§ 35-50-105 — Powers and duties of the commissioner

Colorado § 35-50-105

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Livestock Health Act

Text

(1) The commissioner is
responsible for regulation related to livestock disease or other livestock
emergencies among or affecting livestock in the state.

(2) The commissioner is authorized to administer and enforce the provisions
of, and any rules adopted pursuant to, this article.

(3) The commissioner may adopt, subject to the commission's approval, all
reasonable rules for the administration and enforcement of this article including,
but not limited to:

(a) A designation of livestock diseases to be diagnosed, controlled, or
eradicated;

(b) A designation of livestock diseases to be reported to the state
veterinarian;

(c) The health standards for importation of livestock into the state;

(d) The standards and requirements for livestock health certificates;

(e) The standards and requirements for pet animal health certificates, as
such certificates may be required pursuant to section 35-50-112 (2);

(f) The standards and requirements for testing livestock for infectious or
contagious diseases;

(g) The standards and requirements for vaccinating livestock against
infectious or contagious diseases;

(h) The standards and requirements for surveillance, testing, or
implementation of disease control or other sanitary measures to prevent the spread
of infectious or contagious livestock diseases;

(i) The standards and requirements for the disinfection of premises to
prevent the spread of infectious or contagious livestock diseases;

(j) The standards and requirements for identification and traceability of
livestock;

(k) The standards and requirements for euthanasia of livestock to prevent
the spread of infectious or contagious livestock diseases;

(l) The standards and requirements for disposal of livestock carcasses;

(m) The standards and requirements in preparation for, response to, or
recovery from livestock disease or disaster;

(n) The form and manner of disease reporting, as required by section 35-50-108;

(o) Establishment of state emergency preparedness plans related to
livestock health;

(p) The standards and requirements for prevention of diseases in livestock;
and

(q) Livestock disease prevention by the state veterinarian.

(4) The commissioner may conduct hearings required under sections 35-50-117 and 35-50-118 pursuant to article 4 of title 24, C.R.S., and may use
administrative law judges to conduct such hearings when their use would result in a
net saving of costs to the department.

(5) The commissioner may hold hearings, administer oaths, subpoena
witnesses, and take testimony in all matters relating to the exercise and
performance of the powers and duties of the commissioner. Upon failure or refusal
of a witness to obey any subpoena, the commissioner may petition the district court,
and, upon proper showing, the court may order a witness to appear and testify or
produce documentary evidence. Failure to obey the order of the court shall be
punishable as contempt of court.

(6) The commissioner may enter into cooperative agreements with any
agency or political subdivision of this state or any other state or with any agency of
the United States government for the purpose of carrying out the provisions of this
article, receiving grants-in-aid, and securing uniformity of rules and regulations.
This cooperative agreement may extend to the testing, condemnation, appraising,
paying of indemnities, and other like purposes regarding animal disease control, as
the commissioner and appropriate division of the United States department of
agriculture may agree upon. When such agreement is effected, the veterinary
inspectors of such division, working in cooperation with the commission, have the
same power to enforce the provisions of this article as an assistant or
commissioned state veterinarian. The legal authorities of any county or municipality
in which the state or federal authorities take up the work of infectious or
contagious disease control or eradication may appropriate, for aiding in such work,
such sums as such authorities may deem adequate and necessary.

(7) The commissioner, alone or in cooperation with other agencies of the
state or the federal government, may disseminate information by publication or
undertake other educational efforts pertaining to livestock disease diagnosis,
control, or eradication and livestock emergency preparedness.

(8) The powers and duties vested in the commissioner by this article may be
delegated to qualified employees of the department.

Legislative History

Source: L. 2005: Entire article R&RE, p. 449, � 1, effective December 1.