Concerning a prohibition on the use of ventilation shutdown in the depopulation of poultry.
Summary
SB 26-123 would prohibit the use of ventilation shutdown and ventilation shutdown plus as methods for depopulating poultry in Colorado. The bill applies when poultry owners are required to destroy an entire flock for disease control purposes, and it defines both prohibited methods as practices that kill birds by sealing a building, shutting off ventilation, and raising temperatures until the birds die from hyperthermia or heat stroke. The bill also states that the General Assembly favors more humane, higher-welfare depopulation methods when mass destruction of poultry is necessary.
The bill creates a new section in the Colorado Revised Statutes, the "Modernizing Depopulation Act," and makes it unlawful for poultry owners, directly or indirectly, to use either ventilation shutdown method. It also prohibits state agents or representatives from ordering, approving, authorizing, or otherwise assisting in the use of those methods. In addition, the bill amends the livestock indemnity statute to deny indemnity payments when an owner violates the new prohibition, tying compliance to eligibility for state compensation related to diseased livestock depopulation. The measure is set to take effect July 1, 2029.
Impact
The bill would add a new statutory prohibition in Title 35 governing poultry depopulation and would modify the indemnity rules for diseased livestock by making a violation of the new section a disqualifying condition for payment. It would affect poultry owners, veterinarians, animal health officials, and Department or Commission personnel involved in disease response and flock depopulation. By restricting a commonly discussed emergency depopulation method, the bill would require the state and poultry industry to rely on alternative humane depopulation practices in outbreak situations.
Sentiment
The bill’s stated purpose and legislative declaration reflect a clear pro-animal-welfare sentiment, emphasizing humane treatment and opposition to ventilation shutdown methods. The available context shows no recorded committee testimony or vote detail, but the bill was ultimately postponed indefinitely in the Senate Agriculture & Natural Resources Committee, suggesting the proposal did not advance and may have faced sufficient concern or lack of support to halt it at committee. Overall, the bill appears to have been framed as a modernization and welfare measure rather than a controversial regulatory expansion in the text itself.
Contention
The main point of contention is likely the balance between animal welfare and emergency disease-control tools. Supporters would favor banning ventilation shutdown and ventilation shutdown plus because the methods are described as causing prolonged suffering through heat stroke or hyperthermia, while opponents or skeptics may view the prohibition as limiting a rapid depopulation option during outbreaks such as avian disease emergencies. Another potential issue is the bill’s effect on indemnity eligibility, since owners who violate the ban would lose access to state indemnity funds, increasing the practical stakes for poultry producers and state responders. The committee’s decision to postpone indefinitely indicates the measure did not secure enough support to move forward.