Current through Register Vol. 47, No. 5, March 10, 2024
The Statements of Basis, Specific Statutory Authority
and Purpose for rulemaking activity from 1996 to 1997 are no longer in the
Department's files.
10.1
Emergency Rule Adopted July 1, 2009 - Effective July 1, 2009
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
Emergency Rule Amendments is set forth in §
35-21-106(1),
C.R.S. (2008), §
24-4-103(6),
C.R.S. (2008), and §§
35-21-104(1), and
104(4)(b)(I), C.R.S.,
as enacted in SB 09-127.
PURPOSE:
The purpose of these Emergency Rule Amendments is to update
the rules pertaining to the Colorado Egg Act to comply with the amendments to
the Act set forth in SB 09-127.
These Amendments:
a.
Replace the terms "retailer" and "wholesaler" with "dealer."
b. Remove recordkeeping requirements for
wholesalers.
c. Establish a license
expiration date of June 30.
d.
Establish egg dealer license categories based upon the average number of cases
of eggs sold per week.
e. Add a
section to contain the statements of basis, specific statutory authority and
purpose.
FACTUAL AND POLICY BASIS:
The factual and policy issues that require the immediate
adoption of these Emergency Rule Amendments are as follows:
1. The Department of Regulatory Agencies
performed a Sunset Review in 2008 of the Colorado Egg Act, which resulted in
several amendments to the Act enacted by the General Assembly in SB 09-127
effective July 1, 2009, that:
a. Eliminate the
terms "wholesalers" or "retailers" from the Act. These terms have been replaced
with "dealer" throughout the rules.
b. Established uniform recordkeeping
requirements for all licensees, making the current recordkeeping requirements
for egg wholesalers in the rule obsolete.
c. Removed the license expiration date from
the Act and required the Commissioner to establish by rule. These rules
establish a license expiration date of June 30.
d. Removed the license categories from the
Act and required the Commissioner to establish them by rule, based upon the
average number of cases of eggs sold per week.
2. The Commissioner hereby finds that
immediate adoption of these Emergency Rule Amendments is imperatively necessary
to comply with the revisions to the Colorado Egg Act, §§
35-21-101 - 108, C.R.S. enacted by
the General Assembly in its 2009 legislative session, which take effect on July
1, 2009. These Emergency Rule Amendments are required to permit the continuous
and uninterrupted administration and enforcement of the Act, including the
issuance of licenses thereunder.
10.2
Adopted July 16, 2009 - Effective
August 30, 2009
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
Permanent Rule Amendments is set forth in §
35-21-106(1),
C.R.S. (2008), and §§
35-21-104(1), and
104(4)(b)(I), C.R.S.,
as enacted in SB 09-127.
PURPOSE:
The purpose of these Permanent Rule Amendments is to update
the rules pertaining to the Colorado Egg Act to comply with the amendments to
the Act set forth in SB 09-127.
These Permanent Rule Amendments:
a. Replace the terms "retailer" and
"wholesaler" with "dealer."
b.
Remove recordkeeping requirements for wholesalers.
c. Establish a license expiration date of
June 30.
d. Establish egg dealer
license categories based upon the average number of cases of eggs sold per
week.
e. Add a section to contain
the statements of basis, specific statutory authority and purpose.
f. Remove obsolete language that is no longer
needed.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
these Permanent Rule Amendments are as follows:
1. The Department of Regulatory Agencies
performed a Sunset Review in 2008 of the Colorado Egg Act, which resulted in
several amendments to the Act enacted by the General Assembly in SB 09-127
effective July 1, 2009, that:
a. Eliminate the
terms "wholesalers" or "retailers" from the Act. These terms have been replaced
with "dealer" throughout the rules.
b. Established uniform recordkeeping
requirements for all licensees, making the current recordkeeping requirements
for egg wholesalers in the rule obsolete.
c. Removed the license expiration date from
the Act and required the Commissioner to establish by rule. These rules
establish a license expiration date of June 30.
d. Removed the license categories from the
Act and required the Commissioner to establish them by rule, based upon the
average number of cases of eggs sold per week.
2. The Commissioner intends to adopt
Emergency Amendments to the Rules on July 1, 2009 in order to implement the
changes to the Act made by the General Assembly in SB 09-127. These Permanent
Rule Amendments will make permanent those Emergency Amendments
10.3
Adopted April
9, 2013 - Effective January 1, 2014
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of this
permanent rule amendment is set forth in §
35-21-104(1) and
§
35-1-107(5)(a),
C.R.S.
PURPOSE:
The purpose of this permanent rule amendment is to amend Rule
6 to change the expiration date for an egg dealer license from June 30 to
December 31.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
this permanent rule amendment are as follows:
1. This change is necessary to allow the
Department to consolidate licensing functions to one time per year for all
licenses issued by the ICS Division.
2. The Department of Agriculture is moving
its licensing functions from a paper based system to an online system. To
accommodate licensee's who hold multiple licenses with the Department of
Agriculture, we are establishing a common licensing date so a licensee can
obtain all their licenses in one transaction.
10.4
Adopted September 17, 2014 -
Effective November 14, 2014
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these
permanent rule amendments is set forth in §
35-21-106(1),
§
35-21-104(1), and
§
35-21-104(4)(b)(I),
C.R.S.
THE PURPOSE OF THIS RULEMAKING IS TO:
1. Adopt a new Rule 1.1.2 to exempt
registered USDA egg handlers from the temperature requirements of Rule
1.1.1.
2. Adopt a new Rule 2.2 to
specify egg washing requirements for Class I Dealers.
3. Adopt a new Rule 3.1.4 to allow egg
producers to use their Colorado Department of Agriculture business
identification number on egg cartons.
4. Adopt Rule 3.4.1 to exempt Class I Dealers
selling eggs at farmer's markets and community sustainable agriculture
organizations from grading requirements.
5. Remove obsolete language that is no longer
needed.
6. Adopt a new Rule 4.3 to
specify the egg repacking requirements for retail dealers.
7. Amend Rule 7.1 to clarify the maximum
number of egg cases that a Class I Dealer may produce and sell.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
these Permanent Rule Amendments are as follows:
1. The Department of Agriculture conducted a
regulatory review of these Rules as part of the Department's Regulatory
Efficiency Review Process conducted in accordance with the Governor's Executive
Order D 2012-002. This review resulted in the above changes to the
rules.
2. Egg production is
regulated by two distinct agencies, the USDA and the Colorado Department of
Agriculture. Both agencies have separate regulations. The USDA regulates
chicken flocks of greater than 3,000 hens and the Colorado Department of
Agriculture regulates flocks of fewer than 3,000 hens. The USDA and the
Colorado egg rules have different egg storage and transportation temperature
requirements. Rule 1.1.2 eliminates this temperature conflict for large flock
producers.
3. Currently small flock
egg producers (fewer than 3,000 hens) are not required to wash and sanitize
their eggs. Washing and sanitizing eggs will promote public health by reducing
the risk of disease.
4. The
Colorado Department of Agriculture business identification number was not
available when the current rule was adopted. Rule 3.1.4 provides an additional
method to identify the egg producer on the egg carton.
5. Generally most consumers buying eggs at
farmer's markets and from community sustainable agriculture organizations are
not concerned about the grade of egg but like to buy form a local producer. In
addition most small egg producers lack the necessary equipment and training to
properly grade their eggs. Rule 3.4.1 will exempt these producers from the egg
grading requirements.
6. The
current Rule 4.2 was adopted many years ago when it was common to sell
fertilized eggs. Fertile eggs are no longer desired and the production of
fertile eggs is considered an unacceptable production practice. Therefore the
egg carton labelling requirement is obsolete and is no longer needed.
7. Eggs can be damaged (broken or cracked)
during shipping and handling at retail stores. Repacking eggs provides a way
for retail egg dealers to sell the eggs instead of discarding the entire carton
of eggs.
8. Current Class I Dealers
produce and sell fewer than 2 cases of eggs per week. This amendment increases
the number of cases produced and sold to 40 per week. This equates to a flock
of a little fewer than 3,000 laying hens. The USDA registers and inspects
producers with more than 3,000 laying hens. Amended Rule 7.1 ensures that all
egg producers are inspected by the Colorado Department of Agriculture or by the
USDA.
10.5
Adopted
April 14, 2021 - Effective June 15, 2021
STATUTORY AUTHORITY
The Commissioner's authority for the adoption of these
permanent rule amendments is set forth in § 35--21-106(1), C.R.S.
THE PURPOSE OF THIS RULEMAKING IS TO:
Implement the recommendations from the 2019 Egg Dealers
Sunset Report from the Colorado Department of Regulatory Agencies. More
specifically, this rulemaking broadens the regulations to cover non-chicken
eggs from avian species and adjusts temperature requirements to align with USDA
regulations.
FACTUAL AND POLICY BASIS:
The 2019 Egg Dealers Sunset Report from the Colorado
Department of Regulatory Agencies recommended changes that required rule
changes. In addition, these rules address changes required as a result of the
Egg Dealer Act found in HB20-1211. These changes included adding the regulation
of non-chicken eggs from avian species and authorizing relevant rulemaking
authority related to non-chicken eggs. The proposed rule changes give effect to
the 2019 Sunset recommendations.
