8 CCR 1202-14 Part 9 - Statements of Basis, Specific Statutory Authority and Purpose

9.1. Adopted June 11, 2014 - Effective July 30, 2014

STATUTORY AUTHORITY:

The Commissioner of Agriculture, is authorized to adopt these permanent rules pursuant to Section 35-14-107(1)(o), C.R.S.

PURPOSE:

The specific purposes of these Rules are as follows:

1. Create a new Part 1 that defines the scope of these Rules. These Rules apply to the retail sale of certain commodities.
2. Create a new Part 2 that clarifies unit price advertising requirements for bulk food commodities.
3. Create a new Part 3 that establishes the method of sale for meat, poultry, fish and seafood.
4. Create a new Part 4 that defines and establishes a method of sale for ready-to-eat food.
5. Create a new Part 5 that defines and establishes a method of sale for fireplace and stove wood.
6. Create a new Part 6 that defines and establishes a method of sale for container plants.

FACTUAL AND POLICY ISSUES:

1. These method of sale Rules for specific commodities are being promulgated in an effort to provide the consumer a means of making an informed purchasing decision by enabling them to make a value comparison between commodities. The language in Parts 2-5 of these Rules is taken from the National Model Law Method of Sale for Commodities in NIST Handbook 130, 2014 ed. The language in these Rules is thus in alignment with the method of sale model law which is followed by all other weights and measures jurisdictions nationally.
2. Part 2 of these Rules clarifies that unit price advertising for bulk food commodities must be represented in the largest whole unit. While much of the industry already complies with this, there are market categories that sell/advertise food products in fractional quantities, thereby making it difficult for the consumer to facilitate a value comparison. These Rules, therefore, would eliminate such confusion by requiring that unit price advertising is done using whole units and not fractions thereof.
3. During 2008-09 the Department of Regulatory Agencies performed a Sunset Review of the Colorado Measurement Standards Act. During this process Section 35-14-113 C.R.S., which addressed the method of sale for meat, poultry and seafood, was repealed. Part 3 clarifies that meat, poultry and seafood must be sold by weight or in the case of shellfish sold in the shell, by weight, measure or count.
4. Ready-to-eat foods are often sold without a quantity declaration, making it hard for a consumer to know how much they are getting, or to facilitate a value comparison. Part 4 clarifies that ready-to-eat foods must declare a weight, measure or count when sold.
5. To date, there is no method of sale rule for firewood in Colorado. Current advertising terms and quantity declarations used by industry are often misleading, and fail to provide enough information to the consumer. This makes it difficult for the consumer to make an informed decision or value comparison when making a purchasing decision. Part 5 was written to protect the consumer from deceptive advertising and sales practices.
6. Representatives in the nursery/greenhouse industry expressed concern to the Department that quantity statements made by some sellers of container plants were deceptive and misleading. They asked the Department for increased enforcement of their method of sale. Part 6 was developed with the help of industry stakeholders to define what a container plant is and establish a consistent method of sale to eliminate deceptive and confusing methods of sale for container plants.

Notes

8 CCR 1202-14 Part 9
37 CR 13, July 10, 2014, effective 7/30/2014

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