DEPARTMENT OF AGRICULTURE Inspection and Consumer Services Division RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO EGG LAW 8 CCR 1202-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ General and Specific Authority: C.R.S. § § 35-21-106(1) and 35-21-103 (2)

1.0 TEMPERATURE REQUIREMENTS

1.1 TEMPERATURE REQUIREMENTS

a. Every dealer shall store, display, transport or otherwise maintain shell eggs at an ambient temperature of no more than forty-one degrees Fahrenheit (41°F), and no less than thirty-three degrees Fahrenheit (33°F).

1.2 TEMPERATURE REQUIREMENTS FOR DELIVERY TRUCKS

a. Except as provided in subsection b. below, delivery trucks used for the transportation of shell eggs shall be equipped with a refrigeration unit capable of delivering refrigerated air to the cargo area to maintain the eggs at an ambient temperature of no more than forty-one degrees Fahrenheit (41°F), and no less than thirty-three degrees Fahrenheit (33°F).

b. Any person transporting for resale not more than two (2) cases of shell eggs (totaling not more than sixty dozen eggs) shall transport such eggs using equipment in the cargo space of the delivery vehicle that will maintain the eggs at an ambient temperature of no more than forty-one degrees Fahrenheit (41°), and no less than thirty-three degrees Fahrenheit (33°F).

2.0 SANITATION REQUIREMENTS

2.1 DEALER REQUIREMENTS

Every dealer shall store, display, transport or otherwise maintain shell eggs in a clean and sanitary environment, free from any substance or condition that could adulterate or otherwise adversely affect the wholesomeness, quality, or taste of the eggs by absorption of bacteria or odors, or by any other means.

3.0 LABELING REQUIREMENTS

The following labeling requirements apply to all eggs offered for sale or sold to consumers, restaurants, and manufacturers:

3.1 PRODUCER IDENTIFICATION

Every case, carton or, container of shell eggs at the time of packing shall have legibly imprinted thereon, in letters and numerals not less than one-eighth inch in height, one (1) of the following means of identification:

1. a. The name and address of the producer or person who packed the eggs; Code of Colorado Regulations 1 b. The United States Department of Agriculture's plant number or shell egg surveillance registration number; or c. The egg license number issued to the packer by another state, preceded by the abbreviated name of such state, using the two-letter state abbreviations customarily used for sending mail through the United States Postal Service (e.g., AL-Alabama, AK-Alaska, AZ-Arizona, etc.).

3.2 PACK DATE REQUIREMENTS

Every case, carton, or container of shell eggs at the time of packing shall have legibly printed thereon, in numerals not less than one-eighth inch in height, the date the eggs are first packed, which shall be referred to in these rules as the "pack date." The pack date shall be stated numerically by month and day (e.g., 1/15), or by the numbered consecutive day of the year (e.g., 123, being the 123rd consecutive day of the year).

3.3 SELL-BY DATE REQUIREMENTS

Every case, carton, or container of shell eggs may, but need not have legibly printed thereon, in letters and numerals not less than one-eighth inch in height, a date by which the eggs must be sold, which shall be referred to in these rules as the "sell-by date." The sell-by date shall be no more than 30 days after the pack date. It shall be stated by month and day using the three-letter abbreviation of the month followed by the numerical day of the month (e.g., Jan 15), and preceded by the term SELL BY or EXP.

3.4 SIZE AND GRADE REQUIREMENTS

Every case, carton or container of shell eggs at the time of packing shall have clearly imprinted thereon, in letters not less than one-fourth inch in height, the grade and the weight designation as specified in section 35-21-102(2), C.R.S.

4.0 SALE REQUIREMENTS

4.1 AGE OF EGGS

No shell eggs may be offered for sale or sold to a consumer or restaurant more than 45 days after the pack date.

4.2 FERTILE EGGS

It is unlawful for any person to sell or offer to sell shell eggs labeled as "fertile" unless at least seventy-five percent of the eggs in the case, carton, or container offered for sale are actually fertile as determined by candling, incubation, or any other means, including breaking one or more eggs for physical examination.

4.3 CONTAINERS

It is unlawful for any person to sell or offer for sale shell eggs in any case, carton, or container on which there is evidence of adhering filth or contamination on the inside or outside thereof, or in any case, carton, or container on which there is printed, stamped, or affixed any trademark, design, or other identification of any person other than the person selling such eggs.

5.0 STOP SALE NOTICES

5.1 DISPOSITION OF SHELL EGGS MORE THAN 45 DAYS AFTER PACK DATE

Code of Colorado Regulations 2 Eggs withdrawn from being offered for sale after the expiration of 45 days after the pack date may be returned to a packer for shipment to an egg breaking plant.

5.2 DISPOSITION OF BELOW-STANDARD SHELL EGGS

Shell eggs offered for sale by any dealer found to be below the minimum standards and requirements of quality and/or weight for the grade and size labeled, shall be withdrawn from being offered for sale at the time of inspection, pursuant to section 35-21-106(2), C.R.S.

5.3 UNLICENSED DEALERS

Shell eggs offered for sale by any dealer who is not licensed under the Colorado Egg Law, sections 35- 21-101 through 35-21-108, inclusive, C.R.S., may be withdrawn from being offered for sale until such person obtains a validly issued license under said law, and is otherwise in compliance with all of the provisions of the Egg Law and these rules.

6. DEALER LICENSE EXPIRATION DATE The expiration date for an egg dealer license shall be December 31.

7. DEALER LICENSE CATEGORIES The license categories for dealers are based on the average number of cases of eggs (30 dozen per case) sold per week during the previous 12 months.

Dealer categories are as follows:

1. 1. Class I – produces and sells < 2 cases per week and is otherwise exempt under §35-21-105, C.R.S.;
2. 2. Class II – sells up to and including 0.5 cases per week;
3. 3. Class III – sells over 0.5 and up to and including 2 cases per week;
4. 4. Class IV – sells over 2 cases and up to and including 25 cases per week;
5. 5. Class V – sells over 25 cases and up to and including 100 cases per week;
6. 6. Class VI – sells over 100 cases and up to and including 500 cases per week;
7. 7. Class VII – sells over 500 cases per week.

The average number of cases of eggs sold per week shall be calculated by dividing the total number of cases of eggs sold during the previous 12 months by the number of weeks the dealer sold eggs during that same period. If an applicant for a dealer license has not sold eggs during the previous 12 months, a class II license shall be required.

8. – 9. RESERVED 10. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE The Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1996 to 1997 are no longer in the Department’s files.

10.1 Emergency Rule Adopted July 1, 2009 – Effective July 1, 2009

Code of Colorado Regulations 3 STATUTORY AUTHORITY:

The Commissioner's authority for the adoption of these Emergency Rule Amendments is set forth in § 35-21-106(1), C.R.S. (2008), § 24-4-103(6), C.R.S. (2008), and § §35-21-104(1), and 104(4)(b)(I), C.R.S., as enacted in SB 09-127.

The purpose of these Emergency Rule Amendments is to update the rules pertaining to the Colorado Egg Act to comply with the amendments to the Act set forth in SB 09-127. These Amendments:

1. a. Replace the terms "retailer" and "wholesaler" with "dealer." b. Remove recordkeeping requirements for wholesalers.
2. c. Establish a license expiration date of June 30.
3. d. Establish egg dealer license categories based upon the average number of cases of eggs sold per week.
4. e. Add a section to contain the statements of basis, specific statutory authority and purpose. The factual and policy issues that require the immediate adoption of these Emergency Rule Amendments are as follows:

1. The Department of Regulatory Agencies performed a Sunset Review in 2008 of the Colorado Egg Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09-127 effective July 1, 2009, that:

1. a. Eliminate the terms "wholesalers" or "retailers" from the Act. These terms have been replaced with "dealer" throughout the rules.
2. b. Established uniform recordkeeping requirements for all licensees, making the current recordkeeping requirements for egg wholesalers in the rule obsolete.
3. c. Removed the license expiration date from the Act and required the Commissioner to establish by rule. These rules establish a license expiration date of June 30.
4. d. Removed the license categories from the Act and required the Commissioner to establish them by rule, based upon the average number of cases of eggs sold per week.

2. The Commissioner hereby finds that immediate adoption of these Emergency Rule Amendments is imperatively necessary to comply with the revisions to the Colorado Egg Act, § §35-21-101 – 108, C.R.S. enacted by the General Assembly in its 2009 legislative session, which take effect on July 1, 2009. These Emergency Rule Amendments are required to permit the continuous and uninterrupted administration and enforcement of the Act, including the issuance of licenses thereunder.

10.2 Adopted July 16, 2009 – Effective August 30, 2009

STATUTORY AUTHORITY:

Code of Colorado Regulations 4 The Commissioner's authority for the adoption of these Permanent Rule Amendments is set forth in § 35- 21-106(1), C.R.S. (2008), and § § 35-21-104(1), and 104(4)(b)(I), C.R.S., as enacted in SB 09-127. The purpose of these Permanent Rule Amendments is to update the rules pertaining to the Colorado Egg Act to comply with the amendments to the Act set forth in SB 09-127. These Permanent Rule Amendments:

1. a. Replace the terms "retailer" and "wholesaler" with "dealer." b. Remove recordkeeping requirements for wholesalers.
2. c. Establish a license expiration date of June 30.
3. d. Establish egg dealer license categories based upon the average number of cases of eggs sold per week.
4. e. Add a section to contain the statements of basis, specific statutory authority and purpose.
5. f. Remove obsolete language that is no longer needed.

The factual and policy issues pertaining to the adoption of these Permanent Rule Amendments are as follows:

1. The Department of Regulatory Agencies performed a Sunset Review in 2008 of the Colorado Egg Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09-127 effective July 1, 2009, that:

1. a. Eliminate the terms "wholesalers" or "retailers" from the Act. These terms have been replaced with "dealer" throughout the rules.
2. b. Established uniform recordkeeping requirements for all licensees, making the current recordkeeping requirements for egg wholesalers in the rule obsolete.
3. c. Removed the license expiration date from the Act and required the Commissioner to establish by rule. These rules establish a license expiration date of June 30.
4. d. Removed the license categories from the Act and required the Commissioner to establish them by rule, based upon the average number of cases of eggs sold per week.

2. The Commissioner intends to adopt Emergency Amendments to the Rules on July 1, 2009 in order to implement the changes to the Act made by the General Assembly in SB 09-127. These Permanent Rule Amendments will make permanent those Emergency Amendments.

10.3 Adopted June 11, 2013 – Effective January 1, 2014

STATUTORY AUTHORITY:

The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-21- 104(1) and § 35-1-107(5)(a), C.R.S.

Code of Colorado Regulations 5 The purpose of this permanent rule amendment is to amend Rule 6 to change the expiration date for an egg dealer license from June 30 to December 31.

The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:

1. This change is necessary to allow the Department to consolidate licensing functions to one time per year for all licenses issued by the ICS Division.

2. The Department of Agriculture is moving its licensing functions from a paper based system to an online system. To accommodate licensee’s who hold multiple licenses with the Department of Agriculture, we are establishing a common licensing date so a licensee can obtain all their licenses in one transaction. _________________________________________________________________________ Editor's Notes History Sections 1, 2, 4, 5 – 10 emer. rules eff. 07/01/2009.

Entire rule eff. 08/30/2009.

Sections 6, 10.2 – 10.3 eff. 01/01/2014.

Code of Colorado Regulations 6