 
305 Interlocken Pkwy , Broomfield , CO 80021 P 303.869.9000  F 303.466.2867  www.colorado.gov/ ag  
 
 
 
 
 
 
 
NOTICE OF PUBLIC RULEMAKING HEARING  
 
 
FOR ADOPTION OF   
 
 “Rules  Pertaining to the Con finement of Egg -Laying Hens ” 
8 CCR 120 2-19 
 
Notice is hereby given pursuant to § 24- 4-103 C.R.S. that the Department of Agriculture will hold a public 
rulemaking hearing:  
 
DATE:   May 31, 2022  
TIME:   2:00 pm  
LOCATION:  This hearing will be held via Zoom  
CALL INFORMATION:  1-253-215-8782 
MEETING ID: 838 7646 3731 
PASSCODE: 761280  
 In order to maintain a proper hearing record you are encouraged to pre- register 
by completing this Google f orm
. If you do not have access to Google you may 
send your name and telephone number to Jenifer.Gurr@state.co.us  
Pre-registration is not required to participate in the hearing.   
The purpose of this rulemaking is to comply with the Act created by House Bill 20- 1343 by establishing 
rules concerning the regulation of the production and sale of shell eggs and egg products, the inspection 
of farms, shell eggs, and egg products, and to ensure shell eggs and egg products sold in Colorado are 
produced in compliance with the Act.    
The statutory authority for these rules is § 35-21-207(2)  C.R.S.  
    
Any interested party may file written comment with the Commissioner’s office prior to the hearing, or 
present at the aforementioned hearing written data, views or arguments.  Emailed comments should be sent to t he hearing officer at Jenifer.Gurr@state.co.us
.  A copy of the proposed rule is available on the 
Department of Agriculture’s website at www.colorado.gov/ag  or may be  obtained by calling 303- 869-
9002 .  The proposed rule shall be available for public inspection at the Colorado Department of 
Agriculture at 305 Interlocken Parkway , Broomfield,  Colorado during regular business hours.  
 
Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
1 
 COLORADO DEPARTMENT OF AGRICULTURE  
Inspection and Consumer Services Division  
RULES PERTAINING TO THE CONFINEMENT OF EGG -LAYING HENS  
8 CCR 1202- 19 
PART 1.  DEFINITIONS  
Unless the context otherwise requires, the following definitions apply to these rules and words in the 
singular form shall be deemed to impart the plural and vice versa, as the case may demand:  
1.1. “Accreditation” or “accredit” means a determination made by the commissioner that authorizes a 
private entity to conduct certification activiti es as a certifying agent under this Act.  
1.2. “Act” means House Bill 20- 1343, codified at section 35 -21-201, et seq., of the Colorado Revised 
Statutes.  
1.3. “Business owner or operator” means any person who owns or controls the operations of a 
business. B usiness owner or operator does not include a business owner or operator who 
engages in the sale or transport of shell eggs in the state at one or more business locations in the 
state if each business location owned or operated by the business owner or oper ator sells fewer 
than twenty -five cases of thirty dozen eggs per week, all business locations owned by or operated 
by the business owner or operator collectively sell fewer than one hundred cases of thirty dozen 
eggs per week, and the business owner or operator is not a farm owner or operator.  
1.4. “Cage- free housing system” means an indoor or outdoor controlled environment for egg- laying 
hens to which all of the following apply: (I) For an indoor environment, the egg- laying hens are 
free to roam unrestric ted except by the following: (A) Exterior walls; and (B) Interior fencing used 
to contain the entire egg- laying hen flock within the building or subdivide flocks into smaller 
groups if farm employees can walk through each contained or subdivided area to pr ovide care to 
egg-laying hens and if each egg- laying hen has the minimum amount of usable floor space 
described in section 35- 21-203(1)(b)(II), Colorado Revised Statutes; (II) Egg- laying hens are 
provided enrichments that allow them to exhibit natural beha viors, including, at a minimum, 
scratch areas, perches, nest boxes, and dust bathing areas; and (III) Farm employees can 
provide care while standing within the egg- laying hens’ usable floor space. “Cage- free housing 
system” includes multi -tiered aviaries, partially slatted systems, and single- level all- litter floor 
systems. “Cage- free housing system” does not include systems commonly described as battery 
cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, 
furnished cages, or similar cage systems.  
1.5. “Certification applicant” means a farm owner or operator who applies with the Department to have 
their egg production operation(s) certified.  
1.6. “Certificate of compliance” means written or electronic document issued by the commissioner to a 
farm owner or operator indicating that the shell eggs or egg products produced by that farm 
owner or operator were produced in compliance with the Act and which must be provided to a 
business owner or operator during the transfer  of any shell egg and egg products.  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
2 
 1.7. “Certified operation” means the egg production operation by farm owner or operator, or portion of 
such operation, that is certified by a certifying agent as utilizing a system of egg- laying hen 
confinement as requir ed by the Act.  
1.8. “Certifying agent” means any private entity accredited by the Department as a third- party 
certifying agent for the purpose of certifying a production operation as a certified operation.  
1.9. “Egg product” means an egg of an egg- laying h en that is separated from the shell and intended 
for human food, whether in liquid, solid, dried, or frozen form, whether raw or cooked, and with (I) 
the egg yolk and egg white in their natural proportions; or (II) the egg yolk and egg white 
separated, mix ed, or mixed and strained. “Egg product” does not include combination food 
products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, or ice cream, that 
include egg as one of multiple ingredients in the product; except that merely adding sugar, salt, 
water, seasoning, coloring, flavoring, preservatives, stabilizers, or similar food additives does not 
make an egg product a combination food product.  
1.10.  “Farm” means the land, building, support facilities, and other equipment that are whol ly or partially 
used for the commercial production of animals or animal products used for food. “Farm” does not 
include live animal markets or official plants where mandatory inspection is maintained under the 
federal “Egg Products Inspection Act”, 21 U.S. C. sec. 1031 et seq., as amended.  
1.11.  “Farm owner or operator” means a person that owns a farm or controls the operations of a farm. 
Farm owner or operator does not include a farm owner or operator with an annual shell egg 
production from three thousand or fewer egg- laying hens if all shell eggs sold in the state or 
transported in the state by the farm owner or operator are derived from three thousand or fewer 
egg-laying hens.  
1.12.  “Inspection” means the act of examining and evaluating the production, d istribution, or retail 
operation of a farm owner or operator or a business owner or operator to determine compliance 
with the Act and the rules.  
1.13.  “Inspector” means any person retained or used by a certifying agent to conduct inspections of a 
farm owner or operator or a business owner or operator, or an authorized representative of the 
Department.  
1.14.  “Label” means a display of written, printed, or graphic material on the immediate container of a 
shell egg or egg product or any such material affixed to any covered product or affixed to a bulk 
container containing a shell egg or egg product, except for package liners or a display of written, 
printed, or graphic material which contains only information about the weight of the product.  
1.15.  “Labeling” m eans all written, printed, or graphic material accompanying a shell egg or egg 
product at any time or written, printed, or graphic material about the shell egg or egg product 
displayed at retail stores about the product.  
1.16.  “Person” means any individual , firm, partnership, joint venture, association, limited liability 
corporation, corporation, estate, trust, receiver, or syndicate.  
1.17.  “Records” means any information in written, visual, or electronic form that documents the 
activities undertaken by a f arm owner or operator, business owner or operator, or certifying agent 
to comply with the Act.  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
3 
 1.18.  “Sale” means a commercial sale by a business that sells any item covered by section 35- 21-201, 
et seq., Colorado Revised Statutes. “Sale” does not include any sale undertaken at an official 
plant where mandatory inspection is maintained under the federal “Egg Products Inspection Act”, 
21 U.S.C. sec. 1031 et seq., as amended.  
1.19.  “Shell egg” means a whole egg of an egg- laying hen in its shell form, intended for use as human 
food.  
1.20.  “Single -level all- litter floor system” means a cage- free housing system bedded with litter where 
egg-laying hens have limited or no access to elevated flat platforms.  
1.21.  “Split operation” means a farm owner or operator or a business owner or operator that produces 
or distributes shell eggs or egg products from operations that are both in conformance and out -of-
conformance with the confinement standards of the Act.  
1.22.  “Title Document” means a document which in the regular course of business or financing is 
treated as adequately evidencing that the person in possession of shell eggs or egg products is 
entitled to receive, hold, and dispose of the document and the shell eggs or egg product it covers. 
Examples of such document s include bill of lading, dock warrant, dock receipt, warehouse 
receipt, or shipping invoices for an order for the delivery of shell eggs or egg product.  
1.23.  “Usable floor space” means (I) the total square footage of floor space provided to each egg- laying 
hen, as calculated by dividing the total square footage of floor space provided to egg- laying hens 
in an enclosure by the number of egg- laying hens in that enclosure; and (II) includes both ground 
space and elevated level or nearly level flat pl atforms upon which egg- laying hens can roost. 
“Usable floor space” does not include perches or ramps.  
PART 2.  ENCLOSURE REQUIREMENTS  
2.1. On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg- laying 
hen in an enclosure w ith less than one square foot of usable floor space per egg- laying hen. This 
part is repealed, effective January 1, 2025.  
2.2. On and after January 1, 2025, a farm owner or operator shall not knowingly confine an egg- laying 
hen in an enclosure:  
2.2.1.  That is not a cage- free housing system; or  
2.2.2.  That has less than:  
2.2.2.1.  One square foot of usable floor space per egg- laying hen in a cage- free housing 
system that provides egg- laying hens with unfettered access to vertical space, 
such as a multi -tiered aviary or a partially slatted system; or  
2.2.2.2.  One and one- half square feet of usable floor space per egg- laying hen in a cage-
free housing system that does not provide egg- laying hens with unfettered 
access to vertical space, such as a single- level all-litter floor system.  
PART 3.  CERTIFICATION OF FARM OWNER OR OPERATOR 
3.1. To sell shell eggs and egg products, to offer to sell shell eggs or egg products, or to transport 
shell eggs or egg products for sale within the state, a farm owner or operator  must maintain Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
4 
 certification by the commissioner of its operations and comply with all applicable provisions of the 
Act and rules.  
3.2. A farm owner or operator must be inspected annually by a certifying agent approved by the 
commissioner and have a site i nspection once in every 12- month period in accordance with part 8 
of this rule.  
 3.3. A farm owner or operator seeking to receive or maintain a certificate of compliance must 
immediately notify the Department concerning any change in a certified operation or any portion 
of a certified operation that may affect its compliance with the Act and these rules.  
3.4. A farm owner or operator seeking to receive or maintain certification must allow access during 
normal business hours by the certifying agent and the c ommissioner’s authorized representative 
to:   
3.4.1.  The farm, including any facilities, structures, enclosures, and houses where egg- laying 
hens, shell eggs, and egg products may be kept, produced, processed, handled, stored 
or transported, except that a farm owner or operator may require the certifying agent and 
the commissioner’s authorized representative to adhere to established biosecurity 
procedures;  
3.4.2.  All containers, labels, labeling, invoices, documents of title, and bills of lading used in the 
handling, storage, packaging, sale, transportation, or distribution of shell eggs and egg 
products; and  
3.4.3.  All records required to be maintained by Part 4.  
PART 4.  FARM OWNER OR OPERATOR RECORDKEEPING REQUIREMENTS  
 4.1. A farm owner or operator must  maintain records concerning their production of shell eggs and 
egg products. Such records must:  
4.1.1.  Be maintained by a farm owner or operator in sufficient detail to document that egg- laying 
hens were confined in compliance with the Act and the requir ements of the rules;  
4.1.2.  Be maintained for not less than two years beyond their creation;  
4.1.3.  Include records of all shell egg and egg product transactions for the preceding two -year 
period and indicate the date, quantity, identity of the buyer and seller, and the address 
where physical possession of covered product took place for each transaction;  
4.1.4.  Include documentation and records for the preceding two- year period pertaining to the 
production, processing, handling, packaging, storage, transportation, or sale of shell eggs 
or egg products, intended for sale in Colorado or identified or represented as compliant 
with the confinement requirements of the Act;  
4.1.5.  Include documentation of the size of each facility, the quantity and type of shell eggs or 
egg products produced or processed from each facility or farm unit in the certified 
operation, the number of enclosures for each facility or farm unit, the size of each 
enclosure, the number of egg- laying hens housed in each enclosure, and the dates of 
stocking, harvest, and production; and  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
5 
 4.1.6.  If the facility is a split operation, include documentation sufficient to demonstrate the 
identification, segregation, distribution, and handling of shell eggs or egg products to 
prevent commingling with a ny shell eggs or egg products that do not comply with 
requirements of the Act.  
PART 5.  APPLICATION FOR CERTIFICATION OF COMPLIANCE  
5.1. A farm owner or operator seeking certification of compliance from the commissioner must submit 
an application for certif ication to the commissioner that includes all the following information:  
5.1.1.  The name of the authorized representative completing the application; the applicant's 
business name, physical address, mailing address, email, and telephone number; and, if 
the applicant is an organization, the name, address, email, and telephone number of the 
person authorized to act on the applicant's behalf;  
5.1.2.  Proof of certification by a certifying agent, which includes an on- site inspection by a 
certifying agent, dated no earlier than 365 days before the date the applicant submits its 
application for certification to the commissioner;   
5.1.3.  A description of the type and quantity of egg- laying hens at the facility;  
5.1.4.  A description of the enclosure system(s) to be used at the facility, including but not limited 
to the number of enclosures, size of enclosures and maximum number of egg- laying 
hens to be housed in each, and  
5.1.5.  Additional information as deemed necessary by the commissioner to determine 
compliance w ith the Act and the rules.  
5.2. Upon the granting of certification, the commissioner shall issue to the farm owner or operator 
applicant a certificate of compliance, which shall specify the name and address of the certified 
operation, the effective date of  the certification, and a statement that confirms that the farm owner 
or operator is in compliance with the Act and the rules.  
5.3. Certification shall be good for one calendar year, beginning on the date of initial issuance of the 
certificate of complianc e, and January 1st for each year the farm owner or operator maintains 
certification, and ending on December 31st.  
5.4. Certification under these rules is not transferable. No later than 60 days after obtaining ownership 
or control of an operation, a new f arm owner or operator shall apply for certification, regardless of 
whether the prior farm owner or operator was certified by the commissioner.  
5.5. If the commissioner determines that the applicant’s operation does not comply with the Act and 
these rules, the commissioner shall deny the application and notify the applicant of its decision 
and describe each reason for noncompliance. The applicant may take corrective action to remedy 
all reasons for noncompliance and reapply for certification.  
5.6. To renew certification, a certified farm owner or operator must submit the following recertification 
information, as applicable, to the commissioner:  
5.6.1.  An application for recertification;  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
6 
 5.6.2.  A summary statement, supported by documentation, detailing any deviations from, or 
changes to, information submitted on the previous year's application;  
5.6.3.  Proof of compliance with the Act, issued by certifying agent, dated no earlier than one 
calendar year prior to submission of the application for recertificatio n;  
5.6.4.  If the facility is a split operation, documentation sufficient to demonstrate the 
identification, segregation, distribution, and handling procedures of shell eggs or egg 
products produced in compliance with the Act and the Rules to prevent commi ngling with 
any shell eggs or egg products that do not comply with requirements of the Act or the 
Rules; and  
5.6.5.  Other information as deemed necessary by the commissioner to determine compliance 
with the Act.  
5.7. A certified farm owner or operator shall submit its application for recertification to the 
commissioner no later than January 31st of the year the farm owner or operator is seeking 
recertification.  Failure to do so will result in immediate noncompliance with the Act.  
PART 6.  GENERAL REQUIREM ENTS FOR BUSINESS OWNERS AND OPERATORS  
6.1. A business owner or operator who sells or transports shell eggs or egg products for sale in 
Colorado shall:    
6.1.1.  Comply with all applicable provisions of the Act the rules;  
6.1.2.  Retain a copy of either:  
6.1.2.1.  The certificate of compliance issued under part 5.2 from the farm owner or 
operator that produced the lot of shell eggs or egg products; or  
6.1.2.2.  Title documents received from the farm owner or operator or other business 
owner or operator that i ndicate the lot of shell eggs or egg products is complaint 
with the Act;  
6.1.3.  Maintain all records described in part 6.1.2 for a period of not less than two years;  
6.1.4.  Allow on -site inspections of the business owner or operator’s retail store, distrib ution 
operation, and offices by the commissioner's authorized representative;  
6.1.5.  Allow the commissioner’s authorized representative to access and examine all shell eggs 
or egg products that are sold or intended, held, segregated, stored, packaged, labeled, or 
represented for sale or distribution;  
6.1.6.  Allow the commissioner’s authorized representative to access and examine containers, 
labels, labeling, invoices, title documents, and bills of lading used in the handling, 
storage, packaging, sale, trans portation, or distribution of shell eggs or egg products;  
6.1.7.  Allow the commissioner’s authorized representative during normal business hours access 
to review and copy all records required to be maintained by the Act and rules; and  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
7 
 6.1.8.  If the facility is a split operation, implement procedures to prevent the commingling of any 
shell eggs or egg products that do not comply with requirements of the Act with shell 
eggs or egg products that comply with the requirements of the Act.  
6.2. When a business owner or operator sells or transports for sale shell eggs or egg products to a 
government agency as part of a state or federally sponsored egg program, such business owner 
or operator shall not be considered to have knowingly sold or transported for sale shell eggs or 
egg products in the state.    
PART 7.  SHELL EGG AND EGG PRODUCT TRANSFER DOCUMENTATION AND 
ALTERNATIVE LABELING REQUIREMENTS  
7.1. All shell eggs and egg products to be sold must be accompanied by a copy of the certificate of 
compliance iss ued by the commissioner for the year in which the egg and egg products are 
packed. The certificate of compliance must accompany all shell eggs and egg products during the 
transfer or sale to a business owner or operator.  
7.2. In lieu of a certificate of compliance described in part 7.1, shell eggs and egg products entering 
the state or transported within the state for sale may be accompanied with title documents that 
include the statement “CO -COM”.  
7.3. Shipments of shell eggs or egg products that enter Col orado exclusively for purposes of 
transshipment or export for human consumption outside of the state and are not destined for 
commercial sale in Colorado shall not include the statement “CO -COM”.  
7.4. The side of each container of all shell eggs and egg pr oducts for sale, or destined for sale, in 
Colorado shall contain the statement “CO -COM”. The statement shall be clearly legible, without 
obscuring designs, vignettes or crowding, and be plainly printed, stamped or marked in letters not 
less than an eighth (1/8) of an inch in height.  
7.5. No person shall label, identify, mark, advertise, or otherwise represent shell eggs or egg products 
for sale in the state using the term “cage free” or other similar descriptive term unless the shell 
eggs or egg products were produced in compliance with the Act.  
PART 8.  ACCREDITED CERTIFYING AGENTS  
8.1. The commissioner may accredit a qualified domestic or foreign applicant to certify a domestic or 
foreign farm owner or operator as a certified operation that conducts its bus iness in compliance 
with the Act.  
8.2. Accreditation of certifying agents shall be valid for a period of five years from the date of the 
commissioner’s approval of accreditation.   
8.3. In order to receive and maintain accreditation, a private entity accr edited as a certifying agent 
under these rules must:  
8.3.1.  Fully carry out the applicable provisions of the Act and the rules;  
8.3.2.  Have sufficient expertise in shell egg or egg product production techniques to carry out 
the provisions of the Act and t he rules;  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
8 
 8.3.3.  Maintain all records pursuant to part 8.9, and make all such records available for 
inspection and copying during normal business hours by authorized representatives of 
the commissioner;  
8.3.4.  Promptly report to the commissioner complaint s of noncompliance with the Act or the 
rules concerning operations certified as compliant with the Act and the rules by the 
certifying agent; and  
8.3.5.  Not disclose any information collected pursuant to the Rules obtained while certifying 
production opera tions for compliance with the rules to any third- party without approval by 
the commissioner.  
8.4. A private entity seeking accreditation as a certifying agent under this part must submit an 
application for accreditation provided by the Department and incl ude all the following supporting 
documentation:  
8.4.1.  The business name, primary office location, mailing address, name of the person(s) 
responsible for the certifying agent's day -to-day operations, contact numbers (telephone, 
facsimile, email and Interne t address) of the applicant, and the entity's federal taxpayer 
identification number;  
8.4.2.  The name, office location, mailing address, and contact numbers (telephone, facsimile, 
email and Internet address) for each of its organizational units, such as chapters or 
subsidiary offices, and the name of a contact person for each unit;  
8.4.3.  The applicant’s entity type (e.g., for -profit business, not -for-profit membership 
association) and documentation showing the entity's status and organizational purpose, 
such as articles of incorporation and bylaws or ownership or membership provisions, and 
its date of establishment; and  
8.4.4.  A list of each State or foreign country in which the applicant has previously conducted 
certification services and a list of each St ate or foreign country in which the applicant 
intends to certify production or distribution operations pursuant to the Act and the rules.  
8.5. A private entity seeking accreditation as a certifying agent must submit to the commissioner the 
following documents and information:  
8.5.1.  The name and position description of personnel in the certifying agent’s operation 
performing inspections, members of any certification review and evaluation committees, 
and inspection contractors;  
8.5.2.  A description of proced ures, practices, and training to ensure that its responsibly 
connected persons, employees, and contractors with inspection, analysis, auditing and 
decision -making responsibilities have sufficient expertise to successfully perform the 
duties assigned and to comply with and implement the requirements of the Act and the 
rules;  
8.5.3.  A copy of the procedures to be used to evaluate certification applicants, make 
certification decisions, and issue certification certificates;  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
9 
 8.5.4.  A copy of the procedures to be used for reviewing and investigating certified operations 
compliance with the Act and the rules and the reporting of violations of the Act and the 
rules to the Department;  
8.5.5.  A copy of the procedures to be used for complying with the recordkeeping requirements 
set forth in part 8.9 below; and  
8.5.6.  Any other information the applicant believes may assist in the commissioner’s evaluation 
of the applicant's expertise and ability.  
8.6. Accreditation will be granted when the commissioner determines that  the applicant for 
accreditation meets the requirements for accreditation as stated in part 8.3, as determined by a 
review of the application and supporting documentation. Upon accreditation, the commissioner 
shall issue to the certifying agent a notice of  accreditation.  
8.7. The accreditation of a certifying agent shall continue in effect until such time as the certifying 
agent fails to renew accreditation, the certifying agent voluntarily ceases its certification activities, 
or accreditation is suspended or revoked.  
8.8. In order to receive and maintain accreditation, an accredited certifying agent must allow on- site 
evaluations for the purpose of examining the certifying agent's operations and evaluating its 
compliance with the Act and the rules. On- site evaluations shall include a review of the certifying 
agent's certification procedures, records, administrative and management systems for production 
operations certified by the certifying agent. On- site evaluations shall be conducted by a 
representative( s) of the commissioner.  
8.9. Accredited certifying agents must maintain the following records for not less than three years 
beyond their creation or receipt:   
8.9.1.  Records obtained from applicants for certification and certified operations;  
8.9.2.  Recor ds created by the certifying agent regarding applicants for certification and certified 
operations; and  
8.9.3.  Records created or received by the certifying agent pursuant to the accreditation 
requirements of the rules.  
8.10.  Renewal of accreditation.  
8.10.1.  To renew accreditation certification, an accredited certifying agent must submit an 
application for accreditation renewal to the commissioner to be received at least six 
months prior to the expiration date of the notification of accreditation and each 
subsequent renewal of accreditation.  
8.10.2.  Following receipt of the information submitted by the certifying agent in accordance with 
part 8.10.1, and the results of an on- site evaluation, if applicable, the commissioner will 
determine whether the certif ying agent remains in compliance with the Act and the rules 
and should have its accreditation renewed.  
8.10.3.  Upon a determination that the certifying agent is in compliance with the Act and the rules, 
the commissioner will issue a notice of renewal of ac creditation.  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
10 
 8.10.4.  Any change in ownership, change of business name, change in business location, 
closure of business, or change of name, address, phone number or email of a person 
authorized to act on behalf of the accredited certifier must be reported to the 
commissioner within 30 days of such change.  
8.10.5.  Certifying agents with an expired accreditation shall not perform certification activities 
under the Act and the rules.  
PART 9.  INSPECTION PROCESS REQUIREMENTS  
9.1. In order to grant certification,  a certifying agent must conduct an on- site inspection of each 
production unit, facility, and site that produces or distributes shell eggs or egg products that is 
included in an operation for which certification is requested to determine whether the operat ion is 
in compliance with the applicable provisions of the Act and the rules.   
9.2. An on -site inspection must be conducted at least once every 12 months thereafter for each 
certified operation that produces or distributes shell eggs or egg products for t he purpose of 
determining whether to approve the request for certification or whether certification of the 
operation should continue.  
9.3. The commissioner may require that additional inspections be performed by an accredited 
certifying agent or the commis sioner for the purpose of determining compliance with the Act and 
the rules. Additional inspections may be announced or unannounced as required by the 
commissioner. If the commissioner or certifying agent intends to review the operation’s business 
records,  the commissioner will provide the operation with a seven- day notice of its intent to 
inspect.  
9.4. All on -site inspections must be conducted when an authorized representative of the operation 
who is knowledgeable about the operation is present and at a ti me when facilities and activities 
that demonstrate the operation's compliance with or capability to comply with the applicable 
provisions of the Act and these rules can be observed, except that this requirement does not 
apply to unannounced on- site inspect ions.  
9.5. Proper documentation must be provided to the farm owner or operator and must indicate that the 
operation is compliant with the enclosure requirements established in the Act and these rules.  
9.6 All inspectors must follow the farm owner or oper ator’s biosecurity protocol to conduct 
inspections.  
PARTS 10 & 11.  RESERVED  
PART 12 . STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHO RITY AND PURPOSE  
12.1. Adopted  June 8, 2022 –  Effective July 30, 2022  
Statutory Authority:  
The Commissioner of Agriculture adopts these rules pursuant to section 35- 21-207(2) of the Colorado 
Revised Statutes.   
Purpose:  Editing comments: Changes to this rule are indicated in strikethrough for removal and underline for 
additions. If you are able to view this document in color the changes are also indicat ed in red. Changes 
as a result of the rulemaking hearing are indicated in blue . 
 
 
11 
 The purpose of this rulemaking is to comply with the Act created by House Bill 20- 1343  by establishing 
rules concerning the regulation of the production and sale of shell eggs and egg products, the inspection 
of farms, shell eggs, and egg products, and to ensure shell eggs and egg products sold in Colorado are 
produced in compliance with the Act.  
Factual Policy and Issues:  
The Department identified multiple terms that were not defined in the Act. To provide clarity to the 
regulated community as to the meaning of terms used in these rules, the Department has included 
definitions in Part 1.  
The Act requires farm owners and operators  document their compliance with the Act. Accordingly, the 
rules contain certification and recordkeeping requirements for farm owners or operators.   
The Act requires business owners and operators who sell or transport for sale shell eggs or egg products 
in Colorado to retain a copy of the certificate of compliance issued by the commissioner. These rules 
contain recordkeeping requirements to ensure compliance under the Act.   
The Act allows the commissioner to use a private inspection or process verification provider to ensure 
compliance with the Act. These rules contain requirements and procedures to accredit certifying agents to 
ensure compliance with the Act during both production and handling of shell eggs and egg products.  