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Colorado Statutes, Title 35

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Title 35, Agriculture

0 chapters · 1,021 sections in this title.

All chapters in Title 351,021 Ch 4342 Ch 3639 Ch 5332 Ch 7532 Ch 1431 Ch 1030 Ch 929 Ch 6529 Ch 127 Ch 424 Ch 2724 Ch 2824 Ch 523 Ch 5023

30 sections·Filtered byTitle 35✕Ch 10✕

Colo. Rev. Stat. § 35-10-101 Short title
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This article shall be known and may be cited as the "Pesticide Applicators' Act". Source: L. 90: Entire article R&RE, p. 1576, § 1, effective May 31.
Colo. Rev. Stat. § 35-10-102 Legislative declaration
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The general assembly hereby finds and declares that pesticides perform a valuable function in controlling insects, rodents, weeds, and other forms of life which may be injurious to crops, livestock, and other desirable forms of plant and animal life, to structures, and to individ…
Colo. Rev. Stat. § 35-10-103 Definitions
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As used in this article 10, unless the context otherwise requires: (1) "Certified operator" means an individual who applies any restricted-use pesticides for a commercial applicator, registered limited commercial applicator, or registered public applicator, without the on-site su…
Colo. Rev. Stat. § 35-10-104 Scope of article
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(1) Any person who uses or supervises the use of any pesticide or device in the state of Colorado shall be subject to this article and to any rules adopted pursuant thereto. (2) (Deleted by amendment, L. 2006, p. 1260, § 2, effective January 1, 2007.) Source: L. 90: Entire articl…

Colo. Rev. Stat. § 35-10-105 Commercial applicator - business license required

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Any person acting as a commercial applicator must possess a valid commercial applicator business license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. A commercial applicator business license may only be issued …

Colo. Rev. Stat. § 35-10-106 Commercial applicator - license requirements - application - fees

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(1) As requisites for licensure, the applicant for a commercial applicator business license shall: (a) Obtain liability insurance in the minimum amount of four hundred thousand dollars with the provision that such policy shall not be canceled unless written notice is provided to …

Colo. Rev. Stat. § 35-10-107 Commercial applicator business license - renewals

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(1) Each commercial applicator shall make an application to renew its business license on or before the expiration date of the license. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee. (2) If the applicat…

Colo. Rev. Stat. § 35-10-108 Commercial applicators - invoice notice

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Commercial applicators shall include a statement in conspicuous type on each customer invoice that indicates that commercial applicators are licensed by the department. Said statement shall be exactly prescribed by rule adopted by the commissioner. Source: L. 90: Entire article R…

Colo. Rev. Stat. § 35-10-109 Limited commercial and public applicators - no business license required - training - rules

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(1) A business license is not required for limited commercial or public applicators; except that the commissioner shall require such applicators that apply restricted-use pesticides to register with the department. The commissioner shall determine the form and manner of the regis…

Colo. Rev. Stat. § 35-10-110 Registered limited commercial and registered public applicators - requirements for operation

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(1) For each class or subclass of pesticide application a registered limited commercial or registered public applicator applies, the applicator shall employ at least one qualified supervisor who is licensed in that class or subclass of pesticide application or shall secure the se…

Colo. Rev. Stat. § 35-10-111 Record-keeping requirements

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(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 afte…

Colo. Rev. Stat. § 35-10-112 Notification requirements - registry of pesticide-sensitive persons - preemption - rules

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(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 ph…

Colo. Rev. Stat. § 35-10-112.5 Statewide uniformity of pesticide control and regulation - exceptions

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(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 standar…

Colo. Rev. Stat. § 35-10-113 Qualified supervisor - license required

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Any individual acting as a qualified supervisor must possess a valid qualified supervisor license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. Source: L. 90: Entire article R&RE, p. 1582, § 1, effective May 31.…

Colo. Rev. Stat. § 35-10-114 Certified operator - license required

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Any individual acting as a certified operator shall possess a valid certified operator license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. Source: L. 90: Entire article R&RE, p. 1582, § 1, effective May 31. L.…

Colo. Rev. Stat. § 35-10-114.5 Private applicator - license required

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Any private applicator who uses or supervises the use of a restricted-use pesticide shall possess a valid private applicator license issued by the commissioner in accordance with this article and any rules adopted pursuant to this article. An unlicensed private applicator may use…

Colo. Rev. Stat. § 35-10-115 Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees

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(1) Each applicant for a qualified supervisor, certified operator, or private applicator license shall: (a) Pass a written examination in each class or subclass of pesticide application, or device use, in which the applicant wishes to be licensed; (b) Possess the degree of experi…

Colo. Rev. Stat. § 35-10-116 Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement

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(1) Licenses issued pursuant to section 35-10-115 shall be valid for a period determined by the commissioner, but the duration of such license shall not exceed three years. (2) A licensee licensed pursuant to section 35-10-115 may apply to renew a license without further examinat…

Colo. Rev. Stat. § 35-10-117 Unlawful acts - deceptive trade practice

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(1) Unless otherwise authorized by law, it is unlawful and a violation of this article for any person: (a) To perform any of the acts for which licensure as a commercial applicator, qualified supervisor, certified operator, or private applicator is required without possessing a v…

Colo. Rev. Stat. § 35-10-117.5 Unlawful acts for licensed private applicators

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(1) It is unlawful and a violation of this article for a licensed private applicator: (a) To make false or misleading representations or statements of fact in any license, application, record, or report required by this article or any rules adopted pursuant thereto; (b) To fail t…

Colo. Rev. Stat. § 35-10-118 Powers and duties of the commissioner - rules

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(1) The commissioner is authorized to administer and enforce the provisions of this article and any rules and regulations adopted pursuant thereto. (2) The commissioner is authorized to adopt all reasonable rules for the administration and enforcement of this article, including, …

Colo. Rev. Stat. § 35-10-119 Inspections - investigations - access - subpoena

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(1) The commissioner shall provide for the inspection and analysis of pesticides being used and for the inspection of equipment, devices that require licensure for use, or apparatus used for the application of pesticides, and the commissioner may require proper repairs or other c…

Colo. Rev. Stat. § 35-10-120 Enforcement - cease-and-desist orders

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(1) The commissioner or the commissioner's designee shall enforce this article 10. (2) Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule made pursuant to this article has occurred and immediate enforcement is deemed…

Colo. Rev. Stat. § 35-10-121 Disciplinary actions - denial of license

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(1) The commissioner may issue letters of admonition, impose other discipline through stipulation, or restrict, impose probation on, deny, suspend, refuse to renew, or revoke any license or registration authorized under this article if the applicant, registrant, or licensee: (a) …

Colo. Rev. Stat. § 35-10-122 Civil penalties

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(1) Any person who violates this article 10 or any rule adopted pursuant to this article 10 is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty is two thousand five hundred dollars per violation; except that t…

Colo. Rev. Stat. § 35-10-123 Criminal penalties

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(1) No person may be charged under this section unless it is determined, after notice and an opportunity for hearing conducted pursuant to article 4 of title 24, C.R.S., that such person has twice committed the violation to be charged; except that this subsection (1) shall not ap…

Colo. Rev. Stat. § 35-10-124 Information - use and handling of pesticides - enforcement action - credentialing information - definition

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(1) The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to the use and handling of pesticides and conduct workshops for the purpose of informing the pesticide applicators of new developments in the field…

Colo. Rev. Stat. § 35-10-125 Advisory committee

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(1) The state agricultural commission created in section 35-1-105 shall appoint an advisory committee of fifteen members to advise the commissioner on agricultural, human health, environmental, wildlife, worker safety, and other matters regarding the use of pesticides in Colorado…

Colo. Rev. Stat. § 35-10-126 Transfer of money from fees and civil penalties

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(1) All fees collected pursuant to this article 10 shall be transmitted to the state treasurer, who shall credit the money to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. (2) All civil penalties collected pursuant to sectio…

Colo. Rev. Stat. § 35-10-128 Repeal of article - review of functions

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This article 10 is repealed, effective September 1, 2034. Before the repeal, this article 10 is scheduled for review in accordance with section 24-34-104. As part of its review, the department of regulatory agencies shall report on the extent of local regulation of pesticides pur…