8 CCR 1203-1, pt. 1 - Definition and construction of terms

1.1. 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.

1.2. As used in these Rules, unless the context otherwise requires:

(a) "Act" means the Pesticide Act, Title 35, Article 9, C.R.S.

(b) "Applicant" means a person who applies for a registration or renewal of a registration under the Act.

(c) "Brand" or "Brand name" means the name, number or trademark, or designation applied to a pesticide of any particular description by the manufacturer, distributor, importer or vendor. Each pesticide differing in the ingredient statement, analysis, manufacturer or distributor, name, number or trademark shall be considered as a distinct and separate brand.

(d) "Certified applicator" means an individual who is certified or licensed to use or supervise the use of restricted use pesticides;

(e) "Distribute or sell" and other grammatical variations of the term such as "distributed or sold" and "distribution and sale" means the acts of distributing, advertising, offering for sale, holding for distribution, holding for sale, selling, bartering, or supplying in any fashion any pesticide product in this state.

(f) "Federal restricted use pesticide" means any pesticide classified for restricted use by the administrator of the Environmental Protection Agency under the FIFRA.

(g) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act including all amendments and rules and regulations.

(h) "Final printed labeling" means the label or labeling of the product when distributed or sold. Final printed labeling does not include the package of the product, unless the labeling is an integral part of the package.

(i) "Indoor pest control product" means a product used:

1) to prevent, destroy, repel, mitigate, or control pests within or around structural foundations and other parts of structures; and

2) for interior plant pest control.

(j) "Interior plant pest control" means pests found in or on 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, 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 in such structures or sites.

(k) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(l) "Labeling" means all labels and all other written, printed, or graphic matter:

(1) accompanying the pesticide or device at any time; or

(2) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the United States Department of Health and Human Services, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

(m) "Liquid chemical sterilant product" means any liquid chemical sterilant product (including any product with sterilant or subordinate disinfectant claims) for use on a critical or semi-critical device, as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321 (h) (incorporated by reference herein, later amendments not included). For purposes of this definition, the term "critical device" includes any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body; the term "semi-critical device" includes any device that contacts intact mucous membranes but that does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.

(n) "Pesticide product" means a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide. The term also includes any device whose labeling includes or should include an establishment number issued pursuant to 40 C.F.R. § 167.20 (2016) (incorporated by reference herein, later amendments not included) except for those devices exempted in Part 14. The term also includes the characteristic designation by words, symbols, name, number, or trademark of a specific, particular pesticide or formulation thereof, under which the pesticide is distributed or sold in the State of Colorado. For more than one pesticide product to be considered the same pesticide product, each pesticide product must exhibit the same:

(1) product name;

(2) registrant name;

(3) manufacturer name;

(4) EPA registration number (if the pesticide product is subject to registration by EPA pursuant to the FIFRA); and

(5) labeling.

(o) "Registrant" means any person who has registered any pesticide with the state of Colorado.

(p) "State restricted use pesticide" means any pesticide which when used as directed or in accordance with the generally accepted practice, the Commissioner determines requires additional restrictions for that use to prevent unreasonable -adverse effects on the environment including, but not limited to people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

(q) "Under the direct supervision" means the application of a pesticide by a competent person acting under the instructions and control of a certified applicator who is available when needed, even though said applicator is not physically present at the time and place the pesticide is applied.

Notes

8 CCR 1203-1, pt. 1

38 CR 23, December 10, 2015, effective 12/30/2015 39 CR 23, December 10, 2016, effective 12/30/2016 40 CR 20, October 25, 2017, effective 11/30/2017 42 CR 18, September 25, 2019, effective 10/30/2019 46 CR 23, December 10, 2023, effective 12/30/2023