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 35-10-112 - Notification requirements - registry of pesticide-sensitive persons - preemption - rules

(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 physician licensed in Colorado in the form and manner prescribed by the commissioner. To remain on the registry, a pesticide-sensitive person must update the person's proof of medical justification every two years. The department shall update the registry at least annually, and make the published registry readily accessible, in a form and manner prescribed by the commissioner, to all commercial, registered limited commercial, and registered public applicators on record with the commissioner.
(II)
In applying to be placed on the registry, a pesticide-sensitive person may list a principal:
(A)
Residential address;
(B)
Employment address; and
(C)
School address.
(b)
The commissioner shall provide standardized notification signs to any person accepted for the registry for such person to post on his property. These signs shall be designed, manufactured, and distributed solely by the department.
(c)
(I)
A commercial, registered limited commercial, or registered public applicator, prior to applying a pesticide in any turf or ornamental category, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and:
(A)
Who has listed the property to be treated as the person's principal residential, employment, or school address pursuant to subsection (1)(a)(II) of this section;
(B)
Who resides on property that abuts the property to be treated; or
(C)
Who resides in a multi-unit dwelling that abuts a common area to be treated.
(II)
If two property sites would be considered to be abutting but for the fact that such sites are separated by an alley, for the purposes of this section such sites are deemed to be abutting.
(III)
In notifying a pesticide-sensitive person pursuant to this section, a commercial, registered limited commercial, or registered public applicator may provide the notice electronically.
(d)
A commercial, registered limited commercial, or registered public applicator in the wood-destroying organism pest control, residential or commercial pest control, or interior plant pest control categories, prior to making a structural pesticide application to a multi-unit dwelling, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and who resides at that multi-unit dwelling.
(e)
The commissioner may establish rules to further clarify the circumstances and manner in which notice shall be given to pesticide-sensitive persons.
(f)
(I)
On or before July 1, 2024, the department shall develop a searchable database of all properties that abut, or are entirely located within two hundred fifty feet of, any residential property listed in the registry of pesticide-sensitive persons. If a property is only partially located within two hundred fifty feet of a residential property listed in the registry, and does not abut the residential property, the department shall not include the property in the searchable database.
(II)
When developing the searchable database pursuant to this subsection (1)(f), the department must:
(A)
Through the commissioner, adopt rules requiring a commercial, registered limited commercial, or registered public applicator to provide notice to a pesticide-sensitive person if the commercial, registered limited commercial, or registered public applicator treats a property that is listed in the searchable database as abutting, or being entirely located within two hundred fifty feet of, the pesticide-sensitive person's listed residential property. A commercial, registered limited commercial, or registered public applicator is not required to provide notice pursuant to this subsection (1)(f)(II)(A) unless and until the commissioner adopts rules pursuant to this subsection (1)(f)(II)(A).
(B)
Periodically update the searchable database as needed; and
(C)
Provide access to the searchable database to all commercial, registered limited commercial, and registered public applicators.
(III)
It is an affirmative defense to an allegation that a commercial, registered limited commercial, or registered public applicator violated rules adopted pursuant to subsection (1)(f)(II)(A) of this section if a failure to notify a pesticide-sensitive person of the treatment of a property that abuts, or is located entirely within two hundred fifty feet of, the pesticide-sensitive person's listed residential property resulted from the fact that the treated property was not listed in the searchable database at the time of the treatment.
(2)
(a)
Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any turf or ornamental category shall, at the time of application, post a sign or signs notifying the public of the application. Such signs shall be posted at any conspicuous point or points of entry to the property receiving the application.
(b)
Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any aquatic category shall post, at the time of application, a sign or signs notifying the public of the application. Such signs shall be posted in the manner designated by the commissioner through the adoption of rules pursuant to article
4
of title
24
, C.R.S.
(c)
The notice-of-application signs specified in paragraphs (a) and (b) of this subsection (2) shall be water resistant and shall measure at least four inches in height and five inches in width. Each sign shall contain the following information in black lettering and symbols on a bright yellow background:
(I)
The word "WARNING", in at least sixty-point bold-faced type;
(II)
The words "PESTICIDES APPLIED", in at least twenty-four-point bold-faced type;
(III)
The symbol of a circle at least two inches in diameter with a diagonal slash over an adult, child, and dog; and
(IV)
The name of the commercial, registered limited commercial, or registered public applicator that made the application, in at least eighteen-point bold-faced type.
(d)
If a commercial or registered limited commercial applicator makes a pesticide application on a commercial property site pursuant to paragraph (a) or (b) of this subsection (2) and an owner of the site or an agent of an owner of the site is not present at the site, then, in addition to the information required by paragraph (c) of this subsection (2), the notice-of-application signs posted by the applicator at the site shall also contain the following information in black lettering and symbols on a bright yellow background in at least eighteen-point bold-faced type:
(I)
The telephone number of the applicator;
(II)
The name of the pesticide applied; and
(III)
The date the pesticide was applied.
(3)
No county, city and county, municipality, home rule county, home rule city and county, or home rule municipality shall enact or impose any notification requirements upon commercial applicators which are more stringent than those imposed by this article; except that each county, city and county, municipality, home rule county, home rule city and county, and home rule municipality shall retain the authority to impose any notification requirements upon private individuals, property owners, and the general public. Any such notification requirement imposed by any county, city and county, municipality, home rule county, home rule city and county, or home rule municipality on private individuals, property owners, or the general public shall not be held to be applicable to any commercial applicator, nor shall any commercial applicator be exposed to any liability for a failure to comply with any such notification requirement.
Amended by 2023 Ch. 350,§ 4, eff. 8/7/2023.
L. 90: Entire article R&RE, p. 1581, § 1, effective May 31. L. 96: (1)(a), (1)(c), and (3) amended and (2)(d) added, p. 1374, §§ 2, 3, effective July 1. L. 2006: (1)(a) and (1)(c) amended and (1)(d) and (1)(e) added, p. 292, § 4, effective July 1; (1)(a), (1)(c), (2)(a), (2)(b), IP(2)(c), (2)(c)(IV), and IP (2)(d) amended and (1)(d) added, p. 1262, § 6, effective 1/1/2007.
Amendments to subsections (1)(a), (1)(c), and (1)(d) by House Bill 06-1239 and House Bill 06-1274 were harmonized.
2023 Ch. 350, was passed without a safety clause. See Colo. Const. art. V, § 1(3).