Current through Register Vol. 47, No. 17, September 10, 2024
17.1.
Adopted April 10, 2001 -
Effective May 30, 2001
STATUTORY AUTHORITY:
The Commissioner of Agriculture, Colorado Department of
Agriculture, adopts these permanent rules pursuant to the provisions and
requirements of the Colorado Commercial Feed Law, § 35-60- 109(1), C.R.S.
(2000).
PURPOSE:
The purpose of these rules is to comply with the requirements
of the Colorado Commercial Feed to provide specific guidelines for the
manufacture, labeling and distribution of commercial feed.
These rules are designed to:
- Set standards for the correct labeling of livestock and pet
food.
- Set standards for good manufacturing practices for
medicated livestock feed.
FACTUAL AND POLICY ISSUES:
The factual and policy issues encountered in the proposal of
these permanent rules are as follows:
1. The Colorado Commercial Feed Law was
repealed and reenacted effective January 1, 2000. That statute requires the
Commissioner to adopt the Official Definitions of Feed Ingredients and Official
Feed Terms adopted by the Association of American Feed Control Officials, Inc.
(AAFCO), as published in the official publication of such
association.
2. These new, revised
rules are based upon national standard (model) regulations developed by AAFCO,
a nation-wide group of regulatory officials. They are specifically for the
purpose of promoting standardization between states for the animal feed
industry.
3. Over 30% of the states
have adopted the AAFCO model regulations. These rules are widely accepted by
Colorado and national feed companies. Adoption of these rules would help to
ensure uniform labeling requirements.
4. The Department met with the Colorado Grain
and Feed Association's (CFGA) Feed Committee throughout the rule drafting
process. The CGFA supports these new rules and regulations.
5. Two sets of rules are needed, one for
livestock feed, the other for pet food. Livestock feed rules are specific to
matters regarding production, animal growth and weight gain, and use of
medications in feed. Pet food rules employ separate criteria for complete and
balanced nutrition and provide regulatory guidance for advertising and claims
frequently found on pet food labels.
17.2.
Emergency Rule Adopted October
19, 2006 - Effective October 19, 2006
STATUTORY AUTHORITY:
These emergency amendments to the Rules Pertaining to the
Administration and Enforcement of the Colorado Commercial Feed Law,
§§
35-60-101 - 115, C.R.S., are
proposed for adoption by the Commissioner pursuant to his authority in Section
35-60-109(1),
C.R.S.
PURPOSE:
The purposes of these emergency amendments to the rules are
as follows:
(a) To specify in rule
that all information required or requested by the Commissioner, including
lawful presence documentation required under Section
24-76.5-103, C.R.S., must be
complete and accurate, and to specify the legal consequences of noncompliance
with this rule.
(b) To document and
record the statements of statutory authority, basis and purpose for these
rules.
Factual Basis:
(a) On
August 1, 2006, Section
24-76.5-103, C.R.S., took effect
following its enactment in House Bill 06S-1023 by the General Assembly in the
July, 2006, special legislative session.
(b) Currently, neither the Commercial Feed
Law nor its associated rules specify that individuals who apply for
registrations must comply with the verification documentation requirements of
Section 24-76.5-103, C.R.S.
(c) These emergency rules are necessary to
provide the Commissioner with specific legal authority to deny applications for
registration or renewal of existing registrations from natural persons who do
not provide sufficient documentation to comply with Section
24-76.5-103, C.R.S., and to revoke
existing registrations if the information provided in connection with an
application is later proven to be false.
(d) These emergency rules are necessary to
fulfill the purposes described above prior to the adoption of permanent rules
to that effect.
17.3.
Adopted November 13, 2006 - Effective January 1, 2007
STATUTORY AUTHORITY:
These permanent amendments to the Rules Pertaining to the
Administration and Enforcement of the Colorado Commercial Feed Law,
§§
35-60-101 - 115, C.R.S., are
proposed for adoption by the Commissioner pursuant to his authority in Section
35-60-109(1),
C.R.S.
PURPOSE:
The purposes of these permanent amendments are as
follows:
(a) To specify in a permanent
rule that all information required or requested by the Commissioner, including
lawful presence documentation required under Section
24-76.5-103, C.R.S., must be
complete and accurate, and to specify the legal consequences of noncompliance
with this rule.
(b) To document and
record the statements of statutory authority, basis and purpose for these
rules.
Factual Basis:
(a) On
August 1, 2006, Section
24-76.5-103, C.R.S., took effect
following its enactment in House Bill 06S-1023 by the General Assembly in the
July, 2006, special legislative session.
(b) On October 19, 2006, the Commissioner
adopted emergency rules specifying that individuals who apply for registrations
under the Commercial Feed Law must comply with the verification documentation
requirements of Section
24-76.5-103, C.R.S.
(c) These permanent amendments to the rules
are necessary to provide the Commissioner with specific legal authority,
following the expiration of the emergency rules adopted on October 19, 2006, to
deny applications for registration or renewal of existing registrations from
natural persons who do not provide sufficient documentation to comply with
Section 24-76.5-103, C.R.S., and to revoke
existing registrations if the information provided in connection with an
application is later proven to be false.
(d) These permanent amendments to the rules
are necessary to make permanent the provisions of the emergency rules adopted
by the Commissioner on October 2, 2006.
17.4.
Adopted November 1, 2007 -
Effective December 30, 2007
STATUTORY AUTHORITY:
These amendments are proposed for adoption by the
Commissioner pursuant to his authority in section
35-60-109(1),
C.R.S.
PURPOSE:
The purposes of these amendments are as follows:
(a) To amend the name of the Act used in the
Rules to correspond with the new name adopted under Senate Bill
07-207.
(b) Remove the definition
of "contract feeder."
(c) To
clarify the reporting requirements associated with the respective distribution
fees.
(d) To specify the due date
of the distribution fees and report.
(e) To specify the expiration date of a
commercial feed registration.
(f)
To amend the listing of guarantees from an "as fed" basis to an "as is"
basis.
(g) Update the references to
the official publications of the Association of American Feed Control Officials
(AAFCO) incorporated by reference to the 2007 version.
(h) To correct typographical
errors.
Factual Basis:
(a)
On May 22, 2007, the Colorado Commercial Feed Law was amended by Senate Bill
07-207. The title of the law was amended to the Colorado Feed Law.
(b) The registration expiration date and the
filing date for distribution fees and reports were removed from the Colorado
Feed Law. The rules maintain the existing date for the submission of
distribution reports and fees, and establish a new expiration date for feed
registration to coincide with the distribution due date. This change will allow
industry to file both reports at one time.
(c) A new definition for "contract feeder"
was adopted in the Colorado Feed Law which supersedes the current rule
definition.
(d) The current rules
require the guaranteed analysis to be listed on an "as fed" basis. The AAFCO
national standard requires it be listed on an "as is"
basis.
17.5.
Adopted February 11, 2015 - Effective March 30, 2015
The Commissioner's authority for the adoption of these
permanent Rule amendments is set forth in Sections
35-60-102(2) and
35-60-109(1),
C.R.S.
The Purpose of this rulemaking is to:
1. Edit Part 1 Legal Authority to include all
rulemaking authority in 35-60, C.R.S.
2. Update the references throughout the Rules
to the official publication of the Association of American Feed Control
Officials (AAFCO) incorporated by reference to the 2015 version.
3. Edit commercial feed definition Part 2.3.
for clarity.
4. Add Part
4.1.4.11.6. to specify a labeling exemption to allow manufacturers of wild bird
seed products to use a composition statement instead of a guaranteed analysis
statement.
5. Remove Section
(5)(III) "In lieu of ingredient statement."
6. Remove "pet food" from Part 11.1.6.
Adulterants
7. Change the date in
Part 15 and Part 16.2. for registrations and the due date for small package
distribution reports and fees to December 31st.
8. Correct typographical errors.
9. Reformat Rules to meet new rulemaking
guidelines.
Factual and Policy Issues:
The factual and policy issues encountered in the proposal of
these permanent rules are as follows:
1. The previous version of these Rules did
not include the rulemaking authority under
35-60-102(2),
C.R.S.
2. Numerous changes to the
AAFCO publication have occurred since the printing of the 2007 version which is
referenced in the Rules. This change will make our Rules more consistent with
other states' feed Rules
3.
Purchasers of wild bird seeds are generally more interested in the composition
of the seed mix rather than nutritional guarantees. This voluntary change in
labeling will allow manufacturers the option of using a composition statement
to convey that information.
4. The
option of filing an ingredient list with the state in lieu of listing the
ingredients on the label makes it more difficult for the public to know what is
in the feed that they purchase. This option has not been exercised by feed
manufacturers in Colorado in many years,
5. Pet food adulterants are now covered in
the Pet Food Rules (8 CCR 1202-7) and no longer
needs to be addressed in this Rule.
6. The Colorado Department of Agriculture
license and registration expiration dates have been moved to the calendar year
in order to consolidate licensing for the Department.
7. These amendments incorporate changes as a
result of the Department's Regulatory Efficiency Review Process.
17.6.
Adopted February 10,
2016 - Effective March 30, 2016
The Commissioner's authority for the adoption of this
permanent Rule amendment is set forth in Section
35-60-109(1),
C.R.S.
The Purpose of this rulemaking is to:
1. Add Part 3.1.9 to include the requirement
of the date of manufacture, processing, packaging, or repackaging or a code
that permits the determination of the date to be included in the
label.
Factual and Policy Basis
The factual and policy issue pertaining to the adoption of
this permanent Rule amendment is as follows:
1. The date of manufacture, processing,
packaging, or repackaging or a code that permits the determination of the date
as required in Section
35-60-106(1)(g),
C.R.S., is being added to the Rule so that the Rule will contain the complete
requirements for labeling an animal feed product.
17.7.
Adopted November 9, 2016 -
Effective December 30, 2016
The Commissioner's authority for the adoption of this
permanent Rule amendment is set forth in §
35-60-103(1),
§
35-60-105(3)(a),
and §
35-60-105(4),
C.R.S.
The Purpose of this rulemaking is to:
Change the date in Part 15 and Part 16.2 for registrations
and the due date for small package distribution reports and fees to January
31st.
Factual and Policy Basis
The factual and policy issue pertaining to the adoption of
this permanent Rule amendment is as follows:
1. Currently, feed registrants have to log
into the Department's licensing system at separate times of the year to
complete the registration and reporting process. This can be burdensome to
registrants and be prone to mistakes.
2. After consulting with industry
stakeholders, the Department has proposed to synchronize all deadlines
associated with the larger registration process to make the process more
efficient for registrants.
17.8.
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 §
35-60-109(1)
C.R.S.
Purpose
The Purpose of this rulemaking is to update the references to
the current publication of the Association of American Feed Control Officials;
add "Neutral Detergent Fiber" to the list of nutrient guarantees; remove the
required minimum zinc guarantee for Swine; add required minimum Acid Detergent
Fiber and Neutral Detergent Fiber guarantees for Equines; add Quantity
Statement requirements for clarity; and add requirements for guarantees of
dietary starch and fructans.
Factual and Policy Basis
1. Numerous changes to the AAFCO Official
publication have occurred since the printing of the 2015 version which is
referenced in the rules. The change to the 2017 version is reflected throughout
the rule. Updating the rule to follow the 2017 AAFCO Model regulations will
make our rules more consistent with other states' feed rules. This is reflected
by the changes to Part 4.1.4. Guarantees, Part 4.1.8 Quantity Statements, and
Part 5.12. Guarantees for Dietary Starches.
2. These amendments incorporate changes as a
result of the department's regulatory efficiency review process.
17.9.
Adopted October 14,
2020 - Effective December 15, 2020
Statutory Authority
The Commissioner's authority for the adoption of this
permanent Rule amendment is set forth in §
35-60-109(1)
C.R.S.
Purpose
The purpose of this rulemaking is to update the language
required by §
24-4-103 (12.5), C.R.S., to
properly incorporate the AAFCO Official Publication, effective January 1, 2017,
by reference, update the location where materials incorporated by reference are
stored and may be viewed.
Factual and Policy Issues
Section 24-4-103 (12.5), C.R.S., requires specific language
to properly incorporate a publication by reference. This rulemaking ensures the
rules meet those statutory requirements, and updates the current address for
the Inspection and Consumer Services Division within the Department of
Agriculture, which changed in October 2018. The Division of Inspection and
Consumer Services relocated during October of 2018. The current version of this
rule lists the previous division address as the location where materials
incorporated by reference are located and may be viewed. The purpose of this
rulemaking is to update the Rule to include the new address where these
materials will be stored and may be viewed.
17.10.
Adopted October 12, 2022 -
Effective December 15, 2022
Statutory Authority
The Commissioner's authority for the adoption of this
permanent Rule amendment is set forth in §
35-60-109(1)
C.R.S.
Purpose
The purpose of this rulemaking is to update the references to
the 2022 publication of the Association of American Feed Control
Officials.
Factual and Policy Basis
1. Numerous changes to the AAFCO Official
publication have occurred since the printing of the 2017 version which is
currently referenced in the rules. The change to the 2022 version is reflected
throughout the rule. Updating the rule to follow the 2022 AAFCO Model
regulations will make our rules more consistent with other states' feed
rules.
2. These amendments
incorporate changes as a result of the department's regulatory efficiency
review process.
