(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.
(2)Hearings authorized or required by this part 4 or by article 4 of title 24,
C.R.S., shall be conducted by the department or such officer, agent, or employee as
the department may designate for the purpose.
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(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.
(2) Hearings authorized or required by this part 4 or by article 4 of title 24,
C.R.S., shall be conducted by the department or such officer, agent, or employee as
the department may designate for the purpose.
(3) All pesticide chemical regulations and their amendments adopted under
authority of the 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.
(4) All food additive regulations and their amendments adopted under
authority of the federal 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.
(5) All color additive regulations and their amendments adopted under
authority of the federal 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.
(6) All special dietary use regulations and their amendments adopted under
authority of the 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.
(7) All regulations and their amendments adopted under the federal Fair
Packaging and Labeling 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.
(8) All regulations establishing standards of identity and composition for
meat and meat food 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.
(9) (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.
(b) If no substantial objections are received and no hearing is requested
within thirty days 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.
(c) If substantial objections are made to a federal regulation within thirty
days after it is automatically 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.