Prohibit Ventilation Shutdown for Poultry

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-123 LLS NO. 26-0805.01 Yelana Love x2295 SENATE SPONSORSHIP Cutter, HOUSE SPONSORSHIP Velasco, Senate Committees House Committees Agriculture & Natural Resources A BILL FOR AN ACT CONCERNING A PROHIBITION ON THE USE OF VENTILATION SHUTDOWN IN THE DEPOPULATION OF POULTRY.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Under current law, poultry owners may be required to destroy or depopulate their entire flock of poultry when one of their birds tests positive for a disease. Effective July 1, 2029, the bill prohibits an owner of poultry from using ventilation shutdown and ventilation shutdown plus, which methods kill poultry by gradually inducing fatal hyperthermia or heat stroke, as methods of depopulating their poultry. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 35-50-115.5 as follows: 35-50-115.5. Ventilation shutdown - prohibition - short title legislative declaration - definitions. (1) THE SHORT TITLE OF THIS SECTION IS THE "MODERNIZING DEPOPULATION ACT".

(2) THE GENERAL ASSEMBLY:

(a) FINDS THAT WHEN AN OWNER OF POULTRY DEPOPULATES THEIR ENTIRE FLOCK OF POULTRY IN RESPONSE TO A DISEASE, THE OWNER MUST CARRY OUT THE DEPOPULATION AS HUMANELY AS POSSIBLE; AND (b) OPPOSES THE USE OF VENTILATION SHUTDOWN AND VENTILATION SHUTDOWN PLUS, BOTH OF WHICH KILL POULTRY BY GRADUALLY INDUCING FATAL HYPERTHERMIA OR HEAT STROKE, IN FAVOR OF HIGHER WELFARE DEPOPULATION METHODS.

(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "DEPOPULATION" MEANS THE MASS DESTRUCTION OF POULTRY FOR DISEASE CONTROL PURPOSES.

(b) "POULTRY" MEANS ANY DOMESTICATED BIRD, INCLUDING CHICKENS, TURKEYS, DUCKS, GEESE, GUINEAS, SQUABS, OR PHEASANTS.

(c) "VENTILATION SHUTDOWN" MEANS A METHOD OF DEPOPULATION THAT INVOLVES SEALING A BUILDING IN WHICH POULTRY ARE CONFINED, SHUTTING INLETS, AND TURNING OFF FANS OR VENTILATION SYSTEMS IN ORDER TO RAISE THE TEMPERATURE IN THE BUILDING AND INDUCE DEATH OF THE POULTRY THROUGH FATAL HYPERTHERMIA OR HEAT STROKE.

(d) "VENTILATION SHUTDOWN PLUS" MEANS THE USE OF VENTILATION SHUTDOWN WITH ADDITIONAL HEAT SOURCES, HUMIDITY, OR STEAM IN ORDER TO MORE RAPIDLY RAISE THE TEMPERATURE IN THE BUILDING HYPERTHERMIA OR HEAT STROKE.

AND INDUCE DEATH OF POULTRY THROUGH FATAL

(4) IT IS UNLAWFUL FOR:

(a) AN OWNER OF POULTRY, DIRECTLY OR INDIRECTLY, TO USE VENTILATION SHUTDOWN OR VENTILATION SHUTDOWN PLUS ON THE OWNER'S POULTRY; AND

(b) AN AGENT OR REPRESENTATIVE OF THE DEPARTMENT OR COMMISSION TO ORDER, APPROVE, AUTHORIZE, OR OTHERWISE ASSIST AN OWNER OF POULTRY TO USE VENTILATION SHUTDOWN OR VENTILATION SHUTDOWN PLUS ON THE OWNER'S POULTRY.

SECTION 2. In Colorado Revised Statutes, 35-50-114, amend (4)(j) and (4)(k); and add (4)(l) as follows: 35-50-114. Indemnification of livestock owners - diseased livestock indemnity fund - repeal.

(4) No indemnity shall be paid when:

(j) The destruction order was not complied with within the specified time period; or (k) The owner attempted to unlawfully or improperly obtain indemnity funds; OR

(l) THE OWNER VIOLATED SECTION 35-50-115.5.

SECTION 3. Act subject to petition - effective date. This act takes effect July 1, 2029; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect July 1, 2029, or on the date of the official declaration of the vote thereon by the governor, whichever is later.