Section 35-21-105 - Exemption - rules(1)(a) Except as provided in subsection (2) of this section, a person who produces and sells only on the premises at which the poultry eggs were produced, at a farmers' market, or through a community-supported agricultural organization, less than two hundred fifty dozen poultry eggs per month is exempt from this part 1; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.(b) The commissioner may promulgate rules exempting small producers of other eggs or dealers of other eggs from any provision of this part 1 and setting the conditions for the exemption; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license.(2) A person transporting eggs for sale at a farmers' market or similar venue under subsection (1) of this section shall: (a) Comply with the transport requirements of section 35-21-103(3) and any rules, including rules requiring refrigeration, promulgated under this part 1 regarding the safe transport and washing of eggs; and(b) Affix to the egg package a label containing the address at which the eggs originated and the date on which the eggs were packaged. Any eggs not treated for salmonella must also include the following statement on the package: "Safe Handling Instructions: To prevent illness from bacteria, keep eggs refrigerated, cook eggs until yolks are firm, and cook any foods containing eggs thoroughly. These eggs do not come from a government-approved source."Amended by 2021 Ch. 423,§32, eff. 7/2/2021.Amended by 2020 Ch. 217,§5, eff. 9/14/2020.Amended by 2020 Ch. 159,§5, eff. 6/29/2020.Amended by 2013 Ch. 100,§4, eff. 4/4/2013.L. 65: R&RE, p. 220, § 1. C.R.S. 1963: § 7-9-5. L. 2009: Entire section amended, (SB 09-127), ch. 224, p. 224, §6, effective July 1. L. 2012: Entire section amended, (SB 12-048), ch. 44, p. 44, §7, effective March 15. L. 2013: (2)(b) amended, (HB 13-1158), ch. 319, p. 319, § 4, effective April 4. L. 2020: (1) amended, (HB 20-1211), ch. 712, p. 712, § 5, effective June 29; (1) and (2)(a) amended, (HB 20-1343), ch. 1077, p. 1077, § 5, effective September 14. L. 2021: (1)(b) amended, (SB 21-266), ch. 2805, p. 2805, § 32, effective July 2.Subsection (1) was amended in HB 20-1211. Those amendments were harmonized in part with and superseded in part by the amendment of subsection (1) in HB 20-1343.
For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 16, Session Laws of Colorado 2012.