(1) Each commercial, registered limited commercial, licensed private, and registered public applicator shall keep and maintain records of each pesticide application in the form and manner designated by the commissioner. The applicator shall retain the records for three years after the date of the pesticide application; except that the record retention period for private applicators is two years.
(2) The records shall be kept as follows:
(a) For a commercial applicator, at the address specified in the application for the commercial applicator's business license;
(b) For a registered limited commercial or registered public applicator, at the address specified in the registry authorized in section 35-10-109; or
(c) For a licensed private applicator, at the address of record on file with the commissioner.
Source: L. 90: Entire article R&RE, p. 1581, � 1, effective May 31. L. 2006: Entire section amended, p. 1261, � 5, effective January 1, 2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 694, � 3, effective May 19.
Editor's note: This section is similar to former � 35-10-111 as it existed prior to 1990.
35-10-112. Notification requirements - registry of pesticide-sensitive persons - preemption - rules. (1) (a) (I) The commissioner shall promulgate rules for the establishment of a registry of pesticide-sensitive persons to be maintained by the department. Pesticide-sensitive persons may apply to be placed on the registry if they can provide proof of medical justification by a physician licensed in Colorado in the form and manner prescribed by the commissioner. To remain on the registry, a pesticide-sensitive person must update the person's proof of medical justification every two years. The department shall update the registry at least annually, and make the published registry readily accessible, in a form and manner prescribed by the commissioner, to all commercial, registered limited commercial, and registered public applicators on record with the commissioner.
(II) In applying to be placed on the registry, a pesticide-sensitive person may list a principal:
(A) Residential address;
(B) Employment address; and
(C) School address.
(b) The commissioner shall provide standardized notification signs to any person accepted for the registry for the person to post on the person's property. These signs shall be designed, manufactured, and distributed solely by the department.
(c) (I) A commercial, registered limited commercial, or registered public applicator, prior to applying a pesticide in any turf or ornamental category, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and:
(A) Who has listed the property to be treated as the person's principal residential, employment, or school address pursuant to subsection (1)(a)(II) of this section;
(B) Who resides on property that abuts the property to be treated; or
(C) Who resides in a multiunit dwelling that abuts a common area to be treated.
(II) If two property sites would be considered to be abutting but for the fact that such sites are separated by an alley, for the purposes of this section such sites are deemed to be abutting.
(III) In notifying a pesticide-sensitive person pursuant to this section, a commercial, registered limited commercial, or registered public applicator may provide the notice electronically.
(d) A commercial, registered limited commercial, or registered public applicator in the wood-destroying organism pest control, residential or commercial pest control, or interior plant pest control categories, prior to making a structural pesticide application to a multiunit dwelling, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and who resides at that multiunit dwelling.
(e) The commissioner may establish rules to further clarify the circumstances and manner in which notice shall be given to pesticide-sensitive persons.
(f) (I) On or before July 1, 2024, the department shall develop a searchable database of all properties that abut, or are entirely located within two hundred fifty feet of, any residential property listed in the registry of pesticide-sensitive persons. If a property is only partially located within two hundred fifty feet of a residential property listed in the registry, and does not abut the residential property, the department shall not include the property in the searchable database.
(II) When developing the searchable database pursuant to this subsection (1)(f), the department must:
(A) Through the commissioner, adopt rules requiring a commercial, registered limited commercial, or registered public applicator to provide notice to a pesticide-sensitive person if the commercial, registered limited commercial, or registered public applicator treats a property that is listed in the searchable database as abutting, or being entirely located within two hundred fifty feet of, the pesticide-sensitive person's listed residential property. A commercial, registered limited commercial, or registered public applicator is not required to provide notice pursuant to this subsection (1)(f)(II)(A) unless and until the commissioner adopts rules pursuant to this subsection (1)(f)(II)(A).
(B) Periodically update the searchable database as needed; and
(C) Provide access to the searchable database to all commercial, registered limited commercial, and registered public applicators.
(III) It is an affirmative defense to an allegation that a commercial, registered limited commercial, or registered public applicator violated rules adopted pursuant to subsection (1)(f)(II)(A) of this section if a failure to notify a pesticide-sensitive person of the treatment of a property that abuts, or is located entirely within two hundred fifty feet of, the pesticide-sensitive person's listed residential property resulted from the fact that the treated property was not listed in the searchable database at the time of the treatment.
(2) (a) Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any turf or ornamental category shall, at the time of application, post a sign or signs notifying the public of the application. Such signs shall be posted at any conspicuous point or points of entry to the property receiving the application.
(b) Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any aquatic category shall post, at the time of application, a sign or signs notifying the public of the application. Such signs shall be posted in the manner designated by the commissioner through the adoption of rules pursuant to article 4 of title 24, C.R.S.
(c) The notice-of-application signs specified in paragraphs (a) and (b) of this subsection (2) shall be water resistant and shall measure at least four inches in height and five inches in width. Each sign shall contain the following information in black lettering and symbols on a bright yellow background:
(I) The word WARNING, in at least sixty-point bold-faced type;
(II) The words PESTICIDES APPLIED, in at least twenty-four-point bold-faced type;
(III) The symbol of a circle at least two inches in diameter with a diagonal slash over an adult, child, and dog; and
(IV) The name of the commercial, registered limited commercial, or registered public applicator that made the application, in at least eighteen-point bold-faced type.
(d) If a commercial or registered limited commercial applicator makes a pesticide application on a commercial property site pursuant to paragraph (a) or (b) of this subsection (2) and an owner of the site or an agent of an owner of the site is not present at the site, then, in addition to the information required by paragraph (c) of this subsection (2), the notice-of-application signs posted by the applicator at the site shall also contain the following information in black lettering and symbols on a bright yellow background in at least eighteen-point bold-faced type:
(I) The telephone number of the applicator;
(II) The name of the pesticide applied; and
(III) The date the pesticide was applied.
(3) No county, city and county, municipality, home rule county, home rule city and county, or home rule municipality shall enact or impose any notification requirements upon commercial applicators which are more stringent than those imposed by this article; except that each county, city and county, municipality, home rule county, home rule city and county, and home rule municipality shall retain the authority to impose any notification requirements upon private individuals, property owners, and the general public. Any such notification requirement imposed by any county, city and county, municipality, home rule county, home rule city and county, or home rule municipality on private individuals, property owners, or the general public shall not be held to be applicable to any commercial applicator, nor shall any commercial applicator be exposed to any liability for a failure to comply with any such notification requirement.
Source: L. 90: Entire article R&RE, p. 1581, � 1, effective May 31. L. 96: (1)(a), (1)(c), and (3) amended and (2)(d) added, p. 1374, �� 2, 3, effective July 1. L. 2006: (1)(a) and (1)(c) amended and (1)(d) and (1)(e) added, p. 292, � 4, effective July 1; (1)(a), (1)(c), (2)(a), (2)(b), IP(2)(c), (2)(c)(IV), and IP (2)(d) amended and (1)(d) added, p. 1262, � 6, effective January 1, 2007. L. 2023: (1)(a) and (1)(c)(I)(A) amended and (1)(c)(III) and (1)(f) added, (SB 23-192), ch. 350, p. 2098, � 4, effective August 7. L. 2025: (1)(b) amended, (HB 25-1084), ch. 24, p. 104, � 44, effective August 6.
Editor's note: Amendments to subsections (1)(a), (1)(c), and (1)(d) by House Bill 06-1239 and House Bill 06-1274 were harmonized.
35-10-112.5. Statewide uniformity of pesticide control and regulation - exceptions. (1) The general assembly hereby determines that:
(a) The citizens of this state benefit from a system of safe, effective, and scientifically sound pesticide regulation;
(b) A system of pesticide regulation that is consistent and coordinated, that creates statewide uniform standards, and that conforms with both state and federal technical standards and requirements is essential to the public health, safety, and welfare, and finds that local regulation of pesticides that is inconsistent with and adopts different standards from federal and state requirements does not assist in achieving these benefits;
(c) Through statute and regulation, the state has created a system of pesticide regulation based upon scientific standards that protects the citizens of this state;
(d) Although the cultivation of marijuana is illegal under federal law and so the use of pesticides in cultivating marijuana is not specifically allowed by any pesticide's label, the cultivation of marijuana is specifically allowed and regulated by Colorado law, and the use of pesticides should be regulated pursuant to this article and rules promulgated pursuant to this article rather than pursuant to local laws; and
(e) Pesticide regulation is a matter of statewide concern.
(2) A local government shall not adopt or continue in effect any ordinance, rule, resolution, charter provision, or statute regarding the use of any pesticide by persons regulated by this article or federal law and pertaining to:
(a) Any labeling or registration requirements for pesticides, including requirements regarding the name of the product, the name and address of the manufacturer, and any applicable registration numbers;
(b) (I) The use and application of pesticides by persons regulated by this article or federal law, including but not limited to, directions for use, classification of pesticides as general or restricted use, mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker specifications, container storage and disposal, required intervals between application and harvest of food or feed crops, rotational crop restrictions, and warnings against use on certain crops, animals, or objects or against use in or adjacent to certain areas.
(II) Subparagraph (I) of this paragraph (b) applies to the use and application of pesticides by persons regulated by this article or federal law in connection with the cultivation of marijuana.
(c) Except as specifically provided in this article, any warnings and precautionary statements, notifications, or statements of practical treatment; or
(d) Licensure, training, or certification requirements for persons regulated under this article, including any insurance and record-keeping requirements.
(3) (a) Nothing in this article may be construed to limit the authority of a local government as defined by state law to:
(I) Zone for the sale or storage of any pesticide, provide or designate sites for disposal of any pesticide or pesticide container, adopt or enforce building and fire code requirements, regulate the transportation of pesticides consistently with and in no more strict of a manner than state and federal law, adopt regulations pursuant to a storm water management program that is consistent with federal or state law, or adopt regulations to protect surface or groundwater drinking water supplies consistent with state or federal law concerning the protection of drinking water supplies;
(II) Take any action specifically authorized or required by any federal or state law or regulation with respect to pesticides, or to take any action otherwise prohibited by this article in order to comply with any specific federal or state requirement or in order to avoid a fine or other penalty under federal or state law;
(III) Regulate the use of pesticides on property owned or leased by the local government;
(IV) Issue local general occupational licenses to persons regulated by this article.
(b) This subsection (3) does not authorize a local government to utilize the police power or the authority to zone, to provide or designate disposal sites, to adopt and enforce building and fire codes, or to regulate the transportation of pesticides as described in paragraph (a) of this subsection (3) to directly or indirectly regulate or prohibit the application of pesticides by persons regulated by this article or by federal law, including in connection with the cultivation of marijuana.
(c) Nothing in this article shall be construed to be an implicit grant of authority to a local government that is not otherwise granted by state law.
(4) Any local government that promulgates an ordinance that concerns pesticides, that is promulgated pursuant to section 31-15-707 (1)(b), C.R.S., or that is promulgated pursuant to any authority described in paragraph (a) of subsection (3) of this section concerning pesticides shall file the following with the department of agriculture:
(a) A certified copy of the ordinance; and
(b) A map or legal description of the geographic area that the local government intends to regulate under the ordinance.
Source: L. 96: Entire section added, p. 1375, � 4, effective July 1. L. 2015: (1), IP(2), (2)(b), and (3)(b) amended, (HB 15-1367), ch. 271, p. 1081, � 20, effective June 4, 2016.
Cross references: For the legislative declaration in HB 15-1367, see section 1 of chapter 271, Session Laws of Colorado 2015.