reglab/statecodes huggingface dataset:
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 35-9-111 - Device registration - application - fees - expiration - rules

(1)
Each applicant for registration of a device shall file with the commissioner, in the form and manner he 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 name of the device;
(c)
A complete copy of the labeling accompanying the device, including its packaging, directions, and precautions for use, and a statement of all claims being made for the device;
(d)
If requested by the commissioner, a complete description of all tests made and the results thereof, including, but not limited to, efficiency and hazard data upon which the claims are based; and
(e)
Any other information required by the commissioner.
(2)
Each applicant shall pay, at the time the application is submitted, an annual application fee in an amount to be determined by the commissioner.
(3)
Repealed.
(4)
(a)
Repealed.
(b)
On and after January 1, 2011, registration of a device shall expire each year on a date specified by the commissioner by rule.
L. 90: Entire article R&RE, p. 1564, § 1, effective June 7. L. 2010: (3) repealed and (4) amended, (SB 10-034), ch. 376, p. 1768, §§ 8, 9, effective July 1.
(1) This section is similar to former § 35-9-104 as it existed prior to 1990.
(2) Subsection (4)(a)(II) provided for the repeal of subsection (4)(a), effective January 1, 2011. (See L. 2010, p. 1768.)
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 35-9-112 - Renewal of pesticide and device registration

(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 application for renewal of a pesticide or device registration is not received on or before the expiration date of the registration, the registration shall expire. An expired registration may be renewed within two years after the expiration date of the registration upon payment of all late fees and any other penalties or sums assessed pursuant to this article, if the applicant satisfies the commissioner that the requirements of section
35-9-107
have been met.
(3)
The commissioner may require the applicant to submit any additional information he deems necessary, including, but not limited to:
(a)
A full description of all tests made of the pesticide or device, and the results thereof, including, but not limited to, efficacy and hazard data upon which any claims for the pesticide or device are based; and
(b)
With respect to any pesticide, the analytic standards and methods of analysis for each formulation of said pesticide and the analytic methods used to determine any residues of the said pesticide at levels suspected harmful to plants, animals, or the environment.
(4)
The commissioner, at the time of such renewal, may, in his discretion, designate any such pesticide as a state restricted-use or limited-use pesticide in the same manner as set forth in section
35-9-108(5)
.
L. 90: Entire article R&RE, p. 1564, § 1, effective June 7. L. 2010: (1) and (2) amended, (SB 10-034), ch. 376, p. 1768, §10, effective July 1.
This section is similar to former § 35-9-104 as it existed prior to 1990.
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 35-9-113 - Misbranded

(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 is offered for sale under the name of another pesticide;
(II)
If its labeling bears any reference to registration under the provisions of this article unless such reference is required by this article or rules or regulations adopted pursuant thereto;
(III)
If any word, statement, or other information required by this article or rules adopted under this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(IV)
If the label does not bear:
(A)
The name and address of the manufacturer, registrant, or person for whom manufactured;
(B)
The name, brand, or trademark under which the pesticide is sold;
(C)
An ingredient statement on that part of the immediate container of the retail package which is presented or displayed under customary conditions of purchase and on the outside container or wrapper thereof, if there is one and if the ingredient statement on the immediate container cannot be clearly read through such outside container or wrapper; except that the commissioner may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
(D)
Directions for use and a warning or caution statement which are necessary and, if complied with, adequate to protect the public and to prevent injury to the public, including living people, useful vertebrate animals, useful vegetation, useful invertebrate animals, wildlife, and land;
(E)
The weight or measure of the content, subject to the provisions of article
14
of this title; and
(F)
Any registration number or establishment number issued by the EPA;
(V)
If the pesticide contains any substance or substances in quantities highly toxic to people, unless the label bears, in addition to any other matter required by this article:
(A)
The skull and crossbones;
(B)
The word "poison" prominently in red on a background of distinctly contrasting color; and
(C)
A statement of a practical treatment in case of poisoning by the pesticide;
(VI)
If the pesticide container does not bear a label or if the label does not contain all the information required by this article or rules adopted pursuant thereto.
L. 90: Entire article R&RE, p. 1565, § 1, effective June 7.
This section is similar to former § 35-9-104 as it existed prior to 1990.
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 35-9-114 - Pesticide dealer license - required

(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 offices, and each business name must be licensed.
L. 90: Entire article R&RE, p. 1566, § 1, effective June 7.
This section is similar to former § 35-9-105 as it existed prior to 1990.
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 35-9-115 - Pesticide dealer license - requirements - application - fees - expiration

(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 commissioner.
(3)
Each pesticide dealer license shall expire on January 1 of each year.
(4)
Each licensee shall report to the commissioner, in the form and manner he shall designate, any change to the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.
L. 90: Entire article R&RE, p. 1566, § 1, effective June 7.
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 35-9-116 - Renewal of pesticide dealer license

(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 application for renewal of any pesticide dealer license is not received on or before the first working day of January for the year of renewal, a penalty fee of ten percent of the license fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.
(3)
If a pesticide dealer license renewal application is not received by February 1 of the renewal year, the license shall not be renewed and the dealer must apply for a new license.
L. 90: Entire article R&RE, p. 1566, § 1, effective June 7. L. 2010: (2) and (3) amended, (SB 10-034), ch. 376, p. 1769, §11, effective July 1.
This section is similar to former § 35-9-105 as it existed prior to 1990.
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 35-9-117 - Dealer and refiller records and reports - rules

(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 of two years from the date of the sale of such pesticide.
(3)
Licensees shall submit such additional reports as may be required by the commissioner.
(4)
Refillers shall keep and maintain records in the form and manner specified by the commissioner by rule.
L. 90: Entire article R&RE, p. 1566, § 1, effective June 7. L. 2010: (4) added, (SB 10-034), ch. 376, p. 1769, §12, effective July 1.
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 35-9-117.5 - Refillable container residue removal requirements - rules

A refiller shall comply with refillable container residue removal requirements established by the commissioner by rule.
L. 2010: Entire section added, (SB 10-034), ch. 376, p. 1769, §13, effective July 1.
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 35-9-119 - Investigations - access - subpoena

(1)
The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article.
(2)
(a)
At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:
(I)
To all buildings, yards, warehouses, and storage facilities in which any pesticides are kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;
(II)
To all records required to be kept at any reasonable time and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
(b)
The commissioner shall have full authority to administer oaths and take statements, to issue administrative subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
(3)
Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee or registrant.
L. 90: Entire article R&RE, p. 1568, § 1, effective June 7.
This section is similar to former § 35-9-107 as it existed prior to 1990.
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 35-9-121 - Enforcement

(1)
The commissioner or his designee shall enforce the provisions of this article.
(2)
(a)
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 necessary, he may issue a cease-and-desist order, which may require any person to cease violating any provision of this article or any rule made pursuant to this article. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
(b)
(I)
At any time after service of the order to cease and desist, the person may request, at his discretion, an immediate hearing or a hearing not more than ten days, excluding Saturdays, Sundays, and legal holidays, after such request to determine whether a violation has occurred. Such hearing shall be conducted pursuant to the provisions of article
4
of title
24
, C.R.S.
(II)
The registrant shall pay a penalty fee of one hundred dollars, in addition to any other assessed penalty, if the commissioner determines that the registrant has violated this article or any rule promulgated under this article after a hearing is held pursuant to subparagraph (I) of this paragraph (b).
(c)
In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.
(d)
No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.
(e)
Matters brought before a court pursuant to this section shall have preference over other matters on the court's calendar.
(3)
Whenever the commissioner possesses evidence satisfactory to him that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule adopted under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
L. 90: Entire article R&RE, p. 1571, § 1, effective June 7. L. 2005: (2)(b) amended, p. 1268, § 5, effective July 1.
This section is similar to former § 35-9-107 as it existed prior to 1990.
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 35-9-122 - Denial - suspension - revocation

(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 licensee:
(a)
Has refused or failed to comply with any provision of this article, any rule adopted under this article, or any lawful order of the commissioner;
(b)
Has been convicted of a felony for an offense related to conduct regulated by this article;
(c)
Has used fraud or deception in the procurement or attempted procurement of any registration or license authorized under this article, or the renewal thereof;
(d)
Has failed to comply with a lawful order of the commissioner;
(e)
Has had an equivalent registration or license canceled, denied, revoked, or suspended by any authority;
(f)
Has been adjudicated a violator or has committed a violation of the "Federal Insecticide, Fungicide, and Rodenticide Act", as amended; except that a consent decree entered into with the environmental protection agency shall not be considered a violation of such act unless an order from the regional administrator of the environmental protection agency or the consent decree shall specifically state that a violation has occurred;
(g)
Has refused to provide the commissioner with reasonable, complete, and accurate information regarding methods or materials used or work performed when requested by the commissioner; or
(h)
Has falsified any information requested by the commissioner.
(2)
In any proceeding held under this section, the commissioner may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee or holder of a registration from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
(3)
No licensee whose license has been revoked may apply or reapply for a license under this article until two years from the date of such revocation.
L. 90: Entire article R&RE, p. 1571, § 1, effective June 7.
This section is similar to former § 35-9-109 as it existed prior to 1990.
For the "Federal Insecticide, Fungicide, and Rodenticide Act", see Pub.L. 92-516, codified at 7 U.S.C. § 136 et seq.
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 35-9-124 - Civil penalties

(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 shall constitute a separate violation.
(2)
No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(3)
If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(4)
Before imposing any civil penalty, the commissioner may consider the effect of such penalty on the ability of the person charged to stay in business.
L. 90: Entire article R&RE, p. 1573, § 1, effective June 7.
This section is similar to former § 35-9-109 as it existed prior to 1990.
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 35-9-125 - Criminal penalties

(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 apply to any person who violates any of the provisions of section
35-9-120 (1)(a), (1)(b), (1)(e), (1)(f), (1)(j), (1)(k), or (2)(c)
.
(2)
Any person who violates any of the provisions of section
35-9-120 (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(h), (1)(j), (1)(k), (2)(a), (2)(b), (2)(c), or (2)(g)
or
35-9-123 (3)
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(3)
Any person who violates section
35-9-120 (1)(g), (2)(d), (2)(e), or (2)(f)
commits a petty offense and shall be punished as provided in section
18-1.3-503
.
(4)
Repealed.
Amended by 2021 Ch. 462, § 618, eff. 3/1/2022.
L. 90: Entire article R&RE, p. 1573, § 1, effective June 7. L. 2002: (2), (3), and (4) amended, p. 1547, § 305, effective October 1. L. 2021: (2) and (3) amended, (SB 21-271), ch. 3277, p. 3277, § 618, effective 3/1/2022; (4)(b) added by revision, (SB 21-271), ch. 462, pp. 3277, 3331, §§ 618, 803.
(1) This section is similar to former § 35-9-109 as it existed prior to 1990.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsections (2), (3), and (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
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 35-9-126 - Pesticide fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees

(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, the unexpended and unencumbered balance of the pesticide fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
(2)
(Deleted by amendment, L. 2009, (HB 09-1249), ch. 316, p. 316, § 5, effective July 1, 2009.)
L. 90: Entire article R&RE, p. 1574, § 1, effective June 7. L. 2006: (1) amended, p. 1267, § 20, effective 1/1/2007. L. 2009: Entire section amended, (HB 09 -1249), ch. 87, p. 316, § 5, effective July 1.
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 35-9-127 - Advisory committee

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.
L. 90: Entire article R&RE, p. 1574, § 1, effective June 7.
This section is similar to former § 35-9-106 as it existed prior to 1990.
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 35-9-128 - Information

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.
L. 90: Entire article R&RE, p. 1574, § 1, effective June 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-101 - Short title

This article shall be known and may be cited as the "Pesticide Applicators' Act".
L. 90: Entire article R&RE, p. 1576, § 1, effective May 31.
This section is similar to former § 35-10-101 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-102 - Legislative declaration

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 individuals. The general assembly further finds and declares that pesticides contain toxic substances which may pose a serious risk to the public health and safety and that regulation of pesticide use is necessary to prevent adverse effects on individuals and the environment.
L. 90: Entire article R&RE, p. 1576, § 1, effective May 31.
This section is similar to former § 35-10-102 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-104 - Scope of article

(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.)
L. 90: Entire article R&RE, p. 1578, § 1, effective May 31. L. 2006: Entire section amended, p. 1260, § 2, effective 1/1/2007.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-105 - Commercial applicator - business license required

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 for the class or subclass of pesticide application in which the qualified supervisor employed or otherwise retained by the commercial applicator is licensed.
L. 90: Entire article R&RE, p. 1579, § 1, effective May 31.
This section is similar to former § 35-10-106 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-106 - Commercial applicator - license requirements - application - fees

(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 the commissioner at least ten days prior to such cancellation; except that liability insurance policies containing a so-called "pollution exclusion" shall satisfy this paragraph (a);
(b)
Employ or secure the services by documented agreement of a qualified supervisor who is licensed in the class or subclass of pesticide application or device use performed by the business;
(c)
Provide verifiable training to all technicians in his employ according to standards adopted by the commissioner;
(d)
Identify all pesticide application equipment in the form and manner prescribed by the commissioner;
(e)
If it engages in aerial application of pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.
(2)
Each applicant for a commercial applicator business license shall submit an application providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that the applicant has complied with subsection (1) of this section.
(3)
(a)
If a commercial applicator operates under more than one business name from a single location, the name of each such business providing services related to pesticide application shall be listed with the commissioner in the form and manner he shall designate. The commissioner may require that a separate fee be paid for each business name so listed.
(b)
No additional commercial applicator business license shall be required for such additional business names.
(c)
If a commercial applicator operates under more than one business name from a single location, the applicator must maintain separate pesticide application records pursuant to section
35-10-111
and separate business records for each such business name.
(4)
Each applicant for a commercial applicator business license shall pay a license fee in an amount determined by the commissioner.
(5)
The expiration date of each commercial applicator business license shall be determined by the commissioner, but the duration of such license shall not exceed three years.
(6)
Each licensee shall report to the commissioner, in the form and manner the commissioner shall designate, any change to the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.
L. 90: Entire article R&RE, p. 1579, § 1, effective May 31. L. 2006: (1)(b) and (5) amended, p. 291, § 2, effective July 1.
This section is similar to former §§ 35-10-106, 35-10-108, and 35-10-110 as they existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-107 - Commercial applicator business license - renewals

(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 application for renewal is not received on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.
(3)
If the application and fee for renewal are not received on or before the thirtieth day following the expiration date of the license, the business license shall not be renewed, and the commercial applicator shall apply for a new license.
Amended by 2015 Ch. 201,§ 4, eff. 7/1/2015.
L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 292, § 3, effective July 1. L. 2015: (2) and (3) amended, (SB 15-119), ch. 201, p. 694, § 4, effective May 19.
This section is similar to former § 35-10-109 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-108 - Commercial applicators - invoice notice

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.
L. 90: Entire article R&RE, p. 1580, § 1, effective May 31.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-109 - Limited commercial and public applicators - no business license required - training - rules

(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 registration, as well as the amount of any administrative fees associated with the registration. A limited commercial or public applicator may register voluntarily, regardless of whether the applicator applies restricted-use pesticides, by submitting a request in the form and manner specified by the commissioner.
(2)
(a)
A public applicator shall not allow a person working for it to apply a general-use pesticide that has been listed by the commissioner by rule unless the person has been trained in the core elements of pesticide use as required by the commissioner by rule. The public applicator shall maintain a record of the training as specified by the commissioner by rule.
(b)
The owner or designee of a limited commercial applicator must be trained in the core elements of pesticide use as required by the commissioner by rule before applying a general-use pesticide that has been listed by the commissioner by rule. The limited commercial applicator shall maintain a record of the training as specified by the commissioner by rule.
Amended by 2015 Ch. 201, § 6, eff. 7/1/2015.
L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 3, effective 1/1/2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 695, § 6, effective May 19.
This section is similar to former § 35-10-113 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-110 - Registered limited commercial and registered public applicators - requirements for operation

(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 services of such qualified supervisor by documented agreement.
(2)
Notwithstanding subsection (1) of this section, no registered public applicator shall be required to pay licensing or certification fees for any qualified supervisor or certified operator whom the applicator may employ.
(3)
Every registered limited commercial or registered public applicator shall provide verifiable training to all technicians in its employ according to standards adopted by the commissioner. Such standards shall be identical to those adopted by the commissioner with respect to commercial applicators pursuant to section
35-10-106 (1)(c)
.
(4)
If the commissioner, pursuant to section
35-10-109
, establishes a registry of limited commercial and public applicators, he or she may also require that each registered applicator report, in the form and manner the commissioner shall designate, any change to the information provided by such applicator to the registry or in any such reports previously submitted, within fifteen days after said change.
L. 90: Entire article R&RE, p. 1580, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 4, effective 1/1/2007.
This section is similar to former § 35-10-113 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-111 - Record-keeping requirements

(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 after the date of the pesticide application; except that the record retention period for private applicators is two years.
(2)
The records shall be kept as follows:
(a)
For a commercial applicator, at the address specified in the application for the commercial applicator's business license;
(b)
For a registered limited commercial or registered public applicator, at the address specified in the registry authorized in section
35-10-109
; or
(c)
For a licensed private applicator, at the address of record on file with the commissioner.
Amended by 2015 Ch. 201, § 3, eff. 7/1/2015.
L. 90: Entire article R&RE, p. 1581, § 1, effective May 31. L. 2006: Entire section amended, p. 1261, § 5, effective 1/1/2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 694, § 3, effective May 19.
This section is similar to former § 35-10-111 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-113 - Qualified supervisor - license required

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.
L. 90: Entire article R&RE, p. 1582, § 1, effective May 31.
This section is similar to former § 35-10-105 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-114 - Certified operator - license required

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.
L. 90: Entire article R&RE, p. 1582, § 1, effective May 31. L. 96: Entire section amended, p. 1377, § 5, effective July 1.
This section is similar to former § 35-10-105 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-114.5 - Private applicator - license required

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 a restricted-use pesticide under the supervision of a licensed private applicator for uses authorized by the licensed private applicator's license.
L. 2006: Entire section added, p. 1263, § 7, effective 1/1/2007.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-114.7 - [Repealed]

L. 2006: Entire section added, p. 1263, § 8, effective July 1.
Subsection (2) provided for the repeal of this section, effective January 1, 2007. (See L. 2006, p. 1263.)
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-115 - Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees

(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 he or she wishes to be licensed;
(b)
Possess the degree of experience and any other qualifications which may be required by the commissioner for licensure under this section; and
(c)
If he wishes to be licensed to engage in aerial application of pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.
(2)
Each applicant for licensure under this section shall submit an application providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that such applicant has complied with subsection (1) of this section.
(3)
Each licensee shall be required to report to the commissioner, in the form and manner he shall designate, any change to the information provided in such licensee's application or in any such reports previously submitted, within fifteen days of such change.
(4)
Each applicant for a license issued under this section shall pay a license fee in an amount determined by the commissioner, after review by the advisory committee created in section
35-10-125
.
(5)
The commissioner shall issue licenses to qualified private applicators on and after January 1, 2007. A license issued in Colorado by the United States environmental protection agency, issued to a private applicator before January 1, 2007, shall remain valid for purposes of this article through the expiration date of such license.
L. 90: Entire article R&RE, p. 1582, § 1, effective May 31. L. 2006: (1)(a) amended, p. 293, § 5, effective July 1; IP(1) amended and (5) added, p. 1263, § 9, effective 1/1/2007.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-116 - Qualified supervisor and certified operator licenses - expiration - renewal of licenses - reinstatement

(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 have the option to apply to renew a license without further examination if he has completed, within the previous three years, the competency requirements established by the commissioner.
(3)
A licensee shall submit a renewal application in the form and manner designated by the commissioner on or before the termination date of such license and shall pay a renewal fee in an amount determined by the commissioner.
(4)
If the application for renewal of any license issued pursuant to section
35-10-115
is not postmarked on or before the expiration date of the license, a penalty fee of ten percent of the renewal fee shall be assessed and added to the renewal fee. No license shall be renewed until the total renewal fee is paid.
(5)
If the application and fee for renewal of any license issued pursuant to section
35-10-115
are not received on or before the thirtieth day following the expiration date of the license, the license shall not be renewed and the licensee shall apply for a new license.
(6)
Notwithstanding subsection (5) of this section, any license issued pursuant to this section that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:
(a)
Application and payment of a reinstatement fee as determined by the commissioner; and
(b)
Proof that all renewal requirements have been satisfied as of the expiration date of the license.
(7)
Licenses not reinstated within one hundred eighty days after the expiration date shall not be reinstated. The former holder of such a license who wishes to be licensed shall apply for a new license.
Amended by 2015 Ch. 201,§ 5, eff. 7/1/2015.
L. 90: Entire article R&RE, p. 1583, § 1, effective May 31. L. 2006: (1) amended and (6) and (7) added, p. 293, § 6, effective July 1. L. 2015: (5) amended, (SB 15-119), ch. 201, p. 694, § 5, effective May 19.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-117.5 - Unlawful acts for licensed private applicators

(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 to maintain or submit any records or reports required by this article or any rules adopted pursuant thereto; or
(c)
To permit the use of a private applicator license by any person other than the person to whom the license was issued.
L. 2006: Entire section added, p. 1264, § 11, effective 1/1/2007.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 10 - PESTICIDE APPLICATORS' ACT (§§ 35-10-101 — 35-10-128) › Section 35-10-119 - Inspections - investigations - access - subpoena

(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 changes before further use.
(2)
The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article.
(3)
Complaints of record made to the commissioner and the results of his investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section
24-72-202 (4)
, C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.
(4)
At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:
(a)
To any land, water, or structures thereon in which any devices that require licensure for use, pesticides, containers, rinsates, or other related materials are or have been kept, used, stored, handled, processed, disposed of, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;
(b)
To all records required to be kept and may make copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.
(5)
The commissioner shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
L. 90: Entire article R&RE, p. 1587, § 1, effective May 31. L. 2006: (1) and (4)(a) amended, p. 296, § 10, effective July 1; (4)(a) amended, p. 1265, § 13, effective 1/1/2007.
(1) This section is similar to former § 35-10-115 as it existed prior to 1990.
(2) Amendments to subsection (4)(a) by House Bill 06-1239 and House Bill 06-1274 were harmonized.