Title 35, Agriculture
0 chapters · 839 sections in this title.
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. Editor's note: This section is similar to former � 35-10-101 as it existed prior to 1990.
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 supe…
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. § 35-10-107 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. § 35-10-111 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. § 35-10-113 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. § 35-10-114.7 Licensed private applicators - rules - repeal. (Repealed)
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Source: L. 2006: Entire section added, p. 1263, � 8, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective January 1, 2007. (See L. 2006, p. 1263.) 35-10-115. Qualified supervisor, certified operator, and private applicator licenses - …
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. § 35-10-125 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…