Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-9-101 Short title
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This article shall be known and may be cited as the Pesticide Act. Source: L. 90: Entire article R&RE, p. 1559, � 1, effective June 7. Editor's note: This section is similar to former � 35-9-101 as it existed prior to 1990.
Colo. Rev. Stat. § 35-9-102 Legislative declaration
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The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly fur…
Colo. Rev. Stat. § 35-9-103 Definitions
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As used in this article 9, unless the context otherwise requires: (1) Active ingredient means: (a) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; (b) In the case of a plant …
Colo. Rev. Stat. § 35-9-104 Exemptions
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(1) The provisions of this article shall not apply to: (a) Any carrier while lawfully engaged in transporting a pesticide or device within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the tran…
Colo. Rev. Stat. § 35-9-105 Exclusive jurisdiction
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Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture. Source: L. 90: Entire article R&RE, p. 156…
Colo. Rev. Stat. § 35-9-106 Pesticide registration required - exemptions
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(1) Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article. (2) The commissioner may exempt certain pesticides from the …
Colo. Rev. Stat. § 35-9-107 Pesticide registration - application - fees - expiration - rules
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(1) Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate: (a) The name and address of the applicant and, if it is different, the name and address of the person whose name will appear on the pestic…
Colo. Rev. Stat. § 35-9-109 Confidentiality of inert ingredients
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(1) Except as provided by this section, no inert ingredient information required by section 35-9-107 (1)(d) shall be released to any person by the commissioner. (2) A registrant may authorize the commissioner to disclose any inert ingredient information required by section 35-9-1…
Colo. Rev. Stat. § 35-9-110 Device registration - required
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(1) Every device which is sold in this state and which is subject to the provisions of this article shall be registered with the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. (2) The commissioner shall designate the classes o…
Colo. Rev. Stat. § 35-9-111 Device registration - application - fees - expiration - rules
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(1) Each applicant for registration of a device shall file with the commissioner, in the form and manner the commissioner shall designate: (a) The name and address of the applicant and, if different, the name and address of the person whose name will appear on the device; (b) The…
Colo. Rev. Stat. § 35-9-112 Renewal of pesticide and device registration - fees
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(1) A registrant of either a pesticide or a device shall submit a renewal application in the form and manner designated by the commissioner on or before the expiration date of the registration and shall pay a renewal fee in an amount determined by the commissioner. (2) If an appl…
Colo. Rev. Stat. § 35-9-113 Misbranded
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(1) The term misbranded shall apply: (a) To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (b) To any pesticide: (I) If it is an imitation of or …
Colo. Rev. Stat. § 35-9-114 Pesticide dealer license - required
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(1) Effective January 1, 1992, any person who acts as a pesticide dealer must possess a valid pesticide dealer license issued by the commissioner in accordance with this article and any rules or regulations adopted pursuant thereto. (2) Each business location, including branch of…
Colo. Rev. Stat. § 35-9-116 Renewal of pesticide dealer license
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(1) Each pesticide dealer shall make an application to renew its license on or before the first working day of January for the year of renewal. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee. (2) If the …
Colo. Rev. Stat. § 35-9-117 Dealer and refiller records and reports - rules
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(1) Licensed pesticide dealers shall keep records of designated sales in the form and manner designated by the commissioner. (2) Such records shall be kept at the address designated on the license application or on a change report as required by section 35-9-115 (4) for a period …
Colo. Rev. Stat. § 35-9-117.5 Refillable container residue removal requirements - rules
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A refiller shall comply with refillable container residue removal requirements established by the commissioner by rule. Source: L. 2010: Entire section added, (SB 10-034), ch. 376, p. 1769, � 13, effective July 1.
Colo. Rev. Stat. § 35-9-118 Powers and duties of the commissioner - exemptions - 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 may adopt all reasonable rules for the administration and enforcement of this article 9, including: (a) Declari…
Colo. Rev. Stat. § 35-9-119 Investigations - access - subpoena
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(1) The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article 9. (2) (a) At any reasonable time during regular business hours, the commissioner shall have free and…
Colo. Rev. Stat. § 35-9-120 Prohibited acts - deceptive trade practice
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(1) It is unlawful and a violation of this article for any person: (a) To distribute within the state or deliver for transportation in intrastate commerce or transport between points within this state through any point outside this state any of the following: (I) Any pesticide or…
Colo. Rev. Stat. § 35-9-121 Enforcement - cease-and-desist orders - hearings - penalty
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(1) The commissioner or the commissioner's designee shall enforce this article 9. (2) (a) Whenever the commissioner has reasonable cause to believe a violation of a provision of this article 9 or a rule adopted pursuant to this article 9 has occurred and immediate enforcement is …
Colo. Rev. Stat. § 35-9-122 Denial - suspension - revocation
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(1) The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition, or deny, refuse to renew, suspend, or revoke any pesticide or device registration or any pesticide dealer license if the applicant, holder of the registration, or l…
Colo. Rev. Stat. § 35-9-123 Embargo - penalty
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(1) This section shall apply whenever the commissioner finds or has reasonable cause to believe that any pesticide or device: (a) Is adulterated or misbranded; (b) Has not been registered under the provisions of this article; (c) Fails to bear on its label the information require…
Colo. Rev. Stat. § 35-9-124 Civil penalties
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(1) Any person who violates any provision of this article or any regulation made pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed five thousand dollars per violation. Each day the violation occurs shal…
Colo. Rev. Stat. § 35-9-125 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. § 35-9-127 Advisory committee
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An advisory committee, as established pursuant to article 10 of this title, shall assist the commissioner as set forth therein and in developing rules and regulations to carry out the provision of this article. Source: L. 90: Entire article R&RE, p. 1574, � 1, effective June 7. E…
Colo. Rev. Stat. § 35-9-128 Information
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The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to pesticides and conduct workshops for the purpose of informing pesticide dealers of new developments in the field of pesticides. Source: L. 90: Entir…