The Association is getting calls from the press and we are reviewing the articles and the "mostly" good information that has been coming out.
I wanted to be clear that the vast majority of the regulatory requirements are on the producers and distributors. There are important exceptions from small farms and smaller retailers. (When the bill was being negotiated, CWPMA and RMFIA at the time both got involved and worked for these allowances when the sponsors and the Department)
the Department of Agriculture engaged in the rule making around this over a year ago in preparation for the transition and due to the implementation of the bill:
https://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_1343_enr.pdf
Its important to remember that in part this was a negotiated agreement between .
"At the time the bill was kicked around avoided a ballot initiative threatened by World Animal Protection that would have required earlier transition to cage-free systems as well as prohibiting the sale of calves raised in veal crates or pork from sows raised in gestational crates. The language of the bill was a collaboration between Colorado Egg Producers, the Colorado Department of Agriculture, and Humane Society of the U.S. (HSUS)." - Colorado politics
Its important to remember that the sponsors of the legislation got involved to try and keep the prices down on Colorado families, if the national groups that had threatened the ballot initiative would have had their way all sorts of things would have cost way more money. Part of the reason we took the position we did was an recognition that Colorado voters would have likely backed the increased requirements without understanding the impact to agriculture production and prices.. The bill was the best outcome out of a terrible situation.
Some of the comments directed at the sponsors including Roberts and Donovan, are pretty unfair, but it is true that the law passed did increase prices.
Here is a good summary: https://www.youtube.com/watch?v=ATNTrvdQxIk
Here is a reminder from the Department of agriculture - on the small farms and small retailers exceptions:
Importantly for retailers that do not meet the exception criteria please work with your distributor to become compliant and maintain the proper certification for records.
Q: What is required of my business by January 1, 2025?
A: A business owner may not knowingly sell or transport for sale in Colorado eggs or egg products that were produced by a hen that was confined in a manner not compliant with the enclosure requirements described above.
Q: What if the eggs I sell are from farms with 3,000 or fewer egg-laying hens?
A: The business owner requirements do not apply if eggs sold are from farms with 3,000 or fewer egg-laying hens or:
Q: What if each of my business locations sells fewer than 25 cases of thirty dozen shell eggs per week?
A: The business owner requirements do not apply if each business location owned by or operated by the business owner sells fewer than 25 cases of thirty dozen shell eggs per week.
Q: What if all of my business locations collectively sell fewer than one hundred cases of thirty dozen shell eggs per week?
A: The business owner requirements do not apply if all business locations owned by or operated by the business owner or operator collectively sell fewer than one hundred cases of thirty dozen shell eggs per week.
Q: Is the CO-COM required on the label if a company is only shipping strictly Cage-Free products that are clearly labeled as Cage-Free?
A: Yes. Labels must include CO-COM in letters of not less than 1/8 inch on egg cartons or egg product packages. Bulk shipments may have either CO-COM on shipping documents or be accompanied by a copy of the farm's certificate of compliance.
Q: Can I sell eggs in Colorado if my farm has not been audited yet?
A: No. To receive a Certificate of Compliance to sell eggs and egg products in Colorado, you must have an on-site audit dated within 365 days of the date of application.
Q: When shipping Cage-Free eggs and egg products into CO that may, or may not, be sold in Colorado can they be labeled both CO-COM and Cage-Free to allow for flexibility at the Distribution center if they ship locally and out of state?
A: As long as the eggs are compliant with the Act and the Rule, and the farm has been issued a Certificate of Compliance, then they may label the eggs as CO-COM.
Q: What is required of a farm and/or packing plant?
A: Farms and packing plants must obtain a Certificate of Compliance from the Colorado Department of Agriculture (CDA) that affirms that the eggs produced and distributed are compliant with the regulations.
Q: What is the process to receive a Certificate of Compliance?
A: Farms and/or packing plants will have an on-site audit conducted by an accredited certifying agent to ensure their operations are cage-free, or if a split operation proper operating procedures are in place to ensure segregation and proper labeling of cage-free eggs. Once audited, the business will submit an application and a copy of the audit to CDA.
Q: What is required of a business owner?
A: The business owner must receive a copy of the certificate and retain a copy for their records. In lieu of a certificate of compliance, 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”.
Q: What kind of records are required of a farm owner?
A: Farm owners must keep records of their production, and sale of shell eggs and egg products, in sufficient detail to document that egg-laying hens were confined in compliance with the Act and the requirements of the rules.
Q: What kind of records are required of a business owner?
A: Business owners must obtain a copy of the certificate of compliance from the farm owner or title documents received from the farm owner or operator that indicate the lot of shell eggs or egg products is compliant with the Act.
Q: How long do records need to be retained?
A: Records must be retained for two years.
Q: How long is the certification effective?
A: The certification will expire on December 31 of each calendar year. The farm owner must renew their certification annually.
Q: Do I have to label my cartons?
A: Yes, the side of each container of all shell eggs and egg products for sale, or destined for sale, in Colorado shall contain the statement “CO-COM”.