Colorado Department of Agriculture
Plant Industry Division
Administration and Enforcement of the Pesticide Act
8 CCR 1203-1
Part 1.	Definition and construction of terms.
1.1.	As used in these rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these rules shall have the meaning set forth for such terms in the Act.
1.2.	As used in these rules, unless the context otherwise requires:
(a)	“Act” means the Pesticide Act, Title 35, Article 9, C.R.S.
(b)	“Applicant” means a person who applies for a registration or renewal of a registration under the Act.
(c)	“Brand”	or “Brand name” means the name, number or trademark, or designation applied to a pesticide of any particular description by the manufacturer, distributor, importer or vendor. Each pesticide differing in the ingredient statement, analysis, manufacturer or distributor, name, number or trademark shall be considered as a distinct and separate brand.
(d)	“Certified applicator” means an individual who is certified or licensed to use or supervise the use of restricted use pesticides;	 
(e)	“Distribute or sell” and other grammatical variations of the term such as “distributed or sold” and “distribution and sale”	means the acts of distributing, advertising, offering for sale, holding for distribution, holding for sale, selling, bartering, or supplying in any fashion any pesticide product in this state.	 
(f)	“Federal restricted use pesticide” means any pesticide classified for restricted use by the administrator of the Environmental Protection Agency under the FIFRA.	 
(g)	“FIFRA”	means the Federal Insecticide, Fungicide and Rodenticide Act including all amendments and rules and regulations.	 
(h)	“Final printed labeling” means the label or labeling of the product when distributed or sold. Final printed labeling does not include the package of the product, unless the labeling is an integral part of the package.	 
(i)	“Label”	means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.	 
(j)	“Labeling” means all labels and all other written, printed, or graphic matter:	 
(1)	accompanying the pesticide or device at any time; or	 
(2)	to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the United States Department of Health and Human Services, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.	 
(k)	“Liquid chemical sterilant product” means any liquid chemical sterilant product (including any product with sterilant or subordinate disinfectant claims) for use on a critical or semi-critical device, as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C.	§ 321 (h) (incorporated by reference herein, later amendments not included). For purposes of this definition, the term “critical device” includes any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body; the term “semi-critical device”	includes any device that contacts intact mucous membranes but that does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.	 
(l)	“Pesticide product” means a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide. The term also includes any device whose labeling includes or should include an establishment number issued pursuant to 40 C.F.R. § 167.20 (2009) (incorporated by reference herein, later amendments not included) except for those devices exempted in Part 14. The term also includes the characteristic designation by words, symbols, name, number, or trademark of a specific, particular pesticide or formulation thereof, under which the pesticide is distributed or sold in the State of Colorado. For more than one pesticide product to be considered the same pesticide product, each pesticide product must exhibit the same:
(1)	product name;	 
(2)	registrant name;	 
(3)	manufacturer name;	 
(4)	EPA registration number (if the pesticide product is subject to registration by EPA pursuant to the FIFRA); and	 
(5)	labeling.	 
(m)	“Registrant” means any person who has registered any pesticide with the state of Colorado.	 
(n)	“State restricted use pesticide” means any pesticide which when used as directed or in accordance with the generally accepted practice, the Commissioner determines requires additional restrictions for that use to prevent unreasonable -adverse effects on the environment including, but not limited to people, lands, beneficial insects, animals, crops, and wildlife, other than pests.
(o)	“Under the direct supervision” means the application of a pesticide by a competent person acting under the instructions and control of a certified applicator who is available when needed, even though said applicator is not physically present at the time and place the pesticide is applied.	 
Part 2.	Status of products as pesticides.
Substances or mixtures of substances will be considered to be pesticides if:	 
2.1.	The label or labeling of the product bears claims for use as a pesticide.	 
2.2.	Claims or recommendations for use as a pesticide are made in collateral advertising such as publications, advertising literature which does not accompany the product, or advertisements by radio or television.	 
2.3.	Claims or recommendations for use as a pesticide are made verbally or in writing by representatives of the manufacturer or distributor.	 
2.4.	The products are intended for use both as pesticides and other purposes.	 
Part 3.	The registration system.
3.1.	Every pesticide product which is distributed in this state must be registered with the commissioner.
(a)	The Commissioner may exempt certain pesticides from registration in accordance with §35-9-106(2), C.R.S. (incorporated by reference herein, later amendments not included).
(b)	The following pesticide products shall not be exempt from registration;
i.	minimum risk pesticides as described under 40 C.F.R.§ 152.25(f) (2009) (incorporated by reference herein, later amendments not included);
ii.	pesticides distributed under an experimental use permit, as described under 40 C.F.R. § 152.30(c)(1) (2009) (incorporated by reference herein, later amendments not included).
iii.	pesticides distributed under an emergency exemption, as described in 40 C.F.R. § 152.30(e) (2009) (incorporated by reference herein, later amendments not included). 
3.2.	Each pesticide product shall be registered separately.	 
3.3.	Repealed.	 
3.4.	The annual application fee for registration or renewal of a registration shall be $165.00.	 
3.5.	Repealed.
3.6.	Any person is eligible to be a registrant.
3.7.	Effect of registration: If a pesticide product is registered under the Act, no further registration under the Act is required unless the label or ingredient statement differ from the representations made in connection with registration.
3.8.	The commissioner will send all correspondence concerning the application and any subsequent registration information to the address provided by the applicant. It is the responsibility of the applicant and any registrant to ensure that the commissioner has a current and accurate address. Any change of address submitted on the application form or renewal form shall result in a change of address for the registrant. Otherwise, any change of address must be in writing and specifically indicate an intention to change the official mailing address of the registrant.
3.9.	Any change of address submitted to the commissioner by a registrant will result in a change of address for all pesticide products registered by said registrant.
3.10.	Applications and correspondence relating to registration should be submitted as specified by the Commissioner to:
Colorado Department of Agriculture Division of Plant Industry 700 Kipling St, Suite 4000	 Lakewood, CO	80215-8000
3.11.	At any time the Commissioner, under the authority of the Act, may require from the registrant, a description or descriptions of tests and the results thereof upon which labeling claims are made.
3.12.	Effective date of registration. Registration of a pesticide product shall become effective on the date the application is approved and accepted by the Commissioner. A Certificate of Registration will be issued to the registrant for each pesticide product registered with the Commissioner.
3.13.	Responsibility of a registrant. The registrant is responsible for the accuracy and completeness of all information submitted in connection with his application for registration of a pesticide product.
3.14.	Changes in labeling or ingredient statement. Changes in the labeling or ingredient statement of a registered pesticide product shall be submitted prior to any sales using the changed label or ingredients in Colorado. The exact changes shall be described.
3.15.	Claims must conform to registration. Claims made for a pesticide product must not differ in substance from representations made in connection with registration or revised labeling submissions, including representations with respect to effectiveness, ingredients, directions for use, or pests against which the product is recommended. Any claims which differ in substance from representations made in connection with registration shall be described.
3.16.	Compliance with the FIFRA. The commissioner shall refuse application for registration of any pesticide product that is not in compliance with the FIFRA.
3.17.	Failure to provide the information required by ¶ 3.11, ¶ 3.18 and/or ¶ 3.19 within 60 days from the date the first Notice of Lack of Compliance is printed, shall be considered an incomplete application and no registration or renewal of a registration for the pesticide product shall be issued.
3.18.	Each applicant for a registration shall submit a signed, complete, accurate, and legible application, including: the form provided by the commissioner; the application fee set by the commissioner; unless provided on the application form, a list of each inert ingredient and its percentage when requested by the Commissioner; and a final printed label and labeling as it appears on the pesticide product in the marketplace.
3.19.	Registration expiration and renewal:
(a)	All pesticide registrations shall expire on December 31 of each year.
(b)	Each applicant for renewal of a registration shall submit, prior to expiration on December 31, a signed, complete, accurate, and legible application, including: the form provided by the commissioner and the application fee set by the commissioner.
3.20.	Repealed.
3.21.	Repealed.
3.22.	Repealed.
3.23.	Repealed.
3.24.	Repealed.
Part 4.	Label requirements.
4.1.	All pesticides except those pesticide products determined to be exempt from registration pursuant to § 35-9-106(2), C.R.S. (incorporated by reference herein, later amendments not included), and Part 3.1, that are distributed or registered in Colorado must have a label which conforms to this Part 4.
4.2.	These rules incorporate by reference rules of the Environmental Protection Agency, United States of America 40 C.F.R. §156 (2009) (later amendments not included) concerning labeling requirements and the rules of the Environmental Protection Agency, United States of America 40 C.F.R. §152.25(f) (2009) (later amendments not included) concerning minimum risk pesticides.
(a)	Labels and labeling for pesticide products must comply with all of the labeling requirements of 40 C.F.R. §156 (2009), as incorporated above, unless exempted from federal registration pursuant to 40 C.F.R. §152.25(f) (2009), as incorporated above.
(b)	Labels and labeling for pesticide products exempted from federal registration pursuant to 40 C.F.R. §152.25(f) (2009), as incorporated above shall:
(1)	comply with 40 C.F.R. §152.25(f)(3) (2009), as incorporated above; and
(2)	comply with all provisions of the act and these rules except § 35-9-120(1)(g)(ii), C.R.S. (incorporated by reference herein, later amendments not included), and parts 6.1(i) and 6.1(j) of these rules.
4.3.	This rule does not include later amendments to or editions of the incorporated material.
4.4.	Repealed.
4.5.	Repealed.
Part 5.	Coloration and discoloration.
5.1.	These rules incorporate rules of the Environmental Protection Agency, United States of America 40 C.F.R.§ §153.140 through 153.155 (2009) (incorporated by reference herein, later amendments not included).
5.2.	This rule does not include later amendments to or editions of the incorporated material.
5.3.	Repealed.
Part 7.	Refusal or cancellation of registration.
Any of the following causes is sufficient to justify refusal or cancellation of registration of a product:
7.1.	If it is determined that the pesticide product will not perform its intended function;
7.2.	If the labeling bears any statement, design, or graphic representation relative thereto, or to its ingredients, which is false or misleading in any particular;
7.3.	If found to be an imitation of or illegally offered for sale under the name of another pesticide or pesticide product;
7.4.	If the labeling accompanying the pesticide product does not contain directions for use which are necessary, and if complied with, adequate for the protection of the public under customary conditions of use;
7.5.	If the label does not contain the required warning or precautionary statements;
7.6.	If the label does not bear an ingredient statement as required;
7.7.	If any word, statement, or other information required to appear on the label or labeling is omitted or not prominently placed thereon and in such terms as to render it likely to be read and understood under customary conditions of purchase and use;
7.8.	If a pesticide product does not warrant the proposed claims for it, or if the pesticide or pesticide product and its labeling and other material required to be submitted, do not comply with the act or these rules;
7.9.	If it is determined that, when used in accordance with label directions or in accordance with commonly recognized standards of practice, the pesticide product will generally cause, or is likely to cause if the pesticide or pesticide product is registered, unreasonable adverse effects on the environment including, without limitation, groundwater, vegetation (except the target pest) to which it is applied, living man or other useful vertebrate animals, and the person applying such pesticide or pesticide product; or
7.10.	If the registrant has been guilty of fraudulent and deceptive practices in the evasions or attempted evasions of the provisions of this act or any rules and regulations promulgated thereunder; provided, that no registration shall be revoked or refused until the registrant shall have been given an opportunity for a hearing by the commissioner.
Part 10.	Distribution.
10.1.	No person or business shall distribute any of the following:
(a)	Any pesticide product which does not conform to its purported standard of quality.
(b)	Any pesticide product except in the manufacturer's or registrant's original unbroken package, except for bulk, and there is affixed to such container a registered label.
(c)	Any pesticide product which is not labeled, or on which the label is illegible in any respect.
(d)	Any pesticide product on which the caps, lids, or other sealing devices on the container are not tight or secure. Defective, unsound or broken containers shall not be placed on display, sold, offered for sale or transported.
(e)	Bags containing granular ready-to-use pesticides (including ready-to-use combinations of pesticide and fertilizer ingredients) shall not be considered broken if they are repaired in accordance with the following criteria.
i.	Any repairs to a broken bag must be sufficient to return the bag to its original condition of soundness such that no leakage can occur when the bag is subjected to normal handling.
ii.	No repair may be made to a broken bag if the damage measures more than 3 inches in any dimension.
iii.	All words, numbers, and warning symbols on the product bag must be legible and not obscured by the repair in any way.
(f)	Any pesticide product which is misbranded or adulterated.
(g)	Any pesticide product which has not been registered in accordance with the provisions of the Act.
(h)	Any pesticide product in a refillable container for which the pesticide residue removal procedure was not conducted in accordance with Part 15 of these Rules.
10.2.	Failure of any person or business to cease distributing any pesticide or pesticide product or device on which a written or printed cease and desist order has been issued in accordance with the Act shall be sufficient reason for the department to enjoin said distribution.
10.3.	Any pesticide that spills from a broken container in any area where a product is stored or displayed for sale must be cleaned up immediately and disposed of according to all applicable laws and regulations.
Part 11.	Dealer licensing.
11.1.	The Dealer Licensing System.
(a)	Any person who distributes any restricted use pesticide to any other person must possess a valid pesticide dealer license.
(b)	Each separate business location, including branch offices, and each separate business name must have a separate pesticide dealer license.
(c)	Each applicant for a pesticide dealer license shall make application to the commissioner. Said application shall be on a form furnished by the Commissioner and shall be accompanied by payment of an application fee of $50.00.
(d)	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 on a form furnished by the	Commissioner	 and shall be accompanied by payment of a $50.00 renewal fee.
(e)	Licenses expire on January 1st of each year and must be renewed on an annual basis.
(f)	Applicants for renewal of a pesticide dealer license whose applications are received after the first working day of January but received on or before February 1st must pay a penalty fee of 10%. 
(g)	No pesticide dealer license can be renewed until the entire fee is paid.
(h)	If the application for renewal is not received on or before February 1, of the year following the year of licensure, the license will not be renewed and the dealer must apply for a new license.
(i)	Any dealer distributing restricted use pesticides after the expiration date of their license and prior to their renewal or new license application acceptance date will be in violation of § 35-9-120(1)(f), C.R.S. (incorporated by reference herein, later amendments not included), and subject to civil penalties authorized under § 35-9-124, C.R.S. (incorporated by reference herein, later amendments not included).
11.2.	Recordkeeping requirements for state and federal restricted use pesticides shall be as required by ¶ 13.3.
Part 12.	Emergency exemptions.
The following general conditions are set in order to comply with provisions of exemptions which may be issued under Section 18 of the FIFRA (incorporated by reference herein, later amendments not included) for the use of pesticides in emergency situations. However, in addition, due to the highly unique and special nature of each exemption, each exemption shall have its own specific conditions.
12.1.	Any Section 18 pesticide product must be registered in Colorado. If a Section 18 pesticide product is registered in Colorado, no further registration is required.
12.2.	Definition and construction of terms. As used in this part, unless the context otherwise requires:
(a)	“Authorization” means that document prepared by EPA and delivered to the Department by EPA stating the compound, the use and conditions for use under which approval for the Section 18 emergency exemption was granted.
(b)	“Commercial applicator”	means persons licensed by the state of Colorado as commercial applicators pursuant to §§ 35-10-101 to 128, C.R.S. (incorporated by reference herein, later amendments not included).
(c)	“Permit” means a permit granted by the Department to persons for the sale or use of pesticides granted emergency exemption status under Section 18 of the FIFRA.
(d)	“Section 18” means any exemption from registration under the authority of Section 18 of the FIFRA, and any rules or regulations thereto.
(e)	“Section 18 pesticide” means any pesticide designated by the Commissioner for use in any Section 18 exemption.
12.3.	Any pesticide compound determined to be a Section 18 pesticide shall maintain that status for the duration of the Section 18 authorization.
12.4.	Permit Required.
(a)	All persons wishing to sell, purchase, and/or use a Section 18 pesticide shall obtain a permit for such sale, purchase, and/or use from the Department of Agriculture prior to any such sale, purchase, and/or use. The Department may waive such requirement if such a permit is not included in the Section 18 authorization.
(b)	In the event a permit is not required by a Section 18 authorization any and all individuals wishing to sell, purchase, and/or use a Section 18 pesticide shall be bound by all conditions and restrictions as set forth by the commissioner, in the Section 18 authorization, and on the product label.
(c)	Permits shall be requested by the submission of an application in the form prescribed by the Department.
(1)	There shall be no charge for the issuance of a permit by the Department.
(2)	Permits for the purchase and/or use of a Section 18 pesticide shall only be issued to:
i)	Persons licensed, registered, or certified	 by the Commissioner pursuant to §§ 35-10-101 to 128, C.R.S. (incorporated by reference herein, later amendments not included) and;
ii)	Private	applicators certified by the United States Environmental Protection Agency, Region VIII, Denver, Colorado to use federal restricted use pesticides.
(3)	Permits to sell a Section 18 pesticide shall only be issued to those persons who are dealers licensed pursuant to the Act.
(d)	All permits shall be subject to the conditions specified and any and all conditions or restrictions which may appear on the approved product label or labeling.
(e)	The permit shall authorize the sale or purchase and/or use of the pesticide product or products indicated in the Section 18 authorization. The sale or use of any other product containing the identical active ingredient(s) for control of the specified pest under the provisions of this permit is expressly prohibited.
(f)	The Department may suspend or revoke any and all permits issued under these rules in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act.
(g)	Any permit issued under these rules may be suspended immediately if there is sufficient evidence to show the Section 18 pesticide was sold or used in violation of the conditions of the permit and/or in a manner so as to present an unreasonable hazard to man, any other species, the environment or public or personal property.
(h)	Each permittee shall be furnished with a copy of the actual EPA Section 18 authorization by the Department.
12.5.	Conditions of the Permit. The following conditions shall be placed upon the sale, purchase, and use of a Section 18 pesticide under the permits issued.
(a)	Each Section 18 pesticide shall be subject to all specific restrictions and conditions as may be stated by the commissioner and in the Section 18 authorization from the EPA to the Department and all permittees must abide by these conditions.
(b)	No applications shall be performed in any area until the Department has determined that area to meet the qualifications for treatment as specified by the commissioner and in the Section 18 authorization.
(c)	No field or other site shall be treated unless it has been determined by the permittee or his representative that it fulfills each and all specific qualifications for treatment as specified by the commissioner and in the Section 18 authorization.
(d)	Under no circumstances shall applications be performed in any area to any site other than those specifically authorized by the commissioner and in compliance with the Section 18 authorization.
(e)	The Colorado Department of Agriculture must be notified in writing by the permittee within twenty-four (24) hours of knowledge of any adverse effects on man, any other species, the environment or public or personal property which result from the application of a Section 18 pesticide under any permit issued under the provisions of these rules.
(f)	All permittees shall keep records as required by the permit and must make such records available to the Department on request at any reasonable hour.
(g)	All permittees shall submit such report(s) as required by the permit.
(h)	All commercial applicators licensed pursuant to §§ 35-10-101 to 128, C.R.S. (incorporated by reference herein, later amendments not included) who are issued a permit under the provisions of these rules shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals, or feeding restrictions; and any other pertinent precautionary information as specified by the commissioner, the Section 18 authorization to the Department, and the label. All such notification shall be in writing or be a copy of approved required labeling unless exempted by the Department and shall be in a timely manner or within such time period as may be specified by the commissioner and in the Section 18 authorization so as to permit the customer to adequately comply with all restrictions and prohibitions.
(i)	Persons permitted to apply, or applying, as the case may be, a Section 18 pesticide under these rules shall not be construed to be pesticide dealers provided they do not engage in the resale for use of any Section 18 pesticide.
(j)	The sale of any Section 18 pesticide for the purpose for which the Section 18 authorization was granted to any individual who does not meet the qualifications established by the commissioner and of the Section 18 authorization as required is strictly prohibited. Violation of this provision will be deemed a violation of the regulations and Act, and may result in further administrative actions against the dealer or permittee or immediate suspension of the dealer permit.
12.6.	Responsibilities of All Users and/or Dealers.
(a)	Nothing herein shall be construed as abrogating applicator responsibility under the FIFRA or the Colorado Pesticide Applicators' Act, or as abrogating dealer responsibility under the FIFRA or the Colorado Pesticide Act.
(b)	 If the permit required has been waived, then no application, use, or sale shall be contrary to the requirements of the commissioner, the Section 18 authorization, or the product's label.
(c)	Storage and disposal of a Section 18 pesticide shall be in accordance with all provisions of the commissioner, of the Section 18 authorization, the product's label, and all state and federal hazardous waste laws.
(d)	All applications and sales shall be in accordance with all provisions established by the commissioner and of the Section 18 authorization.
(e)	All commercial applicators shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals; or feeding restrictions; and any other pertinent precautionary information as specified by the commissioner, in the Section 18 authorization to the Department, and on the label. All such notification shall be in writing or by copy of approved required labeling unless exempted by the Department.
(f)	Any supplemental label or labeling for the use of a Section 18 pesticide must accompany the sale for use of such product(s).
(g)	The Department may suspend the authorized sale or use of a Section 18 pesticide in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment, or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act.
Part 13.	Restricted use pesticides.
13.1.	Pesticides containing the following active ingredients when used as herbicides are hereby declared to be state restricted use pesticides that may be distributed only to licensed dealers, licensed applicators, or their authorized agents. State restricted use pesticides shall not be distributed to any applicator who is not licensed in the appropriate category to apply that pesticide.
(a)	Bromacil
(b)	Diuron
(c)	Monuron
(d)	Prometon
(e)	Sodium chlorate
(f)	Tebuthiuron
(g)	Sodium metaborate
13.2.	Federal restricted use pesticides may be distributed only to licensed dealers, licensed applicators, or their authorized agents. Federal restricted use pesticides shall not be distributed to any applicator who is not licensed in the appropriate category to apply that pesticide.
13.3.	Every pesticide dealer shall maintain at each licensed dealership location records of all transactions in which a state or federal restricted use pesticide is distributed by that dealership to any person. Records of each such transaction must be maintained for a period of 24 months after the date of the transaction, and must include the following information:
(a)	The name of the licensed applicator, to whom the pesticide was distributed, and the name and address of his or her principle place of business.
(b)	Either:
(1)	The certification number on the document evidencing that person's certification, the State (or other governmental unit) that issued the document, the expiration date of the certification, and the appropriate categories in which the applicator is certified; or
(2)	The pesticide dealer license number, if sold to another dealer.
(c)	The product name, EPA registration number, and the Colorado special local need registration number, granted under section 24(c) of the FIFRA (incorporated by reference herein, later amendments not included) (if any) on the label of the pesticide;
(d)	The quantity of the pesticide distributed in the transaction; and
(e)	The date of the transaction.
(f)	Restricted use pesticides may be distributed to a licensed applicator via an unlicensed person authorized by the licensed applicator to act as his or her agent for that purpose. If distribution is made through such an agent, the dealer records must also include:
(1)	The name and current address of the authorized agent through which such distribution was made;
(2)	A record of the applicator’s license showing the categories of licensure.
(3)	A signed statement from the licensed applicator authorizing the agent to receive delivery of restricted use pesticides on behalf of that applicator.
Part 15.	Pesticide refiller residue removal requirements.
15.1.	Records. Refillers must maintain, at the refilling establishment, the registrant’s written refilling residue removal procedure for each pesticide product distributed in refillable containers. These records must be maintained for the current operating year and for 3 years after that.
15.2.	Refillers must clean each refillable container by conducting the pesticide product’s refilling residue removal procedure before repackaging the pesticide product into the refillable container, unless the conditions in paragraph (a) of this section and either paragraph (b) or (c) of this section are satisfied:
(a)	If required, each tamper-evident device and one-way valve is intact.
(b)	The refillable container is being refilled with the same pesticide product.
(c)	Both of the following conditions are satisfied.
(i)	The container previously held a pesticide product with a single active ingredient and is being used to repackage a pesticide product with the same single active ingredient.
(ii)	There is no change that would cause the composition of the product being repackaged to differ from the composition described in its confidential statement of formula that is required under FIFRA section 3 (incorporated by reference herein, later amendments not included). Examples of unallowable changes include the active ingredient concentration increasing or decreasing beyond the limits established by the confidential statement of formula or a reaction or interaction between the pesticide product being repackaged and the residue remaining in the container.
15.3	Refillers must clean a refillable container that has a broken (non-intact) tamper-evident device or one-way valve as required in part 15.2 of this section. Refillers must clean each refillable container that has a tamper-evident device or one-way valve that is not intact by conducting the pesticide product’s refilling residue removal procedure before repackaging the pesticide product into the refillable container.
15.4	This part 15 shall become effective August 16, 2011.
Part 16. – 18.	Reserved
Part 19.	Materials Incorporated By Reference
19.1	Certified copies of material incorporated by reference in these rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Pesticide Section Chief, Department of Agriculture, 700 Kipling Street Ste. 4000, Lakewood, Colorado 80215-8000. Further, the incorporated material may be examined at no cost on the internet at:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl
or
http://agriculture.senate.gov/Legislation/Compilations/Fifra/FIFRA.pdf
or
http://www.colorado.gov/cs/Satellite?c=Page&cid=1167928355745&pagename=Agriculture-Main%2FCDAGLayout
or
http://www.fda.gov/RegulatoryInformation/Legislation/FederalFoodDrugandCosmeticActFDCAct/FDCActChaptersIandIIShortTitleandDefinitions/ucm086297.htm
Please contact the Department for assistance if you have difficulty in accessing any of these websites.
Part 20.	Statements of Basis, Specific Statutory Authority, and Purpose
Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1968 through 1992 are no longer in the Departments files and are presumably in the state archives.
20.12	Adopted October 21, 2010 – Effective November 30, 2010.
Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Pesticide Act ("Act"), specifically §§ 35-9-118(2)(f), (g), (h) and (i), C.R.S.; § 35-9-117, C. R.S.; and § 35-9-117.5, C.R.S.
Purpose
The purpose of these proposed rules is to:
 1)	Create new Parts 3.1(a) & (b), The Registration System, to conform with new statutory provisions in regards to exempting pesticides consistent with the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA").
2)	Repeal duplicative provision in Part 3.5.
3)	Parts 3.10, 3.11, 3.12, 3.15, 3.18 and 3.19 are amended to update registration requirements, clearly reflect current business procedures and set registration expiration and renewal dates in Rule.
4)	Repeal outdated business procedures, Parts 3.20 through 3.24.
5)	Amend Parts 4.1 and 4.2 to reflect new statutory provision that allows CDA to exempt certain pesticides and update references to 40 C.F.R.
6)	Create a new Part 11.1(i) to clearly state it is a violation for a dealer to sell an RUP after the expiration date and prior to the renewal of its dealer license.
7)	Create a new Part 15. Part 15.1 creates recordkeeping requirements for pesticide refillers. Part 15.2 creates cleaning guidelines for refillable containers. Part 15.3 creates cleaning requirements when tamper-evident devices or one-way valves are not intact. Create a new Part 10.1(h) to prohibit distribution of a pesticide product in a container that has not had the residue removal procedure performed.
8)	Update application submission language, address information, references to 40 C.F.R. and references to pesticide products through the rules.
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include: 
1.	S.B. 10-034 changed the Act to permit the Commissioner to exempt certain pesticides from registration consistent with FIFRA. Part 3.1(a) reiterates the statutory provision that CDA may exempt products in accordance with FIFRA. Part 3.1(b) specifies certain products that are not exempt from registration in Colorado. CDA will exempt certain pesticides from registration through policy.
2.	Part 3.5 is being repealed consistent with the recent repeal of the provisions in the pesticide act that specified collection of a penalty fee from registrants upon registration of a product that had previously been found unregistered in the marketplace.
3.	Parts 3.10, 3.11, 3.12, 3.15, 3.18 and 3.19 are amended to update outdated language in the registration requirements, to clearly reflect current business procedures and set registration expiration and renewal dates in Rule as allowed now by S.B. 10-034. The ability to change renewal dates in Rule will allow CDA to stagger registration renewal dates and spread the work load of processing 11,000+ registration renewals if CDA chooses to in the future.
4.	Parts 3.20 through 3.24 are business procedures that were placed in Rule in 1996 due to a back log of registration requests and complaints from industry. CDA has since modified procedures and registration processes to avoid backlogs. Repeal of these provisions will allow these processes to be more efficiently addressed through CDA’s business procedures and policies.
5.	All pesticides registered in Colorado must have labeling that conforms to provisions outlined under 40 C.F.R. § Part 156, which describes what elements must be on a pesticide label such as ingredient statements, net weight, EPA registration number, etc. The existing language in Part 4.1 requires all pesticides to meet these labeling requirements except liquid chemical sterilants. The amendment to Part 4.1 now addresses the additional authority provided as a result of S.B. 10-034 to exempt certain pesticides from registration by clarifying that those pesticides are exempt from the labeling requirements in Part 4.2. Part 4.2 was amended to update references to 40 C.F.R. that detail labeling requirements for pesticides required to registered in Colorado pursuant to Part 3.1 or the Pesticide Act.
6.	Pesticide dealer licenses expire on December 31 of each year. CDA has found during records inspections that the some dealers continue to sell RUPs during the time period that their license was expired and prior to their renewal or a new application being submitted. The creation of a new Part 11.1(i) will clearly state that it is a violation, subject to civil penalties, for a dealer to sell an RUP after the expiration date and prior to the renewal or new application for a dealer license.
7.	Section 19(f), Residue Removal Requirements, of FIFRA requires that states must have the authority to ensure pesticide refillers comply with the residue removal requirements. CDA historically has only had the authority to regulate registered pesticides from the distribution point forward and had no authority to regulate producer establishment or refiller establishment activities. S.B. 10-034 amended the Pesticide Act to provide CDA the authority to regulate producer establishments for the purpose of enforcing and ensuring compliance with the federal pesticide residue removal requirements. A new Part 15 was created to conform to the statutory provisions that require pesticide refillers to maintain records and clean refillable containers prior to distribution.
A new Part 10.1(h) was created to prohibit distribution of a pesticide product in a container that has not had the residue removal procedure performed. Part 10.1(h) will make it a violation to distribute a product if the pesticide residue removal procedures have not been conducted in accordance with Part 15 of the Rule.
8.	Throughout the Pesticide Act CDA is updating application submission language, such as applications must be “postmarked”, to remove impediments for future electronic submissions; updates to CDA’s address, references to 40 C.F.R. and references to pesticide products to ensure the Pesticide Act clearly reflects CDA’s current business practices and maintains consistent language throughout the Act.