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
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 § 35-21-106(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.