Title 35, Agriculture
0 chapters · 839 sections in this title.
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…
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…
Colo. Rev. Stat. § 35-11-101 Short title
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This article shall be known and may be cited as the Colorado Chemigation Act. Source: L. 87: Entire article RC&RE, p. 1278, � 1, effective July 1.
Colo. Rev. Stat. § 35-11-102 Definitions
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As used in this article 11, unless the context otherwise requires: (1) Chemical means any fertilizer or pesticide. (2) Chemigation means any process whereby chemicals are applied to land or crops in or with water through a closed irrigation system. Chemigation does not mean any p…
Colo. Rev. Stat. § 35-11-103 Chemigation permit
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(1) On and after January 1, 1990, no person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a chemigation permit from the department. (2) On and after July 1, 1987, a person may obtain, pursuant to s…
Colo. Rev. Stat. § 35-11-104 Rules and regulations
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(1) The commissioner shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S., to: (a) Administer the chemigation permit program; (b) Establish equipment or performance standards and installation requirements; (c) Establish fees for the direct and indirect cost…
Colo. Rev. Stat. § 35-11-105 Issuance of provisional chemigation permit - fees
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(1) On and after July 1, 1987, and before January 1, 1990, any person who intends to utilize chemigation may, before commencing, file with the department an application for a provisional chemigation permit for each irrigation system utilizing chemigation. Such application shall b…
Colo. Rev. Stat. § 35-11-106 Issuance of chemigation permit - fees
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(1) On and after January 1, 1990, any person who intends to utilize chemigation shall, before commencing, file with the department an application for a chemigation permit for each irrigation system utilizing chemigation. Such application shall be on forms provided by the departme…
Colo. Rev. Stat. § 35-11-107 Equipment and installation requirements
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(1) An irrigation system utilizing chemigation on and after January 1, 1990, or an irrigation system which has been issued a provisional chemigation permit shall have, as component parts thereof, a properly installed and functioning: (a) Backflow prevention check valve and vacuum…
Colo. Rev. Stat. § 35-11-108 Affidavit in lieu of permit
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For the calendar year beginning January 1, 1990, and for each calendar year thereafter, the owner of an irrigation system who does not intend to utilize chemigation during the calendar year shall notify the department of such intent. Notification shall be by an affidavit provided…
Colo. Rev. Stat. § 35-11-109 Replacement or modification of equipment
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Any permit holder who replaces, alters, or modifies or who authorizes the replacement, alteration, or modification of chemigation equipment for an irrigation system which has been issued a chemigation permit shall notify the department within seven days of such replacement, alter…
Colo. Rev. Stat. § 35-11-110 Failure to pass inspection - summary suspension - repair orders
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(1) A permit holder operating any irrigation system which does not pass an inspection due to the failure to have installed and operating any device required by section 35-11-107 or the failure to properly install such a device shall have such permit summarily suspended by the ins…
Colo. Rev. Stat. § 35-11-111 Inspections - entry upon land
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(1) Each irrigation system for which a permit has been issued may be inspected once every two years. (2) Prior to an inspection, the inspector shall notify a permit holder of the time and date of the inspection. The inspector shall inform the permit holder that the permit holder …
Colo. Rev. Stat. § 35-11-112 Denial, suspension, or revocation of permit
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(1) Pursuant to the applicable provisions of article 4 of title 24, C.R.S., the commissioner may deny, suspend, revoke, restrict, or refuse to renew the permit of an applicant or permit holder, as the case may be, who: (a) Fails to have installed and operating, or to have properl…
Colo. Rev. Stat. § 35-11-113 Enforcement by ground water management districts
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Any ground water management district may contract with the department to enforce the provisions of this article and the rules and regulations promulgated pursuant to this article within the boundaries of the district. Inspectors in ground water management districts which contract…
Colo. Rev. Stat. § 35-11-115 Penalties
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(1) On and after January 1, 1990, any person utilizing chemigation without a permit commits a class 6 felony and shall be punished as provided in section 18-1.3-401 (1)(a)(IV), C.R.S., and by a fine not to exceed one thousand dollars. (2) Any person who violates any provision of …
Colo. Rev. Stat. § 35-11-116 Injunctive proceedings
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(1) The department may, through the attorney general of the state of Colorado, apply for civil penalties and for an injunction to enjoin any person from committing any act declared to be unlawful by this article. Such application shall be heard in the district court of the county…