8 Colo. Code Regs. § 1203-26, pt. 2

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

Part 2 - Use of Pesticides

2.1. Both state and federal laws require that pesticides be applied according to label directions. As part of the directions for use, labels for pesticides intended for use on plants specify the crops and/or sites to which they can be applied. In addition, the Environmental Protection Agency sets tolerances that limit pesticide residues in or on food to ensure with a reasonable certainty that no harm will result from aggregate exposures. Certain pesticides however, may be exempted from this tolerance requirement if the Environmental Protection Agency has determined that use in accordance with their label directions poses no hazard to public health. As of the effective date of these Rules, there are currently no pesticides that are specifically labeled or have pesticide residue tolerances established for use on marijuana by the federal government or the state of Colorado. The Colorado Department of Agriculture does not recommend the use of any pesticide not specifically tested, labeled and assigned a tolerance for use on marijuana because the health effects on consumers are unknown.

2.2. Notwithstanding the absence of any pesticides specifically labeled for use on marijuana, some pesticides have broad label language that does not prohibit their use on marijuana and are exempt from the tolerance requirements. These Rules set forth the criteria under which certain pesticides may be legally used on Retail Marijuana in the State of Colorado. To assist Retail Marijuana growers, the Department will publish a list of pesticides that it has determined meet these criteria.

2.3. Any pesticide used in the cultivation of Retail Marijuana must be registered with the Colorado Department of Agriculture, except for purposes of research and demonstration conducted in accordance with 40 CFR Part 172 (2017)(as incorporated herein by reference).

2.4. Any pesticide registered with the Colorado Department of Agriculture may be used in accordance with its label or labeling directions for the cultivation of Retail Marijuana in the State of Colorado under the following conditions:

2.4.1. For products registered by the Environmental Protection Agency under Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act:

2.4.1.1. All active ingredients of the pesticide product are exempt from the requirements of a tolerance, as established under 40 C.F.R. Part 180 , Subparts D and E (2017) (as incorporated herein by reference), and;

2.4.1.2. The pesticide product label allows use on the intended site of application. The term "site" for purposes of this Rule includes any location or crop to which the application is made, and;

2.4.1.3. The pesticide product label expressly allows use on crops or plants intended for human consumption, and;

2.4.1.4. The active ingredients of the pesticide product are allowed for use on tobacco.

2.4.2. Notwithstanding Part 2.4.1.3, the Commissioner has the authority to permit the use of a pesticide product, that does not expressly allow use on crops intended for human consumption if:

2.4.2.1. The active and inert ingredients are exempt under 40 C.F.R. Part 180 , Subparts D and E (2017) (as incorporated herein by reference), and;

2.4.2.2. The pesticide product label allows use on the intended site of application, and;

2.4.2.3. The active ingredients of the pesticide product are allowed for use on tobacco by the Environmental Protection Agency.

2.4.3. The pesticide product label specifically allows use on marijuana.

2.4.4. For 25(b) minimum risk pesticide products as defined in 40 CFR 152.25(f) (2017) (as incorporated herein by reference), the pesticide product label allows use on the intended site of application and allows use on crops or plants intended for human consumption.

2.4.5. For pesticide products with a Colorado Special Local Need registration, issued under section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act; the Colorado Special Local Need label allows use on marijuana.

2.5. The Commissioner may prohibit the use of any pesticide product for the cultivation of Retail Marijuana if he determines that such use poses a significant threat to public health and safety or the environment.

8 CCR 1203-26, pt. 2

39 CR 23, December 10, 2016, effective 12/30/2016

41 CR 06, March 25, 2018, effective 4/15/2018