dept. 1200, 1203, 8 CCR 1203-2, pt. 2, Subpart D - Private Applicators
2.49.
Any person who uses or supervises the use of a restricted use pesticide for
purposes of producing any agricultural commodity on property owned or leased by
the applicator or the applicator's employer or, if the pesticide is applied
without compensation other than trading of personal services between producers
of agricultural commodities, on the property of another person must be a
licensed private applicator. The holder of a private applicator license is only
authorized to use restricted pesticides for the purpose of producing an
agricultural commodity as defined in Part 1.02(q).
2.50. Each applicant for a private applicator
license or renewal of a license must be 18 years of age and shall submit an
application on a form provided by the Commissioner, prior to the date of
expiration of any current license, which contains, at a minimum, the following:
the applicant's identification number, if any, his or her name, address,
telephone number, date of birth, photocopy of their identification, and any
other information required on the form.
2.51. The Commissioner may require
verification of any fact, including but not limited to, type of agricultural
commodity production claimed on any application, and may investigate the
truthfulness and accuracy of any and all information submitted by an applicant.
2.52 Each applicant for a private
applicator license shall take and pass an examination.
2.53 Each applicant for a private applicator
license shall pay a fee to be determined by the Commissioner. Said fee must be
paid separately from any other fee, including but not limited to, any fee for
examination as a private applicator.
2.54. A licensed private applicator shall be
responsible for the on-site supervision of any unlicensed private applicator
working under his or her direction, who mixes, loads, or applies a restricted
use pesticide, for purposes of producing any agricultural commodity on property
owned or leased by the applicator or the applicator's employer. For the
purposes of this Part 2.54, supervision of any unlicensed person working "under
his or her direction" shall mean work performed by an unlicensed individual
acting under the instruction and control of a licensed private applicator where
that unlicensed individual has met all training, qualifications, and
use-specific condition requirements in accordance with
40 C.F.R. §
171.201(b) - (d) (2017) (as
incorporated herein by reference) prior to the unlicensed private applicator
using a restricted use pesticide under the on-site supervision of a licensed
private applicator.
2.55. The
anniversary date of a private applicator license shall be the birth date of the
licensee.
2.56 In order for a
licensed private applicator to become licensed as a qualified supervisor or
certified operator, the applicant must take and pass both a general exam and a
category specific exam and meet any requirements outlined in Part 2, Subpart C,
of these Rules.
2.57 If a licensed
private applicator applies for licensure as a qualified supervisor or certified
operator, the private applicator shall be required to pay an additional
examination fee and application fee for licensure.
2.58. In order to qualify for renewal of a
license, a licensed private applicator must either take and pass the private
applicator exam or complete any continuing education required pursuant to Part
4 of these Rules. A license that is not renewed on or before the expiration
date of the license may be reinstated within one hundred eighty days after the
expiration date upon:
(a) Application and
payment of a reinstatement fee as determined by the Commissioner; and
(b) Proof that all renewal requirements have
been satisfied as of the expiration date of the license.
2.59. An individual certified or licensed by
another jurisdiction outside Colorado as a private applicator may obtain a
Colorado private applicator license without passing any examination, but only
for the unexpired term of the certification or license issued by such other
jurisdiction. Application for such licensure shall require proof of current
certification or licensure in good standing in the other jurisdiction and
payment of an application fee pursuant to Part 2.53. Said license shall expire
on the expiration date of the certification or license issued by the other
jurisdiction. Upon the expiration of the license issued pursuant to this Part
2.59, the individual may renew the certification or license issued by the other
jurisdiction and re-apply to become a private applicator in Colorado as
permitted by this Part 2.59, or apply for a license in Colorado and satisfy all
requirements therefore, including, but not limited to, taking and passing an
examination applicable to such licensure.
2.60. Private pesticide applicator licensure
classification: Category 401, Private Pesticide Applicator Pest Control, is for
the application of restricted use pesticides for the purpose of producing any
agricultural commodity on property owned or leased by the applicator or the
applicator's employer or, when the pesticide is applied without compensation
other than trading of personal services between producers of agricultural
commodities, on the property of another person.
2.61. Private applicators making aerial,
structural, or soil / non-soil fumigant applications must hold one or more of
the following categories that correspond to the application being made in
addition to the category 401, Private Pesticide Applicator license:
(a) Category 114: Aerial Pest Control: The
application of pesticides by unmanned aerial vehicle (UAV), fixed or rotary
wing aircraft.
(1) The Aerial Pest Control
category may be obtained by successfully passing an approved Aerial Pest
Control Certification examination offered by the Colorado Department of
Agriculture or any state with an approved Environmental Protection Agency
Certification Plan. Proof of a passing score obtained within the last 12 months
with exam results 70% or better must be provided to the Department with the
application.
(2) A reciprocal
Aerial Pest Control license may be issued if the license, issued by a state
with an approved Environmental Protection Agency Certification Plan with the
equivalent category, is current and in good standing. A reciprocal license will
expire on the date of the original issuing state's license.
(3) Applicators must obtain at least one (1)
Pest Management Continuing Education Credit in Aerial Pest Control prior to the
expiration of the license to renew the category. Failure to obtain at least one
continuing education credit will result in the expiration of the licensure
category and the applicator will be required to retest.
(b) Category 309A: Soil Fumigation Pest
Control: For the use of a fumigant to control pests in soil.
(1) The Soil Fumigation Pest Control category
may be obtained by successfully passing the Soil Fumigation Pest Control
Certification examination offered by the Colorado Department of
Agriculture.
(2) A reciprocal Soil
Fumigation Pest Control license may be issued if the license, issued by a state
with an approved Environmental Protection Agency Certification Plan with the
equivalent category, is current and in good standing. A reciprocal license will
expire on the date of the original issuing state's license.
(3) Applicators must obtain at least one (1)
Pest Management Continuing Education Credit in Soil Fumigation Pest Control
prior to the expiration of the license to renew the category. Failure to obtain
at least one continuing education credit will result in the expiration of the
license category and the applicator will be required to retest.
(4) The Soil Fumigation Pest Control category
does not allow application of fumigants to control pests in structures as
described in category 303, Structural Fumigation Pest Control, or to control
pests in non-soil sites, such as burrowing rodent control, described in
category 309B: Non-Soil Fumigation Pest Control.
(5) To apply a fumigant in a structure or to
apply a fumigant to control pests in non-soil sites, including burrowing rodent
control, the private applicator must hold, in addition to a category 401,
Private Pesticide applicator license, category 303, category 309B, or, if
applicable, both.
(c)
Category 309B: Non-Soil Fumigation Pest Control: For the use of a fumigant to
control pests in non-soil sites not otherwise addressed in category 303,
Structural Fumigation Pest Control.
(1) The
Non-Soil Fumigation Pest Control category may be obtained by successfully
passing the Non-Soil Fumigation Pest Control Certification examination offered
by the Colorado Department of Agriculture.
(2) A reciprocal Non-Soil Fumigation Pest
Control license may be issued if the license, issued by a state with an
approved Environmental Protection Agency Certification Plan with the equivalent
category, is current and in good standing. A reciprocal license will expire on
the date of the original issuing state's license.
(3) Applicators must obtain at least one (1)
Pest Management Continuing Education Credit in Non-Soil Fumigation Pest Control
prior to the expiration of the license to renew the category. Failure to obtain
at least one continuing education credit will result in the expiration of the
license category and the applicator will be required to retest.
(4) This Non-Soil Fumigation Pest Control
category does not allow application of fumigants to control pests in structures
as described in category 303, Structural Fumigation Pest Control, or
application of fumigants to control pests in soil as described in category
309A: Soil Fumigation Pest Control.
(5) To apply a fumigant in a structure or to
apply a fumigant to control pests in soil the private applicator must hold, in
addition to a category 401, Private Pesticide applicator license, category 303,
category 309A, or, if applicable, both.
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.
2.49. Any person who uses or supervises the use of a restricted use pesticide for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer or, if the pesticide is applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person must be a licensed private applicator. The holder of a private applicator license is only authorized to use restricted pesticides for the purpose of producing an agricultural commodity as defined in Part 1.02(q).
2.50. Each applicant for a private applicator license or renewal of a license must be 18 years of age and shall submit an application on a form provided by the Commissioner, prior to the date of expiration of any current license, which contains, at a minimum, the following: the applicant's identification number, if any, his or her name, address, telephone number, date of birth, photocopy of their identification, and any other information required on the form.
2.51. The Commissioner may require verification of any fact, including but not limited to, type of agricultural commodity production claimed on any application, and may investigate the truthfulness and accuracy of any and all information submitted by an applicant.
2.52. Each applicant for a private applicator license shall take and pass an examination.
2.53. Each applicant for a private applicator license shall pay a fee to be determined by the Commissioner. Said fee must be paid separately from any other fee, including but not limited to, any fee for examination as a private applicator.
2.54. A licensed private applicator shall be responsible for the on-site supervision of any unlicensed private applicator working under his or her direction, who mixes, loads, or applies a restricted use pesticide, for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer. For the purposes of this Part 2.54, supervision of any unlicensed person working "under his or her direction" shall mean work performed by an unlicensed individual acting under the instruction and control of a licensed private applicator where that unlicensed individual has met all training, qualifications, and use-specific condition requirements in accordance with 40 C.F.R. § 171.201(b) - (d) (2017) (as incorporated herein by reference) prior to the unlicensed private applicator using a restricted use pesticide under the on-site supervision of a licensed private applicator.
2.55. The anniversary date of a private applicator license shall be the birth date of the licensee.
2.56. In order for a licensed private applicator to become licensed as a qualified supervisor or certified operator, the applicant must take and pass both a general exam and a category specific exam and meet any requirements outlined in Part 2, Subpart C, of these Rules.
2.57. If a licensed private applicator applies for licensure as a qualified supervisor or certified operator, the private applicator shall be required to pay an additional examination fee and application fee for licensure.
2.58. In order to qualify for renewal of a license, a licensed private applicator must either take and pass the private applicator exam or complete any continuing education required pursuant to Part 4 of these Rules. A license that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:
(a) Application and payment of a reinstatement fee as determined by the Commissioner; and
(b) Proof that all renewal requirements have been satisfied as of the expiration date of the license.
2.59. An individual certified or licensed by another jurisdiction outside Colorado as a private applicator may obtain a Colorado private applicator license without passing any examination, but only for the unexpired term of the certification or license issued by such other jurisdiction. Application for such licensure shall require proof of current certification or licensure in good standing in the other jurisdiction and payment of an application fee pursuant to Part 2.53. Said license shall expire on the expiration date of the certification or license issued by the other jurisdiction. Upon the expiration of the license issued pursuant to this Part 2.59, the individual may renew the certification or license issued by the other jurisdiction and re-apply to become a private applicator in Colorado as permitted by this Part 2.59, or apply for a license in Colorado and satisfy all requirements therefore, including, but not limited to, taking and passing an examination applicable to such licensure.
2.60. Private pesticide applicator licensure classification: Category 401, Private Pesticide Applicator Pest Control, is for the application of restricted use pesticides for the purpose of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer or, when the pesticide is applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.
2.61. Private applicators making aerial, structural, or soil / non-soil fumigant applications must hold one or more of the following categories that correspond to the application being made in addition to the category 401, Private Pesticide Applicator license:
(a) Category 114: Aerial Pest Control: The application of pesticides by unmanned aerial vehicle (UAV), fixed or rotary wing aircraft.
(1) The Aerial Pest Control category may be obtained by successfully passing an approved Aerial Pest Control Certification examination offered by the Colorado Department of Agriculture or any state with an approved Environmental Protection Agency Certification Plan. Proof of a passing score obtained within the last 12 months with exam results 70% or better must be provided to the Department with the application.
(2) A reciprocal Aerial Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state's license.
(3) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Aerial Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the licensure category and the applicator will be required to retest.
(b) Category 309: Soil / Non-Soil Fumigation Pest Control: For the use of a fumigant to control pests in soil or non-soil sites not otherwise addressed in category 303, Structural Fumigation Pest Control.
(1) The Soil / Non-Soil Fumigation Pest Control category may be obtained by successfully passing the Soil / Non-Soil Fumigation Pest Control Certification examination offered by the Colorado Department of Agriculture.
(2) A reciprocal Soil / Non-Soil Fumigation Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state's license.
(3) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Soil / Non-Soil Fumigation Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the license category and the applicator will be required to retest.
(4) The Soil / Non-Soil Fumigation Pest Control category does not allow application of fumigants to control pests in structures as described in category 303, Structural Fumigation Pest Control. To apply a fumigant in a structure, a person holding a category 401, Private Pesticide Applicator license, must also hold category 303.