COLORADO DEPARTMENT OF AGRICULTURE
Inspection and Consumer Services Division
Measurement Standards
8 CCR 1202-2
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 §§ 35-14-107(1)(o), 121(3), C.R.S. (2008), § 35-1-107(5)(a), C.R.S. (2008), § 24-4-103(6) C.R.S., (2008), and §§ 35-14-121(5), 123(1), 123(2)(a), 123(2)(b), and 127(1), C.R.S., as enacted in SB 09-113.
PURPOSE:
The purpose of these Emergency Rule Amendments is to update the rules pertaining to the Measurement Standards Act of 1983 to comply with the amendments to the Act set forth in SB 09-113.
These Amendments:
a.	Establish the license expiration date for operation of commercial weighing and measuring devices.
b.	Establish the certified weigher certificate expiration date for those individuals who obtain a certificate on or after July 1, 2009.
c.	Establish the certificate expiration date for commercial weighing and measuring device service providers who obtain a certificate on or after July 1, 2009.
d.	Establish commercial weighing and measuring device service provider certification categories and performance requirements.
e.	Amend commercial weighing and measuring device service provider certification requirements to clarify the requirements are for the company, not the individual service person employed by the company.
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 Measurement Standards Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09-113, effective July 1, 2009, that:
a.	Remove statutory expiration dates for device licenses, certified weigher and device service providers and requires the Commissioner to establish such dates in rule. 
b.	Require the Commissioner to establish commercial weighing and measuring device service provider certification categories and performance requirements.
2.	The existing rule sets forth certification requirements for individuals, but the statute requires the business to obtain the certificate. The amendment clarifies that the requirements for certification of service providers is for the company, not an individual. 
3.	The Commissioner hereby finds that immediate adoption of these Emergency Rule Amendments is imperatively necessary to comply with the revisions to the Colorado Measurement Standards Act of 1983, §§ 35-14-101 – 134, 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 and certificates thereunder.