(1) The authority to promulgate regulations for the efficient enforcement of this part 4 is vested in the department. The department is authorized to make the regulations promulgated under this part 4 conform, insofar as practicable, with those promulgated under the federal act, the federal "Fair Packaging and Labeling Act", 15 U.S.C. secs. 1451-1461, and the "Federal Meat Inspection Act", as amended, 21 U.S.C. secs. 603-623. All regulations promulgated under this part 4 shall be promulgated in accordance with the provisions of article 4 of title 24, C.R.S.
Hearings authorized or required by this part 4 or by article 4 of title 24, C.R.S., shallbe conducted by the department or such officer, agent, or employee as the department may designate for the purpose.
All pesticide chemical regulations and their amendments adopted under authority ofthe federal act are the pesticide chemical regulations in this state. However, the department may adopt regulations which prescribe tolerances for pesticides in finished foods in this state which are no less stringent than regulations promulgated under the federal act.
All food additive regulations and their amendments adopted under authority of thefederal act are the food additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a food additive may be used in this state which are no less stringent than regulations promulgated under the federal act.
All color additive regulations and their amendments adopted under authority of thefederal act are the color additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a color additive may be used in this state which are no less stringent than regulations promulgated under the federal act.
All special dietary use regulations and their amendments adopted under authority ofthe federal act are the special dietary use regulations in this state. However, the department may, if it finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations which are no less stringent than regulations promulgated under the federal act.
All regulations and their amendments adopted under the federal "Fair Packaging andLabeling Act" shall be the regulations in this state. However, the department may, if it finds it necessary in the interest of consumers, prescribe packaging and labeling regulations for consumer commodities which are no less stringent than regulations promulgated under such "Fair Packaging and Labeling Act", but no such regulations shall be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to the "Fair Packaging and Labeling Act", 15 U.S.C. sec. 1453, and the regulations promulgated thereunder.
All regulations establishing standards of identity and composition for meat and meatfood products and their amendments adopted under the "Federal Meat Inspection Act", as amended, 21 U.S.C. secs. 603-623, are the established standards of identity and composition for meat and meat food products in this state. However, the department may, if it finds it necessary in the interest of consumers, adopt additional regulations establishing standards of identity and composition for meat and meat food products which are no less stringent than regulations promulgated under the "Federal Meat Inspection Act".
(a) A federal regulation automatically adopted pursuant to this part 4 takes effect in this state on the date it becomes effective as a federal regulation. The department shall publish all other proposed regulations thirty days prior to hearing thereon. A person who may be adversely affected by a regulation may file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation in this state.
If no substantial objections are received and no hearing is requested within thirtydays after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least sixty days after the time for filing objections has expired.
If substantial objections are made to a federal regulation within thirty days after it isautomatically adopted or to a proposed regulation within thirty days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a federal regulation, it may reinstate, rescind, or modify such regulation. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least sixty days after publication of the order.
Source: L. 57: p. 439, § 19. CRS 53: § 66-22-19. C.R.S. 1963: § 66-20-19. L. 70: pp. 209, 210, §§ 13, 14. L. 2020: (1) and (8) amended, (HB 20-1402), ch. 216, p. 1054, § 54, effective June 30.