8 CCR 1203-2, pt. 17 - The Use of Pesticides in the Production of Cannabis
17.01. Definition and Construction of Terms
for purpose of this Part 17, as used in these Rules unless the context
otherwise requires:
(a) "Cannabis" means a
plant of the genus Cannabis and any part of the plant.
(b) "Human consumption" means the consumption
of cannabis by a person through oral ingestion, absorption through the skin,
inhalation through smoking, vaporization or other means.
(c) "Tolerance" means a level of pesticide
residue in or on food that the Environmental Protection Agency has determined
with reasonable certainty will not pose a hazard to public health when used in
accordance with label directions.
17.02. Pesticide Use on Cannabis: These Rules
establish the criteria under which certain pesticides may be legally used on
cannabis in the State of Colorado. To assist cannabis growers, the Department
will publish a list of pesticides that it has determined meet these criteria.
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 cannabis 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 cannabis
because the health effects on consumers are unknown.
17.03. Any pesticide used in the cultivation
of cannabis must be registered with the Colorado Department of Agriculture,
except for purposes of research and demonstration conducted in accordance with
40 C.F.R. Part 172 (2017) (as incorporated herein by reference).
Notwithstanding any other requirements in this Part 17, a pesticide on the list
published pursuant to Part 17.02 that was registered at the time of purchase,
but was not renewed with the Department in the subsequent registration year,
may be used within that subsequent registration year until gone, unless the
Department has determined that use is prohibited in accordance with Part
17.05.
17.04. Any pesticide
registered with the Colorado Department of Agriculture may be used in
accordance with its label or labeling directions for the cultivation of
cannabis in the State of Colorado under the following conditions, provided
that:
(a) For products registered by the
Environmental Protection Agency under Section 3 of the Federal Insecticide,
Fungicide, Rodenticide Act, no person may use a pesticide product in the
cultivation of cannabis unless:
(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);
(2) The pesticide product label allows use on
the intended site of application. The term "site" for purposes of this Part
17.04 includes any location or crop to which the application is made;
(3) The pesticide product label expressly
allows use on crops or plants intended for human consumption; and
(4) The active ingredients of the pesticide
product are allowed for use on tobacco by the Environmental Protection
Agency.
(b)
Notwithstanding Part 17.04(a)(3), the Commissioner has the authority to permit
the use of a pesticide product whose label does not expressly allow use on
crops intended for human consumption if:
(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);
(2) The pesticide product label allows use on
the intended site of application; and
(3) The active ingredients of the pesticide
product are allowed for use on tobacco.
(c) If the pesticide product label
specifically allows use on cannabis, such use is permitted.
(d) For 25(b) minimum risk pesticide products
as defined in 40 C.F.R.
§
152.25(f) (2017) (as
incorporated herein by reference), no person may use a minimum risk pesticide
product in the cultivation of cannabis unless the pesticide product label
allows use on the intended site of application and allows use on crops or
plants intended for human consumption.
(e) For pesticide products with a Colorado
Special Local Need registration, issued under Section 24(c) of the Federal
Insecticide, Fungicide and Rodenticide Act, no person may use such a product in
the cultivation of cannabis unless the Colorado Special Local Need label allows
use on cannabis.
17.05.
The Commissioner may prohibit the use of any pesticide product for the
cultivation of cannabis if the Commissioner determines that such use poses a
significant threat to public health and safety or the environment.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.