8 CCR 1202-10
General and Specific Authority: C.R.S. §§ 35-21-106(1) and 35-21-103 (2) REPEAL OF PERMANENT RULES AT 8 CCR 1202-10 (9/96):
All of the permanent rules for the administration and enforcement of the Colorado Egg Law, being Rules
1.0 through 10.2, inclusive, appearing at 8 CCR 1202-10 (9/96), are repealed.
ADOPTION OF NEW PERMANENT RULES:
The following rules for the administration and enforcement of the Colorado Egg Law, §§ 35-21-101 through 35-21-108, inclusive, C.R.S. (1995), are adopted:
1.0 TEMPERATURE REQUIREMENTS
1.1 TEMPERATURE REQUIREMENTS UP TO JANUARY 1, 1998
Every wholesaler and retailer shall at all times store, display, transport or otherwise maintain shell eggs at an ambient temperature of no more than forty-five degrees Fahrenheit (45° F) , and no less than thirty- three degrees Fahrenheit (33° F). (This version of Rule 1.1 shall be effective up to and including January 1, 1998).
1.1 TEMPERATURE REQUIREMENTS AFTER JANUARY 1, 1998
a. Except as provided in subsection b. below, every wholesaler and retailer 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).
b. If at the time this rule becomes effective, any wholesaler or retailer has in use existing equipment that, under normal operating conditions, is not capable of maintaining the maximum ambient temperature of forty-one degrees Fahrenheit (41° F) required by subsection a. above, such existing equipment may continue to be used if it maintains the eggs at a maximum ambient temperature of forty-five degrees Fahrenheit (45° F); provided, however, such existing equipment shall be modified or replaced no later than January 2, 2003 to meet the forty-one degrees Fahrenheit (41° F) maximum ambient temperature requirement in subsection a. above. All new or replacement equipment put into use after January 1, 1998 shall be required to meet the forty-one degrees Fahrenheit (41° F) maximum ambient temperature requirement in subsection a. above. (This version of Rule 1.1 shall be effective on January 2, 1998).
1.2 TEMPERATURE REQUIREMENTS FOR DELIVERY TRUCKS UP TO JANUARY 1, 1998
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-five degrees Fahrenheit (45°) , 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 (totalling 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-five degrees Fahrenheit (45°) , and no less than thirty-three degrees Fahrenheit (33° F). (This version of Rule
1.2 TEMPERATURE REQUIREMENTS FOR DELIVERY TRUCKS AFTER JANUARY 1, 1998
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) ; provided, however, that the provisions of subsection 1.1 b. above relating to the rise, modification, and replacement of equipment snail apply to any refrigeration unit in use at the time this rule becomes effective, or to any such unit thereafter replaced or newly put into use.
b. Any person transporting for resale not more than two (2) cases of shell eggs (totalling 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). (This version of Rule
2.0 SANITATION REQUIREMENTS
2.1 WHOLESALER AND RETAILER REQUIREMENTS
Every wholesaler and retailer 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:
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.
4.4 RECORDKEEPING
Every wholesaler shall furnish an invoice to any buyer of eggs from the wholesaler, showing the name of the seller, the date sold, and the grade and size classification of the eggs sold. A copy of the invoice shall be retained by the buyer and seller of such eggs for a period of one hundred eighty days after receipt of the eggs by the buyer.
5.0 STOP SALE NOTICES
5.1 DISPOSITION OF SHELL EGGS MORE THAN 45 DAYS AFTER PACK DATE
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 retailer or wholesaler, and found to be below the minimum standards and requirements of quality and/or weight for the grade and size labelled, 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 RETAILERS OR WHOLESALERS
Shell eggs offered for sale by any retailer or wholesaler 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.