Eggs

C.R.S. tit. 35, art. 21
in effect

C.R.S. § 35-21-101 Definitions

35-21-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Candling" means examining the interior of an egg by use of transmitted light sufficient to view the interior of the egg. (2) "Commission" means the state agricultural commission. (3) "Commissioner" means the commissioner of agriculture. (4) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 224, § 7, effective July 1, 2009.) (5) "Consumer" means any person who buys eggs for household consumption and not for resale. (6) "Dealer" means any person who is engaged in selling poultry eggs or other eggs. (7) "Department" means the department of agriculture. (8) "Edible eggs" means eggs which are free from mold, blood ring, blood spot, bloody whites, filth, stuck yolk, black rot, white rot, mixed rot, or any other inedible quality as defined by the United States department of agriculture. (9) (Deleted by amendment, L. 95, p. 699, § 15, effective May 23, 1995.) (10) and (11) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 224, § 7, effective July 1, 2009.) (12) Repealed. (13) "Manufacturer" means any person engaged in the business of manufacturing or preparing any product intended for sale for human consumption in which eggs in any form or part are used. (13.5) "Other eggs" means the eggs with a shell of any avian species, as designated by the commissioner by rule, other than the domesticated chicken. (14) "Person" means a person, partnership, association, or corporation. (15) "Poultry eggs", "shell eggs", or "eggs" means shell eggs of the domesticated chicken. (16) "Producer" means any person engaged in producing poultry eggs or other eggs in this state. (17) "Restaurant" means any person engaged in the business of catering or furnishing meals to the public. (18) and (19) Repealed. (20) Where applicable, the singular includes the plural; the plural, the singular; and the masculine, the feminine.

C.R.S. § 35-21-102 Importation, classification, and grades

35-21-102. Importation, classification, and grades. (1) All shell eggs shall be edible eggs, and shall be candled and graded into Colorado consumer grades. (2) The consumer grades and weight classes for shell eggs, and standards for quality of individual shell eggs, shall be based on the United States department of agriculture grades and weight classes for shell eggs and standards for quality of individual shell eggs. The commission may adopt regulations as applicable and necessary to conform to current United States department of agriculture regulations for shell eggs. (3) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 225, § 8, effective July 1, 2009.) (4) A copy of the United States department of agriculture regulations governing the grading of shell eggs and United States standards, grades, and weight classes for shell eggs shall be kept on file in the office of the commissioner and shall be open to public inspection during normal business hours.

C.R.S. § 35-21-103 Refrigeration - transportation

35-21-103. Refrigeration - transportation. (1) Repealed. (2) All eggs shall be kept under adequate refrigeration. The refrigeration shall be such that the temperature of the eggs does not exceed the temperature established in rules adopted by the commissioner pursuant to section 35-21-106 (1). (3) Every vehicle used to transport eggs shall be maintained in a sanitary condition and shall be enclosed to protect eggs from extreme heat or cold. (4) to (9) (Deleted by amendment, L. 95, p. 699, § 16, effective May 23, 1995.)

C.R.S. § 35-21-104 Licenses - application - fees - rules

35-21-104. Licenses - application - fees - rules. (1) Every person selling poultry eggs or other eggs within this state shall obtain from the department a dealer's license for each place where the business is conducted. A license is not transferable. The license expires and may be renewed in accordance with rules promulgated by the commissioner. No reduction of license fee may be made for a fractional part of a year. (2) (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.) (3) An application for a license shall state: (a) The name of the applicant; (b) If the applicant is a firm, the names of its members; (c) If the applicant is a corporation, the names of its officers; (d) The location of the business; (e) The telephone number of the business; (f) Any ownership information concerning the application that the commissioner may require; and (g) Any contact information that the commissioner may require. (4) (a) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 223, § 5, effective July 1, 2009.) (b) (I) The license categories shall be established by rule by the commissioner based on the average number of cases of poultry eggs (thirty dozen per case) or other eggs sold per week during the previous twelve months. (II) The commission may establish a late fee for a license renewed after it has expired. (III) Fees for each license category shall be as established by the commission. (IV) The applicant for a license shall keep such records as may be necessary to indicate accurately the quantity of poultry eggs or other eggs sold per week during the year and shall allow the commissioner to examine these records in determining the quantity of poultry eggs or other eggs sold. A licensee shall retain the records of quantity sold for two years. (c) and (d) (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.) (e) Repealed. (f) to (i) (Deleted by amendment, L. 95, p. 700, § 17, effective May 23, 1995.) (j) For the fiscal year commencing on July 1, 2007, and for each subsequent fiscal year, the agricultural commission shall establish a fee schedule to cover all of the direct and indirect costs of administering and enforcing this part 1. (5) All license fees shall be deposited with the state treasurer and credited to the inspection and consumer services cash fund created in section 35-1-106.5.

C.R.S. § 35-21-105 Exemption - rules

35-21-105. Exemption - rules. (1) (a) Except as provided in subsection (2) of this section, a person who produces and sells only on the premises at which the poultry eggs were produced, at a farmers' market, or through a community-supported agricultural organization, less than two hundred fifty dozen poultry eggs per month is exempt from this part 1; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license. (b) The commissioner may promulgate rules exempting small producers of other eggs or dealers of other eggs from any provision of this part 1 and setting the conditions for the exemption; except that such a producer may apply for a dealer's license and, if in compliance with this part 1, be issued a dealer's license. (2) A person transporting eggs for sale at a farmers' market or similar venue under subsection (1) of this section shall: (a) Comply with the transport requirements of section 35-21-103 (3) and any rules, including rules requiring refrigeration, promulgated under this part 1 regarding the safe transport and washing of eggs; and (b) Affix to the egg package a label containing the address at which the eggs originated and the date on which the eggs were packaged. Any eggs not treated for salmonella must also include the following statement on the package: "Safe Handling Instructions: To prevent illness from bacteria, keep eggs refrigerated, cook eggs until yolks are firm, and cook any foods containing eggs thoroughly. These eggs do not come from a government-approved source."

C.R.S. § 35-21-106 Rules - commissioner to enforce - procedure

35-21-106. Rules - commissioner to enforce - procedure. (1) The commissioner may formulate rules concerning licensing, transporting, processing, labeling, sale, storage, inspection, and record keeping for the furtherance and enforcement of this part 1 for both poultry eggs and other eggs. The commissioner shall promulgate the rules in accordance with article 4 of title 24. (2) (a) The commissioner is responsible for enforcing this article. The commissioner or the commissioner's designee shall have access during regular business hours to business premises, facilities, vehicles, and records pertinent to activities regulated under this article. (b) If the commissioner determines that this article 21 or the rules promulgated for the enforcement of this article 21 are being violated, the commissioner may cause "stop sale notices" to be placed on all poultry eggs or other eggs being sold or offered for sale in violation of this article 21 or the rules. A person shall not sell or otherwise dispose of poultry eggs or other eggs upon which a "stop sale notice" has been issued until the "stop sale notice" has been canceled by the commissioner or a duly authorized agent. (3) (a) If an authorized person from the department requests to inspect poultry eggs or other eggs, it is unlawful for a person to refuse to submit for inspection the following or to refuse to stop a vehicle transporting the following: (I) Poultry eggs; (II) Other eggs; (III) Poultry egg products; or (IV) Other egg products. (b) Any authorized agent of the department may, while enforcing this article 21, seize and hold as evidence any carton or container of poultry eggs or other eggs received, packed, stored, delivered for shipment, loaded, or in transit in violation of this article 21.

C.R.S. § 35-21-107 Penalty

35-21-107. Penalty. (1) Any person who violates any of the provisions of this part 1 is guilty of a misdemeanor. It is the duty of the commissioner to notify the district attorney of the judicial district in which a violation occurs, and the district attorney of said district shall conduct such proceedings as may be necessary with the cooperation of the commissioner. Upon conviction in any court of competent jurisdiction, any person in violation of this part 1 shall be punished by a fine of not more than five hundred dollars. Each calendar day on which such a violation occurs shall constitute a separate violation. Fines and penalties imposed under this part 1 shall be collected and remitted as provided by law. (2) After proper hearing as provided in article 4 of title 24, the commissioner may deny an application for licensure, place a licensee on probation, or restrict, suspend, revoke, or refuse to renew the license of a person who violates this part 1 or any rule adopted under this part 1. The restriction, revocation, or suspension of or refusal to renew a license may be in addition to, or in lieu of, any penalties or fines imposed in subsection (1) of this section.

C.R.S. § 35-21-107.5 Civil penalties

35-21-107.5. Civil penalties. (1) (a) The commissioner may impose a civil penalty on any person who violates this part 1 or any rule adopted under this part 1. The penalty must not exceed seven hundred fifty dollars per day per violation. (b) Before imposing a civil penalty, the commissioner may consider the effect of such penalty on the ability of the violator to stay in business. (2) (a) The commissioner shall not impose a civil penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S. (b) Upon a finding that the commissioner did not have probable cause to impose a civil penalty, the person charged may recover from the department such person's costs and attorney fees. (3) If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty imposed pursuant to this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by action in a court of competent jurisdiction. (4) The commissioner shall transmit civil penalties collected under this section to the state treasurer, who shall credit the money to the general fund.

C.R.S. § 35-21-108 Repeal of sections - review of functions

35-21-108. Repeal of sections - review of functions. Sections 35-21-104 and 35-21-107 (2) and this section are repealed, effective September 1, 2031. Before the repeal, the licensing functions of the department are scheduled for review in accordance with section 24-34-104.

C.R.S. § 35-21-201 Legislative declaration

35-21-201. Legislative declaration. In accordance with the general assembly's authority to protect the health and welfare of consumers, promote food safety, and advance animal welfare, the general assembly finds and declares that the regulation of egg production on farms and of the sale of eggs and egg products will further these goals.

C.R.S. § 35-21-202 Definitions

35-21-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Business owner or operator" means any person who owns or controls the operations of a business. (2) (a) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens to which all of the following apply: (I) For an indoor environment, the egg-laying hens are free to roam unrestricted except by the following: (A) Exterior walls; and (B) Interior fencing used to contain the entire egg-laying hen flock within the building or subdivide flocks into smaller groups if farm employees can walk through each contained or subdivided area to provide care to egg-laying hens and if each egg-laying hen has the minimum amount of usable floor space described in section 35-21-203 (1)(b)(II); (II) Egg-laying hens are provided enrichments that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and (III) Farm employees can provide care while standing within the egg-laying hens' usable floor space. (b) "Cage-free housing system" includes multi-tiered aviaries, partially slatted systems, and single-level all-litter floor systems. (c) "Cage-free housing system" does not include systems commonly described as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages, or similar cage systems. (3) "Commissioner" means the commissioner of agriculture. (4) "Egg-laying hen" means a female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of commercial egg production. (5) (a) "Egg product" means an egg of an egg-laying hen that is separated from the shell and intended for human food, whether in liquid, solid, dried, or frozen form, whether raw or cooked, and with: (I) The egg yolk and egg white in their natural proportions; or (II) The egg yolk and egg white separated, mixed, or mixed and strained. (b) "Egg product" does not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, or ice cream, that include egg as one of multiple ingredients in the product; except that merely adding sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, or similar food additives does not make an egg product a combination food product. (6) "Enclosure" means a structure used to confine an egg-laying hen. (7) (a) "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. (b) "Farm" does not include live animal markets or official plants where mandatory inspection is maintained under the federal "Egg Products Inspection Act", 21 U.S.C. sec. 1031 et seq., as amended. (8) "Farm owner or operator" means a person that owns a farm or controls the operations of a farm. (9) "Multi-tiered aviary" means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms. (10) "Partially slatted system" means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below the platform. (11) "Sale" means a commercial sale by a business that sells any item covered by this part 2. "Sale" does not include any sale undertaken at an official plant where mandatory inspection is maintained under the federal "Egg Products Inspection Act", 21 U.S.C. sec. 1031 et seq., as amended. (12) "Shell egg" means a whole egg of an egg-laying hen in its shell form, intended for use as human food. . (11) "Sale" means a commercial sale by a business that sells any item covered by this part 2. "Sale" does not include any sale undertaken at an official plant where mandatory inspection is maintained under the federal "Egg Products Inspection Act", 21 U.S.C. sec. 1031 et seq., as amended. (12) "Shell egg" means a whole egg of an egg-laying hen in its shell form, intended for use as human food. (13) "Single-level all-litter floor system" means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms. (14) (a) "Usable floor space": (I) Means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the number of egg-laying hens in that enclosure; and (II) Includes both ground space and elevated level or nearly level flat platforms upon which egg-laying hens can roost. (b) "Usable floor space" does not include perches or ramps.

C.R.S. § 35-21-203 Enclosure requirements - repeal

35-21-203. Enclosure requirements - repeal. (1) (a) (I) On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen. (II) This subsection (1)(a) is repealed, effective January 1, 2025. (b) On and after January 1, 2025, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure: (I) That is not a cage-free housing system; or (II) That has less than: (A) One square foot of usable floor space per egg-laying hen in a cage-free housing system that provides egg-laying hens with unfettered access to vertical space, such as a multi-tiered aviary or a partially slatted system; or (B) One and one-half square feet of usable floor space per egg-laying hen in a cage-free housing system that does not provide egg-laying hens with unfettered access to vertical space, such as a single-level all-litter floor system. (2) (a) A business owner or operator shall not knowingly sell or transport for sale in the state a shell egg or egg product that the business owner or operator knows or should know was produced by an egg-laying hen that was confined in a manner that conflicts with the standards required in subsection (1) of this section. (b) (I) This subsection (2) takes effect January 1, 2023. (II) This subsection (2)(b) is repealed, effective January 1, 2025. (3) For the purposes of this part 2, a sale is deemed to occur at the location where the buyer takes physical possession of the item.

C.R.S. § 35-21-204 Exceptions

35-21-204. Exceptions. (1) Section 35-21-203 (1) does not apply during: (a) Medical research; (b) Examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the direct supervision of a veterinarian licensed in accordance with article 315 of title 12; (c) Transportation; (d) A state or county fair exhibition, a 4-H program, and similar exhibitions; (e) Slaughter, if done in accordance with an applicable law; or (f) Temporary periods for animal husbandry purposes for no more than six hours in any twenty-four-hour period and no more than twenty-four hours total in any thirty-day period. (2) This part 2 does not apply to: (a) The production in the state, sale in the state, or transport for sale in the state of shell eggs by a farm owner or operator with annual shell egg production from three thousand or fewer egg-laying hens if all shell eggs sold in the state or transported for sale in the state by the farm owner or operator are derived from three thousand or fewer egg-laying hens; or (b) The sale of or transport for sale of shell eggs in the state by a business owner or operator at one or more business locations in the state if all of the following conditions are met: (I) Each business location owned by or operated by the business owner or operator sells fewer than twenty-five cases of thirty dozen shell eggs per week; (II) 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; and (III) The business owner or operator is not a farm owner or operator.

C.R.S. § 35-21-205 Defense

35-21-205. Defense. It is a defense in a proceeding to enforce this part 2 that a business owner or operator relied in good faith upon a written certification by the supplier that the shell egg or egg product was not derived from an egg-laying hen that was confined in a manner that conflicts with the standards in section 35-21-203 (1).

C.R.S. § 35-21-206 Penalty

35-21-206. Penalty. (1) If a farm owner or operator or business owner or operator violates this part 2, the commissioner may impose a civil penalty not to exceed one thousand dollars per violation. (2) If the commissioner is unable to collect a civil penalty or if a farm owner or operator or business owner or operator fails to pay any portion of a civil penalty imposed under this section, the commissioner may recover the amount of the penalty, plus costs and attorney fees, by an action in a court. (3) The commissioner shall not impose a civil penalty unless the person charged is given notice and opportunity for a hearing in accordance with article 4 of title 24.

C.R.S. § 35-21-207 Enforcement - rules

35-21-207. Enforcement - rules. (1) The commissioner shall enforce this part 2. A farm owner or operator or a business owner or operator shall allow the commissioner or the commissioner's designee access during regular business hours to the farm or business, vehicles, and records pertinent to activities regulated in this part 2. (2) The commissioner shall promulgate rules governing the enforcement of this part 2, including rules governing the inspection of farms, shell eggs, and egg products, to ensure shell eggs and egg products sold in Colorado are produced in compliance with this part 2. (3) The commissioner may use a government or private inspection or process verification provider to ensure compliance with this part 2. To rely on a government or private inspection or process verification provider, the commissioner must approve the specific inspection or process verification provider as competent to ensure compliance with this part 2 during both production and handling of shell eggs and egg products.

C.R.S. § 35-21-208 Certification - repeal

35-21-208. Certification - repeal. (1) (a) To sell shell eggs and egg products, to offer to sell shell eggs or egg products, or to transport shell eggs or egg products for sale within the state: (I) A farm owner or operator must obtain a certificate that the shell eggs or egg products are produced in compliance with this part 2 from the commissioner; (II) A business owner or operator must obtain a copy of the certificate issued under subsection (1)(a)(I) of this section from a farm owner or operator that the shell eggs or egg products comply with this part 2. The business owner or operator shall retain the copy and provide the copy to the commissioner upon request. (b) The commissioner shall certify shell eggs and egg products as compliant with this part 2 if: (I) The enclosures for the egg-laying hens are inspected in accordance with the rules promulgated under section 35-21-207 (2); or (II) The commissioner determines the shell eggs and egg products are accompanied with documentation proving the enclosures for the egg-laying hens have undergone government or private inspection and process verification services described in section 35-21-207 (3). (2) The certification issued under this section expires at the end of the calendar year. (3) (a) This section applies to the sale of, an offer to sell, or the transportation of shell eggs and egg products for sale within the state occurring on or after January 1, 2023. (b) This subsection (3) is repealed, effective January 1, 2025.

C.R.S. § 35-21-209 Effects on other animal welfare laws

35-21-209. Effects on other animal welfare laws. This part 2 does not limit or replace any other state statute or rule that protects the welfare of animals. This part 2 does not preempt a local governing body from adopting and enforcing its own animal welfare ordinance, rule, resolution, or charter provision that is more stringent than this part 2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-35.docxFetched: 10/6/2026