Colorado Department of Agriculture
Inspection and Consumer Services Division
Rules and Regulations for Commercial Feed Under the Colorado Commercial Feed Law
8 CCR 1202-6
Section 14.	False or Incomplete Information
All information required by the Commissioner from any person in connection with any application for a registration, report, or record required under the Colorado Commercial Feed Law must be accurate and complete. Failure to provide accurate and complete information in connection with any such document, including but not limited to providing all documentation required to establish an individual applicant’s lawful presence in the United States pursuant to Section 24-76.5-103, C.R.S., shall be grounds for denial of an application for registration or for renewal thereof, or revocation or suspension of an exiting registration. 
Section 15.	Statements of Basis, Specific Statutory Authority and Purpose
(a)	Adopted April 10, 2001 – Effective May 30, 2001
STATUTORY AUTHORITY:
The Commissioner of Agriculture, Colorado Department of Agriculture, adopts these permanent rules pursuant to the provisions and requirements of the Colorado Commercial Feed Law, § 35-60-109(1), C.R.S. (2000).
PURPOSE:
The purpose of these rules is to comply with the requirements of the Colorado Commercial Feed to provide specific guidelines for the manufacture, labeling and distribution of commercial feed.
These rules are designed to:
•	Set standards for the correct labeling of livestock and pet food.
•	Set standards for good manufacturing practices for medicated livestock feed.
FACTUAL AND POLICY ISSUES:
The factual and policy issues encountered in the proposal of these permanent rules are as follows:
1.	The Colorado Commercial Feed Law was repealed and reenacted effective January 1, 2000.  That statute requires the Commissioner to adopt the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials, Inc. (AAFCO), as published in the official publication of such association.
2.	These new, revised rules are based upon national standard (model) regulations developed by AAFCO, a nation-wide group of regulatory officials.  They are specifically for the purpose of promoting standardization between states for the animal feed industry.
3.	Over 30% of the states have adopted the AAFCO model regulations.  These rules are widely accepted by Colorado and national feed companies.  Adoption of these rules would help to ensure uniform labeling requirements.
4.	The Department met with the Colorado Grain and Feed Association’s (CFGA) Feed Committee throughout the rule drafting process.  The CGFA supports these new rules and regulations.
5.	Two sets of rules are needed, one for livestock feed, the other for pet food.  Livestock feed rules are specific to matters regarding production, animal growth and weight gain, and use of medications in feed.  Pet food rules employ separate criteria for complete and balanced nutrition and provide regulatory guidance for advertising and claims frequently found on pet food labels.
(b)	Emergency Rule Adopted October 19, 2006 – Effective October 19, 2006
Statutory Authority:
These emergency amendments to the Rules Pertaining to the Administration and Enforcement of the Colorado Commercial Feed Law, §§ 35-60-101 - 115, C.R.S., are proposed for adoption by the Commissioner pursuant to his authority in Section 35-60-109(1), C.R.S.
Purpose:
The purposes of these emergency amendments to the rules are as follows:
(a)	To specify in rule that all information required or requested by the Commissioner, including lawful presence documentation required under Section 24-76.5-103, C.R.S., must be complete and accurate, and to specify the legal consequences of noncompliance with this rule.
(b)	To document and record the statements of statutory authority, basis and purpose for these rules.
Factual Basis:
(a)	On August 1, 2006, Section 24-76.5-103, C.R.S., took effect following its enactment in House Bill 06S-1023 by the General Assembly in the July, 2006, special legislative session.  
(b)	Currently, neither the Commercial Feed Law nor its associated rules specify that individuals who apply for registrations must comply with the verification documentation requirements of Section 24-76.5-103, C.R.S.
(c)	These emergency rules are necessary to provide the Commissioner with specific legal authority to deny applications for registration or renewal of existing registrations from natural persons who do not provide sufficient documentation to comply with Section 24-76.5-103, C.R.S., and to revoke existing registrations if the information provided in connection with an application is later proven to be false.
(d)	These emergency rules are necessary to fulfill the purposes described above prior to the adoption of permanent rules to that effect.
(c)	Adopted November 13, 2006 – Effective January 1, 2007
Statutory Authority:
These permanent amendments to the Rules Pertaining to the Administration and Enforcement of the Colorado Commercial Feed Law, §§ 35-60-101 - 115, C.R.S., are proposed for adoption by the Commissioner pursuant to his authority in Section 35-60-109(1), C.R.S.
Purpose:
The purposes of these permanent amendments are as follows:
(a)	To specify in a permanent rule that all information required or requested by the Commissioner, including lawful presence documentation required under Section 24-76.5-103, C.R.S., must be complete and accurate, and to specify the legal consequences of noncompliance with this rule.
(b)	To document and record the statements of statutory authority, basis and purpose for these rules.
Factual Basis:
(a)	On August 1, 2006, Section 24-76.5-103, C.R.S., took effect following its enactment in House Bill 06S-1023 by the General Assembly in the July, 2006, special legislative session.  
(b)	On October 19, 2006, the Commissioner adopted emergency rules specifying that individuals who apply for registrations under the Commercial Feed Law must comply with the verification documentation requirements of Section 24-76.5-103, C.R.S.
(c)	These permanent amendments to the rules are necessary to provide the Commissioner with specific legal authority, following the expiration of the emergency rules adopted on October 19, 2006, to deny applications for registration or renewal of existing registrations from natural persons who do not provide sufficient documentation to comply with Section 24-76.5-103, C.R.S., and to revoke existing registrations if the information provided in connection with an application is later proven to be false.
(d)	These permanent amendments to the rules are necessary to make permanent the provisions of the emergency rules adopted by the Commissioner on October 2, 2006.