RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PESTICIDE APPLICATORS' ACT
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DEPARTMENT OF AGRICULTURE
Plant Industry Division
RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF
THE PESTICIDE APPLICATORS’ ACT
8 CCR 1203-2
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
Part 1. Construction of Terms, Definitions and Incorporations by Reference.
1.01.
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.
1.02.
As used in these Rules, unless the context otherwise requires:
(a)
“abut” means to join; to be contiguous, as where no other land, road, or street intervenes;
“abut” includes two property sites that would otherwise be considered abutting, but for the
fact that such sites are separated by an alley. As used herein, "alley" means a street or
highway intended to provide access to the rear or side of lots or buildings in urban areas
and not intended for the purpose of through vehicular traffic. As used herein, “vehicle”
shall have the meaning set forth at § 42-1-102(112), C.R.S.
(b)
“category” shall include any sub-category thereof.
(c)
“contiguous dwelling unit” means a dwelling unit that is contiguous with another dwelling
unit, both of which units are owned, managed, leased, or subleased by the same
landlord.
(d)
“dwelling unit” means a structure or the part of a structure that is used as a home,
residence, or sleeping place by a tenant.
orth at § 42-1-102(112), C.R.S.
(b)
“category” shall include any sub-category thereof.
(c)
“contiguous dwelling unit” means a dwelling unit that is contiguous with another dwelling
unit, both of which units are owned, managed, leased, or subleased by the same
landlord.
(d)
“dwelling unit” means a structure or the part of a structure that is used as a home,
residence, or sleeping place by a tenant.
(e)
“engaged in the business of applying pesticides for hire” means: the evaluation of pest
problems; the recommendation of pest controls and evaluation of results; the mixing,
loading or application of pesticides; and/or the soliciting, advertising, offering or
contracting to do any of the above, in return for money or anything of value, including
goods or services. Notwithstanding anything to the contrary in the foregoing, the
rendering of consultation services by an individual in evaluating pest problems,
recommending pest controls and/or evaluating results, shall not be deemed to constitute
the application of pesticides for hire, if said individual is not affiliated with, or soliciting
business for, any person or business entity which performs the mixing, loading or
application of pesticides.
(f)
“in the possession of” means in the physical possession of the applicator or in a location
at the site of the application, such as a service vehicle, that is readily accessible to the
applicator.
Colorado Register
Secretary of State
State of Colorado
CODE OF COLORADO REGULATIONS
8 CCR 1203-2
Plant Industry Division
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(g)
“fumigant” means any substance which by itself or in combination with other substances
emits or liberates a gas or gases, fumes or vapors, and which gas or gases, fumes or
vapors when liberated and used will destroy vermin, rodents, insects, and other pests,
but are usually lethal, poisonous, noxious, or dangerous to human life.
(h)
“landlord” means the owner, manager, lessor, or sublessor of a residential premises.
y substance which by itself or in combination with other substances
emits or liberates a gas or gases, fumes or vapors, and which gas or gases, fumes or
vapors when liberated and used will destroy vermin, rodents, insects, and other pests,
but are usually lethal, poisonous, noxious, or dangerous to human life.
(h)
“landlord” means the owner, manager, lessor, or sublessor of a residential premises.
(i)
“pasture” means land which is managed primarily for the production of forage for
domestic livestock. Pasture typically receives intensive renovation and/or cultural
treatments, such as tillage, fertilization, mowing, irrigation and weed control.
(j)
“proof of medical justification” means a statement signed by a physician licensed to
practice medicine in Colorado pursuant to Article 240 of Title 12, C.R.S. which states
I certify that the individual named above is a patient of mine and should be placed on the
list of pesticide sensitive individuals. This individual has a documented sensitivity to
certain pesticides and should not be exposed to them because of the reason(s) described
below:
(k)
“property damage” includes, but is not limited to, injury to domestic animals, livestock and
economically important insects.
(l)
“ready to use pesticide” means, any pesticide that requires no mixing or loading of a
pesticide into a service container or other application device; such as but not limited to:
aerosols and pre-mixed formulations in the original container.
(m)
“structure” means any building, regardless of its design or the type of material used in its
construction, whether public or private, vacant or occupied, the foundation thereof, and
the adjacent outside areas, and shall also include but shall not be limited to warehouses,
trucks, boxcars, boats, airplanes, other vehicles, or the contents thereof, and fumigation
vaults.
(n)
“tenant” means a person entitled under a rental agreement to occupy a dwelling unit to
the exclusion of others.
(o)
“use” has the same meaning set forth in § 35-10-103(18), C.R.S.
he foundation thereof, and
the adjacent outside areas, and shall also include but shall not be limited to warehouses,
trucks, boxcars, boats, airplanes, other vehicles, or the contents thereof, and fumigation
vaults.
(n)
“tenant” means a person entitled under a rental agreement to occupy a dwelling unit to
the exclusion of others.
(o)
“use” has the same meaning set forth in § 35-10-103(18), C.R.S.
(p)
“to use any pesticide in a manner inconsistent with labeling directions or requirements”
includes, but is not limited to, for termiticides only, the use of a termiticide at any
concentration less than that stated on the labeling.
(q)
“agricultural commodity” means any plant, or part thereof, or animal, or animal product,
produced by a person (including farmers, ranchers, vineyardists, plant propagators,
Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other
comparable persons) primarily for sale, consumption, propagation, or other use by man
or animals.
(r)
“device” means any device for which licensure as a commercial applicator is required
pursuant to § 35-10-118(9.5). C.R.S. For purposes of these Rules, use of a pesticide
includes the use of any such device by a commercial applicator.
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1.03.
Material incorporated by reference does not include any later amendments or editions of the
incorporated material. Copies of material incorporated by reference in these Rules is available for
public inspection during regular business hours. This incorporated material may be obtained at a
reasonable charge or examined by contacting the Pesticide Section Chief, Department of
Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material
may be examined at no cost on the Internet at:
14 C.F.R. Part 137 (2025): https://www.ecfr.gov/cgi-bin/text-
idx?SID=78202a2b282637d0353bef1963d3eb97&mc=true&node=pt14.3.137&rgn=div5
14 C.F.R
erial may be obtained at a
reasonable charge or examined by contacting the Pesticide Section Chief, Department of
Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material
may be examined at no cost on the Internet at:
14 C.F.R. Part 137 (2025): https://www.ecfr.gov/cgi-bin/text-
idx?SID=78202a2b282637d0353bef1963d3eb97&mc=true&node=pt14.3.137&rgn=div5
14 C.F.R. Part 107 (2025): https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107
7 C.F.R. Part 110 (2017): https://www.ecfr.gov/cgi-bin/text-
idx?SID=341d0f40e8a82f23d37560d37f1d3795&mc=true&node=pt7.3.110&rgn=div5
40 C.F.R. § 156.10(h) (2017): https://www.ecfr.gov/cgi-bin/text-
idx?SID=0bf63629a0295f907ad146fa19191798&mc=true&node=se40.26.156_110&rgn=div8
29 C.F.R. § 1910.1200 (2017): https://www.ecfr.gov/cgi-bin/text-
idx?SID=86491cb903d67e9bba95d83941202d06&mc=true&node=se29.6.1910_11200&rgn=div8
40 C.F.R. PART 172 (2017): HTTPS://WWW.ECFR.GOV/CGI-
BIN/TEXTIDX?SID=6AC65677C44BBA253A0D63B16ED45E72&MC=TRUE&NODE=PT40.26.17
2&RGN=DIV5
40 C.F.R. PART 180 (2017: HTTPS://WWW.ECFR.GOV/CGI-
BIN/TEXTIDX?SID=0EEE3CBC0A72651B5B0BF97FD64ABD54&MC=TRUE&NODE=PT40.26.1
80&RGN=DIV5
40 C.F.R. § 152.25 (2017): HTTPS://WWW.ECFR.GOV/CGI-
BIN/TEXTIDX?SID=0EEE3CBC0A72651B5B0BF97FD64ABD54&MC=TRUE&NODE=PT40.26.1
52&RGN=DIV5 #SE40.26.152_125
40 C.F.R. §§ 171.103(c) , 171.103(d), 171.105(a), AND 171.201(d) (2017): https://ecfr.io/Title-
40/pt40.26.171#se40.26.171_1103
40 C.F.R. § 170.3 (2017): https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-
170/subpart-A/section-170.3
Part 2. The Licensing System.
Subpart A
Commercial Applicators
2.01.
A person engaged in the business of applying pesticides must be licensed as a commercial
applicator under the Act. To be licensed or to renew a license as a commercial applicator, any
designated qualified supervisor(s) must be licensed in good standing in the category for which a
commercial applicator's license is sought.
2.02
.3
Part 2. The Licensing System.
Subpart A
Commercial Applicators
2.01.
A person engaged in the business of applying pesticides must be licensed as a commercial
applicator under the Act. To be licensed or to renew a license as a commercial applicator, any
designated qualified supervisor(s) must be licensed in good standing in the category for which a
commercial applicator's license is sought.
2.02.
A person not engaged in the business of applying pesticides is not required to be licensed as a
commercial applicator under the Act. For example, a person who evaluates and/or recommends
pest controls while not engaging in the business of applying pesticides or working for a person
who engages in the business of applying pesticides is not required to be licensed under the Act.
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2.03.
Each applicant for a license shall submit a signed, complete, accurate, and legible application, on
a form provided by the Commissioner, which shall include, at a minimum: the name and address
of the business, the name under which the business will operate (the doing business as name),
the name of the person who is the primary contact, the address and telephone number of the
location where the applicator records are to be kept, the name and identification numbers of all
qualified supervisors employed or designated by the business, and any other information required
on the form.
2.04.
In addition to the application form described above, each applicant for a license or applicant for
renewal of a license, shall submit the license fee set by the Commissioner. If the license fee does
not accompany the application, the application for license or renewal of a license may be denied.
2.05.
Each person applying as a corporation or other entity shall submit a certificate of good standing
from the Secretary of State.
2.06.
Each applicant shall submit to the Commissioner the name under which the business will operate
mit the license fee set by the Commissioner. If the license fee does
not accompany the application, the application for license or renewal of a license may be denied.
2.05.
Each person applying as a corporation or other entity shall submit a certificate of good standing
from the Secretary of State.
2.06.
Each applicant shall submit to the Commissioner the name under which the business will operate.
If the licensee operates under more than one name, each such name shall be listed with the
Commissioner.
2.07.
Beginning with license year 1994, the annual license fee for commercial applicators shall be
$350.00.
2.08.
Each applicant for renewal of a license shall annually submit a signed, complete, accurate, and
legible application on a form provided by the Commissioner, which shall include, at a minimum:
the name and address of the business, the name of the person who is the primary contact, the
address and telephone number of the location where the applicator records are to be kept, the
name and identification numbers of all qualified supervisors employed by the business, and any
other information required on the form.
2.09.
Each applicant for a license shall provide evidence of liability insurance to the Commissioner.
2.10.
Each applicant for renewal of a license in all categories shall have on file at the time of
submission of an application for renewal of a license evidence of liability insurance which is in
force at the time of application.
2.11.
Each commercial applicator shall have on file with the Commissioner evidence of liability
insurance at the time any pesticide application is performed.
2.12.
Adequate Supervision:
(a)
A licensee must have at least one qualified supervisor for every fifteen (15) technicians,
of which no more than eight (8) may be unlicensed technicians. For purposes of the
provision, the term “unlicensed technician” means a technician who does not have a
certified operator license
evidence of liability
insurance at the time any pesticide application is performed.
2.12.
Adequate Supervision:
(a)
A licensee must have at least one qualified supervisor for every fifteen (15) technicians,
of which no more than eight (8) may be unlicensed technicians. For purposes of the
provision, the term “unlicensed technician” means a technician who does not have a
certified operator license
(b)
A responsible qualified supervisor must be available while any technician under their
supervision is using a pesticide. For purposes of this provision, the term “available”
means able to communicate verbally with the technician and the Department and to
respond appropriately to any emergency.
(c)
A qualified supervisor may act in a supervisory capacity for one or more commercial
applicator businesses at any given time, but only for the licensure category(ies) the
qualified supervisor holds.
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(d)
A qualified supervisor may supervise one or more technicians employed by multiple
commercial applicator businesses, so long as the aggregate number of technicians
supervised from among those commercial applicator businesses does not exceed 15
technicians at any one point.
2.13.
A commercial applicator who conducts business at two or more business locations shall obtain a
license for each location at which it employs one or more permanent employees engaged in the
application of pesticides for hire. For purposes of this paragraph, “business locations” means any
physical location at or through which the functional operations of business regularly occur,
including, but not limited to, financial transactions, arrangement of contracts, or assignment of
work, and excluding buildings or locations used solely for storage of equipment or supplies or
telephone answering services.
2.14.
A commercial applicator may not apply pesticides aerially without an endorsement on its license
by the Commissioner permitting such applications
business regularly occur,
including, but not limited to, financial transactions, arrangement of contracts, or assignment of
work, and excluding buildings or locations used solely for storage of equipment or supplies or
telephone answering services.
2.14.
A commercial applicator may not apply pesticides aerially without an endorsement on its license
by the Commissioner permitting such applications. In order to obtain such endorsement, the
applicant or licensee shall present evidence that at least one pilot employed or to be employed by
said applicant, currently holds a commercial agricultural aircraft operator certificate issued by the
Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14 C.F.R. Part
137 (2025) (as incorporated herein by reference) or, for pesticide applications made by
unmanned aircraft systems (UAV), a copy of the certificate issued by the Federal Aviation
Administration, U.S. Department of Transportation, pursuant to 14 C.F.R. Part 107 (2025) (as
incorporated herein by reference) for each remote pilot conducting operations for a commercial
applicator. If the employment of said pilot or pilots is terminated for any reason, the licensee shall
immediately cease aerial application of pesticides unless and until it is in compliance with this
Rule.
2.15.
A business not engaged in the business of applying pesticides for hire, and not licensed under
the Act, may solicit and enter into a written contract which incidentally requires one or more
pesticide applications only in accordance with the provisions of this Part 2.15. Examples of such
contracts, but not by way of limitation, are maintenance and paving contracts. If such business
hires a licensed commercial applicator to perform the pesticide application as a subcontractor,
then the primary contractor need not itself be licensed under the Act
which incidentally requires one or more
pesticide applications only in accordance with the provisions of this Part 2.15. Examples of such
contracts, but not by way of limitation, are maintenance and paving contracts. If such business
hires a licensed commercial applicator to perform the pesticide application as a subcontractor,
then the primary contractor need not itself be licensed under the Act. If the primary contractor
does not hire a licensed commercial applicator to perform such applications, then the primary
contractor must obtain a license prior to entering into the primary contract. Entry into any such
contract that does not have an express written statement that the contractor will subcontract with
a licensed commercial applicator to perform the pesticide application(s) called for in the contract,
shall constitute a violation of § 35-10-117(1)(c), C.R.S. Failure to include such a statement in any
solicitations, whether oral or written, to enter into such a contract shall constitute a separate
violation of § 35-10-117(1)(c), C.R.S.
2.16.
A commercial applicator not licensed in a category (“contractor”) may solicit and enter into a
written contract with a customer to perform pesticide applications in said category only if the
contractor subcontracts with a commercial applicator licensed in said category (“subcontractor”)
to perform the pesticide application in that category. In this case, the subcontractor shall be
responsible for all aspects of the application. If the contractor hires the subcontractor to perform
the pesticide application, then the contractor need not itself be licensed in the category. If the
contractor does not hire a subcontractor to perform such applications, then the contractor must
obtain a license in said category prior to entering into any contract with a customer for any
pesticide application in said category
of the application. If the contractor hires the subcontractor to perform
the pesticide application, then the contractor need not itself be licensed in the category. If the
contractor does not hire a subcontractor to perform such applications, then the contractor must
obtain a license in said category prior to entering into any contract with a customer for any
pesticide application in said category. Entry into any such contract that does not have an express
written statement that the contractor will subcontract with a subcontractor licensed to perform the
pesticide application(s) called for in the contract, shall constitute a violation of § 35-10-117(1)(c).
C.R.S. Failure to include such a statement in any solicitation, whether oral or written, to enter into
such a contract shall constitute a separate violation of § 35-10-117(1)(c), C.R.S.
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2.17.
A commercial applicator licensed in a category (“contractor”) may enter into a contract with a
customer to perform pesticide applications in said category. The contractor may subcontract with
another commercial applicator licensed in the same category (“subcontractor”) to perform the
pesticide application under the primary contract. In this case, both the contractor and
subcontractor shall be responsible for all aspects of the application. For example and not by way
of limitation: both applicators are required to keep records of the application; both applicators are
responsible for any notification required under the act or these Rules; and both applicators are
responsible for the proper application of any pesticides.
Subpart B
Registered Limited Commercial Applicators and Registered Public Applicators
2.18
pects of the application. For example and not by way
of limitation: both applicators are required to keep records of the application; both applicators are
responsible for any notification required under the act or these Rules; and both applicators are
responsible for the proper application of any pesticides.
Subpart B
Registered Limited Commercial Applicators and Registered Public Applicators
2.18.
Any person who in the course of conducting a business only in or on property owned or leased by
the person or the person's employer (“limited commercial applicator”) is engaged in applying
restricted use pesticides, and any agency of the state, any county, city and county, or
municipality, or any other local governmental entity or political subdivision (“public applicator”)
which applies restricted use pesticides shall register with the Commissioner.
2.19.
An entity which does not apply restricted use pesticides but otherwise qualifies as a limited
commercial applicator or a public applicator may register with the Commissioner.
2.20.
A limited commercial applicator or public applicator which exclusively applies general use
pesticides is not required to register with the Commissioner unless they have so designated in
accordance with Part 2.19.
2.21.
Any limited commercial applicator or public applicator registered pursuant to the Act and these
Rules shall be governed by the Act and these Rules for all pesticide applications including those
involving general use pesticides.
2.22.
The limited commercial applicator or public applicator shall designate on its application one or
more individuals, who are or will be employed by it in the capacity of qualified supervisor, to take
the examination for each category and subcategory for which the registration is sought.
2.23
he Act and these Rules for all pesticide applications including those
involving general use pesticides.
2.22.
The limited commercial applicator or public applicator shall designate on its application one or
more individuals, who are or will be employed by it in the capacity of qualified supervisor, to take
the examination for each category and subcategory for which the registration is sought.
2.23.
To be registered as a limited commercial applicator or public applicator, the designated qualified
supervisor must be licensed in good standing and must meet all qualifications including, but not
limited to, the experience and/or educational qualifications set forth in these Rules for each of the
categories in which he or she will take the examination. For purposes of this Part 2.23, the term
“good standing” includes but is not limited to, the fact that the qualified supervisor's license has
not expired pursuant to § 35-10-116 (1), C.R.S.
2.24.
Each applicant for a registration shall submit a signed, complete, accurate, and legible
application, on a form provided by the Commissioner, which shall include, at a minimum: the
name and address of the applicant, the name of the person who is the primary contact, the
address and telephone number of the location where the applicator records are to be kept, the
name and identification numbers of all qualified supervisors employed by the applicant, and any
other information required on the form.
2.25.
In addition to the application form described above, each applicant for registration shall submit
the registration fee set by the Commissioner. If the registration fee does not accompany the
application, the application for registration may be denied.
2.26.
Each person applying as a corporation or other entity shall submit a certificate of good standing
from the Secretary of State.
2.27.
The registration required pursuant to the Act shall expire on December 31 of the same year the
registration is granted.
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accompany the
application, the application for registration may be denied.
2.26.
Each person applying as a corporation or other entity shall submit a certificate of good standing
from the Secretary of State.
2.27.
The registration required pursuant to the Act shall expire on December 31 of the same year the
registration is granted.
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2.28.
A registered limited commercial applicator or a registered public applicator may not apply
pesticides aerially without an endorsement on its registration by the Commissioner permitting
such applications. In order to obtain such endorsement, the limited commercial applicator or a
public applicator shall present evidence that at least one pilot employed or to be employed by
said limited commercial applicator or a public applicator, currently holds a commercial agricultural
aircraft operator certificate issued by the Federal Aviation Administration, U.S. Department of
Transportation, pursuant to 14 C.F.R. Part 137 (2025) (as incorporated herein by reference) or,
for pesticide applications made by unmanned aircraft systems (UAV), a copy the certificate
issued by the Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14
C.F.R. Part 107 (2025) (as incorporated herein by reference) of each remote pilot’s certificate
who is conducting operations for the registered limited commercial or a registered public
applicator, or a copy of the public entity’s Certificate of Waiver Authorization (COA). If the
employment of said pilot or pilots is terminated for any reason, the limited commercial applicator
or a public applicator shall immediately cease aerial application of pesticides unless and until it is
in compliance with this Rule.
2.29.
A limited commercial entity or a public entity may designate separate sections, divisions,
agencies, or their equivalent to be registered.
2.30.
Adequate Supervision:
oyment of said pilot or pilots is terminated for any reason, the limited commercial applicator
or a public applicator shall immediately cease aerial application of pesticides unless and until it is
in compliance with this Rule.
2.29.
A limited commercial entity or a public entity may designate separate sections, divisions,
agencies, or their equivalent to be registered.
2.30.
Adequate Supervision:
(a)
A registered limited commercial applicator or a registered public applicator must have at
least one qualified supervisor for every fifteen (15) technicians, of which no more than
eight (8) may be unlicensed technicians. For purposes of the provision, the term
“unlicensed technician” means a technician who does not have a certified operator
license.
(b)
A responsible qualified supervisor must be available while any technician under their
supervision is using a pesticide. For purposes of this provision, the term “available”
means able to communicate verbally with the technician and the Department and to
respond appropriately to any emergency.
(c)
A qualified supervisor may act in a supervisory capacity for one or more commercial
applicator businesses at any given time, but only for the licensure category(ies) the
qualified supervisor holds.
(d)
A qualified supervisor may supervise one or more technicians employed by multiple
commercial applicator businesses, so long as the aggregate number of technicians
supervised from among those commercial applicator businesses does not exceed 15
technicians at any one point.
2.31.
If before the expiration of a registration, a registered limited commercial applicator or registered
public applicator wants to withdraw registration, said applicator may withdraw from registration.
Notice of withdrawal must be in writing and is not effective until 10 days from receipt by the
Commissioner. If before the original expiration of a registration the applicator wants to be
registered, the applicator must submit a new application and submit a new registration fee
pplicator or registered
public applicator wants to withdraw registration, said applicator may withdraw from registration.
Notice of withdrawal must be in writing and is not effective until 10 days from receipt by the
Commissioner. If before the original expiration of a registration the applicator wants to be
registered, the applicator must submit a new application and submit a new registration fee.
Subpart C
Qualified supervisors and certified operators
2.32.
A person working for a person who is or should be licensed as a commercial applicator,
registered limited commercial applicator, or registered public applicator and who without
supervision, evaluates pest problems, or recommends pest controls using pesticides, or uses any
pesticide, or sells application services, or supervises others in any of these functions must be
licensed as a qualified supervisor.
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2.33.
A person who applies any restricted use pesticide without the on-site supervision of a qualified
supervisor must be licensed as a certified operator.
2.34.
Each qualified supervisor and certified operator applying for a license or the 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, the name, address, telephone
number, date of birth, and license or registration number of his or her employer, if any, and any
other information required on the form.
2.35.
The Commissioner may require verification of any fact, including but not limited to, any
experience or education claimed on any application, and may investigate the truthfulness and
accuracy of any and all information submitted by an applicant.
2.36.
Upon a showing of exceptional circumstances by an applicant, the Commissioner may waive part
of the experience requirements specified in these Rules
The Commissioner may require verification of any fact, including but not limited to, any
experience or education claimed on any application, and may investigate the truthfulness and
accuracy of any and all information submitted by an applicant.
2.36.
Upon a showing of exceptional circumstances by an applicant, the Commissioner may waive part
of the experience requirements specified in these Rules. The Commissioner may accept, with
sufficient verification, valid relevant field experience obtained in this state or any other state.
2.37.
Each applicant for license as a qualified supervisor or certified operator, shall take and pass a
general examination and any examinations required for the category for which the applicant has
applied.
2.38.
Repealed
2.39.
Except as provided in Part 2.45 of these Rules, each applicant for a license as a qualified
supervisor or certified operator 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 qualified supervisor or certified operator or any fee for licensure as a commercial applicator.
2.40.
The qualified supervisor(s) employed by a licensee shall be responsible for the complete
supervision of all pest control recommendations, soliciting, mixing, loading, and application of
pesticides for the licensee in the licensure category(ies) the qualified supervisor(s) hold(s).
2.41.
The anniversary date of a qualified supervisor's license or certified operator's license shall be the
birth date of the licensee.
2.42.
Both qualified supervisors and certified operators will be licensed by category and must take and
pass both a general exam and a category specific exam.
2.43.
In order for a licensed qualified supervisor or licensed certified operator to become licensed in
additional categories, the applicant must take and pass the examination in the new category.
2.44
hall be the
birth date of the licensee.
2.42.
Both qualified supervisors and certified operators will be licensed by category and must take and
pass both a general exam and a category specific exam.
2.43.
In order for a licensed qualified supervisor or licensed certified operator to become licensed in
additional categories, the applicant must take and pass the examination in the new category.
2.44.
If a qualified supervisor possesses all of the qualifications for licensure as a qualified supervisor
in an additional category for which such person is not licensed, except for the required
experience, such person shall be licensed as a certified operator in such additional category
without payment of the application fee for the certified operator's license.
2.45.
If a licensed qualified supervisor or licensed certified operator applies for licensure in an
additional category, said qualified supervisor or certified operator shall not be required to pay an
additional application fee for licensure in a new category. The applicant shall be required to pay
an examination fee.
2.46.
Any category added after the qualified supervisor or certified operator is originally licensed or
renewed shall expire on the date of expiration of the original license.
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2.47.
In order to qualify for renewal of a license, any licensed qualified supervisor or licensed certified
operator must either take and pass the general exam and any category specific exams for his
category or complete any continuing education required pursuant to Part 4 of these Rules. Any
renewal of a license shall be determined on a category basis. Any 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
ry or complete any continuing education required pursuant to Part 4 of these Rules. Any
renewal of a license shall be determined on a category basis. Any 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.
2.48.
An individual certified or licensed by another jurisdiction as a commercial pesticide applicator may
obtain a certified operator license in Colorado 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 2.39. Any application for licensure
pursuant to this Part 2.48 may be denied for any reason other than passage of any exam. If
issued, 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 2.48, the
individual may renew the certification or license issued by the other jurisdiction and re-apply to
become a certified operator in Colorado as permitted by this Part 2.48, or apply for a license in
Colorado and satisfy all requirements therefore, including, but not limited to, taking and passing
each examination applicable to such licensure.
Subpart D
Private Applicators
2.49
to this Part 2.48, the
individual may renew the certification or license issued by the other jurisdiction and re-apply to
become a certified operator in Colorado as permitted by this Part 2.48, or apply for a license in
Colorado and satisfy all requirements therefore, including, but not limited to, taking and passing
each examination applicable to such licensure.
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.
lness 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.
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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
ertified
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
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.
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(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.
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 designated as a
restricted use pesticide 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.
trol 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 designated
as a restricted use pesticide 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.
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use pesticide 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.
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(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.
Subpart E
Licensure Actions, Suspension, Denial, Revocation
2.62.
Any of the following actions shall constitute grounds for the suspension, restriction, refusal to
renew, denial, or revocation of a license or certification, whether alone or in conjunction with
violations of any provision of the act or of any other provision of these Rules:
nse, category 303, category 309A, or, if applicable, both.
Subpart E
Licensure Actions, Suspension, Denial, Revocation
2.62.
Any of the following actions shall constitute grounds for the suspension, restriction, refusal to
renew, denial, or revocation of a license or certification, whether alone or in conjunction with
violations of any provision of the act or of any other provision of these Rules:
(a)
The application of pesticides in a negligent or willful manner which creates, either by
pesticide residue or by direct damage, a hazard to property, which shall include without
limitation, crops, ornamental plants, and animals (including economically important
insects).
(b)
The application of pesticides in a negligent or willful manner which endangers human
health.
(c)
The creation of a situation from improper handling of pesticides, including spillage,
leakage, vapors or disposal, which constitutes a hazard to the health, welfare or safety of
any person, the general public, any animal or animals (including economically important
insects), any crops, any ornamental plants, or the environment.
Part 3. Examination.
3.01.
The Commissioner, or his or her designated administrator, shall administer a general examination
and/or an examination in each category established by these Rules. Each examination must meet
all core standards for all categories in accordance with 40 C.F.R. §§ 171.103(c), 171.103(d), and
171.105(a) (as incorporated herein by reference). Each examination is for the purpose of
licensing as a qualified supervisor, certified operator, or private applicator. An individual may take
such examinations for the purpose of obtaining a license.
3.02.
Each applicant for examination shall file an application for examination on a form provided by the
Commissioner and shall pay a fee to be determined by the Commissioner
ted herein by reference). Each examination is for the purpose of
licensing as a qualified supervisor, certified operator, or private applicator. An individual may take
such examinations for the purpose of obtaining a license.
3.02.
Each applicant for examination shall file an application for examination on a form provided by the
Commissioner and 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 application for licensure as
a qualified supervisor, certified operator, or private applicator or any fee for licensure as a
commercial applicator.
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3.03.
Each applicant shall be required to obtain the grade designated as passing on each section of the
examination(s) under which he or she wishes to qualify. All examinations shall be graded
uniformly.
3.04.
Each applicant for examination shall complete an identification form, provided by the
Commissioner, for the Commissioner's use in identifying persons who take the examinations. The
information on the identification form shall consist of that which is reasonably necessary or
appropriate for ensuring the integrity of the examination process, such as the physical description
of the applicant.
3.05.
Examinations shall be graded without reference to the application or personal identification forms
which have been completed by the applicant.
3.06.
The Commissioner shall keep an applicant's test results on file for a period of one year from the
date of examination. Such results may be used by an applicant for licensing during that period of
time. If an applicant fails to complete the licensing process within one year of the examination
date, he or she shall be required to take new examinations in all applicable categories in which he
or she wishes to be licensed.
3.07.
The Commissioner may furnish, for a fee, study guides for the use of persons preparing for the
examinations given under the Act
ant for licensing during that period of
time. If an applicant fails to complete the licensing process within one year of the examination
date, he or she shall be required to take new examinations in all applicable categories in which he
or she wishes to be licensed.
3.07.
The Commissioner may furnish, for a fee, study guides for the use of persons preparing for the
examinations given under the Act. The fees for this material shall be sufficient to cover the cost of
printing and postage.
3.08.
Examination security provisions:
(a)
No applicant or licensee testing in any qualified supervisor or certified operator licensure
category shall use any outside information not provided by the Commissioner or his
designee while taking a closed book examination, remove any examination question or
answer sheets from the room where the examination is given, nor shall any applicant or
licensee cause any examination question or answer to be disseminated to any person not
employed by the Commissioner by any means whatsoever.
(b)
No applicant or licensee testing for a private applicator license, or person proctoring a
private applicator test session, shall cause any examination question or answer to be
disseminated to any person not employed by the Commissioner by any means
whatsoever. No person other than the applicant or licensee may complete the private
applicator examination form.
Part 4. Continuing Education Requirements.
Subpart A
General Continuing Education Requirements for Qualified Supervisor and Certified
Operator
4.01.
In order to renew a license without examination, each qualified supervisor and each certified
operator must obtain the following credits prior to the expiration of his license:
(a)
2 credits in the subject area of applicable state, federal, and local laws and regulations;
(b)
1 credit in the subject area of pesticides and their families;
(c)
1 credit in the subject area of applicator safety;
(d)
1 credit in the subject area of public safety;
on, each qualified supervisor and each certified
operator must obtain the following credits prior to the expiration of his license:
(a)
2 credits in the subject area of applicable state, federal, and local laws and regulations;
(b)
1 credit in the subject area of pesticides and their families;
(c)
1 credit in the subject area of applicator safety;
(d)
1 credit in the subject area of public safety;
(e)
1 credit in the subject area of environmental protection;
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(f)
1 credit in the subject area of use of pesticides;
(g)
1 credit for each licensed category in the subject area of pest management except for
those categories described in Part 4.01(h); and
(h)
2 credits for each of the following licensed categories: residential/commercial pest
control, turf pest control and ornamental pest control.
4.02.
In order for a qualified supervisor or a certified operator attending a course to receive relicensing
or continuing education credit:
(a)
the course must be approved in advance by the Commissioner;
(b)
requests for approval must be in submitted by the course sponsor to the Commissioner
on a form provided by the Commissioner;
(c)
requests for approval must be submitted no less than thirty days prior to the course; and
(d)
requests for approval must include:
(1)
The proposed agenda, with the length of time for each session and a synopsis of
the topics to be addressed in each course for which credit is being requested;
(2)
The identity of all speakers for each pertinent course. Upon request, the course
sponsor must provide the Commissioner with speaker credentials confirming
licensure or expertise in the subject matter for which the speaker will provide
training. The Commissioner may deny approval of a speaker if the credentials or
experience does not relate to the subject matter the speaker will teach; and
(3)
An explanation of the process the course sponsor will use to confirm the identity
of each course attendee.
the Commissioner with speaker credentials confirming
licensure or expertise in the subject matter for which the speaker will provide
training. The Commissioner may deny approval of a speaker if the credentials or
experience does not relate to the subject matter the speaker will teach; and
(3)
An explanation of the process the course sponsor will use to confirm the identity
of each course attendee.
(e)
Core category recertification sessions, as indicated in Subparts C – H of this Part 4, must
be no less than 30 minutes in length. Pest Management recertification sessions, as
indicated in Subpart I of this Part 4, must be no less than 60 minutes in length. Multiple
sessions may be grouped sequentially to meet the minimum time requirements if the
course sponsor can show attendance can be tracked across grouped sessions.
(f)
Attendance at approved recertification courses must be open to any person holding a
Colorado pesticide applicator license, subject to space limitations.
4.03.
If the Commissioner receives a request for continuing education approval at least sixty days prior
to the course date, the Commissioner will notify applicators of the approval for continuing
education credits. The Commissioner will not provide notification of such approval if the request
for its approval was received less than sixty days prior to the course.
4.04.
The list of those attending each approved course shall be sent by the sponsor to the
Commissioner no later than 7 days after the conclusion of the course. The sponsor must provide
each licensed attendee confirmation of attendance of the course no more than 7 days after the
conclusion of the course. It is the attendee’s responsibility to confirm that his or her name
appears on the attendance list for each course or session attended. The course sponsor must
provide attendance confirmation to the Commissioner in writing or electronically, using a form
provided by the Commissioner or in a format preapproved by the Commissioner.
f the course no more than 7 days after the
conclusion of the course. It is the attendee’s responsibility to confirm that his or her name
appears on the attendance list for each course or session attended. The course sponsor must
provide attendance confirmation to the Commissioner in writing or electronically, using a form
provided by the Commissioner or in a format preapproved by the Commissioner.
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4.05.
A course will be approved for continuing education credit if, in the opinion of the Commissioner, it
covers at least one topic from the following subject areas adequately to justify the approval for
credit. (Subject areas and subtopics are listed in Subparts C - I of this Part 4.) Failure to meet any
required recertification submission provision in this Part 4 may be grounds for course denial or
future course denial.
Subpart B
General Continuing Education Requirements For Private Applicators
4.06.
In order to renew a license without examination, each private applicator must obtain the following
credits prior to the expiration of his or her license:
(a)
2 credits in the subject area of applicable state, federal and local laws and regulations;
(b)
1 credit in the subject area of pesticides and their families;
(c)
1 credit in the subject area of applicator safety;
(d)
1 credit in the subject area of public safety;
(e)
1 credit in the subject area of environmental protection; and
(f)
1 credit in the subject area of use of pesticides.
4.07.
In order for a private applicator attending a course to receive relicensing or continuing education
credit:
(a)
the course must be approved in advance by the Commissioner;
(b)
requests for approval must be submitted by the course sponsor to the Commissioner on
a form provided by the Commissioner;
(c)
requests for approval must be submitted no less than thirty days prior to the course; and
s.
4.07.
In order for a private applicator attending a course to receive relicensing or continuing education
credit:
(a)
the course must be approved in advance by the Commissioner;
(b)
requests for approval must be submitted by the course sponsor to the Commissioner on
a form provided by the Commissioner;
(c)
requests for approval must be submitted no less than thirty days prior to the course; and
(d)
requests for approval must include:
(1)
The proposed agenda, with the length of time for each session and a synopsis of
the topics to be addressed in each course for which credit is being requested;
(2)
The identity of all speakers for each pertinent course. Upon request, the course
sponsor must provide the Commissioner with speaker credentials confirming
licensure or expertise in the subject matter for which the speaker will provide
training. The Commissioner may deny approval of a speaker if the credentials or
experience do not relate to the subject matter the speaker will teach; and
(3)
An explanation of the process the course sponsor will use to confirm the identity
of each course attendee.
(e)
Core category recertification sessions, as indicated in Subparts C – H of this Part 4, must
be no less than 30 minutes in length. Multiple sessions may be grouped sequentially to
meet the minimum time requirements if the course sponsor can show attendance can be
tracked across grouped sessions.
(f)
Attendance at approved recertification courses must be open to any person holding a
Colorado pesticide applicator license, subject to space limitations.
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in length. Multiple sessions may be grouped sequentially to
meet the minimum time requirements if the course sponsor can show attendance can be
tracked across grouped sessions.
(f)
Attendance at approved recertification courses must be open to any person holding a
Colorado pesticide applicator license, subject to space limitations.
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4.08.
If the Commissioner receives a request for continuing education approval at least sixty days prior
to the course date, the Commissioner will notify applicators of the approval for continuing
education credits. The Commissioner will not provide notification of such course approval if the
request for its approval was received less than sixty days prior to the course.
4.09.
The list of those attending each approved course shall be sent by the sponsor to the
Commissioner no later than 7 days after the conclusion of the course. The sponsor must provide
each licensed attendee confirmation of attendance of the course no more than 7 days after the
conclusion of the course. It is the attendee’s responsibility to confirm that his or her name
appears on the attendance list for each course or session attended. The course sponsor must
provide attendance confirmation to the Commissioner in writing or electronically, using a form
provided by the Commissioner or in a format preapproved by the Commissioner.
4.10.
A course will be approved for continuing education credit if, in the opinion of the Commissioner, it
covers at least one topic from the following subject areas adequately to justify the approval for
credit. (Subject areas and subtopics are listed in Subparts C – H of this Part 4.) Failure to meet
any required recertification submission provision in this Part 4 may be grounds for course denial
or future course denial.
Subpart C
Applicable State, Federal, and Local Laws and Regulations
4.11
ner, it
covers at least one topic from the following subject areas adequately to justify the approval for
credit. (Subject areas and subtopics are listed in Subparts C – H of this Part 4.) Failure to meet
any required recertification submission provision in this Part 4 may be grounds for course denial
or future course denial.
Subpart C
Applicable State, Federal, and Local Laws and Regulations
4.11.
State, federal and local regulations dealing with: pesticides, application, disposal, notification,
transportation, registration, uses, licensing, worker protection, endangered species, storage,
residues and tolerances, emergency planning and right to know, advertising, record keeping,
business practices, insurance, training standards, supervision, responsibility of supervisors of
non-certified applicators, agricultural chemicals and groundwater, or consumer protection.
4.12.
Compliance problems/actions, analysis of most frequent violations, and discussions of specific
problems and actions.
Subpart D
Pesticides and Their Families
4.13.
Pesticide label and labeling including: label requirements, label terminology, and effect of failure
to comply with label requirements.
4.14.
Pesticides in general including: families and types, mode of action, and other properties.
4.15.
Formulation of pesticides: types, properties, advantages, limitations, toxicity, dilution, mixing, and
uses.
4.16.
Semiochemicals for pest detection and control.
4.17.
Adjuvants and additives.
4.18.
Specific pesticide characteristics and concepts including: compatibility, synergism, persistence,
environmental fate, resistance, mode of action (contact, systemic, etc.), mobility, leachability,
potential for biological concentration and/or accumulation, volatility, solubility, inert ingredients
and/or carriers, and phytotoxicity.
4.19.
National trends on pesticide problems.
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ts including: compatibility, synergism, persistence,
environmental fate, resistance, mode of action (contact, systemic, etc.), mobility, leachability,
potential for biological concentration and/or accumulation, volatility, solubility, inert ingredients
and/or carriers, and phytotoxicity.
4.19.
National trends on pesticide problems.
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Subpart E
Applicator Safety
4.20.
Safe use of pesticides by the applicator including: label requirements, transportation, mixing,
loading, disposal, equipment cleanup, spill management, storage, application, and precautions to
prevent exposure and injury.
4.21.
Applicator protection including selection, care, and maintenance of protective clothing and safety
equipment.
4.22.
Human health effects including: acute and chronic toxicity, hazard determination, routes of
exposure, symptoms of pesticide poisoning, and allergies.
4.23.
First aid and emergency actions for pesticide exposure and use related injuries.
4.24.
Reference sources pertinent to applicator safety including: Safety Data Sheet(s) (SDS),
telephone hotlines, emergency procedures, and label requirements.
4.25.
Major label revisions and national trends and updates relevant to applicator safety.
4.26.
Responsibilities of qualified supervisors, certified operators, technicians and other employees.
Subpart F
Public Safety
4.27.
Safe use of pesticides by the applicator including: label requirements, transportation, mixing,
loading, disposal, equipment cleanup, spill management, storage, application, and precautions to
prevent exposure and injury.
4.28.
Human health effects including: acute and chronic toxicity, hazard determination, routes of
exposure, symptoms of pesticide poisoning, and allergies.
4.29.
Reference sources pertinent to public safety including: Safety Data Sheet (s) (SDS), telephone
hotlines, emergency procedures, and label requirements.
4.30.
Major label revisions and national trends and updates relevant to public safety.
4.31
.
Human health effects including: acute and chronic toxicity, hazard determination, routes of
exposure, symptoms of pesticide poisoning, and allergies.
4.29.
Reference sources pertinent to public safety including: Safety Data Sheet (s) (SDS), telephone
hotlines, emergency procedures, and label requirements.
4.30.
Major label revisions and national trends and updates relevant to public safety.
4.31.
Responsibilities of qualified supervisors, certified operators, technicians and other employees.
4.32.
Public education about pesticides and pesticide application, public relations, communication,
professionalism, and trouble shooting.
4.33.
Pesticide sensitivities, allergies, and phobias including chemophobia and entomophobia.
Subpart G
Environmental protection
4.34.
Precautions to protect the environment and minimize the effects of pest management on it,
including: identification of meteorological and climatic factors affecting application (drift, runoff,
etc.); identification of terrain, soil, substrata influence on possible surface and ground water
contamination; recognition of sensitive areas and organisms that could be affected by application,
drift and runoff such as endangered species, wildlife, ornamentals, beneficial insects, humans,
and domestic animals; identification of methods of spill prevention, control, and cleanup;
observation of preharvest intervals; timing of applications for specific pest controls; and pesticide
storage and transportation.
4.35.
Major label revisions and national trends and updates relevant to environmental protection.
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sects, humans,
and domestic animals; identification of methods of spill prevention, control, and cleanup;
observation of preharvest intervals; timing of applications for specific pest controls; and pesticide
storage and transportation.
4.35.
Major label revisions and national trends and updates relevant to environmental protection.
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4.36.
Responsibilities of qualified supervisors, certified operators, technicians and other employees.
Subpart H
Use
4.37.
Mixing and loading including: proper mixing and loading techniques, label requirements, closed
systems, adjuvants for drift control and other purposes, measuring, pH of water and other factors
to consider, procedures for spill prevention, control and clean up, site location and construction,
prevention of contamination, and security.
4.38.
Application including: proper application techniques, techniques to control off target movement,
new application techniques, procedures for spill prevention, control and clean up, label
requirements, pest identification, and effective control.
4.39.
Equipment including: calibration, selection of correct equipment for the job, maintenance and
care, clean up, new equipment.
4.40.
Storage and disposal including: bulk storage, label requirements, site requirements such as
ventilation, containment, procedures for spill prevention, control and clean up, disposal of
containers, rinsate, excess material, security, fire prevention, posting, temperature, and product
separation to prevent cross contamination.
4.41.
Responsibilities of qualified supervisors, certified operators, technicians and other employees.
4.42.
Major label revisions and national trends and updates relevant to pesticide use.
4.43.
Practical demonstration of use methods and techniques.
Subpart I
Pest Management
4.44
cess material, security, fire prevention, posting, temperature, and product
separation to prevent cross contamination.
4.41.
Responsibilities of qualified supervisors, certified operators, technicians and other employees.
4.42.
Major label revisions and national trends and updates relevant to pesticide use.
4.43.
Practical demonstration of use methods and techniques.
Subpart I
Pest Management
4.44.
Identification and biology including: principles of host and pest identification and recognition of
such organisms, principles of site/habitat identification, damage and/or symptoms caused by
pests, recognition of beneficial organisms, understanding host, pest and beneficial life cycles and
susceptible stages, and evaluate environmental conditions and ecology on host and pest biology.
4.45.
Pest management criteria including: determining economic or aesthetic threshold levels,
consideration of environmental impact of control methods, selection of control method, post-
treatment evaluation, ability to integrate various pest management methods, comparative
effectiveness of management methods and techniques, sampling and survey techniques, host
and pest resistance, effects of control methods on host and off target organisms, timing of control
alternatives, and pest management history.
4.46.
Chemical control methods and practices including: select material, formulation, and/or equipment,
determine dosage of selected control, selection of proper pesticides and adjuvants for a particular
job, and timing of pesticide application.
4.47.
Alternative control methods and practices including: mechanical, biological, cultural, and physical
methods, and timing of control methods.
4.48.
References for decision making for pest management.
4.49.
Major label revisions, evolution of pest management, and national trends and updates relevant to
pest management.
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lication.
4.47.
Alternative control methods and practices including: mechanical, biological, cultural, and physical
methods, and timing of control methods.
4.48.
References for decision making for pest management.
4.49.
Major label revisions, evolution of pest management, and national trends and updates relevant to
pest management.
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Part 5. Technician Training.
Subpart A
General
5.01.
Definitions. For purposes of this Part 5 unless the context otherwise requires:
(a)
“Applicator technician” means a technician whose job includes the use of pesticides;
(b)
“Experienced technician” means a technician who has been trained and has the following
minimum experience within the past 3 years: for applicator technicians doing structural
applications, 6 months of experience including time in training, for applicator technicians
doing agricultural, turf, ornamental or turf and ornamental applications, 1 season of
experience including time in training, and for sales technicians, 1 season of sales
experience;
(1)
“New hire experienced technician” means any technician who has met the
experience requirements, outlined in Part 5.01(b), within the last 3 years, but is a
new employee of a commercial applicator, registered limited commercial
applicator, or registered public applicator.
(2)
“On-going experienced applicator technician” means an individual who has met
the definition of an experienced technician and continues to work for the same
commercial applicator, registered limited commercial applicator, or registered
public applicator.
(c)
“Sales technician” means a technician whose sole job is selling application services; and
ial
applicator, or registered public applicator.
(2)
“On-going experienced applicator technician” means an individual who has met
the definition of an experienced technician and continues to work for the same
commercial applicator, registered limited commercial applicator, or registered
public applicator.
(c)
“Sales technician” means a technician whose sole job is selling application services; and
(d)
“Selling application services” means the sale of a pesticide application. Selling application
services does not include the sale of an evaluation service, inspection service, or
recommendation service. To qualify as a sale of an application service, the seller must
make an evaluation of pest problems or a recommendation of pest controls using
pesticides. A seller does not make an evaluation of pest problems or a recommendation
of pest controls using pesticides if the seller answers questions from a customer using an
answer sheet prepared by a licensed qualified supervisor.
(e)
“Flagger technician” means an individual employed and compensated by the applicator
who designates, with a flag or any other identification, the alignment of a pesticide
application during the application of pesticides at that site.
5.02.
Scope of Part 5.
(a)
A person will not be considered a technician for purposes of these Rules if said person
uses, sells, or recommends a general use pesticide while under the on site supervision of
a qualified supervisor.
(b)
A person who evaluates any pest problem while under the on site supervision of a
qualified supervisor will not be considered a technician.
of pesticides at that site.
5.02.
Scope of Part 5.
(a)
A person will not be considered a technician for purposes of these Rules if said person
uses, sells, or recommends a general use pesticide while under the on site supervision of
a qualified supervisor.
(b)
A person who evaluates any pest problem while under the on site supervision of a
qualified supervisor will not be considered a technician.
(c)
Use or sales of restricted use pesticides by a technician:
(1)
A person must be a trained technician if said person uses a restricted use
pesticide while under the on-site supervision of a qualified supervisor.
(2)
A person must be training to be a technician to sell or recommend a restricted
use pesticide while under the on-site supervision of a qualified supervisor.
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(3)
A person must be a trained technician to sell or recommend a restricted use
pesticide while under the supervision of a qualified supervisor.
(4)
All requirements for direct supervision at 40 C.F.R. § 171.201 (2017) (as
incorporated herein by reference) must be met prior to a technician using a
restricted use pesticide under the on-site supervision of a qualified supervisor.
(d)
A person must be a technician or must be training to be a technician if said person uses,
sells, or recommends a general use pesticide while on the job with a certified operator or
experienced technician.
(e)
A person may not use, sell, or recommend, general use pesticides unaccompanied by a
qualified supervisor, certified operator, or experienced technician without completing the
training required by these Rules.
a technician or must be training to be a technician if said person uses,
sells, or recommends a general use pesticide while on the job with a certified operator or
experienced technician.
(e)
A person may not use, sell, or recommend, general use pesticides unaccompanied by a
qualified supervisor, certified operator, or experienced technician without completing the
training required by these Rules.
(f)
For the purposes of determining if a person is experienced and/or trained, upon a
showing of exceptional circumstances by a commercial applicator, the Commissioner
may waive all or part of the experience and training requirements specified in these
Rules. The Commissioner may accept, with sufficient verification, valid relevant field
experience and training obtained from sources other than the commercial applicator in
this state or any other state so long as safety is not compromised and the person has the
necessary pertinent application skills,
(g)
The amount of time given to each topic covered by these Rules is discretionary with the
trainer. However, the technician's training must be relevant to each technician's job
duties.
(h)
Each commercial, registered limited commercial, or registered public applicator licensed
or registered in any category shall record the training provided to each technician on a
form or forms provided by the Commissioner. Any such form(s) must be completed in full
in order to comply with this Part 5.02(h).
(i)
Each commercial, registered limited commercial, or registered public applicator licensed
or registered in any category may give a written examination to trained technicians to
determine the comprehension of subjects covered by the training. However, said
examination shall not in any manner substitute for any of the training required by these
Rules.
(j)
This Part 5 shall not apply to limited commercial applicator and public applicators not
registered with the Department pursuant to Section 35-10-109, C.R.S., which are
regulated by Part 16 of these Rules.
d technicians to
determine the comprehension of subjects covered by the training. However, said
examination shall not in any manner substitute for any of the training required by these
Rules.
(j)
This Part 5 shall not apply to limited commercial applicator and public applicators not
registered with the Department pursuant to Section 35-10-109, C.R.S., which are
regulated by Part 16 of these Rules.
(k)
All technician training conducted under this Part 5 and its Subparts must conform with all
noncertified applicator training requirements in 40 C.F.R. § 171.201 (2017) (as
incorporated herein by reference).
(l)
A commercial, registered limited or registered public applicator must obtain training
records to verify that any new-hire experienced technician has met all the training
requirements in this Part 5. These records must be maintained as part of the technician’s
training record in accordance with Part 5.02(m) below.
(m)
Each commercial, registered limited commercial, or registered public applicator must
maintain the training record(s) as follows:
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(1)
The original training record reflecting all required classroom and on-the-job
training hours, in accordance with Part 5 and its subparts for the category being
trained in, must be maintained for the entirety of the technician’s employment
and for three years after the technician’s separation from the employer.
(2)
The on-going training record reflecting all required training hours and topics, in
accordance with Part 5 and its subparts for the category being trained in, must be
maintained for a minimum of three years from the date training was conducted.
trained in, must be maintained for the entirety of the technician’s employment
and for three years after the technician’s separation from the employer.
(2)
The on-going training record reflecting all required training hours and topics, in
accordance with Part 5 and its subparts for the category being trained in, must be
maintained for a minimum of three years from the date training was conducted.
(3)
A copy of all training records must be provided to the applicator technician upon
request and must be provided to the Commissioner upon request.
Subpart B
Agricultural
5.03.
Except as otherwise expressly provided in these Rules, each applicator technician and flagger
technician working for a commercial applicator, registered limited commercial applicator, or
registered public applicator licensed or registered in any agricultural category shall have at a
minimum 36 hours of training:
(a)
At least 12 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety; and
(b)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of agricultural pesticide application
experience within the last 2 years. No more than 16 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, use, equipment and calibration, pesticides and their
families, pest management, applicator safety, pesticide label and labeling, host and pest
identification, and public safety.
5.04
tion
experience within the last 2 years. No more than 16 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, use, equipment and calibration, pesticides and their
families, pest management, applicator safety, pesticide label and labeling, host and pest
identification, and public safety.
5.04.
Except as otherwise expressly provided in these Rules, each sales technician working for a
commercial applicator licensed in any agricultural category shall have at a minimum 36 hours of
training:
(a)
At least 12 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pest management, pesticide label and labeling, host and pest identification,
and public safety;
(b)
At least 16 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of agricultural pesticide application
experience within the last 2 years. No more than 8 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, pesticides and their families, pest management,
pesticide label and labeling, host and pest identification, and public safety; and
s at least 1 season of agricultural pesticide application
experience within the last 2 years. No more than 8 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, pesticides and their families, pest management,
pesticide label and labeling, host and pest identification, and public safety; and
(c)
The remaining 8 hours shall be divided between classroom-instructional training and on
the job training as the need is determined by the qualified supervisor.
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5.05.
Except as otherwise expressly provided in these Rules, each on-going experienced applicator
technician, flagger technician, and sales technician continuing to work for the same commercial
applicator, registered limited commercial applicator, or registered public applicator licensed or
registered in any agricultural category shall have, during each year of employment after the first
season of experience, at a minimum, the following on-going training: 4 hours of training
conducted by a licensed qualified supervisor or licensed certified operator which licensed certified
operator has at least 1 season of agricultural pesticide application experience within the last 2
years. The qualified supervisor shall determine from those topics enumerated in Part 5.03 the
training required. Said training may be either classroom-instructional or on the job training as
determined by the qualified supervisor.
5.06.
Except as otherwise expressly provided in these Rules, each new hire experienced technician
and flagger technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in any agricultural category shall
have at a minimum 16 hours of training:
onal or on the job training as
determined by the qualified supervisor.
5.06.
Except as otherwise expressly provided in these Rules, each new hire experienced technician
and flagger technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in any agricultural category shall
have at a minimum 16 hours of training:
(a)
At least 4 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
(b)
At least 8 hours of which shall be on the job training conducted by a licensed qualified
supervisor or a licensed certified operator which licensed certified operator has at least 1
season of agricultural pesticide application experience within the last 2 years. Said
training shall cover: environmental precautions, use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety;
(c)
The remaining 4 hours shall be divided between classroom-instructional training and on
the job training as the need is determined by the qualified supervisor; and
(d)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
Subpart C
Turf
5.07.
Each applicator technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in the turf category shall have at a
minimum 36 hours of training:
lified supervisor; and
(d)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
Subpart C
Turf
5.07.
Each applicator technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in the turf category shall have at a
minimum 36 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 4 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
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(c)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of turf pesticide application
experience within the last 2 years. No more than 16 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, use, equipment and calibration, pesticides and their
families, pest management, applicator safety, pesticide label and labeling, host and pest
identification, and public safety.
5.08.
Each sales technician working for a commercial applicator licensed in the turf category shall have
at a minimum 40 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pesticide label and labeling, and public safety;
blic safety.
5.08.
Each sales technician working for a commercial applicator licensed in the turf category shall have
at a minimum 40 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pesticide label and labeling, and public safety;
(b)
At least 8 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
(c)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of turf pesticide application
experience within the last 2 years. No more than 16 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, pesticides and their families, pest management,
pesticide label and labeling, host and pest identification, and public safety.
5.09.
Each technician who acts as both a sales technician and an applicator technician working for a
commercial applicator, registered limited commercial applicator, or registered public applicator
licensed or registered in the turf category shall have at a minimum 48 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 16 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 16 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
(c)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed qualified supervisor or licensed certified operator has at least 1 season of
turf pesticide application experience within the last 2 years. No more than 16 hours of
said on the job training may be conducted by an experienced technician trained by the
applicator. Said training shall cover: environmental precautions, use, equipment and
calibration, pesticides and their families, pest management, applicator safety, pesticide
label and labeling, host and pest identification, and public safety.
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5.10.
Each on-going experienced applicator technician and sales technician continuing to work for the
same commercial applicator, registered limited commercial applicator, or registered public
applicator licensed or registered in the turf category shall have, during each year of employment
after the first season of experience, at a minimum, the following on-going training: 4 hours of
training conducted by a licensed qualified supervisor or licensed certified operator which licensed
certified operator has at least 1 year of turf pesticide application experience within the last 2
years. The qualified supervisor shall determine from those topics enumerated in Part 5.09 the
training required. Said training may be either classroom-instructional or on the job training as
determined by the qualified supervisor.
5.11
qualified supervisor or licensed certified operator which licensed
certified operator has at least 1 year of turf pesticide application experience within the last 2
years. The qualified supervisor shall determine from those topics enumerated in Part 5.09 the
training required. Said training may be either classroom-instructional or on the job training as
determined by the qualified supervisor.
5.11.
Each new hire experienced technician working for a commercial applicator, registered limited
commercial applicator, or registered public applicator licensed or registered in the turf category
shall have at a minimum 16 hours of training:
(a)
At least 4 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
(b)
At least 8 hours of which shall be on the job training conducted by a licensed qualified
supervisor or a licensed certified operator which licensed qualified supervisor or licensed
certified operator has at least 1 season of turf pesticide application experience within the
last 2 years which training shall cover: use, equipment and calibration, pesticides and
their families, pest management, applicator safety, pesticide label and labeling, host and
pest identification, and public safety;
(c)
The remaining 4 hours shall be divided between classroom and the job site as the need
is determined by the qualified supervisor; and
(d)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
Subpart D
Ornamental
5.12.
Each applicator technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in the ornamental category shall
have at a minimum 40 hours of training:
visor; and
(d)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
Subpart D
Ornamental
5.12.
Each applicator technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in the ornamental category shall
have at a minimum 40 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 8 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
(c)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of ornamental pesticide
application experience within the last 2 years. No more than 16 hours of said on the job
training may be conducted by an experienced technician trained by the applicator. Said
training shall cover: environmental precautions, use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety.
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5.13.
Each sales technician working for a commercial applicator licensed in the ornamental category
shall have at a minimum 48 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pesticide label and labeling, and public safety;
on
25
5.13.
Each sales technician working for a commercial applicator licensed in the ornamental category
shall have at a minimum 48 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pesticide label and labeling, and public safety;
(b)
At least 16 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
(c)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of ornamental pesticide
application experience within the last 2 years. No more than 16 hours of said on the job
training may be conducted by an experienced technician trained by the applicator. Said
training shall cover: environmental precautions, pesticides and their families, pest
management, pesticide label and labeling, host and pest identification, and public safety.
5.14.
Each technician who acts as both a sales technician and as an applicator technician working for a
commercial applicator, registered limited commercial applicator, or registered public applicator
licensed or registered in the ornamental category shall have at a minimum 56 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 24 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 24 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
(c)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of ornamental pesticide
application experience within the last 2 years. No more than 16 hours of said on the job
training may be conducted by an experienced technician trained by the applicator. Said
training shall cover: environmental precautions, use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety.
5.15.
Each on-going experienced applicator technician and sales technician continuing to work for the
same commercial applicator, registered limited commercial applicator, or registered public
applicator licensed or registered in the ornamental category shall have, during each year of
employment after the first season of experience, at a minimum, the following on-going training: 4
hours of training conducted by a licensed qualified supervisor or licensed certified operator which
licensed certified operator has at least 1 year of ornamental pesticide application experience
within the last 2 years. The qualified supervisor shall determine from those topics enumerated in
Part 5.14 the training required. Said training may be either classroom-instructional or on the job
training as determined by the qualified supervisor.
5.16
ied supervisor or licensed certified operator which
licensed certified operator has at least 1 year of ornamental pesticide application experience
within the last 2 years. The qualified supervisor shall determine from those topics enumerated in
Part 5.14 the training required. Said training may be either classroom-instructional or on the job
training as determined by the qualified supervisor.
5.16.
Each new hire experienced technician working for a commercial applicator, registered limited
commercial applicator, or registered public applicator licensed or registered in the ornamental
category shall have at a minimum 16 hours of training:
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(a)
At least 4 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
(b)
At least 8 hours of which shall be on the job training conducted by a licensed qualified
supervisor or a licensed certified operator which licensed qualified supervisor or licensed
certified operator has at least 1 season of ornamental pesticide application experience
within the last 2 years. Said training shall cover: use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety;
(c)
The remaining 4 hours shall be divided between classroom and the job site as the need
is determined by the qualified supervisor; and
pesticide application experience
within the last 2 years. Said training shall cover: use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety;
(c)
The remaining 4 hours shall be divided between classroom and the job site as the need
is determined by the qualified supervisor; and
(d)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
Subpart E
Turf and Ornamental
5.17.
Each applicator technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in both the turf category and the
ornamental category shall have at a minimum 60 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 12 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
(c)
At least 40 hours of which shall be on the job training. At least 16 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of turf and ornamental pesticide
application experience within the last 2 years. No more than 24 hours of said on the job
training may be conducted by an experienced technician trained by the applicator. Said
training shall cover: environmental precautions, use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety.
5.18
tion experience within the last 2 years. No more than 24 hours of said on the job
training may be conducted by an experienced technician trained by the applicator. Said
training shall cover: environmental precautions, use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety.
5.18.
Each sales technician working for a commercial applicator licensed in both the turf category and
the ornamental category shall have at a minimum 64 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pesticide label and labeling, and public safety;
(b)
At least 24 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
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(c)
At least 32 hours of which shall be on the job training, at least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed qualified supervisor or licensed certified operator has at least 1 season of
turf and ornamental pesticide application experience within the last 2 years. No more
than 24 hours of said on the job training may be conducted by an experienced technician
trained by the applicator. Said training shall cover environmental precautions, pesticides
and their families, pest management, pesticide label and labeling, host and pest
identification, and public safety.
5.19.
Each technician who acts as both a sales technician and as an applicator technician working for a
commercial applicator, registered limited commercial applicator, or registered public applicator
licensed or registered in both the turf category and the ornamental category shall have at a
minimum 80 hours of training:
sticide label and labeling, host and pest
identification, and public safety.
5.19.
Each technician who acts as both a sales technician and as an applicator technician working for a
commercial applicator, registered limited commercial applicator, or registered public applicator
licensed or registered in both the turf category and the ornamental category shall have at a
minimum 80 hours of training:
(a)
At least 8 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, applicator safety, pesticide label
and labeling, and public safety;
(b)
At least 32 hours of which shall be classroom-instructional training covering: pest
management and host and pest identification; and
(c)
At least 40 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of turf and ornamental pesticide
application experience within the last 2 years. No more than 32 hours of said on the job
training may be conducted by an experienced technician trained by the applicator. Said
training shall cover environmental precautions, use, equipment and calibration, pesticides
and their families, pest management, applicator safety, pesticide label and labeling, host
and pest identification, and public safety.
5.20
ation experience within the last 2 years. No more than 32 hours of said on the job
training may be conducted by an experienced technician trained by the applicator. Said
training shall cover environmental precautions, use, equipment and calibration, pesticides
and their families, pest management, applicator safety, pesticide label and labeling, host
and pest identification, and public safety.
5.20.
Each on-going experienced applicator technician and sales technician continuing to work for the
same commercial applicator, registered limited commercial applicator, or registered public
applicator licensed or registered in both the turf category and the ornamental category shall have,
during each year of employment after the first season of experience, at a minimum, the following
on- going training: 4 hours of training conducted by a licensed qualified supervisor or licensed
certified operator which licensed certified operator has at least 1 year of turf and ornamental
pesticide application experience within the last 2 years. The qualified supervisor shall determine
from those topics enumerated in Part 5.19 the training required. Said training may be either
classroom-instructional or on the job training as determined by the qualified supervisor.
5.21.
Each new hire experienced technician working for a commercial applicator, registered limited
commercial applicator, or registered public applicator licensed or registered in both the turf
category and the ornamental category shall have at a minimum 16 hours of training:
(a)
At least 4 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
category shall have at a minimum 16 hours of training:
(a)
At least 4 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
(b)
At least 8 hours of which shall be on the job training conducted by a licensed qualified
supervisor or a licensed certified operator which licensed certified operator has at least 1
season of turf and ornamental pesticide application experience within the last 2 years.
Said training shall cover: environmental precautions, use, equipment and calibration,
pesticides and their families, pest management, applicator safety, pesticide label and
labeling, host and pest identification, and public safety;
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(c)
The remaining 4 hours shall be divided between classroom and the job site as the need
is determined by the qualified supervisor; and
(d)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
Subpart F
Structural
5.22.
Each applicator technician and sales technician working for a commercial applicator, registered
limited commercial applicator, or registered public applicator licensed or registered in the
structural categories of wood destroying organism pest control, fumigation, or
residential/commercial pest control shall have at a minimum 160 hours of training:
(a)
At least 32 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
ontrol shall have at a minimum 160 hours of training:
(a)
At least 32 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
(b)
At least 120 hours of which shall be on the job training. At least 60 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 year of structural pesticide application
experience within the last 2 years. No more than 60 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, use, equipment and calibration, pesticides and their
families, applicator safety, pesticide label and labeling, host and pest identification, and
public safety;
(c)
The remaining 8 hours shall be divided between classroom-instructional training and on
the job training as the need is determined by the qualified supervisor; and
(d)
Successfully complete a written examination prepared and given by the commercial
applicator showing overall comprehension of the subject matter of the training.
5.23.
Each on-going experienced applicator technician and sales technician continuing to work for a
commercial applicator, registered limited commercial applicator, or registered public applicator
licensed or registered in the structural categories of wood destroying organism pest control,
fumigation, or residential/commercial pest control shall have during each year of employment
after the first season of experience, at a minimum, the following on-going training:
nician continuing to work for a
commercial applicator, registered limited commercial applicator, or registered public applicator
licensed or registered in the structural categories of wood destroying organism pest control,
fumigation, or residential/commercial pest control shall have during each year of employment
after the first season of experience, at a minimum, the following on-going training:
(a)
2 hours per month of training which training shall over a period of 6 months include at
least 3 hours of classroom-instructional training. 9 hours shall be divided between
classroom-instructional training and on the job training as the need is determined by the
qualified supervisor. Said classroom-instructional training and on the job training shall be
conducted by either a licensed qualified supervisor or licensed certified operator which
licensed certified operator has at least 1 year of structural pesticide application
experience within the last 2 years. Said training shall cover those areas enumerated in
Part 5.22; and
(b)
Successfully complete a written examination prepared and given by the commercial
applicator showing overall comprehension of the subject matter of the training.
5.24.
Each new hire experienced technician working for a commercial applicator, registered limited
commercial applicator, or registered public applicator licensed or registered in the structural
categories of wood destroying organism pest control, fumigation, or residential/commercial pest
control shall have at a minimum 32 hours of training:
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(a)
At least 16 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety; and
ULATIONS
8 CCR 1203-2
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(a)
At least 16 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety; and
(b)
At least 16 hours of which shall be the job training conducted by a licensed qualified
supervisor or a licensed certified operator which licensed certified operator has at least 1
year of structural pesticide application experience within the last 2 years which training
shall cover: use, equipment and calibration, applicator safety, pesticide label and
labeling, host and pest identification, and public safety.
(c)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
5.25.
Each applicator technician working for a commercial applicator, registered limited commercial
applicator, or registered public applicator licensed or registered in the structural categories of
outdoor vertebrate pest control, stored commodities treatment, Post-Harvest Potato Pest Control,
wood preservation and wood products treatment, or interior plant pest control shall have at a
minimum 36 hours of training:
(a)
At least 12 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety; and
rol shall have at a
minimum 36 hours of training:
(a)
At least 12 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety; and
(b)
At least 24 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of structural pesticide application
experience within the last 2 years. No more than 16 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, use, equipment and calibration, pesticides and their
families, pest management, applicator safety, pesticide label and labeling, host and pest
identification, and public safety.
5.26.
Each sales technician working for a commercial applicator licensed in the structural categories of
outdoor vertebrate pest control, stored commodities treatment, Post-Harvest Potato Pest Control,
wood preservation and wood products treatment, or interior plant pest control shall have at a
minimum 36 hours of training:
(a)
At least 12 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pest management, pesticide label and labeling, host and pest identification,
and public safety;
nd wood products treatment, or interior plant pest control shall have at a
minimum 36 hours of training:
(a)
At least 12 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, pesticides and
their families, pest management, pesticide label and labeling, host and pest identification,
and public safety;
(b)
At least 16 hours of which shall be on the job training. At least 8 hours of this training
shall be conducted by a licensed qualified supervisor or a licensed certified operator
which licensed certified operator has at least 1 season of structural pesticide application
experience within the last 2 years. No more than 8 hours of said on the job training may
be conducted by an experienced technician trained by the applicator. Said training shall
cover: environmental precautions, pesticides and their families, pest management,
pesticide label and labeling, host and pest identification, and public safety; and
(c)
The remaining 8 hours shall be divided between classroom-instructional training and on
the job training as the need is determined by the qualified supervisor.
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5.27.
Each on-going experienced applicator technician and sales technician continuing to work for the
same commercial applicator, registered limited commercial applicator, or registered public
applicator licensed or registered in the structural categories of outdoor vertebrate pest control,
stored commodities treatment, Post-Harvest Potato Pest Control, wood preservation and wood
products treatment, or interior plant pest control shall have, during each year of employment after
the first season of experience, at a minimum, the following on-going training: 4 hours of training
conducted by a licensed qualified supervisor or licensed certified operator which licensed certified
operator has at least 1 season of structural pesticide application experience within the last 2
years
roducts treatment, or interior plant pest control shall have, during each year of employment after
the first season of experience, at a minimum, the following on-going training: 4 hours of training
conducted by a licensed qualified supervisor or licensed certified operator which licensed certified
operator has at least 1 season of structural pesticide application experience within the last 2
years. The qualified supervisor shall determine from those topics enumerated in Part 5.25 the
training required. Said training may be either classroom-instructional or on the job training as
determined by the qualified supervisor.
5.28.
Each new hire experienced technician working for a commercial applicator, registered limited
commercial applicator, or registered public applicator licensed or registered in the structural
categories of outdoor vertebrate pest control, stored commodities treatment, post-harvest potato
pest control, wood preservation and wood products treatment, or interior plant pest control shall
have at a minimum 16 hours of training:
(a)
At least 4 hours of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management, applicator
safety, pesticide label and labeling, host and pest identification, and public safety;
(b)
At least 8 hours of which shall be on the job training conducted by a licensed qualified
supervisor or a licensed certified operator which licensed certified operator has at least 1
season of structural pesticide application experience within the last 2 years. Said training
shall cover: environmental precautions, use, equipment and calibration, pesticides and
their families, pest management, applicator safety, pesticide label and labeling, host and
pest identification, and public safety;
ervisor or a licensed certified operator which licensed certified operator has at least 1
season of structural pesticide application experience within the last 2 years. Said training
shall cover: environmental precautions, use, equipment and calibration, pesticides and
their families, pest management, applicator safety, pesticide label and labeling, host and
pest identification, and public safety;
(c)
The remaining 4 hours shall be divided between classroom-instructional training and on
the job training as the need is determined by the qualified supervisor; and
(d)
Experienced sales technicians are not required to complete training in use, equipment
and calibration nor applicator safety.
Part 6. Records.
Subpart A
Recordkeeping Requirements for Commercial, Registered Limited Commercial and
Registered Public Applicators
6.01.
Licensed commercial applicators shall maintain accurate and legible office records of each
application of pesticides made for hire. Commercial applicators using devices shall maintain
records in accordance with Part 15.07 of these Rules.
6.02.
Registered limited commercial and registered public applicators shall maintain accurate and
legible office records of each application of pesticides.
6.03.
Except for device applications as provided in Part 6.01, such records shall include all of the
following information:
(a)
Name and address of person for whom application was made.
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(b)
Location where application was made, if different from Part 6.03(a). The location of a field
should be fully described. In the case of roadside weed control applications, the record
should include the county or state road number and the portion of roadside treated,
described by reference to mileage markers or prominent geological features such as road
intersections, river or creek crossings, or the like.
n where application was made, if different from Part 6.03(a). The location of a field
should be fully described. In the case of roadside weed control applications, the record
should include the county or state road number and the portion of roadside treated,
described by reference to mileage markers or prominent geological features such as road
intersections, river or creek crossings, or the like.
(c)
Target pest. This means the specific pest for which the application was made. A general
term is acceptable only if the pesticide label specifically refers to that exact term (such as
“broadleaf weeds”).
(d)
Site, crop, commodity or structure treated.
(e)
Specific pesticide applied. This shall be accomplished by recording the EPA registration
number of the pesticide product. The brand name of the pesticide product and the name
and address of its manufacturer may also be included in this record.
(f)
Dilution rate. This is the amount of formulated product or active material per unit of
volume of carrier specified as such. In the case of a product applied out of the container
without mixing, the entry should be “no dilution”, “aerosol”, or “RTU” (ready to use), as
applicable.
(g)
Application rate. This is the total gallons or pounds of the final tank mix applied per unit of
area or volume. In the case of “crack and crevice” structural treatment, the entry should
indicate “crack and crevice”. The entry for a livestock application should indicate “dip” or
“spray”, as appropriate. In the case of an application of a pesticide labeled “spray until
wet,” “spray to runoff,” or the like, the entry should indicate the nature of the application in
language consistent with the label directions.
(h)
Carrier, if other than water.
structural treatment, the entry should
indicate “crack and crevice”. The entry for a livestock application should indicate “dip” or
“spray”, as appropriate. In the case of an application of a pesticide labeled “spray until
wet,” “spray to runoff,” or the like, the entry should indicate the nature of the application in
language consistent with the label directions.
(h)
Carrier, if other than water.
(i)
Date and time of application. The record shall indicate the time, within at least one-half
hour accuracy, when the application was started or stopped. Each applicator's records
shall be kept consistently and clearly, in such a manner as to allow ready determination
as to whether a noted time indicates the beginning or end of the application. An entry
merely stating “A.M.” or “P.M.” is not sufficient to comply with this Rule.
(j)
Name and license number of the person who made or supervised the application (i.e.,
technician, certified operator, qualified supervisor). If a restricted use pesticide application
is performed by an applicator technician, the record of application shall include the
names of both the technician and the responsible on-site qualified supervisor.
(k)
Endangered Species Protection Bulletin for the county and month in which the application
was made for any pesticide product used, when required by the label. If there is not an
active Endangered Species Bulletin use limitation for the county and month in which the
application was made, no Endangered Species Protection Bulletin is required to be
maintained in the applicator’s records. For purposes of complying with this Part 6.03(k), a
single Endangered Species Bulletin record may be applied to multiple applications that
are subject to that Bulletin.
6.04.
Any applicator performing wood destroying insect control, for the control of termites, shall keep, in
addition to record keeping requirements outlined in Part 6.03 above, the following information:
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03(k), a
single Endangered Species Bulletin record may be applied to multiple applications that
are subject to that Bulletin.
6.04.
Any applicator performing wood destroying insect control, for the control of termites, shall keep, in
addition to record keeping requirements outlined in Part 6.03 above, the following information:
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(a)
For all commercial pre-construction treatments, the licensee must maintain records of
square footage treated per application site, flow rate of the application equipment, and
the start and stop time for the treatment. If a physical barrier is used, the square footage
of the physical barrier shall be recorded and a diagram describing the installation shall be
provided.
(b)
Each post construction termite liquid and bait treatment record shall include:
(1)
A diagram, blueprint, or building plat and a description of the structure or
structures to be treated, including the following:
(i)
Approximate measurements as accurately as practical;
(ii)
Areas of known current termite activity;
(iii)
Areas of known previous termite activity;
(iv)
Areas of known conditions conducive to termite activity;
(v)
Areas to be treated and by what means, (i.e.: slab injection, trenching).
(2)
A copy of the signed customer contract and any warranty information provided to
the customer, including any job specific exclusions, limitations or amendments.
(3)
An original or legible copy of the original label for any pesticide used.
(4)
The signature of approval on the proposed treatment diagram by a qualified
supervisor licensed in the wood destroying organism category who is employed
by or associated with the applicator making the proposal.
(5)
For termite baiting programs:
ustomer, including any job specific exclusions, limitations or amendments.
(3)
An original or legible copy of the original label for any pesticide used.
(4)
The signature of approval on the proposed treatment diagram by a qualified
supervisor licensed in the wood destroying organism category who is employed
by or associated with the applicator making the proposal.
(5)
For termite baiting programs:
(i)
The number and locations of baiting and monitoring stations to be
installed;
(ii)
All service inspections of termite bait stations must be kept as part of that
customer’s service record and service frequency must be performed as
recommended by the manufacturer's label requirements.
Subpart B
Recordkeeping Requirements for Private Applicators
6.05.
Licensed private applicators shall maintain accurate and legible records of each restricted use
pesticide application in accordance with all regulations of the United States Department of
Agriculture’s federal pesticide recordkeeping requirements set forth in the Code of Federal
Regulations at 7 C.F.R. Part 110 (2017) (as incorporated herein by reference). Pursuant to § 35-
10-111 of the Act, such records shall be retained for a period of two years from the date of the
pesticide application.
Part 7. Business Practices, Equipment Identification, Notices.
7.01.
Equipment identification.
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(a)
For the purposes of subparagraphs (b) and (c) below, the term “company business
name” includes any name or trademark registered with the Colorado Secretary of State,
any doing business as name as submitted in the licensee’s application, and any company
logo that clearly communicates the licensee’s business name.
tification.
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(a)
For the purposes of subparagraphs (b) and (c) below, the term “company business
name” includes any name or trademark registered with the Colorado Secretary of State,
any doing business as name as submitted in the licensee’s application, and any company
logo that clearly communicates the licensee’s business name.
(b)
Commercial applicator equipment identification:
(1)
All motor vehicles, trailers, and mobile application equipment while used by or on
behalf of any licensee for applying or carrying pesticides shall be identified by
displaying thereon, in letters not less than two inches high, the company
business name and, in letters not less than one inch high, the city and state of
said licensee's place of business. Such lettering on a licensee's equipment shall
be clearly legible, and shall not be rendered difficult to read or illegible by means
of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor
vehicle so identified shall be identified on both sides of the vehicle. This Part
7.01(b)(1) shall not apply to aircraft, small capacity sprayers with less than a ten-
gallon capacity, and application equipment mounted on vehicles marked in
accordance with these Rules.
(2)
Vehicles with a spray tank holding more than a ten-gallon capacity that due to the
size or design of the vehicle do not provide sufficient surface area to comply with
the identification requirements outlined in Part 7.01(b)(1) shall be identified by
displaying thereon, in letters not less than one inch high, the company business
name of said licensee. Such lettering on a licensee's equipment shall be clearly
legible, and shall not be rendered difficult to read or illegible by means of paint
fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle
so identified shall, at a minimum, be identified on one side of the vehicle.
isplaying thereon, in letters not less than one inch high, the company business
name of said licensee. Such lettering on a licensee's equipment shall be clearly
legible, and shall not be rendered difficult to read or illegible by means of paint
fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle
so identified shall, at a minimum, be identified on one side of the vehicle.
(c)
Public applicator equipment identification:
(1)
Any public applicator registered with the Department shall identify all motor
vehicles, trailers, and mobile application equipment while used by or on behalf of
such registrant for applying or carrying pesticides by displaying, in letters not less
than two inches high, the city or state name, or a logo identifying the registered
public entity they represent. Such lettering on a registrant's equipment shall be
positioned and maintained so as to be clearly legible, and shall not be rendered
difficult to read or illegible by means of paint fading, scuffing, wear and tear,
damage, or any other cause. Any motor vehicle so identified shall be identified on
both sides of the vehicle. This Part 7.01(c)(1) shall not apply to aircraft, small
capacity sprayers with less than a ten-gallon capacity, and application equipment
mounted on vehicles marked in accordance with these Rules.
(2)
Vehicles with a spray tank holding more than a ten-gallon capacity that due to the
size or design of the vehicle do not provide sufficient surface area to comply with
the identification requirements outlined in Part 7.01(c)(1) shall be identified by
displaying thereon, in letters not less than one inch high, the city or state name,
or logo, identifying which public entity they represent. Such lettering on a
registrant's equipment shall be clearly legible, and shall not be rendered difficult
to read or illegible by means of paint fading, scuffing, wear and tear, damage, or
any other cause. Any motor vehicle so identified shall, at a minimum, be
identified on one side of the vehicle.
7.02
one inch high, the city or state name,
or logo, identifying which public entity they represent. Such lettering on a
registrant's equipment shall be clearly legible, and shall not be rendered difficult
to read or illegible by means of paint fading, scuffing, wear and tear, damage, or
any other cause. Any motor vehicle so identified shall, at a minimum, be
identified on one side of the vehicle.
7.02.
All licensees must inform the Commissioner, in writing, of any change in their address or
telephone number.
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34
7.03.
Each qualified supervisor or certified operator must notify the Commissioner in writing when he or
she begins employment with a commercial, registered limited commercial, or registered public
applicator, terminates employment, or when he or she changes branches, divisions, satellite
offices or employers. Such notification shall be within 15 days of said employment, termination, or
change.
7.04.
Each commercial, registered limited commercial, and registered public applicator must notify the
Commissioner in writing when a qualified supervisor in its employ terminates employment, or
changes branches, divisions or satellite offices, or when adding a qualified supervisor to its staff.
Such notification shall be within 15 days of said termination, change, or addition.
7.05
The original product container with labeling or a copy of the pesticide label and any associated
labeling for the intended use, for each product in use shall be in the possession of the
commercial, registered limited commercial, or registered public applicator employee at the site of
application whenever a pesticide application is performed. This Part 7.05 shall not apply to aerial
applicators, private applicators, or Endangered Species Protection bulletins referenced on the
label.
Part 8. Agricultural Applicators.
8.01.
The agricultural classification includes the following categories:
ial, registered limited commercial, or registered public applicator employee at the site of
application whenever a pesticide application is performed. This Part 7.05 shall not apply to aerial
applicators, private applicators, or Endangered Species Protection bulletins referenced on the
label.
Part 8. Agricultural Applicators.
8.01.
The agricultural classification includes the following categories:
(a)
Category 101: Agricultural Insect Control: the application of pesticides to agricultural
plants, including applications performed on pastures, croplands and non-crop agricultural
lands, to control invertebrate pests, including insects, mites, slugs, snails, and
nematodes.
(b)
Category 102: Agricultural Plant Disease Control: the application of pesticides to
agricultural plants, including applications performed on pastures, croplands and non-crop
agricultural lands, to control plant diseases.
(c)
Category 103: Agricultural Weed Control: the application of pesticides to agricultural
lands, including pastures, croplands and non-crop agricultural lands, to control weeds.
(d)
Category 104: Seed Treatment: the application of pesticides to seeds on agricultural
establishments as defined at 40 C.F.R. § 170.3 (as incorporated herein by reference) or
seed treatment facilities.
(e)
Category 105: Livestock Pest Control: the application of pesticides to livestock.
(f)
Category 106: Forest Pest Control: the application of pesticides in forests, forest
nurseries, forest seed producing areas managed for the production of timber and other
forest products or maintained as wood vegetation for such indirect benefits as protection
of catchment areas or public recreation, including windbreaks and downed timber
est Control: the application of pesticides to livestock.
(f)
Category 106: Forest Pest Control: the application of pesticides in forests, forest
nurseries, forest seed producing areas managed for the production of timber and other
forest products or maintained as wood vegetation for such indirect benefits as protection
of catchment areas or public recreation, including windbreaks and downed timber. For
applications in forested areas within fifty (50) feet of a residential or commercial structure,
an applicator must also hold the ornamental pest control category in accordance with
Part 9 of these Rules and comply with all of the posting and notification requirements in
Section 35-10-112, C.R.S., of the Pesticide Applicators' Act. This additional certification in
the ornamental pest control category shall not apply to aerial applicators or ground
applications made by federal, state, or local governments on property they own. This
category does not apply to pesticide applications made to control vertebrate pests.
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(g)
Category 107: Rangeland Pest Control: the application of pesticides to land which is not
managed for turf, pasture or forest on which the vegetation is predominantly native plant
species or introduced species managed as native species such as grasses, grass-like
plants, forbs or shrubs. Rangelands include but are not limited to natural grasslands,
shrublands, deserts, tundras, and meadows. For applications performed in rangeland
areas within fifty (50) feet of a residential or commercial structure, an applicator must also
hold the turf pest control category in accordance with Part 9 of these Rules and comply
with all of the posting and notification requirements in Section 35-10-112, C.R.S., of the
Pesticide Applicators' Act. This additional certification in the turf pest control category
shall not apply to aerial applicators or ground applications made by federal, state, or local
governments on property they own
so
hold the turf pest control category in accordance with Part 9 of these Rules and comply
with all of the posting and notification requirements in Section 35-10-112, C.R.S., of the
Pesticide Applicators' Act. This additional certification in the turf pest control category
shall not apply to aerial applicators or ground applications made by federal, state, or local
governments on property they own. This category does not apply to pesticide
applications made to control vertebrate pests.
(h)
Category 108: Aquatic Pest Control: the application of pesticides to standing or running
water when made to control weeds, amphibians, fish and other pests in water, except for
pesticide applications which are included in the “Public Health” category, at Part 8.01(j).
(1)
Category 113: Metam sodium for root control in sewers: the application of metam
sodium in sewers to control roots. For purposes of this sub-category, “sewer”
shall mean any artificial conduit for the transmission of wastewater to a
wastewater treatment plant.
(i)
Category 109: Industrial and Right-of-Way Weed Control: the application of pesticides to
maintain roads, sidewalks, trails, paths, utility lines, railways, parking lots, drilling rigs,
substations, open irrigation and drainage structures or similar areas and adjacent land
within right of ways associated with such areas for the purpose of establishing or
maintaining definable cover or bare ground.
(j)
Category 110: Public Health Pest Control: The application of pesticides for the control of
pests having medical or public health importance, except vertebrates. This category
applies to non-government commercial applicators who use pesticides for the
management and control of pests having public health importance.
(1)
Category 110G: Government-Sponsored Public Health Pest Control: The
application of restricted use pesticides in government-sponsored public health
programs for the control of pests having medical or public health importance.
ept vertebrates. This category
applies to non-government commercial applicators who use pesticides for the
management and control of pests having public health importance.
(1)
Category 110G: Government-Sponsored Public Health Pest Control: The
application of restricted use pesticides in government-sponsored public health
programs for the control of pests having medical or public health importance.
(k)
Category 111: Research and Demonstration: the application of pesticides in the course of
conducting field research or demonstration. No license or certification will be issued in
this category unless the applicant also obtains licensing or certification, in the specific
category listed in these Rules, which is appropriate to the research activity.
(l)
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 must be held in addition to the pest
management category for the aerial application being made.
(2)
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.
CODE OF COLORADO REGULATIONS
8 CCR 1203-2
Plant Industry Division
proved 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.
CODE OF COLORADO REGULATIONS
8 CCR 1203-2
Plant Industry Division
36
3)
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.
4)
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.
(m)
Category 309A: Soil Fumigation Pest Control: For the use of a fumigant designated as a
restricted use pesticide to control pests in soil.
(1)
The Soil Fumigation Pest Control category must be held in addition to the
Agricultural Pest Management Category for the fumigation application being
made.
(2)
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.
(3
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.
ntrol Certification examination offered by the
Colorado Department of Agriculture.
(3
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.
(4)
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.
(5)
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. To
make such applications, a commercial applicator must hold category 303,
category 309B, or, if applicable, both.
8.02.
Applicants for licensing as a qualified supervisor in the agricultural pest control categories, except
the metam sodium for root control in sewers sub-category, must have the following field
experience or equivalents. Such field experience must have been obtained within the five years
immediately preceding the date of the applicant's application for licensing.
(a)
Said applicant shall have obtained a minimum of eight months field experience in
agricultural pest control.
t control categories, except
the metam sodium for root control in sewers sub-category, must have the following field
experience or equivalents. Such field experience must have been obtained within the five years
immediately preceding the date of the applicant's application for licensing.
(a)
Said applicant shall have obtained a minimum of eight months field experience in
agricultural pest control.
(b)
If said applicant has earned college or university credit in agricultural pest control or
related fields, such credit may be combined with field experience in agricultural pest
control in order to qualify for licensing as a qualified supervisor, as follows:
(1)
Two years college credit and two months field experience in agricultural pest
control; or
CODE OF COLORADO REGULATIONS
8 CCR 1203-2
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37
(2)
One year college credit and five months field experience.
8.03.
Commercial applicators classified in the agricultural categories shall provide the following notices
of pesticide applications.
(a)
Prior to each application, the customer shall be informed of: (1) the pesticide(s) to be
applied, (2) the site of application, (3) applicable re-entry intervals, (4) applicable grazing
intervals, (5) applicable pre-harvest interval, and (6) any precautionary statements
contained on the applicable pesticide label(s). This notice may be oral.
(b)
After the application, the applicator shall promptly furnish the customer with a written
notice which states: (1) the pesticide(s) applied; (2) the amount of each pesticide applied;
(3) the date of application; (4) the site of application; (5) applicable re-entry intervals; (6)
applicable grazing intervals; (7) applicable crop rotation intervals; and (8) any
precautionary statements contained on the pesticide label(s).
(c)
An applicator may furnish the information specified in Parts 8.03(a)(3) through (6), and/or
Parts 8.03(b)(5) through (8) above, by giving the customer a copy of the applicable
pesticide label(s).
e of application; (5) applicable re-entry intervals; (6)
applicable grazing intervals; (7) applicable crop rotation intervals; and (8) any
precautionary statements contained on the pesticide label(s).
(c)
An applicator may furnish the information specified in Parts 8.03(a)(3) through (6), and/or
Parts 8.03(b)(5) through (8) above, by giving the customer a copy of the applicable
pesticide label(s).
(d)
In the event that a commercial applicator classified in the agricultural categories performs
an application at a site which is occupied by someone other than the applicator's
customer, the applicator shall be responsible for giving the notices required by Parts
8.03(a) and (b) above to the person(s) who are occupying the site, as well as to the
customer. This Part 8.03(d) does not apply to applications to crops or to large-scale pest
control programs.
(e)
Notices in this Part 8.03 may be provided electronically when the following conditions
have been met.
(1)
Commercial applicators must obtain a written request from each customer and
occupant confirming their request to obtain any notice required by these Rules
electronically.
(2)
A commercial applicator must maintain a record of the written request(s) for
electronic notices from each customer and occupant.
(3)
A commercial applicator that does not have a record of the written request(s) for
electronic notices on file at the time of an application must provide a notice as
outlined in Parts 8.03(a) - (d).
(f)
Commercial, registered limited commercial, or registered public applicators must comply
with all applicable signage requirements for aquatic applications in Part 13 below.
8.04
An applicant for licensing in the sub-category of metam sodium for root control in sewers shall
satisfy each of the following requirements:
(a)
In addition to any other required examination, an applicant must take and pass the
specific examination for this sub-category, but not the examination for the aquatic pest
control category.
gnage requirements for aquatic applications in Part 13 below.
8.04
An applicant for licensing in the sub-category of metam sodium for root control in sewers shall
satisfy each of the following requirements:
(a)
In addition to any other required examination, an applicant must take and pass the
specific examination for this sub-category, but not the examination for the aquatic pest
control category.
(b)
An applicant for licensing as a qualified supervisor in this sub-category must have the
following field experience or equivalents. Such field experience must have been obtained
within the five years immediately preceding the date of the applicant's application for
licensing.
CODE OF COLORADO REGULATIONS
8 CCR 1203-2
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38
(1)
An applicant shall have obtained a minimum of 40 hours of field experience in the
application of pesticides in sewers, including, but not limited to, metam sodium
for root control in sewers; or
(2)
If an applicant has a Level 2 or 3 wastewater collection certification issued by the
Colorado Water Distribution and Wastewater Collection Systems Council, or a
Class A, B, or C wastewater treatment plant operator certification issued by the
Colorado Department of Public Health and Environment pursuant to Title 25,
Article 9 of the Colorado Revised Statutes, the applicant shall have obtained a
minimum of 20 hours of field experience in the application of pesticides in
sewers, including, but not limited to, metam sodium for root control in sewers.
il, or a
Class A, B, or C wastewater treatment plant operator certification issued by the
Colorado Department of Public Health and Environment pursuant to Title 25,
Article 9 of the Colorado Revised Statutes, the applicant shall have obtained a
minimum of 20 hours of field experience in the application of pesticides in
sewers, including, but not limited to, metam sodium for root control in sewers.
(c)
Each applicator technician working for a commercial applicator, registered limited
commercial applicator, or registered public applicator licensed or registered in this sub-
category shall have at a minimum 32 hours of training:
(1)
At least 8 of which shall be classroom-instructional training covering: applicable
State, Federal, and local laws and regulations, environmental precautions, use,
equipment and calibration, pesticides and their families, pest management,
applicator safety, pesticide label and labeling, host and pest identification, and
public safety; and
(2)
At least 24 hours of which shall be on the job training. At least 8 hours of this
training shall be conducted by a licensed qualified supervisor or a licensed
certified operator, which licensed certified operator has at least 20 hours of
experience in the application of pesticides in sewers, including, but not limited to,
metam sodium for root control in sewers, within the last 2 years. No more than 16
hours of said on the job training may be conducted by an experienced technician
trained by the applicator. Said training shall cover: environmental precautions,
use, equipment and calibration, pesticides and their families, pest management,
applicator safety, pesticide label and labeling, host and pest identification, and
public safety.
t control in sewers, within the last 2 years. No more than 16
hours of said on the job training may be conducted by an experienced technician
trained by the applicator. Said training shall cover: environmental precautions,
use, equipment and calibration, pesticides and their families, pest management,
applicator safety, pesticide label and labeling, host and pest identification, and
public safety.
(d)
Each sales technician working for a commercial applicator licensed in this sub-category
shall have at a minimum 32 hours of training:
(1)
At least 8 hours of which shall be classroom-instructional training covering:
applicable State, Federal, and local laws and regulations, environmental
precautions, pesticides and their families, pest management, pesticide label and
labeling, host and pest identification, and public safety;
(2)
At least 16 hours of which shall be on the job training. At least 8 hours of this
training shall be conducted by a licensed qualified supervisor or a licensed
certified operator, which licensed certified o
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