(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.
(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.