2016 Colorado Revised Statutes
Title 35 - Agricultural
Pest and Weed Control
Article 10 - Pesticide Applicators' Act
§ 35-10-112.5. Statewide uniformity of pesticide control and regulation - exceptions
(1) The general assembly hereby determines that:
(a) The citizens of this state benefit from a system of safe, effective, and scientifically sound pesticide regulation;
(b) A system of pesticide regulation that is consistent and coordinated, that creates statewide uniform standards, and that conforms with both state and federal technical standards and requirements is essential to the public health, safety, and welfare, and finds that local regulation of pesticides that is inconsistent with and adopts different standards from federal and state requirements does not assist in achieving these benefits;
(c) Through statute and regulation, the state has created a system of pesticide regulation based upon scientific standards that protects the citizens of this state;
(d) Although the cultivation of marijuana is illegal under federal law and so the use of pesticides in cultivating marijuana is not specifically allowed by any pesticide's label, the cultivation of marijuana is specifically allowed and regulated by Colorado law, and the use of pesticides should be regulated pursuant to this article and rules promulgated pursuant to this article rather than pursuant to local laws; and
(e) Pesticide regulation is a matter of statewide concern.
(2) A local government shall not adopt or continue in effect any ordinance, rule, resolution, charter provision, or statute regarding the use of any pesticide by persons regulated by this article or federal law and pertaining to:
(a) Any labeling or registration requirements for pesticides, including requirements regarding the name of the product, the name and address of the manufacturer, and any applicable registration numbers;
(b) (I) The use and application of pesticides by persons regulated by this article or federal law, including but not limited to, directions for use, classification of pesticides as general or restricted use, mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker specifications, container storage and disposal, required intervals between application and harvest of food or feed crops, rotational crop restrictions, and warnings against use on certain crops, animals, or objects or against use in or adjacent to certain areas.
(II) Subparagraph (I) of this paragraph (b) applies to the use and application of pesticides by persons regulated by this article or federal law in connection with the cultivation of marijuana.
(c) Except as specifically provided in this article, any warnings and precautionary statements, notifications, or statements of practical treatment; or
(d) Licensure, training, or certification requirements for persons regulated under this article, including any insurance and record-keeping requirements.
(3) (a) Nothing in this article may be construed to limit the authority of a local government as defined by state law to:
(I) Zone for the sale or storage of any pesticide, provide or designate sites for disposal of any pesticide or pesticide container, adopt or enforce building and fire code requirements, regulate the transportation of pesticides consistently with and in no more strict of a manner than state and federal law, adopt regulations pursuant to a storm water management program that is consistent with federal or state law, or adopt regulations to protect surface or groundwater drinking water supplies consistent with state or federal law concerning the protection of drinking water supplies;
(II) Take any action specifically authorized or required by any federal or state law or regulation with respect to pesticides, or to take any action otherwise prohibited by this article in order to comply with any specific federal or state requirement or in order to avoid a fine or other penalty under federal or state law;
(III) Regulate the use of pesticides on property owned or leased by the local government;
(IV) Issue local general occupational licenses to persons regulated by this article.
(b) This subsection (3) does not authorize a local government to utilize the police power or the authority to zone, to provide or designate disposal sites, to adopt and enforce building and fire codes, or to regulate the transportation of pesticides as described in paragraph (a) of this subsection (3) to directly or indirectly regulate or prohibit the application of pesticides by persons regulated by this article or by federal law, including in connection with the cultivation of marijuana.
(c) Nothing in this article shall be construed to be an implicit grant of authority to a local government that is not otherwise granted by state law.
(4) Any local government that promulgates an ordinance that concerns pesticides, that is promulgated pursuant to section 31-15-707 (1) (b), C.R.S., or that is promulgated pursuant to any authority described in paragraph (a) of subsection (3) of this section concerning pesticides shall file the following with the department of agriculture:
(a) A certified copy of the ordinance; and
(b) A map or legal description of the geographic area that the local government intends to regulate under the ordinance.
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