Colorado Department of Agriculture Laws and Regulations Overview

CALCP Laws & Regs Colorado Department of Agriculture Mar 7, 2017 Jonathan Handy

High Points Notification & posting Which category is that? Inspection issues PAA overview Federal changes C&T and WPS

Notification & Posting Public PAA 35-10-112(1); rule 13 Customer Rule 8.03 (ag), 9.04 (turf & ornamental), 10.04 10.07 (structural) Pesticide sensitive person 35-10-112(2); rule 12

Public Notification Yellow Sign Comm app business, registered limited comm & registered public app Turf 206, ornamental 207, aquatic 108 At each conspicuous point of entry; other location requirements (rule part 13) At the time of = before application starts Application to commercial property

Public Notification Sign Details Water resistant, yellow, 4 high, 5 wide, black text WARNING (60 pt, bold) PESTICIDES APPLIED (24 pt bold) 2 diameter circle with diagonal slash over adult, child, dog Name of business or registrant (18 pt bold) Comm site/owner or agent not present: Phone #, pesticide name, date of app (18 pt bold)

Public Notification

Public Notice Sign Location (206, 207) At each conspicuous point of entry Bottom at least 18 off ground Top no more than 48 off ground 2 to 5 from sidewalk, road, or boundary 13.04: For greenbelts, parks, golf courses, athletic fields, playgrounds, common property of multi-unit residential and commercial properties, or other similar recreational or common property, the signs must be posted immediately adjacent to areas within the property where pesticides have been applied in a manner that is conspicuous and easily legible to any adult or child entering the treated area(s). For applications on a golf course, the applicator shall post a sign at the clubhouse and at the first tee and the tenth tee notifying the public of the application.

Parking Lot Hedge

Public Notice Sign Location (Aquatic 108) At each place of legal public access (13.05)

Notification of Customer Commercial applicators all categories Oral, written, or electronic depending on category & other factors At the time of = by end of application Application to commercial property Multi-unit dwelling

Notification of Customer - Ag Pre-notification (8.03(a)) may be oral 1. Pesticide applied 2. Site of application 3. Applicable REIs 4. Applicable grazing intervals 5. Applicable pre-harvest interval 6. Any precautionary statements on label Post-notification (8.03(b)) must be written; label may be used Same as pre-, except: amount applied, date of application & applicable crop rotation intervals Electronic notification allowed (8.03(e))

Notification of Customer Turf 206 & Ornamental 207 At time of application; written (9.04(a)): The fact a pesticide has been applied Name of pesticide Date of application Precautionary statements from label Electronic notification allowed (9.04(d)) Comm site w/o owner/agent present (9.04(b)) Promptly after application Pesticide name, date of app, precautionary statements from label Electronic notification allowed (9.04(d))

Notification of Customer Turf 206 & Ornamental 207 - Ctd Multi-unit dwelling site w/o owner or agent present (9.04(c)) Promptly after: name of pesticide, date, precautionary statements from label Electronic notification not allowed

Notification of Public Turf 206 & Ornamental 207 - Ctd Multi-unit dwelling site w/o owner or agent present (9.04(c)) At time of app: yellow public posting flags with WARNING; PESTICIDES APPLIED; circle with line & adult, child, dog; telephone # of applicator; name of pesticide applied; date of application.

Notification of Customer Structural At time of application; written (10.04): The fact a pesticide has been applied Name of pesticide Date of application Precautionary statements from label Electronic notification allowed (10.06) Site where customer is not occupant; written, at time of application, to occupant (10.05): Pesticide name, date of app, precautionary statements from label Electronic notification allowed (10.06)

Notification of Customer Structural - Ctd Within a multi-unit dwelling w/o owner or agent present (10.07) Promptly after: name of pesticide, date, precautionary statements from label Electronic notification not allowed

Notification of Public Structural - Ctd Within a multi-unit dwelling w/o owner or agent present (10.07) When making application, posted at primary entrance(s) to interior common areas: name of pesticide applied; date of application.

Notification of PSR Registrant Comm app business, registered limited comm & registered public app Turf 206, ornamental 207, WDO 301, res/comm 304 & interior plant 307 Abutting property & multi-unit dwelling At least 2 attempts to notify 24 hrs or more prior If unsuccessful, one last attempt immediately prior Place notice on door if no success

Vehicle, Equipment, Invoice Vehicle & equipment identification Rule 7.01 (vehicle & equipment), 11.08 (service container) Customer invoice Rule 14 ( Commercial applicators are licensed by the Colorado Department of Agriculture required)

Which Category? 107 rangeland vs 109 IROW 206 turf vs 109 IROW sidewalks 110 public health/mosquito vs 304 residential commercial Others?

Common Inspection Issues 2014-16 Records (99 occurrences) Storage (98) Equipment (84) Posting (46) Technician training (37)

Inspection PAA Overview Federal changes

Common Inspection Issues 2014-16 Records (99 occurrences) Storage (98) Equipment (84) Posting (46) Technician training (37)

2015 PAA Sunset Private app records kept two years (35-10-111) Received not PM date for renewals (107, 116) Public & limited comm. app core training (109) Web post of enforcement actions (124) PAC expanded from 11 to 15 members (125) Next Sunset - 2023

2016 New PAA Rule 308 Post-harvest potato pest (PAA rule 10.01) Electronic notification (8.03, 9.04, 10.06) Non-registered public & limited comm. training (16) Use of pesticides in cannabis production (17)

PAA Rule Part 16: Core Pesticide Use Training Non-registered limited commercial applicator owner or designee must be trained in core pesticide use knowledge for many GUP applications (16.02) Non-registered public applicator employees must be trained in core for many GUP applications (16.02) Ready to use (RTU) & disinfectant/sanitizing pesticides excluded (16.03)

Core Training for Applications at Schools, Day-Cares, Hospitals All applicators must be trained in core prior to application of any GUP (16.03) Except disinfectants/sanitizers Including ready-to-use (RTU) GUPs

Core Pesticide Use Training Options Passing free CDA/CSU online course within last three years (16.04, 16.05) Attending CDA-approved core courses (continuing education or other) within last three years (16.04, 16.05) Passing a general CDA pesticide applicator exam (qualified supervisor, certified operator, private applicator) within last three years (16.04) Holding a current QS, CO or PA license (16.04) Training records must be maintained three years minimum

Core Training CSU Web Class Free; administered by CSU Colorado Environmental Pesticide Education Program (CEPEP) Five interactive modules: 1) IPM & law, 2) labels & SDS, 3) applicator safety, 4) pesticide application, 5) environmental protection & public health Created by CDA & CSU CEPEP Go to cepep.agsci.colostate.edu, and select Non-registered Applicator under licensing/training Direct: http://cepep.agsci.colostate.edu/1-licensing/non-registered- applicator-training-modules/

PAA Rule Part 17: Use of Pesticides for Cannabis Production CDA to publish pesticides legal for use on cannabis (17.02) Go to colorado.gov/agplants/pesticides & select cannabis production under Helpful Links Any pesticide used to cultivate cannabis must be registered with CDA (17.03)

Pesticides for Cannabis Production - Ctd Use conditions EPA registered products (17.04(a)): Label must be followed Product must be tolerance exempt Label allows use on intended application site Unless otherwise authorized by CDA, label must expressly allow use on crops for human consumption Active ingredients are allowed for use on tobacco Specific use conditions are in 17.04(d) & (e) for 25b minimum risk & special local need pesticides CDA can prohibit a product that it determines is a significant threat to public health & safety or the environment (17.05)

EPA C&T Rule 40 CFR 171 Under FIFRA Aug 2015 draft rule released Jan 2016 - comment period closed Dec 12, 2016 new rule finalized 1st major update since 1974 inception of C&T rule Mar 2020 - states must submit plans to EPA for law & rule changes Mar 2022 EPA must approve or reject; law & rule change process begins Sep 2023 next CO PAA sunset

C&T Rule Highlights 1 Concern with draft but not in final rule: additional CECs for license renewal Many of the new requirements are already in place in Colorado Only a few changes will affect us EPA focus: safe RUP use; Colorado law governs both GUP & RUP use

C&T Rule Highlights 2 New license categories: soil & non-soil fumigation, aerial application, predator control Expanded core category certification requirements; proctored & closed book PA exams Increased tech training requirements 18 year minimum age for applicators Use of pesticide redefined & expanded

EPA WPS Rule 40 CFR 170 Under FIFRA Changes to agricultural worker protection standard (WPS) To increase protections from pesticide exposure for ag workers & their families CDA contact: Mike Rigirozzi (303) 869-9059 & michael.rigirozzi@state.co.us

WPS Rule Timeline Aug 2014 comment period closed Nov 3, 2015 final rule publised Jan 1, 2016 effective date Jan 1, 2018 fully effective date

CDA Elicense: AgLicense On-line licensure, renewal, account updates Pesticide products & PSR have migrated PSR will be accessible to commercial applicators online Pesticide applicators to migrate in the near future Online renewal notices CEC On-line course submission ID cards bar coded

Other Current Topics Drones & ag aviation Zika virus Pesticides and cannabis EAB & ornamental applicators Douglas Fir Tussock Moth Ozone generators

Thank You! Jonathan Handy Colorado Department of Agriculture Pesticide Applicator Program Coordinator 305 Interlocken Parkway Broomfield, CO 80021 303-869-9063 jonathan.handy@state.co.us