COLORADO DEPARTMENT OF AGRICULTURE
Animal Industry Division
Rules Pertaining to the Administration and Enforcement of the Custom Processing of Meat Animals Act
8 CCR 1201-14
STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
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 § 35-33-104(1), C.R.S. (2008), § 24-4-103(6), C.R.S. (2008), and § 35-33-206(3), C.R.S., as enacted in SB 09-117.
PURPOSE:
The purpose of these Emergency Rule Amendments is to update the rules pertaining to the Colorado Slaughter, Processing, and Sale of Meat Animals Act to comply with the amendments to the Act set forth in SB 09-117.
These Emergency Rule Amendments:
a.	Incorporate the Act’s new short title wherever cited in the rules.
b.	Modify the terms “processing facility” to read “custom processing facility.”
c.	Establish a license expiration date of June 30.
d.	Amend references to sections in the Act to refer to amended section numbers.
e.	Delete obsolete rule definition of “processing” which is not defined in the Act.
f.	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 Slaughter, Processing and Sale of Meat Animals Act, which resulted in several legislative amendments to the Act enacted by SB 09-117, effective July 1, 2009, that:
a.	Change the title of the Act to the Custom Processing of Meat Animals Act. These rules reflect the correct short title of the Act.
b.	Specify that the Commissioner has jurisdiction only over meat processing facilities that perform custom processing. As used throughout the rules, the term “processing facility” is amended to read “custom processing facility” in order to clarify that jurisdiction is only over those facilities that perform custom processing.
c.	Remove the license expiration date from the Act and require that the Commissioner establish the date in rule. These rules establish a license expiration date of June 30.
d.	Amend some section numbers in the Act. These rules refer to the amended section numbers.
2.	The Commissioner hereby finds that immediate adoption of these Emergency Rule Amendments is imperatively necessary to comply with the revisions to the Colorado Custom Processing of Meat Animals Act, §§ 35-33-101 - 407 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.