(1) Bovine
livestock. (a) The board is hereby authorized to levy and collect, through
authorized brand inspectors, a per-head inspection fee in an amount determined by
the board by rule on all bovine livestock inspected; except that the charges for
livestock shipped directly to a licensed slaughter plant are as follows: For the first
five hundred head per owner per certificate, two cents below the set inspection fee,
and for over five hundred head per owner per certificate, five cents below the set
inspection fee. Such sliding scale charges shall take effect at such time as the set
inspection fee exceeds thirty-four cents. The inspection fee established pursuant to
this paragraph (a) shall apply when any bovine livestock are being consigned to a
Colorado-licensed public livestock market.
(b) In addition, the board is authorized to levy and collect, through authorized
brand inspectors, a minimum fee in an amount determined by the board by rule from
each person, company, or corporation requesting the brand inspection or from
whom a brand inspection is required by law; except that, when cattle that are
owned by more than one person are inspected at one site, only one such minimum
fee shall be collected. The minimum fee shall be due and payable to the inspector
when the inspector arrives at the designated inspection point, whether or not an
inspection of the livestock actually takes place.
(1.5) Equine livestock. (a) The board is hereby authorized to levy and collect,
through authorized brand inspectors, a per-head inspection fee in an amount
determined by the board by rule on all equine livestock inspected. The inspection
fee established pursuant to this paragraph (a) shall apply when any equine
livestock are being consigned to a Colorado-licensed public livestock market.
(b) In addition, the board is authorized to levy and collect, through authorized
brand inspectors, a minimum fee in an amount determined by the board by rule from
each person, company, or corporation requesting the brand inspection or from
whom a brand inspection is required by law. The minimum fee shall be due and
payable to the inspector when the inspector arrives at the designated inspection
point, whether or not an inspection of the livestock actually takes place.
(2) It is the duty of all authorized Colorado brand inspectors to inspect all
livestock, except such as are exempt by law, that are offered for sale or to be
moved interstate or intrastate and to collect the fees established pursuant to
subsections (1) and (1.5) of this section. The board shall determine the amount of the
fees that shall be collected by authorized brand inspectors from the owner or
person in charge of said livestock before issuing a certificate of brand inspection
granting leave to the owner or person in charge to offer the brand inspected
livestock for sale or movement interstate or intrastate. The fees so collected shall
be reported and transmitted to the board at such time and in such manner as the
board shall by rule require.
(3) Inspection fees as authorized in subsections (1) and (1.5) of this section
shall be collected by brand inspectors from the owners or persons in charge of said
livestock before issuing any certificate when:
(a) Brand inspection is required by law;
(b) Livestock are being consigned for sale at a Colorado licensed public
livestock market in accordance with section 35-55-112;
(c) Livestock are consigned for slaughter to a custom meat processor
licensed by the Colorado department of agriculture or a packing plant licensed by
the United States department of agriculture;
(d) Livestock are offered for sale in accordance with section 35-53-105;
(e) Livestock are moved within Colorado or to another state, except as
exempted by law;
(f) Livestock are being moved from pasture before being placed in a feedlot,
in accordance with section 35-53-125.
(4) Minimum fee when inspection required by law - bovine livestock. A
minimum fee in an amount determined by the board by rule shall be collected from
each person, company, or corporation requesting the brand inspection or from
whom a brand inspection is required by law; except that, when bovine livestock
owned by more than one person are inspected at one site, only one minimum fee
shall be collected. No minimum fee shall be required when bovine livestock are
consigned for sale at a Colorado-licensed public livestock market.
(4.5) Minimum fee when inspection required by law - equine livestock. A
minimum fee in an amount determined by the board by rule shall be collected from
each person, company, or corporation requesting the brand inspection or from
whom a brand inspection is required by law. No minimum fee shall be required when
equine livestock are consigned for sale at a Colorado-licensed public livestock
market.
(5) In addition to the brand inspection fee, a Colorado beef board fee up to
and not in excess of one dollar per head or the amount assessed pursuant to the
beef promotion and research order, 7 CFR 1260.172, as amended, whichever is
greater, shall be collected on cattle and calves as a part of the brand inspection
made on such animals under the same authority, at the same time and place, in the
same manner, and upon the same animals which are subject to brand inspection and
a brand inspection fee, except:
(a) When cattle and calves are being moved in excess of seventy-five land
miles within the state for grazing purposes if no change in ownership is involved; or
(b) When any unbranded or freshly branded calves are inspected with their
mothers as provided in section 35-43-129 and no change in ownership is involved;
or
(c) When cattle are placed in a feedlot with no change in ownership, or when
rodeo competition cattle are inspected at the headquarters ranch before the
beginning of rodeo season and the cattle will not leave the state.
(6) In the case of unbranded or freshly branded calves inspected with their
mothers in compliance with section 35-43-129, in addition to the inspection fee for
each calf inspected, mileage expense allowed by section 35-43-129 shall also be
collected.
(7) An inspection fee in an amount determined by the board by rule shall be
collected for each hide inspected as provided in section 35-53-115.
(8) The board shall determine, and publish in its rules, which inspection fees
can be carried on an accounts receivable basis. No such account shall be carried for
a period that exceeds one month.
(9) The board shall have the authority to impose a mileage charge when
brand inspection is required for investigations of estrays, investigations of theft,
and other duties deemed necessary by statute or the board. The charge per mile
shall be the amount allowed state officers and employees pursuant to section 24-9-104, C.R.S.
(10) In addition to the brand inspection fee authorized by this section, the
assessment determined by the board of directors of the Colorado horse
development authority pursuant to section 35-57.8-109 shall be collected on
horses as a part of the brand inspection made on horses under the same authority,
at the same time and place, in the same manner, and on the same horses that are
subject to brand inspection and brand inspection fees.
(11) Any rule adopted by the board to determine the amount of a fee
authorized by this title shall be subject to article 4 of title 24, C.R.S.; except that:
(a) The board shall provide the livestock industry with thirty days' notice of
any fee change proposal and of the date and location of an informational meeting
at which the changes shall be discussed;
(b) At or after the next regularly scheduled board meeting after such
informational meeting, the board may set the fees; and
(c) The fee change shall take effect at least ninety days after the board sets
the fees.