C.R.S. § 35-41.5-101 Short title
35-41.5-101. Short title. This article shall be known and may be cited as the "Alternative Livestock Act".
Alternative Livestock Act
C.R.S. tit. 35, art. 41.5
in effectC.R.S. § 35-41.5-102 Definitions
35-41.5-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Alternative livestock" means any domesticated elk or fallow deer as such are classified as alternative livestock pursuant to this article. Alternative livestock shall not be considered wildlife for purposes of this article.
(2) "Board" means the state board of stock inspection commissioners created in section 35-41-101.
(3) "Commission" means the state agricultural commission created in section 35-1-105.
(4) "Commissioner" means the commissioner of agriculture or the commissioner's designee.
(5) "Department" means the department of agriculture.
(6) "Escaped alternative livestock" means an animal not within the control or under the direction of a licensee or a licensee's designee.
(7) "License" means an alternative livestock farm license.
(8) "Licensee" means a person, company, corporation, limited liability company, or partnership.
C.R.S. § 35-41.5-103 Scope of article
35-41.5-103. Scope of article. (1) The following are subject to the provisions of this article and to any rules adopted pursuant thereto:
(a) Any animal classified as an alternative livestock pursuant to this article; and
(b) Any person selling, trading, giving, bartering, or otherwise transferring any alternative livestock in this state, unless specifically exempted elsewhere in this article.
(2) The provisions of this article do not apply to:
(a) Wildlife regulated by the division of parks and wildlife;
(b) Livestock as defined in section 35-41-100.3 (5); or
(c) Alternative livestock owned by or in the possession of a zoological park that is accredited by the American zoo and aquarium association; except that:
(I) The rules of the board adopted pursuant to this article regarding the transfer of alternative livestock shall apply to any transfer and movement of alternative livestock; and
(II) Any intrastate transfer and movement of alternative livestock by a zoological park accredited by the American zoo and aquarium association to any person or entity not accredited by the American zoo and aquarium association is subject to this article and to any rules adopted pursuant to this article.
C.R.S. § 35-41.5-104 Alternative livestock farm license required
35-41.5-104. Alternative livestock farm license required. Any person operating a farm or ranch at which alternative livestock are raised shall obtain a valid alternative livestock farm license issued by the board pursuant to this article and any rules promulgated pursuant thereto. Such license shall be issued for a specific class or subclass of alternative livestock.
C.R.S. § 35-41.5-105 Powers and duties of the board
35-41.5-105. Powers and duties of the board. (1) The board is hereby authorized to administer and enforce the provisions of this article and any rules adopted pursuant thereto.
(2) The board shall adopt any necessary and reasonable rules for the administration and enforcement of this article, including rules governing:
(a) Operating standards for an alternative livestock farm;
(b) Inspections of alternative livestock for purposes of licensing or renewing a license, changes of ownership of alternative livestock, and movement of alternative livestock, including requiring proof that alternative livestock meet the requirements of a tuberculosis surveillance plan adopted pursuant to section 35-1-106 (1)(o) and that such alternative livestock meet requirements concerning the control of infectious diseases as required by the commission, and requirements concerning genetic purity as required by the parks and wildlife commission;
(c) Establishing the form and manner of submission of records required for licensure and record keeping pursuant to this article;
(d) Establishing standards of practice for a licensee;
(e) Setting classifications and subclassifications of alternative livestock;
(f) Defining grounds for disciplinary action authorized under this article, including letters of admonition or the denial, suspension, revocation, or restriction of any license;
(g) Setting fees for licenses based upon the classification of an alternative livestock farm; and
(h) The disposition of any estray taken up by inspectors as determined to be proper and just and in the best interest of the owner of the estray.
(3) The board shall set licensing and inspection fees for each classification of alternative livestock based on the actual cost of administering and enforcing this article and any rules adopted pursuant thereto.
(4) The board is authorized to charge a service fee to cover the cost of administrative requirements in addition to any inspection fee.
(5) The board is authorized to conduct hearings required under sections 35-41.5-112, 35-41.5-113, and 35-41.5-114 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when the use of administrative law judges would result in a net saving of costs to the board.
(6) The board is authorized to enter into cooperative agreements with and to accept grants from any agency or political subdivision of this state or any other state, or with any agency of the United States government, subject to limitations set forth elsewhere in the Colorado Revised Statutes and the state constitution, to carry out the provisions of this article.
(7) The powers and duties vested in the board by this article may be delegated to qualified employees of the department and the division of parks and wildlife.
(8) The parks and wildlife commission may review rules concerning alternative livestock proposed by the board and may make recommendations to the board concerning such rules.
(9) The board may assign a brand to an alternative livestock farm license. Such brand shall be used as directed by the board pursuant to rule.
(10) If two or more persons claim ownership of any certain alternative livestock and the true owner is not readily ascertainable, the board may:
(a) Treat the alternative livestock as an estray pursuant to article 44 of this title; or
(b) Provide for arbitration of the claim of ownership under the supervision of the board or the designee of the board.
C.R.S. § 35-41.5-106 Alternative livestock farm - license requirements - application - fees
35-41.5-106. Alternative livestock farm - license requirements - application - fees. (1) Each applicant for an alternative livestock farm license shall submit an application providing all information in the form and manner as required by the board.
(2) No license shall be issued:
(a) Unless accompanied by documentation that the alternative livestock on the farm are in compliance with the rules promulgated by the commission pursuant to section 35-1-106 (1)(o);
(b) Unless accompanied by documentation that the alternative livestock on the livestock farm have been inspected by the board;
(c) Until the board has inspected and approved the farm; and
(d) Unless accompanied by a site review and recommendation issued by the division of parks and wildlife if such site review and recommendation is completed within thirty days after the request is received from the board. If the site review and recommendation is not issued within thirty days after the request is received, the requirement for such site review and recommendation shall be deemed waived.
(3) Each separate location of a farm shall be licensed separately.
(4) (a) If an alternative livestock farm operates under more than one business name from a single location, the name of each such operation shall be listed with the board in the form and manner required by the board. The board may require that a separate fee be paid for each business name so listed.
(b) No additional alternative livestock farm license shall be required for an additional business name.
(c) If an alternative livestock farm operates under more than one business name from a single location, the farm shall maintain separate records pursuant to section 35-41.5-108 for each such business name.
(5) Each applicant for an alternative livestock farm license shall pay a license fee in an amount determined by the board.
(6) Each alternative livestock farm license shall expire on August 31 in the year following the year of issuance.
(7) Each licensee shall report to the board, in the form and manner required by the board, any change in the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.
(8) Licenses issued pursuant to this article are not transferable.
(9) Each alternative livestock farm licensee shall:
(a) Separate alternative livestock from captive wildlife as required by the board;
(b) Have the alternative livestock inspected by the board prior to any movement, sale, or slaughter;
(c) Identify in the form and manner designated by the board each alternative livestock animal in its possession;
(d) Maintain records of the alternative livestock inventory in accordance with section 35-41.5-108.
C.R.S. § 35-41.5-107 Alternative livestock farm license - renewals
35-41.5-107. Alternative livestock farm license - renewals. (1) An alternative livestock farm licensed pursuant to this article shall make an application to renew its license on or before June 30. Said application shall be in the form and manner prescribed by the board and shall be accompanied by the renewal fee.
(2) No license shall be renewed unless accompanied by an inspection certificate showing that the alternative livestock on the alternative livestock farm have been inspected and certified by the board for health and genetic purity during the immediately preceding ninety-day period.
(3) If the application for renewal is not postmarked on or before June 30, a penalty fee of ten percent of the renewal fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.
(4) If the application and fee for renewal are not postmarked on or before August 31, the license shall not be renewed, and a new license shall be required.
C.R.S. § 35-41.5-108 Record-keeping requirements
35-41.5-108. Record-keeping requirements. (1) Each alternative livestock farm licensee shall keep and maintain records in the form and manner designated by the board.
(2) Records maintained pursuant to subsection (1) of this section shall be retained at the licensee's address of record:
(a) For a period of three years after the death or sale of an animal if such record pertains to an alternative livestock; or
(b) For a period of three years if such record does not pertain to an alternative livestock.
C.R.S. § 35-41.5-109 Unlawful acts
35-41.5-109. Unlawful acts. (1) Unless otherwise authorized by law, it is unlawful and a violation of this article for any person to:
(a) Perform any of the acts for which licensure as an alternative livestock farm is required without possessing a valid license;
(b) Hold oneself out as being so qualified to perform any of the acts for which licensure pursuant to this article is required without possessing a valid license;
(c) Solicit, advertise, or offer to perform any of the acts for which licensure as an alternative livestock farm is required without possessing a valid license to perform such acts;
(d) Refuse or fail to comply with the provisions of this article;
(e) Refuse or fail to comply with any rules adopted by the board pursuant to this article or to any lawful order issued by the board;
(f) Refuse to comply with a cease-and-desist order issued pursuant to section 35-41.5-112;
(g) Willfully make a material misstatement in the application for a license or in the application for renewal thereof or to the department during an official investigation;
(h) Impersonate any federal, state, county, city and county, or municipal official or inspector;
(i) Aid or abet another in any violation of this article or of any rule promulgated pursuant thereto;
(j) Hunt alternative livestock without first obtaining a hunter education certificate pursuant to section 33-6-107 (8), C.R.S.; or
(k) Ship any alternative livestock other than those described in the certificate provided by the brand inspector inspecting such alternative livestock or to remove any alternative livestock and to substitute another without the knowledge of the brand inspector.
(2) It is unlawful and a violation of this article for any alternative livestock farm to:
(a) Import or possess for the purpose of selling, trading, giving, or otherwise transferring any alternative livestock without having said alternative livestock inspected in accordance with this article; except that this paragraph (a) shall not apply to alternative livestock sold, traded, given, or transferred by an operating zoological park as defined by the parks and wildlife commission or research institution using such animals for scientific research, if the park or institution otherwise complies with this article and all rules promulgated pursuant thereto;
(b) Sell any alternative livestock in, by, to, or from any unlicensed alternative livestock farm;
(c) Sell any alternative livestock in, by, to, or from any alternative livestock farm unless such alternative livestock has been inspected in accordance with this article;
(d) Refuse to permit entry or inspection in accordance with section 35-41.5-110;
(e) Sell, offer for sale, barter, exchange, or otherwise transfer red deer or red deer hybrids within the state of Colorado;
(f) Allow a license issued pursuant to this article to be used by an unlicensed person; or
(g) Make any misrepresentation or false promise, through advertisements, employees, agents, or otherwise, in connection with the business operations licensed pursuant to this article or for which an application for a license is pending.
C.R.S. § 35-41.5-110 Inspections - investigations - access - subpoena
35-41.5-110. Inspections - investigations - access - subpoena. (1) The board, upon its own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article.
(2) (a) Appropriate division of parks and wildlife personnel may accompany the board on any inspection and may request an inspection of any licensed alternative livestock farm.
(b) The board shall perform any such requested inspection within seventy-two hours after receipt of such request, excluding weekends and legal holidays.
(c) If the board is unable to perform any such requested inspection within seventy-two hours after receipt of such request, excluding weekends and legal holidays, the division of parks and wildlife shall be authorized to perform such requested inspection.
(d) The actual cost for, plus mileage for, any inspection requested by the division of parks and wildlife shall be paid for by the division of parks and wildlife.
(3) Complaints of record made to the board and the results of the board's investigations may, in the discretion of the board, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on the person in interest.
(4) For purposes of carrying out the provisions of this article and rules promulgated pursuant thereto, at any reasonable time during regular business hours, the board shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant to:
(a) All buildings, yards, pens, pastures, and other areas in which any alternative livestock is kept, handled, or transported; and
(b) All records required to be kept and to make copies of such records.
(5) (a) The board shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses and the production of books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.
(b) Upon failure or refusal of any witness to obey any subpoena, the board may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
(6) As part of any inspection for the licensing or renewal of an alternative livestock farm, any change of ownership of any alternative livestock, and any movement of alternative livestock, the board shall require:
(a) Proof that the alternative livestock farm has maintained the purity of the alternative livestock herds by preventing the introduction of red deer or hybrid nonnative species either by the importation of untested live animals, gametes, eggs, sperm, or other genetic material into alternative livestock herds in Colorado;
(b) Proof that each alternative livestock animal originates from a legal source; and
(c) Records to be kept and animals to be marked so as to identify individual animals.
C.R.S. § 35-41.5-111 Escaped alternative livestock
35-41.5-111. Escaped alternative livestock. (1) Any alternative livestock not recovered by its licensed owner within seventy-two hours after escape shall be reported to the division of parks and wildlife in such manner as required by the division of parks and wildlife.
(2) Any escaped alternative livestock killed by a licensed hunter in a manner which otherwise complies with title 33, C.R.S., and any rules promulgated pursuant thereto, shall be deemed a legal killing and neither the licensed hunter, the department, nor the division of parks and wildlife shall be liable to the owner for such killing.
C.R.S. § 35-41.5-112 Enforcement
35-41.5-112. Enforcement. (1) The board or its designee shall enforce the provisions of this article.
(2) (a) If the board has reasonable cause to believe a violation of any provision of this article or any rule adopted pursuant to this article has occurred and immediate enforcement is deemed necessary, it may issue a cease-and-desist order, which shall require a person to cease violating any provision of this article or any rule promulgated pursuant to this article.
(b) A cease-and-desist order shall set forth the provisions alleged to have been violated, the facts constituting the violation, and the requirement that all violating actions immediately cease.
(c) (I) At any time after service of the order to cease and desist, the person for whom such order was served may request, at such person's discretion, a prompt hearing to determine whether or not such violation has occurred.
(II) A hearing held pursuant to this paragraph (c) shall be conducted in conformance with the provisions of article 4 of title 24, C.R.S., and shall be determined promptly.
(3) If the board possesses sufficient evidence to indicate that a person has engaged in any act or practice constituting a violation of this article or of any rule adopted under this article, the board may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the board shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. The court shall not require the board to post a bond.
C.R.S. § 35-41.5-113 Disciplinary actions - denial of license
35-41.5-113. Disciplinary actions - denial of license. (1) The board, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any license authorized under this article if the applicant or licensee has:
(a) Refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the board;
(b) Had an equivalent license denied, revoked, or suspended by any authority;
(c) Refused to provide the board with reasonable, complete, and accurate information regarding any alternative livestock when requested by the board;
(d) Falsified any information requested by the board;
(e) Been convicted of stealing live big game wildlife; or
(f) Had a license issued pursuant to 33-1-106, C.R.S., revoked.
(2) In any proceeding held under this section, the board may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
C.R.S. § 35-41.5-114 Civil penalties
35-41.5-114. Civil penalties. (1) Any person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the board. The maximum penalty shall not exceed one thousand dollars per violation.
(2) No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
(3) If the board is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the board, the board may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(4) Before imposing any civil penalty, the board may consider the effect of such penalty on the ability of the person charged to stay in business.
C.R.S. § 35-41.5-115 Criminal penalties
35-41.5-115. Criminal penalties. Any person who violates any of the provisions of section 35-41.5-109 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 (1).
C.R.S. § 35-41.5-116 Alternative livestock farm cash fund - creation - fees
35-41.5-116. Alternative livestock farm cash fund - creation - fees. All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer who shall credit the same to the alternative livestock farm cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall be a part of this fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. The general assembly shall make annual appropriations from such fund to the department to carry out the purposes of this article. The board is authorized to expend a maximum of three and six-tenths percent, or actual costs, whichever is less, of the base appropriation allocated to the brand inspection division to offset the indirect costs of the board.
C.R.S. § 35-41.5-117 Disposition of alternative livestock taken by officer
35-41.5-117. Disposition of alternative livestock taken by officer. (1) (a) An inspector shall declare an alternative livestock is an estray, as defined in section 35-44-101, if during an inspection of the alternative livestock prior to shipment or removal from the state the inspector finds an alternative livestock bearing marks, identification tags, or brands different from those of the owner of the other alternative livestock in the shipment and the owner or shipper fails to exhibit a bill of sale or other authority for the possession of the alternative livestock.
(b) Upon declaring an alternative livestock an estray, a brand inspector shall take possession of the alternative livestock on behalf of the board and shall dispose of such alternative livestock in accordance with article 44 of this title and any rules promulgated thereto.
(2) Any person satisfying the board that such person is the owner of an estray alternative livestock that has been disposed of pursuant to paragraph (b) of subsection (1) of this section shall be forthwith paid the amount for which the alternative livestock was sold less any reasonable and necessary expenses.
(3) (a) All moneys in the estray fund created in section 35-41-102 derived from the disposal of estray alternative livestock by the board pursuant to paragraph (b) of subsection (1) of this section, that have been in the estray fund for six years or longer and for which no valid claim has been made, shall be credited to the brand inspection fund created in section 35-41-102.
(b) Any claim for moneys in the estray fund made by the owner of an alternative livestock sold as an estray pursuant to paragraph (b) of subsection (1) of this section shall be made within three years from the date of the sale of such estray alternative livestock or such claim shall be forever barred.
(4) A brand inspector shall refuse to issue a certificate authorizing the transport of alternative livestock or the carcasses thereof and shall seize the same if:
(a) The person in control of the alternative livestock or the carcasses thereof is not in possession of a duly executed bill of sale;
(b) The person in control of the alternative livestock or the carcasses thereof cannot furnish other satisfactory proof that such person is the lawful owner of the alternative livestock or the carcasses thereof; or
(c) The inspector has good reason to believe that the alternative livestock or the carcasses thereof are stolen.
(5) (a) A brand inspector or peace officer, as described in section 16-2.5-101, C.R.S., is authorized to stop and inspect any vehicle transporting or containing alternative livestock or the carcasses thereof.
(b) A brand inspector or peace officer may demand to see a bill of sale, permit, or certificate for the alternative livestock or the carcasses thereof from the person operating the vehicle.
(c) If the operator of the vehicle is unable to produce a bill of sale, permit, or certificate, the inspector or peace officer is authorized to:
(I) Arrest, with or without warrant, the vehicle operator;
(II) Seize the vehicle and the alternative livestock or carcasses thereof; and
(III) Retain possession of the vehicle and the alternative livestock or the carcasses thereof until:
(A) The vehicle operator can produce evidence satisfactory to the board that the vehicle operator or the person for whom the alternative livestock is being transported is the lawful owner thereof; or
(B) The alternative livestock, or the carcasses thereof, are disposed of pursuant to paragraph (b) of subsection (1) or subsection (6) of this section.
tive livestock or the carcasses thereof until:
(A) The vehicle operator can produce evidence satisfactory to the board that the vehicle operator or the person for whom the alternative livestock is being transported is the lawful owner thereof; or
(B) The alternative livestock, or the carcasses thereof, are disposed of pursuant to paragraph (b) of subsection (1) or subsection (6) of this section.
(d) After a vehicle seized pursuant to paragraph (c) of this subsection (5) has been unloaded by the brand inspector or peace officer at the site where the seized livestock or carcasses are being held, such vehicle shall be made available for return to the owner of such vehicle.
(6) If a brand inspector or peace officer deems it necessary to sell carcasses taken pursuant to subsection (5) of this section to prevent loss by spoiling, the brand inspector or peace officer is authorized to do so. The proceeds from the sale of the carcasses shall be credited to the estray fund created in section 35-41-102.
(7) (a) If within ten days after alternative livestock or the carcasses thereof have been seized:
(I) The ownership of such alternative livestock or carcasses is shown and established, the alternative livestock, the carcasses thereof, or the proceeds from the sale of the alternative livestock or the carcasses thereof shall be delivered to the owner; or
(II) The ownership of such alternative livestock or the carcasses thereof is not shown and established, the alternative livestock or the carcasses thereof shall be disposed of pursuant to paragraph (b) of subsection (1) of this section.
(b) Any moneys derived from the sale of alternative livestock or the carcasses thereof shall be credited to the estray fund created in section 35-41-102.
(c) The facts concerning the detention and sale of any alternative livestock or the carcasses thereof shall be reported to the district attorney of the judicial district in which such alternative livestock or carcasses were detained and sold.
(8) Unless alternative livestock required to be inspected pursuant to this article are released by a brand inspector, such alternative livestock shall be inspected by a duly authorized brand inspector on arrival at any market, regardless of whether the alternative livestock has been previously inspected at the point of origin, before such alternative livestock are weighed.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-35.docxFetched: 10/6/2026