Code of Colorado Regulations
1200 - Department of Agriculture
1202 - Inspection and Consumer Services Division
8 CCR 1202-17 - RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PRODUCE SAFETY ACT
Part 26 - INSPECTIONS

Universal Citation: 1200 CO Code Regs 26

Current through Register Vol. 47, No. 17, September 10, 2024

26.1 For each registration period and prior to any Routine Regulatory Inspection, a Registrant, or authorized representative, must attest that they understand that they have specific rights regarding a Routine Regulatory Inspection. A registrant's attestation shall be completed in a form established by the Commissioner, referred to as the Notice of Inspection Rights. The form must include attestations that Registrant understands they have the right to:

26.1.1 Receive notification at least five (5) days in advance of a Routine Regulatory Inspection of their farm.

26.1.2 Meet with the Commissioner prior to the start of a Routine Regulatory Inspection to explain ongoing operations and to ask questions about the inspection process.

26.1.3 Escort the Commissioner at all times while observing the registrant's operations.

26.1.4 Discuss any observations of these Produce Safety Rules with the Commissioner away from the production area of the Registrant's operations. The provisions of this section shall not limit the Commissioner's ability to issue a Cease and Desist Order, assess an administrative penalty, or otherwise enforce regulatory provisions at a later date pursuant to C.R.S. § 35-77-108 or C.R.S. § 35-77-110.

26.2 The Commissioner reserves the right to conduct an inspection without the notice specified in 25.1.1 under the following conditions:

26.2.1 The Registrant cannot be reached at the contact information provided at the time of Registration;

26.2.2 The Commissioner wishes to ascertain whether corrections have been made to address a previous violation of these Produce Safety Rules;

26.2.3 The Commissioner has a reasonable belief that the Registrant is in violation of these Produce Safety Rules resulting in a risk to public health.

26.3 Registrants who meet the criteria for a qualified exemption pursuant to Part 3.2 shall not be subject to Routine Regulatory Inspection, but may be subject to limited records inspections to confirm compliance.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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