8 CCR 1205-2 Part 26 - Statements of Basis, Specific Statutory Authority And Purpose
The purpose of these rules is to establish standards and procedures for the enforcement of §§ 35-41.5-101 to 117, C.R.S. the Alternative Livestock Act. The authority for these rules is § 35-41.5-105, of the Alternative Livestock Act which requires the State Board of Stock Inspection Commissioners to administer and enforce the Alternative Livestock Act. Section 35-41.5-105(2) requires the State Board of Stock Inspection Commissioners to adopt any necessary and reasonable rule for the administration and enforcement of the Alternative Livestock Act.
This rule is adopted under the Alternative Livestock Act pursuant to § 35-41.5-105, C.R.S., and pertains to the administration and enforcement of the Alternative Livestock Act.
During the 1994 legislative session, Article 41.5 of Title 35 was enacted as the Alternative Livestock Act. The State Board of Stock Inspection Commissioners has adopted rules to administer and enforce the provisions of the Alternative Livestock Act. The identification of individual animals has been required by State Board of Stock Inspection Commissioners pursuant to the Alternative Livestock Act.
Part 5.1 of said rules established tattooing requirements which have in some instances proved to be unworkable. Some elk have been difficult to tattoo on the butt. Some butt tattoos have proven unreadable after even a short period of time. In addition, the area to be tattooed on a calf has been too small for the amount of information required. Because of weather or other factors, some alternative livestock owners have been unable to meet the deadline that all calves be tattooed before January 31 following the year of birth.
The State Board of Stock Inspection Commissioners ("Board") has modified the tattooing requirements with this rule to allow tattooing elk either on the butt or in the ear. In addition, the Board modified the rules to allow an exemption from the requirement that calves and fawns be tattooed before January 31 following the year of birth. With this rule, all tattoos will have the same minimum size.
The purpose of these rules is to establish tattooing standards and procedures for alternative livestock. The authority for these rules is § 35-41.5-105, of the Alternative Livestock Act which requires the State Board of Stock Inspection Commissioners to administer and enforce the Alternative Livestock Act. Section 35-41.5-105(2) requires the State Board of Stock Inspection Commissioners to adopt any necessary and reasonable rule for the administration and enforcement of the Alternative Livestock Act. These rules allow the State Board of Stock Inspection Commissioners to comply with the Alternative Livestock Act.
No policy issues were encountered in making this rule.
These emergency rules pertaining to the administration and enforcement of the Alternative Livestock Act are adopted pursuant to § 35-41.5-105(2), C.R.S. (1997).
These rules are adopted on an emergency basis, as defined in the Administrative Procedures Act, § 24-4-103(6), C.R.S. (1997). Immediate adoption of these rules is imperatively necessary for the preservation of public health, safety or welfare and compliance with the requirements of § 24-4-103 would be contrary to the public interest. A bull elk was discovered in Nebraska that tested positive for Chronic Wasting Disease ("CWD"). The diseased elk was traced to Colorado licensed alternative livestock facilities. CWD is a transmissible spongiform encephalopathy. Immediate measures are required in order to detect and track any exposure of individual animals and other herds to CWD. Delay in instituting testing requirements for CWD, which would result from compliance with the publication and hearing requirements of § 24-4-403, may result in diseased animals being moved thereby causing additional potential exposure to CWD.
Under present technology, no live animal test exists for detection of CWD. The testing required in these emergency rules reflects the state of the art for detection of CWD.
By vote on April 17, 1998, the Colorado Agricultural Commission required the following requirements concerning the control on infectious diseases, as set forth in § 35-41.5-105(2)(b), C.R.S. (1997).
These emergency rules shall be effective May 8, 1998.
These rules are adopted pursuant to § 35-41-101(3), C.R.S. (1997) and § 35-53-130, HB 98-1101.
The purposes of these rules are to establish the annual transportation permit fee and to define the requirements of an annual transportation permit.
These amendments to the rules pertaining to the administration and enforcement of the Alternative Livestock Act are adopted pursuant to § 35-41.5-105(2), C.R.S. (1997).
The purposes of these amendments are to establish requirements for the public sale of alternative livestock, health monitoring requirements for alternative livestock and grounds for disciplinary actions.
This amended rule is adopted pursuant to the powers and duties of the Colorado State Agricultural Commission, § 35-1-106(1)(o), C.R.S. (1998).
The purposes of this amended rule are to: allow importation of alternative livestock into Colorado only from herds with known tuberculosis status; to update incorporation of federal standards; and to make the statutory change in the per head assessment.
The statutory basis for the rules titled Cervid Slaughter Rules is the Alternative Livestock Act, § 35-41.5-101 through 117, C.R.S. (2001). The purpose of these rules is to protect the public health and animal health by detecting chronic wasting disease (CWD) in captive wildlife and alternative livestock presented in Colorado for slaughter and enact procedures to prevent the spread of CWD among animals.
To minimize the risk of importing alternative livestock into Colorado which are infected, or exposed to the transmissible spongiform encephalopathy disease of cervidae known as chronic wasting disease (CWD). This rule requires that imported alternative livestock and their herd of origin have a minimum 36 months of CWD surveillance of all mortalities regardless of cause at the adoption of this rule.
The statutory basis for these rules is the Alternative Livestock Act, §§ 35-41.5-101 through 117, C.R.S., and the Prevention and Eradication of Disease Act, §§ 35-50-101, 102, 136 (3.2), C.R.S. and § 35-1-106(1)(o) C.R.S.
The purpose of this rule is to prevent the spread or recurrence of Chronic Wasting Disease through enhanced licensing requirements of alternative livestock facilities.
The purpose of these revisions to Parts 1- 3 is to include portions of the rule that were inadvertently deleted through the publication process of the Colorado Code of Regulations. No substantive changes will be made to the rules and regulations previously adopted by the State Board of Stock Inspection. The statutory basis for these rules is the Alternative Livestock Act, §§ 35-41.5-101 through 117, C.R.S.; the Prevention and Eradication of Disease Act, §§ 35-50-101, 102, 110, 136 (3.2) and § 35-1-106(1)(o), C.R.S.; and the authority of the State Board of Stock Inspection § 35-41-101 C.R.S.
The statutory basis for these rules is the Alternative Livestock Act, §§ 35-41.5-101 through 117, C.R.S. and the authority of the Brand Board, 35-41-101, C.R.S.
Non-substantive revisions were made throughout the rule to enact certain "housekeeping" changes, such as the correction of grammatical and typographical errors, as well as organization. Part 26 was added to include Statements of Basis and Purpose previously adopted. Substantive changes were made to Parts 2, 3, 6, 14, 18 & 19. Parts 2, 3 and 14 were deleted and in separate rule-making are moved to rules of the Colorado Department of Agriculture, Division of Animal Industry. Part 18 was deleted due to the expiration of emergency rules that were not enacted to become permanent. Portions of Part 19 were moved to Part 1, and changes were made to enact provisions of the "Memorandum of Agreement Between the Colorado Department of Agriculture and the Colorado Department of Natural Resources, Division of Wildlife for Development of a Coordinated State Program to Address Chronic Wasting Disease." The purpose of revisions to Part 6 of this rule are to amend the fencing and facility design requirements for new Alternative Livestock facilities constructed after the date of enactment of these amendments to prevent the spread of Chronic Wasting Disease among alternative livestock in Colorado by better isolating wild cervids from alternative livestock.
The statutory basis for these rules is the Alternative Livestock Act 35-41.5-101 -117 C.R.S. and the authority of the Brand Board 35-41-101 C.R.S. Additions or changes to Parts 1, 6, 7, and 19 reflect language to clarify the intent of the rule, and to implement the applicable provisions of the Memorandum of Agreement (MOA) signed in June 2002, between the Division of Wildlife and the Department of Agriculture, for the purpose of preventing the spread of Chronic Wasting Disease.
Additions to Parts 1 and 7 clarify and improve enforcement of the act. In Part 6 several changes are intended to clarify specific authority and to implement the provisions of the MOA (6/2002) Parts 6.6 and 6.7 specifically address expansions or additions to existing facilities and insure compliance with the intent of the Board and the Alternative Livestock Act.
Part 19 revisions correct a conflict between these rules and Part 3.4 of the rules 'Concerning the Prevention of Disease in Alternative Livestock' 8 CCR 1201-17 Adopted April 29,2003.
The statutory authority for these rules is the Alternative Livestock Act § 35-41.5-105(2)(c) and (g), C.R.S., and the general authority of the State Board of Stock Inspection Commissioners found at § 35-41.5-105(3), C.R.S.
The basis of these rules is to comport record-keeping requirements with industry practice and to modify the fee structure to reflect the actual cost of the program.
Changes to Part 2.5 reflect a reduction in fees in line with the actual cost of administering the program.
Changes to Part 3.3 comport with common practices within the elk industry with regard to tattooing, which cannot reasonably be accomplished until after December 31 of the year in which any elk calf is born. As such, the Board modifies the deadline for submission of records related to births and tattooing to a later date to allow producers to update records in accord with typical herd management practices, calving seasons, and related tattooing.
SPECIFIC STATUTORY AUTHORITY
The specific statutory authority of this Rule is located in §§ 35-41.5-105(2)(a) through (g), 105(3), C.R.S., which cumulatively grant authority to the State Board of Stock Inspection Commissioners to adopt Rules related to operation of alternative livestock facilities, record-keeping, the form and manner of records submissions, standards of practice for a licensee, and setting classification and sub-classification of alternative livestock farms.
Purpose
The purpose of this rule-making is to provide revisions, updates, and clarifications to the "Administration and Enforcement of Alternative Livestock Act §§ 35-41.5-101 - 117 C.R.S" Rules to make them easier to read and understand while updating the Rules to reflect changes in industry practice, terms and definitions of agencies (state and federal), and board concerns. These changes in this rule-making reflect the efforts of the reviewers to clarify the Rules while encouraging the development of the alternative livestock industry within Colorado.
The definitions within this Rule have been updated to harmonize them with those definitions found in the Rules of the Animal Health Division of the Department of Agriculture where disease regulation within alternative livestock is addressed. The reviewers sought to clarify sentences, update language, remove duplicative terms, and increase readability of the Rules overall in accord with the Department's Regulatory Efficiency Review Process.
Factual Policy and Issues
Since the last modification of these Rules, the Colorado Division of Wildlife has become the Colorado Division of Parks and Wildlife. This name change and the division's acronym, "CPW," have been changed within this Rule. The reviewers noted that portions of the Rule were duplicative and unnecessary. For instance parts 2.1 and 2.7 were combined into one.
The regulated industry requested that records for two facilities, located within 25 miles of one another and licensed by the same person, be permitted to be kept at one location; that change is incorporated. Additionally, the regulated industry requested that additional time for notification of alternative livestock death be extended from two days. This Rule change extends that to the end of the month in which the death occurred and provides the opportunity for notification by e-mail.
The standards and practices were updated to require that a carcass release tag accompany hunt-killed alternative livestock when the animals are removed from the facility. Additionally, the reviewers clarified that for elk not on the inventory that are less than 12 months of age at the time of death need not be reported to the Board.
Because alternative livestock receive various forms of identification and because the regulated industry is not utilizing brands for identifying their alternative livestock, the reviewers removed provisions regarding branding of elk.
With regard to inspections, the reviewers clarified how discrepancies between official inventory records and facility records are to be reconciled at the time of annual inspection. The reviewers clarified a facility owner must notify the Board of any alternative livestock that do not ship after a shipment inspection to assist the Board with maintaining accurate records internally. Additionally, the reviewers clarified the inspection-fee language.
With regard to eradication of Chronic Wasting Disease, all references to de-population have been removed from these Rules, as state and federal authorities are rarely exercising this method of control any longer.
Throughout the Rule, the reviewers adjusted language to bring added clarity to the sentences and phrases, to remove redundancies, and to harmonize the words and phrases used throughout the Rule.
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