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SB26-123 • 2026

Prohibit Ventilation Shutdown for Poultry

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 prohibit

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Sen. L. Cutter, Rep. E. Velasco
Last action
2026-03-12
Official status
Senate Committee on Agriculture & Natural Resources Postpone Indefinitely
Effective date
Not listed

Plain English Breakdown

The bill summary does not explicitly state requirements for humane treatment, but it implies a preference for higher welfare methods over ventilation shutdown techniques.

Prohibit Ventilation Shutdown for Poultry

This bill prohibits poultry owners from using ventilation shutdown and ventilation shutdown plus methods to depopulate their flocks starting July 1, 2029.

What This Bill Does

  • Prevents poultry owners from using ventilation shutdown or ventilation shutdown plus as a method of depopulating their birds when one bird tests positive for disease.

Who It Names or Affects

  • Poultry owners who need to depopulate their flocks due to disease outbreaks.
  • Agents or representatives of the Department or Commission involved in ordering, approving, authorizing, or assisting with ventilation shutdown methods.

Terms To Know

Ventilation Shutdown
A method that involves sealing a building and shutting off fans to raise temperature and cause death through heat stroke.
Depopulation
The mass destruction of poultry for disease control purposes.

Limits and Unknowns

  • If a referendum petition is filed against this act within ninety days after final adjournment, the bill will not take effect unless approved by voters in November 2026.
  • The bill does not specify what alternative methods of depopulation must be used.

Bill History

  1. 2026-03-12 Senate

    Senate Committee on Agriculture & Natural Resources Postpone Indefinitely

  2. 2026-02-24 Senate

    Introduced In Senate - Assigned to Agriculture & Natural Resources

Official Summary Text

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.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text 
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0805.01 Yelana Love x2295 SENATE BILL 26-123
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
CONCERNING A PROHIBITION ON THE USE OF VENTILATION SHUTDOWN101
IN THE DEPOPULATION OF POULTRY.102
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.
SENATE SPONSORSHIP
Cutter,
HOUSE SPONSORSHIP
Velasco,
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:1
SECTION 1. In Colorado Revised Statutes, add 35-50-115.5 as2
follows:3
35-50-115.5. Ventilation shutdown - prohibition - short title -4
legislative declaration - definitions.5
(1) T HE SHORT TITLE OF THIS SECTION IS THE "MODERNIZING6
DEPOPULATION ACT".7
(2) THE GENERAL ASSEMBLY:8
(a) FINDS THAT WHEN AN OWNER OF POULTRY DEPOPULATES THEIR9
ENTIRE FLOCK OF POULTRY IN RESPONSE TO A DISEASE, THE OWNER MUST10
CARRY OUT THE DEPOPULATION AS HUMANELY AS POSSIBLE; AND11
(b) O PPOSES THE USE OF VENTILATION SHUTDOWN AND12
VENTILATION SHUTDOWN PLUS , BOTH OF WHICH KILL POULTRY BY13
GRADUALLY INDUCING FATAL HYPERTHERMIA OR HEAT STROKE, IN FAVOR14
OF HIGHER WELFARE DEPOPULATION METHODS.15
(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE16
REQUIRES:17
(a) "DEPOPULATION" MEANS THE MASS DESTRUCTION OF POULTRY18
FOR DISEASE CONTROL PURPOSES.19
(b) "P OULTRY" MEANS ANY DOMESTICATED BIRD , INCLUDING20
CHICKENS, TURKEYS, DUCKS, GEESE, GUINEAS, SQUABS, OR PHEASANTS.21
(c) "V ENTILATION SHUTDOWN " MEANS A METHOD OF22
DEPOPULATION THAT INVOLVES SEALING A BUILDING IN WHICH POULTRY23
ARE CONFINED , SHUTTING INLETS , AND TURNING OFF FANS OR24
VENTILATION SYSTEMS IN ORDER TO RAISE THE TEMPERATURE IN THE25
BUILDING AND INDUCE DEATH OF THE POULTRY THROUGH FATAL26
SB26-123-2-
HYPERTHERMIA OR HEAT STROKE.1
(d) "V ENTILATION SHUTDOWN PLUS " MEANS THE USE OF2
VENTILATION SHUTDOWN WITH ADDITIONAL HEAT SOURCES, HUMIDITY, OR3
STEAM IN ORDER TO MORE RAPIDLY RAISE THE TEMPERATURE IN THE4
BUILDING AND INDUCE DEATH OF POULTRY THROUGH FATAL5
HYPERTHERMIA OR HEAT STROKE.6
(4) IT IS UNLAWFUL FOR:7
(a) A N OWNER OF POULTRY , DIRECTLY OR INDIRECTLY , TO USE8
VENTILATION SHUTDOWN OR VENTILATION SHUTDOWN PLUS ON THE9
OWNER'S POULTRY; AND10
(b) A N AGENT OR REPRESENTATIVE OF THE DEPARTMENT OR11
COMMISSION TO ORDER, APPROVE, AUTHORIZE, OR OTHERWISE ASSIST AN12
OWNER OF POULTRY TO USE VENTILATION SHUTDOWN OR VENTILATION13
SHUTDOWN PLUS ON THE OWNER'S POULTRY.14
SECTION 2. In Colorado Revised Statutes, 35-50-114, amend15
(4)(j) and (4)(k); and add (4)(l) as follows:16
35-50-114. Indemnification of livestock owners - diseased17
livestock indemnity fund - repeal.18
(4) No indemnity shall be paid when:19
(j) The destruction order was not complied with within the20
specified time period; or21
(k) The owner attempted to unlawfully or improperly obtain22
indemnity funds; OR23
(l) THE OWNER VIOLATED SECTION 35-50-115.5.24
SECTION 3. Act subject to petition - effective date. This act25
takes effect July 1, 2029; except that, if a referendum petition is filed26
pursuant to section 1 (3) of article V of the state constitution against this27
SB26-123-3-
act or an item, section, or part of this act within the ninety-day period1
after final adjournment of the general assembly, then the act, item,2
section, or part will not take effect unless approved by the people at the3
general election to be held in November 2026 and, in such case, will take4
effect July 1, 2029, or on the date of the official declaration of the vote5
thereon by the governor, whichever is later.6
SB26-123-4-