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
General and Specific Authority: C.R.S. §§ 35-21-106(1) and 35-21-103 (2)
6.	DEALER LICENSE EXPIRATION DATE
The expiration date for an egg dealer license shall be June 30 December 31.

10.	STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
The Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1996 to 1997 are no longer in the Department’s files.
10.5 2	Adopted July 16, 2009 – Effective August 30, 2009
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of these Permanent Rule Amendments is set forth in § 35-21-106(1), 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 Permanent 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 Permanent Rule 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.
f.	Remove obsolete language that is no longer needed.
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of these Permanent 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 intends to adopt Emergency Amendments to the Rules on July 1, 2009 in order to implement the changes to the Act made by the General Assembly in SB 09-127. These Permanent Rule Amendments will make permanent those Emergency Amendments.
10.3	Adopted April 9, 2013 – Effective May 30, 2013
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-21-104(1) and § 35-1-107(5)(a), C.R.S. 
PURPOSE:
The purpose of this permanent rule amendment is to amend Rule 6 to change the expiration date for an egg dealer license from June 30 to December 31.  
FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:
1.	This change is necessary to allow the Department to consolidate licensing functions to one time per year for all licenses issued by the ICS Division.  
2.	The Department of Agriculture is moving its licensing functions from a paper based system to an online system. To accommodate licensee’s who hold multiple licenses with the Department of Agriculture, we are establishing a common licensing date so a licensee can obtain all their licenses in one transaction.