Title 35, Agriculture

(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…

(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…

(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 o…

(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…

(1) Each applicant for a pesticide dealer license shall make application to the commissioner providing all information in the form and manner the commissioner shall designate. (2) Each applicant for a pesticide dealer license shall pay a fee in an amount determined by the commiss…

(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 …

(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 …

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.

(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…

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

(1) All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, th…

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.

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…

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.

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…

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…

(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…

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 …

(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 …

(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…

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…

(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…

(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…

(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…

(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…

(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…

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.…

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.…

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…

(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…

(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…

(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…

(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…

(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, …

(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…

(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…

(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) …

(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…

(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…

(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…