8 Colo. Code Regs. § 1201-19, pt. 14

Current through Register Vol. 47, No. 19, October 10, 2024
Part 14 - [Effective until 12/27/2024] Emergency Rules for the Control of Highly Pathogenic Avian Influenza (HPAI) in Dairy Cattle
14.1. Introduction

The State Veterinarian, as designee of the Commissioner of Agriculture, has concluded that HPAI H5N1 clade 2.3.4.4b genotype B3.13 has been detected in dairy cattle in thirteen US states, including Colorado. As of August 14, 2024, Colorado has had 64 dairies affected with HPAI which represents approximately 75% of Colorado's licensed dairy cow facilities. In July 2024, this outbreak led to spillover to three commercial poultry facilities resulting in the death and depopulation of 3.3 million domestic chickens in Colorado, which represents more than 65% of Colorado's table egg laying hen population. HPAI is a communicable disease known to infect poultry and waterfowl, both domestic and wild, with occasional spillover to mammals including dairy cattle. Further, HPAI may be zoonotic, representing a threat to humans who may come into contact with its pathogens. HPAI is a reportable animal disease in the state of Colorado in any species.

HPAI is a communicable disease known to infect poultry and waterfowl, both domestic and wild, with occasional spillover to mammals including dairy cattle. Further, HPAI may be zoonotic, representing a threat to humans who may come into contact with its pathogens. HPAI is a reportable animal disease in the state of Colorado in any species. HPAI has also been positively identified in the state of Colorado in both poultry and dairy cattle. This emergency rule will protect the health, safety, and welfare of Colorado's poultry and livestock industries and of Colorado's residents by limiting the opportunity for the spread of HPAI in Colorado.

On April 24, 2024, the Animal and Plant Health Inspection Services (APHIS), United States Department of Agriculture, issued a federal order (Federal order Requiring Testing for and Reporting of Highly Pathogenic Avian Influenza (HPAI) in Livestock) to prevent the spread of HPAI, which order (issued April 24, 2024) is incorporated herein by reference, later amendments of editions not included. This incorporated material may be obtained at a reasonable charge or examined by contacting the Animal Health Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: https://www.aphis.usda.gov/sites/default/files/dairy-federal-order.pdf.

This emergency rule will protect the health, safety, and welfare of Colorado's poultry and livestock industries and of Colorado's residents by limiting the opportunity for the spread of HPAI in Colorado.

14.2. Emergency Implementation of Disease Control to Prevent the Spread of HPAI
14.2.1. Definitions
14.2.1.1. "Dairy Cattle" means all cattle used for the primary purpose of milk production including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, Milking Shorthorn, and Red and Whites.
14.2.1.2. "Lactating Dairy Cattle" means female dairy cattle currently in one of the lactation phases (i.e., early, mid, and late) of their current production cycle.
14.2.2. Implementation. As of the date of this emergency rule, the following testing protocols are mandatory.
14.2.2.1. Prior to interstate movement, lactating dairy cattle are required to receive a negative test for Influenza A virus at an approved National Animal Health Laboratory Network (NAHLN) laboratory.
14.2.2.1.1. This sample must be collected by an accredited veterinarian, a state-licensed veterinarian, or a sample collector approved by the appropriate state animal health official.
14.2.2.1.2. Sample collection and testing must take place no more than seven (7) days prior to interstate movement.
14.2.2.1.3. The lactation status and negative test results for any lactating dairy cattle must be recorded on the Certificate of Veterinary Inspection.
14.2.2.1.4. For groups/lots of 30 or fewer animals moving interstate, all animals being moved must be tested. If more than 30 animals are moving interstate, then only 30 animals total must be tested.
14.2.2.2. Nonclinical, lactating dairy cattle moving interstate directly to slaughter do not need a pre-movement test but must move on a CVI or other documentation of movement approved by the sending and receiving state animal health officials and provided to the sending and receiving state animal health officials.
14.2.2.3. Clinically affected lactating dairy cattle or lactating dairy cattle from herds that test positive for HPAI will be placed under quarantine and are ineligible for interstate movement.
14.2.2.4. Owners of herds in which dairy cattle test positive for HPAI are required to provide epidemiological information, including animal movement tracing, to state animal health officials and USDA.
14.2.2.5. Testing for HPAI in cattle may only be completed at a National Animal Health Laboratory Network (NAHLN) laboratory. Any positive result must be reported to the State Veterinarian's Office.
14.3. Violation of This Emergency Rule
14.3.1. Any violation of this rule may result in referral to the Colorado Office of the Attorney General or the local district attorney and subject the violator to penalties, including civil penalty, criminal prosecution, or enforcement through the state's district courts (or any combination thereof).

8 CCR 1201-19, pt. 14

37 CR 23, December 10, 2014, effective 12/30/2014
39 CR 13, July 10, 2016, effective 7/30/2016
40 CR 23, December 10, 2017, effective 12/30/2017
44 CR 10, May 25, 2021, effective 6/15/2021
46 CR 15, August 10, 2023, effective 9/15/2023
47 CR 11, June 10, 2024, effective 4/30/2024, exp. 8/28/2024 (Emergency)
47 CR 19, October 10, 2024, effective 8/29/2024, exp. 12/27/2024 (Emergency)