Colorado Department of Agriculture
Plant Industry Division
Rules and Regulations Pertaining to the Administration and Enforcement of the Pesticide Applicators’ Act
8 CCR 1203-2
General Authority: C.R.S. 35-10-118(2)
Specific Authority: C.R.S. 35-10-118(2) (a), (b), and (c), (5) and (9)
Part 2.	The Licensing System.
Subpart A	Commercial Applicators
2.1.	A person engaged in the business of applying pesticides must be licensed as a commercial applicator under the Act. To be licensed or to renew a license as a commercial applicator, any designated qualified supervisor(s) must be licensed in good standing in the category for which a commercial applicator's license is sought.
2.2.	A person not engaged in the business of applying pesticides is not required to be licensed as a commercial applicator under the Act. For example, a person who evaluates and/or recommends pest controls while not engaging in the business of applying pesticides or working for a person who engages in the business of applying pesticides is not required to be licensed under the Act.
2.3.	Each applicant for a license shall submit a signed, complete, accurate, and legible application, on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name under which the business will operate (the doing business as name), the name of the person who is the primary contact, the address and telephone number of the location where the applicator records are to be kept, the name and identification numbers of all qualified supervisors employed or designated by the business, and any other information required on the form.
2.4.	In addition to the form approved by the Commissioner, each applicant for a license or applicant for renewal of a license, shall submit the license fee set by the Commissioner. If the license fee does not accompany the application, the application for license or renewal of a license may be denied.
2.5.	Each person applying as a corporation or other entity, shall submit a certificate of good standing from the Secretary of State.
2.5.5.	Each individual or sole proprietorship that applies for a license must provide all information and documents required by the Commissioner to verify lawful presence in the United States pursuant to Section 24-76.5-103, C.R.S. Failure to provide all such information and documents in the manner specified by the Commissioner shall be grounds for denial of an application for a license or renewal of an existing license. 
2.6.	Each applicant shall submit to the Commissioner the name under which the business will operate. If the licensee operates under more than one name, each such name shall be listed with the Commissioner.
2.7.	Beginning with license year 1994, the annual license fee for commercial applicators shall be $350.00.
2.8.	Each applicant for renewal of a license shall annually submit a signed, complete, accurate, and legible application on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name of the person who is the primary contact, the address and telephone number of the location where the applicator records are to be kept, the name and identification numbers of all qualified supervisors employed by the business, and any other information required on the form.
2.9.	Each applicant for a license shall file evidence of liability insurance on forms provided by the Commissioner.
2.10.	Each applicant for renewal of a license in all categories, shall have on file at the time of submission of an application for renewal of a license evidence of liability insurance which is in force at the time of application.
2.11.	Each commercial applicator shall have on file with the Commissioner evidence of liability insurance on forms provided by the Commissioner at the time any pesticide application is performed.
2.12.	Adequate Supervision:
a)	A licensee must have at least one qualified supervisor for every fifteen (15) technicians, of which no more than eight (8) may be unlicensed technicians. For purposes of the provision, the term “unlicensed technician” means a technician who does not have a certified operator license
b)	A responsible qualified supervisor must be available while any technician under their supervision is using a pesticide. For purposes of this provision, the term “available” means able to communicate verbally with the technician and the department and to respond appropriately to any emergency.
2.13.	A commercial applicator who conducts such business at two or more business locations shall obtain a license for each location at which it employs one or more permanent employees engaged in the application of pesticides for hire. For purposes of this paragraph, “business locations” means any physical location at or through which the functional operations of business regularly occur, including, but not limited to, financial transactions, arrangement of contracts, or assignment of work, and excluding buildings or locations used solely for storage of equipment or supplies or telephone answering services.
2.14.	A commercial applicator may not apply pesticides aerially without an endorsement on its license by the Commissioner permitting such applications. In order to obtain such endorsement, the applicant or licensee shall present evidence that at least one pilot employed or to be employed by said applicant, currently holds a commercial agricultural aircraft operator certificate issued by the Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14 CFR, part 137. If the employment of said pilot or pilots is terminated for any reason, the Licensee shall immediately cease aerial application of pesticides unless and until it is in compliance with this rule.
2.15.	A business not engaged in the business of applying pesticides for hire, and not licensed under the Act, may enter into a contract which incidentally requires one or more pesticide applications. Examples of such contracts, but not by way of limitation, are maintenance and paving contracts. If such business hires a licensed commercial applicator to perform the pesticide application as a subcontractor, then the primary contractor need not itself be licensed under the Act. If the primary contractor does not hire a licensed commercial applicator to perform such applications, then the primary contractor must obtain a license prior to entering into the primary contract. The absence of a written provision in the contract which states that the contractor will subcontract with a licensed commercial applicator, to perform the pesticide application(s) called for in the contract, shall be evidence that the contractor itself intends to perform the applications.
2.16.	A commercial applicator not licensed in a category (“contractor”) may enter into a contract with a customer to perform pesticide applications in said category if the contractor intends to subcontract with a commercial applicator licensed in said category (“subcontractor”) to perform the pesticide application in that category. In this case, the subcontractor shall be responsible for all aspects of the application. If the contractor hires the subcontractor to perform the pesticide application, then the contractor need not itself be licensed in the category. If the contractor does not hire a subcontractor to perform such applications, then the contractor must obtain a license in said category prior to entering into any contract with a customer for any pesticide application in said category. The absence of a written provision in the contract with the customer which states that the contractor will subcontract with a subcontractor licensed to perform the pesticide application(s) called for in the contract, shall be evidence that the contractor itself intends to perform the applications.
2.17.	A commercial applicator licensed in a category (“contractor”) may enter into a contract with a customer to perform pesticide applications in said category. The contractor may subcontract with another commercial applicator licensed in the same category (“subcontractor”) to perform the pesticide application under the primary contract. In this case, both the contractor and subcontractor shall be responsible for all aspects of the application. For example and not by way of limitation: both applicators are required to keep records of the application; both applicators are responsible for any notification required under the act or these rules; and both applicators are responsible for the proper application of any pesticides.
Subpart B	Registered Limited Commercial Applicators and Registered Public Applicators
2.18.	Any person who in the course of conducting a business only in or on property owned or leased by the person or the person's employer (“limited commercial applicator”) is engaged in applying restricted use pesticides, and any agency of the state, any county, city and county, or municipality, or any other local governmental entity or political subdivision (“public applicator”) which applies restricted use pesticides shall register with the Commissioner.
2.19.	An entity which does not apply restricted use pesticides but otherwise qualifies as a limited commercial applicator or a public applicator may register with the Commissioner.
2.20.	A limited commercial applicator or public applicator which exclusively applies general use pesticides is not required to register with the Commissioner unless they have so designated in accordance with § 2.19.
2.21.	Any limited commercial applicator or public applicator registered pursuant to the Act and these rules shall be governed by the Act and these rules for all pesticide applications including those involving general use pesticides.
2.22.	The limited commercial applicator or public applicator shall designate on its application one or more individuals, who are or will be employed by it in the capacity of qualified supervisor, to take the examination for each category and subcategory for which the registration is sought.
2.23.	To be registered as a limited commercial applicator or public applicator, the designated qualified supervisor must be licensed in good standing and must meet all qualifications including, but not limited to, the experience and/or educational qualifications set forth in these rules for each of the categories in which he or she will take the examination. For purposes of this section, the term “good standing” includes but is not limited to, the fact that the qualified supervisor's license has not expired pursuant to § 35-10-116 (1), C.R.S.
2.24.	Each applicant for a registration shall submit a signed, complete, accurate, and legible application, on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the applicant, the name of the person who is the primary contact, the address and telephone number of the location where the applicator records are to be kept, the name and identification numbers of all qualified supervisors employed by the applicant, and any other information required on the form.
2.25.	In addition to the form approved by the Commissioner, each applicant for registration, shall submit the registration fee set by the Commissioner. If the registration fee does not accompany the application, the application for registration may be denied.
2.26.	Each person applying as a corporation or other entity, shall submit a certificate of good standing from the Secretary of State.
2.27.	The registration required pursuant to the Act shall expire on December 31 of the same year the registration is granted.
2.28.	A registered limited commercial applicator or a registered public applicator may not apply pesticides aerially without an endorsement on its registration by the Commissioner permitting such applications. In order to obtain such endorsement, the limited commercial applicator or a public applicator shall present evidence that at least one pilot employed or to be employed by said limited commercial applicator or a public applicator, currently holds a commercial agricultural aircraft operator certificate issued by the Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14 CFR, part 137. If the employment of said pilot or pilots is terminated for any reason, the limited commercial applicator or a public applicator shall immediately cease aerial application of pesticides unless and until it is in compliance with this rule.
2.29.	A limited commercial entity or a public entity may designate separate sections, divisions, agencies, or their equivalent to be registered.
2.30.	Adequate Supervision: 
a)	A registered limited commercial applicator or a registered public applicator must have at least one qualified supervisor for every fifteen (15) technicians, of which no more than eight (8) may be unlicensed technicians. For purposes of the provision, the term “unlicensed technician” means a technician who does not have a certified operator license. 
b)	A responsible qualified supervisor must be available while any technician under their supervision is using a pesticide. For purposes of this provision, the term “available” means able to communicate verbally with the technician and the department and to respond appropriately to any emergency.
2.31.	If before the expiration of a registration, a registered limited commercial applicator or registered public applicator wants to withdraw registration, said applicator may withdraw from registration. Notice of withdrawal must be in writing and is not effective until 10 days from receipt by the Commissioner. If before the original expiration of a registration the applicator wants to be registered, the applicator must submit a new application and submit a new registration fee.
Subpart C	Qualified supervisors and certified operators
2.32.	A person working for a person who is or should be licensed as a commercial applicator, registered limited commercial applicator, or registered public applicator and who without supervision, evaluates pest problems, or recommends pest controls using pesticides, or uses any pesticide, or sells application services, or supervises others in any of these functions must be licensed as a qualified supervisor.
2.33.	A person who applies any restricted use pesticide without the on site supervision of a qualified supervisor must be licensed as a certified operator.
2.34.	Each qualified supervisor and certified operator applying for a license or the renewal of a license shall complete and file with the Commissioner an application, prior to the date of expiration of any current license on a form furnished by the Commissioner, and which contains, at a minimum, the following: the applicant's identification number, if any, his or her name, the name, address, telephone number, and license or registration number of his or her employer, if any, and any other information required on the form.
2.35.	The Commissioner may require verification of any fact, including but not limited to, any experience or education claimed on any application, and may investigate the truthfulness and accuracy of any and all information submitted by an applicant.
2.36.	Upon a showing of exceptional circumstances by an applicant, the Commissioner may waive part of the experience requirements specified in these rules. The Commissioner may accept, with sufficient verification, valid relevant field experience obtained in this state or any other state.
2.37.	Each applicant for license as a qualified supervisor or certified operator, shall take and pass a general examination and any examinations required for the category for which the applicant has applied.
2.38.	Each individual who applies for a license must provide all information and documents required by the Commissioner to verify lawful presence in the United States pursuant to Section 24-76.5-103, C.R.S. Failure to provide all such information and documents in the manner specified by the Commissioner shall be grounds for denial of an application for a license or renewal of an existing license. 
2.39.	Except as provided in § 2.45 of these rules, each applicant for a license as a qualified supervisor or certified operator shall pay a fee to be determined by the Commissioner. Said fee must be paid separately from any other fee, including but not limited to, any fee for examination as a qualified supervisor or certified operator or any fee for licensure as a commercial applicator.
2.40.	The qualified supervisor(s) employed by a licensee shall be responsible for the complete supervision of all pest control recommendations, soliciting, mixing, loading, and application of pesticides for the licensee.
2.41.	The anniversary date of a qualified supervisor's license or certified operator's license shall be the birth date of the licensee.
2.42.	Both qualified supervisors and certified operators will be licensed by category and must take and pass both a general exam and a category specific exam.
2.43.	In order for a licensed qualified supervisor or licensed certified operator to become licensed in additional categories, the applicant must take and pass the examination in the new category.
2.44.	If a qualified supervisor possesses all of the qualifications for licensure as a qualified supervisor in an additional category for which such person is not licensed, except for the required experience, such person shall be licensed as a certified operator in such additional category without payment of the application fee for the certified operator's license.
2.45.	If a licensed qualified supervisor or licensed certified operator applies for licensure in an additional category, said qualified supervisor or certified operator shall not be required to pay an additional application fee for licensure in a new category. The applicant shall be required to pay an examination fee.
2.46.	Any category added after the qualified supervisor or certified operator is originally licensed or renewed shall expire on the date of expiration of the original license.
2.47.	In order to qualify for renewal of a license, any licensed qualified supervisor or licensed certified operator must either take and pass the general exam and any category specific exams for his category or complete any continuing education required pursuant to part 4 of these rules. Any renewal of a license shall be determined on a category basis. Any license that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:
(a)	Application and payment of a reinstatement fee as determined by the Commissioner; and
(b)	Proof that all renewal requirements have been satisfied as of the expiration date of the license.
2.48.	An individual certified or licensed by another jurisdiction as a commercial pesticide applicator may obtain a certified operator license in Colorado without passing any examination, but only for the unexpired term of the certification or license issued by such other jurisdiction. Application for such licensure shall require proof of current certification or licensure in good standing in the other jurisdiction and payment of an application fee pursuant to § 2.39. Any application for licensure pursuant to this section may be denied for any reason other than passage of any exam. If issued, said license shall expire on the expiration date of the certification or license issued by the other jurisdiction. Upon the expiration of the license issued pursuant to this section, the individual may renew the certification or license issued by the other jurisdiction and re-apply to become a certified operator in Colorado as permitted by this § 2.48, or apply for a license in Colorado and satisfy all requirements therefore, including, but not limited to, taking and passing each examination applicable to such licensure.
Subpart D	Private Applicators
2.49.	Any person who uses or supervises the use of a restricted use pesticide for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer or, if the pesticide is applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person must be a licensed private applicator. The holder of a private applicator license is only authorized to use restricted pesticides for the purpose of producing an agricultural commodity as defined in Part 1, Rule 1.02(k). 
2.50.	Each applicant for a private applicator license or renewal of a license shall complete and file with the Commissioner an application on a form furnished by the Commissioner, and which contains, at a minimum, the following: the applicant's identification number, if any, his or her name, address, telephone number, photocopy of their identification, and any other information required on the form. Licenses issued by the Environmental Protection Agency prior to January 1, 2007 cannot be renewed. 
2.51.	The Commissioner may require verification of any fact, including but not limited to, type of agricultural commodity production claimed on any application, and may investigate the truthfulness and accuracy of any and all information submitted by an applicant.
2.52	Each applicant for a private applicator license shall take and pass an examination.
2.53	Each applicant for a private applicator license shall pay a fee to be determined by the Commissioner. Said fee must be paid separately from any other fee, including but not limited to, any fee for examination as a private applicator.
2.54.	A licensed private applicator shall be responsible for the supervision of any unlicensed person working under his or her direction, who mixes, loads, or applies a restricted use pesticide, for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer. For the purposes of this section, supervision of any unlicensed person working "under his or her direction" shall mean work performed by an individual acting under the instruction and control of a licensed private applicator, even if the licensed private applicator is not physically present at the work site at the time the work is performed.
2.55.	The anniversary date of a private applicator license shall be the birth date of the licensee.
2.56	In order for a licensed private applicator to become licensed as a qualified supervisor or certified operator, the applicant must take and pass both a general exam and a category specific exam and meet any requirements outlined in Part 2, Subpart C of these rules.
2.57 	If a licensed private applicator applies for licensure as a qualified supervisor or certified operator, the private applicator shall be required to pay an additional examination fee and application fee for licensure. 
2.58.	In order to qualify for renewal of a license, a licensed private applicator must either take and pass the private applicator exam or complete any continuing education required pursuant to Part 4 of these rules. A license that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:
(a)	Application and payment of a reinstatement fee as determined by the Commissioner; and
(b)	Proof that all renewal requirements have been satisfied as of the expiration date of the license.
 2.59.	An individual certified or licensed by another jurisdiction outside Colorado as a private applicator may obtain a Colorado private applicator license without passing any examination, but only for the unexpired term of the certification or license issued by such other jurisdiction. Application for such licensure shall require proof of current certification or licensure in good standing in the other jurisdiction and payment of an application fee pursuant to § 2.53. Said license shall expire on the expiration date of the certification or license issued by the other jurisdiction. Upon the expiration of the license issued pursuant to this section, the individual may renew the certification or license issued by the other jurisdiction and re-apply to become a private applicator in Colorado as permitted by this § 2.59, or apply for a license in Colorado and satisfy all requirements therefore, including, but not limited to, taking and passing an examination applicable to such licensure. 
Subpart E	Licensure Actions, Suspension, Denial, Revocation
2.60	Any of the following actions shall constitute grounds for the suspension, restriction, refusal to renew, denial, or revocation of a license or certification, whether alone or in conjunction with violations of any provision of the act or of any other provision of these rules:
(a)	The application of pesticides in a negligent or willful manner which creates, either by pesticide residue or by direct damage, a hazard to property, which shall include without limitation, crops, ornamental plants, and animals (including economically important insects).
(b)	The application of pesticides in a negligent or willful manner which endangers human health.
(c)	The creation of a situation from improper handling of pesticides, including spillage, leakage, vapors or disposal, which constitutes a hazard to the health, welfare or safety of any person, the general public, any animal or animals (including economically important insects), any crops, any ornamental plants, or the environment.
Part 8.	Agricultural Applicators.
8.01.	The agricultural classification includes the following categories:
(a)	Agricultural Insect Control: the application of pesticides to agricultural plants, including applications performed on pastures, croplands and non-crop agricultural lands, to control invertebrate pests, including insects, mites, slugs, snails, and nematodes.
(b)	Agricultural Plant Disease Control: the application of pesticides to agricultural plants, including applications performed on pastures, croplands and non-crop agricultural lands, to control plant diseases.
(c)	Agricultural Weed Control: the application of pesticides to agricultural lands, including pastures, croplands and non-crop agricultural lands, to control weeds.
(d)	Seed Treatment: the application of pesticides to seeds.
(e)	Livestock Pest Control: the application of pesticides to livestock.
(f)	Forest Pest Control: the application of pesticides in forests, forest nurseries, forest seed producing areas, windbreaks and downed timber. For applications in forested areas that come within maintained areas surrounding residential or commercial structures or within fifty (50) feet of a residential or commercial structure, an applicator must also hold the ornamental pest control category in accordance with Part 9 of these rules and comply with all of the posting and notification requirements in section 35-10-112, C.R.S., of the Pesticide Applicators' Act. This additional certification in the ornamental pest control category shall not apply to aerial applicators or ground applications made by federal, state, or local governments on property they own.
(g)	Rangeland Pest Control: the application of pesticides to rangeland. For applications performed in rangeland areas that come within maintained areas surrounding residential or commercial structures or within fifty (50) feet of a residential or commercial structure, an applicator must also hold the turf pest control category in accordance with Part 9 of these rules and comply with all of the posting and notification requirements in section 35-10-112, C.R.S., of the Pesticide Applicators' Act. This additional certification in the ornamental pest control category shall not apply to aerial applicators or ground applications made by federal, state, or local governments on property they own.
(h)	Aquatic Pest Control: the application of pesticides to standing or running water, except for pesticide applications which are included in the “Public Health” category, at rule 8.01(j).
(1)	Metam sodium for root control in sewers: the application of metam sodium in sewers to control roots. For purposes of this sub-category, “sewer” shall mean any artificial conduit for the transmission of wastewater to a wastewater treatment plant.
(i)	Industrial and Right-of-Way Weed Control: the application of pesticides to maintain public and private roads, electrical power lines, railway rights-of-way, construction and maintenance of parking lots, drilling rigs, substations, or similar areas.
(j)	Public Health Pest Control: the application of pesticides for control of disease vectors, except vertebrates.
(k)	Research and Demonstration: the application of pesticides in the course of conducting field research or demonstration. No license or certification will be issued in this category unless the applicant also obtains licensing or certification, in the specific category listed in these rules, which is appropriate to the research activity.
8.02.	Applicants for licensing as a qualified supervisor in the agricultural pest control categories, except the metam sodium for root control in sewers sub-category, must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing.
(a)	Said applicant shall have obtained a minimum of eight months field experience in agricultural pest control.
(b)	If said applicant has earned college or university credit in agricultural pest control or related fields, such credit may be combined with field experience in agricultural pest control in order to qualify for licensing as a qualified supervisor, as follows:
(1)	Two years college credit and two months field experience in agricultural pest control; or
(2)	One year college credit and five months field experience.
8.03.	Commercial applicators classified in the agricultural categories shall provide the following notices of pesticide applications.
(a)	Prior to each application, the customer shall be informed of: (1) the pesticide(s) to be applied, (2) the site of application, (3) applicable re-entry intervals, (4) applicable grazing intervals, (5) applicable pre-harvest interval, and (6) any precautionary statements contained on the applicable pesticide label(s). This notice may be oral.
(b)	After the application, the applicator shall promptly furnish the customer with a written notice which states: (1) the pesticide(s) applied; (2) the amount of each pesticide applied; (3) the date of application; (4) the site of application; (5) applicable re-entry intervals; (6) applicable grazing intervals; (7) applicable crop rotation intervals; and (8) any precautionary statements contained on the pesticide label(s).
(c)	An applicator may furnish the information specified in sections (a)(3) through (6), and/or (b)(5) through (8) above, by giving the customer a copy of the applicable pesticide label(s).
(d)	In the event that a commercial applicator classified in the agricultural categories performs an application at a site which is occupied by someone other than the applicator's customer, he or she shall be responsible for giving the notices required by sections (a) and (b) above to the person(s) who are occupying the site, as well as to the customer: This section (d) does not apply to applications to crops or to large-scale pest control programs.
8.04	An applicant for licensing in the sub-category of metam sodium for root control in sewers shall satisfy each of the following requirements:
(a)	In addition to any other required examination, an applicant must take and pass the specific examination for this sub-category, but not the examination for the aquatic pest control category.
(b)	An applicant for licensing as a qualified supervisor in this sub-category must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing.
(1)	An applicant shall have obtained a minimum of 40 hours of field experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers; or
(2)	If an applicant has a Level 2 or 3 wastewater collection certification issued by the Colorado Water Distribution and Wastewater Collection Systems Council, or a Class A, B, or C wastewater treatment plant operator certification issued by the Colorado Department of Public Health and Environment pursuant to Title 25, Article 9 of the Colorado Revised Statutes, the applicant shall have obtained a minimum of 20 hours of field experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers.
(c)	Each applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in this sub-category shall have at a minimum 32 hours of training:
(1)	At least 8 of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety; and
(2)	At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety.
(d)	Each sales technician working for a commercial applicator licensed in this sub-category shall have at a minimum 32 hours of training:
(1)	At least 8 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety;
(2)	At least 16 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. No more than 8 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety; and
(3)	The remaining 8 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor.
(e)	Each applicator technician or sales technician continuing to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in this sub-category shall have after the first season of experience, at a minimum, the following on-going training: 4 hours of training conducted by a licensed qualified supervisor or licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. The qualified supervisor shall determine from those topics enumerated above in sub-sections (c) (1) and (2) the training required. Said training may be either classroom-instructional or on the job training as determined by the qualified supervisor.
(f)	Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in this sub-category shall have at a minimum 16 hours of training:
(1)	At least 4 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;
(2)	At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;
(3)	The remaining 4 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor; and
(4)	Experienced sales technicians are not required to complete training in use, equipment and calibration, nor applicator safety.
Part 9.	Ornamental Applicators.
9.01.	The ornamental classification includes the following categories:
(a)	Turf Pest Control: the application of pesticides to: (1) turf to control invertebrate pests, including insects, mites, slugs, snails, and nematodes, or to control plant diseases or weeds; or (2) ornamental beds to control weeds.
(b)	Ornamental Pest Control: the application of pesticides to ornamental trees, shrubs, beds, flowers and other ornamental plants, except turf or indoor ornamental plants, to control invertebrate pests, including insects, mites, slugs, snails and nematodes, or to control plant diseases.
9.02.	Applicants for licensing as a qualified supervisor in the turf category, described in § 9.01 (a) must have the following experience or equivalents. Such field experience must have been obtained within the two years immediately preceding the date of the applicant's application for licensing. Experience in the application of pesticides gained by the applicant in the maintenance of his own home shall not constitute experience which will satisfy experience requirements imposed by these rules.
(a)	Said applicant shall have obtained at least four months of field experience in turf pest control.
(b)	If said applicant has earned college or university credit in turf pest control or related fields, such credit may be combined with field experience in order to qualify for licensing, as follows:
(1)	Two years college credit and one month field experience; or
(2)	One year college credit and two and one-half months field experience.
9.03.	Applicants for licensing as a qualified supervisor in the ornamental category described in § 9.01(b) must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing. Experience in the application of pesticides gained by the applicant in the maintenance of his own home shall not constitute experience which will satisfy experience requirements imposed by these rules.
(a)	Said applicant shall have obtained at least eight months field experience in ornamental pest control, gained within not less than two calendar years.
(b)	If said applicant has earned college or university credit in ornamental pest control or related fields, such credit may be combined with field experience in order to qualify for licensing as a qualified supervisor, as follows:
(1)	Two years college credit and four months field experience; or
(2)	One year college credit and six months field experience in ornamental pest control.
9.04.	Commercial applicators classified in the ornamental category shall provide the following notices of pesticide application:
(a)	Except as provided below, at the time any pesticide is applied, the commercial applicator shall leave for each customer, or for an individual at each location where an application was made if different from the customer's address, a printed or legibly written statement disclosing the fact that a pesticide has been applied, naming the pesticide or pesticides applied, the date of application, and containing such precautionary statements appearing on the pesticide's label as are necessary or appropriate to avoid endangering the health of persons or animals, or to avoid an unreasonable risk of harm to property.
(b)	When any pesticide is applied at a commercial property site where an owner of the site or an agent of an owner of the site is not present at the site, the commercial applicator shall, promptly after the application, furnish the customer with a written statement that states: (1) the pesticide(s) applied; (2) the date of application; and (3) such precautionary statements appearing on the pesticide's label as are necessary or appropriate to avoid endangering the health of persons or animals, or to avoid an unreasonable risk of harm to property. This precautionary information may be furnished by giving the customer a copy of the label(s) of any pesticide applied.
(c) 	When any pesticide is applied at a multi-unit dwelling site where an owner of the site or an agent of an owner of the site is not present at the site, the commercial applicator shall, promptly after the application, furnish the customer with a written statement containing the information required in subsection 9.04 (b) above and shall post notice-of-application signs containing the information required by § 35-10-112(2)(d), C.R.S. 
Part 15.	Enforcement.
15.01	The phrase “substantial danger or harm to public health and safety, to property, or to the environment” as used in § 35-10-121(2.5), C.R.S. means the existence of a condition which could reasonably be expected to cause, or the actual occurrence of:
(i)	physical illness, injury, or death to one or more individuals;
(ii)	damage to property, either real or personal; or
(iii)	any adverse impact on land, air or water resources that is appreciable and not immediately reparable.
15.02	Any person who uses any pesticide classified for restricted use must be licensed as a qualified supervisor, certified operator, or private applicator in accordance with the Act and these rules, except: 
(i)	any technician not licensed as a certified operator who is working under the on-site supervision of a qualified supervisor, and; 
(ii)	any person working under the supervision of a licensed private applicator for the purposes of raising an agriculture commodity. 
15.03	Any person who supervises the use of any pesticide classified for restricted use must be licensed as a qualified supervisor or private applicator in accordance with the Act and these rules.
Part 16.	Statements of Basis, Specific Statutory Authority & Purpose
16.11.	August 12, 2008 – Effective September 30, 2008
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 Applicators' Act (the "Act"), §§ 35-10-118(2)(a)(b)(c), (4), (5), and (9), C.R.S. 
Purpose
The purpose of these proposed rules is to: 
1.	Amend Rule 2.12 and 2.30 to define adequate supervision by establishing a qualified supervisor to certified operator/technician ratio.
2.	Amend Rule 2.32 to clarify that any person who uses any pesticide without supervision while employed by a commercial, registered limited commercial or registered public applicator, must be licensed as a qualified supervisor. 
3.	Amend Rule 2.49 to clarify that licensed private applicators may only apply restricted use pesticides for the production of an agricultural commodity. 
4.	Amend Rule 2.59 clarify that an individual licensed in another jurisdiction outside Colorado may become licensed as a private applicator without examination. 
5.	Amend Rule 9.04 to clarify turf and ornamental notification provisions when making applications to multi-unit residential units when no on-site management person is present. 
6.	Create a new Rule 15.02 and 15.03 to clarify that any person using a restricted use pesticide must be licensed as a qualified supervisor, certified operator or a private applicator. 
7.	Fix typographical errors, including: 
• Correct Rule 2.36 by replacing the word “retirements” with “requirements” 
• Clarify language in Rule 2.48
• Correct Rule 2.50 by changing the stated date of license renewal eligibility from January 1, 2006, to January 1, 2007
• Clarify Rule 8.04(f) by adding the omitted words “new hire” to the experienced technician language.
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include: 
1)	Rule 2.12 and 2.30 states that if a licensee’s or registrant’s business operation is so extensive that one individual cannot “adequately” supervise all pest control recommendations, soliciting, mixing and loading, and applications of pesticides, more than one qualified supervisor must be employed by the licensee. CDA has historically interpreted this as requiring at least one qualified supervisor for each seven technicians, in order to ensure that s/he has the time and ability to provide the necessary on-site guidance and respond to an accident involving a pesticide spill posing a threat to health or the environment. Under the current Rule, which does not mandate a specific ratio of qualified supervisors to technicians, CDA has observed commercial applicators employing as many as 40 technicians in multiple business locations under the supervision of one qualified supervisor. 
CDA is proposing to amend Rule 2.12 and Rule 2.30 to increase the maximum number of technicians that a qualified supervisor may supervise to fifteen (15), of which no more than eight (8) may be unlicensed technicians and clearly state that a qualified supervisor must be available while any technician is using a pesticide. 
2)	The current Rule 2.32 does not clearly state that any person working for a commercial, registered limited commercial or registered public applicator, must be licensed as a qualified supervisor to “use” any pesticide, as defined in Part 1.02(i) of the Rules, without supervision. 
3)	There have been questions as to the scope of pesticide use authorized under a Private Applicator license. CDA is proposing to amend Rule 2.49 by adding language to clarify that, consistent with EPA’s interpretation of FIFRA, it is a violation of the PAA to use a private applicator license to use restricted use pesticides for other purposes than raising an “agricultural commodity,” as that term is defined in Rule 1.02(k). 
4)	Rule 2.59 is the provision that allows qualified out-of-state licensed private applicators to reciprocate their license without having to take the Colorado private applicator exam. As currently phrased, however, this Rule states that a private applicator from another state may “perform” restricted use pesticide applications in Colorado without holding a Colorado license. That conflicts with § 35-10-114.5, C.R.S., which requires any Private Applicator using restricted use pesticides to have a Colorado license. The requirement in Rule 2.59 was intended to be similar to the provision for qualified supervisors and certified operators in Rule 2.48.
CDA, therefore, is proposing to amend Rule 2.59 to correctly state, “An individual certified or licensed by another jurisdiction outside Colorado as a private applicator may obtain a Colorado private applicator license without passing an examination...” and amend Rule 2.48 to make the language of the two provisions consistent. 
5)	Rule 9.04 (a) and (b) requires an applicator to leave a written statement at the time of application that a pesticide has been applied stating the pesticide or pesticides applied, the date of application, and any precautionary information for each person residing on the property, and to provide this same written statement to the owner of the site or agent of the owner of the site if s/he is not present. The current rule does not clearly address notification of residents of multi-unit residential dwellings (apartments, condos, townhomes, etc) where there is no property manager on-site. 
CDA is proposing to amend Rule 9.04 to specify the manner in which notification must be provided when making applications at multi-unit dwellings when no on-site management is present at the site. 
6)	Now that it has jurisdiction over all pesticide use, CDA believes it is useful to clearly state in a new Rule 15.02 that any person using a restricted use pesticide must be licensed as a qualified supervisor, certified operator or a private applicator. 
7)	Rule 2.36 contains a typographical error. Rule 2.36 currently states, “the Commissioner may waive part of the experience retirements...” The Rule should read, “the Commissioner may waive part of the experience requirements.” 
8)	Rule 2.50 contains a typographical error. Rule 2.50 currently states, “Licenses issued by the Environmental Protection Agency prior to January 1, 2006 cannot be renewed.” The Rule should read, “Licenses issued by the Environmental Protection Agency prior to January 1, 2007 cannot be renewed”. 
9)	In promulgating Rule 8.04(f) CDA inadvertently omitted the words “new hire.” These words are necessary clarify that the required technician training hours outlined in 8.04(f)(1 – 4) apply to a “new hire” experienced technician, as defined in Part 5, Rule 5.1 (b)(1).