Code of Colorado Regulations
1200 - Department of Agriculture
1208 - State Fair Authority
8 CCR 1208-1 - COLORADO STATE FAIR AUTHORITY RULES
Article 9 - Statements of Basis, Specific Statutory Authority and Purpose
Section 8 CCR 1208-1-9.3 - May 30, 2008 - Effective July 30, 2008

1. Define "livestock" to parallel definitions used within other Colorado Department of Agriculture divisions' rules and within the Colorado Revised Statutes and to provide a consistent definition that may be relied upon when the word is used in other portions of the Board's rules.

2. Define "National Animal Identification System" as it relates to "Premises Identification."

3. Define "Premises Identification" to provide a consistent definition for later use within the rules.

4. Define "service animal" to ensure compliance with the Americans with Disabilities Act.

5. Remove obsolete rules and material and to correct spelling or typographical errors.

6. Clarify language and citations in Articles 2 and 5.

Article 3, "Exhibitors":

7. Provide greater protection to the exhibitors and their exhibits and to protect the public from advertising that is not appropriate for the State Fairgrounds. The last changes are to correct spelling and to clarify language.

Article 4, "Alcohol":

8. Reflect changes in State Fair rules regarding alcohol consumption outside selling facilities after nine p.m., to address increased concerns about patrons over-consuming and to make a spelling change.

Article 6, "Behavior on Campgrounds":

9. Limit liability to the State Fair in the event of unauthorized camping and to protect fairgoers from unauthorized or potentially dangerous dogs. Other changes are to clean up language and citations.

Article 7, "Show Ring Ethics":

10. Incorporate the newest version of the National Code of Show Ring Ethics and removes the language of the incorporated material from the rules.

Article 8, "Premiums and Rules Governing Exhibits or Events":

11. Make entry and competition requirements consistent for all exhibitors, to define the process and method to be used for creation of the Premium Books, to require compliance with all outside applicable laws and to articulate the requirements of premises identification for events involving livestock.

12. Establish a June 1 deadline by which the Board must make its premium books available every year.

13. Articulate what materials are to be put into the Premium Books and what the Board should consider on a yearly basis when creating these Premium Books.

14. Provides consistent rules for entry into the competitions at the Colorado State Fair, identifies where entry forms may be located, and sets enforceable requirements for entry into the competitions.

15. Set forth the requirement for compliance with all local, state and federal laws.

16. Articulate the requirements of premises identification for events involving livestock on the Colorado State Fairgrounds.

Factual and Policy Issues:

The factual and policy issues encountered when developing these rules include:

The Board of Commissioners of the Colorado State Fair Authority's (the Board) on-going desire to produce a fair that adequately and appropriately showcases Colorado's agricultural, horticultural, industrial, mining, and tourist industries, as well as its recreational, educational and scientific and natural resources led to many of the changes in these rules.

The amendments to Article 1.2, "Definitions," reflect the Board's desire to make updates to accommodate changes. These changes include the most accurate definition of "livestock," which definition is currently in use by the Colorado Department of Agriculture in several of its statutes and rules. The Board also recognized the need to provide definition to new terms and terminology that are beginning to affect Colorado livestock and agriculture, specifically, "premises identification number" and "National Animal Identification System." Additionally, the Board had received comment that its definition of "service animal" did not encompass the full range of service animals available that might need entry into the fair.

Throughout the rules, the Board identified minor changes in wording, grammar, spelling and citation that needed to be updated. These are reflected in changes to Articles 1.2, 2.3, 4.3, 5.2 and 6.2.

The amendments to Article 3.1 are to protect exhibits while on the grounds, requiring release forms and no prior removal without consent. Additionally, the Board put into rule its policy requiring management approval prior to posting any advertising materials on fairgrounds.

Article 4.1's requirement that all alcohol served after 9:00 p.m. be consumed within the facility from which it was purchased was obsolete and unenforced. The Board found that the policy of preventing alcohol served after 9:00 p.m. to be consumed anywhere other than within the establishment that had sold the beer did nothing to provide any greater protection to fairgoers, stifled business sales across the grounds and deterred attendance after 9:00 p.m. Therefore, the Board struck this portion of the rules.

The addition to Article 6.1 gives the no-camping policy the full force and effect of law. Because camping or sleeping overnight on the grounds has posed a problem for fair management in the past, the Board decided to make camping on the fairgrounds an offense that could lead to ejection.

The changes to Article 7 are designed to limit the number of pages required for the rule. The Board opted to remove the text of the IAFE's National Code of Show Ring Ethics. Because this code had not been incorporated since 1997, the Board also incorporated the most recent version of the ethics.

Article 8 incorporates the creation of the Fair's Premium Books into State Fair Authority's rules. The Premium Books dictate methods of entry, rules of competition, premium schedules and all other facts relevant to competition on the grounds, whether that competition be related to livestock, fine arts or any other area. The Board recognized the need to vest these books with the force and effect of law in the event that any competition rule be challenged.

In addition, Article 8 sets out formal requirements for entry into competition. Again, the Board recognized the need to create formal requirements for entry that had the force and effect of law in the event that any requirement be challenged by any competitor.

The Board understands the need to employ the most advanced methods of disease prevention and traceback in order to provide the highest level of protection to Colorado's livestock industry. Over the past few years, the Board has received comment from individuals in the packing industry, concerned lobbyists for a variety of livestock organizations, and the public itself regarding the need for mandatory premises identification on the State Fairgrounds. Since the 2007 Colorado State Fair, the Board has considered methods of implementing premises identification in a consistent and fair manner as it relates to anyone who brings livestock onto the fairgrounds. Article 8.4 provides this consistent approach as to anyone bringing livestock onto the grounds for competition and vests this rule, as with others proposed for adoption, with the force and effect of law.