COLORADO DEPARTMENT OF AGRICULTURE
State Fair Authority
Colorado State Fair Authority Rules
8 CCR 1208-1
1.2	Definitions
For purposes of these rules:
 (f.1)	“Livestock” means cattle, sheep, goats, swine, mules, donkeys, poultry, horses, alternative livestock, and such domesticated animals as fox, mink, marten, chinchilla, beaver, and rabbits, and all other animals raised or kept for profit.
(f.2)	“National Animal Identification System (NAIS)” means a national program developed by the United States Department of Agriculture (USDA), state agencies and the livestock industry to identify specific animals and premises in the United States and to enable traceback of the movements of any diseased animal or animal exposed to disease.
 (h.1)	“Premises Identification Number” means a number provided by the National Animal Identification System or other State or USDA animal disease surveillance program, such as the National Poultry Improvement Program or the Scrapie Program, as approved by the Colorado State Fair Authority. 
Article 8 – Premiums and Rules Governing Exhibits or Events
8.1	Premium Books
(a)	On or before June 5 of 2008, the Colorado State Fair shall establish and make available premium books, which shall state the following information:
(i)	Kinds and classes of events or exhibits in each general category;
(ii)	Entry requirements for each event or exhibit;
(iii)	Conditions under which entries shall be received, stalled and cared for, fees and qualification and disqualification requirements; and
 (iv)	A premium schedule.
(b)	Premium books may also contain:
(i)	Competition judges’ duties, responsibilities and decisions.
(c)	When considering the kinds of classes, entry requirements, conditions under which entries shall be received, stalled and cared for, entry fees and qualification and disqualification requirements, the Colorado State Fair shall take into consideration experience or previous Colorado State Fairs and other state fairs, changes in the industry that make it reasonable to adopt new provisions, available facilities, industry recommendations, changes in other classes or events, available appropriations, and any other matter that may affect the event or exhibit.
8.2	Entry into Competition
(a)	No animal or exhibit shall be entitled to a place on the grounds until proper entry has been made.
(b)	All entries must be made on official Colorado State Fair forms, properly filled out and accompanied by all fees whenever required.
(c)	Entry forms and instructions for making entries are available upon request and may be located at www.coloradostatefair.com.
(d)	The Colorado State Fair Management shall reserve the right to limit entries to facilities available and cancel any division or class in which, in its judgment, the entries are insufficient to secure adequate competition. Any return of entries under this rule will be done on a non-discriminatory basis.
(e)	The Colorado State Fair Management shall reserve the right to vacate, as ineligible for competition, and order the removal of any entry, which has been entered in violation of these rules.
(f)	Every animal and exhibit shall be entered and exhibited in the name of the bona fide owner.
8.3	Compliance with Local, State and Federal Laws
(a)	In order to comply with the State of Colorado and the Internal Revenue Service, competitors shall submit a properly and fully completed I.R.S. Form W-9 with each competitive entry as specified in premium books.
(b)	Failure to submit a properly and fully completed I.R.S. Form W-9 will delay or possibly forfeit payment of any premium monies won at the Colorado State Fair.
(c)	All competitors shall abide by any local state or federal law.
8.4	Premises Identification
(a)	All entrants for livestock exhibited in open, breed, or market competitions shall provide a premises identification number at the time of entry.
(i)	Equine events are not required to hold a premises identification number for the 2008 Colorado State Fair.
(b)	Premises identification forms and instructions for registering premises are available upon request and may be located at www.coloradostatefair.com.
8.5	Livestock Exhibits or Events
(a)	At the discretion of the Colorado State Fair Authority, premises identification may be required for any exhibit or event that involves the introduction of livestock onto the State Fairgrounds.
8.6	Enforcement
(a)	Colorado State Fair Public Safety Officers are authorized to eject and remove any violator of these rules governing exhibits or events.
Article 9 – Statements of Basis, Specific Statutory Authority and Purpose
9.4	May 30, 2008 – Effective May 30, 2008
Specific Statutory Authority:
The Board of Commissioners of the Colorado State Fair Authority adopts the following temporary rules according to its authority as found in §§ 35-65-401(9)(j) and 24-4-103(6), C.R.S. These rules become effective on May 30, 2008, and shall remain in effect until midnight July 31, 2008.
Statement of Purpose and Compliance with § 24-4-103(6), C.R.S.
The Board of Commissioners of the Colorado State Fair Authority (the “Board”) 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:
The factual and policy issues encountered when developing these rules include the following. 
Detection, prevention and immediate treatment of diseased animals are of the utmost concern for Colorado’s livestock industry, which industry represents nearly $3.5 billion worth of revenue per year. Recent advances in the National Animal Identification System, including premises identification, represent the most advanced methods of ensuring said protections to Colorado’s livestock, livestock producers, and to the packers who purchase livestock. 
For the 2007 Colorado State Fair, the Board required premises identification of all 4-H and FFA project animals to be shown at the Fair. The Board’s desire was to play an integral role in protecting livestock and the livestock industry of this state. This decision received support from the state’s various livestock and cattle associations, producers, packers, the 4-H and FFA organizations and other entities within the state. After the close of the Fair, the Board began to consider whether to continue the requirement of premises identification for the upcoming year and, if so, how to implement the program most effectively.
During the 2008 Colorado legislative session, Representative McKinley introduced House Bill 08-1129 designed to prohibit the Board from making rules or enforcing policies related to premises identification and the National Animal Identification System. As a result, the Board tabled any decision-making regarding premises identification and the 2008 State Fair until the legislature would make a final decision regarding HB 08-1129.
On March 3, 2008, the Senate Committee on State, Veterans and Military Affairs voted to postpone action on this bill indefinitely. Therefore, the Board retained authority to make rules regarding premises identification. 
At its March 28, 2008, meeting, the Board took under advisement, and postponed voting on, Staff’s recommendation to continue premises identification as it had been effected during the 2007 Colorado State Fair, i.e., by adding the rule to the premium books. 
At its April 30, 2008, meeting, the Board received a recommendation from staff to engage in a formal rule-making process with regard to several issues related to the State Fair Authority’s Rules and Regulations, including adopting a rule to require publication of the Premium Books by June 1 and to require premises identification at the 2008 Colorado State Fair. Premium Books provide all guidelines for competition, premium payments and other matters related to competitive exhibits on the fairgrounds, and may contain judging requirements. Premium Books must be published or made available as early in the year as possible in order to allow competitive exhibitors a fair and adequate opportunity to prepare for their respective competitions. 
The Board voted to engage in said process. Because of the timelines of the rule-making process, however, the Board could not effectuate a full and proper public rule-making process any sooner than May 30, 2008, which adopted rules would not become effective until August 1, 2008, too late to have any effect with regard to competition requirements, entry requirements, and premises identification for the 2008 State Fair. (Even had the Board attempted to do so immediately after the March 3, 2008, decision in the Senate Committee, the rule-making process could not have implemented permanent rules prior to June 30, 2008, which date would still have been too late to provide the necessary requirements and protections for the 2008 State Fair.)
These temporary rules define “livestock,” “premises identification,” and the “National Animal Identification System” as they relate to the requirement of premises identification. The rules also require the Fair Board to make available no later than June 5, 2008 the Premium Books, which set out guidelines for all competition at the 2008 Colorado State Fair. Formalized entry requirements are issued in these rules, and the Board adopts a formal requirement for premises identification. 
Without the adoption of these temporary rules, competitors at the 2008 Colorado State Fair will not have formalized rules regarding entry and competition requirements, entry and competition methods, and other matters related to competitions at the State Fair in time for the 2008 Colorado State Fair. Additionally, Colorado’s livestock industry, the producers who purchase the animals at the Fair, and livestock exhibitors at the Fair will not have the important protections provided by the required premises identification rules.
Therefore, without the adoption of these temporary rules, the public’s interest is not served. Wherefore, the Board of Commissioners of the Colorado State Fair Authority, pursuant to § 24-4-103(6), C.R.S., has an obvious and stated need to enact these rules.