DEPARTMENT OF AGRICULTURE State Board of Stock Inspection Commissioners RULES PERTAINING TO THE FEEDLOT CERTIFICATION ACT 8 CCR 1205-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ STATEMENT OF BASIS AND PURPOSE These rules are adopted pursuant to § 35-53.5-103(1), HB 98-1101. The purposes of these rules are to: establish definitions for relevant terminology; define requirements for certification; set fees to fund all direct and indirect costs of the administration and enforcement; define methods for separation of cattle; set standards for inspections; establish recordkeeping requirements; define standards for movement of cattle from a certified feedlot; and establish standards and procedures for renewal of certifications and disciplinary actions.

1.00 Definitions

A. “Act” means the Feedlot Certification Act, §§ 35-53.3-101 through 115, HB 98-1101.

B. “Board” means the Colorado State Board of Stock Inspection Commissioners.

C. “Denver Office” means the Denver office of the State Board of Stock Inspection, 4701 Marion Street, Room 201, Denver, Colorado 80216.

D. “Inspector” means a brand inspector performing inspections on behalf of the State Board of Stock Inspection, Colorado Department of Agriculture.

E. “Legal entity” means any legal entity set forth in § 2-4-401(8), C.R.S.

F. “Notice within 24 hours of arrival” as used in § 35-53.5-109(3), HB 98-1101 means notice shall be provided at any time before but not later than 24 hours after arrival.

G. “Source” means the origin of the animals. That lot of animals purchased at a specific market on the same day are from the same source. Further, animals purchased from one legal entity and shipped together on one date from one shipping point are considered from the same source. For animals purchased by an order buyer from several entities and loaded at different locations, each shipping point, as identified by the required purchase documents pursuant to § 35-53.5-109(3), HB 98-1101, shall be considered a source.

2.00 Application for certification

A. A feedlot shall apply for certification on the form(s) provided by the Board.

B. At a minimum, the applicant shall provide the following information:

(1) The full name of the legal entity to be named on the certification; Code of Colorado Regulations 1 (2) Specification as to the type of legal entity, e.g., individual, corporation, limited liability company, partnership, or association;

(3) Mailing and/or business address for the feedlot;

(4) Physical address for the feedlot;

(5) The names and addresses of all owners, partners, associate officers or corporate officers, as applicable;

(6) The name and address of the registered agent for service, as applicable;

(7) The total feedlot capacity, when full; and, (8) The number of separate pens with proper inspection areas for incoming feeder cattle.

C. Accompanying each new application shall be a facility authorization form, as provided by the Board, signed by the area Inspector or Supervisor confirming that proper working areas and holding pens are available at the feedlot.

D. The application fee, as set forth in Section 3.00 A., shall be submitted with the application.

E. The feedlot shall ensure proper and appropriate working areas for the inspections as defined in Section 4.00 F.

3.00 Fees

A. The fee for application and annual renewal of certification shall be $1000.00 per year, or such lesser sum as the Board may direct.

B. The per head direct to slaughter fee for certified feedlots shall be $0.15 less than the usual direct to slaughter fee established pursuant to § 35-53.5-107, C.R.S.

C. All per head fees shall be received by the Denver Office not later than the 5th day of each month. Any payment received after the 15th day of the month shall be subject to a late fee of 10% of the total inspection fee and the National Beef Promotion fee, not to exceed $50.00 plus interest, pursuant to § 35-53.5-107(2), HB 98-1101. The late fee shall be paid with the subsequent month's payment.

4.00 Required separation of cattle

A. Any feedlot with a new certification or being reinstated after suspension or revocation shall not commingle any cattle which enter the lot after the effective date of certification or reinstatement with cattle in the lot prior to such certification or reinstatement. All animals in the lot prior to the date of certification or reinstatement shall be inspected prior to slaughter pursuant to the provisions of § 35-53-105 or Article 11 of Title 12, C.R.S., and all applicable fees shall be paid at the time of such inspection.

B. All animals entering a certified feedlot not accompanied by a current brand inspection certificate or a purchase sheet from a brand inspection state specifically identifying the animals by brand or no brand shall be kept separate by source until inspected pursuant to § 35-53.5-109(3), HB 98-1101.

C. Animals may be held separate by source in any secure enclosure at the certified feedlot where proper animal care can be provided.

Code of Colorado Regulations 2 D. The facility must be such that animals held separate by source may be readily placed in an alley or other properly designed working area in which a thorough animal inspection may be accomplished by the assigned Inspector.

E. Any load or shipment of animals which cannot be readily placed by the Inspector in the proper working areas shall be placed in the working area by the feedlot personnel prior to inspection.

F. A proper working area shall contain alleys, chutes, gates, sorting pens and holding pens of adequate size to hold the number of animals requiring inspection.

5.00 Site inspections, audits and complaints

A. Any authorized Inspector or Board member may conduct a site inspection at the Inspector's or Board member's discretion. Such inspection may include:

(1) The entry log to verify recordkeeping;

(2) Pen and lot files to insure valid title has been established for each pen and lot as well as compliance with all requirements of the Act and these rules;

(3) Balancing the direct to slaughter slips to be maintained by each certified feedlot; and, (4) Physical inspection or any lot(s) or pen(s) of cattle.

B. Each certified feedlot will be audited and inspected on a routine basis during the certification period, by a person authorized by the Board.

C. Each audit and inspection shall include balancing of the feedlot head count with the actual number of animals on the premises to numbers at the beginning of the certification or at the last audit, the number of animals shipped or dead, and additions of new animals to the feedlot.

D. Any person having reasonable suspicion of a potential violation may request the Brand Commissioner, or his designated agent, to inspect the certified feedlot or any pen(s) therein. Any such request shall be in writing, addressed to the Brand Commissioner, stating the potential violation(s), the reasons for the requested inspection and the anticipated results. If the request is an emergency, and it is determined that immediate action is required, the Brand Commissioner or his agent may begin the inspection without the written request, however, the written request shall be submitted as soon as possible. If the Brand Commissioner is unavailable, his agent shall be a Board member in the area in which the complaint originates, or in his or her absence, any Board member.

6.00 Recordkeeping requirements

A. Certified feedlot owners and/or managers shall keep the following records:

(1) A separate file containing the feedlot copy of each direct to slaughter movement permit, in numerical order. This file shall be known as the “out file;” (2) Copies of all regular brand inspection certificates which are issued for the requested inspection of direct to slaughter animals or animals shipped form the certified feedlot to any location other than direct to slaughter. These certificates shall be filed in the “out file,” in chronological order;

(3) A separate file containing, in chronological order, the entry documents and/or brand inspection certificate/purchase invoices required by § 35-53.5-109(3), HB 98-1101; Code of Colorado Regulations 3 (4) An entry log in the form and manner prescribed by the Board kept in chronological order of all animals entering the certified feedlot, pursuant to § 35-53.5-109(5), HB 98-1101;

(5) A file for each pen and/or lot identifying the number of head, legal owner of the cattle and copies of entry papers; and, (6) A list of all dead animals by lot or pen number to be kept in the “out file” in chronological order.

7.00 Movement of cattle from a certified feedlot

A. The Board will provide prenumbered direct to slaughter movement permits to each certified feedlot, pursuant to § 35-53.5-108, HB 98-1101.

B. Each lot or pen shall be listed on a separate direct to slaughter movement permit.

C. Each direct to slaughter movement permit shall include the following information:

(1) The name of the certified feedlot;

(2) The legal owner(s) of the animals shipped;

(3) The number of animals shipped, showing the number of heifers, cows, bulls, steers and lot or pen number;

(4) The date the shipment was sent; and, (5) The name, city and state of the United States Department of Agriculture (“USDA”) registered packing plant where the animals are consigned for slaughter.

D. Certified feedlots may ship cattle to a Colorado licensed market without the feedlot inspection provided that the seller's invoice from the licensed market is filed in chronological order in the “out file.”

E. Any animal leaving a certified feedlot to any destination other than direct to a USDA registered packing plant must be inspected by an Inspector immediately prior to shipment, and all applicable fees shall be paid, except as defined in Section 7.00 D above.

F. Any animal removed by a byproducts company as dead or dying shall be documented by a copy of the receipt from the byproducts company, filed in the “out file” in chronological order.

G. Any voided certificate shall be marked “void.” The direct to slaughter copy and the feedlot copy shall be stapled together and filed as required in Section 6.00. The original copy of the voided certificate shall be received by the Denver office by the 5th day of the following month, along with the valid office copies of the certificates issued.

8.00 Renewal of certifications

A. The Board will notify the certified feedlot, at the last address furnished by the certified feedlot, prior to the expiration of the certification period and deliver a renewal application to the feedlot. It shall be the responsibility of the certified feedlot to notify the Denver office of any change of address.

B. The renewal fee, which shall be determined by the Board prior to the notice of renewal period, shall be submitted with the completed renewal application.

Code of Colorado Regulations 4 C. Any renewal application received at the Denver office after June 30 of the current certification period shall pay a late fee of $50.00.

D. Any certified feedlot applying for renewal shall complete the renewal application showing the total number of animals marketed directly to slaughter in the previous certification period (July 1 through June 30). These head count figures are part of the log described in § 35-53.5-109(5), HB 98-1101, which figures are not considered a public record.

E. Any feedlot that elects to not renew shall have all animals inspected prior to shipment pursuant to § 35-53-105, C.R.S. beginning July 1 immediately following termination of the renewal period.

9.00 Disciplinary actions

A. The Board may deny, suspend, refuse to renew or revoke any certification if the applicant or certificate holder has:

(1) Violated any provisions of Articles 43, 44, 53, or 54 of Title 25, C.R.S., or any rules promulgated thereto;

(2) Entered a plea of guilty or nolo contendere or been convicted of an criminal act under Title 18, C.R.S.;

(3) Violated any provision of the Act or these rules; and/or (4) Refused or failed to allow inspection or audit pursuant to Section 5.00.

B. Any feedlot whose certification has been revoked or suspended shall immediately, upon notice of the disciplinary action, cause all animals leaving the feedlot to be inspected pursuant to § 35-53-105, C.R.S. and shall pay all applicable fees.

C. Any feedlot whose certification has been revoked shall not reapply for certification until the expiration of two years after the revocation.

D. Any feedlot whose certification has been revoked or suspended shall be required to pay the annual certification fee, regardless of the effective date of reinstatement. _________________________________________________________________________ Editor’s Notes History Code of Colorado Regulations 5