Statutory Authority:
The Commissioner of Agriculture adopts these rules pursuant to section 35-21-207(2) of the Colorado Revised Statutes.
Purpose:
The purpose of this rulemaking is to comply with the Act created by House Bill 20-1343 by establishing rules concerning the regulation of the production and sale of shell eggs and egg products, the inspection of farms, shell eggs, and egg products, and to ensure shell eggs and egg products sold in Colorado are produced in compliance with the Act.
Factual Policy and Issues:
The Department identified multiple terms that were not defined in the Act. To provide clarity to the regulated community as to the meaning of terms used in these rules, the Department has included definitions in Part 1. After the hearing and public comment, the Department included an additional term to address the regulated community's concern. The Department also added a provision to require any accredited certifying agent to disclose potential conflicts of interest in the shell egg or egg product industry.
The Act requires farm owners and operators document their compliance with the Act. Accordingly, the rules contain certification and recordkeeping requirements for farm owners or operators.
The Act requires business owners and operators who sell or transport for sale shell eggs or egg products in Colorado to retain a copy of the certificate of compliance issued by the commissioner. These rules contain recordkeeping requirements to ensure compliance under the Act.
The Act allows the commissioner to use a private inspection or process verification provider to ensure compliance with the Act. These rules contain requirements and procedures to accredit certifying agents to ensure compliance with the Act during both production and handling of shell eggs and egg products.
8 CCR 1202-19, pt. 12