8 Colo. Code Regs. § 1202-17, pt. 27
Statutory Authority
The Commissioner of Agriculture adopts these rules pursuant to § 35-77-106(1), C.R.S.
Purpose
The Purpose of this rulemaking is to define the administration and enforcement of the Colorado Produce Safety Act, §§ 35-77-101 through 111, C.R.S. These rules incorporate 21 CFR 112, "Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption," define Colorado registration requirements and timelines, and establish confidentiality protections for farm records and registrants.
Factual and Policy Basis
House Bill 19-1114, Colorado's Produce Safety Act, was passed by the General Assembly and signed into law by Governor Polis in 2019. The Act, codified in §§ 35-77-101 through 111, C.R.S., authorized the creation of a program within the Department, in lieu of the FDA, to regulate the safe production, handling, packing and storage of produce as defined in 21 CFR Part 112. This rulemaking provides definitions, references and rules to assist in the administration and enforcement of Colorado's Produce Safety Act.
Statutory Authority
The Commissioner of Agriculture adopts these rules pursuant to § 35-77-106(1), C.R.S.
Purpose
The purpose of this rule change is to increase the threshold limit for farms Exempt from the rule.
Factual and Policy Basis
Increased limits allowed for Exempt status are consistent with FDA's annual adjusted for inflation calculations.
Statutory Authority
The Commissioner of Agriculture adopts these rules pursuant to § 35-77-106(1), C.R.S.
Purpose
The purpose of this rule change is to increase the threshold limit for farms Exempt from the rule.
Factual and Policy Basis
Increased limits allowed for Exempt status are consistent with FDA's annual adjusted for inflation calculations.
Statutory Authority
Adoption authority for these rules pursuant to § 35-77-106(1), C.R.S.
Purpose
The purpose of this rule change is to increase the threshold limit for farms Exempt from the rule.
Factual and Policy Basis
Increased limits allowed for Exempt status are consistent with FDA's annual adjusted for inflation calculations.
Statutory Authority
Adoption authority for these rules pursuant to § 35-77-104(2) and 106(1) C.R.S.
Purpose
The purpose of this rule change is to increase the threshold limit for farms Exempt from the rule.
Factual and Policy Basis
Increased limits allowed for Exempt status are consistent with FDA's annual adjusted for inflation calculations.
Statutory Authority
These rules are pursuant to the Commissioner of Agriculture's authority under § 35-77-105 C.R.S.
Purpose
The purpose of this rule change is to incorporate by reference revisions to 21 C.F.R Part 112 Subpart E, published May 6, 2024, which replaces the previous version, published on March 18, 2019.
Factual and Policy Basis
In 2024, the Food and Drug Administration (FDA) set out to revise Subpart E of 21 C.F.R. Part 112, "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption." FDA's revisions replace annual water testing with a more current, water-systems-based assessment. The Department has incorporated this revised subpart to maintain its consistency with FDA's safety and testing requirements related to how produce for human consumption is grown, harvested, packed, and held in Colorado.
8 CCR 1202-17, pt. 27