8 Colo. Code Regs. § 1203-2, pt. 8

Current through Register Vol. 48, No. 1, January 10, 2025

Part 8 - Agricultural Applicators

8.01. The agricultural classification includes the following categories:

(a) Category 101: Agricultural Insect Control: the application of pesticides to agricultural plants, including applications performed on pastures, croplands and non-crop agricultural lands, to control invertebrate pests, including insects, mites, slugs, snails, and nematodes.

(b) Category 102: Agricultural Plant Disease Control: the application of pesticides to agricultural plants, including applications performed on pastures, croplands and non-crop agricultural lands, to control plant diseases.

(c) Category 103: Agricultural Weed Control: the application of pesticides to agricultural lands, including pastures, croplands and non-crop agricultural lands, to control weeds.

(d) Category 104: Seed Treatment: the application of pesticides to seeds on agricultural establishments as defined at 40 C.F.R. § 170.3 (as incorporated herein by reference) or seed treatment facilities.

(e) Category 105: Livestock Pest Control: the application of pesticides to livestock.

(f) Category 106: Forest Pest Control: the application of pesticides in forests, forest nurseries, forest seed producing areas managed for the production of timber and other forest products or maintained as wood vegetation for such indirect benefits as protection of catchment areas or public recreation, including windbreaks and downed timber. For applications in forested areas within fifty (50) feet of a residential or commercial structure, an applicator must also hold the ornamental pest control category in accordance with Part 9 of these Rules and comply with all of the posting and notification requirements in Section 35-10-112, C.R.S., of the Pesticide Applicators' Act. This additional certification in the ornamental pest control category shall not apply to aerial applicators or ground applications made by federal, state, or local governments on property they own. This category does not apply to pesticide applications made to control vertebrate pests.

(g) Category 107: Rangeland Pest Control: the application of pesticides to land which is not managed for turf, pasture or forest on which the vegetation is predominantly native plant species or introduced species managed as native species such as grasses, grass-like plants, forbs or shrubs. Rangelands include but are not limited to natural grasslands, shrublands, deserts, tundras, and meadows. For applications performed in rangeland areas within fifty (50) feet of a residential or commercial structure, an applicator must also hold the turf pest control category in accordance with Part 9 of these Rules and comply with all of the posting and notification requirements in Section 35-10-112, C.R.S., of the Pesticide Applicators' Act. This additional certification in the turf pest control category shall not apply to aerial applicators or ground applications made by federal, state, or local governments on property they own. This category does not apply to pesticide applications made to control vertebrate pests.

(h) Category 108: Aquatic Pest Control: the application of pesticides to standing or running water when made to control weeds, amphibians, fish and other pests in water, except for pesticide applications which are included in the "Public Health" category, at Part 8.01(j).

(1) Category 113: Metam sodium for root control in sewers: the application of metam sodium in sewers to control roots. For purposes of this sub-category, "sewer" shall mean any artificial conduit for the transmission of wastewater to a wastewater treatment plant.

(i) Category 109: Industrial and Right-of-Way Weed Control: the application of pesticides to maintain roads, sidewalks, trails, paths, utility lines, railways, parking lots, drilling rigs, substations, open irrigation and drainage structures or similar areas and adjacent land within right of ways associated with such areas for the purpose of establishing or maintaining definable cover or bare ground.

(j) Category 110: Public Health Pest Control: The application of pesticides for the control of pests having medical or public health importance, except vertebrates. This category applies to non-government commercial applicators who use pesticides for the management and control of pests having public health importance.

(1) Category 110G: Government-Sponsored Public Health Pest Control: The application of restricted use pesticides in government-sponsored public health programs for the control of pests having medical or public health importance.

(k) Category 111: Research and Demonstration: the application of pesticides in the course of conducting field research or demonstration. No license or certification will be issued in this category unless the applicant also obtains licensing or certification, in the specific category listed in these Rules, which is appropriate to the research activity.

(l) Category 114: Aerial Pest Control: The application of pesticides by unmanned aerial vehicle (UAV), fixed or rotary wing aircraft.

(1) The Aerial Pest Control category must be held in addition to the pest management category for the aerial application being made.

(2) The Aerial Pest Control category may be obtained by successfully passing an approved Aerial Pest Control Certification examination offered by the Colorado Department of Agriculture or any state with an approved Environmental Protection Agency Certification Plan. Proof of a passing score obtained within the last 12 months with exam results 70% or better must be provided to the Department with the application.

(3) A reciprocal Aerial Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state's license.

(4) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Aerial Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the licensure category and the applicator will be required to retest.

(m) Category 309A: Soil Fumigation Pest Control: For the use of a fumigant to control pests in soil.

(1) The Soil Fumigation Pest Control category must be held in addition to the Agricultural Pest Management Category for the fumigation application being made.

(2) The Soil Fumigation Pest Control category may be obtained by successfully passing the Soil Fumigation Pest Control Certification examination offered by the Colorado Department of Agriculture.

(3) A reciprocal Soil Fumigation Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state's license.

(4) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Soil Fumigation Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the license category and the applicator will be required to retest.

(5) The Soil Fumigation Pest Control category does not allow application of fumigants to control pests in structures as described in category 303, Structural Fumigation Pest Control, or to control pests in non-soil sites, such as burrowing rodent control, described in category 309B: Non-Soil Fumigation Pest Control. To make such applications, a commercial applicator must hold category 303, category 309B, or, if applicable, both.

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 Parts 8.03(a)(3) through (6), and/or Parts 8.03(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, the applicator shall be responsible for giving the notices required by Parts 8.03(a) and (b) above to the person(s) who are occupying the site, as well as to the customer. This Part 8.03(d) does not apply to applications to crops or to large-scale pest control programs.

(e) Notices in this Part 8.03 may be provided electronically when the following conditions have been met.

(1) Commercial applicators must obtain a written request from each customer and occupant confirming their request to obtain any notice required by these Rules electronically.

(2) A commercial applicator must maintain a record of the written request(s) for electronic notices from each customer and occupant.

(3) A commercial applicator that does not have a record of the written request(s) for electronic notices on file at the time of an application must provide a notice as outlined in Parts 8.03(a) - (d).

(f) Commercial, registered limited commercial, or registered public applicators must comply with all applicable signage requirements for aquatic applications in Part 13 below.

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 Parts 8.04(c)(1) and (2) the training required. Said training may be either classroom-instructional or on the job training as determined by the qualified supervisor.

(f) Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in this sub-category shall have at a minimum 16 hours of training:

(1) At least 4 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(2) At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(3) The remaining 4 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor; and

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

8 CCR 1203-2, pt. 8

38 CR 23, December 10, 2015, effective 12/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 23, December 10, 2023, effective 12/30/2023

47 CR 08, April 25, 2024, effective 5/15/2024