 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 1.	Definition and Construction of Terms.

1.01.	As used in these rules, the singular includes the plural, the
masculine gender includes the feminine and neuter, and vice versa. All
terms used in these rules shall have the meaning set forth for such
terms in the Act.

1.02.	As used in these rules, unless the context otherwise requires:

(a)	“abut” means to join; to be contiguous, as where no other land,
road, or street intervenes; “abut” includes two property sites that
would otherwise be considered abutting, but for the fact that such sites
are separated by an alley. As used herein, “alley” means a passage
way within a block set apart for public use, vehicular travel, and local
convenience to provide a secondary means of access to the rear or side
of abutting lots or buildings.

(b)	“category” shall include any sub-category thereof.

(c)	“engaged in the business of applying pesticides for hire” means:
the evaluation of pest problems; the recommendation of pest controls and
evaluation of results; the mixing, loading or application of pesticides;
and/or the soliciting, advertising, offering or contracting to do any of
the above, in return for money or anything of value, including goods or
services. Notwithstanding anything to the contrary in the foregoing, the
rendering of consultation services by an individual in evaluating pest
problems, recommending pest controls and/or evaluating results, shall
not be deemed to constitute the application of pesticides for hire, if
said individual is not affiliated with, or soliciting business for, any
person or business entity which performs the mixing, loading or
application of pesticides.

(d)	“in the possession of” means in the physical possession of the
applicator or in a location at the site of the application, such as a
service vehicle, that is readily accessible to the applicator.

(e)	“fumigant” means any substance which by itself or in combination
with other substances emits or liberates a gas or gases, fumes or
vapors, and which gas or gases, fumes or vapors when liberated and used
will destroy vermin, rodents, insects, and other pests, but are usually
lethal, poisonous, noxious, or dangerous to human life.

(f)	“proof of medical justification” means a statement signed by a
physician licensed to practice medicine in Colorado pursuant to Article
36 of title 12, C.R.S. which states

I certify that the individual named above is a patient of mine and
should be placed on the list of pesticide sensitive individuals. This
individual has a documented sensitivity to certain pesticides and should
not be exposed to them because of the reason(s) described below:

(g)	“property damage” includes, but is not limited to, injury to
domestic animals, livestock and economically important insects.

(h)	“structure” means any building, regardless of its design or the
type of material used in its construction, whether public or private,
vacant or occupied, the foundation thereof, and the adjacent outside
areas, and shall also include but shall not be limited to warehouses,
trucks, boxcars, boats, airplanes, other vehicles, or the contents
thereof, and fumigation vaults.

(i)	“use” means any and all aspects of the handling of pesticides
from the time a pesticide container is opened until disposal of the
pesticide container, including without limitation, the mixing, loading,
application, spill control, and disposal of a pesticide or its
container.

(j)	“to use any pesticide in a manner inconsistent with labeling
directions or requirements” includes, but is not limited to, for
termiticides only, the use of a termiticide at any concentration less
than that stated on the labeling.

(k)	“agricultural commodity” means any plant, or part thereof, or
animal, or animal product, produced by a person (including farmers,
ranchers, vineyardists, plant propagators, Christmas tree growers,
aquaculturists, floriculturists, orchardists, foresters, or other
comparable persons) primarily for sale, consumption, propagation, or
other use by man or animals.

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.	If a licensee's business operation at any one location is so
extensive that one individual cannot adequately supervise all pest
control recommendations, soliciting, mixing, loading, and applications
of pesticides, more than one qualified supervisor must be employed by
the licensee.

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.	If a registered limited commercial applicator's or a registered
public applicator's operation at any one location is so extensive that
one individual cannot adequately supervise all pest control
recommendations, soliciting, mixing, loading, and applications of
pesticides, more than one qualified supervisor must be employed by the
registered limited commercial applicator or a registered public
applicator.

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 mixes, or
loads, or applies 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 retirements 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 become a certified operator 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.

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, 2006 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 perform the acts for which
a private applicator license is required 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 § 2.53. 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 3.	Examination.

3.1.	The Commissioner, or his or her designate administrator, shall
administer a general examination and/or an examination in each category
established by these rules. Each examination is for the purpose of
licensing as a qualified supervisor, certified operator, or private
applicator. An individual may take such examinations for the purpose of
obtaining a license.

3.2.	Each applicant for examination shall file an application for
examination on a form provided by the Commissioner and 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
application for licensure as a qualified supervisor, certified operator,
or private applicator or any fee for licensure as a commercial
applicator.

3.3.	Each applicant shall be required to obtain the grade designated as
passing on each section of the examination (s) under which he or she
wishes to qualify. All examinations shall be graded uniformly.

3.4.	Each applicant for examination shall complete an identification
form, provided by the Commissioner, for the Commissioner's use in
identifying persons who take the examinations. The information on the
identification form shall consist of that which is reasonably necessary
or appropriate for ensuring the integrity of the examination process,
such as the physical description of the applicant.

3.5.	Examinations shall be graded without reference to the application
or personal identification forms which have been completed by the
applicant.

3.6.	The Commissioner shall keep an applicant's test results on file for
a period of one year from the date of examination. Such results may be
used by an applicant for licensing during that period of time. If an
applicant fails to complete the licensing process within one year of the
examination date, he or she shall be required to take new examinations
in all applicable categories in which he or she wishes to be licensed.

3.7.	The Commissioner may furnish, for a fee, study guides for the use
of persons preparing for the examinations given under the Act. The fees
for this material shall be sufficient to cover the cost of printing and
postage.

3.8.	Examination security provisions:

(a)	No applicant or licensee testing in any qualified supervisor or
certified operator licensure category shall use any outside information
not provided by the Commissioner or his designee while taking a closed
book examination, remove any examination question or answer sheets from
the room where the examination is given, nor shall any applicant or
licensee cause any examination question or answer to be disseminated to
any person not employed by the Commissioner by any means whatsoever.

(b)	No applicant or licensee testing for a private applicator license,
or person proctoring a private applicator test session, shall cause any
examination question or answer to be disseminated to any person not
employed by the Commissioner by any means whatsoever. No person other
than the applicant or licensee may complete the private applicator
examination form.

Part 4.	Continuing Education Requirements.

Subpart A	General Continuing Education Requirements for Qualified
Supervisor and Certified Operator

4.1.	In order to renew a license without examination, each qualified
supervisor and each certified operator must obtain the following credits
prior to the expiration of his license:

(a)	2 credits in the subject area of applicable state, federal, and
local laws and regulations;

(b)	1 credit in the subject area of pesticides and their families;

(c)	1 credit in the subject area of applicator safety;

(d)	1 credit in the subject area of public safety;

(e)	1 credit in the subject area of environmental protection;

(f)	1 credit in the subject area of use of pesticides; and

(g)	1 credit for each licensed category in the subject area of pest
management except for those categories described in subsection (h) of
this § 4.1 below.

(h)	2 credits for each of the following licensed categories:
residential/commercial pest control, turf pest control and ornamental
pest control.

4.2.	In order for a qualified supervisor or a certified operator
attending a course to receive relicensing or continuing education
credit:

(a)	the course must be approved in advance by the Commissioner;

(b)	request for approval must be in writing;

(c)	requests for approval must be submitted by the sponsors;

(d)	requests for approval must be submitted no less than fifteen days
prior to the course; and

(e)	requests for approval shall include the proposed agenda, the
identity of all speakers at pertinent course(s) and a synopsis of the
topics to be addressed in each course for which credit is being
requested.

4.3.	If the Commissioner receives a request for continuing education
approval at least sixty days prior to the course date, the Commissioner
will notify applicators of the approval for continuing education
credits. The Commissioner will not provide notification of such approval
if the request for its approval was received less than sixty days prior
to the course.

4.4.	The list of those attending each approved course shall be sent by
the sponsor to the Commissioner no later than 7 days after the
conclusion of the course. It is the individual's responsibility to
confirm that his or her name appears on the attendance list when he or
she attends an approved course.

4.5.	A course will be approved for continuing education credit if, in
the opinion of the Commissioner, it covers at least one topic from the
following subject areas adequately to justify the approval for credit.
(Subject areas and subtopics are listed in Subpart C - I of this
section.)

Subpart B	General Continuing Education Requirements For Private
Applicators 

4.6.	In order to renew a license without examination, each private
applicator must obtain the following credits prior to the expiration of
his or her license:

(a)	2 credits in the subject area of applicable state, federal and local
laws and regulations;

(b)	1 credit in the subject area of pesticides and their families;

(c)	1 credit in the subject area of applicator safety;

(d)	1 credit in the subject area of public safety;

(e)	1 credit in the subject area of environmental protection; and

(f)	1 credit in the subject area of use of pesticides. 

4.7.	In order for a private applicator attending a course to receive
relicensing or continuing education credit:

(a)	the course must be approved in advance by the Commissioner;

(b)	request for approval must be in writing;

(c)	requests for approval must be submitted by the sponsors;

(d)	requests for approval must be submitted no less than fifteen days
prior to the course; and

(e)	requests for approval shall include the proposed agenda, the
identity of all speakers at pertinent course(s) and a synopsis of the
topics to be addressed in each course for which credit is being
requested.

4.8.	If the Commissioner receives a request for continuing education
approval at least sixty days prior to the course date, the Commissioner
will notify applicators of the approval for continuing education
credits. The Commissioner will not provide notification of such course
approval if the request for its approval was received less than sixty
days prior to the course.

4.9.	The list of those attending each approved course shall be sent by
the sponsor to the Commissioner no later than 7 days after the
conclusion of the course. It is the individual's responsibility to
confirm that his or her name appears on the attendance list when he or
she attends an approved course.

4.10.	A course will be approved for continuing education credit if, in
the opinion of the Commissioner, it covers at least one topic from the
following subject areas adequately to justify the approval for credit.
(Subject areas and subtopics are listed in Subparts C – H of this
section.)

Subpart C	Applicable State, Federal, and Local Laws and Regulations

4.11.	State, federal and local regulations dealing with: pesticides,
application, disposal, notification, transportation, registration, uses,
licensing, worker protection, endangered species, storage, residues and
tolerances, emergency planning and right to know, advertising, record
keeping, business practices, insurance, training standards, supervision,
agricultural chemicals and groundwater, or consumer protection.

4.12.	Compliance problems/actions, analysis of most frequent violations,
and discussions of specific problems and actions.

Subpart D	Pesticides and Their Families

4.13.	Pesticide label and labeling including: label requirements, label
terminology, and effect of failure to comply with label requirements.

4.14.	Pesticides in general including: families and types, mode of
action, and other properties.

4.15.	Formulation of pesticides: types, properties, advantages,
limitations, toxicity, dilution, mixing, and uses.

4.16.	Semiochemicals for pest detection and control.

4.17.	Adjuvants and additives.

4.18.	Specific pesticide characteristics and concepts including:
compatibility, synergism, persistence, environmental fate, resistance,
mode of action (contact, systemic, etc.), mobility, leachability,
potential for biological concentration and/or accumulation, volatility,
solubility, inert ingredients and/or carriers, and phytotoxicity.

4.19.	National trends on pesticide problems.

Subpart E	Applicator Safety

4.20.	Safe use of pesticides by the applicator including: label
requirements, transportation, mixing, loading, disposal, equipment
cleanup, spill management, storage, application, and precautions to
prevent exposure and injury.

4.21.	Applicator protection including selection, care, and maintenance
of protective clothing and safety equipment.

4.22.	Human health effects including: acute and chronic toxicity, hazard
determination, routes of exposure, symptoms of pesticide poisoning, and
allergies.

4.23.	First aid and emergency actions for pesticide exposure and use
related injuries.

4.24.	Reference sources pertinent to applicator safety including:
Material Safety Data Sheet(s) (MSDS), telephone hotlines, emergency
procedures, and label requirements.

4.25.	Major label revisions and national trends and updates relevant to
applicator safety.

4.26.	Responsibilities of qualified supervisors, certified operators,
technicians and other employees.

Subpart F	Public Safety

4.27.	Safe use of pesticides by the applicator including: label
requirements, transportation, mixing, loading, disposal, equipment
cleanup, spill management, storage, application, and precautions to
prevent exposure and injury.

4.28.	Human health effects including: acute and chronic toxicity, hazard
determination, routes of exposure, symptoms of pesticide poisoning, and
allergies.

4.29.	Reference sources pertinent to public safety including: Material
Safety Data Sheet (s) (MSDS), telephone hotlines, emergency procedures,
and label requirements.

4.30.	Major label revisions and national trends and updates relevant to
public safety.

4.31.	Responsibilities of qualified supervisors, certified operators,
technicians and other employees.

4.32.	Public education about pesticides and pesticide application,
public relations, communication and trouble shooting.

4.33.	Pesticide sensitivities, allergies, and phobias including
chemophobia and entomophobia.

Subpart G	Environmental protection

4.34.	Precautions to protect the environment and minimize the effects of
pest management on it, including: identification of meteorological and
climatic factors affecting application (drift, runoff, etc.);
identification of terrain, soil, substrata influence on possible surface
and ground water contamination; recognition of sensitive areas and
organisms that could be affected by application, drift and runoff such
as endangered species, wildlife, ornamentals, beneficial insects,
humans, and domestic animals; identification of methods of spill
prevention, control, and cleanup; observation of preharvest intervals;
timing of applications for specific pest controls; and pesticide storage
and transportation.

4.35.	Major label revisions and national trends and updates relevant to
environmental protection.

4.36.	Responsibilities of qualified supervisors, certified operators,
technicians and other employees.

Subpart H	Use

4.37.	Mixing and loading including: proper mixing and loading
techniques, label requirements, closed systems, adjuvants for drift
control and other purposes, measuring, pH of water and other factors to
consider, procedures for spill prevention, control and clean up, site
location and construction, prevention of contamination, and security.

4.38.	Application including: proper application techniques, techniques
to control off target movement, new application techniques, procedures
for spill prevention, control and clean up, label requirements.

4.39.	Equipment including: calibration, selection of correct equipment
for the job, maintenance and care, clean up, new equipment.

4.40.	Storage and disposal including: bulk storage, label requirements,
site requirements such as ventilation, containment, procedures for spill
prevention, control and clean up, disposal of containers, rinsate,
excess material, security, fire prevention, posting, temperature,
product separation to prevent cross contamination.

4.41.	Responsibilities of qualified supervisors, certified operators,
technicians and other employees.

4.42.	Major label revisions and national trends and updates relevant to
pesticide use.

4.43.	Practical demonstration of use methods and techniques.

Subpart I	Pest Management

4.44.	Identification and biology including: principles of host and pest
identification and recognition of such organisms, principles of
site/habitat identification, damage and/or symptoms caused by pests,
recognition of beneficial organisms, understanding host, pest and
beneficials life cycles and susceptible stages, and evaluate
environmental conditions and ecology on host and pest biology.

4.45.	Pest management criteria including: determining economic or
aesthetic threshold levels, consideration of environmental impact of
control methods, selection of control method, post-treatment evaluation,
ability to integrate various pest management methods, comparative
effectiveness of management methods and techniques, sampling and survey
techniques, host and pest resistance, effects of control methods on host
and off target organisms, timing of control alternatives, and pest
management history.

4.46.	Chemical control methods and practices including: select material,
formulation, and/or equipment, determine dosage of selected control,
selection of proper pesticides and adjuvants for a particular job, and
timing of pesticide application.

4.47.	Alternative control methods and practices including: mechanical,
biological, cultural, and physical methods, and timing of control
methods.

4.48.	References for decision making for pest management.

4.49.	Major label revisions, evolution of pest management, and national
trends and updates relevant to pest management.

Part 5.	Technician Training.

Subpart A	General

5.1.	Definitions. For purposes of this part 5 unless the context
otherwise requires:

(a)	“Applicator technician” means a technician whose job includes
the use of pesticides;

(b)	“Experienced technician” means a technician who has been trained
and has the following minimum experience within the past 3 years: for
applicator technicians doing structural applications, 6 months of
experience including time in training, for applicator technicians doing
agricultural, turf, ornamental or turf and ornamental applications, 1
season of experience including time in training, and for sales
technicians, 1 season of sales experience;

(1)	“New hire experienced technician” means any technician who has
met the experience requirements, outlined in subpart (B) of this Part 5,
within the last 3 years, but is a new employee of a commercial
applicator, registered limited commercial applicator, or registered
public applicator.

(2)	“On-going experienced applicator technician” means an individual
who has met the definition of an experienced technician and continues to
work for the same commercial applicator, registered limited commercial
applicator, or registered public applicator.

(c)	“Sales technician” means a technician whose sole job is selling
application services; and

(d)	“Selling application services” means the sale of a pesticide
application. Selling application services does not include the sale of
an evaluation service, inspection service, or recommendation service. To
qualify as a sale of an application service, the seller must make an
evaluation of pest problems or a recommendation of pest controls using
pesticides. A seller does not make an evaluation of pest problems or a
recommendation of pest controls using pesticides if the seller answers
questions from a customer using an answer sheet prepared by a licensed
qualified supervisor.

(e)	“Flagger technician” means an individual employed and
compensated by the applicator who designates, with a flag or any other
identification, the alignment of a pesticide application during the
application of pesticides at that site.

5.2.	Scope of part 5.

(a)	A person will not be considered a technician for purposes of these
rules if said person uses, sells, or recommends a general use pesticide
while under the on site supervision of a qualified supervisor.

(b)	A person who evaluates any pest problem while under the on site
supervision of a qualified supervisor will not be considered a
technician.

(c)	A person must be a technician or must be training to be a technician
if said person uses, sells, or recommends a restricted use pesticide
while under the on site supervision of a qualified supervisor.

(d)	A person must be a technician or must be training to be a technician
if said person uses, sells, or recommends a general use pesticide while
on the job with a certified operator or experienced technician.

(e)	A person may not use, sell, or recommend, general use pesticides
unaccompanied by a qualified supervisor, certified operator, or
experienced technician without completing the training required by these
rules.

(f)	For the purposes of determining if a person is experienced and/or
trained, upon a showing of exceptional circumstances by a commercial
applicator, the Commissioner may waive all or part of the experience and
training requirements specified in these rules. The Commissioner may
accept, with sufficient verification, valid relevant field experience
and training obtained from sources other than the commercial applicator
in this state or any other state so long as safety is not compromised
and the person has the necessary pertinent application skills,

(g)	The amount of time given to each topic covered by these rules is
discretionary with the trainer. However, the technician's training must
be relevant to each technician's job duties.

(h)	Each commercial, registered limited commercial, or registered public
applicator licensed or registered in any category shall maintain a form
established by the Commissioner for each technician trained by said
commercial applicator.

(i)	Each commercial, registered limited commercial, or registered public
applicator licensed or registered in any category may give a written
examination to trained technicians to determine the comprehension of
subjects covered by the training. However, said examination shall not in
any manner substitute for any of the training required by these rules.

Subpart B	Agricultural

5.3.	Except as otherwise expressly provided in these rules, each
applicator technician and flagger technician working for a commercial
applicator, registered limited commercial applicator, or registered
public applicator licensed or registered in any agricultural category
shall have at a minimum 36 hours of training:

(a)	At least 12 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; and

(b)	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 1 season of agricultural pesticide application
experience 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.

5.4.	Except as otherwise expressly provided in these rules, each sales
technician working for a commercial applicator licensed in any
agricultural category shall have at a minimum 36 hours of training:

(a)	At least 12 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;

(b)	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 1 season of agricultural pesticide application
experience 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

(c)	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.

5.5.	Except as otherwise expressly provided in these rules, each
on-going experienced applicator technician, flagger technician, and
sales technician continuing to work for the same commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in any agricultural category shall
have, during each year of employment 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 1
season of agricultural pesticide application experience within the last
2 years. The qualified supervisor shall determine from those topics
enumerated in § 5.3 the training required. Said training may be either
classroom-instructional or on the job training as determined by the
qualified supervisor.

5.6.	Except as otherwise expressly provided in these rules, each new
hire experienced technician and flagger technician working for a
commercial applicator, registered limited commercial applicator, or
registered public applicator licensed or registered in any agricultural
category shall have at a minimum 16 hours of training:

(a)	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;

(b)	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 1 season of agricultural
pesticide application experience 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;

(c)	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

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

Subpart C	Turf

5.7.	Each applicator technician working for a commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in the turf category shall have at a
minimum 36 hours of training:

(a)	At least 8 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, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 4 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	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 1 season of turf pesticide application experience
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.

5.8.	Each sales technician working for a commercial applicator licensed
in the turf category shall have at a minimum 40 hours of training:

(a)	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, pesticide
label and labeling, and public safety;

(b)	At least 8 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	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 1 season of turf pesticide application experience
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,
pesticides and their families, pest management, pesticide label and
labeling, host and pest identification, and public safety.

5.9.	Each technician who acts as both a sales technician and an
applicator technician working for a commercial applicator, registered
limited commercial applicator, or registered public applicator licensed
or registered in the turf category shall have at a minimum 48 hours of
training:

(a)	At least 8 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, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 16 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	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 qualified
supervisor or licensed certified operator has at least 1 season of turf
pesticide application experience 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.

5.10.	Each on-going experienced applicator technician and sales
technician continuing to work for the same commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in the turf category shall have,
during each year of employment 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 1 year of turf
pesticide application experience within the last 2 years. The qualified
supervisor shall determine from those topics enumerated in § 5.9 the
training required. Said training may be either classroom-instructional
or on the job training as determined by the qualified supervisor.

5.11.	Each new hire experienced technician working for a commercial
applicator, registered limited commercial applicator, or registered
public applicator licensed or registered in the turf category shall have
at a minimum 16 hours of training:

(a)	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;

(b)	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 qualified supervisor or licensed certified operator has at
least 1 season of turf pesticide application experience within the last
2 years which training shall cover: use, equipment and calibration,
pesticides and their families, pest management, applicator safety,
pesticide label and labeling, host and pest identification, and public
safety;

(c)	The remaining 4 hours shall be divided between classroom and the job
site as the need is determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

Subpart D	Ornamental

5.12.	Each applicator technician working for a commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in the ornamental category shall have
at a minimum 40 hours of training:

(a)	At least 8 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, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 8 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	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 1 season of ornamental pesticide application
experience 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.

5.13.	Each sales technician working for a commercial applicator licensed
in the ornamental category shall have at a minimum 48 hours of training:

(a)	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, pesticide
label and labeling, and public safety;

(b)	At least 16 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	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 1 season of ornamental pesticide application
experience 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,
pesticides and their families, pest management, pesticide label and
labeling, host and pest identification, and public safety.

5.14.	Each technician who acts as both a sales technician and as an
applicator technician working for a commercial applicator, registered
limited commercial applicator, or registered public applicator licensed
or registered in the ornamental category shall have at a minimum 56
hours of training:

(a)	At least 8 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, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 24 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	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 1 season of ornamental pesticide application
experience 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.

5.15.	Each on-going experienced applicator technician and sales
technician continuing to work for the same commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in the ornamental category shall have,
during each year of employment 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 1 year of
ornamental pesticide application experience within the last 2 years. The
qualified supervisor shall determine from those topics enumerated in §
5.14 the training required. Said training may be either
classroom-instructional or on the job training as determined by the
qualified supervisor.

5.16.	Each new hire experienced technician working for a commercial
applicator, registered limited commercial applicator, or registered
public applicator licensed or registered in the ornamental category
shall have at a minimum 16 hours of training:

(a)	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;

(b)	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 qualified supervisor or licensed certified operator has at
least 1 season of ornamental pesticide application experience within the
last 2 years. Said training shall cover: use, equipment and calibration,
pesticides and their families, pest management, applicator safety,
pesticide label and labeling, host and pest identification, and public
safety;

(c)	The remaining 4 hours shall be divided between classroom and the job
site as the need is determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

Subpart E	Turf and Ornamental

5.17.	Each applicator technician working for a commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in both the turf category and the
ornamental category shall have at a minimum 60 hours of training:

(a)	At least 8 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, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 12 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	At least 40 hours of which shall be on the job training. At least 16
hours of this training shall be conducted by a licensed qualified
supervisor or a licensed certified operator which licensed certified
operator has at least 1 season of turf and ornamental pesticide
application experience within the last 2 years. No more than 24 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.

5.18.	Each sales technician working for a commercial applicator licensed
in both the turf category and the ornamental category shall have at a
minimum 64 hours of training:

(a)	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, pesticide
label and labeling, and public safety;

(b)	At least 24 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	At least 32 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 qualified
supervisor or licensed certified operator has at least 1 season of turf
and ornamental pesticide application experience within the last 2 years.
No more than 24 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.

5.19.	Each technician who acts as both a sales technician and as an
applicator technician working for a commercial applicator, registered
limited commercial applicator, or registered public applicator licensed
or registered in both the turf category and the ornamental category
shall have at a minimum 80 hours of training:

(a)	At least 8 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, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 32 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(c)	At least 40 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 1 season of turf and ornamental pesticide
application experience within the last 2 years. No more than 32 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.

5.20.	Each on-going experienced applicator technician and sales
technician continuing to work for the same commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in both the turf category and the
ornamental category shall have, during each year of employment 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 1 year of turf and ornamental pesticide
application experience within the last 2 years. The qualified supervisor
shall determine from those topics enumerated in § 5.19 the training
required. Said training may be either classroom-instructional or on the
job training as determined by the qualified supervisor.

5.21.	Each new hire experienced technician working for a commercial
applicator, registered limited commercial applicator, or registered
public applicator licensed or registered in both the turf category and
the ornamental category shall have at a minimum 16 hours of training:

(a)	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;

(b)	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 1 season of turf and ornamental
pesticide application experience 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;

(c)	The remaining 4 hours shall be divided between classroom and the job
site as the need is determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

Subpart F	Structural

5.22.	Each applicator technician and sales technician working for a
commercial applicator, registered limited commercial applicator, or
registered public applicator licensed or registered in the structural
categories of wood destroying organism pest control, fumigation, or
residential/commercial pest control shall have at a minimum 160 hours of
training:

(a)	At least 32 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;

(b)	At least 120 hours of which shall be on the job training. At least
60 hours of this training shall be conducted by a licensed qualified
supervisor or a licensed certified operator which licensed certified
operator has at least 1 year of structural pesticide application
experience within the last 2 years. No more than 60 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,
applicator safety, pesticide label and labeling, host and pest
identification, and public safety;

(c)	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; and

(d)	Successfully complete a written examination prepared and given by
the commercial applicator showing overall comprehension of the subject
matter of the training.

5.23.	Each on-going experienced applicator technician and sales
technician continuing to work for a commercial applicator, registered
limited commercial applicator, or registered public applicator licensed
or registered in the structural categories of wood destroying organism
pest control, fumigation, or residential/commercial pest control shall
have during each year of employment after the first season of
experience, at a minimum, the following on-going training:

(a)	2 hours per month of training which training shall over a period of
6 months include at least 3 hours of classroom-instructional training. 9
hours shall be divided between classroom-instructional training and on
the job training as the need is determined by the qualified supervisor.
Said classroom-instructional training and on the job training shall be
conducted by either a licensed qualified supervisor or licensed
certified operator which licensed certified operator has at least 1 year
of structural pesticide application experience within the last 2 years.
Said training shall cover those areas enumerated in § 5.22; and

(b)	Successfully complete a written examination prepared and given by
the commercial applicator showing overall comprehension of the subject
matter of the training.

5.24.	Each new hire experienced technician working for a commercial
applicator, registered limited commercial applicator, or registered
public applicator licensed or registered in the structural categories of
wood destroying organism pest control, fumigation, or
residential/commercial pest control shall have at a minimum 32 hours of
training:

(a)	At least 16 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; and

(b)	At least 16 hours of which shall be the job training conducted by a
licensed qualified supervisor or a licensed certified operator which
licensed certified operator has at least 1 year of structural pesticide
application experience within the last 2 years which training shall
cover: use, equipment and calibration, applicator safety, pesticide
label and labeling, host and pest identification, and public safety.

(c)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

5.25.	Each applicator technician working for a commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in the structural categories of
outdoor vertebrate pest control, stored commodities treatment, wood
preservation and wood products treatment, or interior plant pest control
shall have at a minimum 36 hours of training:

(a)	At least 12 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; and

(b)	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 1 season of structural pesticide application
experience 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.

5.26.	Each sales technician working for a commercial applicator licensed
in the structural categories of outdoor vertebrate pest control, stored
commodities treatment, wood preservation and wood products treatment, or
interior plant pest control shall have at a minimum 36 hours of
training:

(a)	At least 12 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;

(b)	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 1 season of structural pesticide application
experience 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

(c)	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.

5.27.	Each on-going experienced applicator technician and sales
technician continuing to work for the same commercial applicator,
registered limited commercial applicator, or registered public
applicator licensed or registered in the structural categories of
outdoor vertebrate pest control, stored commodities treatment, wood
preservation and wood products treatment, or interior plant pest control
shall have, during each year of employment 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 1
season of structural pesticide application experience within the last 2
years. The qualified supervisor shall determine from those topics
enumerated in § 5.25 the training required. Said training may be either
classroom-instructional or on the job training as determined by the
qualified supervisor.

5.28.	Each new hire experienced technician working for a commercial
applicator, registered limited commercial applicator, or registered
public applicator licensed or registered in the structural categories of
outdoor vertebrate pest control, stored commodities treatment, wood
preservation and wood products treatment, or interior plant pest control
shall have at a minimum 16 hours of training:

(a)	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;

(b)	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 1 season of structural
pesticide application experience 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;

(c)	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

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

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.

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 labeling 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.

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 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 in subsection (b) 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.

Part 10.	Structural Applicators.

10.01.	The structural pest control classification includes the following
categories.

(a)	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)	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, and any other
vertebrate pest, except rats and mice.

(c)	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)	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)	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)	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)	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, 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 11.	Storage.

Subpart A	Storage Requirements for Commercial, Registered Limited
Commercial, Registered Public Applicators

11.01.	All commercial, registered limited commercial, or registered
public applicators shall store pesticide concentrates and dilute
mixtures using methods which are reasonably calculated to prevent the
contamination of other products by means of volatilization, leakage,
breakage or other causes, and which are reasonably calculated to avoid
the creation of an unreasonable risk of harm to persons, property,
domestic or wild animals, or the environment.

11.02.	Pesticide storage areas shall be kept clean and orderly, and
pesticide containers shall be positioned so that they are not exposed to
unreasonable risk of damage to the containers or their labels.

11.03.	Indoor pesticide storage areas shall be secured from access by
unauthorized persons, including the general public, and locked when the
building is unoccupied by an applicator or his employees.

11.04.	Outdoor pesticide storage areas shall be fenced or walled, and
locked. Pesticides and pesticide containers shall be covered or
otherwise protected from the elements, in a manner which is reasonably
calculated to minimize the risk of damage to labels, and to avoid the
creation of an unreasonable risk of harm to persons, property or
domestic or wild animals.

11.05.	Pesticide storage areas shall be marked with a sign, in letters
at least one inch high, which reads: “WARNING: HAZARDOUS MATERIALS
(PESTICIDES) ARE CONTAINED WITHIN. In case of emergency, contact: (name)
at (telephone number).” Compliance with this rule is not necessary for
any person who has marked his storage areas with signs which comply with
the local fire department requirements.

11.06.	Each commercial, registered limited commercial, or registered
public applicator storing pesticides shall inform the local fire
department of the location of the pesticide storage, and shall provide
the fire department with material safety data sheets for all pesticides
held at the location.

11.07.	Each commercial, registered limited commercial, or registered
public applicator who stores pesticides shall have available, at each
storage location, in good working order, one or more fire extinguishers
rated for chemical fires, and materials for use in cleaning up pesticide
spills.

11.08.	A service container that is not at all times in the immediate
custody or control of a qualified supervisor, certified operator, or
technician shall have prominently displayed thereon the following
information from the label affixed to the pesticide's original
container: the common name of each active ingredient, if there is such a
common name, or the chemical name of each active ingredient; the EPA
Registration Number; each and every human hazard signal word shown on
the label, and the name of the commercial, registered limited
commercial, or registered public applicator. For purposes of this
section 11.08, “service container” shall mean any container holding
pesticide, whether in a concentrated or diluted form, other than the
pesticide's original container, that is of a size and capacity that
permits it to be carried or moved by only one individual, unaided by any
tool or apparatus; and “human hazard signal word” shall mean those
human hazard signal words required by the U.S. Environmental Protection
Agency in its rules and regulations at 40 C.F.R. § 156.10(h) (1995), to
be shown on the front panel of the label affixed to the pesticide's
original container. Compliance with this rule is not necessary if the
service container is marked in compliance with the rules and regulations
of the occupational safety and health administration, U.S. Department of
Labor at 29 C.F.R. § 1910.1200 and appendices A through E, inclusive,
thereto (1995), applicable to hazard communication for chemicals.

(a)	The incorporation in this section of the aforesaid regulations of
the U.S. Environmental Protection Agency and the Occupational Safety and
Health Administration, U.S. Department of Labor does not include any
later amendments to or editions of such incorporated material.

(b)	Information concerning the aforesaid incorporated regulations of the
U.S. Environmental Protection Agency and the Occupational Safety and
Health Administration, U.S. Department of Labor may be obtained from:

Deputy Commissioner

Colorado Department of Agriculture

700 Kipling St, Suite 4000

Lakewood, CO  80215-8000

and may be examined at any state publications depository library.

Subpart B	Storage Requirements for Licensed Private Applicators

11.09.	All licensed private applicators shall store pesticide
concentrates and dilute mixtures using methods which are reasonably
calculated to prevent the creation of an unreasonable risk of harm to
persons, property, domestic or wild animals, or the environment.

11.10.	Pesticide containers shall be stored so that they are not exposed
to unreasonable risk of damage to the containers or their labels.

11.11.	Pesticides and pesticide containers, stored in outdoor pesticide
storage areas, shall be covered or otherwise protected from the
elements, in a manner which is reasonably calculated to minimize the
risk of damage to labels, and to avoid the creation of an unreasonable
risk of harm to persons, property or domestic or wild animals.

Part 12.	Registry of Pesticide-Sensitive Persons.

12.01.	Persons who apply to be placed on the pesticide-sensitive
registry, which registry is hereby established, shall complete and
submit an application for said registry. Said application shall be on a
form provided by the Commissioner. The application shall include a
statement of proof of medical justification by a physician licensed in
the state of Colorado.

12.02.	Persons who apply to be placed on the registry or who apply for
renewal of their registration, shall list those addresses which abut
their residence.

12.03.	Each registration shall expire on November 1 of each year.

12.04.	Each person shall report to the Commissioner, on a form provided
by the Commissioner, any change to the information provided in such
person's application or in such reports previously submitted, within
fifteen days of such change.

12.05.	Each person shall make an application to renew his registration
on or before the first working day of November for the year of renewal.
Said application shall be on a form provided by the Commissioner. The
renewal application form shall include a statement of proof of medical
justification by a physician licensed in the state of Colorado, which
must be submitted every two years.

Subpart A	Ornamental Notification

12.06.	A commercial, registered limited commercial, or registered public
applicator shall take reasonable actions to give notice of the date and
approximate time of any turf or ornamental pesticide application, prior
to the application, to any person who resides on property which abuts
the property to be treated and whose name is on the published registry.
An applicator may meet this requirement by making not less than two
attempts to notify any owner or tenant who is on the registry. Such
attempts shall be made as early as practicable but not later than
twenty-four hours before the application.

12.07.	Notice may be by any method, including telephone, mail or
personal notification. If attempts at notification by the applicator
fail, and a pesticide application is necessary, the commercial,
registered limited commercial, or registered public applicator shall
attempt to notify the resident in person immediately prior to the
application. Notice of the application and attempts at notification
shall be placed on the door of the person requesting notification if all
notification attempts fail.

Subpart B	Structural Notification

12.08.	A commercial, registered limited commercial, or registered public
applicator shall take reasonable actions to give notice of the date and
approximate time of any wood-destroying, residential/commercial, or
interior plant pest control pesticide application, made to multi-unit
dwellings, prior to the application, to any person who resides in the
multi-unit dwelling to be treated and whose name is on the published
registry unless otherwise noted in 12.10 of this section. 

12.09.	An applicator may meet the notification requirement by making not
less than two attempts to notify any owner or tenant who is on the
registry. Such attempts shall be made as early as practicable but not
later than twenty-four hours before the application.  Notice may be by
any method, including telephone, mail or personal notification. If
attempts at notification by the applicator fail, and a pesticide
application is necessary, the commercial, registered limited commercial
or registered public applicator shall attempt to notify the resident in
person immediately prior to the application. Notice of the application
and attempts at notification shall be placed on the door of the person
requesting notification if all notification attempts fail. 

12.10.	The following circumstances do not require notification, as
outlined in 12.08 of this section, by structural applicators:  

a)	Emergency structural applications needed to ensure the safety or
welfare of the general public, where it is not reasonably possible to
comply with the notification requirements outlined in §12.08.  

i)	Applications specified in this section, 12.10(a), require the
applicator to attempt to notify any owner or tenant who is on the
registry immediately prior to the application.  

ii)	Upon completion of the pesticide application, the applicator shall
leave for each person on the registry, a printed or legibly written
notice stating the name of each pesticide applied, the date and time the
application was made, placement of the treatment, and such precautionary
statements from the label of the pesticide that are necessary or
appropriate to avoid endangering the pesticide sensitive person’s
health. 

iii)	The notification requirement in this section (a) is in addition to
the requirements for the notice of application outlined in sections
10.04 and 10.05 of these rules.

 b)	The use of rodenticide baits or insecticide baits that are in any of
the following formulations: gel baits, solid baits, granular, or
self-contained bait stations that prevent contact with the insecticide
or rodenticide. Applications shall only be applied to common areas, in a
manner where no physical contact can be made with the pesticide, or
units, other than the pesticide sensitive person’s individual dwelling
unit. Compliance with the notice of application requirements in sections
10.04 and 10.05 of these rules are still required.  

Part 13.	Notification of Pesticide Applications.

13.01.	Any commercial, registered limited commercial, or registered
public applicator making a pesticide application in any turf or
ornamental category shall post, at the time of application, at least one
sign notifying the public of the application.

13.02.	The bottom of each notice-of-application sign must project at
least 18 inches above the ground and the top of the sign shall be no
higher than 48 inches above the ground.

13.03.	The sign must be posted on a lawn or yard at the property
boundary between two feet and five feet from the sidewalk; if there is
no sidewalk, between two and five feet from the road; or, if there is no
road, between two and five feet from the property boundary. When
landscaping or other conditions would make a sign inconspicuous or
illegible if the sign were posted within the distances specified in this
paragraph, the sign shall be posted in a similar manner such that it is
conspicuous and easily legible to any adult or child entering or passing
the property on foot.

13.04.	For greenbelts, parks, golf courses, athletic fields,
playgrounds, common property of multi-unit residential and commercial
properties, or other similar recreational or common property, the signs
must be posted immediately adjacent to areas within the property where
pesticides have been applied in a manner that is conspicuous and easily
legible to any adult or child entering the treated area(s). For
applications on a golf course, the applicator shall post a sign at the
clubhouse and at the first tee and the tenth tee notifying the public of
the application.

13.05.	Any commercial, registered limited commercial, or registered
public applicator making an aquatic pesticide application in any body of
water with any legal public access shall post a sign notifying the
public of the application at each place of legal public access.

Part 14.	Invoice Statement.

14.01.	Each commercial applicator shall include the following statement
in at least 10 point legible type on the front, either at the top or
bottom, of each customer invoice.

Commercial applicators are licensed by the Colorado Department of
Agriculture.

14.02.	This requirement may be met by any means other than handwriting
or hand-printing including without limitation, printing, printed
sticker, stamping, or typewriting.

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.

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.

16.01.	January 17, 1992 - Effective March 1, 1992

These rules are adopted by the Commissioner of the Department of
Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1991
Supp.).

The purpose of these rules is to: revise the licensing procedures for
commercial applicators pursuant to § 35-10-118 (2) (b), (c), and (d);
revise the licensing procedures for qualified supervisors pursuant to §
35-10-118 (2)(b) and (c); adopt registration procedures for limited
commercial and public applicators pursuant to § 35-10-118 (2) (b) and
(c); adopt licensing procedures for certified operators pursuant to §
35-10-118 (2)(b), (2) (c) and (4) ; and adopt technician training
requirements pursuant to § 35-10-118 (2), § 35-10-106 (l)(c), and §
35-10-110 (3) of the Pesticide Applicators' Act, Title 35 Article 10,
C.R.S. (1991 Supp.).

Most issues encountered when developing these rules were neither
exclusively factual nor exclusively policy. Consequently most issues
were considered as both factual and policy.

Factual issues encountered when developing these rules include:

1.	Commercial applicators are subcontracting with commercial applicators
to perform pesticide applications. This activity can be divided into,
two categories. First, there are subcontracts involving applications in
the categories for which both commercial applicators are licensed. An
example of this would be a commercial applicator licensed in
agricultural weed control, but who has ground application equipment
only, subcontracting with a qualified licensee applications for
agricultural weed control that require application by air. Second, there
are subcontracts involving applications for which the contracting
commercial applicator is not licensed, but the subcontracting commercial
applicator is. An example of this would be a commercial applicator
licensed only in turf weed control subcontracting with a commercial
applicator licensed in industrial and right of way applications for weed
control in that category. Enforcement questions have arisen as to whom
is responsible for such applications, i.e., the contracting applicator,
the subcontracting applicator, or both.

2.	A certificate of good standing from the Secretary of State will
establish that an applicant for license is a bonafide business prior to
issuance of such license.

3.	In trying to define the level at which registration of public
applicators should occur, the myriad of political subdivisions that may
not need to register, nor choose to do so, while a sister subdivision
may be required to do so by their use of restricted use pesticides was
considered. It was decided to let each political entity determine what
subdivision best described them as public applicators.

4.	Expiration dates issued from the date of licensing have little
meaning to the license holder. The birth date of the qualified
supervisor and certified operator was chosen for the expiration date of
their licenses, except for licenses issued pursuant to § 35-10-118(4).

5.	The revised statute requires restricted use pesticides to be applied
by a licensed qualified supervisor, licensed certified operator, or
under the on site supervision of a licensed qualified supervisor. In the
agricultural categories the pesticides being applied are often
classified as restricted use. It is not uncommon for commercial
applicators to employ individuals for short periods of time during the
growing season to apply pesticides. The application equipment utilized
often holds only one person. Therefore the individual applying
restricted use pesticides from equipment holding only one person must be
licensed as a qualified supervisor or certified operator. Many
individuals working on this basis are licensed to use or supervise the
use of restricted use pesticides in other states. Such licenses were
issued pursuant to examination and/or continuing education. Because of
the circumstances necessitating speedy issuance of credentials and the
prior existence of similar credentials from other jurisdictions, it was
the opinion of the advisory committee and the department that a
certified operator's license could be reciprocal. In addition, in order
to allow for emergency circumstances and still have assurance of
competency, the provision for administration of an examination by the
qualified supervisor so a person could apply restricted use pesticides
for ten days was included.

6.	When considering the requirements for continuing education the topics
needed to be relevant and the opportunity to spread out the training was
considered, as well as what areas were necessary to be updated every
three years and how much credit was needed in each of these areas.

7.	The factual issues considered when writing rules for technician
training included who is a technician, the topics each type of
technician should have knowledge about and be familiar with, the hours
of training needed to adequately cover said topics, what is used and how
the business operates, how the classroom vs. on the job training should
be divided and who is responsible for the training and who can train.

Policy issues encountered when developing theses rules include:

1.	Consideration of whom to hold responsible when a licensed commercial
applicator is subcontracting with another licensed commercial
applicator.

2.	Not defining political subdivisions allows flexibility in the
administration of registering public applicators.

3.	In considering the continuing education requirements it was decided
to allow credits vs. hours and not to assign time increments to the
credits. This was done because an update in one area where there has
been little change may be adequately covered in a minimum amount of
time, whereas an update on another topic may require several hours to be
considered adequate.

4.	In relation to technician training the goal was to provide competent
technicians using pesticides to assure proper application and
minimization of hazards while not being overly burdensome or eliminating
competition through regulation. The manner in which each business
operates was also considered, i.e. the differences between an
agricultural, turf, ornamental and structural business.

16.02.	January 31,1992 - Effective February 1, 1992

This rule is adopted under the Pesticide Applicators' Act pursuant to §
35-10-118 and pertains to the administration enforcement of the
licensing provisions authorized under Pesticide Applicators' Act.

During the 1990 legislative session, article 10 of title 35 was repealed
and reenacted. Sections 35-10-105 - 107,35-10-109- 110, and
35-10-113-116 revised the types licenses issued to pesticide applicators
by the department of agriculture and manner in which they are issued.
The revisions included registration by limited commercial and public
applicators under certain circumstances, licensing of certified
operators, and training requirements for technicians.

These rules allow the Commissioner to comply with those provisions.

The notice and hearing requirements of § 24-4-103 of the Colorado
Administrative Procedures Act have been met. In accordance with the
timelines established for rule making the effective date for these rules
will fall after the beginning of spray season. Therefore, the immediate
adoption of Part 1. - 5. is imperatively necessary for the preservation
of public health, safety, and welfare.

16.03.	September 17, 1993 - Effective October 30, 1993

These rules are adopted by the Commissioner of the Department of
Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1992
Supp).

The purpose of these rules is to: (1) set the annual licensing fee for
commercial applicators pursuant to 35-10-118 (2)(d); to permit the use
of a termiticide only in accordance with label directions; and to
houseclean the existing rules by correcting incorrect citations,
eliminate conflicting provisions, correcting misspellings, etc.

Factual issues encountered when developing the rule setting the annual
license fee for commercial applicators include:

1.	In 1983 the legislature repealed and reenacted the Pesticide
Applicators' Act. The 1983 statute established the Pesticide
Applicators' fund for the purposes of administration and enforcement of
the program. It also set the licensing fee for a commercial applicator's
license at $250.00.

2.	In 1990 the legislature repealed and reenacted the Pesticide
Applicators' Act. The current statute authorizes the Commissioner to set
the amount of the license fee for a commercial applicator, business
license, not to exceed $250.00 through licensing year 1991 and $350.00
thereafter.

3.	The licensing fee for a commercial applicator's business license has
not been raised since 1983.

4.	Program costs now exceed revenues and the fund balance has been
depleted.

Policy issues encountered when developing the rule setting the annual
license fee for commercial applicators include:

1.	The fee structure for the commercial pesticide applicator program has
been carefully considered by the Department and the Pesticide Advisory
Committee. After reviewing the projected shortfall and various fee
increases it was decided that the most prudent course at this tune was
to increase the annual commercial applicator business license fee $100
in order to help reduce the shortfall and continue the program services.

2.	The remainder of the projected shortfall will be addressed by program
cost reductions.

3.	In addition the Department and the Advisory Committee will continue
to study the program's fee structure for further refinement and
recommendations.

Factual issues encountered when developing the rule pertaining to the
use of termiticides include:

1.	Under Section 2 (ee) of the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) a pesticide application may be made at less than
labeled rate as long as the label does not prohibit such an application
and it is made in accordance with other label directions.

2.	Many applications made for the control of termites are made at less
than the labeled rate. This is especially true for pretreat
applications.

3.	To date there is no scientific data to support the efficacy of using
a termiticide at less than the labeled rate.

4.	Consumers, especially pretreat customers, may be purchasing termite
control, assuming a protection has been afforded them when in actuality
very little termiticide has been applied.

5.	Efficacy studies at less than the current labeled rate are being
performed.

6.	If the studies show efficacy at less than labeled rates, then this
rule will be reconsidered.

Policy issues encountered when developing the rule pertaining to the use
of termiticide include:

1.	The issue of applications at less than the rates stated on any label
was considered. It was decided to limit the rule to termiticide
applications only.

2.	The issue is one of consumer protection and the potential for
fraudulent applications if the 2 (ee) policy is continued as it relates
to termiticides.

3.	The Federal Insecticide, Fungicide and Rodenticide Act clearly
authorizes a state to be more restrictive than the Act, but not less.
This rule is more restrictive and falls well within statutory authority.

Factual issues encountered when developing the housekeeping measures
included incorrect citations, misspellings, conflicting provisions and
unclear provisions exist in the current rules.

Policy issues encountered when developing the housekeeping measures
included the necessity of maintaining correct rules.

16.04.	July 28, 1994 - Effective September 30, 1994

These rules are adopted by the Commissioner of the Department of
Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1993
Supp.)

The purpose of the rules is to: create a mixer/loader category pursuant
to 35-10-118 (2) (b); clarify the qualifications for licensing in the
wood destroying organisms category pursuant to 35-10-118 (2) (b);
clarify the definition of technician to include flaggers for purposes of
technician training; and correct the terminology in the requirements for
licensing as a qualified supervisor/certified operator.

Most issues encountered when developing these rules were neither
exclusively factual nor exclusively policy. Consequently most issues
were considered as both factual and policy.

Factual issues' encountered when developing these rules include:

1.	It is not unusual for commercial applicators licensed in the
agricultural categories, especially aerial applicators, to employee
individuals who only mix and load the pesticides being used. These
employees do not evaluate pest problems, make recommendations, sell
services, etc. Many of the pesticides used by applicators licensed in
the agricultural pest control categories are restricted use pesticides.
This means the employee can only handle these pesticides if they are
licensed as a certified operator or qualified supervisor, or if a
licensed qualified supervisor is on site. In order to obtain a license
an individual must successfully complete a general examination and
category specific examinations. The category specific examinations
include questions on pests, hosts, pest control and various subjects
related to evaluating pest problems, making recommendations, selling
services, etc. Since mixer/loaders do not perform these functions, and
will not perform them, the category specific examinations are difficult
for them to successfully complete and irrelevant to their job. The
subjects on the general examination cover the topics in which an
individual acting strictly as a mixer/loader would need to be
knowledgeable.

2.	To control termites a structure may be treated prior to completion or
a finished structure may be treated. The skills and knowledge needed to
perform these two different types of applications are vastly different.
The language setting out the experience for licensing in the wood
destroying organism control category was nebulous. An individual with
only pre-treat experience and knowledge could be licensed to perform any
wood destroying organism control application whether or not he had any
post-treat experience. Only a few commercial applicators perform termite
applications because of the cost of the equipment and specialization of
the service.

3.	The code of federal regulations associated with the Federal,
Insecticide, Fungicide and Rodenticide Act (FIFRA) has been amended to
include expanded worker protection regulations. These regulations cover
all handlers including flaggers.

Policy issues encountered when developing these rules include:

1.	In relation to establishing a new mixer loader category we had to
consider how to comply with both the letter and the intent of the
statute without being unduly burdensome on the industry.

2.	In relation to defining more specifically the experience needed for
licensing in the wood destroying organism category the potential for
restraint of trade had to be considered.

16.05.	January 19, 1995 - Effective March 2, 1995

This rule is adopted by the Commissioner of the Department of
Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1994
Supp.)

The purpose of the rule is to correct a typographical error in the
existing rule. Factual issues encountered when developing these rules
include:

A typographical error was discovered in the Part 9.02 (b) of the rules.
This rule as published states “Such field experience shall have been
obtained within the five years immediately preceding the applicant's
application for licensing as a qualified supervisor.

Policy issues encountered when developing these rules include:

To be consistent with Part 9.02 and with the original intent of the rule
the error needed to be corrected.

16.06.	July 23, 1996 - Effective August 30, 1996

STATUTORY AUTHORITY: These emergency rules are adopted by the
Commissioner of the Colorado Department of Agriculture (the
“Commissioner”) under the authority of §35-10-118 (2) and (9)
C.R.S. (1995), and in accordance with §24-4-103 (6) C.R.S. (1988, 1995
Supp.).

STATEMENT OF REASON: The reasons for adopting these emergency rules is
to: (1) create a sub-category for the use of the pesticide metam-sodium
to control roots in sewers pursuant to §3510-118 (2)(b), and set out
the standards and criteria associated with the establishment of such a
sub-category; (2) repeal Part 8.04 and amend related language in the
existing rules concerning mixer/loaders in order to be consistent with
amendments to the Pesticide Applicators' Act derived from Colorado
Senate Bill 96-086, which became law effective July 1, 1996; and (3)
make miscellaneous technical amendments to conform the existing rules to
the amendments hereby adopted.

On June 23,1996, the Commissioner ordered that proceedings be instituted
for the adoption of new permanent rules and regulations pertaining to
these matters, and notice was published on July 10,1996, in accordance
with applicable law, for a hearing on such proposed new permanent rules
and regulations to be held on July 30, 1996, at 9:00 a. m., at the
Department of Agriculture, Division of Plant Industry Testing Room, 700
Kipling Street, Suite 4000, Lakewood, Colorado 80215-5894.

NEED FOR EMERGENCY RULES: These emergency rules pertaining to the
creation of a sub-category for the use of metam-sodium to control roots
in sewers, the standards and criteria associated with the establishment
of such a sub-category, and the technical amendments in furtherance
thereof, are made necessary by action of the U.S. Environmental
Protection Agency (“EPA”). The EPA recently classified the pesticide
metam-sodium as a restricted use pesticide when used to control roots in
sewers. Applicators wishing to purchase or use this pesticide must now
be certified to do so. I is imperative that these emergency rules be
adopted in order to permit the Colorado Department of Agriculture,
Division of Plant Industry to license and regulate the activities of
pesticide applicators who wish to use metam- sodium for root control in
sewers pending the conclusion of the formal rule-making proceedings
initiated by the Commissioner for the adoption of permanent rules and
regulation on this subject.

The emergency rules pertaining to the repeal of Part 8.04 and the
amendment of related language in the existing rules concerning
mixer/loaders, and the technical amendments in furtherance thereof, are
necessary to conform the existing rules and regulations with amendments
to the Pesticide Applicators' Act derived from Colorado Senate Bill
96-086, which became law effective July 1,1996, pending the conclusion
of the formal rule-making proceeding initiated by the Commissioner for
the adoption of permanent rules and regulations on this subject.

Based on the foregoing, the Commissioner hereby finds that immediate
adoption of these rules is imperatively necessary to comply with state
law and federal regulations, and for the preservation of public health,
safety and welfare and that compliance with the formal rule- making
requirements of §24-4-103 would be contrary to the public interest.

EFFECTIVE DATE: These emergency rules will be effective on the date
adopted by the Commissioner, and shall remain in effect for ninety (90)
days thereafter.

16.07.	September 25, 1996 - Effective November 30, 1996

Statutory Authority: These permanent rules are adopted by the
Commissioner of the Colorado Department of Agriculture pursuant to his
authority under C.R.S. § 35-10-118(2), (4) and (9) (1995, as amended).

Purpose: The purpose of these permanent rules is to: (1) create a
sub-category for the use of the pesticide metam sodium to control roots
in sewers pursuant to C.R.S. § 35-10-118(2)(b), and set out the
standards and criteria associated with the establishment of such a sub-
category: (2) repeal Part 8.04 and amend related language in the
existing rules concerning mixer/loaders in order to be consistent with
amendments to the Pesticide Applicators' Act derived from Colorado
Senate Bill 96-086, which became law effective July 1, 1996; (3) revise
the recordkeeping requirements Part 6.03(e);(4) clarify the language in
Part 2.49 concerning the issuance of reciprocal licenses; and (5) make
miscellaneous technical amendments to conform the existing rules to the
amendments hereby adopted and to correct grammatical errors.

Basis: Some of the issues encountered in the promulgation of these
permanent rules were neither exclusively factual nor exclusively of a
policy nature. Consequently, some issues were considered as both factual
and of a policy nature.

The factual and policy issues encountered in adopting these permanent
rules include:

1.	Factful Issue(s): The U.S. Environmental Protection Agency (EPA)
recently classified the pesticide metam sodium as a restricted-use
pesticide when used to control roots in sewers. Applicators wishing to
purchase or use this pesticide must now be certified to do so.

Policy Issue(s): This classification by the EPA has made it necessary to
create a new sub- category of aquatic applicators for the application of
metam sodium for root control in sewers. In establishing this
sub-category, consideration had to be given to complying with both the
letter and the intent of the Pesticide Applicators' Act (the Act)
without being unduly burdensome on the industry or the agency.

2.	Factual Issue(s): Colorado SB 96-086 amended C.R.S. 3510-103(15)(a)
(II) of the Act to amend the definition of “technician” to include
individuals who exclusively mix and/or load pesticides. This makes the
mixer/loader sub-category in the agricultural classification
unnecessary.

3.	Factual Issue(s): Part 6.03 of the existing rules requires licensed
entities to identify the pesticide product they are using. Recording the
EPA registration number of the pesti- cide product is a permitted method
under the existing rule, but not required.

Policy Issue(s): Generally, the EPA registration number can more
accurately identify a product than the manner in which a licensee may
choose to describe the product name, and under the adopted rule, is a
required method of identifying the pesticide.

4.	Factual Issue(s): Part 2.49 describes the procedure by which an
individual certified or licensed by another jurisdiction can obtain a
Colorado license as a certified operator issued through reciprocity. The
existing language in this part does not make it clear that the issuance
of such a license can only be done through re-application, since the
Colorado Department of Agriculture is not the original issuing agency.
The adopted rule clarifies this point.

16.08.	March 13, 1997 - Effective April 30, 1997

Statutory Authority:

These permanent rules are proposed for adoption by the Commissioner of
the Colorado

Department of Agriculture pursuant to his authority under the Pesticide
Applicators' Act (the “Act”) at C.R.S. §§ 35-10-118(2), (5) and
(9) (1995, 1996 Supp.).

Purpose:

The purpose of these proposed permanent rules is to: amend the
definition of the term “abut”; conform the rules and regulations to
the amended statutory definition of the term “limited commercial
applicator”; repeal Section 2.42; to clarify the language in Section
2.45 regarding when a qualified supervisor may be licensed as a
certified operator in an additional category without payment of the
application fee for the certified operator's license; consolidate the
turf categories into a single category under the ornamental
classification, and modify the continuing education requirements
therefor; consolidate the ornamental categories into a single category
under the ornamental classification, and modify the continuing education
requirements therefor; expand, under certain circumstances, the customer
notification requirements for pesticide applications at a commercial
site; create a new category named “Interior Plant Pest Control”
within the structural pest control classification, and establish
standards therefor; establish requirements for the identification of
service containers; amend the requirements for registration of pesticide
sensitive persons pertaining to the statement of proof of medical
justification, the frequency for submitting such statement, and payment
of the administrative fee for registration; create a Part 15 for rules
and regulations pertaining to enforcement, and establish a definition
for the phrase “substantial danger or harm to public health and
safety, to property, or to the environment” as required by Senate Bill
96-086, which amended C.R.S. § 35-10-121 by adding subsection (2.5);
and make miscellaneous technical amendments to conform the existing
rules to the amendments hereby proposed.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these
permanent rules are as follows:

(1).	Senate Bill 96-086 amended C.R.S. § 35-10-112(l)(c), which deals
with requirements for notifying persons who reside on property abutting
the site of a pesticide application. The amendment provides that two
property sites that would be considered abutting but for the fact that
they are separated by an alley are for the purposes of this section to
be deemed abutting. This statutory change requires amendment of the term
“abut” in Section 1.02(a) of the rules in order to make it
consistent with this statutory amendment.

(2).	Senate Bill 96-086 amended C.R.S. § 35-10-112 (l)(a), which
pertains to the registry of pesticide-sensitive persons. This amendment
requires that the proof of medical justification for inclusion on the
registry be made by a physician licensed in the state of Colorado, that
it be updated every two (2) years, and that the administrative fee for
registration be repealed. These statutory changes require conforming
amendments to the following sections of the rules: Sections 1.02(e),
12.01, 12.04, and 12.05.

(3).	Senate Bill 96-086 amended C.R.S. § 35-10-103(8), which defines
the term “limited commercial applicator.” This amendment expands the
definition of the term to include persons engaged in applying pesticides
in the course of conducting a business on property leased, as well as
property owned by the person or the person's employer. This statutory
change requires a conforming amendment in Section 2.18 of the rules.

(4).	Section 2.42 of the rules is repealed because it was needed only
for a limited time in order to facilitate the administrative transition
from the previous licensing system to the current one.

(5).	Section 2.45 of the rules is amended only to clarify its
provisions. No substantive change to this rule is intended.

(6).	The ornamental classification now in effect has the following
categories: Turf Insect Control, Turf Plant Disease Control, Turf Weed
Control, Ornamental Insect Control and Ornamental Plant Disease Control.
The three turf pest control categories all pertain to working on one
type of site, namely turf, except for weed control in ornamental beds.
The two ornamental categories cover a wide range of sites, but labels
for pesticide products used on these types of sites often state the site
as “ornamentals” and do not distinguish between various hosts such
as locust, elm, etc. A qualified supervisor or certified operator
working in any of the current turf categories needs to be aware of
symptoms indicative of environmental, cultural practice and pest
stresses in the related turf categories in order to properly diagnose a
problem and recommend the correct solution. This also applies to a
qualified supervisor or certified operator working in any of the current
ornamental categories.

The proposed amendments to Section 9.01 of the rules consolidates the
three turf categories into a single category, and consolidates the two
ornamental categories into a single category. This consolidation will
require persons who wish to be licensed in either of these categories to
possess a broader range of knowledge covering what was previously
divided into separate categories. Thus, one examination for each of the
two consolidated categories (i.e., turf and ornamental) will be given
rather than the multiple examinations currently given for each of the
five separate categories described above.

Also, because of the broader range of knowledge required for each of
these consolidated categories, the continuing education requirements for
these consolidated categories will be increased from one to two credits.
This change is reflected in the amendments to Section 4.01, which will
be phased in beginning January 1, 1998.

These proposed amendments to Section 9.01 require the technical
conforming amendments that are proposed for Sections 9.02 and 9.03, and
5.7 through 5.21, inclusive.

(7).	Senate Bill 90-086 amended C.R.S. § 35-10-112(2) (d) by adding
sign posting notification requirements where a commercial or limited
commercial applicator makes a pesticide application to a commercial site
when the owner or agent of the owner is not present at the site. The
proposed amendments to Section 9.04 of the rules are intended to broaden
the notification requirements of that rule (which are unrelated to the
statutory sign posting requirements) to specifically address the
situation where a pesticide application is made to a commercial site
when the owner or agent of the owner is not present.

(8).	The number of interior plants in public structures has gradually
increased over the last twenty years. Over time, more and more
caretakers of these interior plants have come under the regulation of
the Colorado Department of Agriculture with respect to the application
of pesticides. These interior plant caretakers have had to qualify for
licensing in categories that are not entirely applicable to the
circumstances in which they work (e.g., Ornamental Insect Control and
Ornamental Plant Disease Control, which cover exterior plants). The
addition of an Interior Plant Pest Control category will correct this
situation. It will also provide the Colorado Department of Agriculture
and the public with a greater assurance that the qualified supervisors,
certified operators and technicians working in this category are
qualified to do so.

Consideration was given to the placement of this category in either the
ornamental classification or the structural pest control classification.
Since pesticide applications to indoor plants are made inside buildings
and other structures, this new category was placed in the structural
pest control classification because the hazards related to such
applications and the precautions that need to be taken when making them
are more closely related to that classification than the ornamental
classification.

The addition of this new category is reflected in the proposed Section
10.01(8) of the rules. The amendments to Sections 10.03 and Sections
5.25 through 5.28, inclusive, are technical amendments made to conform
those rules to the addition of this new category.

(9).	Under certain circumstances licensees under the Act transfer
pesticides into smaller containers in order to perform or facilitate its
application. For example, a structural pest control operator may
purchase a 10 gallon pail of rodent bait and provide each of his
technicians with a one gallon container of the bait taken from the 10
gallon container. Additionally, certain application equipment is of a
size that can be carried and handled by one individual, e.g., a one
gallon sprayer used to spot treat weeds in turf. The industry refers to
these containers as “service containers.” At one point in time the
EPA had an operating policy which detailed the requirements for marking
service containers so the material in it could be identified. EPA's
operating policy was rescinded and is no longer in force.

A new rule requiring the identification of service containers is
necessary and appropriate for the public's health, safety and welfare
now mat the EPA's operating policy has been rescinded. In establishing
the requirements for marking service containers, consideration had to be
given about providing information essential for safety and welfare
without being unduly burdensome on the industry, and without conflicting
with existing federal regulations. This new rule appears in the proposed
Section 11.08.

(10).	Senate Bill 96-086 amended C.R.S. § 35-10-121 by adding
subsection (2.5), which relates to enforcement proceedings brought under
the Act. This subsection (2.5) requires the Colorado Commissioner of
Agriculture to define the phrase “substantial danger or harm to public
health and safety, to property, or to the environment.” In response to
this statutory amendment, the rules are amended to add a Part 15.
Enforcement, and to define the foregoing phrase in proposed Section
15.01.

16.09.	February 11, 2004 - Effective May 3, 2004

Statutory Authority

The amendments to these rules are proposed for adoption by the
Commissioner of the Colorado Department of Agriculture pursuant to his
authority under the Pesticide Applicators' Act, (the “Act”). §§
35-10-118(2)(a)(b)(c), (5), and (9), C.R.S.

Purpose

The purpose of these proposed rule amendments is to: In Part 1, add the
definition of “in the possession of to clarify the proposed rule 7.06,
that requires the applicator to have label information at the site of
any pesticide application; in Part 2, amend Rule 2.10 by requiring all
categories to 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 the application; amend Rules 2.15 and 2.16 by
adding a requirement for a written provision in contracts that
incidentally require a pesticide application, that notes that a licensed
subcontractor will be used for any pesticide application the primary
contractor is not licensed for; in Part 4, delete Rule 4.1 that expired
on January 1, 1998 and remove language from the version of Rule 4.1 (h)
noting the effective date of the current Rule; delete the version of
Rule 4.5 that expired on January 1, 1993 and remove language from Rule
4.5 noting the effective date of the current Rule; in Part 5, amend Rule
5.1 by clarifying that the definitions outlined in 5.1 apply to all
technician training outlined in Part 5 of the Rule; amend Rule 5.1(b) by
adding the definition of a “new hire experienced technician” and
“on-going experienced applicator technician” to clarify training
differences outlined in Part 5; amend Rules 5.5, 5.10, 5.15, 5.20, 5.23,
and 5.27 to clarify that training requirements outlined in each section
pertain to on-going experienced applicator technicians and that on-going
training must be conducted each year after the first season of
experience; amend Rules 5.6,5.11,5.16, 5.21, 5.24, and 5.28 to clarify
that the training requirements outlined in each section pertain to new
hire experienced technicians; amend Rules 5.9(c) and 5.18(c) to clarify
the amount of on the job training hours that must be conducted by a
licensed qualified supervisor or certified operator; in Part 6, amend
Rule 6.02 to require limited commercial and public applicators to
maintain records of all pesticide applications they make; amend Rule
6.03 by adding a requirement that the record of application must have
the name of the person(s) who made the application; amend Part 6 by
adding a new Rule 6.04 requiring any applicator performing wood
destroying insect control for termites to keep and maintain records in
addition to those outlined and proposed in Rule 6.03; in Part 7, amend
Rule 7.02 by adding requirements for commercial and public applicators
to identify their ATV/off-road application equipment; amend Rule 7.02 by
adding requirements for public applicators to identify their application
equipment; amend Part 7 by adding a new Rule 7.06 to require that a copy
of the label for the pesticide in use be in the possession of the
applicator at the site of application; in Part 8, amend Rules 8.01 (f)
and (g) to clarify that additional licensure in the turf and ornamental
categories is required when performing applications in forest or
rangeland areas that come within 50 feet of residential or commercial
structures; amend Rule 8.01(j) by deleting the language “in
programs” and “large scale” to clarify that the Public Health
category applies to any pesticide application performed for disease
vector control; in Part 11, amend Rule 11.08 to require the name of the
applicator in addition to the existing service container labeling
requirements; in Part 13, amend Rule 13.04 to clarify that notification
signs must be posted within multi-unit residential and commercial
properties in a conspicuous manner to prevent children or adults from
entering a treated area; and make miscellaneous technical amendments to
conform the existing rules to the amendments hereby proposed.

Factual and Policy Issues

The factual and policy issues encountered when developing these rules
include:

1)	Amendments and additions being made in Parts 1,2,4, 5, 6 and 8 are
necessary to correct and clarify existing language, delete out dated and
irrelevant language, and correct and clarify ambiguous language to
reflect the regulatory intent of the existing licensure, business,
record keeping, and training requirements.

2)	A new Rule is proposed in Part 6 to require the signature of the
applicator on the service record to help the CDA identify the
technician, certified operator, or qualified supervisor responsible for
each application during investigations.

3)	In the last 10 years the termite activity in Colorado has increased.
A high level of knowledge and experience in building construction,
treatment techniques, and termite biology is needed when performing
these applications. Since these applications are made in areas where the
consumer can not verify the quality of the application and consumers
generally do not possess the knowledge to know the correct steps and
procedures to eradicate or control a termite infestation, it is easy for
commercial applicators to defraud the consumer. The proposed Rule 6.04
will require applicators to record information specific to termite
applications that will allow the CDA to confirm that all treatments were
performed to label requirements and industry standards.

4)	In recent years the Pesticide Application industry has begun using
All Terrain Vehicles (ATV's) to perform applications in areas that are
inaccessible to standard application vehicles. Under the current Rule
7.02, these ATV's meet the specifications that require the vehicle to be
identified, but due to their size applicators have been unable to
comply. The proposed Rule addresses this issue and modifies the
equipment identification requirements so applicators can identify their
equipment, which will ensure the public and the CDA can identify these
applicators.

5)	Currently under Rule 7.02, public applicators are not required to
identify their application equipment. Each year the CDA receives a
number of inquiries and complaint calls pertaining to public entities
that are performing pesticide applications that the CDA office staff
must research to determine jurisdictional authority. A new Rule is
proposed to require public applicators to identify their application
equipment to enable the public and CDA to easily identify the public
entity in the field, which will reduce public concern and minimize the
CDA staff time required to identify currently registered public
applicators.

6)	Pine Beetle eradication has become a priority for the State of
Colorado. As the Pine Beetle infestation has spread, more applications
are being performed on private property where the trees are no longer
being maintained as part of a forest, but rather as ornamental trees for
aesthetics. Applications performed around residential and commercial
structures create a higher likelihood that persons or pets may come in
contact with the treated area. Ornamental applicators are trained in the
precautions needed when making applications around structures, and under
35-10-112 of the PAA are required to post notification at the time of an
application. The current Forest category does not address the hazard
identification and safety precautions needed when performing pesticide
applications in close proximity to inhabited structures. An amendment to
Rule 8.01 (f), Forest Pest Control, is proposed to require applicators
to hold the appropriate ornamental license, which addresses the safety,
hazard, and notification requirements needed when performing
applications close to an inhabited structure. The Rangeland Pest Control
category, 8.01(g), has the same safety concerns when pesticide
applications are made around inhabited structures for insect or noxious
weed control. The Rangeland category requirements will be identical to
the Forest category except that licensure in the Turf category will be
required.

7)	Rule 11.08 currently requires that any service container be labeled
to identify the contents within. Since these service containers are in
many cases left at the customer's residence (i.e.: rodent bait stations)
or can be inadvertently left behind or left unattended by an applicator,
the CDA is proposing an amendment to Rule 11.08 that will require the
name of the licensee on the label. In case of an emergency this will
provide the name of the licensee so pertinent information for the
unattended product (i.e.: labels and Material Safety Data Sheets) can be
obtained and the responsible licensee can be quickly contacted to take
appropriate remedial action.

8)	Currently turf and ornamental applicators are only required to post a
notification flag at each entryway to a property regardless of its size
or the number of buildings on it. Each year the CDA receives calls from
pesticide sensitive individuals or concerned parents complaining of turf
or ornamental applications that have been performed at their apartment
complex and their child or pet, unbeknownst to them at the time, entered
a treated area. The current rule in Part 13 does not specify that a
flag(s) must be posted within the common areas of multi-unit residential
or commercial properties. The proposed amendment to Rule 13.04 will help
ensure that any person entering a common area that has been treated with
pesticides will be able to see a flag notifying them of that
application.

16.10.	October 19, 2006 - Effective January 1, 2007

Statutory Authority

These amendments to these rules are proposed for adoption by the
Commissioner of the Colorado Department of Agriculture pursuant to his
authority under the Pesticide Applicators' Act, (the "Act"). §§
35-10-118(2)(a)(b)(c), (5), and (9), C.R.S. 

Purpose

The purpose of these proposed rules is to make conforming amendments is
to address statutory changes made to the Pesticide Applicators’ Act as
a result of House Bill 1239, The Pesticide Applicators’ Act Sunset
Review Pesticide Applicators’ Bill, and House Bill 1274, The Pesticide
Applicators’ Act Pesticide Private Applicators License Bill. The
purpose of the proposed Rules is to:  

•	Make miscellaneous technical amendments to conform the existing
rules to the amendments proposed; 

•	Add language to reinstate an pesticide applicator license within 180
days;

•	Outline the private applicator examination and licensure
requirements and provisions;

•	Address examination security provisions for commercial and private
applicators; 

•	Create continuing education requirements as it pertains to private
applicators; 

•	Specify recordkeeping requirements for commercial, registered
limited commercial, registered public applicators and licensed private
applicators; 

•	Clarify the pesticide storage requirements of commercial
applicators, registered limited commercial applicators, limited public
applicators, and private applicators; 

•	Specify pesticide sensitive notification requirements and provisions
that apply to turf and ornamental applicators vs. structural
applicators;

Factual and Policy Issues

The factual and policy issues encountered when developing these rules
include: 

1)	House Bill 1274 amended C.R.S. § 35-10-104 to expand the authority
of the Colorado Department of Agriculture to regulate the use of
pesticides by all persons in the State of Colorado. As a result of H.B.
1274, amendments and additions made in Parts 2, 3, 4, 5, 6, 7, 8, 11,12,
and 13 and associated Rules are necessary to clarify what Part and Rule
applies to “registered’ or “licensed” persons and/or entities in
the State of Colorado.  Other changes include spelling and miscellaneous
technical amendments to conform the existing rules to the proposed
amendments. 

2)	House Bill 1274 amended C.R.S. § 35-10-103 to add the definition of
a private applicator, which defines a private applicator as a person who
“uses or supervises the use of a pesticide for producing an
“agricultural commodity.” C.R.S. § 35-10-114.5 requires any person
who uses or supervises the use of a restricted use pesticide shall
possess a valid private applicator license issued by the Commissioner.
There is no State definition of “agricultural commodity” for CDA to
refer to when it must determine if a private applicator is raising an
agricultural commodity prior to certifying and issuing a private
applicator license. CDA needs to verify that the license is being
obtained and will be used in the manner intended. Upon request from EPA
Region VIII, Part 1 was amended to create Rule 1.02 (k), which defines
an “agricultural commodity”.  The definition will help clarify for
CDA and applicants that a private applicator must be engaged in the
production of an “Agricultural Commodity”, as defined, to qualify to
obtain a private applicator license which will allow them to purchase,
apply, and supervise the use of restricted use pesticides on property
they own or lease. 

3)	House Bill 1239 amended C.R.S.  §35-10-116(6) of the Act to give the
CDA the authority to “reinstate” an applicators license, within 180
days of its expiration, on the condition that all continuing education
requirements had been met prior to the expiration date.  The currant
language in Rule 2.46 addressed renewal requirements only. Rule 2.46 is
amended by adding the licensure reinstatement provisions, outlined in
C.R.S. §35-10-116 (6), for added clarity that an applicator may
“reinstate” a license if certain provisions are met.  

4)	House Bill 1274 amended C.R.S. §35-10-115, which authorizes the CDA
to begin issuing licenses to private applicators on and after January 1,
2007 and by adding a new statutory provision, C.R.S. §35-10-114.5,
requiring any person acting as a private applicator using or supervising
the use of restricted use pesticides be licensed as a private applicator
by the Commissioner.  Rule 2.50 is being repealed because it created a
loophole that did not allow the CDA to enforce the provisions of the Act
and Rules for someone acting as a certified operator if: they were a new
employee, completed the private applicator exam issued by EPA Region
VIII, their employer notified the department within 3 days and they
completed the certified operator test within 14 days from their initial
employment.  EPA Region VIII will no longer be issuing private
applicator licenses after January 1, 2007 and the CDA no longer wants to
continue to allow a person to act in the capacity of a certified
operator, which allows applications of RUPs in categories their employer
is licensed in, without taking a closed book test, verifying that they
have core knowledge of laws and regulations, applicator safety, public
safety, environmental protection, use of pesticides, and pesticides and
their families, to apply a “higher risk” pesticide in the general
public. 

5)	House Bill 1274 amended C.R.S. §35-10-115, which authorizes the CDA
to begin issuing licenses to private applicators on and after January 1,
2007.  A new statutory provision, C.R.S. §35-10-114.5, requires any
person acting as a private applicator using or supervising the use of
restricted use pesticides be licensed as a private applicator by the
Commissioner. Under H.B. 1274, C.R.S. §35-10-117 (1)(a) was amended to
make it unlawful for any person to perform acts that require licensure
as a private applicator.  C.R.S. §35-10-118 (2)(b) and (c) authorize
the Commissioner adopt Rules to establish qualifications for issuance
and reinstatement of  any license issued under the Act. These statutory
changes require conforming amendments by the creation of a new Subpart
D, part 2.48 through 2.58, which addresses private applicator licensure
requirements, submission of information requirements, examination
requirements, fee requirements, renewal and reinstatement provisions,
supervision, licensure upgrades and reciprocity. 

6)	Under C.R.S. §35-10-118(2)(c) the Commissioner is authorized to
adopt Rules for any disciplinary actions authorized under Title 35,
Article 10.  Part 2, Subpart E, “Licensure Actions, Suspension,
Denial, Revocation”, Rule 2.59, was existing language that was moved
from Part 7 of the Rules. This Rule outlines actions that constitute
grounds for denying, suspending or revoking a business entity’s
license or registration or an individual’s license.  This section was
moved from Part 7 to Part 2, which outlines business licensure and
registration requirements and individual license issuance and renewal
requirements, for clarity.  

7)	Add language to coincide with H.B. 1239, C.R.S. §35-10-118(3)(c), by
adding clarifying language stating the commissioner or “his or her
designated administrator shall” administer a general examination to
qualified supervisors and certified operators and add “private
applicator” to the current examination administration provisions set
forth in Rule 3.1 and 3.2 to include private applicators as a result of
H.B. 1279.  

8)	Repeal Rule 3.3, to remove unnecessary language from the Rule
pertaining to when the examinations will be administered by the
Commissioner.  

9)	Part 3, Rule 3.8, was amended by adding language to the existing exam
security provisions, creating a section (a) pertaining to commercial
applicators and a new section (b) pertaining to private applicators.
Rule 3.8(a) outlines examination security provisions to prevent the
content of CDA’s closed book commercial examinations from being
disseminated by any person. Old language stated that an applicant or
licensee could not remove examination material, but did not clearly make
it a violation if an applicant cheated on the exam by bringing in
outside information to reference during the test. New language has been
added to make this a violation for any applicant or licensee. 

Rule 3.8(a) currently states that an applicant or licensee shall not
cause the “nature of” any exam question to be disseminated.  It can
be argued that any person that has ever taken an exam and then does
pre-certification training for his or her company may unavoidably
disseminate the “nature of” an exam question.  The CDA feels the
intent of Rule 3.8 was to prevent blatant dissemination of examination
questions. Therefore, the words, “the nature of” were removed to
more clearly define that an exam question or answer may not be
disseminated to any person. 

The private applicator exam is an open book test, which is not currently
required to be proctored. Rule 3.8(b), outlines private applicator exam
security provisions and was created to address circumstances that have
been brought to the CDA’s attention that, in some instances, a private
applicator has had someone else fill out their test answer sheet (a
spouse or family member) or may have attended a workshop where the
administrator blatantly gave them the answers to the exam. This Rule is
established to make it a violation for any person to disseminate the
answers of the private applicator exam to an applicant or licensee or to
allow someone other than the applicant or licensee to fill out the
examination form.  

10)	Amend Part 4, Subpart A’s title, “General Continuing Education
Requirements for Qualified Supervisor and Certified Operator” to
clarify that subpart A pertains only to qualified supervisors and
certified operators. 

11)	Amend Part 4, Rule 4.3, to wordsmith the current notification of
continuing education workshop provision for clarity and in Rule 4.5
language to clarify that the continuing education provisions must cover
topics from subject areas and subtopics outlined in Subparts C through
I, in Part 4 of the Rules. 

12)	Amend Part 4, Subpart B, Rule 4.6 through 4.10, to comply with H.B.
1274,  C.R.S. §35-10-116(2) and §35-10-118(5) by adding new language
outlining continuing education requirements pertaining to private
applicators. Subpart B outlines the number of continuing education
credits needed, course approval requirements, course notification
provisions, workshop sponsor reporting requirements, and that the
continuing education provisions must cover topics from subject areas and
subtopics outlined in Subpart C through H, in Part 4 of the Rules. 

13)	Amend Part 6, Records, of the Rules by the creation of a Subpart A
and Subpart B. 

Subpart A outlines the current recordkeeping requirements for
commercial, registered limited commercial and registered public
applicators.  

Pursuant to H.B. 1279, C.R.S. 35-10-111, which added recordkeeping
requirements for private applicators that use restricted use pesticides
(RUP), the CDA has amended Part 6 by creating a Subpart B, Rule 6.05,
which requires private applicators to maintain records of RUP
applications, the elements of such records are currently required by the
USDA under the Code of Regulations, 7 C.F.R., Part 110 (2006), which
C.F.R. is referenced in Rule 6.05.   C.R.S. 35-10-111 requires records
to be kept for a minimum of 3 years, 1 year more than the USDA
requirement, which is noted in Rule 6.05. 

14)	Part 7; amend Rule 7.02, by changing “licensee” from singular to
plural to encompass private applicators. Clarifying statement. 

15)	Part 7, amend Rule 7.05 by adding language to exempt private
applicators from this provision which requires licensed commercial,
registered limited commercial, and registered public applicator
employees to have a copy of the pesticide label at the site of
application in case a question pertaining to the use of product, PPE,
precautions, etc. come up during the course of the application.  Adding
this requirement for private applicators is not needed since all mixing,
loading, and use are conducted on the private applicator’s property
and the pesticide product label should be on the property site for
reference when questions arise.  

16)	Amend Part 11, with the creation of a new Subpart A and Subpart B to
clarify pesticide storage requirements for commercial applicators,
registered limited commercial applicators, registered public
applicators, and private applicators. 

Subpart A, Rules 11.01 through 11.08, is existing language that outlines
storage requirements and equipment identification for commercial,
registered limited commercial, and registered public applicators.  

Subpart B, is new language that is specific to licensed private
applicators.  H.B. 1274, C.R.S. 35-10-117(1)(i) makes it a violation of
the Act to store a pesticide in a manner inconsistent with label
directions.  Subpart B, Rules 11.09 through 11.11, reiterates this
statutory provision, due to the fact that the pesticides licensed
private applicators will be storing may be restricted use pesticides, by
stressing that pesticides should be stored in a manner as to prevent an
unreasonable risk to persons, property or animals, that they are stored
in a manor that prevents damage to the container or label, and if stored
in an outdoor pesticide storage area that the pesticide is protected
from the elements to prevent the risk of damage to the container or
label and avoid the creation of an unreasonable risk to persons,
property, or animals.  

17)	H.B. 1239 amended C.R.S. 35-10-112 by expanding the notification of
pesticide sensitive individuals to structural pest control operators.
Part 12 of the Rules was amended to create a new Subpart A and Subpart
B. 

Subpart A, Rule 12.06 and 12.07, retains existing language pertaining to
turf and ornamental notification requirements.

Subpart B, Rule 12.08 through 12.10, outlines the structural
notification requirements for giving prior notice, methods that notice
may be given, instructions if notification attempts fail, and emergency
and specific product formulations that are exempt from the notification
provision, created under H.B. 1239 and allowed under C.R.S.
35-10-112(2)(e) of the Act.  

