Colorado Department of Agriculture
Plant Industry Division
Administration and Enforcement of the Pesticide Act
8 CCR 1203-1
Part 3.	The registration system.
3.1.	Every pesticide product which is distributed in this state must be registered with the commissioner.	 
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	Repealed.	 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 $95.00 $165.00.	 
3.5.	The penalty fee for distribution of an unregistered pesticide product shall be $100.00. Such penalty fee shall be paid to the commissioner in addition to any registration fee required by the Pesticide Act or these rules and regulations.
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 products registered by said registrant.
3.10.	Applications and correspondence relating to registration should be mailed or hand-delivered to:
Colorado Department of Agriculture Division of Plant Industry 700 Kipling St, Suite 4000	 Lakewood, CO	80215-5894
3.11.	At any time the Commissioner, under the authority of the Act, may request 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 Certificate of Registration is issued.
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, 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; and a final printed label as it appears on the pesticide product in the marketplace.
3.19.	Each applicant for renewal of a registration shall submit a signed, complete, accurate, and legible application, including: the form provided by the commissioner and the application fee set by the commissioner.
3.20.	If an applicant submits an overpayment for all the pesticide products intended to be registered or renewed, a refund may be obtained pursuant to	§ 24-30-203, C.R.S.
3.21.	If an applicant submits an underpayment for all the pesticide products intended to be registered or renewed, the following procedure shall be followed in determining which product(s) shall be registered:
(a)	Until the funds submitted are used, pesticide products which have been placed under Cease and Desist Order will be registered in the order received by the Pesticide Section of the Colorado Department of Agriculture before registration of other pesticide products;
(b)	Until the funds submitted are used, the remaining pesticide products will be registered in the order received by the Pesticide Section of the Colorado Department of Agriculture;
(c)	If an overpayment exists insufficient to pay for the registration of the next pesticide product intended to be registered or renewed, a refund may be obtained pursuant to § 24-30-203, C.R.S.
3.22.	If an applicant submits one payment for multiple registrants, pesticide products will be registered pursuant to ¶¶ 3.20 and 3.21 for the registrants in the sequence of registrants received by the Pesticide Section of the Colorado Department of Agriculture.
3.23.	If an applicant fails to submit any payment with the application, no review of the application will take place.
3.24.	If an applicant submits a full or partial payment with the application, a full review of the application will take place.
Part 20.	Statements of Basis, Specific Statutory Authority, and Purpose
20.11	Adopted July 16, 2009 – Effective August 30, 2009.
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 (the "Act"), §§ 35-9-107(2), and 35-9-118(3)(a) and (b) C.R.S. 
Purpose
The purpose of this proposed rule amendment is to amend Rule 3.4 to increase the annual pesticide registration fee from $95 to $165. 
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include: 
1.	Under 35-9-118(3)(a) the Commissioner has the authority to promulgate Rules to determine the annual registration fee for each pesticide registered in the state of Colorado. 
2.	On January 1, 2007, the CDA obtained primacy over all private applicators.  
3.	CDA’s budget projections for the private applicator program took into account the initiation of the program prior to any revenue generation, projected expenses to administer the program and projected revenue from private applicator licensing over a 4 year period.  Budget projections showed an annual revenue shortfall of $250,000.  To account for this shortfall CDA combined all pesticide cash funds and subsidized the private applicator expenses through a surplus in the pesticide registration fund. This was done to maintain private applicator examination and licensure fees at less than $100. 
4.	The pesticide applicator program, which licenses commercial applicators, has not raised its fees to cover rising costs since 1994, when business licensure fees were increased to $350, and 2003, when examination licensure fees were increased to $100.  Expenses in the pesticide applicator program have outpaced revenues in 2007 and 2008 by an average of $80,000.  These shortfalls have been covered by the pesticide registration fund and EPA grant funds. 
5.	In 2007 the pesticide registration fund balance was $670,517.  In FY 07 and FY 08 the private applicator program and the commercial pesticide applicator program operated at an average loss of $251,000. In FY 2009 the pesticide program is projected to be at a $250,000+ loss, depleting the remaining pesticide registration funds at the end of FY 2009. 
6.	In 2009 and 2010 the administration of the private applicator exam and the commercial applicator exam will be shared between a private company, Metro Institute, Colorado State University and CDA. This is being done to allow private applicators to take their examination on-line and allow proctored computer based examinations with CSU and CDA. This will provide an easier, more accessible and improved testing environment for the applicator community; however, it will increase CDA’s program expenses to maintain the examination software and hardware and result in a loss in revenue with each examination administered by Metro Institutes or CSU.  
7.	The current registration fee is set in the Pesticide Act Rules, Part 3.4, which is currently $95.  The CDA registers an average of 11,000 pesticide products per year. 
8.	The CDA is proposing a fee increase of $70, making the new registration fee $165.  The fee increase will generate, based on average registration renewals, an additional $770,000 in revenue.   This will cover all projected expenses, allow the CDA to resolve the deficit created in FY 2010, rebuild its fund balance, cover increases in expenditures and allow program growth in future years without having to increase pesticide applicator licensure fees. 
9.	Under 35-10-118(3)(a) any fee collected under the pesticide registration program shall have an increment approved by the Agricultural Commission to fund the Groundwater Protection Program.  Currently the Groundwater increment is set at $30.  In conjunction with this rulemaking, CDA plans to ask the Agricultural Commission to approve an increase in the increment from $30 to $40 dollars.  This will bring an additional $110,000 to the Groundwater Program to cover increased program expenses and allow for growth in future years.  
10.	Twenty-one states have pesticide registration fees that exceed $165 per product, the highest being $750 per product; ranking Colorado twenty-second in comparison to the nation.