8 CCR 1203-1, pt. 13 - Restricted and Limited use pesticides

13.1. Pesticides containing the following active ingredients when used as herbicides are hereby declared to be state restricted use pesticides that may be distributed only to licensed dealers, licensed applicators, or their authorized agents. State restricted use pesticides shall not be distributed to any applicator who is not licensed in the appropriate category to apply that pesticide.

(a) Bromacil

(b) Diuron

(c) Monuron

(d) Prometon

(e) Sodium chlorate

(f) Tebuthiuron

(g) Sodium metaborate

13.2. Federal restricted use pesticides may be distributed only to licensed dealers, licensed applicators, or their authorized agents. Federal restricted use pesticides shall not be distributed to any applicator who is not licensed in the appropriate category to apply that pesticide.

13.3. Every pesticide dealer shall maintain at each licensed dealership location records of all transactions in which a state or federal restricted use pesticide is distributed by that dealership to any person. Records of each such transaction must be maintained for a period of 24 months after the date of the transaction, and must include the following information:

(a) The name of the licensed applicator, to whom the pesticide was distributed, and the name and address of his or her principle place of business.

(b) Either:

(1) The certification number on the document evidencing that person's certification, the State (or other governmental unit) that issued the document, the expiration date of the certification, and the appropriate categories in which the applicator is certified; or

(2) The pesticide dealer license number, if sold to another dealer.

(c) The product name, EPA registration number, and the Colorado special local need registration number, granted under section 24(c) of the FIFRA (incorporated by reference herein, later amendments not included) (if any) on the label of the pesticide;

(d) The quantity of the pesticide distributed in the transaction; and

(e) The date of the transaction.

(f) Restricted use pesticides may be distributed to a licensed applicator via an unlicensed person authorized by the licensed applicator to act as his or her agent for that purpose. If distribution is made through such an agent, the dealer records must also include:

(1) The name and current address of the authorized agent through which such distribution was made;

(2) A record of the applicator's license showing the categories of licensure.

(3) A signed statement from the licensed applicator authorizing the agent to receive delivery of restricted use pesticides on behalf of that applicator.

13.4. Except as set forth in Part 13.5, any pesticide containing one or more of the following active ingredients is hereby declared to be a state limited-use pesticide that may be distributed only by licensed dealers.

(a) Acetamiprid

(b) Clothianidin

(c) Dinotefuran

(d) Imidacloprid

(e) Nitenpyram

(f) Nithiazine

(g) Thiacloprid

(h) Thiamethoxam

13.5. Pesticide products containing any of the neonicotinoid active ingredients outlined in Part 13.4 that are labeled for the following uses are exempt from the limited-use designation and dealer licensure requirements to distribute these products.

(a) For use in research;

(b) Pet care product;

(c) Products used by licensed veterinarians licensed pursuant to Article 315, Title 12;

(d) Indoor pest control product;

(e) Personal care product used for controlling lice;

(f) Products used in structural insulation;

(g) Products used as a wood preservative or in the manufacturing of wood preservatives;

(h) Bait products, including but not limited to bait station traps and scatter bait;

(i) Insect strip.

13.6. Effective July 1, 2024, any person distributing a pesticide product containing the neonicotinoid active ingredients outlined in Part 13.4 and that are not exempt pursuant to Part 13.5, must obtain a pesticide dealer license.

Notes

8 CCR 1203-1, pt. 13

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