Laws & Regulations
Various federal and state laws and regulations affect the production, labeling, use, storage, and handling of pesticides. Many of these laws are designed to ensure the safety and effectiveness of pesticides by setting registration standards. Other laws regulate uses of pesticides to minimize harmful effects on humans, wildlife, and other organisms. |
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Licensing and Certification |
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According to the Colorado Pesticide Applicators' Act, section 35-10-104 and the Colorado Pesticide Applicators' Act Rules and Regulations, Part 2, a person engaged in the business of applying pesticides or operating certain pest control devices for hire must be licensed as a commercial applicator. A limited commercial applicator is 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, is engaged in applying restricted use pesticides (RUPs). A public applicator is any agency of the state, any county, city and county, or municipality, or any other local governmental entity or political subdivision which applies RUPs. If limited commercial or public applicators do not apply RUPs, they may still choose to register and be regulated by the Colorado Department of Agriculture CDA. Additional Licensing Types
Preparing for the Colorado Commercial Applicators Exam To prepare for the general exam, you should read the General Study Guide, the Colorado Department of Agriculture's (CDA) Pesticide Applicators’ Act, Title 35, Article 10, and the Rules and Regulations Pertaining to the Administration and Enforcement of the Pesticide Applicators' Act, Title 35, Article 10. Exam questions will come from all three of these documents. The general exam consists of true-false and multiple-choice questions. It is recommended that each pesticide applicator studying for commercial pesticide applicator certification should have a General Study Guide and category specific guides (applicable to the pesticide applications which they will be performing) of their own. Continuing Education Recertification is a program to insure that certified applicators maintain competence and keep current with changing technology. The recertification period is simultaneous with the 3-year licensing period. Persons who allow their applicator's license to lapse must re-take the test. Recertification credit can be earned any time during the three year period. Recertification training provides applicators with new information on pest control, health and environmental safety, pest management technology, and changes in pesticide laws and regulations to help the applicator continue to use pesticides safely and effectively. |
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Current Laws |
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Federal Worker Protection Standard (WPS) The Worker Protection Standard (WPS) was issued in 1992 by the U.S. Environmental Protection Agency (EPA). This regulation applies where pesticides are used in production of agricultural plants for commercial or research purposes on farms, forests, nurseries, greenhouses, and related structures. It covers pesticide applicators, mixer/loaders, disposers of pesticide containers, and those who may be exposed to a pesticide residue on the job. Agricultural workers may not handle pesticides or enter treated areas during the re-entry interval, except under narrow exceptions. Pesticide handlers are trained to handle and apply pesticides. Endangered Species Act The goal of EPA's Endangered Species Protection Program is to carry out responsibilities under FIFRA in compliance with the Endangered Species Act (ESA). EPA's decision to register a pesticide is based in part on the risk of adverse effects on endangered species as well as environmental fate (how a pesticide will affect critical habitat). If it is determined that a pesticide jeopardizes a listed species, EPA will provide users with use limitations found in an Endangered Species Protection Bulletin. Certain pesticide labels direct users to Bulletins containing species maps and pesticide use limitations. Colorado Pesticide Act The Colorado Pesticide Act is administered by the CDA. It regulates the registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain pesticide devices in the state. |
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Registration |
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In addition to federal pesticide registration requirements, every pesticide distributed, sold, or advertised in Colorado must be registered with CDA as required by the Pesticide Act, sections 35-9-106 through 35-9-108, sections 35-9-110 through 35-9-112, and the Pesticide Act Rules and Regulations, Part 3. Any pesticide used by a commercial applicator must also be registered with CDA. CDA's Pesticide Section has a query site that is updated daily so that you can determine if a product is registered for the current year. |
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State Restricted Use Pesticides |
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Under the Colorado Pesticide Act Rules and Regulations, Title 35, Article 9, Part 13 there are state restricted use pesticides. Currently, the pesticides restricted by Colorado are residual soil herbicides that have caused serious plant injury through misuse. State RUPs are for sale to and for use only by certified applicators or persons under their direct supervision. There is no label statement indicating that they are State RUPs. |
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CEPEP Factsheets |
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Links |
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| Colorado Department of Agriculture - Division of Plant Industry |
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