Code of Colorado Regulations
1200 - Department of Agriculture
1202 - Inspection and Consumer Services Division
8 CCR 1202-2 - MEASUREMENT STANDARDS
Part 9 - Statements of Basis, Specific Statutory Authority and Purpose
Current through Register Vol. 47, No. 17, September 10, 2024
The Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1978 to 1986 are no longer in the Department's files.
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 §§ 35-14-107(1)(o), 121(3), C.R.S. (2008), § 35-1-107(5)(a), C.R.S. (2008), § 24-4-103(6) C.R.S., (2008), and §§ 35-14-121(5), 123(1), 123(2)(a), 123(2)(b), and 127(1), C.R.S., as enacted in SB 09-113.
PURPOSE:
The purpose of these Emergency Rule Amendments is to update the rules pertaining to the Measurement Standards Act of 1983 to comply with the amendments to the Act set forth in SB 09-113.
These Amendments:
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 Measurement Standards Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09-113, effective July 1, 2009, that:
2. The existing rule sets forth certification requirements for individuals, but the statute requires the business to obtain the certificate. The amendment clarifies that the requirements for certification of service providers is for the company, not an individual.
3. The Commissioner hereby finds that immediate adoption of these Emergency Rule Amendments is imperatively necessary to comply with the revisions to the Colorado Measurement Standards Act of 1983, §§ 35-14-101 - 134, 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 and certificates thereunder.
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 §§ 35-14-107(1)(o), 121(3), C.R.S. (2008), § 35-1-107(5)(a), C.R.S. (2008), and §§ 35-14-121(5), 123(1), 123(2)(a), 123(2)(b), and 127(1), C.R.S., as enacted in SB 09-113.
PURPOSE:
The purpose of these Permanent Rule Amendments is to update the rules pertaining to the Measurement Standards Act of 1983 to comply with the amendments to the Act set forth in SB 09-113.
These Permanent Rule Amendments:
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 Measurement Standards Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09-113, effective July 1, 2009, that:
2. The existing rule sets forth certification requirements for individuals, but the statute requires the business to obtain the certificate. The amendment clarifies that the requirements for certification of service providers is for the company, not an individual.
3. 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 09-113. These Permanent Amendments will make permanent those Emergency Amendments.
3. Adopted April 9, 2013 - Effective January 1, 2014
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these Permanent Rule Amendments is set forth in § 35-14-107(1)(o) and § 35-1-107(5)(a), C.R.S.
PURPOSE:
The purpose of this Permanent Rule Amendment is to amend Regulation 8 1.1 to change the license expiration date for operation of commercial weighing and measuring devices from June 30 to December 31.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of these Permanent Rule Amendments 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.
4. Adopted June 11, 2014 - Effective July 30, 2014
STATUTORY AUTHORITY:
The Commissioner of Agriculture, is authorized to adopt these permanent rules pursuant to §§ 35-14-107(1)(o), 35-14-123(2)(b), 35-14-123(7), and 35-14-124(5), C.R.S.
PURPOSE:
The specific purposes of these rule changes are as follows:
1. Reformat the rule by changing the term "regulation" to "part" so as to be consistent with other Colorado Department of Agriculture rules.
2. Delete the civil penalty regulation, which will now be set via policy. Existing rule is too stringent and does not allow for consideration of aggravating/mitigating circumstances when a civil penalty is issued.
3. Amend Part 1.1. by removing the apprentice training requirement, which is no longer applicable. Training can be completed by a scale operator.
4. Amend Part 1.2. by removing the unnecessary requirement of an interview to become a certified weigher and add language to clarify that applicants must pass a written exam.
5. Amend Part 2.1. by removing the onerous and difficult to obtain training and experience requirement to become a device service provider. Language in its place has been added that requires applicants pass a written exam in order to become certified.
6. Add language to Part 3 to meet the statutory requirement to create performance requirements for device service providers, including language added to clarify time frame for in-service report submission, require ownership of standards, provide for use of standards not owned by the service provider, require a scale test report for large capacity devices, and specify the information required on a placing in-service report.
7. Add language to Part 4 that clarifies the statutory definition of a commercial weighing and measuring device. Also add language that specifies the scale type to be used for commercial transactions involving total weights of 3 ounces or less.
8. Add language to Part 5 to meet the statutory requirement that mandates rules clarifying the circumstances under which a blue or red tag should be issued for a rejected device.
9. Delete the requirement of what information is needed on a license application, which will now be set in policy.
10. Delete requirements in regard to scale pit depth, and approaches to vehicle scales which are no longer in line with the national model law. The less restrictive requirements set forth in the model law, NIST Handbook 44, will now be used.
FACTUAL AND POLICY ISSUES:
1. During 2008-09 the Department of Regulatory Agencies (DORA) performed a Sunset Review of the Colorado Measurement Standards Act (MSA). The outcome of this process was the amendment of the MSA whereby language was added that required CDA to promulgate rules that specify performance requirements for device service providers, information required on a placing in-service report and criteria under which a blue or red tag will be issued to a rejected device. Thus in order for the Department of Agriculture to comply with these statutory requirements, the proposed rules in 8 CCR 1202-2 have been created. These rules have been drafted with the assistance from representatives of the industry that would be affected by their adoption.
2. Rules that the Department no longer believe to be necessary, or not in accordance with the national model law have been removed.
3. These revisions incorporate changes as a result of the Department's Regulatory Efficiency Review Process conducted in accordance with the Governor's Executive Order D 2012-002.
