DEPARTMENT OF AGRICULTURE
Animal Health Division
LIVESTOCK DISEASE CONTROL
8 CCR 1201-19
Part 14.	Emergency Rules for the Control of Highly Pathogenic Avian Influenza (HPAI)
14.1.	Introduction
The State Veterinarian, as designee of the Commissioner of Agriculture, has reasonable evidence to conclude that HPAI has been confirmed in various parts of the United States, including but not limited to Iowa, Kansas, Michigan, Minnesota, Nebraska, and South Dakota. 
HPAI is a communicable disease known to infect poultry and waterfowl, both domestic and wild. HPAI is a highly contagious and fatal foreign animal disease in domestic poultry.
HPAI has also been positively identified in wild birds in the state of Colorado. This emergency rule will protect the health, safety, and welfare of Colorado’s poultry by limiting the opportunity for spread of HPAI in Colorado.
14.2.	Emergency Implementation of Disease Control to Prevent the Spread of HPAI.
14.2.1.	Definitions
14.2.1.1.	“Domestic waterfowl” means ducks and geese that have been selectively bred for meat, eggs, or exhibition purposes.
14.2.1.2.	“Exhibit” or “event” means any gathering or commingling for purposes of show, public display, competition, trade, or sale.
14.2.1.3.	“Poultry” means any species of domestic fowl (including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds) raised for food production or other purposes.
14.2.2.	Implementation. As of the date of this emergency rule, the following activities are immediately canceled.
14.2.2.1.	All exhibits and other events where live domestic waterfowl or poultry are brought together from different premises, including but not limited to, live bird exhibitions, county fairs, or other co-mingled events are immediately canceled for 90 days unless further extended by subsequent emergency rule. 
14.2.2.2.	Any events where sales, transfer, or swapping of domestic waterfowl or poultry occur, where the birds are commingled from different premises, are immediately canceled. Sales, transfer, or swapping events include, but are not limited to, sales of birds at livestock auction markets, swap meets or any other event where birds are commingled for these purposes. These activities are immediately canceled for 90 days unless further extended by subsequent emergency rule. Sales, transfer, or swapping events do not include sites where birds are single-source and not commingled from various premises.
14.3.	Violation of This Emergency Rule
14.3.1.	Any violation of this rule may result in referral to the Colorado Office of the Attorney General or the local district attorney and subject the violator to civil penalty, criminal prosecution, or enforcement through the state’s district courts (or any combination thereof).
Part 16.	Statements of Basis, Specific Statutory Authority and Purpose
16.12.	Emergency Rule Adopted March 30, 2022 – Effective April 1, 2022 through June 30, 2022
Statutory Authority
These rules are promulgated pursuant to the Commissioner’s authorities as set forth at §§ 35-50-105(3)(c), (h), (m), (o), and (p), C.R.S., and § 24-4-103(6)(a), C.R.S.
Purpose
The Colorado Commissioner of Agriculture finds that immediate adoption of these rules is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public’s interest.
Factual and Policy Issues
Specifically, the Commissioner finds that HPAI is caused by an influenza type A virus that can infect poultry and wild birds. HPAI is a highly contagious and economically devastating disease that causes severe illness and death in poultry such as chickens, turkeys, and ducks.
HPAI is currently circulating in the wild bird reservoir species across the United States with 482 detections across 24 states. Additionally, there have been 73 backyard and commercial premises across 18 states impacting nearly 15.3 million poultry and birds (detections as of March 26, 2022). HPAI was confirmed in Colorado in Snow and Ross’s Geese in Sedgwick County on March 24, 2022. 
This detection of HPAI in the wild bird reservoir species in our state presents a risk of introduction to domestic poultry. Commingling of birds from different premises at any event where birds from different flocks, premises, and areas of the state or from out-of-state come together represents a significant risk of for transmission of HPAI in our state, whether by introduction of the virus at the event by migratory bird or from an infected bird that originates from a private premises prior to coming to the commingling event. An HPAI detection traced to a commingling event will require a significant amount of state resources to respond, trace, and quarantine all associated premises and may lead to significant mortality or depopulation events. Therefore, it is imperatively necessary for the public health, safety, and welfare to establish this temporary prohibition of commingling of birds at events.