8 Colo. Code Regs. § 1201-17, pt. 3

Current through Register Vol. 47, No. 22, November 25, 2024

Part 3 - Requirements for Movement of Alternative Livestock

3.1 Interstate Movements- Imports

3.1.1. Prior to importation of alternative livestock, whether by the importation of live animals, gametes, eggs, sperm, or other genetic material, into the State of Colorado, the importing party must obtain a CVI from an Accredited Veterinarian and an import permit from the Colorado State Veterinarian's office. Said CVI shall require that the alternative livestock meet genetic purity requirements as established by the Parks and Wildlife Commission.

3.1.2. All alternative livestock imported into Colorado must be examined by an accredited veterinarian prior to importation and must be accompanied by a valid CVI issued pursuant to § 35-50-102, C.R.S., certifying disease free status.

3.1.2.1. Minimum specific disease testing results and/or health statements must be included on the CVI.

3.1.3. All alternative livestock imported into Colorado must be tagged with an official identification device and a bangle or ranch tag to identify ownership.

3.1.4. Any alternative livestock imported into Colorado must originate from a herd determined to be tuberculosis monitored, qualified or accredited under the official Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 1, 1999, as amended by VS Bulletin 2018.02, "Animal Additions to Tuberculosis (TB)-Accredited Cervid Herds," ("UM&R") as approved by the USDA, APHIS (US Federal Building, Room 729, Hyattsville, MD 20782), and must have been a part of said herd not less than 12 months prior to import into Colorado, unless the animal is a natural born addition. Otherwise, all importation of alternative livestock into Colorado from out of state requires compliance with the Bovine Tuberculosis Eradication Uniform Methods and Rules and VS Bulletin 2018.02, "Animal Additions to Tuberculosis (TB)-Accredited Cervid Herds." Certified copies of the UM&R and VS Bulletin 2018.02 are available for public inspection and copies may be obtained or examined by contacting the Colorado State Veterinarian at the Colorado State Veterinarian's Office, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021 during regular business hours. Further, the incorporated material may be examined at any state publications depository library or online at http://www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/downloads/bovtbumr.pdf (for the UM&R) and at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fww w.aphis.usda.gov%2Fanimal_health%2Fanimal_diseases%2Ftuberculosis%2Fdownload s%2Fcervid-tb-additions.pdf&clen=128499&chunk=true (for the VS Bulletin). This bulletin indicates that it supplements the 1999 UM&R that have been adopted by the Director of the Federal Register and incorporated by reference into 9 CFR Part 77 . No later amendments or additions to or editions of the Bovine Tuberculosis Eradication Uniform Methods and Rules are incorporated into this Rule.

3.1.4.1. However, testing of herds shall include all cervidae 12 months of age and over, and any animals under 12 months of age that are not natural additions to the herd.

3.1.5. All alternative livestock must be tested and found to be negative for any diseases as specified by the State Veterinarian prior to importation into Colorado.

3.1.6. If the State Veterinarian determines the need for quarantine, imported alternative livestock must be quarantined on arrival at an alternative livestock farm as specified by the State Veterinarian.

3.1.7. Movement of all domesticated elk imported into the State of Colorado must be from a herd that has CWD Surveillance Status of at least 60 months.

3.1.7.1. Acceptable surveillance shall include:

3.1.7.1.1. Brain tissue, retropharyngeal lymph nodes, and any other tissue or appropriate sample must be submitted for all mortalities 12 months of age and older, regardless of cause of death, to a laboratory approved by the State Veterinarian conducting generally accepted tests to determine whether the cervid was infected with CWD; unless the USDA testing requirement is lower than 12 months of age, in which case the USDA requirement applies;

3.1.7.1.2. Official animal identification device and source-herd premises information on all animals imported and in the herd of origin;

3.1.7.1.3. At least an annual inventory of all animals, including mortalities and imports, that is verified by an accredited veterinarian, state, or federal animal health official;

3.1.7.1.4. Documentation that confirms that all mortalities have been submitted for CWD testing, including the laboratory reports of test results, which must be provided to the Colorado State Veterinarian's office, along with a reconciled death and sold inventory for the herd of origin. In addition, a statement by the exporting state's animal health officials or accredited veterinarian attesting that the herd of origin has met these requirements must be submitted.

3.1.7.1.5. If any animal or animals remain untested or unaccounted for or cause of death is otherwise unknown or in question, CPW and CDA will evaluate the associated risk when reviewing movement requests, taking into consideration the possibility of predation, theft, or other relevant factors.

3.1.8 All import requests must be accompanied by a statement or certificate by the exporting state's animal health official attesting that the herd of origin is Herd Certification Program (HCP) certified.

3.1.9. When all required surveillance documents have been received, the State Veterinarian shall forward all documents to CPW for review and approval that the herd meets the minimum import requirements for CWD surveillance. The State Veterinarian and CPW shall have 5 business days to review all necessary surveillance documents

3.1.10. The Department will only issue a permit number if the destination farm is licensed as an alternative livestock farm by the State Board of Stock Inspection Commissioners or as a captive wildlife facility licensed by CPW and all requirements of Part 3.1., including any sub-parts, of these rules have been met. No importation permit may be issued prior to authorization from CPW.

3.2. Interstate Movements- Exports

3.2.1 All alternative livestock exported from Colorado must be from a herd that is part of the voluntary herd certification program, must comply with the "UM&R", which publication is incorporated into these rules in Part 3.1.4., and comply with the state of destination's regulations.

3.3. Intrastate Movement

3.3.1. Prior approval is required for all movement of alternative livestock within the state; after determination by CPW and CDA that the movement does not present a substantial risk of spreading CWD, based on the location of the source and receiving farms, presence of CWD in the wild in proximity to the farms, length of surveillance at the source farm, and other relevant factors. Provided, however, that if the receiving farm's CWD surveillance Status is higher than the source farm's CWD Surveillance Status, the receiving farm shall assume and have the lower CWD Surveillance Status.

3.3.2. Upon receipt of any request to move alternative livestock within the state, the State Veterinarian shall forward the request and all necessary documentation, including, but not limited to, the CWD surveillance Status records for the farms involved, to CPW for review and approval. The State Veterinarian and CPW shall have 5 business days to review all necessary surveillance documents

3.3.3. No evaluation of determination of CWD risk is required for alternative livestock shipped directly to slaughter or to a biosecure farm approved by CPW and CDA.

3.4. When the Commissioner has reasonable grounds to believe that a violation of this Part 3 has occurred, the Commissioner may quarantine, both the source, if an in-state farm, and the receiving alternative livestock farms. In addition, the State Veterinarian may reduce the CWD Surveillance Status as deemed appropriate, including reducing the status to zero (0) months. The State Veterinarian may take into account mitigating circumstances when determining other penalties. Egregious violations may result in revocation of the alternative livestock license after appropriate hearing before the State Board of Stock Inspection Commissioners.

8 CCR 1201-17, pt. 3

38 CR 23, December 10, 2015, effective 12/31/2015

40 CR 09, May 10, 2017, effective 5/30/2017

45 CR 10, May 25, 2022, effective 6/15/2022