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
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 solicit and enter into a written contract which incidentally requires one or more pesticide applications only in accordance with the provisions of this section. 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 Entry into any such contract that does not have an express written statement 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 constitute a violation of § 35-10-117(1)(c), C.R.S. Failure to include such a statement in any solicitations, whether oral or written, to enter into such a contract shall constitute a separate violation of § 35-10-117(1)(c), C.R.S.
2.16.	A commercial applicator not licensed in a category (“contractor”) may solicit and enter into a written contract with a customer to perform pesticide applications in said category only if the contractor intends to subcontracts 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 Entry into any such contract that does not have an express written statement 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 constitute a violation of § 35-10-117(1)(c). C.R.S. Failure to include such a statement in any solicitation, whether oral or written, to enter into such a contract shall constitute a separate violation of § 35-10-117(1)(c), C.R.S.
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 l). 
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. 
2.60.	Private pesticide applicator licensure classification: Category 401, Private Pesticide Applicator Pest Control, is for the application of restricted use pesticides for the purpose of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer or, when the pesticide is applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.
Subpart E	Licensure Actions, Suspension, Denial, Revocation
2.60 1	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 6.	Records.
Subpart A	Recordkeeping Requirements for Commercial, Registered Limited Commercial and Registered Public Applicators
6.01.	Licensed commercial applicators, shall maintain accurate and legible office records of each application of pesticides made for hire.
6.02.	Registered limited commercial and registered public applicators shall maintain accurate and legible office records of each application of pesticides.
6.03.	Such records shall include all of the following information:
(a)	Name and address of person for whom application was made.
(b)	Location where application was made, if different from number 6.03(a). The location of a field should be fully described. In the case of roadside weed control applications, the record should include the county or state road number and the portion of roadside treated, described by reference to mileage markers or prominent geological features such as road intersections, river or creek crossings, or the like.
(c)	Target pest. This means the specific pest for which the application was made. A general term is acceptable only if the pesticide label specifically refers to that exact term (such as “broadleaf weeds”).
(d)	Site, crop, commodity or structure treated.
(e)	Specific pesticide applied. This shall be accomplished by recording the EPA registration number of the pesticide product. The brand name of the pesticide product and the name and address of its manufacturer may also be included in this record.
(f)	Dilution rate. This is the amount of formulated product or active material per unit of volume of carrier specified as such. In the case of a product applied out of the container without mixing, the entry should be “no dilution”, “aerosol”, or “RTU” (ready to use), as applicable.
(g)	Application rate. This is the total gallons or pounds of the final tank mix applied per unit of area or volume. In the case of “crack and crevice” structural treatment, the entry should indicate “crack and crevice”. The entry for a livestock application should indicate “dip” or “spray”, as appropriate. In the case of an application of a pesticide labeled “spray until wet,” “spray to runoff,” or the like, the entry should indicate the nature of the application in language consistent with the label directions.
(h)	Carrier, if other than water.
(i)	Date and time of application. The record shall indicate the time, within at least one-half hour accuracy, when the application was started or stopped. Each applicator's records shall be kept consistently and clearly, in such a manner as to allow ready determination as to whether a noted time indicates the beginning or end of the application. An entry merely stating “A.M.” or “P.M.” is not sufficient to comply with this rule.
(j)	Name of the person who made the application (i.e., technician, certified operator, qualified supervisor). If a restricted use pesticide application is performed by an applicator technician, the record of application shall include the names of both the technician and the responsible on-site qualified supervisor.
(k)	Endangered Species Protection Bulletin for the county and month in which the application was made for any pesticide product used, when required by the label. If there is not an active Endangered Species Bulletin use limitation for the county and month in which the application was made, no Endangered Species Protection Bulletin is required to be maintained in the applicator’s records. For purposes of complying with this subsection (k), a single Endangered Species Bulletin record may be applied to multiple applications that are subject to that Bulletin.
6.04.	Any applicator performing wood destroying insect control, for the control of termites, shall keep, in addition to record keeping requirements outlined in section 6.03 above, the following information:
(a)	For all commercial pre-construction treatments, the licensee must maintain records of square footage treated per application site, flow rate of the application equipment, and the start and stop time for the treatment. If a physical barrier is used, the square footage of the physical barrier shall be recorded and a diagram describing the installation shall be provided.
(b)	Each post construction termite liquid and bait treatment record shall include:
(1)	A diagram, blueprint, or building plat and a description of the structure or structures to be treated, including the following:
(A)	Approximate measurements as accurately as practical;
(B)	Areas of known current termite activity;
(C)	Areas of known previous termite activity;
(D)	Areas of known conditions conducive to termite activity;
(E)	Areas to be treated and by what means, (i.e.: slab injection, trenching).
(2)	A copy of the signed customer contract and any warranty information provided to the customer, including any job specific exclusions, limitations or amendments.
(3)	An original or legible copy of the original label for any pesticide used.
(4)	The signature of approval on the proposed treatment diagram by a qualified supervisor licensed in the wood destroying organism category who is employed by or associated with the applicator making the proposal.
(5)	For termite baiting programs:
(a)	The number and locations of baiting and monitoring stations to be installed;
(b)	All service inspections of termite bait stations must be kept as part of that customer’s service record and service frequency must be performed as recommended by the manufacturer's label requirements.
Subpart B	Recordkeeping Requirements for Private Applicators
6.05.	Licensed private applicators shall maintain accurate and legible records of each restricted use pesticide application in accordance with all regulations of the United States Department of Agriculture’s federal pesticide recordkeeping requirements set forth in the Code of Federal Regulations, at 7 C.F.R., Part 110 (2006), incorporated herein by reference (later amendments not included). Pursuant to §35-10-111 of the Act, such records shall be retained for a period of three years from the date of the pesticide application. 
Part 7.	Business Practices, Equipment Identification, Notices.
7.01.	Equipment identification.
a)	Commercial applicator equipment identification:
1)	All motor vehicles, trailers, and mobile application equipment while used by or on behalf of any licensee for applying or carrying pesticides shall be identified by displaying thereon, in letters not less than two inches high, the company business name and, in letters not less than one inch high, the city and state of said licensee's place of business. Such lettering on a licensee's equipment shall be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall be identified on both sides of the vehicle. This rule shall not apply to aircraft, small capacity sprayers with less than a ten-gallon capacity, and application equipment mounted on vehicles marked in accordance with these rules.
2)	Vehicles with a spray tank holding more than a ten-gallon capacity that due to the size or design of the vehicle do not provide sufficient surface area to comply with the identification requirements outlined in 7.01(a)(l) shall be identified by displaying thereon, in letters not less than one inch high, the company business name of said licensee. Such lettering on a licensee's equipment shall be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall, at a minimum, be identified on one side of the vehicle.
b)	Public applicator equipment identification:
1)	Any public applicator registered with the Department shall identify all motor vehicles, trailers, and mobile application equipment while used by or on behalf of such registrant for applying or carrying pesticides by displaying, in letters not less than two inches high, the city or state name, or a logo identifying the registered public entity they represent. Such lettering on a registrant's equipment shall be positioned and maintained so as to be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall be identified on both sides of the vehicle. This rule shall not apply to aircraft, small capacity sprayers with less than a ten-gallon capacity, and application equipment mounted on vehicles marked in accordance with these rules.
2)	Vehicles with a spray tank holding more than a ten-gallon capacity that due to the size or design of the vehicle do not provide sufficient surface area to comply with the identification requirements outlined in 7.01(b)(l) shall be identified by displaying thereon, in letters not less than one inch high, the city or state name, or logo, identifying which public entity they represent. Such lettering on a registrant's equipment shall be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall, at a minimum, be identified on one side of the vehicle.
7.02.	All licensees must inform the Commissioner, in writing, of any change in their address or telephone number.
7.03.	Each qualified supervisor or certified operator must notify the Commissioner in writing when he or she begins employment with a commercial, registered limited commercial, or registered public applicator, terminates employment, or when he or she changes branches, divisions, satellite offices or employers. Such notification shall be within 15 days of said employment, termination, or change.
7.04.	Each commercial, registered limited commercial, and registered public applicator must notify the Commissioner in writing when a qualified supervisor in its employ terminates employment, or changes branches, divisions or satellite offices, or when adding a qualified supervisor to its staff. Such notification shall be within 15 days of said termination, change, or addition.
7.05	The original product container with labeling or a copy of the pesticide label and any attached associated labeling for the intended use, for each product in use shall be in the possession of the commercial, registered limited commercial, or registered public applicator employee at the site of application whenever a pesticide application is performed. This rule shall not apply to aerial applicators, or private applicators, or Endangered Species Protection bulletins referenced on the label.
Part 8.	Agricultural Applicators.
8.01.	The agricultural classification includes the following categories:
(a)	Category 101: 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)	Category 102: 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)	Category 103: Agricultural Weed Control: the application of pesticides to agricultural lands, including pastures, croplands and non-crop agricultural lands, to control weeds.
(d)	Category 104: Seed Treatment: the application of pesticides to seeds.
(e)	Category 105: Livestock Pest Control: the application of pesticides to livestock.
(f)	Category 106: Forest Pest Control: the application of pesticides in forests, forest nurseries, forest seed producing areas managed for the production of timber and other forest products or maintained as wood vegetation for such indirect benefits as protection of catchment areas or public recreation, including windbreaks and downed timber. For applications in forested areas 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. This category does not apply to pesticide applications made to control vertebrate pests.
(g)	Category 107: Rangeland Pest Control: the application of pesticides to land which is not managed for turf, pasture or forest on which the vegetation is predominantly native plant species of introduced species managed as native species such as grasses, grass-like plants, forbs or shrubs. Rangelands include but are not limited to natural grasslands, shrublands, deserts, tundras, and meadows. For applications performed in rangeland areas 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. This category does not apply to pesticide applications made to control vertebrate pests.
(h)	Category 108: Aquatic Pest Control: the application of pesticides to standing or running water when made to control weeds, amphibians, fish and other pests in water, except for pesticide applications which are included in the “Public Health” category, at rule 8.01(j).
(1)	Category 113: 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)	Category 109: Industrial and Right-of-Way Weed Control: the application of pesticides to maintain roads, sidewalks, trails, paths, utility lines, railways, parking lots, drilling rigs, substations, open irrigation and drainage structures or similar areas and adjacent land within right of ways associated with such areas for the purpose of establishing or maintaining definable cover or bare ground.
(j)	Category 110: Public Health Pest Control: the application of pesticides for control of disease vectors, except vertebrates.
(k)	Category 111: 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)	Category 206: 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)	Category 207: 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 10.	Structural Applicators.
10.01.	The structural pest control classification includes the following categories.
(a)	Category 301: Wood Destroying Organism Pest Control: the application of pesticides to control termites, carpenter ants, powder post beetles, fungi, and/or other wood destroying organisms in structures and/or adjacent outside areas.
(b)	Category 302: Outdoor Vertebrate Pest Control: the application of pesticides or bait stations intended for preventing, destroying, repelling or mitigating any amphibian, reptile, bird, fish, feral dogs and cats, moles, voles, bats, wild carnivores, rabbits, skunks, amphibian pests not in water and any other vertebrate pest, except rats and mice.
(c)	Category 303: Fumigation: the application of a fumigant to one or more rooms in a structure or to the entire structure at a desired concentration and for a length of time necessary for the control of rodents and/or insect pests, including the application of a fumigant to a localized space or harborage within a structure for local insect and/or rodent control.
(d)	Category 304: Residential/Commercial Pest Control: the application of pesticides or bait stations intended for use for preventing, destroying, repelling or mitigating structural pests, including without limitation insects and rodents. However, this category does not include the application of fumigants or actions taken to control wood destroying organisms, outdoor vertebrates, or grain storage pests.
(e)	Category 305: Stored Commodities Treatment: the application of pesticides for the treatment of pests in raw grain stored in facilities which are not used for animal or human habitation; the application of plant growth regulators to agricultural commodities stored in facilities which are not used for animal or human habitation; and the application of pesticides to commodity processing equipment or commodity storage facilities (not including offices or other structures).
(f)	Category 306: Wood Preservation and Wood Products Treatment: the application of pesticides to prevent, destroy, repel or mitigate pests in wood or wood products which are, or are capable of being, incorporated into a structure, not including downed timber prior to bark removal or sawing.
(g)	Category 307: Interior Plant Pest Control: the application of pesticides to house plants and other indoor ornamental plants kept or located within structures occupied by humans, including, but not limited to houses, apartments, offices, shopping malls, other places of business and other dwelling places, to control invertebrate pests that adversely affect such plants, including insects, mites, slugs, snails and nematodes; and to control plant diseases.
10.02.	An applicant for licensing as a qualified supervisor in the structural pest control categories of wood destroying organisms, household pest control residential/commercial pest control, and fumigation must have the following field experience or equivalents. Such field experience must have been obtained during the five years immediately preceding the date of the applicant's application for licensing. Experience using pesticides gained while the applicant was maintaining his own home, or performing janitorial or maintenance duties for another in a residential, industrial or commercial location will not satisfy experience requirements imposed by these regulations.
(a)	Said applicant must have obtained at least twenty-four months field experience in structural pest control. In addition, an applicant for licensing as a qualified supervisor in the structural pest control category of wood destroying organisms must have obtained, within the two years immediately preceding the date of the applicant's application for licensing, at least 100 hours of verifiable field experience in termite control. A minimum of 30 of said 100 hours must consist of verifiable “hands-on” field experience covering drill and inject and other post-treat methods and applications. Any or all of the 100 hours may be obtained in courses approved by the Commissioner.
(b)	If said applicant has earned college or university credit in structural pest control or related fields, such credit may be combined with field experience in related categories of structural pest control in order to qualify for licensing as a qualified supervisor, as follows:
(1)	Four years college credit and four months field experience; or
(2)	Three years college credit and nine months field experience; or
(3)	Two years college credit and fourteen months field experience; or
(4)	One year college credit and nineteen months field experience.
10.03.	An applicant for licensing as a qualified supervisor in the structural pest control categories of outdoor vertebrates, wood preservation and wood products treatment, stored commodities treatment, or interior plant pest control 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 must have obtained at least eight months field experience in the related categories of structural pest control.
(b)	If said applicant has earned college or university credit in the related categories of structural pest control, such credit may be combined with field experience in related categories of structural pest control in order to qualify for licensing as a qualified supervisor, as follows:
(1)	Two years college credit and two months field experience; or
(2)	One year college credit and five months field experience.
10.04.	At the time of a pesticide application, a commercial applicator licensed in any structural pest control category shall leave for each customer, a printed or legibly written notice stating the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property.
10.05.	In the event that the customer is not the occupant, at the time of a pesticide application a commercial applicator licensed in any structural pest control category shall leave for the occupant, a printed or legibly written notice stating the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property.
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 applying restricted use pesticides under the on-site supervision of a qualified supervisor or mixing and loading restricted use pesticides under the 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.
15.04	A qualified supervisor, certified operator or private applicator shall not use or supervise the use of a restricted use pesticide in any category of licensure the person does not hold. 
15.05	Any person who operates any device for hire that produces a pesticide as defined in § 35-10-103(10) C.R.S., must be licensed as a commercial applicator and be licensed as or employ or contract with a qualified supervisor in the appropriate licensure category. It is a violation of these Rules for a commercial applicator to use any such device in a manner inconsistent with labeling directions or requirements or in an unsafe or negligent manner.
Part 16.	Statements of Basis, Specific Statutory Authority & Purpose
Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1968 through 1991 are no longer in the Departments files and are presumably in the state archives.
16.14.	June 11, 2013 – Effective July 30, 2013
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), and (9.5) C.R.S. 
Purpose
The purpose of these proposed Rules is to clarify the Rule in regards to solicitations made prior to entering into a contract, create a new Rule to require that a record of active Endangered Species Bulletins be maintained and add a new Rule defining devices that produce a pesticide; which when used for hire require a commercial pesticide applicator license. All other proposed Rule amendments add clarification to the current interpretation, enforcement and intent of the existing Rules. Specifically:
1.	Parts 2.15 and 2.16 are amended to clarify when solicitations to subcontract incidental pesticide applications can be made by a business that is not acting as and is not licensed as a commercial applicator. 
2.	Part 2.60 creates a new Rule defining the Private Applicator category and license purpose.
3.	Part 6.03(k) creates a new Rule to require commercial applicators to maintain a record of any active Endangered Species Bulletin. 
4.	Part 7.05 is amended to clarify what labeling must be in the applicator’s possession when applications are being performed and exempt Endangered Species Bulletins from this requirement. 
5.	Parts 8, 9 and 10 are amended to add the numeric category reference to each pesticide licensure category. 
6.	Parts 8.01(f),(g) and (h) and Part 10.01 (b) are amended to clarify which pests may be treated under these categories.
7.	Part 10.02 is amended to correctly state the licensure category. 
8.	Part 15.05 creates a new Rule requiring that devices that produce a pesticide, such as carbon monoxide, that when used for hire to control a pest requires a commercial applicator license. 
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include: 
1.	Part 2.15 allows a business that does not apply pesticides for hire to enter into a contract that incidentally requires the application of pesticides as long as there is a written provision in the contract expressly stating that the business will subcontract the application to a licensed applicator. Part 2.16 similarly allows a business that applies pesticides for hire and is licensed as a commercial applicator to subcontract applications that require a qualified supervisor licensed in a category not held by the business’s own qualified supervisors, to subcontract the work if the contract expressly discloses that plan. Absent such statements, the Department would consider such contracts to constitute violations of the statutory provision, § 35-10-117(1)(c), C.R.S., which makes it a violation of the Act to present oneself to be qualified to perform or to solicit pesticide related services without a “valid commercial license.” The Department realizes that in order to enter into such contracts, businesses must necessarily engage in some form of a solicitation – i.e., they must make an offer to their potential customers, whether oral or written. These amendments to Parts 2.15 and 2.16 clarify that a business proposing to enter into a contract with such a subcontracting provision must also disclose that they will subcontract pesticide applications that require licensure beyond what they hold at the time of the solicitation. 
2.	Part 2.60 is being created as a result of amendments being made to Parts 8, 9 and 10, to add the numeric categories for all pesticide licensure categories. When creating the language to classify a Private Applicator license as Category 401, the Department felt that stating the purpose of this licensure category would more clearly define what the license may be used for and match the category classification definitions in Parts 8, 9 and 10 of the Rules. 
3.	Part 6.03(i) creates a new Rule to require commercial applicators to maintain a record of any active Endangered Species Bulletin. 
The Environmental Protection Agency in recent years has added Endangered Species (ES) specific language to certain pesticide labels that require pesticide applicators to obtain and abide by the Endangered Species Protection Bulletin. The requirements in an ES Bulletin are enforceable because compliance is mandated by the label. Therefore, applicators must follow all requirements on the ES Bulletin and failure to do so would be a label violation under both the Federal Insecticide, Rodenticide and Fungicide Act (FIFRA) and the PAA. In addition, as a condition of the EPA enforcement grant CDA is required to verify compliance with all elements of the label. EPA also has specified in our grant that the CDA must determine applicator compliance with the Endangered Species Act by verifying that applicators are referencing the ES Bulletins when required. In 2012 Colorado’s first ES Bulletins for Rozol Prairie Dog Bait came into existence and ES Bulletin language is showing up on labels regularly now. The best way for CDA to verify that an applicator has referenced the ES Bulletin and followed all use restrictions for the pesticide, county and month the application was made is to require that the applicator maintain a copy of any active Bulletin that pertains to applications they have made in their records. A record of the Bulletin will only be required to be maintained when there is an active Bulletin for the product, county and month in which the application took place. 
4.	The intent of Part 7.05 is to require an applicator to have the original or a copy of the original pesticide label and any additional labeling directions in the possession of the applicator at the time of an application so all use directions are available at the job site. Currently Part 7.05 states, “...a copy of the pesticide label and any attached labeling for each product in use shall be in the possession of the commercial…applicator...” The word “attached” no longer represents how labels and labeling may be accessed with new technologies. Labels and labeling are now more likely to be downloaded from the registrant’s or EPA’s website and maintained electronically. Some products do not have labeling physically “attached” to a product. Therefore, the Department feels that changing the word “attached” to the word “associated” would clearly state the requirement of Part 7.05, which is to have copies of the pesticide label and all of its associated labeling. The word “copies” does not designate or restrict the form or manner in which the label copy must be in the applicator’s possession. 
The definition of “labeling” found in the Pesticide Act in relation to the Endangered Species (ES) Bulletins excludes “current official publications” of the EPA. ES Bulletins are publications of EPA that are not created and distributed with the pesticide label. CDA is proposing to add a clarifying statement that, for the purposes of Part 7.05, ES Bulletins are not required to be in the possession of the applicator at the time of the application, since an ES Bulletin is not “labeling”. It should be noted, however, that any requirements in an ES Bulletin are enforceable because compliance is mandated the label. Therefore, applicators must still follow all requirements on the ES Bulletin just as any other requirement on the label and failure to do so would be a violation of the PAA. CDA felt clarification is needed in Part 7.05 so applicators understand that although they must have a copy of the label in their possession at the time of application, they are not required to have the ES Bulletin in their possession. CDA is proposing to amend Part 7.05 to clearly state the ES Bulletin is not required to be in the applicator’s possession at the time of an application. 
5.	Parts 8, 9 and 10 are amended to add the numeric category reference to each pesticide licensure category. CDA routinely refers to pesticide applicator licensure categories with a numeric reference in publications, enforcement documents, license documents, examination documents, etc.; i.e.: Category 101, Agricultural Insect Control. CDA is proposing that all licensure category descriptions in Parts 8, 9 and 10 be amended to reflect the appropriate numeric category reference number to ensure Department publications, administrative documents and enforcement documents legally coincide. 
6.	Recently the question was brought to the Department’s attention, asking if rodents can be treated in rangeland areas with the Rangeland Pest Control Category vs. the Outdoor Vertebrate Control Category. The licensure category description in the Rangeland category is a very broad, stating that this category is for the “application of pesticides to rangeland”. Arguably this language would allow the applications of any pesticide, including those applied to rodents in Rangeland areas. However, the Outdoor Vertebrate licensure category clearly states that the Outdoor Vertebrate Pest Control category must be held to apply pesticides to control outdoor vertebrate pests, regardless of the site they inhabit; adding to the confusion. 
The original intent of the Rangeland category was for the application of pesticides to rangeland areas for pests other than rodents, i.e.: weeds, insects, etc. The Outdoor vertebrate category was intended to apply pesticides for the control of vertebrate pests, regardless of the site they may be found (i.e.: water, rangeland, structures, pasture, right-of-way, etc.). During our review, we found this broad statement not only in the Rangeland category but also in the Forestry and Aquatic categories, making the licensure requirements confusing unless the applicator reads the Outdoor Vertebrate licensure category with these other definitions. Even then, it is not clear if the Outdoor Vertebrate Pest Control license would be needed. 
The other licensure categories do have specific descriptions as to what that licensure category does and does not allow. For example: 
8.01 (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.
8.01 (j) Public Health Pest Control: the application of pesticides for control of disease vectors, except vertebrates.
9.01 (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.
The CDA is proposing that the Rangeland Pest Control and Forest Pest Control category definitions be amended to clearly state that these categories allow the application of pesticides to be applied to control pests “except vertebrates”, as similarly stated in the Public Health Pest Control Category. 
During our discussion with the Pesticide Advisory Committee it was pointed out that amphibian and fish pest control is currently under the Outdoor Vertebrate Control category. It was recommended that the Department allow these vertebrate pests to be treated under the Aquatic Pest Control license, since the pesticide applications are being made directly to water. The Department agreed with this reasoning and therefore is proposing to clarify the licensure requirements for controlling vertebrate pests in and out of water in the Part 8.01(h), Aquatic Pest Control and Part 10.01(b), Outdoor Vertebrate Pest Control. 
7.	CDA recently identified a discrepancy in Part 10.02, which outlines the structural pest control experience requirements for licensure as a qualified supervisor. The current language incorrectly references the Residential/Commercial Pest Control licensure category, found in Rule 10.01 (d), as “household pest control”. The Department believes this was an oversight in the terminology when the Rule was originally enacted, since nowhere in the PAA is “household pest control” referenced as a license category. CDA proposes to amend Part 10.02 to remove the reference to “household pest control” and correctly state the licensure category referenced in Part 10.01(d), Residential/Commercial Pest Control. 
8.	In FY 2012 it was brought to the attention of the Department that a licensed commercial applicator wanted to use a device, called the Pressurized Exhaust Rodent Control (PERC), to convert gasoline to carbon dioxide (and other gases) and then pump carbon monoxide into a building void (in a strip mall) to treat bird mites and other pests associated with a bird infestation. The PERC is a device intended to only control rodents; it generates carbon monoxide with an attached engine, pressurizes it into a large tank, and the gas is then pumped into rodent burrows. The directions prohibit use on structures and recommend the applicator maintain a 150 ft. buffer from structures. 
Under 35-10-118 (9.5) - Powers and duties of the commissioner, adopted as a result of the 2006 Sunset review, it states: 
The commissioner shall designate by rule which devices, when operated for hire, require the operator to be licensed as a commercial applicator. Licensure shall be required only for the use of those devices that, as determined by the commissioner, may constitute a significant risk to public health or safety.
Since the CDA does not currently have any devices in Rule designated to require licensure, the CDA has no regulatory authority over individuals using these devices. Therefore, the CDA cannot require licensure when using these devices for hire or take any enforcement action on a commercial applicator when the device is used incorrectly, even when it would cause a risk to the public’s health or safety. 
The CDA is proposing the creation of a new Rule 15.05 that requires licensure for the use of any device that generates/produces a pesticide as defined in the Pesticide Applicators’ Act § 35-10-103(10), C.R.S., to help ensure public safety, by requiring applicators have the proper training and licensing to use any device for hire that produces a pesticide. In addition, Rule 15.05 requires the applicator to use the device in accordance with the manufacturer’s directions.