COLORADO DEPARTMENT OF AGRICULTURE
Inspection and Consumer Services Division
Rules Pertaining to the Administration and Enforcement of the Colorado Egg Law
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enforcement of the Colorado Egg Law, being Rules 1.0 through 10.2, inclusive, appearing at 8 CCR 1202-10 (9/96), are repealed.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 Every wholesaler and retailer 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).
b.	If at the time this rule becomes effective, any wholesaler or retailer dealer 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 shall be effective up to and including January 1, 1998).
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 1.2 shall be effective beginning January 2, 1998).
2.0	SANITATION REQUIREMENTS
2.1	WHOLESALER AND RETAILER DEALER REQUIREMENTS
Every wholesaler and retailer 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:
a.	The name and address of the producer or person who packed the eggs;
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.
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 dealer, 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 DEALERS
Shell eggs offered for sale by any retailer or wholesaler 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 June 30.
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.	Class I – produces and sells <2 cases per week and is otherwise exempt under §35-21-105, C.R.S.;
2.	Class II – sells up to and including 0.5 cases per week;
3.	Class III – sells over 0.5 and up to and including 2 cases per week;
4.	Class IV – sells over 2 cases and up to and including 25 cases per week;
5.	Class V – sells over 25 cases and up to and including 100 cases per week;
6.	Class VI – sells over 100 cases and up to and including 500 cases per week;
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
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. 
PURPOSE:
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:
a.	Replace the terms “retailer” and “wholesaler” with “dealer.”
b.	Remove recordkeeping requirements for wholesalers.
c.	Establish a license expiration date of June 30.
d.	Establish egg dealer license categories based upon the average number of cases of eggs sold per week.
e.	Add a section to contain the statements of basis, specific statutory authority and purpose.
FACTUAL AND POLICY BASIS:
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:
a.	Eliminate the terms “wholesalers” or “retailers” from the Act.  These terms have been replaced with “dealer” throughout the rules.
b.	Established uniform recordkeeping requirements for all licensees, making the current recordkeeping requirements for egg wholesalers in the rule obsolete.  
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.
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.
10.5	Adopted July 16, 2009 – Effective August 30, 2009
STATUTORY AUTHORITY:
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. 
PURPOSE:
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:
a.	Replace the terms “retailer” and “wholesaler” with “dealer.”
b.	Remove recordkeeping requirements for wholesalers.
c.	Establish a license expiration date of June 30.
d.	Establish egg dealer license categories based upon the average number of cases of eggs sold per week.
e.	Add a section to contain the statements of basis, specific statutory authority and purpose.
f.	Remove obsolete language that is no longer needed.
FACTUAL AND POLICY BASIS:
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:
a.	Eliminate the terms “wholesalers” or “retailers” from the Act.  These terms have been replaced with “dealer” throughout the rules.
b.	Established uniform recordkeeping requirements for all licensees, making the current recordkeeping requirements for egg wholesalers in the rule obsolete.  
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.
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.