Current through Register Vol. 47, No. 17, September 10, 2024
18.1.
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repealed and reenacted effective January 1, 2000.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.
18.2.
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) To amend the listing of
guarantees from an "as fed" basis to an "as is" basis.
(c) Modify the definition of "pet."
(d) Update the references to the official
publications of the Association of American Feed Control Officials (AAFCO)
incorporated by reference to the 2007 version.
(e) To add section 14 to contain the
Statements of Basis, Specific Statutory Authority and Purpose.
(f) 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 current rules require the guaranteed
analysis to be listed on an "as fed" basis. The AAFCO national standard
requires it to be listed on an "as is" basis.
(c) The AAFCO national standard definition of
"pet" means dog or cat.
18.3.
Adopted February 11, 2015 -
Effective March 30, 2015
The Commissioner's authority for the adoption of these
permanent Rule amendments is set forth in Section
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. Add Part 2.3 to specify the commodities
that are exempted from the definition of "commercial feed", and to define when
that exemption does not apply.
4.
Edit Part 2.15 and 2.18 for clarity.
5. Add Part 3.9 to specify raw pet food
labeling requirements to include safe handling directions on the
label.
6. Amend Part 4.2.1 product
name requirements for pet foods to give manufacturers more flexibility when
using the "95% rule."
7. Amend Part
4.2.2 for clarity and uniformity.
8. Add Part 5.10 to specify labeling
exemptions for pet food items made from animal skin and/or cartilage to allow
these products to be distributed without a guaranteed analysis
statement.
9. Add Part 13
(adulterants), Part 15 (false or incomplete information), Part 16 (commercial
feed registration), and Part 17 (distribution fees-reports).
10. Correct typographical errors.
11. Reformat Rules to meet new rulemaking
guidelines.
Factual and Policy Basis
The factual and policy issues pertaining to the adoption of
these permanent Rule amendments are as follows:
1. The previous version of these Rules did
not include the rulemaking authority under Section
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. This
Rule needed to be added to make the Pet Food Rules a stand-alone set of
Rules.
4. Raw pet food safe
handling labeling requirements are needed to ensure the safe use of these type
products.
5. When the Rule was
originally drafted, manufacturers typically only used meat ingredients in the
product name. Current pet food products incorporate many ingredients that,
under the current Rule, cannot be used as part of the product name. This change
will allow manufacturers more flexibility with naming products.
6. The industry standard for labeling of
rawhide pet treats does not include a guaranteed analysis statement. This
eliminates the need for national distributors to re-label their
products.
7. Parts 13, 15, 16 and
17 were previously sub-Rules under 1202-6 (Rules for Commercial Feed). Parts
13, 15, 16, and 17 have been copied from
8 CCR
1202-6 and duplicated in
8 CCR
1202-7 (Rules for Pet Food) in order to make the Pet
Food Rules a stand-alone set of rules.
8. These amendments incorporate changes as a
result of the Department's Regulatory Efficiency Review
Process.
18.4.
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 a pet food product.
18.5.
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 16 and Parts 17.2 for registrations
and the due date for small package distribution reports and fees to January
31st.
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.
18.6.
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 references
throughout the Rules to the official publication of the Association of American
Feed Control Officials (AAFCO) incorporated by reference to the 2017 version;
clarify net quantity labeling requirements; update nutritional adequacy
requirement labeling for dogs; update calorie content labeling requirements;
and clarify the quantity of certain pathogenic organisms that are adulterants
in pet food and harmful to human health.
Factual Policy and Issues
1. Numerous changes to the AAFCO 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 3.1.3. Quantity Statement, Part 8.3. Nutritional Adequacy
Statements, and Part 10.1.5. Calorie Content Statements.
2. Due to the safety concerns related to
humans handling pet foods containing salmonella, listeria monocytogenes and e.
coli o157:h7, this change to Part 13.1.1. clarifies that these pathogens are
adulterants in any detectable amount.
3. These amendments incorporate changes as a
result of the department's regulatory efficiency review process.
18.7.
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.
18.8.
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 references
throughout the Rules to the official publication of the Association of American
Feed Control Officials (AAFCO) incorporated by reference to the 2022
version.
Factual Policy and Issues
1. Numerous changes to the AAFCO publication
have occurred since the printing of the 2017 version which is 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.
