DEPARTMENT OF AGRICULTURE Inspection and Consumer Services Division RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE FARM PRODUCTS AND COMMODITY HANDLER ACTS, SECTIONS 12-16-101 et seq., C.R.S. 8 CCR 1202-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Section 1 Legal Authority Section 12-16-117(1), C.R.S. and 12-16-210(1), C.R.S.

Section 2 Licensure Dates For the purposes of Part 1 and Part 2 of the Farm Products and Commodity Handler Acts the expiration date for the following licenses shall be the last day of December.

A. Dealer B. Small-volume dealer C. Agent D. Commodity handler Section 3 Capacity of Animal Feeding Operations For the purposes of Part 1 and part 2 of the Farm Products and Commodity Handler Acts, the capacity of an animal feeding operation shall be determined by the total length of the operations feed bunks. In calculating the capacity, each linear foot of feed bunk shall equal one animal. Section 4 Statements of Basis, Specific Statutory Authority and Purpose A. Adopted November 1, 2007 – Effective December 30, 2007 Statutory Authority:

These Rules pertaining to the administration and enforcement of the Farm Products and Commodity Handler Acts, § 12-16-101 - 223, C.R.S., are proposed for adoption by the Commissioner pursuant to his authority in § 12-16-117(1) C.R.S. and § 12-16-210(1), C.R.S. Purpose:

The purposes of these rules are to implement the statutory changes to the Farm Products and Commodity Handler Acts which required the Commissioner to: (1) establish rules to determine the capacity of animal feeding operations; and (2) establish rules to specify the licensure dates of a dealer, small volume dealer, agent, and commodity handler.

Factual Basis:

Code of Colorado Regulations 1 1. Sections 12-16-103(4)(a)(V) and 12-16-202(4.5)(a)(V), C.R.S. (2007), require the Commissioner to establish rules to determine the capacity of animal feeding operations. Factual information provided by the industry and Iowa State University support the use of one linear foot of feed bunk per animal to calculate such capacity.

2. Sections 12-16-104 (4) and 12-16-203 (2), C.R.S. (2007) require the Commissioner to specify by rule the expiration dates of dealer, small volume dealer, agent, and commodity handler licenses.

B. 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 § § 12- 16-104(4), § 35-16- 206(2) and § 35-1-107(5)(a), C.R.S. PURPOSE:

The purpose of this permanent rule amendment is to amend Section 2 to change the expiration date for a dealer, small volume dealer, agent and commodity handler license from the last day of February to December 31.

FACTUAL AND POLICY BASIS:

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 Entire Rule eff. 12/30/2007.

Sections 2, 4.B eff. 01/01/2014.

Code of Colorado Regulations 2