8 CCR 1203-1, pt. 12 - Emergency exemptions

The following general conditions are set in order to comply with provisions of exemptions which may be issued under Section 18 of the FIFRA (incorporated by reference herein, later amendments not included) for the use of pesticides in emergency situations. However, in addition, due to the highly unique and special nature of each exemption, each exemption shall have its own specific conditions.

12.1. Any Section 18 pesticide product must be registered in Colorado. If a Section 18 pesticide product is registered in Colorado, no further registration is required.

12.2. Definition and construction of terms. As used in this part, unless the context otherwise requires:

(a) "Authorization" means that document prepared by EPA and delivered to the Department by EPA stating the compound, the use and conditions for use under which approval for the Section 18 emergency exemption was granted.

(b) "Commercial applicator" means persons licensed by the state of Colorado as commercial applicators pursuant to §§ 35-10-101 to 128, C.R.S. (incorporated by reference herein, later amendments not included).

(c) "Permit" means a permit granted by the Department to persons for the sale or use of pesticides granted emergency exemption status under Section 18 of the FIFRA.

(d) "Section 18" means any exemption from registration under the authority of Section 18 of the FIFRA, and any rules or regulations thereto.

(e) "Section 18 pesticide" means any pesticide designated by the Commissioner for use in any Section 18 exemption.

12.3. Any pesticide compound determined to be a Section 18 pesticide shall maintain that status for the duration of the Section 18 authorization.

12.4. Permit Required.

(a) All persons wishing to sell, purchase, and/or use a Section 18 pesticide shall obtain a permit for such sale, purchase, and/or use from the Department of Agriculture prior to any such sale, purchase, and/or use. The Department may waive such requirement if such a permit is not included in the Section 18 authorization.

(b) In the event a permit is not required by a Section 18 authorization any and all individuals wishing to sell, purchase, and/or use a Section 18 pesticide shall be bound by all conditions and restrictions as set forth by the Commissioner, in the Section 18 authorization, and on the product label.

(c) Permits shall be requested by the submission of an application in the form prescribed by the Department.

(1) There shall be no charge for the issuance of a permit by the Department.

(2) Permits for the purchase and/or use of a Section 18 pesticide shall only be issued to persons licensed, registered, or certified by the Commissioner pursuant to §§ 35-10-101 through 128 C.R.S.

(3) Permits to sell a Section 18 pesticide shall only be issued to those persons who are dealers licensed pursuant to the Act.

(d) All permits shall be subject to the conditions specified and any and all conditions or restrictions which may appear on the approved product label or labeling.

(e) The permit shall authorize the sale or purchase and/or use of the pesticide product or products indicated in the Section 18 authorization. The sale or use of any other product containing the identical active ingredient(s) for control of the specified pest under the provisions of this permit is expressly prohibited.

(f) The Department may suspend or revoke any and all permits issued under these Rules in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act.

(g) Any permit issued under these Rules may be suspended immediately if there is sufficient evidence to show the Section 18 pesticide was sold or used in violation of the conditions of the permit and/or in a manner so as to present an unreasonable hazard to man, any other species, the environment or public or personal property.

(h) Each permittee shall be furnished with a copy of the actual EPA Section 18 authorization by the Department.

12.5. Conditions of the Permit. The following conditions shall be placed upon the sale, purchase, and use of a Section 18 pesticide under the permits issued.

(a) Each Section 18 pesticide shall be subject to all specific restrictions and conditions as may be stated by the Commissioner and in the Section 18 authorization from the EPA to the Department and all permittees must abide by these conditions.

(b) No applications shall be performed in any area until the Department has determined that area to meet the qualifications for treatment as specified by the Commissioner and in the Section 18 authorization.

(c) No field or other site shall be treated unless it has been determined by the permittee or his representative that it fulfills each and all specific qualifications for treatment as specified by the Commissioner and in the Section 18 authorization.

(d) Under no circumstances shall applications be performed in any area to any site other than those specifically authorized by the Commissioner and in compliance with the Section 18 authorization.

(e) The Colorado Department of Agriculture must be notified in writing by the permittee within twenty-four (24) hours of knowledge of any adverse effects on man, any other species, the environment or public or personal property which result from the application of a Section 18 pesticide under any permit issued under the provisions of these Rules.

(f) All permittees shall keep records as required by the permit and must make such records available to the Department on request at any reasonable hour.

(g) All permittees shall submit such report(s) as required by the permit.

(h) All commercial applicators licensed pursuant to §§ 35-10-101 to 128, C.R.S. (incorporated by reference herein, later amendments not included) who are issued a permit under the provisions of these Rules shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals, or feeding restrictions; and any other pertinent precautionary information as specified by the Commissioner, the Section 18 authorization to the Department, and the label. All such notification shall be in writing or be a copy of approved required labeling unless exempted by the Department and shall be in a timely manner or within such time period as may be specified by the Commissioner and in the Section 18 authorization so as to permit the customer to adequately comply with all restrictions and prohibitions.

(i) Persons permitted to apply, or applying, as the case may be, a Section 18 pesticide under these Rules shall not be construed to be pesticide dealers provided they do not engage in the resale for use of any Section 18 pesticide.

(j) The sale of any Section 18 pesticide for the purpose for which the Section 18 authorization was granted to any individual who does not meet the qualifications established by the Commissioner and of the Section 18 authorization as required is strictly prohibited. Violation of this provision will be deemed a violation of the regulations and Act, and may result in further administrative actions against the dealer or permittee or immediate suspension of the dealer permit.

12.6. Responsibilities of All Users and/or Dealers.

(a) Nothing herein shall be construed as abrogating applicator responsibility under the FIFRA or the Colorado Pesticide Applicators' Act, or as abrogating dealer responsibility under the FIFRA or the Colorado Pesticide Act.

(b) If the permit required has been waived, then no application, use, or sale shall be contrary to the requirements of the Commissioner, the Section 18 authorization, or the product's label.

(c) Storage and disposal of a Section 18 pesticide shall be in accordance with all provisions of the Commissioner, of the Section 18 authorization, the product's label, and all state and federal hazardous waste laws.

(d) All applications and sales shall be in accordance with all provisions established by the Commissioner and of the Section 18 authorization.

(e) All commercial applicators shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals; or feeding restrictions; and any other pertinent precautionary information as specified by the Commissioner, in the Section 18 authorization to the Department, and on the label. All such notification shall be in writing or by copy of approved required labeling unless exempted by the Department.

(f) Any supplemental label or labeling for the use of a Section 18 pesticide must accompany the sale for use of such product(s).

(g) The Department may suspend the authorized sale or use of a Section 18 pesticide in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment, or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act.

Notes

8 CCR 1203-1, pt. 12

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