8 Colo. Code Regs. § 1205-2, pt. 1

Current through Register Vol. 47, No. 20, October 25, 2024

Part 1 - Definition and construction of terms

As used in these Rules, unless the context otherwise requires:

As used in these Rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these Rules shall have the meaning set forth for such terms in the Act.

1.1. "Accredited veterinarian" means an individual who is currently licensed and in good standing with a veterinary licensing board or agency in any state of the United States or the District of Columbia to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

1.2. "Act" means the Alternative Livestock Act, Title 35, Article 41.5, C. R. S.

1.3. "Alternative livestock" shall have the meaning set forth at § 35-41.5-102(1), C.R.S.

1.4. "Alternative livestock auction" means any place, establishment, or facility at which alternative livestock are received, held, or assembled for either public or private sale.

1.5. "Alternative livestock facility" means any real property licensed by the Board pursuant to §§ 35-41.5-104, 106 and 107, C.R.S.

1.6. "Animal and Plant Health Inspection Services (APHIS)" means the agency in the United States Department of Agriculture known as the Animal and Plant Health Inspection Services.

1.7. "Applicant" means a person that applies for an alternative livestock license or renewal of an alternative livestock license under the Act.

1.8. "Board" means the State Board of Stock Inspection Commissioners.

1.9. "Buyer" means the person purchasing alternative livestock. The buyer may, or may not be, the same as the purchaser.

1.10. "Cervid" means deer, moose or elk.

1.11. "Change of ownership" means when title to a live alternative livestock animal changes between persons.

1.12. "Chronic Wasting Disease (CWD)" means a transmissible spongiform encephalopathy of fallow deer and elk.

1.13. "CPW" means Colorado Parks and Wildlife.

1.14. "CWD Surveillance Status" means the period of time in months during which an alternative livestock facility has submitted brain specimens from all alternative livestock mortalities 12 months of age and older, regardless of cause, and when all such tests have proven negative for CWD, and when all external alternative livestock additions to the herd originated from a herd with equal or higher CWD Surveillance Status.

1.15. "Consignor" means the person that sends or delivers alternative livestock to the auction to be sold.

1.16. "Herd plan" means a plan approved by the Commissioner of the Colorado Department of Agriculture and the Director of CPW to replace a quarantine previously issued by the State Veterinarian to an alternative livestock facility that has tested positive for the presence of CWD. A herd plan sets forth how the herd and the facility must be managed to minimize the spread of CWD infection.

1.17. "NUES" means United States Department of Agriculture National Uniform Eartagging System.

1.18. "Person" means an individual or any legal entity that is registered to do business in Colorado.

1.19. "Purchase invoice" means the bill of sale issued by a licensed auction market which contains the information required in Part 12 of this Rule.

1.20. "Purchaser" means the person that has obtained title to alternative livestock by making payment for same with cash or an instrument which was honored when presented.

1.21. "Raised" as used in § 35-41.5-104 of the Act means any possession of alternative livestock for any purpose.

1.22. "Second barrier" means a fence or restraint in addition to the 8-foot perimeter fence designed in such a way as to provide additional protection against ingress and egress of alternative livestock and wild cervids and nose to nose contact, as approved by the Board.

1.23. "Seller" means the person that transfers legal title to alternative livestock.

1.24. "Separate location" as used in the Act means any facility located within a separate perimeter fence not connected to another perimeter.

1.25. "State Veterinarian" means the veterinarian designated by the Commissioner of the Colorado Department of Agriculture as the Director of the Division of Animal Health, Colorado Department of Agriculture.

1.26. "Transmissible Spongiform Encephalopathy (TSE)" means a disease of animals which is thought to be caused by an abnormal prion protein which accumulates in the brain and lymphoid tissue causing sponge-like lesions in the brain.

1.27. "Wild cervid" means species of the cervidae family indigenous to Colorado excluding captive animals of the same species held as alternative livestock for exhibition or research.

8 CCR 1205-2, pt. 1

39 CR 01, January 10, 2016, effective 1/30/2016