COLORADO DEPARTMENT OF AGRICULTURE
Animal Industry Health Division
Public Livestock Markets Veterinary Inspection
8 CCR 1201-13
RULES PERTAINING TO PUBLIC LIVESTOCK MARKETS VETERINARY INSPECTION
STATEMENT OF BASIS AND PURPOSE
These rules are adopted pursuant to the Public Livestock Markets provisions, specifically, § 35-55-113, C.R.S. (1996 Supp.).
The purposes of these rules are to: define applicable terms; specify the requisite notice to animal owners; establish the procedures for inspection, removal and euthanization of animals; and designate diseases and injuries which are beyond recovery.
Part 1.00	Definitions
A.	“Actinobacillosis” means the disease commonly known as woody tongue.
B1.1.	“Actinobacillosis” or “Actinomycosis” means a localized, chronic, progressive, granulomatous abscess that most frequently involves the mandible, the maxillae, or other bony tissues in the head the disease commonly known as lump jaw.
C1.2.	“Animal” or “Livestock” means horses, mules, cattle, burros, swine, sheep, goats, poultry, alternative livestock as defined in § 35-41.5-102(1) and any other animal presented to the market for sale.
D1.3.	“Body condition score” means a numerical score assigned to the animal concerning the amount of flesh the animal has on its body. Each species or class of animal has its own scoring system which is uniform within the species or class. A copy of the scoring system pertaining to the applicable species or class is included as an Appendix to these rules. For information on the scoring system relevant to a particular species, please contact the Department. 
E1.4.	“Commissioner” means the Commissioner of Agriculture, Colorado Department of Agriculture or a designated employee of the Department of Agriculture.
F1.5.	“Department” means the Colorado Department of Agriculture.
G1.6.	“Euthanasia” or “Euthanize” means to produce a humane death by techniques accepted by the American Veterinary Medical Association accomplish death of the animal: with a captive bolt pistol, with or without the use of chemical anesthesia; by transection of the posterior aorta, with the use of chemical anesthesia; by administration of euthanasia solution; or other method appropriate for the species and the location.
H1.7.	“Metastatic” or “Metastasis” means the invasion or infiltration of other structures or tissue by a neoplasm.
I1.8.	“Neoplasia,” “neoplasm,” or “neoplastic” means new, abnormal tissue growth which is deleterious to the animal's health.
J1.9.	“Non-ambulatory” means the animal is unable to rise to its feet and walk with minimal stimulus.
K1.10.	“Owner” means the person or entity owning the livestock and the owner’s officers, members, employees, or agents actual owner of the animal or the person who consigned the animal for sale, or the owner's or consignor's agent.
L1.11.	“Urinary Calculi” means solid particles in the urinary system that cause the disease commonly known as water belly.
M1.12.	“Veterinarian” means an individual who is currently licensed and in good standing with the State Board of Veterinary Medicine to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services veterinarian licensed pursuant to the Colorado Veterinary Practice Act, §§ 12-64-101 through 119, C.R.S. (1991 and 1995 Supp.) and who is appointed by the Department to perform the duties of a veterinarian at a specific livestock market.
Part 2.00	Notice
A2.1.	The following notice shall be posted:
LIVESTOCK OWNER NOTICE: ANIMALS WHICH ARE DISEASED, INJURED, OR DISABLED BEYOND RECOVERY MAY NOT BE SOLD AT A PUBLIC LIVESTOCK MARKET PURSUANT TO: 35-55-113(4), C.R.S. You may be requested to remove such animals(s) from the livestock market if the market veterinarian’s professional opinion is that the animal(s) you are presenting for sale are unacceptable under this law. Alternatively, the market veterinarian may euthanize such animal(s) if you do not choose to remove the animal(s).“By consigning any animal with a public livestock market in Colorado, the owner of the animal consents as follows:
(1)	As to any animal which, in the sole discretion of the market veterinarian, is injured, disabled, or diseased beyond recovery or is permanently unfit for human consumption, the owner authorizes the market veterinarian to examine the animal and to determine whether the animal sells, is removed from the market or is euthanized, pursuant to § 35-55-113, C.R.S. (1996 Supp.) and the rules thereto.
(2)	The owner of the animal further consents to pay the costs of euthanasia and disposal.
(3)	A copy of the statute and rules is available at the market office or the Colorado Department of Agriculture. The statute and rules are enforced by the Department and not the public livestock market.”
B2.2.	This notice shall be posted at the public market office and the check-in dock.
C2.3.	A leaflet form of this notice shall be made available upon request to the Department.
Part 3.00	Veterinary Inspection Procedures
The following procedures shall apply:
A3.1.	Veterinary inspection shall occur prior to sale, with a determination made by the veterinarian whether any of the animals presented to the public livestock market for sale possess any of the diseases or injuries specified in Sections Parts 4.00 or 5.00 below.
B3.2.	The veterinarian shall make a reasonable effort over a two hour period to contact the owner by phone or in person regarding an animal identified by the veterinarian pursuant to Sections Parts 4.00 and 5.00 below.
C3.3.	Within twelve hours of notification, the owner may remove from the livestock market any animal identified by the veterinarian pursuant to Sections Parts 4.00 and 5.00 below, or may direct the veterinarian to euthanize such animal.
D3.4.	If the veterinarian is unsuccessful in contacting the owner, the veterinarian shall determine whether, in the sole discretion of the veterinarian, the animal identified by the veterinarian pursuant to Sections Parts 4.00 and 5.00 below should be euthanized to prevent further pain and suffering.
E3.5.	Any animal identified by the veterinarian pursuant to Sections Parts 4.00 and 5.00 below which is not removed from the livestock market 14 hours after the initial veterinary inspection may be euthanized, in the sole discretion of the veterinarian.
3.6.	The owner of any animal euthanized will pay the costs of the euthanasia and of any disposal cost associated with such euthanasia. 
Part 4.00	Diseases which shall render livestock diseased beyond recovery
The following diseases shall render livestock diseased beyond recovery for the purposes of these rRules:
A4.1.	Ocular neoplasia:
(1)4.1.1.	Unless the neoplastic lesions show no clinical signs of metastasis and have not destroyed the eye or eye lids;
(2)4.1.2.	If the neoplastic lesions affect the eye and/or eye lids and have destroyed the affected organ to the point that the affected area is not amenable to surgery;
(3) 4.1.3.	If the neoplastic lesions show signs of local metastatic invasion from the primary site to the bone of the orbit; or
(4) 4.1.4.	If the following signs are present: abnormal swelling, discoloration, open necrotic regions with drainage, or deformation of tissue.
B4.2.	Other forms of neoplasia:
Other neoplasias, regardless of tissue origin, which exhibit significant involvement, including, but not limited to, the following signs: abnormal swelling, discoloration, open necrotic regions with drainage, or deformation of tissue.
C4.3.	Any disease process, or body condition, that will not respond in a timely manner to treatment, or that renders an animal into a poor body condition including, but not limited to,: Actinobacillosis, Actinomycosis, Pneumonia, and Urinary Calculi, which will not respond to treatment and has resulted in a body condition score in the lower 20% for the species.
D4.4.	Any disease process which has resulted in the presentation of a nonambulatory animal.
Part 5.00	Injuries which shall render livestock injured beyond recovery
The following injuries shall render livestock injured beyond recovery for the purposes of this rRule:
A5.1.	A fracture of a long bone, other fractures or dislocation of a joint that render the animal unable to bear weight on the affected limb without that limb collapsing.
B5.2.	Any injury which has not responded to treatment and has resulted in the livestock being in a poor  a body condition score in the lower 20% for the species.
C5.3.	Any injury which has resulted in the presentation of a non-ambulatory animal.
Part 6.00	Euthanasia
A6.1.	Euthanasia shall be accomplished by or under the direction of the veterinarian.
B.	The cost of euthanasia shall be determined annually by the Commissioner and posted at the livestock sale market and the Department. Said cost shall be borne by the owner.
C6.2.	The veterinarian will provide written notice to the owner of any euthanized animal.
Part 7.00	Disposal of euthanized animal carcasses
A7.1.	The owner may request the return of the carcass and may retrieve the carcass within six hours.
B7.2.	Unless the owner requests return of and retrieves the carcass as set forth immediately above, the carcass shall be disposed of pursuant to law and as customary for the community. In the event that there is a disposal fee, the fee shall be borne by the owner.

CONDITION	NECK	WITHERS	LOIN	TAILHEAD	RIBS	SHOULDER	
1
POOR	Bone structure easily noticeable	Bone structure easily noticeable	Spinous processes project prominently	Tailhead (pinbones) and hook bones projecting prominently	Ribs projecting prominently	Bone structure eailsy noticeable	
	Animal extremely emaciated; no fatty tissue can be felt.				
2
VERY THIN	Faintly discernible	Faintly discernble	Slight fat covering overbase of spinous processes. Transverse processes of lumbar vertebrae foot rounded. Spinous processes are prominent.	Tailhead prominent	Ribs prominent	Faintly discernible	
	Animal Emaciated						
3
THIN	Neck accentuated	Withers accentuated	Fat buildup halfway on spinous processes but easily discernible. Transverse processes cannot be felt	Tailhead prominent but individual vertebrae cannot be visually identified. Hook bones appear rounded, but are still easily discernible. Pin bones not distinguishable	Slight fat cover over ribs. Ribs easily discernible.	Shoulder accentuated.	
4 Moderately THIN	Neck not obviously thin	Withers not obviously thin	Negative crease along back	Prominence depends on conformation, fat can be felt. Hook bones not discernible	Faint outline discernible	Shoulder not obviously thin	
5 MODERATE	Neck blends smoothly into body	Withers rounded over spinous processes	Back level	Fat around tailhead beginning to feel spongy	Ribs cannot be visually distinguished but can be easily felt	Shoulder blends smoothly into body	
6 Moderately FLESHY	Fat beginning to be deposited	Fat beginning to be deposited	May have slight positive crease down back	Fat around tailhead feels soft	Fat over ribs feels spongy	Fat beginning to be deposited	
7
FLESHY	Fat deposited along neck	Fat deposited along withers	May have positive crease down back	Fat around tailhead is soft	Individual ribs can be felt, but noticeable filling between ribs with fat

	Fat deposited behind shoulder	
8
FAT	Noticeable thickening of neck	Area along withers filled with fat	Positive crease down back	Tailhead fat very soft	Difficult to feel ribs	Area behind shoulder filled in flush with body	
	Fat deposited along inner buttocks					
9
Extremely FAT	Bulging fat	Bulging fat	Obvious positive crease down back	Building fat around tailhead	Patchy fat appearing over ribs	Bulging fat	
	Fat along inner buttocks may rub together. Flank filled in flush.				

Swine Condition Score
	
(Swine should be maintained at a condition score of 3. Swine which are too fat have reduced libido. Shape and covering determine condition scores.)
	
Score	Condition	Location of H Bone	Shape of Body	
5	Overfat	No detection	Bulbous	
4	Fat	No detection	Tend to buldge	
3.5	Good condition	Great difficulty in locating	Tube shaped	
3	Normal	Can only just be felt	Tube shaped	
2.5	Somewhat thin	Easily located or with visible protrusion	Tube shaped but flat (slab sides)	
2	Thin	Visible	Ribs and spine can be felt	
1	Emaciated	Easily visible	Bone structure apparent (ribs & backbone)	

DESCRIPTION OF BODY CONDITION SCORING (BCS)
Body Condition Score		
1	Severely emaciate. Bone structure of shoulder, ribs, back, hooks and pins is sharp to the touch and easily visible. Little evidence of fat deposits or muscling.	
2	Emaciated. Little evidence of fat deposition but some muscling in the hindquarters. The backbone feels sharp to the touch	
CAUTION 3	Very thin, no fat on ribs or brisket, and some muscle still visible. Backbone easily visible.	
4	Thin, with ribs easily visible but shoulders and hindquarters still showing fair muscling. Backbone visible.	
5	Moderate to thin. Last two or three ribs can not be seen unless animal has been shrunk. Little evidence of fat in brisket, over ribs or around tailhead.	
6	Good smooth appearance throughout. Some fat deposits in brisket and over tailhead. Ribs covered and back appears rounded.	
CAUTION 7	Very good flesh, brisket full. Fat cover is thick and spongy and patchiness is likely. Ribs very smooth.	
8	Obese, back very square, brisket distended, heavy fat pockets around tailhead. Square appearance.	
9	Rarely observed. Very obese. Animal’s mobility may actually be impaired by excessive fat.	
	Spitzer, 1986	

BODY CONDITION SCORE REFERENCES
1.	Beef Cow - J.C. Spitzer, Influences of Nutrition on Reproduction in Beef Cattle in Current Therapy in Theriogenology, (D.A. Morrow ed., 2d ed. 1986).
2.	Dairy Cattle - A.J. Edmondson et al., Body Condition Scoring Dairy Cattle, Journal of Dairy Science, 72:68 (1989).
3.	Horse - Henneke et al., Equine Veterinary Journal, 15(4) (1983).
4.	Sheep - Eagle, Clair, Sheep Breeders and Sheepman, Dec. (1983) (Extracted from SID Sheep Production Handbook).
5.	Swine (Boar) - B.E. Straw, D.J. Meuten, Physical Examination in Diseases of Swine, (Allen D. Leman et al. ed., 7th ed).
6.	Llama (Camelids) - Dr. Larue Johnson, Colorado State University (Developed for the llama industry).
Part 8.	Statement of Basis and Purpose
8.1.	Rules Adopted Prior to 2016
These Rules are adopted pursuant to the Public Livestock Markets provisions, specifically, §35-55-113(6), C.R.S.
The purposes of these Rules are to: define applicable terms; specify the requisite notice to animal owners; establish the procedures for inspection, removal and euthanization of animals; and designate diseases and injuries which are beyond recovery. 
The statements of basis and purpose for some rule changes are no longer in the Department files and are presumably in the state archives. 
8.2.	Adopted June 8, 2016 – Effective July 30, 2016
Specific Statutory Authority
The specific statutory authority for this Rule is located in §§ 35-55-113(6), C.R.S., which grants authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt reasonable Rules for the administration of the Public Livestock Markets Act, § 35-55-101, et seq., and to adopt Rules to identify diseases that render livestock permanently disabled or the carcasses thereof permanently unfit for human consumption.
Purpose
The revisions to these Rules incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.
Factual Policy and Issues 
In reviewing and updating these Rules, the reviewers updated the definitions Parts to clarify the meanings of key diseases or disorders; to remove the word “animal,” as livestock markets do not operate to sell animals; to update information regarding the body-condition scoring to reflect that the Department would no longer incorporate body-condition scoring charts with the Rule; to strike “euthanize” to leave “euthanasia” as the proper term; to update the definition of “owner” to make it consistent with other Division of Animal Health Rule definitions; and to re-define “veterinarian” to indicate that for these Rules, “veterinarian” is someone who is also accredited by the USDA, Animal Plant Health Inspection Service.
Where the reviewers found provisions that were outdated or non-useful, the reviewers made changes.  For instance, the Notice section of the Rule sets forth more simply and more clearly the actual notice that must be provided at all livestock markets regarding diseased, injured, or disabled animals.  In Part 4, the reviewers clarified that both “disease” and “body condition” that do not timely respond to treatment render livestock “diseased beyond recovery.”  Similarly, the reviewers also changed 5.2 to indicate that livestock with an injury that results in a poor condition renders that livestock “injured beyond recovery.”  Finally, the reviewers removed paragraph B of Part 6 because the Commissioner is not authorized to set euthanasia costs state-wide or to interfere with such price-setting by independent veterinarians who perform such actions.
Additionally, the reviewers have removed all static charts regarding body condition scoring.  Some of the formerly adopted charts did not provide a useful means of scoring certain species, and codifying such charts limits the Department’s ability to rely on the most updated, precise charts that are available.  Removing the charts permits the Department to respond to questions regarding body-condition scoring charts with the most accurate, updated, precise charts or methods available.