Colorado Eyes, Postpones Poultry Depopulation Restrictions

DENVER, CO., March 16, 2026 – SB26-123 Prohibit Ventilation Shutdown for Poultry, sponsored by Sen. Lisa Cutter, D-Englewood, and Rep. Elizabeth Velasco, D-Glenwood Springs, sought to prohibit owners of poultry from using ventilation shutdown and ventilation shutdown plus as methods of depopulating their poultry in the case of a disease outbreak.

Colorado Farm Bureau testified against the bill, saying the bill would take away the most humane and practical method of depopulation currently available.

"We do not believe it is good policy and we're not fans of locking animal husbandry standards into statute," Brandon Melnikoff said. "Livestock producers and, most importantly, the state veterinarian, should have the flexibility required to make timely and effective animal health decisions."

BURDENSOME FOR PRODUCERS

Madeline Robertson, Rocky Mountain Farmers Union, also opposed the bill, saying the bill would place undue burdens on producers already facing disease outbreaks and thin margins.

"Senate Bill 123 fails to realize that sometimes during emergencies, difficult decisions must be made to prevent greater suffering," Robertson said.

Jerry Wilkins, past president of the Colorado Egg Producers Association, said Colorado has been among the hardest hit by highly pathogenic avian influenza (HPAI) and each infected premise requires an immediate response directed by USDA Animal and Plant Health Inspection Service Veterinary Services operating within foreign animal disease preparedness and response plans and coordinated with the state veterinarian.

"Delays in response can allow spread to neighboring farms and whenever possible, USDA says an infected flock should be depopulated within 24 hours of positive confirmation of HPAI," he said. "This prevents the virus from spreading to otherwise healthy flocks and prevents lateral spread to other farms and neighboring areas."

Baldwin addressed the Senate Agriculture Committee and said HPAI has affected 11 million domestic poultry in Colorado.

"The decision for depopulation is one that is made between the producer, CDA [Colorado Department of Agriculture] and USDA," she said. "This considers a number of factors to ensure the most humane method of depopulation is utilized, including characteristics of the premise, of the individual barns to be depopulated, availability of equipment and trained personnel, infectious disease concerns, disposal options and human safety."

Baldwin said ventilation shut down has not and will not be used in Colorado. Ventilation shutdown plus heat has been used in limited situations while following American Veterinary Medical Association guidelines for depopulation and USDA guidelines for VSP Plus. She said VSP Plus is used only when no other methods are available and disease response requires expedited depopulation.

Supporters of the bill included the Animal Welfare Institute, whose spokesman, Zach Strong, said the threat of HPAI is not going away, necessitating that depopulation will continue to be used.

"So, the question becomes, how can we plan ahead to ensure that Colorado no longer needs to resort to VSD Plus," Strong said. "If we tell ourselves we'll just keep following the AVMA and USDA guidelines then nothing will change. Colorado will inevitably use VSD Plus again and again."

A number of individuals testified in support, primarily citing the suffering of poultry through the use of VSD Plus.

Sen. Cutter, in closing, called the testimony gut wrenching.

"As many of you know, I don't eat meat, but I do understand how producers might look at animals raised for food differently than I do," she said. "That's the world that we live in. But it is really a sad and shocking realization that these animals before they're used in the food chain just doesn't seem to matter."

She said she hopes new and promising tools for more humane depopulation are being developed.

"Again, we were open to compromise with legislation aimed at working toward other methods, but sadly that just wasn't supported ultimately by stakeholders," Cutter said. "Avian flu has plagued Colorado poultry operations for years. Sadly, depopulation events should not be regarded as unforeseeable emergencies, but as routine aspects of poultry production."

She said the Modernizing Depopulation Act would have set Colorado apart in its commitment to farmed animal welfare through prioritization of more humane depopulation methods and a more modernized approach to disease control.

"There will be a day — I hope — when torturing animals is unacceptable and I'm so disappointed that Colorado will not be leading the way," she said.  

Source: The Fence Post Magazine