C.R.S. § 35-9-101 Short title
35-9-101. Short title. This article shall be known and may be cited as the "Pesticide Act".
Pesticide Act
C.R.S. tit. 35, art. 9
in effectC.R.S. § 35-9-102 Legislative declaration
35-9-102. Legislative declaration. The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly further finds and declares that it is the intent of this article to assure the dissemination of accurate information regarding the proper and prohibited uses of any pesticide or device. The provisions of this article are enacted to protect the public health, safety, and welfare of the people of this state.
C.R.S. § 35-9-103 Definitions
35-9-103. Definitions. As used in this article 9, unless the context otherwise requires:
(1) "Active ingredient" means:
(a) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;
(b) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;
(c) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and
(d) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
(2) "Adulterated" refers to:
(a) Any pesticide whose strength or purity deviates from the professed strength or purity stated on its labeling or under which it is sold; or
(b) Any pesticide whose components or their relative proportions differ from those stated on its labeling; or
(c) Any substance which has been substituted wholly or in part for a pesticide; or
(d) Any pesticide from which any valuable constituent has been wholly or partly abstracted; or
(e) Any pesticide in which any contaminant is present in an amount which is determined by the commissioner to be a hazard.
(3) "Commissioner" means the commissioner of agriculture.
(4) "Dealer" means any person who distributes to any other person any restricted-use pesticide.
(5) "Device" means any instrument or contrivance, other than a firearm, intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, viruses, or other microorganisms on or in living man or other living animals); except that "device" shall not include equipment used for the application of pesticides when sold separately therefrom.
(6) "Distribute" means to advertise, offer for sale, hold for sale, sell, barter, or supply in any fashion any pesticide in this state.
(7) "EPA" means the environmental protection agency.
(8) "Inert ingredient" means an ingredient which is not active.
(9) "Limited-use pesticide" refers to any pesticide so designated by the commissioner.
(9.5) "Neonicotinoid pesticide" means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including:
(a) Acetamiprid;
(b) Clothianidin;
(c) Dinotefuran;
(d) Imidacloprid;
(e) Nitenpyram;
(f) Nithiazine;
(g) Thiacloprid; or
(h) Thiamethoxam.
(10) "Pest" means any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or in other living animals) which the commissioner or the administrator of the EPA declares to be a pest.
(11) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term "pesticide" shall not include any article that is a "new animal drug" as designated by the United States food and drug administration.
(11.4) "Refill" means to transfer a pesticide for sale or distribution to a refillable container without changing the composition, formulation, or EPA registration number of the pesticide.
(11.5) "Refillable container" means a container that is intended to be filled more than once with a pesticide for sale or distribution.
(11.6) "Refiller" means a person that engages in refilling.
(12) "Restricted-use pesticide" means any pesticide designated as a restricted-use pesticide by the commissioner or the administrator of the environmental protection agency.
C.R.S. § 35-9-104 Exemptions
35-9-104. Exemptions. (1) The provisions of this article shall not apply to:
(a) Any carrier while lawfully engaged in transporting a pesticide or device within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the transactions regarding and the movement of the pesticide or device;
(b) Public officials of this state and the federal government engaged in the performance of their official duties except as specifically required by this article; or
(c) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of any agency of this state or of the federal government authorized by law to conduct research in the field of pesticides.
(2) No pesticide or device shall be deemed in violation of this article when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all provisions of this article shall apply.
C.R.S. § 35-9-105 Exclusive jurisdiction
35-9-105. Exclusive jurisdiction. Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture.
C.R.S. § 35-9-106 Pesticide registration required - exemptions
35-9-106. Pesticide registration required - exemptions. (1) Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article.
(2) The commissioner may exempt certain pesticides from the registration requirement consistent with the "Federal Insecticide, Fungicide, and Rodenticide Act", 7 U.S.C. sec. 136 et seq., as amended, and rules promulgated by the EPA under the "Federal Insecticide, Fungicide, and Rodenticide Act".
C.R.S. § 35-9-107 Pesticide registration - application - fees - expiration - rules
35-9-107. Pesticide registration - application - fees - expiration - rules. (1) Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate:
(a) The name and address of the applicant and, if it is different, the name and address of the person whose name will appear on the pesticide label;
(b) The name of the pesticide;
(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for its use, including directions and precautions for use;
(d) A complete statement of each active ingredient and its percentage of the whole and, if requested by the commissioner, each inert ingredient and its percentage of the whole, which inert ingredient information shall be kept confidential as provided in section 35-9-109;
(e) If requested by the commissioner, a full description of all tests made and the results thereof, including, but not limited to, efficacy and hazard data upon which the claims are based;
(f) If requested by the commissioner, analytical standards and methods of analysis for each formulation of said pesticide and analytical methods for determining any residues of said pesticide at levels suspected harmful to plants, animals, or the environment; and
(g) 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 pesticide shall expire each year on a date specified by the commissioner by rule.
C.R.S. § 35-9-108 Registration - review and evaluation - criteria - state limited-use or restricted-use pesticide - cancellation - summary suspension
35-9-108. Registration - review and evaluation - criteria - state limited-use or restricted-use pesticide - cancellation - summary suspension. (1) The commissioner shall review the information provided with respect to each pesticide to determine if it meets the claims made for it and if the pesticide and its labeling and other materials comply with the provisions of this article and the rules and regulations adopted pursuant thereto.
(2) If the commissioner determines that the pesticide, labeling, or any other materials submitted with the application do not comply with the provisions of this article, he shall notify the applicant of the particulars in which there is a lack of compliance.
(3) The commissioner shall not register the pesticide until the applicant has made the necessary corrections or amendments as specified in the notice. The applicant may request a hearing to appeal an adverse determination pursuant to section 24-4-104, C.R.S.
(4) The commissioner shall consider the following criteria to determine if a pesticide qualifies for registration:
(a) Its composition is such as to warrant the proposed claims for it;
(b) When used in accordance with generally accepted practices, it will not cause unacceptable, adverse effects on the environment;
(c) Its labeling and any other material required to be submitted pursuant to section 35-9-107 comply with the provisions of this article and any rules and regulations adopted pursuant thereto.
(5) The commissioner, in his discretion, may, at the time of registration, designate the pesticide as a state restricted-use or limited-use pesticide and may restrict or limit the distribution or use of such pesticide. The commissioner may include in said restriction the time and conditions under which the pesticide may be distributed or used and may impose any or all of the following additional requirements:
(a) The pesticide shall be purchased, possessed, or used only under permit of the commissioner;
(b) The pesticide shall be purchased, possessed, or used only under the supervision of the commissioner; and
(c) The permittee shall maintain records as to the use of such pesticide in the form and manner the commissioner shall designate.
(6) After a pesticide is registered, the commissioner may cancel the registration of said pesticide pending notice and an opportunity for hearing if he determines that:
(a) The pesticide or its labeling or packaging does not comply with the provisions of this article or any rules or regulations adopted thereunder; or
(b) The pesticide registration has been canceled or suspended by the EPA.
(7) If the commissioner has reasonable grounds to believe and finds that the registrant has been guilty of deliberate and willful violation of use or distribution restrictions imposed pursuant to this article or that the public health, safety, or welfare imperatively requires emergency action, he may summarily suspend the registration pending proceedings for suspension or cancellation of the registration.
C.R.S. § 35-9-109 Confidentiality of inert ingredients
35-9-109. Confidentiality of inert ingredients. (1) Except as provided by this section, no inert ingredient information required by section 35-9-107 (1)(d) shall be released to any person by the commissioner.
(2) A registrant may authorize the commissioner to disclose any inert ingredient information required by section 35-9-107 by filing a signed authorization for release of information with the commissioner.
(3) When a treating physician or the poison control service provider selected pursuant to section 25-32-105, C.R.S., determines that a medical emergency exists and information submitted to the commissioner concerning inert ingredients pursuant to section 35-9-107 (1)(d) is necessary for emergency or first-aid treatment, the commissioner may immediately disclose the information necessary to that treating physician or to such poison control service provider. The commissioner shall require such treating physician or such poison control service provider to submit to the commissioner a statement of need for the information and a confidentiality agreement, in the form and manner the commissioner shall designate, as soon as circumstances permit.
(4) If the treating physician or the poison control service provider, after receiving confidential information regarding a pesticide, determines that there is a need to disclose the information to another health professional, including a physician or a toxicologist, due to an immediate health emergency, whether public or individual, the treating physician or the poison control service provider shall so inform the commissioner. The commissioner shall require confidentiality from any such health professional to whom the confidential information is disclosed.
C.R.S. § 35-9-110 Device registration - required
35-9-110. Device registration - required. (1) Every device which is sold in this state and which is subject to the provisions of this article shall be registered with the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto.
(2) The commissioner shall designate the classes of devices which are subject to this article.
C.R.S. § 35-9-111 Device registration - application - fees - expiration - rules
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.
C.R.S. § 35-9-112 Renewal of pesticide and device registration
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).
C.R.S. § 35-9-113 Misbranded
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.
C.R.S. § 35-9-114 Pesticide dealer license - required
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.
C.R.S. § 35-9-115 Pesticide dealer license - requirements - application - fees - expiration
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.
C.R.S. § 35-9-116 Renewal of pesticide dealer license
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.
C.R.S. § 35-9-117 Dealer and refiller records and reports - rules
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.
C.R.S. § 35-9-117.5 Refillable container residue removal requirements - rules
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.
C.R.S. § 35-9-118 Powers and duties of the commissioner - exemptions - rules
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.
t 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.
C.R.S. § 35-9-119 Investigations - access - subpoena
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.
C.R.S. § 35-9-120 Prohibited acts
35-9-120. Prohibited acts. (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 device which has not been registered pursuant to the provisions of this article and any rules and regulations adopted pursuant thereto;
(II) Any pesticide or device if any of the claims made for it or any of the directions for its use or any other labeling differs from the representations made in connection with its registration or reregistration; except that, at the discretion of the commissioner, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product;
(III) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container a label bearing the information required in this article and the rules adopted pursuant to this article, and, if there is an outside container or wrapper of such retail package through which the required information cannot be clearly read, there is an additional label on such container or wrapper containing such information;
(IV) Any pesticide which is adulterated or misbranded, or any device which is misbranded;
(V) Any pesticide in any container which violates rules adopted pursuant to this article or in any container which is unsafe due to damage;
(b) To distribute any pesticide to any person who is required by law or rules adopted under such law to be certified, licensed, or have a permit to use or purchase the pesticide unless such person or the person's agent, to whom sale or delivery is made, has a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered; except that, subject to conditions established by the commissioner, such permit may be obtained immediately prior to sale or delivery from any person so designated by the commissioner;
(c) To detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this article or rules adopted pursuant thereto, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this article or the rules adopted pursuant thereto;
(d) To use or cause to be used any pesticide contrary to the rules and restrictions adopted pursuant to section 35-9-118 (2)(c);
(e) To use for the person's own advantage or to reveal, other than under the authority of section 35-9-109, any information relative to formulas of products acquired by authority of section 35-9-107 (1)(d);
(f) To perform any of the acts or to hold oneself out as being qualified to perform any of the acts for which licensure as a pesticide dealer is required without possessing a valid license to do so;
(g) (I) To make false, misleading, deceptive, or fraudulent representations through any media regarding:
(A) Pesticides or any aspect of their use, including, but not limited to, representations regarding their safety and effectiveness; or
(B) Devices or any aspect of their use, including, but not limited to, representations regarding their safety and effectiveness.
(II) It is a false representation to make claims as to the safety of any pesticide or device or their components or ingredients, including, but not limited to, such claims as "safe", "noninjurious", "harmless", or "nontoxic to humans and pets", with or without such qualifying phrases as "when used as directed" and "when properly applied".
(h) To refuse or neglect to comply with the provisions of this article;
(i) To refuse or neglect to comply with any rule adopted under this article, or any lawful order of the commissioner;
luding, but not limited to, such claims as "safe", "noninjurious", "harmless", or "nontoxic to humans and pets", with or without such qualifying phrases as "when used as directed" and "when properly applied".
(h) To refuse or neglect to comply with the provisions of this article;
(i) To refuse or neglect to comply with any rule adopted under this article, or any lawful order of the commissioner;
(j) To impersonate any state, county, or city inspector or official;
(j.5) To make a false statement in any invoice, record, report, or application required under this article or any rule promulgated under this article; or
(k) To make any fraudulent statements in any confidentiality agreement authorized pursuant to section 35-9-109 or to violate any of the provisions of said agreement.
(2) It is unlawful and a violation of this article for any pesticide dealer:
(a) To store pesticides in a manner inconsistent with labeling directions, except as provided by law, or in a fraudulent, faulty, unsafe, or negligent manner;
(b) To dispose of empty pesticide containers or unused materials inconsistent with labeling directions or in a negligent or unsafe manner;
(c) To permit the use of his license by persons to whom the license was not issued;
(d) To fail to maintain records and file reports as required by this article or rules adopted pursuant thereto;
(e) To fail to notify the commissioner of any change of address within thirty days after said change of address;
(f) To make a false statement of fact in any invoice or any record, report, or application required by this article or by any rule adopted pursuant thereto; or
(g) To sell a pesticide without having an appropriately licensed pest control consultant supervising said sale.
(2.5) It is unlawful and a violation of this article for any refiller:
(a) To fail to maintain any records or reports required under this article or any rule promulgated under this article;
(b) To make a false statement of fact in any record or report required by this article or any rule promulgated under this article; or
(c) To fail to clean a refillable container in accordance with residue removal procedures specified by the commissioner by rule.
(3) Any violation of paragraph (a), (c), (f), or (g) of subsection (1) of this section is a deceptive trade practice and is subject to the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.
C.R.S. § 35-9-121 Enforcement
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.
C.R.S. § 35-9-122 Denial - suspension - revocation
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.
C.R.S. § 35-9-123 Embargo
35-9-123. Embargo. (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 required by this article; or
(d) Is in violation of any provision of this article or any rule made pursuant to this article.
(2) If any of the conditions specified in subsection (1) of this section apply, the commissioner may affix to such pesticide or device a tag or other appropriate marking giving notice thereof and stating that the pesticide or device has been detained or embargoed and warning all persons not to remove or dispose of such pesticide or device by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.
(3) Any person who removes or disposes of such detained or embargoed pesticide or device by sale or otherwise, without prior permission, or removes or alters the tag or marking commits a class 2 misdemeanor. In addition, such person may be subjected to appropriate administrative proceedings.
(4) When a pesticide or device detained or embargoed under subsection (2) of this section has been found by the commissioner to be in violation of any provision of this article or any rule promulgated pursuant to this article and if the violation has not been resolved in thirty days, the commissioner may petition a court of competent jurisdiction for a condemnation of such pesticide or device. When the commissioner has found that a pesticide or device so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.
(5) If the court finds that a detained or embargoed pesticide or device is in violation of this article or rules adopted thereunder, such pesticide or device shall after entry of the decree be destroyed at the expense of the owner, claimant, or custodian thereof, under the supervision of the commissioner, and all court costs and attorney fees and storage and other proper expenses shall be assessed against the owner, claimant, or custodian of such pesticide or device or his agent. However, if the adulteration or misbranding can be corrected by proper labeling or processing of the pesticide or device, the court, after entry of the decree and after such costs, attorney fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of such pesticide or device, may by order direct that such pesticide or device be delivered to the owner, claimant, or custodian thereof for such labeling or processing under the supervision of the commissioner. The expense of such supervision shall be paid by the owner, claimant, or custodian. The pesticide or device shall be returned to the owner, claimant, or custodian of the pesticide or device on the representation to the court by the commissioner that the pesticide or device is no longer in violation of this article and that the expenses of such supervision have been paid.
C.R.S. § 35-9-124 Civil penalties
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.
C.R.S. § 35-9-125 Criminal penalties
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.
C.R.S. § 35-9-126 Pesticide fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees
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. 87, p. 316, § 5, effective July 1, 2009.)
C.R.S. § 35-9-127 Advisory committee
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.
C.R.S. § 35-9-128 Information
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-35.docxFetched: 10/6/2026