2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 9 - PESTICIDE ACT (§§ 35-9-101 — 35-9-128) › Section 35-9-118 - Powers and duties of the commissioner - exemptions - rules

(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, but not limited to:
(a)
Declaring to be a pest any form of plant or animal life or virus which is injurious to plants, animals, or persons, or to land or any inanimate objects, or to the environment;
(b)
Determining that certain pesticides are highly toxic to people; except that, in making this determination, the commissioner shall be guided by the criteria set forth in
40 CFR 156.62
, as amended;
(c)
(I)
Adopting a list of restricted-use pesticides or limited-use pesticides for the state or designated areas within this state if the commissioner determines that such pesticides require rules restricting their distribution or use. The commissioner may include in the rule the time and conditions of distribution or use of such restricted-use or limited-use pesticides and may require that any such pesticide be purchased, possessed, or used only under permit of the commissioner and under his supervision. The commissioner may require all persons issued such permits to maintain records regarding the use of such pesticides.
(II)
Nothing in this paragraph (c) shall require the commissioner to adopt a list of pesticides which are registered by the EPA pursuant to section 18 or 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended, or are restricted by the EPA pursuant to section 3 of said act.
(d)
Determining standards for denaturing any pesticides, including, but not limited to, any arsenicals, fluorides, or fluosilicates by color, taste, odor, or form;
(e)
The collection and examination of samples of pesticides or devices;
(f)
The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; except that, with respect to the adoption of rules or regulations concerning the transportation of pesticides or the disposal of pesticides and their containers, such rules shall be promulgated in concert with, and shall not be duplicative of, rules adopted by the department of transportation and the department of public health and environment, respectively;
(g)
Restricting or prohibiting the use of certain types or sizes of containers or packages for specific pesticides; except that the commissioner shall be guided by federal regulations concerning pesticide containers;
(h)
Determining labeling requirements for all pesticides required to be registered under the provisions of this article and any rules or regulations adopted pursuant thereto;
(i)
Classifying or subclassifying any pesticide registration, device registration, or pesticide dealer license.
(2.5)
(a)
The commissioner shall expedite, to the extent practicable and efficient, the processing of applications for the issuance of a special local needs registration made pursuant to section 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended.
(b)
Notwithstanding section
35-9-113 (1)(b)(IV)(D)
, the commissioner shall not deny registration of a pesticide product pursuant to this article for which a special local needs registration has been issued pursuant to section 24 (c) of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended, for the reason that a contract between a grower or grower's group and a manufacturer or seller includes contractual provisions limiting liability of the manufacturer or seller.
(3)
(a)
The commissioner shall promulgate rules, pursuant to article
4
of title
24
, to determine the annual registration fee for each pesticide registered. For the purpose of funding the department of agriculture's state waters protection efforts, the fee must include an increment as approved by the agricultural commission in consultation with the advisory committee created in section
35-10-125
, which increment, along with the remainder of the fee, shall be collected by the commissioner and 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
.
(b)
The commissioner shall promulgate rules and regulations, pursuant to article
4
of title
24
, C.R.S., to determine the amount of any licensing, renewal, or penalty fee authorized under this article.
(4)
The commissioner is authorized to enter into cooperative agreements with any agency or political subdivisions of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving grants-in-aid, securing uniformity of rules, and entering into reciprocal registration and licensing agreements.
(4.5)
Repealed.
(5)
The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
(6)
The commissioner is authorized to conduct hearings required under sections
35-9-121
and
35-9-122
pursuant to article
4
of title
24
, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the department.
(7)
(a)
On or before January 1, 2024, the commissioner shall adopt rules requiring neonicotinoid pesticides to be designated as limited-use pesticides.
(b)
On or before July 1, 2024, the commissioner shall adopt rules requiring neonicotinoid pesticides to be sold only by dealers licensed pursuant to section
35-9-114
.
(c)
Subsections (7)(a) and (7)(b) of this section, and rules that the commissioner adopts pursuant to those subsections, do not apply to pesticide products containing neonicotinoid active ingredients:
(I)
That are used in academic research; or
(II)
For which the product label includes one or more of the following intended uses:
(A)
As a pet care product;
(B)
As a veterinary product used by a veterinarian licensed pursuant to article
315
of title
12
as part of the veterinarian's licensed practice;
(C)
As an indoor pest control product;
(D)
As a personal care product used for preventing, destroying, repelling, or mitigating lice;
(E)
As a product used in structural insulation;
(F)
As a preserved wood product or product used in the manufacturing of wood preservatives;
(G)
As a bait product, including, but not limited to, bait station traps and scatter bait; or
(H)
As an insect strip.
Amended by 2023 Ch. 210,§ 2, eff. 8/7/2023.
Amended by 2019 Ch. 422, § 4, eff. 8/2/2019.
L. 90: Entire article R&RE, p. 1567, § 1, effective June 7. L. 91: (2)(f) amended, p. 1074, § 57, effective July 1. L. 94: (3)(a) amended, p. 1644, § 75, effective May 31; (2)(f) amended, p. 2804, § 572, effective July 1. L. 98: (2.5) added, p. 721, § 2, effective May 18; (3)(a) amended, p. 1341, § 63, effective June 1. L. 99: (4.5) added, p. 1324, § 4, effective July 1. L. 2004: (4.5) amended, p. 1044, § 13, effective July 1. L. 2005: (3)(a) amended, p. 1268, § 4, effective July 1. L. 2008: (4.5) repealed, p. 1625, § 3, effective August 5. L. 2009: (3)(a) amended, (HB 09-1249), ch. 87, p. 316, § 4, effective July 1. L. 2010: IP(2) and (2)(b) amended, (SB 10-034), ch. 1769, p. 1769, § 14, effective July 1. L. 2019: (3)(a) amended, (SB 19-186), ch. 3690, p. 3690, § 4, effective August 2.
This section is similar to former §§ 35-9-104, 35-9-105 , and 35-9-106 as they existed prior to 1990.
2023 Ch. 210, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. §136 et seq.; for provisions concerning administrative law judges, see part 10 of article 30 of title 24 . (2) For the legislative declaration contained in the 1999 act enacting subsection (4.5), see section 1 of chapter 318, Session Laws of Colorado 1999.