COLORADO DEPARTMENT OF AGRICULTURE
Inspection and Consumer Services Division
Rules Pertaining to the Administration and Enforcement of the Custom Processing of Meat Animals Act
8 CCR 1202-13
PART 5.	SANITARY REQUIREMENTS
5.1.	Except as provided in Part 4.9 above, all processing facilities licensed under the Act shall comply with the requirements of this Part 5.
5.2.	The exterior premises of any processing facility, including, without limitation, loading docks and other areas where vehicles are loaded and unloaded, and any driveways, alleys, yards, and pens, shall be kept in a clean and orderly condition and drained to prevent the accumulation of standing water.
5.3.	All catch basins and similar features of any waste disposal system shall be maintained in a clean and orderly condition to prevent the accumulation therein of waste products and avoid the creation of offensive odors.
5.4.	All rooms and other interior areas shall be free from any condition that could result in contamination of the meat product, including, without limitation, dirt, dust, or odors from catch basins, livestock pens, hide cellars, or any other source.
5.5.	All rooms and other interior areas shall be thoroughly cleaned after each day's use. All equipment and utensils used for meat processing shall be thoroughly cleaned and sanitized: 
5.5.1.	each time there is a change in processing from raw pork to raw meat products or to other species, or a change in processing from raw meat products to ready-to-eat meat products;
5.5.2.	after four hours of operation if the room where such equipment and utensils are used is at any time maintained at an ambient temperature of more than 50° F; and
5.5.3.	after each working day's use. Any item of equipment or utensil must be thoroughly cleaned and sanitized after any event at or during which time contamination of such equipment or utensil may have occurred. All cleaned and sanitized equipment and utensils, when stored after use, shall be protected and stored so as to avoid contamination.
5.6.	Meat product must be stored on racks or shelves elevated at least two inches from the floor in any freezer, and at least six inches from the floor in any cooler. Such racks and shelves must be constructed of durable, rust- and water-resistant materials that are capable of being readily and thoroughly cleaned. No meat product shall be placed beneath any carcass. Any non-food products or supplies shall be stored in a storage room or area separate from any room or area where meat product is processed or stored, on racks or shelves elevated from the floor at least 12 inches, and must be constructed of durable, rust and water resistant materials that are capable of being readily and thoroughly cleaned.
5.7.	Before being placed in a cooler, any carcass must be cleaned and free from any hair, waste product, dirt, or anything else that could contaminate the meat.
5.8.	If any large game animal is processed in any processing facility where other species of livestock is processed, all rooms, equipment, and utensils used in processing the large game animal shall be thoroughly cleaned and sanitized before they are used to process any such other livestock. The carcass and meat product of any large game animal shall at all times be kept separate and apart from the carcass and meat product of other species of livestock.
5.9.	Every processing facility shall establish and maintain procedures for excluding and removing flies, rats, mice, and any other vermin from the interior premises of the processing facility.
5.10.	All animals, other than those presented for processing, shall be excluded from the interior premises of a processing facility.
Part 7.	DISPOSAL OF INEDIBLE WASTE
7.1.	All inedible waste shall be denatured and disposed of by a method approved by the Commissioner. 
7.2.	Acceptable methods of denaturing:
7.2.1.	FD&C green No. 3 coloring;
7.2.2.	FD&C blue No. 1 coloring;
7.2.3.	FD&C blue No. 2 coloring;
7.2.4.	Finely powdered charcoal; or
7.2.5.	Other proprietary substance approved by the USDA FSIS Administrator.
7.3. 	Before the denaturing agents are applied to articles in pieces more than 4 inches in diameter, the pieces shall be freely slashed or sectioned.  If the articles are in pieces not more than 4 inches in diameter, slashing or sectioning will not be necessary.  The application of any of the denaturing to the outer surface of molds or blocks of boneless meat, meat byproducts, or meat food products shall not be adequate. The denaturing agent must be mixed intimately with all of the material to be denatured, and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.
7.4.	Any container used in the processing facility for the disposal of waste generated from processing, other than a disposable waste container that is discarded at the end of the work day, must be constructed and finished with durable, water-resistant materials that are capable of being readily and thoroughly cleaned. All waste containers, including, without limitation, disposable waste containers, shall be limited to and clearly marked for such use, and maintained in a clean and sanitary condition.
7.5.	All waste products from processing shall be disposed of daily, or stored for later disposal in a manner that does not create any condition that could cause contamination, or otherwise adversely affect the wholesomeness or quality of any meat product, or generate offensive odors or other objectionable conditions.
7.6.  	Approved methods of disposal include:
7.6.1.	Disposal to a licensed rendering company;
7.6.2.	Sanitation Landfill;
7.6.3.	Composting, subject to approval by county and / or state health agency;
7.6.4.	Burial on site, subject to approval by county and / or state health agency; or
7.6.5.	Retail or wholesale sale under the following conditions:
7.6.5.1.	Waste products to be sold are limited to the hides, antler, and bones, of wild game only; 
7.6.5.2.	 The processor notifies the department prior to engaging in retail or wholesale sales of hide, antler, and bone products;
7.6.5.3.	The processor collects a signed disclosure from the owner of the animal carcass advising them that the hide, antler, or bone may be sold as a method of disposal. These records must be kept for a period of at least two years, and made available to the Commissioner upon request; and
7.6.5.4.	The bones must be decharacterized and kept segregated from all other edible and non-edible material in clean containers. Raw bone must be stored under refrigeration until delivered to buyer.
Parts 8-9.	Reserved
PART 10.	STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
10.1.	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 § 35-33-104(1), C.R.S. (2008), and § 35-33-206(3), C.R.S., as enacted in SB 09-117.
PURPOSE:
The purpose of these Permanent Rule Amendments is to adopt new rules pertaining to the Colorado Slaughter, Processing, and Sale of Meat Animals Act to comply with the amendments to the Act set forth in SB 09-117.
These Permanent Rule Amendments:
a.	Incorporate the Act’s new short title wherever cited in the rules.
b.	Modify the terms “processing facility” to read “custom processing facility.”
c.	Establish a license expiration date of June 30.
d.	Amend references to sections in the Act to refer to amended section numbers.
e.	Delete obsolete rule definition of “processing” which is now defined in the Act.
f.	Add a section to contain the statements of basis, specific statutory authority and purpose.
g.	Remove the rule contained under the Animal Industry Division section of the CCR at 8 CCR 1201-14 to the Inspection and Consumer Services Division section of the CCR with a new number of 8 CCR 1202-13 and a new rule title.
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 Slaughter, Processing and Sale of Meat Animals Act, which resulted in several legislative amendments to the Act enacted by SB 09-117, effective July 1, 2009, that:
a.	Change the title of the Act to the Custom Processing of Meat Animals Act. These rules reflect the correct short title of the Act.
b.	Specify that the Commissioner has jurisdiction only over meat processing facilities that perform custom processing. As used throughout the rules, the term “processing facility” is amended to read “custom processing facility” in order to clarify that jurisdiction is only over those facilities that perform custom processing.
c.	Remove the license expiration date from the Act and require that the Commissioner establish the date in rule. These rules establish a license expiration date of June 30.
d.	Amend some section numbers in the Act. These rules refer to the amended section numbers. 
2. 	The Commissioner intends to adopt Emergency Amendments to the Rules on July 1, 2009 at 8 CCR 1201-14 in order to implement the changes to the Act made by the General Assembly in SB 09-117. These Permanent Rule Amendments will make permanent those Emergency Rule Amendments.
10.2.	Adopted April 9, 2013 – Effective July 1, 2014
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-33-206(3) and § 35-1-107(5(a), C.R.S.
PURPOSE:
The purpose of this permanent rule amendment is to amend Part 6.1 to change the expiration date for a license to operate a custom processing facility 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.
10.3.	Adopted November 9, 2016-Effective December 30, 2016
STATUTORY AUTHORITY:
The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-33-104(1) § 35-33-201(11), and § 35-33-202, C.R.S.
PURPOSE:
The purpose of this permanent rule amendment is to:
1.	Add labeling and recordkeeping requirements for poultry processors and strike the word “custom” where applicable.
2.	Update formatting to be consistent with other Rules within the Department.  
 FACTUAL AND POLICY BASIS:
The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:
1.	Senate bill 16-058 allows for poultry processers, licensed or exempt, to sell poultry to individuals so long as certain regulations regarding labeling and recordkeeping are followed. These regulations must be defined in rule by the Colorado Department of Agriculture. the poultry labeling requirements closely follow standard labeling requirements from the United States Department of Agriculture. Additional input from the Colorado Department of Public Health and Environment was incorporated to ensure requirements for poultry processers comport with state regulations for similar processing facilities.
10.4.	Adopted September 20, 2017 – Effective November 30, 2017
Statutory Authority
The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-33-104 C.R.S.
Purpose:
The purpose of this permanent rule amendment is to create a new Part 9 “Disposal of Inedible Waste” to establish requirements for disposal of inedible waste from wild game processing through retail and wholesale sales; and move Parts 2.6 and 5.6 that deal with the disposal of inedible waste generated by processing meat animals to Part 9. 
Factual and Policy Basis:
1.	The Department of Agriculture conducted a regulatory review of the Rules Pertaining to the Administration and Enforcement of the Custom Processing of Meat Animals Act - 8 CCR 1202-13.  This regulatory review resulted in the recommendation that certain existing rules related to the disposal of inedible waste generated through the processing of meat animals be deleted and incorporated into a new comprehensive rule.
2.	The industry representatives in our stakeholder review requested a change of existing policy regarding the disposal of large wild game inedible waste – specifically the disposal of hides, antlers, and bones from wild game and the possibility to allow for resale of these products by the processor.  Part 9 – Disposal of Inedible Waste allows licensed large wild game processors to sell the hides, antlers, and bones from wild deer and elk they process to a third party when certain conditions are met.
10.5.	Adopted April 10, 2019 – Effective May 30, 2019
Statutory Authority
The Commissioner’s authority for the adoption of these permanent rule amendments is set forth in §35-33-104(1), C.R.S. 
Purpose
The purpose of these permanent rule amendments is to create two separate rules, one for the processing and sale of poultry and one for the processing of large animals. Previously, the record keeping and labeling rules applicable to the processing and sale of poultry were combined in the rules applicable to the processing of large animals. Separating the poultry rules from the large animal rules provides a clear distinction between two types of processing and will eliminate confusion regarding which rules are applicable for the two different types of processing. 
These permanent rule amendments:
1.	Remove the rules applicable to the processing and sale of poultry because those rules have already been codified in 8 CCR 1202-16 and are no longer necessary.
Factual and Policy Issues 
The factual and policy issues pertaining to the adoption of these permanent rule amendments are as follows:
The amendments create two separate rule, one for the sale and processing of poultry and one for the processing of large animals. These separate rules account for the differences in processing procedures between poultry and large animals.