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Ag Commission approves Produce Safety rule updates and confirms two animal protection agents
Summary
The Colorado Department of Agriculture(Ag Commission) voted to adopt revisions to the Produce Safety Act rule and approved two Bureau of Animal Protection agent appointments. The rules add definitions, clarify enforcement authorities and add corrective actions; the two agent appointments were recommended by agency staff.
The Colorado Department of AgricultureAg Commission on Sept. 17 adopted changes to the Produce Safety Act rule (8 CCR 1202-17) and confirmed two new Bureau of Animal Protection agents.
The commission voted to support the proposed rule changes, which the department said add definitions (including "adulterated," "imminent threat to human health" and "regulated person"), incorporate by reference relevant Food, Drug and Cosmetic Act language, raise the dollar threshold that determines which growers are covered, and add a new section listing corrective tools the department may use such as corrective action plans, sampling, stop-sale, recall, embargo and quarantine. Dwayne Sineath, who presented the rule changes to the commission, said the new section clarifies "the Department of Ag's role on the farm." The department held outreach including a June 23 town hall and an Aug. 28 hearing before the rule came to the commission.
The commission also approved the appointments of two Bureau of Animal Protection agents: Kevin Stevenson, employed by the Humane Society of the Pikes Peak Region, and Sarah Angel of Arapahoe County Animal Services. Joe Stafford, director of the Division of Animal Welfare, said both candidates exceed minimum requirements and were recommended by division leadership.
Why it matters: The rule changes expand and clarify the department's enforcement toolbox under the Produce Safety Act, including when the agency may act to prevent produce posing an "imminent threat to human health" from entering commerce. During discussion, commission counsel cited Colorado statute C.R.S. 35-77-108 as the statutory process for protest and hearing on cease-and-desist orders, providing an administrative appeal path for regulated parties.
What the commission did: The motion to support the amendment to the fruit and vegetable inspection/process (Produce Safety rule changes) was made by Commissioner Catherine Bedell and seconded by Amanda Weaver; the transcript records the motion carried. A separate motion to confirm Kevin Stevenson and Sarah Angel as Bureau of Animal Protection agents was made by Commissioner Colleen Peppler and seconded by Nick Treanor; the transcript records that motion carried.
Details and next steps: The rule text adopted (listed in the department packet) raises the grower threshold to align with surrounding states and national allowances, and replaces prior in-rule references to the Food, Drug and Cosmetic Act by incorporating the code where needed. The department said it coordinated definitions with the Colorado Department of Public Health and Environment. The new corrective-action section (part 25 in the department's redline) explains how stop-sale, recall, quarantine and sampling may be applied in practice.
The appointments become effective per agency practice; the division said both candidates meet requirements and were appointed after staff review. The commission did not record vote tallies or roll-call votes for these items in the public transcript; minutes and the department's official meeting record will include formal vote notation.
