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Ag commission adopts technical amendment to Produce Safety Rule to align ‘adulterated’ definition with federal law
Summary
The commission voted to adopt a technical amendment to 8 CCR 1202‑17 that revises the Produce Safety Rule’s definition of “adulterated” to incorporate by reference the federal definition in 21 U.S.C. §342 (section 402 of the Federal Food, Drug, and Cosmetic Act).
Colorado Department of Agriculture food‑safety manager Dwayne Singh asked the commission to adopt a technical amendment to the Produce Safety Rule (8 CCR 1202‑17) on Jan. 21 to fix how the rule had adopted the term "adulterated." Singh said the proposed language would strike the adopted text and incorporate by reference the federal definition contained in 21 U.S.C. §342 (section 402 of the Federal Food, Drug, and Cosmetic Act).
Dwayne said the change is technical and would not alter the rule’s substantive effect; instead, it corrects the way the term was previously adopted into state rule language. Commissioner Jeffrey McCullough moved to approve the amendment and Amanda Weaver seconded. The commission voted in favor and the motion carried.
The amendment, as described by staff, will align the state produce‑safety definition with the federal statutory definition and resolve a drafting inconsistency identified after last year’s rulemaking.
