(1) As used in this section, unless the context otherwise requires:
(a) Exhibition means a show or sale of livestock at a fair or elsewhere in
this state that is sponsored by or under the authority of the state or any unit of local
government or any agricultural, horticultural, or livestock society, association, or
corporation.
(b) Livestock means any domestic animal generally used for food or in the
production of food, including, but not limited to, cattle, sheep, goats, poultry, swine,
or llamas.
(c) Sabotage means intentionally tampering with an animal belonging to or
owned by another person that has been registered, entered, or exhibited in any
exhibition or raised for the apparent purpose of being entered in an exhibition.
(d) (I) Tamper means any of the following:
(A) Treatment of livestock in such a manner that food derived from the
livestock would be considered adulterated under the Colorado Food and Drug
Act, part 4 of article 5 of title 25, C.R.S.;
(B) The injection, use, or administration of any drug that is prohibited by any
federal, state, or local law or any drug that is used in a manner prohibited by federal
law or the law of this state or any locality thereof;
(C) The injection or other internal or external administration of any product
or material, whether gas, solid, or liquid, to an animal for the purposes of deception,
including concealing, enhancing, or transforming the true conformation,
configuration, color, breed, condition, or age of the animal or making the animal
appear more sound than the animal would appear otherwise;
(D) The use or administration for cosmetic purposes of steroids, growth
stimulants, or internal artificial filling, including paraffin, silicone injection, or any
other substance;
(E) The use or application of any drug or feed additive affecting the central
nervous system of the animal;
(F) The use or administration of diuretics for cosmetic purposes;
(G) The manipulation or removal of tissue, by surgery or otherwise, so as to
change, transform, or enhance the true conformation or configuration of the animal;
(H) Subjecting the animal to inhumane conditions or procedures for the
purpose of concealing, enhancing, or transforming the true conformation,
configuration, condition, or age of the animal or making the animal appear more
sound than the animal would appear otherwise;
(I) Attaching to the animal’s hide foreign objects, including hair or hair
substitutes, cloth, and fibers, for the purpose of deception, including concealing,
enhancing, or transforming the true conformation, configuration, color, breed,
condition, or age of the animal or making the animal appear more sound than the
animal would appear otherwise;
(J) Substituting a different animal for the animal registered or entered in the
exhibition without the permission of a responsible official of the exhibition.
(II) Tamper does not include any action taken or activity performed or
administered by a licensed veterinarian or in accordance with instructions of a
licensed veterinarian if the action or activity was undertaken for accepted medical
purposes during the course of a valid veterinarian-client-patient relationship or any
action taken as part of accepted grooming, ranching, commercial, or medical
practices. Tampering shall not be construed to include normal ranching practices.
(2) (a) No person shall commit any act in this state that would constitute
tampering with or sabotaging any livestock that has been registered, entered, or
exhibited in any exhibition in this state.
(b) No person shall administer, dispense, distribute, manufacture, possess,
sell, or use any drug to or for livestock unless such drug is approved by the United
States food and drug administration or the United States department of
agriculture; except that, if either agency has approved an application submitted for
investigational use in accordance with the Federal Food, Drug, and Cosmetic Act,
the drug may be used only for the approved investigational use.
(c) No person shall administer, distribute, possess, sell, or use any dangerous
drug to or for livestock unless the drug is accompanied by a prescription issued by
a licensed veterinarian entitled to practice in this state.
(3) Any person who violates the provisions of this section commits a class 2
misdemeanor. However, in lieu of the fine provided in section 18-1.3-501, the court
may impose a fine of not less than one thousand dollars or more than one hundred
thousand dollars.
(4) The name and photograph of any person convicted of violating the
provisions of this section shall be made available for publication in newspapers of
general circulation and trade journals.
L. 95: Entire section added, p. 1196, § 1, effective May 31. L. 2002: (3) amended, p. 1517, § 207, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3206, § 327, effective March 1, 2022.
For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
