prior to importation.
The overall purpose of this rule is to protect both the economic vitality of Colorado's feedlots while continuing to protect the state's livestock producers from diseases that are currently eradicated or controlled within the state.
Immediate implementation of this rule is necessary to protect the economic viability of Colorado's livestock producers.
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include:
Recent changes in neighboring states' regulated disease status have made it difficult and expensive for feedlots within the state to import certain livestock for the purpose of finishing at a feedlot prior to sending to slaughter. An import ban on livestock from states that have lost certain disease regulation status or that have lower disease control requirements than Colorado makes it difficult for feedlots to import the numbers of livestock needed to maintain economic vitality. At the same time, importing cattle from states that have different statuses could be harmful to Colorado's breeding herd and Colorado's livestock producers.
The Commissioner of Agriculture, in tandem with representatives from industry groups and the State Veterinarian's Office, recognized that the dual goal of protecting Colorado's livestock producers while providing feedlots a method to remain competitive could be achieved. This rule establishes a uniform method to identify those feedlots that are eligible to import livestock from states with different regulated disease statuses.
The rule permits immediate importation of livestock from neighboring states whose regulated disease status have changed with minimal output cost to the Colorado feedlot. In addition, this rule maintains the important protections provided to Colorado's livestock producers and breeding stock from diseases that are controlled or eradicated from within the State of Colorado.
SPECIFIC STATUTORY AUTHORITY:
The specific statutory authority of this rule is § 35-50-105(3)(c), C.R.S., which grants authority to the Commissioner of Agriculture, upon approval of the Colorado Agricultural Commission, to adopt rules related to the health standards for importation of livestock into the State of Colorado. With approval from the Colorado Agricultural Commission, the Commissioner of Agriculture adopts this rule pursuant to § 24-4-103(4), C.R.S.
Statement of Purpose
The adoption of this rule makes permanent emergency rules and renumbers parts of the rule as appropriate.
This rule creates a standardized method by which the Commissioner of Agriculture, through the Colorado State Veterinarian, may identify feedlots in the State of Colorado that are approved to import livestock that come from states whose regulated disease statuses may be different from those in Colorado. Specifically, the rule identifies the requirements for a feedlot to attain and maintain a registration and the methods to apply for a registration. In addition, the rule obviates the need for import testing or vaccination in livestock that come from states with different regulated disease statutes prior to importation.
The overall purpose of this rule is to protect both the economic vitality of Colorado's feedlots while continuing to protect the state's livestock producers from diseases that are currently eradicated or controlled within the state.
Implementation of this rule is necessary to protect the economic viability of Colorado's livestock producers.
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include:
Recent changes in neighboring states' regulated disease status have made it difficult and expensive for feedlots within the state to import certain livestock for the purpose of finishing at a feedlot prior to sending to slaughter. An import ban on livestock from states that have lost certain disease regulation status or that have lower disease control requirements than Colorado makes it difficult for feedlots to import the numbers of livestock needed to maintain economic vitality. At the same time, importing cattle from states that have different statuses could be harmful to Colorado's breeding herd and Colorado's livestock producers.
The Commissioner of Agriculture, in tandem with representatives from industry groups and the State Veterinarian's Office, recognized that the dual goal of protecting Colorado's livestock producers while providing feedlots a method to remain competitive could be achieved. This rule establishes a uniform method to identify those feedlots that are eligible to import livestock from states with different regulated disease statuses.
The rule permits importation of livestock from neighboring states whose regulated disease status have changed with minimal output cost to the Colorado feedlot. In addition, this rule maintains the important protections provided to Colorado's livestock producers and breeding stock from diseases that are controlled or eradicated from within the State of Colorado.
SPECIFIC STATUTORY AUTHORITY:
The specific statutory authority of this rule is located in §§ 35-50-105(3)(a), (b), (c), (f), (h), (j), (n), (p), and (q), C.R.S., which cumulatively grant authority to the Commissioner of Agriculture, upon approval of the Colorado Agricultural Commission, to adopt rules related to designations of livestock disease for control and reporting purposes; health standards for importation of livestock; livestock testing for contagious or infectious disease; standards for disease surveillance among and in livestock; the form and manner of disease reporting; standards and requirements for disease prevention; and livestock disease prevention.
Purpose
The purpose of this rule change is to update the rule to clarify definitions, strengthen testing procedures and guidelines, and implement an improved risk-based approach in preventing and controlling Bovine Trichomoniasis, also known as Trich.
The changes reflected in this rule-making represent new developments in the science of veterinary medical diagnostics and in the application of that science to better prevent and control the identified disease. In addition, these changes addressed the concerns of the livestock industry to mitigate the prevalence and economic implications of Trichomoniasis to the Colorado cattle industry.
Changes to the definitions of the rule add terms that have been identified and adopted in other parts of the Livestock Disease Control rules. In addition, changes in the definitions section amend previously adopted definitions to create consistency within the entire Livestock Disease Control rules. Further changes identify alternate official tests that may be used to identify Trich and reduce producers' costs in the testing and release of quarantined herds, and formatting changes within the definitions provide consistency and clarity to terms used throughout this part of the livestock disease control rules.
The "Import Rules" section of this part underwent changes to place more stringent requirements on the import of cattle and to ensure that sample collection and testing procedures apply the most recent scientific understanding to better prevent and control the disease prior to import. The rules within this section are re-organized for ease of reading and clarity of thoughts. Minor changes to testing requirements amend previous requirements so as to assure more accurate test results. Finally, changes throughout the section clarify disease control requirements for breeding females, bulls, commuter-permitted bovines, and bovines at public livestock auctions.
Changes throughout the rule also allow for virgin bull affidavits as an alternative to testing bulls that are 12 to 18 months of age that have no history of sexual contact, thereby implementing a risk-based approach that reduces the testing requirements, the testing costs, and the risk of injury to cattle, owners/operators, and veterinarians. Changes to the "Approved Laboratory Responsibilities" and "Approved Veterinarian" conform to law, removing requirements that the State Veterinarian could not legally enforce.
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include:
The reviewers found that since the inception of this rule several years back, updates in the science related to testing for Trich and updates in general knowledge related to the prevention of the disease rendered portions of the previous rule unnecessary to accomplish the same goals. The veterinary scientific community identified ways to improve the accuracy of testing by making improvements to the sampling procedure and testing protocol, which improvements are reflected in the rule changes. The reviewers identified risks to field veterinarians who were performing sample collections on bulls and the dangers associated with repeated collections from bulls that had previously been sampled. At least one veterinarian had been seriously injured while collecting samples from a previously sampled bull. Additionally, the reviewers found that due to the newer diagnostic tests and capabilities, fewer tests were required to release a Trich quarantined herd as repeated testing of the same animals would not yield any more conclusive results. Therefore, the new testing protocol allowed in the rule will produce a more accurate test with less risk to producers and veterinarians.
Other issues that the reviewers considered include the fact that other definitions throughout the "Livestock Disease Control" rules had been amended or changed entirely. Part of the effort with this rule-making was to bring this rule into closer conformity to other parts within the "Livestock Disease Control" rules as a whole.
Finally, the reviewers found it necessary to amend requirements for bulls known to be virgin bulls such that an owner's affidavit would sufficiently and satisfactorily confirm the virgin status of their bulls without additional testing. Doing so will not increase the risk of spread of the disease because a risk-based testing approach to this age group of breeding bulls is already in place. Further, allowing affidavits will remove an undue financial burden on the livestock producers in testing all of their young bulls. Lastly, requiring the testing of virgin bulls over 18 months of age will increase disease surveillance and better control and prevent the disease.
The changes in these rules reflect the most up-to-date scientific studies, research, and knowledge available and apply that science in a manner that protects Colorado's livestock industry while encouraging and maintaining a healthy and robust livestock sector within Colorado's economy.
SPECIFIC STATUTORY AUTHORITY
The specific statutory authority of this rule is located in §§ 35-50-105(3)(a) through (d), (f), (h), (j), (n), (p), and (q), C.R.S., which cumulatively grant authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt rules related to designations of livestock disease for control and reporting purposes; health standards for importation of livestock; standards for livestock health certificates; livestock testing for contagious or infectious disease; standards for disease surveillance among and in livestock; the forma and manner of disease reporting; standards and requirements for disease prevention; and livestock disease prevention.
Purpose
The purpose of this rule-making is to provide revisions to portions of the current Livestock Disease Control rules that will make the rules easier to read and understand while updating the rules to reflect changes in disease detection, surveillance, testing, and monitoring. These changes in this rule-making reflect the efforts of the reviewers to achieve the dual goal of protecting Colorado's livestock industry from disease while providing an environment where that industry may thrive.
In this rule-making, the reviewers focused on Parts 1, 2, 3, 5, 9, and 10. Generally, duplicative definitions from the rule were moved to an opening section, "Definitions." This section will apply to the entire rule except where a more specific definition remains or is set forth within a specific Part. Throughout the changed rules, the reviewers sought to clarify sentences, update language, removed duplicative terms, and increase readability.
Factual Policy and Issues
Since the time that these rules were last reviewed, the USDA has finalized its disease traceability requirements. The changes to USDA's rules effected changes in these rules. These changes come into these rules in new definitions and in changes to requirements for CVIs, movement between states, and movement between Approved Feedlots.
Additionally, these rule changes represent the most current veterinary science related to disease transmissibility, prevention, and monitoring.
These revisions incorporate changes as a result of the Department's Regulatory Efficiency Review Process conducted in accordance with the Governor's Executive Order D 2012-002.
SPECIFIC STATUTORY AUTHORITY
The specific statutory authority of this Rule is located in §§ 35-50-105(3)(a), (d), (f), and (h), C.R.S., which cumulatively grant authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt Rules related to designations of livestock disease for control and reporting purposes; standards and requirements for testing livestock for infectious or contagious diseases; standards for livestock health certificates; standards for disease surveillance among and in livestock; standards and requirements for disease prevention; and livestock disease prevention.
Purpose
The purpose of this rule-making is to move relevant Rule provisions that are currently in 8 CCR 1201-1"Health Requirements Governing Livestock and Poultry" into 8 CCR 1201-19 to permit that 8 CCR 1201-1 be repealed in their entirety.
Specifically, the changes to this Rule add a definition for "zoological park"; incorporate 8 CCR 1201-1 's exceptions to livestock that require a certificate of veterinary inspection into 8 CCR 1201-19; set forth the certificate of veterinary requirements for non-livestock animals, animals going to zoological parks, and wildlife; incorporate 8 CCR 1201-1 's bovine dairy herd tuberculosis testing and accreditation into 8 CCR 1201-19. These revisions incorporate changes as a result of the Department's Regulatory Efficiency Review Process.
Factual Policy and Issues
8 CCR 1201-1 was originally adopted in the 1950s. Most of that Rule were repealed with the enactment of § 35-50-101, et seq. This rule-making was important to streamline all Rules regarding livestock health into one Rule.
Statutory Authority
These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under §§ 35-50-105(3)(a), (d), (f), and (h), C.R.S.
Purpose
The purpose of this proposed rulemaking is to update definitions; delete the "Introduction" sections in each part; update the tuberculosis and brucellosis parts to align with updated federal guidelines; and clean up unnecessary language.
Specific Purpose
The introduction sections were deleted in every Part in order to bring this rule into conformity with CDA's uniform rules format; and the rule has been renumbered to bring it into uniformity with other Department rules. Grammatical and syntactic changes were made to Part 1, including bringing the definitions into conformity with national disease prevention, and statutory definitions.
Within Part 5 CCT responses being plotted on a CCT scattergram has been removed as it is informational in nature and not needed in rule. Sections of the rule pertaining to branding of reactor and exposed cattle have been removed because this is no longer practiced in the U.S. Language has been updated pertaining to imported cattle from Mexico to reflect the most recent Colorado import requirements.
Within Part 6 information pertaining to participation in a flock certified program has been removed. CDA has not had any participants in this program so it is being removed due to lack of use. In the event a livestock producer should be interested, CDA could create a voluntary program without rule guidance.
In Part 7 the portion of the rule on beef and bison brucellosis import test requirements has been removed as all of these vaccination and test requirements have changed so these rule requirements are no longer accurate.
In Part 8 portions concerning owner assist in handling and restraining animals has been removed as it has been removed in statute; the notification window for the approved laboratories to inform the State Veterinarian's office of all positive test results has been changed to 24 hours to reflect the speed of modern communication technology; portions of 8.7 and 8.8 are being removed as EIA positive horses are no longer allowed to be slaughtered in the U.S. Changes brought the rule into alignment with USDA Code of Federal Regulations.
In Part 9 information about swine pseudorabies and brucellosis was deleted as these diseases have been eradicated from commercial swine in the U.S. If either disease re-emerges it will likely be addressed as a new and emerging or a foreign animal disease and not described in this portion of the rule.
Part 12 was added to address reportable disease requirements of accredited veterinarians and diagnostic laboratories in Colorado.
Factual Policy and Issues
These rule changes represent the most current veterinary science related to disease transmissibility, prevention, and monitoring. The language has been updated to bring it into conformity with national disease prevention terms, definitions, and standards.
Statutory Authority
These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to her authority under §§ 35-50-105(3)(a), (f), and (h), C.R.S.
Purpose
The purpose of this proposed rule-making is to remove the requirement that Colorado dairies be accredited TB-free and allow for voluntary accreditation.
Specific Purpose
Part 5.14.2 was amended to change the mandatory tuberculosis accreditation requirement for bovine dairy herds to voluntary accreditation.
Part 5.15.1 was amended to change the mandatory tuberculosis accreditation requirement for non-bovine dairy herds to voluntary accreditation.
Factual Policy and Issues
The Colorado Dairy TB Accreditation testing program has existed as a disease surveillance tool used to potentially enable a more timely diagnosis and location of TB in Colorado. Many other states had similar TB accreditation testing programs but have since ended their programs. At this time, Colorado is the only state to require bovine and non-bovine dairy herd TB accreditation testing.
Colorado TB Dairy Accreditation testing has not proven to be an effective disease surveillance tool in past years and is not likely to locate newly infected TB dairy herds in the foreseeable future. Due to the economic and labor-related burdens associated with testing without a benefit in disease reduction, the CDA Animal Health Division is recommending a rule change to no longer require TB Accreditation for Colorado dairies
Specific Statutory Authority
These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to her authority under §§ 35-50-105(3)(a), (f), and (h), C.R.S.
Purpose
The purpose of this proposed rulemaking is to incorporate changes as a result of the Department's Regulatory Efficiency Review Process, as well as to update the Rule to ensure the most up-to-date science and technology standards. Revisions to this rule include: updating definitions; adding a new "incorporations by references" section to streamline the inclusion of federal standards; adding a new section for the Swine Health Plan standards; and cleaning up unnecessary language.
Specific Purpose of the Rulemaking
In Part 1 the reviewers clarified definitions and removed the definition of "Location identification number (LID)" since that term is no longer applicable. The reviewers also added a definition for "Test eligible cattle and bison". Furthermore, a new Part 1.2 Incorporations by Reference was added to streamline the incorporation of USDA rules and program standards. A new Part 1.3 Record Keeping was also added since these record-keeping requirements apply to all of 8 CCR 1201-19, not just Part 5 where it formerly resided.
Part 2.1.1. clarifies that the veterinary inspection of animals for issuance of a CVI must be in person as virtual or telemedicine is not an allowable alternative. The reviewers have moved the import requirements that formerly resided in Part 2.2. to the CDA Animal Health Website which provides the most current import requirements and is more user-friendly for the stakeholders to find the information they need. The reviewers clarified Part 2.4 to differentiate between cats and dogs, and other non-livestock animals. The reviewers also updated Part 2 to indicate that the CVI requirements apply to all animals, not just livestock.
In Part 3, the reviewers removed definitions that were not being used and made minor grammatical changes throughout the section. The reviewers consolidated the commuter agreement requirements to be consistent in Part 3.2. Testing requirements were updated, including the removal of the requirement for adult female cattle to be Official Calfhood Vaccinates, and the testing requirements for T. fetus. The requirement for B. ovis testing upon return to Colorado was also removed. The non-compliance section was modified to be consolidated and streamlined.
In Part 4, the reviewers clarified that all movements to approved feedlots must meet CVI and other import requirements. In Part 4.4.1.1 and 4.4.1.2. the reviewers added information about record-keeping requirements. In several places throughout Part 4, the reviewers changed cattle to livestock, which would allow for other species to be considered for inclusion in the Approved Feedlot program, such as lamb feedlots.
In Part 5, the reviewers moved the import requirements to the CDA Animal Health Website which provides the most current import requirements and is more user-friendly for the stakeholders to find the information they need. In Part 5.13.1. new language was added to clarify that tuberculosis accreditation and re-accreditation are voluntary.
In Part 6, the reviewers changed or added language to clarify test results, use of tests, and testing procedures for the disease in rams. In Part 6.3.1, language was added to clarify the responsibility of the buyer to obtain official test records. Part 6.5.1.1 was added to address indeterminate test results and identify possible infection developing in rams.
In Part 7, the reviewers updated the definition of "reactor", and added a definition of "suspect". The import requirements were moved to the CDA Animal Health Website which provides the most current import requirements and is more user-friendly for the stakeholders to find the information they need. In Part 7.4. the reviewers clarified that vaccination for Brucellosis is voluntary in Colorado. Additional information was also added as to the strain of the vaccine and the age of the animal at which the vaccine shall be administered.
In Part 8, the reviewers added a new definition for "contact herd" and clarified that all test-eligible Equidae in a contact herd shall be placed under a hold order until those animals have been tested for EIA.
The reviewers incorporated the Swine Production Health Plan (SPHP) in Part 9.4 which was not previously addressed. The SPHP provides a streamlined framework for Swine Production Systems to move swine across state lines between operations when there is no change of ownership. The framework of these plans allows for movement of swine without individual identification as long as the requirements listed are met.
In Part 10, the reviewers added a definition of "official Colorado negative T. fetus tag". Additionally, the import information has been moved to the CDA Animal Health website along with all other import requirement information. In Part 10.4. new information was added regarding official ID requirements for all bulls that are tested for T. fetus, and that this identification information must be recorded on the test submission form.
In Part 11 reviewers made no significant changes to the rule aside from some grammatical corrections to improve consistency within the rule.
Notes
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