COLORADO DEPARTMENT OF AGRICULTURE
Inspection and Consumer Services Division
Rules Pertaining to the Administration and Enforcement of the Sale of Meat Act Method of Sale of Home Food Service
8 CCR 1202-12
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 Rules is set forth in § 35-33.5-105(1), C.R.S., as enacted by SB 09-117, and § 24-4-103(6), C.R.S. (2008). 
PURPOSE:  
The purpose of these Emergency Rules is to:
1.	Adopt new rules pertaining to the method of sale of home food service plans formerly adopted under the authority of the previous article § 35-33-104(1), C.R.S., which must now be readopted under the authority of the new article § 35-33.5-105(1), C.R.S., as enacted in SB 09-117.
2.	Establish a license expiration date of June 30.
3.	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 Rules 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 amendments to the Act enacted by the General Assembly in SB 09-117, effective July 1, 2009, specifically:
a.	SB 09-117 struck all definitions, sections, and references pertaining to the sale of meat and to the licensing and regulation of food plan operators.
i.	Title 35, C.R.S., was amended by the addition of a new article; the Sale of Meat Act to be codified as §§ 35-33.5-101 through 307, C.R.S., to which all authority over Home Food Service Plans is transferred effective July 1, 2009.
ii.	Emergency rules are therefore needed under the authority of the new Sale of Meat Act.
b.	The new Sale of Meat Act uses the term “home food service plan” rather than “food plan.”  These rules reflect such changes.  
c.	The new Sale of Meat Act states that the license expiration date must be established by the Commissioner in rule.  These rules establish a license expiration date of June 30.
2.	The Commissioner hereby finds that immediate adoption of these Emergency Rules is imperatively necessary to implement the new Colorado Sale of Meat Act, §§ 35-33.5-101 through 307, C.R.S. enacted in SB 09-117 by the General Assembly in its 2009 legislative session, which take effect on July 1, 2009.  These Emergency Rules are required to permit the uninterrupted regulation of home food service plans under the new Act, including the issuance of licenses thereunder.