Current through Register Vol. 47, No. 17, September 10, 2024
10.1.
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 §
35-33-104(1),
C.R.S. (2008), and §
35-33-206(3),
C.R.S., as enacted in SB 09-117.
PURPOSE:
The purpose of these Permanent Rule Amendments is to adopt
new rules pertaining to the Colorado Slaughter, Processing, and Sale of Meat
Animals Act to comply with the amendments to the Act set forth in SB
09-117.
These Permanent Rule Amendments:
a. Incorporate the Act's new short title
wherever cited in the rules.
b.
Modify the terms "processing facility" to read "custom processing
facility."
c. Establish a license
expiration date of June 30.
d.
Amend references to sections in the Act to refer to amended section
numbers.
e. Delete obsolete rule
definition of "processing" which is now defined in the Act.
f. Add a section to contain the statements of
basis, specific statutory authority and purpose.
g. Remove the rule contained under the Animal
Industry Division section of the CCR at
8 CCR
1201-14 to the Inspection and Consumer Services
Division section of the CCR with a new number of
8 CCR
1202-13 and a new rule title.
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 Slaughter, Processing and
Sale of Meat Animals Act, which resulted in several legislative amendments to
the Act enacted by SB 09-117, effective July 1, 2009, that:
a. Change the title of the Act to the Custom
Processing of Meat Animals Act. These rules reflect the correct short title of
the Act.
b. Specify that the
Commissioner has jurisdiction only over meat processing facilities that perform
custom processing. As used throughout the rules, the term "processing facility"
is amended to read "custom processing facility" in order to clarify that
jurisdiction is only over those facilities that perform custom
processing.
c. Remove the license
expiration date from the Act and require that the Commissioner establish the
date in rule. These rules establish a license expiration date of June
30.
d. Amend some section numbers
in the Act. These rules refer to the amended section numbers.
2. The Commissioner intends to
adopt Emergency Amendments to the Rules on July 1, 2009 at
8 CCR
1201-14 in order to implement the changes to the Act
made by the General Assembly in SB 09-117. These Permanent Rule Amendments will
make permanent those Emergency Rule Amendments.
10.2.
Adopted April 9, 2013 - Effective
July 1, 2014
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of this
permanent rule amendment is set forth in §
35-33-206(3) and
§
35-1-107 (5(a), C.R.S.
PURPOSE:
The purpose of this permanent rule amendment is to amend Part
6.1 to change the expiration date for a license to operate a custom processing
facility 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.
10.3.
Adopted November 9,
2016-Effective December 30, 2016
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of this
permanent rule amendment is set forth in §
35-33-104(1)
§
35-33-201(11),
and §
35-33-202, C.R.S.
PURPOSE:
The purpose of this permanent rule amendment is to:
1. Add labeling and recordkeeping
requirements for poultry processors and strike the word "custom" where
applicable.
2. Update formatting to
be consistent with other Rules within the Department.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of
this permanent rule amendment are as follows:
1. Senate bill 16-058 allows for poultry
processers, licensed or exempt, to sell poultry to individuals so long as
certain regulations regarding labeling and recordkeeping are followed. These
regulations must be defined in rule by the Colorado Department of Agriculture.
the poultry labeling requirements closely follow standard labeling requirements
from the United States Department of Agriculture. Additional input from the
Colorado Department of Public Health and Environment was incorporated to ensure
requirements for poultry processers comport with state regulations for similar
processing facilities.
10.4.
Adopted September 20, 2017 -
Effective November 30, 2017
Statutory Authority
The Commissioner's authority for the adoption of this
permanent rule amendment is set forth in §
35-33-104 C.R.S.
PURPOSE:
The purpose of this permanent rule amendment is to create a
new Part 9 "Disposal of Inedible Waste" to establish requirements for disposal
of inedible waste from wild game processing through retail and wholesale sales;
and move Parts 2.6 and 5.6 that deal with the disposal of inedible waste
generated by processing meat animals to Part 9.
FACTUAL AND POLICY BASIS:
1. The Department of Agriculture conducted a
regulatory review of the Rules Pertaining to the Administration and Enforcement
of the Custom Processing of Meat Animals Act-
8 CCR
1202-13. This regulatory review resulted in the
recommendation that certain existing rules related to the disposal of inedible
waste generated through the processing of meat animals be deleted and
incorporated into a new comprehensive rule.
2. The industry representatives in our
stakeholder review requested a change of existing policy regarding the disposal
of large wild game inedible waste- specifically the disposal of hides, antlers,
and bones from wild game and the possibility to allow for resale of these
products by the processor. Part 9- Disposal of Inedible Waste allows licensed
large wild game processors to sell the hides, antlers, and bones from wild deer
and elk they process to a third party when certain conditions are
met.
10.5.
Adopted
April 10, 2019 - Effective May 30, 2019
Statutory Authority
The Commissioner's authority for the adoption of these
permanent rule amendments is set forth in §
35-33-104(1),
C.R.S.
Purpose
The purpose of these permanent rule amendments is to create
two separate rules, one for the processing and sale of poultry and one for the
processing of large animals. Previously, the record keeping and labeling rules
applicable to the processing and sale of poultry were combined in the rules
applicable to the processing of large animals. Separating the poultry rules
from the large animal rules provides a clear distinction between two types of
processing and will eliminate confusion regarding which rules are applicable
for the two different types of processing.
These Permanent Rule Amendments:
1. Remove the rules applicable to the
processing and sale of poultry because those rules have already been codified
in 8 CCR
1202-16 and are no longer necessary.
Factual and Policy Issues
The factual and policy issues pertaining to the adoption of
these Permanent Rule Amendments are as follows:
The amendments create two separate rule, one for the sale and
processing of poultry and one for the processing of large animals. These
separate rules account for the differences in processing procedures between
poultry and large animals.
