§ 25-5-409 — Regulations

(1) Definitions and standards of identity, quality,
and fill of container for any food adopted under authority of the federal act are the
definitions and standards of identity, quality, and fill of container in this state.
However, when, in its judgment, such action will promote honesty and fair dealing in
the interest of consumers, the department may promulgate additional regulations
establishing definitions and standards of identity, quality, and fill of container for
foods which are not subject to any federal regulations. Any definition or standard of
identity, quality, or fill of container promulgated under this subsection (1) which is in
addition to federal definitions and standards shall constitute a regulation of the
department, and it shall be subject to the requirements of section 25-5-420
concerning the procedures for promulgating such regulations. The department may
promulgate amendments to any federal or state regulations which set definitions
and standards of identity, quality, and fill of container for foods in the same manner
as is provided for their adoption.

(2) Temporary permits granted under the federal act for interstate shipment
of experimental packs of food varying from the requirements of federal definitions
and standards of identity are automatically effective in this state under the
conditions provided in such permits. The department may issue additional permits if
they are necessary to the completion or conclusiveness of an otherwise adequate
investigation and if the interests of consumers are safeguarded. Such permits are
subject to the terms and conditions the department may prescribe by regulation.

Legislative History

Source: L. 57: p. 429, � 9. CRS 53: � 66-22-9. C.R.S. 1963: � 66-20-9. L. 70: p. 199, � 3.