Colorado Pest Control Licensing Law

Colorado Code · 113 sections

The following is the full text of Colorado’s pest control licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 12-315-105

12-315-105. License requirements and exceptions - practice of veterinary medicine - prescriptions - definitions - rules. (1) An individual shall not practice veterinary medicine in this state if the individual is not a licensed veterinarian. An individual shall not practice artificial insemination or ova transplantation of cattle or other animal species in this state except in accordance with rules established pursuant to section 12-315-106 (5)(c). An individual not licensed as a veterinarian pursuant to this part 1 shall not diagnose, issue prognoses for, prescribe for, or perform surgery on an animal. This article 315 does not prohibit:

(a)  An employee of the federal, state, or local government from performing

the employee's official duties;

(b)  A person who is a veterinary student or veterinary student preceptor in an

approved school of veterinary medicine from performing duties or actions as described in section 12-315-116;

(c)  A person from advising with respect to, or performing acts that are,

accepted livestock management practices;

(d)  A veterinarian regularly licensed in another state from consulting with a

licensed veterinarian in this state;

(e)  Any merchant or manufacturer from selling, at the person's regular place

of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases;

(f) (I)  Except as provided in subsection (1)(f)(II) of this section and subject to

subsection (2) of this section, the owner of an animal and the owner's employees from caring for and treating the animal belonging to the owner.

(II)  Subsection (1)(f)(I) of this section does not apply in cases where the

ownership of the animal was transferred for purposes of circumventing this article 315 or where the primary reason for hiring the employee is to circumvent this article 315.

(g)  A person from lecturing or giving instructions or demonstrations at a

school of veterinary medicine or in connection with a continuing education course or seminar for veterinarians;

(h)  Any person from selling or applying any pesticide, insecticide, or

herbicide;

(i)  Any person from engaging in bona fide scientific research that reasonably

requires experimentation involving animals or commercial production of biologics or animal medicines;

(j)  Any individual from performing tasks under the appropriate level of

supervision by a licensed veterinarian who is responsible for the individual's performance in accordance with board rules adopted pursuant to section 12-315-105.5;

(k)  Repealed.


(l)  Any person otherwise appropriately licensed or approved by the state

from performing the functions described in section 12-315-104 (14)(d);

(m)  Any person from performing massage on an animal in accordance with

section 12-235-110 (1)(f);

(n)  The practice of animal chiropractic pursuant to section 12-215-127;


(o)  The practice of animal physical therapy pursuant to section 12-285-116

(4);

(p)  Any person from assisting in a surgical procedure under the immediate

supervision of a licensed veterinarian, who is responsible for the person's performance;

(q) (I) (A)  A person from administering a rabies vaccine to an animal if the

person is under the direct supervision of a licensed veterinarian and has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events; or

(B)  A person working on behalf of an animal shelter from administering a

rabies vaccine to animal-shelter-owned animals if the person is under the indirect supervision of a licensed veterinarian and has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events.

(II)  The veterinarian signing the rabies vaccination certificate shall ensure

that the person who administered the vaccine pursuant to this subsection (1)(q) is identified on the certificate.

(r)  An individual acting under at least indirect supervision of a licensed

veterinarian from providing care to animals located at an animal shelter that are the property or under the stewardship of an animal shelter if:

(I)  The individual is performing tasks in compliance with a written or verbal

protocol provided by the supervising licensed veterinarian; and

(II)  The supervising licensed veterinarian has determined the individual has

received sufficient and proper training;

(s)  An individual from performing accepted animal husbandry on livestock, as

those terms are defined in section 35-42-103, if the individual is an owner of an animal or is an individual acting under the direction of the owner of the animal pursuant to subsection (1)(f)(I) of this section;

(t)  An individual from performing tasks on livestock under the supervision of

a licensed veterinarian and:

(I)  The supervising licensed veterinarian has established a veterinarian-client-patient relationship with the livestock and the owner of the livestock;


(II)  The individual is performing tasks in compliance with written or verbal

instructions or communications developed by the supervising licensed veterinarian; and

(III)  The supervising licensed veterinarian has determined the individual

performing the tasks has received sufficient and proper training; or

(u) [Editor's note: Subsection (1)(u) is effective January 1, 2026.] A veterinary

professional associate from practicing veterinary medicine on species for which the veterinary professional associate has received training and that is:

(I)  Within the veterinary professional associate's education and experience;


(II)  Within the scope of practice for veterinary professional associates, as

determined by the board pursuant to section 12-315-201 (1)(f); and

(III)  Performed while under the appropriate level of supervision by a licensed

veterinarian who is responsible and accountable for the acts and omissions of the veterinary professional associate.

(2) (a)  Notwithstanding subsection (1)(f) of this section, a person who is not a

licensed veterinarian shall not distribute, dispense, or prescribe prescription drugs. Except as provided in subsection (2)(b) of this section, a licensed veterinarian must have a veterinarian-client-patient relationship with the animal and its owner or other caretaker in order to administer, distribute, dispense, or prescribe prescription drugs to or for an animal. A licensed veterinarian may delegate the administration of prescription drugs or the filling of a prescription order to an individual under an appropriate level of supervision determined in accordance with this article 315 and board rules adopted pursuant to section 12-315-105.5 (4).

(b) (I)  In an emergency situation where a licensed veterinarian who has a

veterinarian-client-patient relationship prescribes a prescription drug that the licensed veterinarian does not have in stock and is not available at a local pharmacy, another licensed veterinarian who does not have a veterinarian-client-patient relationship with the animal and owner or other caretaker may administer, distribute, or dispense the prescription drug to the animal based on the examining veterinarian's expertise and veterinarian-client-patient relationship.

(II)  The board shall adopt rules defining what constitutes an emergency

situation under which this subsection (2)(b) would apply, including a requirement that failure to administer, distribute, or dispense the prescription drug threatens the health and well-being of the animal and requiring detailed records documenting the emergency circumstances that include at least the following:

(A)  A requirement that the examining veterinarian with the veterinarian-client-patient relationship document the emergency and the immediate need for

the prescription drug;

(B)  A requirement that the examining veterinarian with the veterinarian-client-patient relationship document the veterinarian's efforts to obtain the

prescription drug from a local pharmacy, including documentation of contact with at least one pharmacy in the general proximity of the examination location that does not have the prescription drug immediately available; and

(C)  A requirement that the licensed veterinarian who administers, distributes,

or dispenses the prescription drug document the date the prescription is administered, distributed, or dispensed.

(III)  A veterinarian who administers, distributes, dispenses, or prescribes a

prescription drug in accordance with this subsection (2)(b) is not subject to discipline pursuant to section 12-315-112 (1)(y) if the veterinarian satisfies the requirements of this subsection (2)(b) and the rules adopted by the board.

(3)  If a veterinarian complies with the requirements of section 12-280-121,

the veterinarian may maintain an office stock of compounded drugs. As used in this subsection (3), office stock has the same meaning as set forth in section 12-280-121 (5)(b).

(4) (a)  As used in this subsection (4), unless the context otherwise requires:


(I)  Cat means a small, domesticated feline animal that is kept as a pet.

Cat does not include a nondomesticated wild animal.

(II)  Dog means any canine animal owned for domestic, companionship,

service, therapeutic, or assistance purposes.

(III)  Emergency medical service provider means an emergency medical

service provider who is certified or licensed by the department of public health and environment, created under section 25-1-102.

(IV)  Employer means an entity or organization that employs or enlists the

services of an emergency medical service provider, regardless of whether the provider is paid or is a volunteer. The employer may be a public, private, for-profit, or nonprofit organization or entity; or a special district.

(V)  Preveterinary emergency care means the immediate medical

stabilization of a dog or cat by an emergency medical service provider, in an emergency to which the emergency medical service provider is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian. Preveterinary emergency care does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat unless a person's life could be in danger attempting to save the life of a dog or cat.

(b)  Notwithstanding any other provision of law, an emergency medical

service provider may provide preveterinary emergency care to dogs and cats to the extent the provider has received commensurate training and is authorized by the employer to provide the care. The provision of preveterinary emergency care to dogs and cats by emergency medical service providers in accordance with this subsection (4)(b) is not a violation of this article 315. Requirements governing the circumstances under which emergency medical service providers may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care.

(c)  Notwithstanding any other provision of law, nothing in subsection (4)(b) of

this section imposes upon an emergency medical service provider any obligation to provide care to a dog or cat or to provide care to a dog or cat before a person.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1619, � 1, effective October 1. L. 2022: IP(1) and (1)(b) amended, (1)(k) repealed, and (1)(q) added, (HB 22-1235), ch. 442, p. 3102, � 9, effective August 10. L. 2024: IP(1), (1)(j), and (2)(a) amended and (1)(r) to (1)(t) added, (HB 24-1047), ch. 36, p. 125, � 3, effective August 7. Initiated 2024: (1)(r) added, Proposition 129, effective January 1, 2026. See L. 2025, p. 3620. L. 2025: (1)(u) amended, (HB 25-1285), ch. 305, p. 1594, � 3, effective January 1, 2026.

Editor's note: (1)  This section is similar to former � 12-64-104 as it existed

prior to 2019.

(2)  Subsection (1)(u) was numbered as (1)(r) in Proposition 129 but was

renumbered on revision for ease of location.

(3)  Subsection (1)(r) was added by Proposition 129, effective January 1, 2026.

The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3620. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814


Cross references: For the legislative declaration in HB 24-1047, see section 1

of chapter 36, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1285, see section 1 of chapter ___, Session Laws of Colorado 2025.

C.R.S. § 18-9-201.5

18-9-201.5. Scope of part 2. (1) Nothing in this part 2 shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of title 35, C.R.S.

(2)  In case of any conflict between this part 2 or section 35-43-126, C.R.S.,

and the wildlife statutes of the state, said wildlife statutes shall control.

(3)  Nothing in this part 2 shall affect animal care otherwise authorized by

law.

(4)  Nothing in this part 2 shall affect facilities licensed under the provisions

of the federal Animal Welfare Act of 1970, 7 U.S.C. sec. 2131 et seq., as amended.

Source: L. 90: Entire section added, p. 1612, � 4, effective July 1.

C.R.S. § 23-31-319

23-31-319. Forest service seedling tree nursery - necessary upgrades and improvements - definition - funding - reports - repeal. (1) Definition. As used in this section, unless the context otherwise requires, nursery means the Colorado state forest service seedling tree nursery located on the foothills campus of Colorado state university in Fort Collins and operated by the Colorado state forest service.

(2)  Greenhouses. To upgrade greenhouses and expand their capacity, the

nursery shall:

(a)  Repair existing structures as needed;


(b)  Add square footage to existing structures or construct new structures;


(c)  Replace pumps and other equipment with equipment that is calibrated for

current nutrient delivery standards;

(d)  Implement energy efficiency measures;


(e)  Implement modern pest control measures; and


(f)  Upgrade water delivery systems, including irrigation systems.


(2.5)  Field upgrades. To upgrade the fields where the nursery grows bare-root trees and shrubs, the nursery shall:


(a)  Install a new pump and pump house;


(b)  Overhaul the irrigation system; and


(c)  Grade and improve the roads to and within the fields.


(3)  Shade house structures. To improve and expand shade house structures,

the nursery shall:

(a)  Remove and replace existing rotted structures;


(b)  Refill and level sunken or eroded ground;


(c)  Install new foundations;


(d)  Install new irrigation lines; and


(e)  Add square footage to existing structures, construct new structures, or

both.

(3.5)  Seed storage cooler. To improve the capacity, security, and energy

efficiency of seed storage, the nursery shall purchase a new seed storage cooler.

(4)  Containers and shipping supplies. To prepare for increased production,

the nursery shall:

(a)  Purchase sufficient containers and shipping materials to serve the

nursery's storage and shipping needs; and

(b)  Purchase a pressure washer to clean and sterilize containers for reuse.


(4.5)  Delivery trucks. To improve the timeliness of deliveries and eliminate

the cost of renting delivery trucks, the nursery shall purchase two refrigerated box trucks.

(5)  Capacity, expertise, and infrastructure analysis. To guide further

investment in the modernization of the nursery, the nursery shall contract with nursery management and reforestation professionals to conduct an analysis of priority capacity and knowledge investments that are necessary to address reforestation needs in response to more frequent and intense wildfire, flood, insect, and disease incidents.

(6)  Appropriation. For the 2022-23 and 2023-24 state fiscal years, the

general assembly shall appropriate money to the Colorado state university system for allocation to and expenditure by the Colorado state forest service for the purposes specified in this section. Any money appropriated by the general assembly pursuant to this subsection (6) that is not expended before the end of the fiscal year for which it is appropriated remains available for expenditure for the same purposes until the close of the 2026-27 state fiscal year.

(7)  Reporting. No later than June 1, 2023, and no later than June 1 of any

other year in which the Colorado state forest service expends money appropriated to the Colorado state university system pursuant to this section, the state forester shall submit a report concerning the use of money received by the Colorado state forest service pursuant to this section to the wildfire matters review committee created in section 2-3-1602 (1)(a).

(8)  Repeal. This section is repealed, effective June 30, 2027.


Source: L. 2022: Entire section added, (HB 22-1323), ch. 434, p. 3058, � 2,

effective August 10. L. 2023: (2.5), (3.5), and (4.5) added and (6) and (8) amended, (HB 23-1060), ch. 185, p. 904, � 1, effective August 7. L. 2025: (6) and (8) amended, (SB 25-115), ch. 4, p. 10, � 1, effective February 27.

Cross references: For the legislative declaration in HB 22-1323, see section 1

of chapter 434, Session Laws of Colorado 2022.

C.R.S. § 24-20-112

24-20-112. Implementation of section 16 of article XVIII of the Colorado constitution - criteria for pesticide use - education oversight and materials - rules. (1) The governor shall designate a state agency to promulgate rules to designate criteria that identify pesticides that may be used in the cultivation of marijuana as authorized pursuant to article 10 of title 44. The designated agency may consult with other state agencies in promulgating the rules. The agency shall publish a list of pesticides that meet the criteria on its website.

(2)  The governor shall designate a state agency to work with a private

advisory group to develop good cultivation and handling practices for the marijuana industry. The designated agency is encouraged to assist in the formation of a private advisory group. If a private advisory group develops good cultivation and handling practices, an entity licensed pursuant to article 10 of title 44 that follows those practices may include a statement of compliance on its label after receiving certification of compliance. The designated agency may consult with other state agencies to receive technical assistance.

(3)  The governor shall designate a state agency to work with a private

advisory group to develop good laboratory practices for the retail marijuana industry. The designated agency is strongly encouraged to assist in the formation of a private advisory group. The designated agency may consult with other state agencies to receive technical assistance.

(4)  The governor shall designate a state agency that must establish an

educational oversight committee composed of members with relevant experience in marijuana issues. The committee shall develop and implement recommendations for education of all necessary stakeholders on issues related to marijuana use, cultivation, and any other relevant issues. The committee shall encourage professions to include marijuana education, if appropriate, as a part of continuing education programs.

(5)  The governor shall designate a state agency that shall establish

educational materials regarding appropriate retail marijuana use and prevention of marijuana use by those under twenty-one years of age. In establishing educational materials, to the greatest extent possible, the state agency shall utilize established best practices and existing federal and state resources.

Source: L. 2013: Entire section added, (SB 13-283), ch. 332, p. 1891, � 7,

effective May 28. L. 2016: (1) amended, (SB 16-015), ch. 10, p. 23, � 1, effective August 10. L. 2018: (1) and (2) amended, (HB 18-1023), ch. 55, p. 588, � 15, effective October 1. L. 2019: (1) and (2) amended, (SB 19-224), ch. 315, p. 2938, � 20, effective January 1, 2020.

C.R.S. § 24-34-104

24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.

(b)  It is the intent of the general assembly that the system set forth in this

section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.

(2) (a)  The divisions in the department of regulatory agencies, the boards and

agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.

(b)  Upon repeal, an agency continues in existence, or, in the case of the

repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.

(c)  As used in this section, unless the context otherwise requires, agency

includes a division or board within an agency that is subject to review pursuant to this section.

(3)  If the state constitution imposes powers, duties, or functions on an

agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.

(4)  The existence of a newly created agency or function in the department of

regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).

(5) (a)  The department of regulatory agencies shall analyze and evaluate the

performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.

(b)  The department of regulatory agencies shall submit its report to the

office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).

(c)  This subsection (5) is exempt from the provisions of section 24-1-136 (11),

and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.

(6) (a)  Before the repeal, continuation, or reestablishment of an agency or

function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.

(b)  In the hearings, the determination as to whether an agency has

demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:

(I)  Whether regulation or program administration by the agency is necessary

to protect the public health, safety, and welfare;

(II)  Whether the conditions that led to the initial creation of the program have

changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;

(III)  If the program is necessary, whether the existing statutes and

regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;

(IV)  If the program is necessary, whether agency rules enhance the public

interest and are within the scope of legislative intent;

(V)  Whether the agency operates in the public interest and whether its

operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;

(VI)  Whether an analysis of agency operations indicates that the agency or

the agency's board or commission performs its statutory duties efficiently and effectively;

(VII)  Whether the composition of the agency's board or commission

adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;

(VIII)  Whether regulatory oversight can be achieved through a director

model;

(IX)  The economic impact of the program and, if national economic

information is not available, whether the agency stimulates or restricts competition;

(X)  If reviewing a regulatory program, whether complaint, investigation, and

disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;

(XI)  If reviewing a regulatory program, whether the scope of practice of the

regulated occupation contributes to the optimum use of personnel;

(XII)  Whether entry requirements encourage equity, diversity, and inclusivity;


(XIII)  If reviewing a regulatory program, whether the agency, through its

licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.

(XIV)  Whether administrative and statutory changes are necessary to

improve agency operations to enhance the public interest.

(c)  A legislative committee of reference that conducts a review pursuant to

paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.

(d) (I)  If a legislative committee of reference recommends a bill for

consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:

(A)  To one or more of the members of the committee of reference; or


(B)  To one or more of the members of the general assembly who are not

members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.

(II)  A member of the general assembly may not sponsor more than two bills

introduced pursuant to this subsection (6) in a single legislative session.

(III)  After consulting with the minority leader of the house of representatives

and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:

(A)  The speaker of the house of representatives shall assign the proposed

bill to a representative for sponsorship in the house of representatives in odd-numbered years; and

(B)  The president of the senate shall assign the proposed bill to a senator for

sponsorship in the senate in even-numbered years.

(e)  A bill recommended for consideration by a committee of reference

pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.

(f)  Before the repeal, continuation, reestablishment, or revision of an

agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).

(7) (a)  Pursuant to the process established in this section, a committee of

reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.

(b)  This section shall not cause the dismissal of a claim or right of a person

through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.

(c)  This section does not affect the general assembly's authority to

otherwise consider legislation affecting a division, board, agency, or similar body.

(8)  If an agency or function repeals pursuant to the provisions of this section

and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.

(9)  The purpose of this section is to provide a listing of the divisions, boards,

agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.

(10) to (24)  Repealed.


(25) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2024:

(I) to (VI)  Repealed.


(VII)  The evidential breath-testing cash fund created in section 42-4-1301.1

(9);

(VIII) to (XII)  Repealed.


(XIII)  (Deleted by amendment, L. 2024).


(XIV) to (XX)  Repealed.


(XXI)  The harm reduction grant program created in section 25-20.5-1101.


(XXII)  Repealed.


(b)  This subsection (25) is repealed, effective September 1, 2026.


(26) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2025:

(I) to (IX)  Repealed.


(X)  Reserved.


(XI) to (XIII)  Repealed.


(b)  This subsection (26) is repealed, effective September 1, 2027.


(27) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2026:

(I)  The regulation of barbers, hairstylists, cosmetologists, estheticians, nail

technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;

(II)  The division of securities created in section 11-51-701, C.R.S.;


(III)  The securities board created in section 11-51-702.5, C.R.S.;


(IV)  The registration and regulation of vessels by the department of natural

resources in accordance with article 13 of title 33, C.R.S.;

(V)  The office of combative sports, including the Colorado combative sports

commission, created in article 110 of title 12;

(VI)  The division of real estate, including the real estate commission, created

in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;

(VII)  The regulation of professional cash-bail agents and cash-bonding

agents in accordance with article 23 of title 10;

(VIII)  The Colorado podiatry board created in article 290 of title 12;


(IX)  The biomass utilization grant program implemented by the state forest

service pursuant to section 23-31-317;

(X)  The cold case task force created in section 24-33.5-109;


(XI)  The record-keeping, licensing, and central registry functions of the

behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;

(XII)  The licensing of pet animal facilities by the commissioner of agriculture

in accordance with article 80 of title 35;

(XIII)  The fire suppression programs of the division of fire prevention and

control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;

(XIV)  The Colorado medical board created in article 240 of title 12;


(XV)  The regulation of dialysis treatment clinics and hemodialysis

technicians in accordance with section 25-1.5-108;

(XVI)  The Colorado public utilities commission created in article 2 of title 40;


(XVII)  The legal requirements pertaining to home warranty service contracts

under part 9 of article 10 of title 12.

(XVIII) and (XIX)  Repealed.


(b)  This subsection (27) is repealed, effective September 1, 2028.


(28) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2027:

(I)  The regulation of motor vehicle and powersports vehicle sales by the

motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;

(II)  The Colorado civil rights division, including the Colorado civil rights

commission, created in part 3 of this article 34;

(III)  The state board of nursing created in article 255 of title 12;


(IV)  The state board of nursing created in article 255 of title 12 and the

functions of the board, including the functions related to the certification of nurse aides;

(V)  The regulation of radon professionals licensed in accordance with article

165 of title 12;

(VI)  The justice reinvestment crime prevention initiative created in section

24-32-120;

(VII)  The use of digital number plates by the owner of a registered vehicle

pursuant to section 42-3-201 (8);

(VIII)  The domestic violence offender management board created in section

16-11.8-103;

(IX)  The certification of persons in connection with the control of asbestos in

accordance with part 5 of article 7 of title 25;

(X)  The wildfire mitigation incentives for local government grant program

created in section 23-31-318 (2).

(b)  This subsection (28) is repealed, effective September 1, 2029.


(29) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2028:

(I)  The licensing of landscape architects in accordance with article 130 of

title 12;

(II)  The administration of the Colorado Fair Debt Collection Practices Act

by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;

(III)  The issuance of licenses and certificates related to measurement

standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;

(IV)  The functions of the underground damage prevention safety commission

related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;

(V)  The functions of the commissioner of agriculture related to seed

potatoes under article 27.3 of title 35;

(VI)  In-home support services established in part 12 of article 6 of title 25.5;


(VII)  The licensing of river outfitters through the parks and wildlife

commission and the division of parks and wildlife in accordance with article 32 of title 33;

(VIII)  The functions of the department of public health and environment

relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;

(IX)  The medical marijuana program created in section 25-1.5-106;


(X) and (XI)  Repealed.


(XII)  The Colorado Marijuana Code, article 10 of title 44;


(XIII)  The administration of the Michael Skolnik Medical Transparency Act

of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;

(XIV)  The registration of surgical assistants and surgical technologists

pursuant to article 310 of title 12;

(XV)  The registration of direct-entry midwives by the division of professions

and occupations in accordance with article 225 of title 12;

(XVI)  Notwithstanding subsection (7)(a) of this section, the office of the

utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;

(XVII)  The community crime victims grant program created in section 25-20.5-801;


(XVIII)  The grant program to provide funding to eligible community-based

organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);

(XIX)  The regulation of nursing home administrators by the board of

examiners of nursing home administrators in accordance with article 265 of title 12;

(XX)  The sex offender management board created in section 16-11.7-103.


(b)  This subsection (29) is repealed, effective September 1, 2030.


(30) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2029:

(I)  The automobile theft prevention authority and the automobile theft

prevention board created in section 42-5-112;

(II)  The licensing of mortgage loan originators and the registration of

mortgage companies in accordance with part 7 of article 10 of title 12;

(III)  The regulation of persons working in coal mines by the department of

natural resources through the coal mine board of examiners in accordance with article 22 of title 34;

(IV)  The Colorado state board of chiropractic examiners created in article

215 of title 12;

(V)  The registration of naturopathic doctors in accordance with article 250 of

title 12;

(VI)  Notwithstanding subsection (7)(a) of this section, the functions of the

boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;

(VII)  The regulation of preneed funeral contracts in accordance with article

15 of title 10;

(VIII)  The direct care workforce stabilization board created in article 7.5 of

title 8;

(IX)  The assistance program for disability benefits under article 88 of title 8;


(X)  The functions of the director of the division of professions and

occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.

(b)  This subsection (30) is repealed, effective September 1, 2031.


(31) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2030:

(I)  The functions of the division of insurance in the department of regulatory

agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;

(II)  The state board of accountancy created in article 100 of title 12;


(III)  The passenger tramway safety board created in section 12-150-104;


(IV)  The functions of professional review committees specified in article 30

of title 12;

(V)  The licensing of occupational therapists and occupational therapy

assistants in accordance with article 270 of title 12;

(VI)  The state board of pharmacy and the regulation of the practice of

pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;

(VII)  The functions of the circular economy development center created in

section 25-17-602;

(VIII)  Human trafficking prevention training pursuant to section 24-33.5-523;


(IX)  The veterans one-stop center, known as the western region one

source, established pursuant to section 28-5-713;

(X)  The Colorado produced water consortium created in section 34-60-135

(2)(a);

(XI)  The functions of the banking board and the state bank commissioner

related to money transmitters specified in article 110 of title 11;

(XII)  The functions of the broadband office in administering the broadband

deployment grant program created in section 24-37.5-905;

(XIII)  The regulation of towing carriers by the public utilities commission

under part 4 of article 10.1 of title 40;

(XIV)  The HOA information and resource center created in section 12-10-801;


(XV)  The rural alcohol and substance abuse prevention and treatment

program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;

(XVI)  The motorcycle operator safety training program created in part 5 of

article 5 of title 43.

(b)  This subsection (31) is repealed, effective September 1, 2032.


(32) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2031:

(I)  The registration functions of the commissioner of agriculture specified in

article 27 of title 35;

(II)  The licensing of egg dealers in accordance with article 21 of title 35;


(III)  The water and wastewater facility operators certification board created

in section 25-9-103;

(IV)  The licensing of hearing aid providers by the division of professions and

occupations in accordance with article 230 of title 12;

(V)  The licensing of audiologists by the division of professions and

occupations in accordance with article 210 of title 12;

(VI)  The regulation of athletic trainers by the director of the division of

professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;

(VII)  The licensure of massage therapists by the director of the division of

professions and occupations in accordance with article 235 of title 12;

(VIII)  The board of real estate appraisers created in part 6 of article 10 of title

12;

(IX)  The regulation of conveyances and conveyance mechanics, contractors,

and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;

(X)  The Colorado prescription drug affordability review board created in

section 10-16-1402;

(XI)  The rule-making function of the executive director of the department of

early childhood pursuant to section 26.5-1-105 (1);

(XII)  Repealed.


(XIII)  The regulation of mortuary science professionals pursuant to parts 1, 4,

and 5 to 9 of article 135 of title 12;

(XIV)  The veterans assistance grant program created in section 28-5-712;


(XV)  The licensing of bingo and other games of chance through the secretary

of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.

(b)  This subsection (32) is repealed, effective September 1, 2033.


(33) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2032:

(I)  The state electrical board created in article 23 of title 12;


(II)  The workers' compensation classification appeals board created in article

55 of title 8;

(III)  The responsible gaming grant program created in section 44-30-1702;


(IV)  The regulation of the custom processing of meat animals by the

department of agriculture in accordance with article 33 of title 35;

(V)  The division of racing events, including the Colorado racing commission,

created in article 32 of title 44;

(VI)  The appointment of notaries public through the secretary of state in

accordance with part 5 of article 21 of this title 24;

(VII)  The Natural Medicine Health Act of 2022, article 170 of title 12;


(VIII)  The Colorado Natural Medicine Code, article 50 of title 44;


(IX)  The state plumbing board created in article 155 of title 12;


(X)  The licensing and regulation of persons by the department of agriculture

in accordance with article 36 of title 35.

(b)  This subsection (33) is repealed, effective September 1, 2034.


(34) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2033:

(I)  The issuance of permits for specific weather modification operations

through the executive director of the department of natural resources in accordance with article 20 of title 36;

(II)  The authority of the director of the division of workers' compensation to

impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;

(III)  The regulation of speech-language pathologists and speech-language

pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;

(IV)  The licensing of persons who practice acupuncture by the director of the

division of professions and occupations in accordance with article 200 of title 12;

(V)  The state board of veterinary medicine created in article 315 of title 12;


(VI)  The state board of optometry created in article 275 of title 12;


(VII)  The division of gaming created in part 2 of article 30 of title 44;


(VIII)  The closed landfill remediation grant program and the closed landfill

remediation grant program advisory committee created in section 30-20-124;

(IX)  The regulation of nontransplant tissue banks by the director of the

division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;

(X)  The state board of licensure for architects, professional engineers, and

professional land surveyors in the department of regulatory agencies created in section 12-120-103;

(XI)  The division of financial services created in article 44 of title 11;


(XII)  The division of banking and the banking board created in article 102 of

title 11;

(XIII)  The behavioral health first aid training program created in section 25-1.5-113.5.


(b)  This subsection (34) is repealed, effective September 1, 2035.


(35) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2034:

(I)  The regulation of produce safety on farms by the commissioner of

agriculture in accordance with article 77 of title 35;

(II)  The licensing and regulation of psychiatric technicians by the state board

of nursing in accordance with article 295 of title 12;

(III)  The licensing of public livestock markets in accordance with article 55 of

title 35;

(IV)  The air quality enterprise created by section 25-7-103.5;


(V)  The regulation of the application of pesticides by the commissioner of

agriculture in accordance with article 10 of title 35;

(VI)  The regulation of outfitters by the director of the division of professions

and occupations in accordance with article 145 of title 12;

(VII)  The functions of the department of public health and environment

regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;

(VIII)  The Colorado dental board created in article 220 of title 12.


(b)  This subsection (35) is repealed, effective September 1, 2036.


(36) (a)  The following agencies, functions, or both are scheduled for repeal

on September 1, 2035:

(I)  The licensing and regulation of respiratory therapists by the division of

professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;

(II)  The functions specified in part 2 of article 19 of title 5 of the

administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;

(III)  The regulation of private occupational schools and their agents under

article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;

(IV)  The licensing of physical therapists by the physical therapy board in

accordance with part 1 of article 285 of title 12;

(V)  The certification of physical therapist assistants by the physical therapy

board in accordance with part 2 of article 285 of title 12;

(VI)  The underfunded courthouse facility cash fund commission created in

part 3 of article 1 of title 13.

(b)  This subsection (36) is repealed, effective September 1, 2037.


(37) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2036:

(I)  The accreditation of health-care providers under the workers'

compensation system in accordance with section 8-42-101 (3.5) and (3.6);

(II)  The Colorado fraud investigators unit created in part 17 of article 33.5 of

this title 24.

(b)  This subsection (37) is repealed, effective September 1, 2038.


(38) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2037:

(I)  The Colorado resiliency office created in section 24-32-121 and the

functions of the office described in section 24-32-122.

(b)  This subsection (38) is repealed, effective September 1, 2039.


Source: For source information prior to 2016, go to

https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, � 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, � 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, � 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, � 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, � 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, � 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, � 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, � 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, � 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, � 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, � 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, � 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, � 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, � 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, � 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, � 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, � 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, � 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, � 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, � 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, � 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, � 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, � 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, � 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, � 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, � 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, � 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, � 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, � 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, � 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, � 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, � 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, � 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, � 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, � 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, � 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, �� 3, 8, (SB17-294), ch. 264, p. 1418,� 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, � 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, � 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, � 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, � 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, � 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, � 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, � 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, � 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, � 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, � 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, � 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, � 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, � 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, � 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, � 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, � 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, � 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, � 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, � 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, � 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, � 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, � 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, � 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, � 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, � 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, � 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, � 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, � 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, � 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, � 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, � 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, � 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, � 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, � 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, � 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, � 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, � 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, � 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, � 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, � 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, � 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, � 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, � 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, � 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, � 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, � 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, � 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, � 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, � 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, � 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, � 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, � 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, � 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, � 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, � 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, � 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, � 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, � 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, � 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, � 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, � 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, � 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, � 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, � 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, � 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, � 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, � 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, � 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, � 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, � 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, � 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, � 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, � 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, � 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, � 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, � 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, � 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, � 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, � 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, � 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, � 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, � 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, � 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, � 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, � 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, � 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, � 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, � 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, � 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, � 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, � 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, � 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, � 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, � 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, � 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, � 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, � 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, � 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, � 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, � 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, � 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, � 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, � 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, � 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, � 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, � 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, � 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, � 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, � 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, � 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, � 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, � 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, � 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, � 1, effective August 10; (23)(a)(XI) repe

C.R.S. § 24-71-101

24-71-101. Electronic signatures - construction with other laws. (1) As used in this article, electronic signature means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(2)  In any written communication in which a signature is required or used, any

party to the communication may affix a signature by use of an electronic signature that complies with the requirements of article 71.3 of this title for electronic signatures.

(3)  The use or acceptance of an electronic signature shall be at the option of

the parties. Nothing in this section shall require any person to use or permit the use of an electronic signature.

(4)  In the event of any conflict between article 71.3 of this title and this

article, said article 71.3 shall control, but only to the extent of such conflict.

Source: L. 99: Entire article added, p. 1125, � 1, effective July 1; entire section

amended, p. 1346, � 2, effective July 1. L. 2002: (1) and (2) amended and (4) added, p. 856, � 2, effective May 30.

ARTICLE 71.1

Government Electronic Transactions

24-71.1-101 to 24-71.1-110. (Repealed)


Source: L. 2002: Entire article repealed, p. 857, � 3, effective May 30.


Editor's note: This article was added in 1999. For amendments to this article

prior to its repeal in 2002, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 71.3

Uniform Electronic Transactions Act

24-71.3-101.  Short title. This article shall be known and may be cited as the

Uniform Electronic Transactions Act.

Source: L. 2002: Entire article added, p. 845, � 1, effective May 30.


24-71.3-102.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Agreement means the bargain of the parties in fact, as found in their

language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(2)  Automated transaction means a transaction conducted or performed, in

whole or in part, by electronic means or electronic records in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

(3)  Computer program means a set of statements or instructions to be

used directly or indirectly in an information processing system in order to bring about a certain result.

(4)  Contract means the total legal obligation resulting from the parties'

agreement as affected by this article and other applicable law.

(5)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(6)  Electronic agent means a computer program or an electronic or other

automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.

(7)  Electronic record means a record created, generated, sent,

communicated, received, or stored by electronic means.

(8)  Electronic signature means an electronic sound, symbol, or process

attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(9)  Governmental agency means an executive agency, department, board,

commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(10)  Information means data, text, images, sounds, codes, computer

programs, software, databases, or the like.

(11)  Information processing system means an electronic system for

creating, generating, sending, receiving, storing, displaying, or processing information.

(12)  Person means an individual, corporation, business trust, estate, trust,

partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(13)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(14)  Security procedure means a procedure employed for the purpose of

verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

(15)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state.

(16)  Transaction means an action or set of actions occurring between two

or more persons relating to the conduct of business, commercial, charitable, or governmental affairs. For the purpose of this article, transaction shall not mean any ballot cast in any election or any petition related to any department, board, commission, authority, institution, or instrumentality of the state or any county, municipality, or of their political subdivisions, or any of their instrumentalities.

Source: L. 2002: Entire article added, p. 845, � 1, effective May 30.


24-71.3-103.  Scope. (1)  Except as otherwise provided in subsection (2) of

this section, this article applies to electronic records and electronic signatures relating to a transaction.

(2)  This article does not apply to a transaction to the extent it is governed by:


(a)  A law governing the creation and execution of wills, codicils, or

testamentary trusts;

(b)  The Uniform Commercial Code, title 4, C.R.S., other than section 4-1-306, C.R.S., and articles 2 and 2.5 of title 4, C.R.S.


(3)  Additional exceptions. This article shall not apply to:


(a)  Court orders or notices or official court documents, including briefs,

pleadings, and other writings, required to be executed in connection with court proceedings;

(b)  Any notice of:


(I)  The cancellation or termination of utility services, including water, heat,

and power;

(II)  Default, acceleration, repossession, foreclosure, or eviction, or the right

to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual, provided that nothing in this subparagraph (II) shall prohibit any record related to a foreclosure from being sent or received in electronic form or by electronic means between the owner of an evidence of debt or the attorney for such owner and the office of a public trustee or sheriff, nor shall anything in this subparagraph (II) prohibit the office of a public trustee or sheriff from receiving or storing any record related to a foreclosure in electronic form or by electronic means;

(III)  The cancellation or termination of health insurance or benefits or life

insurance benefits, excluding annuities; or

(IV)  Recall of a product, or material failure of a product, that risks

endangering health or safety; or

(c)  Any document required to accompany any transportation or handling of

hazardous materials, pesticides, or other toxic or dangerous materials.

(4)  This article applies to an electronic record or electronic signature

otherwise excluded from the application of this article under subsection (2) of this section to the extent it is governed by a law other than those specified in said subsection (2).

(5)  A transaction subject to this article is also subject to other applicable

substantive law.

(6) (a)  This article is not intended to limit, modify, or supercede the

requirements of section 101 (d), 101 (e), 102 (c), 103 (a), or 103 (b) of the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 (d), 7001 (e), 7002 (c), 7003 (a), and 7003 (b).

(b)  The consumer disclosures contained in section 101 (c) of the federal

Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 (c), are incorporated by reference and shall also apply to intrastate transactions.

Source: L. 2002: Entire article added, p. 847, � 1, effective May 30. L. 2005:

(3)(b)(II) amended, p. 397, � 1, effective August 8. L. 2006: (2)(b) amended, p. 505, � 54, effective September 1.

24-71.3-104.  Prospective application. This article applies to any electronic

record or electronic signature created, generated, sent, communicated, received, or stored on or after May 30, 2002.

Source: L. 2002: Entire article added, p. 848, � 1, effective May 30.


24-71.3-105.  Use of electronic records and electronic signatures - variation

by agreement. (1) This article does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(2)  This article applies only to transactions between parties each of which

has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

(3)  A party that agrees to conduct a transaction by electronic means may

refuse to conduct other transactions by electronic means. The right granted by this subsection (3) may not be waived by agreement.

(4)  Except as otherwise provided in this article, the effect of any of its

provisions may be varied by agreement. The presence in certain provisions of this article of the words unless otherwise agreed, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(5)  Whether an electronic record or electronic signature has legal

consequences is determined by this article and other applicable law.

Source: L. 2002: Entire article added, p. 848, � 1, effective May 30.


24-71.3-106.  Construction and application. (1)  This article must be

construed and applied:

(a)  To facilitate electronic transactions consistent with other applicable law;


(b)  To be consistent with reasonable practices concerning electronic

transactions and with the continued expansion of those practices; and

(c)  To effectuate its general purpose to make uniform the law with respect

to the subject of this article among states enacting it.

Source: L. 2002: Entire article added, p. 849, � 1, effective May 30.


24-71.3-107.  Legal recognition of electronic records, electronic signatures,

and electronic contracts. (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(2)  A contract may not be denied legal effect or enforceability solely

because an electronic record was used in its formation.

(3)  If a law requires a record to be in writing, an electronic record satisfies

the law.

(4)  If a law requires a signature, an electronic signature satisfies the law.


Source: L. 2002: Entire article added, p. 849, � 1, effective May 30.


24-71.3-108.  Provision of information in writing - presentation of records.

(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(2)  If a law other than this article requires a record to be posted or displayed

in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:

(a)  The record must be posted or displayed in the manner specified in the

other law.

(b)  Except as otherwise provided in paragraph (b) of subsection (4) of this

section, the record must be sent, communicated, or transmitted by the method specified in the other law.

(c)  The record must contain the information formatted in the manner

specified in the other law.

(3)  If a sender inhibits the ability of a recipient to store or print an electronic

record, the electronic record is not enforceable against the recipient.

(4)  The requirements of this section may not be varied by agreement, but:


(a)  To the extent a law other than this article requires information to be

provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(b)  A requirement under a law other than this article to send, communicate,

or transmit a record by first-class mail, postage prepaid, or regular United States mail may be varied by agreement to the extent permitted by the other law.

Source: L. 2002: Entire article added, p. 849, � 1, effective May 30.


24-71.3-109.  Attribution and effect of electronic record and electronic

signature. (1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(2)  The effect of an electronic record or electronic signature attributed to a

person under subsection (1) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

Source: L. 2002: Entire article added, p. 850, � 1, effective May 30.


24-71.3-110.  Effect of change or error. (1)  If a change or error in an

electronic record occurs in a transmission between parties to a transaction, the following rules apply:

(a)  If the parties have agreed to use a security procedure to detect changes

or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

(b)  In an automated transaction involving an individual, the individual may

avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(I)  Promptly notifies the other person of the error and that the individual did

not intend to be bound by the electronic record received by the other person;

(II)  Takes reasonable steps, including steps that conform to the other

person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(III)  Has not used or received any benefit or value from the consideration, if

any, received from the other person.

(c)  If neither paragraph (a) nor paragraph (b) of this subsection (1) applies,

the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.

(d)  Paragraphs (b) and (c) of this subsection (1) may not be varied by

agreement.

Source: L. 2002: Entire article added, p. 850, � 1, effective May 30.


24-71.3-111.  Notarization and acknowledgment. If a law requires a signature

or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

Source: L. 2002: Entire article added, p. 851, � 1, effective May 30.


24-71.3-112.  Retention of electronic records - originals. (1)  If a law requires

that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:

(a)  Accurately reflects the information set forth in the record after it was

first generated in its final form as an electronic record or otherwise; and

(b)  Remains accessible for later reference.


(2)  A requirement to retain a record in accordance with subsection (1) of this

section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.

(3)  A person may satisfy subsection (1) of this section by using the services

of another person if the requirements of said subsection (1) are satisfied.

(4)  If a law requires a record to be presented or retained in its original form,

or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (1) of this section.

(5)  If a law requires retention of a check, that requirement is satisfied by

retention of an electronic record of the information on the front and back of the check in accordance with subsection (1) of this section.

(6)  A record retained as an electronic record in accordance with subsection

(1) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes unless a law enacted after May 30, 2002, specifically prohibits the use of an electronic record for the specified purpose.

(7)  This section does not preclude a governmental agency of this state from

specifying additional requirements for the retention of a record subject to the agency's jurisdiction.

Source: L. 2002: Entire article added, p. 851, � 1, effective May 30.


24-71.3-113.  Admissibility in evidence. In a proceeding, evidence of a record

or signature may not be excluded solely because it is in electronic form.

Source: L. 2002: Entire article added, p. 852, � 1, effective May 30.


24-71.3-114.  Automated transaction. (1)  In an automated transaction, the

following rules apply:

(a)  A contract may be formed by the interaction of electronic agents of the

parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.

(b)  A contract may be formed by the interaction of an electronic agent and

an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and that the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

(c)  The terms of the contract are determined by the substantive law

applicable to it.

Source: L. 2002: Entire article added, p. 852, � 1, effective May 30.


24-71.3-115.  Time and place of sending and receipt. (1)  Unless otherwise

agreed between the sender and the recipient, an electronic record is sent when it:

(a)  Is addressed properly or otherwise directed properly to an information

processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(b)  Is in a form capable of being processed by that system; and


(c)  Enters an information processing system outside the control of the

sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient.

(2)  Unless otherwise agreed between a sender and the recipient, an

electronic record is received when:

(a)  It enters an information processing system that the recipient has

designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(b)  It is in a form capable of being processed by that system.


(3)  Subsection (2) of this section applies even if the place the information

processing system is located is different from the place the electronic record is deemed to be received under subsection (4) of this section.

(4)  Unless otherwise expressly provided in the electronic record or agreed

between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection (4), the following rules apply:

(a)  If the sender or recipient has more than one place of business, the place

of business of that person is the place having the closest relationship to the underlying transaction.

(b)  If the sender or the recipient does not have a place of business, the place

of business is the sender's or recipient's residence, as the case may be.

(5)  An electronic record is received under subsection (2) of this section even

if no individual is aware of its receipt.

(6)  Receipt of an electronic acknowledgment from an information processing

system described in subsection (2) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(7)  If a person is aware that an electronic record purportedly sent under

subsection (1) of this section or purportedly received under subsection (2) of this section was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection (7) may not be varied by agreement.

Source: L. 2002: Entire article added, p. 852, � 1, effective May 30.


24-71.3-116.  Transferable records. (1)  In this section, transferable record

means an electronic record that:

(a)  Would be a note under article 3 of the Uniform Commercial Code, title

4, C.R.S., if the electronic record were in writing; and

(b)  The issuer of the electronic record expressly has agreed is a transferable

record.

(2)  A person has control of a transferable record if a system employed for

evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(3)  A system satisfies subsection (2) of this section, and a person is deemed

to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(a)  A single authoritative copy of the transferable record exists that is

unique, identifiable, and, except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (3), unalterable;

(b)  The authoritative copy identifies the person asserting control as:


(I)  The person to which the transferable record was issued; or


(II)  If the authoritative copy indicates that the transferable record has been

transferred, the person to which the transferable record was most recently transferred;

(c)  The authoritative copy is communicated to and maintained by the person

asserting control or its designated custodian;

(d)  Copies or revisions that add or change an identified assignee of the

authoritative copy can be made only with the consent of the person asserting control;

(e)  Each copy of the authoritative copy and any copy of a copy is readily

identifiable as a copy that is not the authoritative copy; and

(f)  Any revision of the authoritative copy is readily identifiable as authorized

or unauthorized.

(4)  Except as otherwise agreed, a person having control of a transferable

record is the holder, as defined in section 4-1-201 (b)(20), C.R.S., of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, title 4, C.R.S., including, if the applicable statutory requirements under section 4-3-302 (a) or 4-9-308, C.R.S., are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection (4).

(5)  Except as otherwise agreed, an obligor under a transferable record has

the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code, title 4, C.R.S.

(6)  If requested by a person against which enforcement is sought, the person

seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

Source: L. 2002: Entire article added, p. 853, � 1, effective May 30. L. 2006:

(1)(a) and (4) amended, p. 505, � 55, effective September 1.

24-71.3-117.  Creation and retention of electronic records by political

subdivisions. Each department, board, commission, authority, institution, or instrumentality of the state, in accordance with the policies, standards, and guidelines set forth by the office of information technology, may determine whether, and the extent to which, such department, board, commission, authority, institution, or instrumentality shall create and retain electronic records and convert written records to electronic records. A county, municipality, or other political subdivision, or any of their instrumentalities, shall have the general power, in relation to the administration of the affairs of a county, municipality, or other political subdivision, or any of their instrumentalities, to determine the extent to which it will create and retain electronic records and electronic signatures.

Source: L. 2002: Entire article added, p. 855, � 1, effective May 30. L. 2006:

Entire section amended, p. 1736, � 24, effective June 6.

24-71.3-118.  Acceptance and distribution of electronic records by

governmental agencies. (1) Except as otherwise provided in section 24-71.3-112 (6), each department, board, commission, authority, institution, or instrumentality of the state in consultation with the office of information technology, created in section 24-37.5-103, and the state archivist and in accordance with policies, standards, and guidelines set forth by the office may determine the extent to which such department, board, commission, authority, institution, or instrumentality shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. A county, municipality, or other political subdivision, or any of their instrumentalities, shall have the general power, in relation to the administration of the affairs of a county, municipality, or of their political subdivision, or any of their instrumentalities, to determine the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(2)  (Deleted by amendment, L. 2007, p. 916, � 14, effective May 17, 2007.)


(3)  Except as otherwise provided in section 24-71.3-112 (6), this article does

not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.

(4)  Repealed.


Source: L. 2002: Entire article added, p. 855, � 1, effective May 30. L. 2003:

(1) amended and (2) RC&RE, p. 2642, �� 1, 2, effective January 1, 2004. L. 2007: (1) and (2) amended, p. 916, � 14, effective May 17.

Editor's note: Subsection (4) provided for the repeal of subsections (2) and

(4), effective December 31, 2002, unless the secretary of state certified that the secretary of state had received gifts, grants, or donations equaling at least two hundred thousand dollars to pay for the developmental costs associated with the implementation of House Bill 02-1326 by December 1, 2002. (See L. 2002, p. 855.) As of December 1, 2002, the secretary of state did not so certify. Subsection (2) was subsequently recreated in 2003 and deleted by amendment in 2007.

24-71.3-119.  Interoperability. The office of information technology, created

in section 24-37.5-103, may, in adopting policies, standards, and guidelines pursuant to section 24-71.3-118, encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those policies, standards, and guidelines may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.

Source: L. 2002: Entire article added, p. 856, � 1, effective May 30. L. 2003:

Entire section amended, p. 2643, � 3, effective January 1, 2004. L. 2007: Entire section amended, p. 916, � 15, effective May 17.

24-71.3-120.  Severability clause. If any provision of this article or its

application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are hereby expressly declared to be severable.

Source: L. 2002: Entire article added, p. 856, � 1, effective May 30.


24-71.3-121.  Construction with other laws. In the event of any conflict

between article 71 of this title and this article, this article shall control, but only to the extent of such conflict.

Source: L. 2002: Entire article added, p. 856, � 1, effective May 30.

ARTICLE 71.5

Uniform Electronic Legal Material Act

Editor's note: Section 24-71.5-112 provides that the operative effective date

of this article is March 31, 2014.

24-71.5-101.  Short title. This article may be cited as the Uniform Electronic

Legal Material Act.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 501, � 1,

effective August 8.

24-71.5-102.  Definitions. In this article:


(1)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2)  Legal material means, whether or not in effect:


(a)  The constitution of this state;


(b)  The session laws of Colorado;


(c)  The Colorado Revised Statutes; and


(d)  A state agency rule promulgated in accordance with article 4 of this title.


(3)  Official publisher means:


(a)  For the constitution of this state, the general assembly;


(b)  For the session laws of Colorado, the general assembly;


(c)  For the Colorado Revised Statutes, the general assembly; and


(d)  For a rule published in the code of Colorado regulations, the secretary of

state.

(4)  Publish means to display, present, or release to the public, or cause to

be displayed, presented, or released to the public, by the official publisher.

(5)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(6)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 501, � 1,

effective August 8.

24-71.5-103.  Applicability. This article applies to all legal material in an

electronic record that is designated as official under section 24-71.5-104 and first published electronically on or after March 31, 2014.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 502, � 1,

effective August 8.

24-71.5-104.  Legal material in official electronic record. (1)  If an official

publisher publishes legal material only in an electronic record, the publisher shall:

(a)  Designate the electronic record as official; and


(b)  Meet the requirements of sections 24-71.5-105, 24-71.5-107, and 24-71.5-108.


(2)  An official publisher that publishes legal material in a record other than

an electronic record may designate an electronic record as official if the requirements of sections 24-71.5-105, 24-71.5-107, and 24-71.5-108 are met.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 502, � 1,

effective August 8.

24-71.5-105.  Authentication of official electronic record. An official

publisher of legal material in an electronic record that is designated as official under section 24-71.5-104 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 502, � 1,

effective August 8.

24-71.5-106.  Effect of authentication. (1)  Legal material in an electronic

record that is authenticated under section 24-71.5-105 is presumed to be an accurate copy of the legal material.

(2)  If another state has adopted an act substantially similar to this article,

legal material in an electronic record designated as official and authenticated by that state is presumed to be an accurate copy of that legal material.

(3)  A party contesting the authentication of legal material has the burden of

proving by a preponderance of the evidence that the legal material is not authentic.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 503, � 1,

effective August 8.

24-71.5-107.  Preservation of legal material in official electronic record. (1)

An official publisher of legal material in an electronic record that is or was designated as official under section 24-71.5-104 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.

(2)  If legal material is preserved in an electronic record, the official publisher

shall:

(a)  Ensure the integrity of the record;


(b)  Provide for backup and disaster recovery of the record; and


(c)  Ensure the continuing usability of the material.


Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 503, � 1,

effective August 8.

24-71.5-108.  Public access to legal material in official electronic record. An

official publisher of legal material in an electronic record that must be preserved under section 24-71.5-107 shall ensure that the material is reasonably available for use by the public on a permanent basis.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 503, � 1,

effective August 8.

24-71.5-109.  Standards. (1)  In implementing this article, an official publisher

of legal material shall consider:

(a)  Standards and practices of other jurisdictions;


(b)  The most recent standards regarding authentication of, preservation and

security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;

(c)  The needs of users of legal material in an electronic record;


(d)  The views of governmental officials and entities and other interested

persons; and

(e)  To the extent practicable, the use of methods and technologies for the

authentication of, preservation and security of, and public access to, legal material that are in harmony and compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted this article.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 503, � 1,

effective August 8.

24-71.5-110.  Uniformity of application and construction. In applying and

construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 504, � 1,

effective August 8.

24-71.5-111.  Relation to electronic signatures in global and national

commerce act. This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b).

Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 504, � 1,

effective August 8.

24-71.5-112.  Effective date. This article takes effect on March 31, 2014.


Source: L. 2012: Entire article added, (HB 12-1209), ch. 138, p. 504, � 1,

effective August 8.

ARTICLE 71.7

Electronic Filing of Government Documents

24-71.7-101.  Governmental entities - report to general assembly on

electronic filings - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Committee means the joint technology committee created in section 2-3-1702.


(b)  Department means a principal department of the state as set forth in

section 24-1-110.

(c)  Office means the office of information technology created in section

24-37.5-103.

(2)  On or before October 15, 2021, the office, in partnership with each

department, shall file a report with the committee concerning each department's electronic filing capacity. The report must include, at a minimum, the following information:

(a)  What proportion of the documents required or allowed to be filed with the

department, including each division, board, office, or other subdivision within the department, can currently be filed electronically;

(b)  What actions would be required to allow at least eighty percent of the

documents allowed or required to be filed with the department to be filed electronically, including the estimated costs associated with such actions;

(c)  Any obstacles the office or the department would face implementing

electronic filing for at least eighty percent of the documents allowed or required to be filed with the department; and

(d)  Any additional information or considerations affecting the ability of the

office or the department to increase the number and type of filings the department can accept electronically.

(3)  On or before October 15, 2021, the governing body of each county and

city and county shall file a report with the committee concerning the county's electronic filing capacity. The report must include, at a minimum, the following information:

(a)  What proportion of the documents required or allowed to be filed with the

county, including each department, division, agency, board, office, or other subdivision of the county, can currently be filed electronically;

(b)  What actions would be required to allow at least eighty percent of the

documents allowed or required to be filed with the county to be filed electronically, including the estimated costs associated with such actions;

(c)  Any obstacles the county would face implementing electronic filing for at

least eighty percent of the documents allowed or required to be filed with the county; and

(d)  Any additional information or considerations affecting the county's ability

to increase the number and type of filings the county can accept electronically.

Source: L. 2021: Entire article added, (HB 21-1100), ch. 215, p. 1138, � 2,

effective September 7.

Cross references: For the legislative declaration in HB 21-1100, see section 1

of chapter 215, Session Laws of Colorado 2021.

PUBLIC (OPEN) RECORDS

ARTICLE 72

Public Records

PART 1

RESTORATION AND EVIDENCE

C.R.S. § 24-77-102

24-77-102. Definitions. As used in this article 77, unless the context otherwise requires:

(1) (a)  Collections for another government means any revenue that is

collected by the state for the benefit and use of another government other than the state and passed through to that government other than the state for the benefit of and use by that government.

(b)  For state fiscal years commencing on or after July 1, 2023,

notwithstanding the definition of collections for another government in subsection (1)(a) of this section, the only revenues collected by the state for the benefit and use of another government other than the state and passed through to that government other than the state for the benefit of and use by that government that qualify as collections for another government without further identification by the general assembly are revenues collected pursuant to:

(I)  The authority of the government for whose benefit the state collects the

revenue;

(II)  The authority of the state and apportioned to another government in

connection with that government forgoing the imposition of certain taxes and collecting the corresponding tax revenue; or

(III)  A constitutional requirement that the state collect the revenue for the

benefit of another government.

(c)  Collections for another government, with respect to revenue that is

collected in accordance with subsection (1)(b)(II) of this section, includes the revenue from the gross state cigarette tax, as defined in section 39-22-623 (1)(a)(II)(A), collected by the state pursuant to article 28 of title 39, and passed through by direct distribution to any government other than the state pursuant to sections 24-22-118 and 39-22-623.

(d)  Collections for another government, with respect to revenue that is

collected in accordance with subsection (1)(b)(III) of this section, includes the limited gaming tax revenues that are collected by the state pursuant to section 9 (5)(a) of article XVIII of the state constitution and section 44-30-601 and passed through by direct distribution only, and not through grants, to any government other than the state pursuant to section 9 (5)(b)(II) and (5)(b)(III) of article XVIII of the state constitution and sections 44-30-701 (1)(d)(II) to (1)(d)(IV), 44-30-1201 (1), and 44-30-1202.

(2)  Damage award means any pecuniary compensation received by the

state as a result of:

(a)  Any judgment or allowance in favor of the state; and


(b)  For state fiscal years commencing on or after July 1, 2024:


(I)  A civil monetary penalty assessed by the department of health care policy

and financing pursuant to section 25.5-6-205;

(II)  A civil monetary penalty imposed by the division of administration of the

department of public health and environment pursuant to section 25-8-608;

(III)  A monetary penalty imposed by the energy and carbon management

commission pursuant to section 34-60-121 (1);

(IV)  A monetary fine or penalty collected by the division of administration of

the department of public health and environment pursuant to section 25-7-115, 25-7-122, or 25-7-123 and deposited in the community impact cash fund created in section 25-7-129 or in the motor vehicle emissions assistance fund created in section 25-7-129.5; and

(V)  A monetary penalty collected by the division of labor standards and

statistics of the department of labor and pursuant to section 8-1-114.

(3)  Enterprise means a government-owned business:


(a)  Which has authority to issue its own revenue bonds; and


(b)  Which receives less than ten percent of its annual revenues in grants

from all state and local governments in Colorado combined.

(4)  Expenditure means the appropriation or disbursement of any state

general fund or cash fund moneys for any expense incurred by the state.

(5)  Federal funds means any pecuniary resources received by the state

from the national government of the United States.

(6)  Gift means something of value which is given to the state voluntarily by

any person or entity, regardless of whether such person or entity specifies the purpose or purposes for which such thing of value is to be used. Gift includes, but is not limited to, voluntary contributions received by the state as a result of any state voluntary contribution program established pursuant to article 22 of title 39, C.R.S. Gift does not include federal funds or any pecuniary compensation received by the state from any other governmental entity.

(7) (a)  Grant means any direct cash subsidy or other direct contribution of

money from the state or any local government in Colorado which is not required to be repaid.

(b)  Grant does not include:


(I)  Any indirect benefit conferred upon an enterprise from the state or any

local government in Colorado;

(II)  Any revenues resulting from rates, fees, assessments, or other charges

imposed by an enterprise for the provision of goods or services by such enterprise;

(III)  Any federal funds, regardless of whether such federal funds pass

through the state or any local government in Colorado prior to receipt by an enterprise;

(IV)  Any moneys received by the division of parks and wildlife, created in

section 33-9-104, from the great outdoors Colorado trust fund established in section 2 of article XXVII of the state constitution;

(V)  Any revenues received by the division of brand inspection created in

section 24-1-123 (4)(g)(I).

(8)  Inflation means the percentage change in the consumer price index for

the Denver-Boulder consolidated metropolitan statistical area for all urban consumers, all goods, as published by the United States department of labor, bureau of labor statistics, or its successor index.

(9)  Pension contributions by employees means the amount contributed by

state employees to the retirement plans of such employees.

(10)  Pension fund earnings means the amount which is earned from the

investment of moneys set apart for the payment of retirement income for state employees.

(11)  Property sale means:


(a)  (Deleted by amendment, L. 2025.)


(b)  Any contract resulting in the payment of pecuniary compensation to the

state for permitting another to exploit, use, or market nonrenewable natural resources which are located on real property owned by the state and which are subject to depletion with use; or

(c)  For state fiscal years commencing on or after July 1, 2024, a transfer of

rights in tangible or intangible property, excluding leasehold interests, in which or to which the state has rights protected by law from the state to any party for consideration. Such a transfer of rights includes:

(I)  Merchandise sales at the History Colorado Center;


(II)  Merchandise sales at state historical society museums other than the

History Colorado Center;

(III)  Sales of supplies related to agricultural inspections;


(IV)  Sales of supplies related to wildfire equipment repair;


(V)  Sales of supplies related to pesticide inspections;


(VI)  Sales related to the correctional education program established in

section 17-32-105;

(VII)  Sales related to the business enterprise program created in part 2 of

article 84 of title 8;

(VIII)  Non-concession sales at the Colorado state fair; and


(IX)  The sale of wine for promotional purposes by the Colorado wine industry

development board, created in article 29.5 of title 35.

(12)  Reserve means any unrestricted general fund or cash fund year-end

balance which is held by the state to meet any needs or demands.

(13)  Reserve increase means any action which has the effect of increasing

a reserve.

(14)  Reserve transfers or expenditures means moneys which are passed

from one fund of cash or assets held by the state as a reserve to another such fund or moneys which are disbursed from such fund.

(15) (a)  Special purpose authority means any entity that is created

pursuant to state law to serve a valid public purpose, which is either a political subdivision of the state or an instrumentality of the state, which is not an agency of the state, and which is not subject to administrative direction by any department, commission, bureau, or agency of the state.

(b)  Special purpose authority includes, but is not limited to:


(I)  The Colorado housing and finance authority created pursuant to section

29-4-704, C.R.S.;

(II)  The university of Colorado hospital authority created pursuant to section

23-21-503 (1), C.R.S.;

(III)  The Colorado water resources and power development authority created

pursuant to section 37-95-104 (1), C.R.S.;

(IV)  Pinnacol Assurance created pursuant to section 8-45-101, C.R.S.;


(V)  The Colorado educational and cultural facilities authority created

pursuant to section 23-15-104 (1), C.R.S.;

(VI)  The Colorado health facilities authority created pursuant to section 25-25-104 (1), C.R.S.;


(VII)  (Deleted by amendment, L. 2000, p. 1296, � 19, effective May 26, 2000.)


(VIII)  The Colorado agricultural development authority created pursuant to

section 35-75-104 (1), C.R.S.;

(IX)  The public employees' retirement association created pursuant to

section 24-51-201 (1);

(X)  The Denver health and hospital authority created pursuant to section 25-29-103 (1), C.R.S.;


(XI)  The Pueblo depot activity development authority created pursuant to

section 29-23-104, C.R.S.;

(XII) and (XIII)  Repealed.


(XIV)  The venture capital authority created in section 24-46-202;


(XV)  The statewide internet portal authority created pursuant to section 24-37.7-102, C.R.S.;


(XVI)  Repealed.


(XVII)  The Colorado channel authority created pursuant to article 49.9 of this

title;

(XVIII)  Repealed.


(XIX)  The Colorado electric transmission authority created in section 40-42-103 (1);


(XX)  The middle-income housing authority created in section 29-4-1104 (1);


(XXI)  The equal justice authority created in section 13-5.7-202; and


(XXII)  The building urgent infrastructure and leveraging dollars authority

created in section 24-117-104 (1).

(16) (a)  State means the central civil government of the state of Colorado,

which shall consist of the following:

(I)  The legislative, executive, and judicial branches of government

established by article III of the state constitution;

(II)  All organs of the branches of government specified in subparagraph (I) of

paragraph (a) of this subsection (16), including the departments of the executive branch; the legislative houses and agencies; and the appellate and trial courts and court personnel; and

(III)  State institutions of higher education.


(b)  State does not include:


(I)  Any enterprise;


(I.5)  An institution or group of institutions of higher education that has been

designated as an enterprise pursuant to section 23-5-101.7, C.R.S.;

(I.6)  An institution or group of institutions of higher education that has been

designated as an enterprise pursuant to section 23-5-101.8, C.R.S.;

(II)  Any special purpose authority;


(III)  Any organization declared to be a joint governmental entity under

section 2-3-311 (2), C.R.S.

(17) (a)  State fiscal year spending means all state expenditures and

reserve increases occurring during any given fiscal year as established by section 24-30-204, including, but not limited to, state expenditures or reserve increases from:

(I)  Moneys received by the state from enterprises; and


(II)  Cash funds of state institutions of higher education. For purposes of this

subparagraph (II), cash funds means funds received from tuition income, fees, indirect cost recoveries, and other sources of funds that can be appropriated as cash funds from state institutions of higher education, excepting those funds derived from gifts, federal funds, or other sources for which any expenditure or reserve increase is not subject to the provisions of section 20 of article X of the state constitution.

(III) and (IV)  (Deleted by amendment, L. 2000, p. 2044, � 6, effective

December 28, 2000.)

(b)  State fiscal year spending does not include reserve transfers or

expenditures or any state expenditures or reserve increases:

(I)  For refunds of excess state revenues made in the current fiscal year or in

the subsequent fiscal year;

(II)  From gifts, including any interest earned thereon;


(III)  From federal funds, including any interest earned thereon;


(IV)  From collections for another government;


(V)  From pension contributions by employees;


(VI)  From pension fund earnings;


(VII)  From damage awards, including any interest earned thereon;


(VIII)  From property sales, including any interest earned on proceeds

therefrom; and

(IX)  From net proceeds from state-supervised lottery games, as defined in

section 3 (1) of article XXVII of the state constitution.

Source: L. 93: Entire article added, p. 1496, � 1, effective June 6. L. 94:

(15)(b)(X) added, p. 671, � 3, effective April 19; (15)(b)(XI) added, p. 964, � 2, effective April 28. L. 98: (15)(b)(V) amended, p. 609, � 17, effective May 4. L. 99: (1) amended, p. 1235, � 1, effective August 4. L. 2000: (15)(b)(VII) amended, p. 1296, � 19, effective May 26; (16)(b)(III) added, p. 1674, � 2, effective June 1. Referred 2000: (17)(a) and (17)(b)(IX) amended, p. 2044, � 6, effective upon proclamation of the governor, December 28, 2000. L. 2001: (7)(b)(IV) added, p. 204, � 3, effective July 1; (15)(b)(XII) added, p. 1048, � 29, effective July 1. L. 2002: (15)(a) and (15)(b)(IV) amended, p. 1896, � 67, effective July 1. L. 2003: (15)(b)(XIII) added, p. 2551, � 10, effective June 5. L. 2004: (15)(b)(XIV) added, p. 28, � 7, effective March 4; (15)(b)(XV) added, p. 1673, � 2, effective June 3; (7)(b)(V) added, p. 645, � 3, effective July 1; (16)(b)(I.5) added, p. 722, � 12, effective July 1; (16)(b)(I.6) added, p. 1936, � 7, effective July 1. L. 2007: (15)(b)(XVI) added, p. 1172, � 2, effective May 23. L. 2008: (17)(a)(II) amended, p. 119, � 8, effective March 19. L. 2009: (15)(b)(XVII) added, (HB 09-1307), ch. 283, p. 1291, � 2, effective August 5. L. 2011: (7)(b)(IV) amended, (SB 11-208), ch. 293, p. 1383, � 5, effective July 1. L. 2012: (15)(b)(XVIII) added, (HB12-1224), ch. 168, p. 591, � 3, effective May 9; (15)(b)(XVI) repealed, (HB12-1315), ch. 224, p. 974, � 33, effective July 1. L. 2013: (15)(b)(XII) amended, (HB 13-1115), ch. 338, p. 1973, � 15, effective May 28. L. 2014: (15)(b)(XVIII) repealed, (SB 14-127), ch. 386, p. 1929, � 5, effective June 6. L. 2021: IP amended and (15)(b)(XIX) added, (SB 21-072), ch. 329, p. 2127, � 7, effective June 24. L. 2022: (15)(b)(XX) added, (SB 22-232), ch. 354, p. 2516, � 1, effective June 3. L. 2024: (1) amended, (HB 24-1469), ch. 359, p. 2440, � 2, effective June 3; (15)(b)(XIX) and (15)(b)(XX) amended and (15)(b)(XXI) added, (HB 24-1286), ch. 339, p. 2298, � 6, effective June 3. L. 2025: (2) and (11) amended, (SB 25-173), ch. 422, p. 2405, � 2, effective June 4; (2)(b)(IV) amended, (SB 25-321), ch. 387, p. 2179, � 9, effective June 4; (15)(b)(XX) and (15)(b)(XXI) amended and (15)(b)(XXII) added, (SB 25-081), ch. 320, p. 1690, � 4, effective August 6.

Editor's note: (1)  Subsections (17)(a) and (17)(b)(IX) were amended by Senate

Bill 00-084. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 7, 2000. Subsections (17)(a) and (17)(b)(IX) were effective upon the proclamation of the governor, December 28, 2000. The vote count for the measure was as follows:

FOR:  836,390


AGAINST:  783,275


(2)  Subsection (15)(b)(XIII)(B) provided for the repeal of subsection

(15)(b)(XIII), effective December 15, 2003, unless the state treasurer and the tobacco litigation settlement financing corporation entered into at least one property sale contract pursuant to article 82.5 of this title. No such contract had been entered into as of December 15, 2003. (See L. 2003, p. 2551.)

(3)  Subsection (16)(b)(I.6) was originally numbered as (16)(b)(I.5) in Senate

Bill 04-252 but has been renumbered on revision for ease of location.

(4)  Subsection (15)(b)(XII)(B) provided for the repeal of subsection (15)(b)(XII),

effective March 31, 2015. (See L. 2013, p. 1973.)

(5)  Section 10 of chapter 387 (SB 25-321), Session Laws of Colorado 2025,

provides that the act changing this section takes effect only if SB 25-173 becomes law and takes effect either upon the effective date of SB 25-321 or SB 25-173, whichever is later. SB 25-173 became law and both bills took effect June 4, 2025.

Cross references: (1)  For the legislative declaration contained in the 2004

act enacting subsection (15)(b)(XIV), see section 1 of chapter 11, Session Laws of Colorado 2004.

(2)  For the legislative declaration contained in the 2004 act enacting

subsection (16)(b)(I.5), see section 1 of chapter 215, Session Laws of Colorado 2004.

(3)  For the legislative declaration contained in the 2004 act enacting

subsection (16)(b)(I.6), see section 1 of chapter 391, Session Laws of Colorado 2004.

(4)  For the legislative declaration in SB 14-127, see section 1 of chapter 386,

Session Laws of Colorado 2014.

(5)  For the legislative declaration in HB 24-1469, see section 1 of chapter

359, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1286, see section 1 of chapter 339, Session Laws of Colorado 2024.

(6)  For the legislative declaration in SB 25-173, see section 1 of chapter 422,

Session Laws of Colorado 2025.

C.R.S. § 25-1-1202

25-1-1202. Index of statutory sections regarding medical record confidentiality and health information. (1) Statutory provisions concerning policies, procedures, and references to the release, sharing, and use of medical records and health information include the following:

(a)  Section 10-16-1003, C.R.S., concerning use of information by health-care

cooperatives;

(b)  Section 8-43-404, C.R.S., concerning examinations by a physician or

chiropractor for the purposes of workers' compensation;

(c)  Section 8-43-501, C.R.S., concerning utilization review related to workers'

compensation;

(d)  Section 8-73-108, C.R.S., concerning the award of benefits for

unemployment compensation benefits;

(e)  Section 10-3-1104.7, C.R.S., concerning the confidentiality and use of

genetic testing information;

(f)  Section 10-16-113, C.R.S., concerning the procedures related to the denial

of health benefits by an insurer;

(g)  Section 10-16-113.5, C.R.S., concerning the use of independent external

review when health benefits have been denied;

(h)  Section 10-16-423, C.R.S., concerning the confidentiality of medical

information in the custody of a health maintenance organization;

(i)  Section 12-290-113, concerning disciplinary actions against podiatrists;


(j)  Section 12-215-126, concerning confidential communications between a

licensed chiropractor and a patient;

(k)  Section 12-220-201, concerning disciplinary actions against dentists,

dental therapists, and dental hygienists;

(l)  Section 12-240-125, concerning disciplinary actions against physicians;


(m)  Section 12-240-139 (1), concerning reporting requirements for physicians

pertaining to certain injuries;

(n)  Section 12-30-204, concerning professional review committees for

health-care providers specified in part 2 of article 30 of title 12;

(o)  Section 12-30-205, concerning hospital professional review committees;


(p)  Section 13-22-704, concerning reporting requirements by physicians

related to abortions for minors;

(q)  Section 12-255-119, concerning disciplinary proceedings against a

practical nurse, a professional nurse, a certified midwife, or a psychiatric technician;

(r)  Section 12-245-220, concerning the disclosure of confidential

communications by a mental health professional;

(s)  Section 12-245-226 (4), concerning disciplinary proceedings against a

mental health professional;

(t)  Section 13-21-110, C.R.S., concerning confidentiality of information, data,

reports, or records of a utilization review committee of a hospital or other health-care facility;

(u)  Section 13-21-117, concerning civil liability of a mental health

professional, mental health hospital, or behavioral health safety net provider related to a duty to warn or protect;

(v)  Sections 13-22-101 to 13-22-106, C.R.S., concerning the age of

competence for certain medical procedures;

(w)  Section 13-64-502, C.R.S., concerning civil liability related to genetic

counseling and screening and prenatal care, or arising from or during the course of labor and delivery, or the period of postnatal care in a health institution;

(x)  Repealed.


(y)  Section 13-90-107 (1)(d), C.R.S., concerning when a physician, surgeon, or

registered professional nurse may testify related to the care and treatment of a person;

(z)  Section 14-10-124, C.R.S., concerning the best interests of a child for the

purposes of a separation or dissolution of marriage;

(aa)  Section 14-10-127, C.R.S., concerning the allocation of parental

responsibilities with respect to a child;

(bb)  Repealed.


(cc)  Section 18-3-203, concerning assault in the second degree and the

availability of medical testing for certain circumstances;

(dd)  Section 18-4-412, C.R.S., concerning theft of medical records or medical

information;

(ee)  Repealed.


(ee.5)  Section 18-18-406.3, C.R.S., concerning medical marijuana patient

records;

(ff)  Section 18-18-503, C.R.S., concerning cooperative agreements to control

substance abuse;

(gg)  Section 19-3-304, C.R.S., concerning persons required to report child

abuse or neglect;

(hh)  Section 19-3-305, C.R.S., concerning postmortem investigation related

to the death of a child;

(ii)  Section 19-3-306, C.R.S., concerning evidence of abuse or neglect of a

child;

(jj)  Section 19-5-103 (2), C.R.S., concerning relinquishment of rights

concerning a child;

(kk)  Section 19-5-305, C.R.S., concerning access to adoption records;


(ll)  Section 22-1-123 (5), C.R.S., concerning the protection of student data;


(mm)  Sections 22-32-109.1 (6) and 22-32-109.3 (2), C.R.S., concerning

specific powers and duties of the state board of education;

(nn)  Repealed.


(oo)  Section 24-51-213, C.R.S., concerning confidentiality of records

maintained by the public employees' retirement association;

(pp)  Section 24-72-204 (3), C.R.S., concerning public records not open to

public inspection;

(qq)  Section 25-1-122, concerning reporting of certain diseases and

conditions for investigation of epidemic and communicable diseases, morbidity and mortality, cancer in connection with the statewide cancer registry, environmental and chronic diseases, sexually transmitted infections, tuberculosis, and rabies and mammal bites by the department of public health and environment;

(rr)  Section 25-1-124 (2), concerning health-care facilities and reporting

requirements;

(ss)  Sections 27-81-110 and 27-81-113, C.R.S., concerning the treatment of

intoxicated persons;

(tt)  Section 25-1-801, concerning patient records in the care of a health-care

facility;

(uu)  Section 25-1-802, concerning patient records in the care of individual

health-care providers;

(vv)  Sections 27-81-109 and 27-81-113, concerning the treatment of persons

with substance use disorders;

(vv.5)  Section 25-1.5-106, concerning the medical marijuana program;


(ww)  Section 25-2-120, concerning reports of electroconvulsive treatment;


(xx)  Section 25-3-109, concerning quality management functions of health-care facilities licensed by the department of public health and environment;


(yy)  Section 25-3.5-501, concerning records maintained by ambulance

services and emergency medical service providers;

(zz)  Section 25-3.5-704 (2)(d) and (2)(f), concerning the designation of

emergency medical facilities and the statewide trauma system;

(aaa)  Sections 25-4-406 and 25-4-409, concerning the reporting of sexually

transmitted infections;

(bbb)  Section 25-4-1003, concerning newborn screening programs and

genetic counseling;

(ccc)  Repealed.


(ddd)  Section 25-4-1705, concerning immunization information;


(eee)  Section 25-4-1905, concerning records collected related to gulf war

syndrome;

(fff)  Section 25-32-106, concerning the release of medical information to a

poison control service provider;

(ggg)  Section 26-3.1-102 (2), C.R.S., concerning reporting requirements

related to at-risk adults;

(hhh)  Section 26-11.5-108, C.R.S., concerning the long-term ombudsman

program and access to medical records;

(iii)  Section 27-65-103 (2), C.R.S., concerning voluntary applications for

mental health services;

(jjj)  Sections 27-65-121 (2) and 27-65-122, C.R.S., concerning records related

to mental health services for minor children;

(kkk)  Section 30-10-606 (6), C.R.S., concerning postmortem investigations

and records;

(lll)  Section 35-9-109, C.R.S., concerning confidentiality of information

released to the commissioner of agriculture related to human exposure to pesticide applications;

(mmm)  Section 42-2-112, C.R.S., concerning information supplied to the

department of revenue for the purpose of renewing or obtaining a license to operate a motor vehicle; and

(nnn)  Section 12-280-406, concerning information entered into the

prescription drug monitoring program database.

Source: L. 2001: Entire part added, p. 829, � 5, effective August 8. L. 2002:

(1)(fff) amended, p. 428, � 6, effective July 1. L. 2003: (1)(ii) amended, p. 1997, � 46, effective May 22. L. 2004: (1)(k) amended, p. 857, � 3, effective July 1; (1)(a) amended, p. 1010, � 21, effective August 4. L. 2009: (1)(qq) and (1)(aaa) amended, (SB 09-179), ch. 112, p. 475, � 22, effective April 9. L. 2010: (1)(ss), (1)(vv), (1)(iii), and (1)(jjj) amended, (SB 10-175), ch. 188, p. 797, � 57, effective April 29; (1)(vv.5) added, (SB 10-109), ch. 356, p. 1696, � 2, effective June 7. L. 2011: (1)(ee.5) added, (HB 11-1043), ch. 266, p. 1215, � 29, effective July 1; (1)(nnn) added, (SB 11-192), ch. 230, p. 987, � 13, effective July 1. L. 2012: (1)(yy) amended, (HB 12-1059), ch. 271, p. 1437, � 18, effective July 1; (1)(nnn) amended, (HB 12-1311), ch. 281, p. 1627, � 69, effective July 1. L. 2013: (1)(ee) repealed, (HB 13-1154), ch. 372, p. 2192, � 3, effective July 1. L. 2016: (1)(aaa) amended and (1)(ccc) repealed, (SB 16-146), ch. 230, pp. 922, 914, �� 23, 3, effective July 1. L. 2017: (1)(vv) amended, (SB 17-242), ch. 263, p. 1323, � 183, effective May 25. L. 2018: (1)(p) amended, (SB 18-032), ch. 8, p. 150, � 2, effective October 1. L. 2019: (1)(j) and (1)(cc) amended and (1)(nn) repealed, (SB 19-241), ch. 390, p. 3471, � 35, effective August 2; (1)(i), (1)(j), (1)(k), (1)(l), (1)(m), (1)(n), (1)(o), (1)(q), (1)(r), (1)(s), and (1)(nnn) amended, (HB 19-1172), ch. 136, p. 1696, � 141, effective October 1. L. 2020: (1)(cc) amended, (HB 20-1402), ch. 216, p. 1052, � 49, effective June 30; (1)(vv) amended, (SB 20-007), ch. 286, p. 1415, � 48, effective July 13; (1)(k) amended, (HB 20-1056), ch. 64, p. 263, � 7, effective September 14. L. 2021: (1)(x) repealed, (SB 21-073), ch. 28, p. 120, � 2, effective January 1, 2022. L. 2022: (1)(k) amended, (SB 22-219), ch. 381, p. 2726, � 38, effective January 1, 2023; (1)(u) amended, (HB 22-1278), ch. 222, p. 1591, � 225, effective July 1, 2024. L. 2023: (1)(n) and (1)(q) amended, (SB 23-167), ch. 261, p. 1548, � 56, effective May 25; (1)(bb) repealed, (HB 23-1268), ch. 233, p. 1225, � 2, effective August 7.

Editor's note: Amendments to subsection (1)(j) by SB 19-241 and HB 19-1172

were harmonized.

Cross references: For the legislative declaration in the 2013 act repealing

subsection (1)(ee), see section 1 of chapter 372, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 25-15-603

25-15-603. Definitions - repeal. As used in this part 6, unless the context otherwise requires:

(1)  Adult mattress means a mattress product that is not a crib or a toddler

mattress.

(1.5)  Apparel means:


(a)  Clothing items intended for regular wear or formal occasions, including

athletic wear, bibs, bodysuits, costumes, dancewear, diapers, dresses, everyday swimwear, everyday work uniforms, footwear, formal wear, leggings, leisurewear, onesies, overalls, pants, saris, scarves, school uniforms, shirts, skirts, sports uniforms, suits, tops, undergarments, and vests; and

(b)  Outdoor apparel.


(1.7) (a)  Automotive cleaning product means a chemically formulated

consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.

(b)  Automotive cleaning product does not include automotive paint or paint

repair products.

(2)  Carpet or rug means a fabric product marketed or intended for use as a

floor covering in households or businesses.

(2.5) (a)  Cleaning product means a finished product used primarily for

domestic, commercial, or institutional cleaning purposes.

(b)  Cleaning product includes an air care product, an automotive cleaning

product, a general cleaning product, and a polish or floor maintenance product.

(3)  Consumer means the end user of a product.


(4) (a)  Cookware means a durable houseware product that is used in

residences or kitchens to prepare, dispense, or store food or beverages.

(b)  Cookware includes pots, pans, skillets, grills, baking sheets, baking

molds, trays, bowls, and cooking utensils.

(c)  Cookware does not include food equipment intended primarily for use in

commercial settings, including food equipment sold to a business that has a retail food establishment license.

(5) (a)  Cosmetic means a product that is intended to be rubbed or

introduced into; poured, sprinkled, or sprayed on; or otherwise applied to the human body for cleaning, cleansing, beautifying, promoting attractiveness, or altering the appearance.

(b)  Cosmetic includes a skin moisturizer, perfume, lipstick, nail polish, eye

or facial makeup preparation, shampoo, conditioner, permanent wave, hair dye, and deodorant.

(c)  Cosmetic does not include a product that requires a prescription for

distribution or dispensation.

(d) (I)  Cosmetic does not include hydrofluoroolefins used as propellants in

cosmetics.

(II)  This subsection (5)(d) is repealed, effective January 1, 2027.


(6)  Repealed.


(7)  Drilling fluid means a fluid that is circulated into the borehole of a well

to lubricate and cool the drill bit.

(8)  Repealed.


(9) (a)  Fabric treatment means a product applied to fabric to give the fabric

one or more characteristics, including stain resistance and water resistance.

(b) (I)  Fabric treatment does not include hydrofluoroolefins used as

propellants in fabric treatments.

(II)  This subsection (9)(b) is repealed, effective January 1, 2027.


(10)  Food package or food packaging means a package or packaging

component used in direct contact with food and that is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.

(11)  Hydraulic fracturing fluid means the fluid, including the applicable

base fluid and any additives, injected into an oil or gas well to perform hydraulic fracturing operations.

(12) (a)  Intentionally added PFAS chemicals means PFAS chemicals that a

manufacturer has intentionally added to a product and that have a functional or technical effect on the product.

(b)  Intentionally added PFAS chemicals includes PFAS chemicals that are

intentional breakdown products of an added chemical.

(13) (a)  Juvenile product means a product designed for use by infants or

children under twelve years of age.

(b)  Juvenile product includes:


(I)  Bassinets and other bedside sleepers;


(II)  Booster seats, car seats, and other child restraint systems;


(III)  Changing pads;


(IV)  Co-sleepers;


(V)  Crib or toddler mattresses;


(VI)  Floor play mats;


(VII)  Highchairs and highchair pads;


(VIII)  Infant bouncers;


(IX)  Infant carriers;


(X)  Infant or toddler foam pillows;


(XI)  Infant seats;


(XII)  Infant sleep positioners;


(XIII)  Infant swings;


(XIV)  Infant travel beds;


(XV)  Infant walkers;


(XVI)  Nap cots;


(XVII)  Nursing pads and pillows;


(XVIII)  Play mats;


(XIX)  Playpens;


(XX)  Play yards;


(XXI)  Polyurethane foam mats, pads, or pillows;


(XXII)  Portable foam nap mats;


(XXIII)  Portable infant sleepers and hook-on chairs;


(XXIV)  Soft-sided portable cribs; and


(XXV)  Strollers.


(c)  Juvenile product does not include:


(I)  Electronic products, including:


(A)  Personal computers and any associated equipment;


(B)  Audio and video equipment;


(C)  Calculators;


(D)  Wireless phones;


(E)  Gaming consoles;


(F)  Handheld devices incorporating a video screen; and


(G)  Any associated peripheral device such as a mouse, keyboard, power

supply unit, or power cord;

(II)  An internal component of a juvenile product that would not come into

direct contact with a child's skin or mouth during reasonably foreseeable use and abuse of the product; or

(III)  Adult mattresses.


(14) (a)  Manufacturer means the person that manufactures or assembles a

product or whose brand name is affixed to a product.

(b)  Manufacturer includes, if a product is imported into the United States

and the manufacturer does not have a presence in the United States, the importer or first domestic distributor of the product.

(15)  Oil and gas operations has the meaning set forth in section 34-60-103.


(16)  Oil and gas products means hydraulic fracturing fluids, drilling fluids,

and proppants.

(16.5) (a)  Outdoor apparel means apparel intended primarily for use in

outdoor activities, including bicycling, camping, climbing, fishing, hiking, and skiing.

(b)  Outdoor apparel does not include outdoor apparel for severe wet

conditions.

(16.7) (a)  Outdoor apparel for severe wet conditions means outdoor apparel

that is:

(I)  An extreme and extended use product that provides protection against

extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as snow conditions, in order to protect the health and safety of the user;

(II)  Designed for use by outdoor sports experts; and


(III)  Not marketed for general consumer use.


(b)  Outdoor apparel for severe wet conditions includes outerwear intended

for use in offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.

(c)  Outdoor apparel for severe wet conditions does not include personal

flotation devices made for the health and safety of the user.

(17)  Package means material that is intended or used to contain, protect,

handle, deliver, or present a product.

(18)  Packaging component means an individual part of a package,

including interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.

(19)  PFAS chemicals has the meaning set forth in section 25-5-1302 (7).


(20) (a)  Product means an item that is manufactured, assembled, or

otherwise prepared for sale or distribution to consumers and that is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.

(b)  Product includes any product components.


(c)  Product does not include:


(I)  Drugs, medical devices, biologics, or diagnostics used in a medical setting

or in medical applications regulated by the federal food and drug administration;

(II)  Veterinary pesticide and parasiticide products approved by the federal

environmental protection agency or the federal department of agriculture for use in animals;

(II.5)  Biologics or diagnostics approved by the federal department of

agriculture for use in a veterinary setting or in veterinary applications; or

(III)  Packaging used for the products described in subsections (20)(c)(I),

(20)(c)(II), or (20)(c)(II.5) of this section.

(d)  Product does not include a used product offered for sale or resale.


(21)  Product category means a class or division of products that share

related characteristics.

(22)  Product component means an identifiable component of a product,

regardless of whether the manufacturer of the product is the manufacturer of the component.

(23)  Proppants means materials that are inserted or injected into an

underground geologic formation during oil and gas operations in order to prevent fractures from closing.

(23.5)  Ski wax means a lubricant applied to the bottom of snow runners,

including skis and snowboards, to improve the grip or glide properties of the snow runners.

(24) (a)  Textile means any product made in whole or in part from a natural

or synthetic fiber, yarn, or fabric.

(b)  Textile includes leather, cotton, silk, jute, hemp, wool, nylon, and

polyester.

(c)  Textile does not include textiles used in medical, professional, or

industrial settings.

(24.5) (a)  Textile article means a textile that is primarily used in households

and businesses.

(b)  Textile article includes accessories, apparel, backpacks, and handbags.


(c)  Textile article does not include:


(I)  Outdoor apparel for severe wet conditions;


(II)  Outdoor textile furnishings;


(III)  Outdoor upholstered furniture; and


(IV)  Textile articles used in medical, professional, or industrial settings.


(25) (a)  Textile furnishings means textiles of a type customarily used in

households and businesses, including draperies, floor coverings, furnishings, bedding, towels, and tablecloths.

(b)  Textile furnishings does not include textile furnishings used in medical,

professional, or industrial settings.

(26)  Upholstered furniture means any article of furniture that is:


(a)  Designed for sitting, resting, or reclining; and


(b)  Wholly or partially stuffed with filling material.


Source: L. 2022: Entire part added, (HB 22-1345), ch. 338, p. 2427, � 1,

effective June 3. L. 2024: (1.5), (1.7), (2.5), (4)(c), (16.5), (16.7), (23.5), and (24.5) added, (6) and (8) repealed, and (20)(c) amended, (SB 24-081), ch. 147, p. 594, � 3, effective May 1; (15) amended, (HB 24-1346), ch. 216, p. 1343, � 16, effective May 21.

C.R.S. § 25-17-1018

25-17-1018. Rules. The commission may adopt rules implementing this part 10.

Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2402, � 1,

effective August 6.

ARTICLE 18

Underground Storage Tanks

25-18-101 to 25-18-109. (Repealed)


Source: L. 95: Entire article repealed, p. 420, � 12, effective July 1.


Editor's note: This article was added in 1989. For amendments to this article

prior to its repeal in 1995, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this article were relocated to article 20.5 of title 8. For the location of specific provisions, see the editor's notes following each section in said article.

ARTICLE 18.5

Illegal Drug Laboratories

Law reviews: For article, Meth Labs: New Colorado Cleanup Mandate and

Regulation, see 34 Colo. Law. 105 (Dec. 2005).

25-18.5-101.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Board means the state board of health in the department of public

health and environment.

(2)  Certified industrial hygienist means an individual who is certified by the

American board of industrial hygiene or its successor.

(3)  Clean-up standards means the acceptable standards for the

remediation of an illegal drug laboratory involving methamphetamine, as established by the board under section 25-18.5-102.

(4)  Consultant means a certified industrial hygienist or industrial hygienist

who is not an employee, agent, representative, partner, joint venture participant, or shareholder of the contractor or of a parent or subsidiary company of the contractor, and who has been certified under section 25-18.5-106.

(5)  Contractor means a person:


(a)  Hired to decontaminate an illegal drug laboratory in accordance with the

procedures established by the board under section 25-18.5-102; and

(b)  Certified by the department under section 25-18.5-106.


(6)  Department means the Colorado department of public health and

environment.

(7)  Governing body means the agency or office designated by the city

council or board of county commissioners where the property in question is located. If there is no such designation, the governing body shall be the county, district, or municipal public health agency, building department, and law enforcement agency with jurisdiction over the property in question.

(8)  Illegal drug laboratory means the areas where controlled substances,

as defined by section 18-18-102, C.R.S., have been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage.

(9)  Industrial hygienist has the same meaning as set forth in section 24-30-1402 (2.2), C.R.S.


(10)  Property means anything that may be the subject of ownership,

including land, buildings, structures, and vehicles.

(11)  Property owner, for the purposes of real property, means the person

holding record fee title to real property. Property owner also means the person holding title to a manufactured home.

Source: L. 2004: Entire article added, p. 532, � 1, effective April 21. L. 2005:

(2.5) added, p. 1495, � 1, effective June 9. L. 2009: (2) amended and (2.7) added, (SB 09-060), ch. 140, p. 600, � 1, effective April 20. L. 2010: (2.5) amended, (HB 10-1422), ch. 419, p. 2106, � 125, effective August 11. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1564, � 1, effective August 7.

25-18.5-102.  Illegal drug laboratories - rules. (1)  The board shall

promulgate rules in accordance with section 24-4-103, C.R.S., as necessary to implement this article, including:

(a)  Procedures for testing contamination, evaluating contamination, and

establishing the acceptable standards for cleanup of illegal drug laboratories involving methamphetamine;

(b)  Procedures for a training and certification program for people involved in

the assessment, decontamination, and sampling of illegal drug laboratories. The board may develop different levels of training and certification requirements based on a person's prior experience in the assessment, decontamination, and sampling of illegal drug laboratories.

(c)  A definition of assessment, decontamination, and sampling for

purposes of this article;

(d)  Procedures for the approval of persons to train consultants or

contractors in the assessment, decontamination, or sampling of illegal drug laboratories; and

(e)  Procedures for contractors and consultants to issue certificates of

compliance to property owners upon completion of assessment, decontamination, and sampling of illegal drug laboratories to certify that the remediation of the property meets the clean-up standards established by the board under paragraph (a) of this subsection (1).

(2)  The board shall establish fees for the following:


(a)  Certification of persons involved in the assessment, decontamination, and

sampling of illegal drug laboratories;

(b)  Monitoring of persons involved in the assessment, decontamination, and

sampling of illegal drug laboratories, if necessary to ensure compliance with this article; and

(c)  Approval of persons involved in training for consultants or contractors

under paragraph (d) of subsection (1) of this section.

(3)  The board shall adopt rules for determining administrative penalties for

violations of this article, based on the factors enumerated in section 25-18.5-107 (2)(g).

Source: L. 2004: Entire article added, p. 533, � 1, effective April 21. L. 2009:

Entire section amended, (SB 09-060), ch. 140, p. 600, � 2, effective April 20. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1565, � 1, effective August 7.

25-18.5-103.  Discovery of illegal drug laboratory - property owner -

cleanup - liability. (1) (a) Upon notification from a peace officer that chemicals, equipment, or supplies of an illegal drug laboratory are located on a property, or when an illegal drug laboratory is otherwise discovered and the property owner has received notice, the owner of any contaminated property shall meet the clean-up standards for property established by the board in section 25-18.5-102; except that a property owner may, subject to paragraph (b) of this subsection (1), elect instead to demolish the contaminated property. If the owner elects to demolish the contaminated property, the governing body or, if none has been designated, the county, district, or municipal public health agency, building department, or law enforcement agency with jurisdiction over the property may require the owner to fence off the property or otherwise make it inaccessible for occupancy or intrusion.

(b)  An owner of personal property within a structure or vehicle contaminated

by illegal drug laboratory activity has ten days after the date of discovery of the laboratory or contamination to remove or clean the property according to board rules and paragraph (c) of this subsection (1). If the personal property owner fails to remove the personal property within ten days, the owner of the structure or vehicle may dispose of the personal property during the clean-up process without liability to the owner of the personal property for the disposition.

(c)  A person who removes personal property or debris from a drug laboratory

shall secure the property and debris to prevent theft or exposing another person to any toxic or hazardous chemicals until the property and debris is appropriately disposed of or cleaned according to board rules.

(2) (a)  Except as specified in subsection (2)(b) of this section, once a property

owner has received certificates of compliance from a contractor and a consultant in accordance with section 25-18.5-102 (1)(e), or has demolished the property, or has met the clean-up standards and documentation requirements of this section as it existed before August 7, 2013, the property owner:

(I)  Shall furnish copies of the certificates of compliance to the governing

body and the department; and

(II)  Is immune from a suit brought by a current or future owner, renter,

occupant, or neighbor of the property for health-based civil actions that allege injury or loss arising from the illegal drug laboratory.

(b)  A person convicted for the manufacture of methamphetamine or for

possession of chemicals, supplies, or equipment with intent to manufacture methamphetamine is not immune from suit.

(3)  (Deleted by amendment, L. 2013.)


Source: L. 2004: Entire article added, p. 533, � 1, effective April 21. L. 2005:

Entire section amended, p. 1495, � 2, effective June 9. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2106, � 126, effective August 11. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1566, � 1, effective August 7. L. 2023: IP(2)(a) and (2)(a)(I) amended, (SB 23-148), ch. 326, p. 1957, � 1, effective August 7.

25-18.5-104.  Entry into illegal drug laboratories. (1)  If a structure or vehicle

has been determined to be contaminated or if a governing body or law enforcement agency issues a notice of probable contamination, the owner of the structure or vehicle shall not permit any person to have access to the structure or vehicle unless:

(a)  The person is trained or certified to handle contaminated property under

board rules or federal law; or

(b)  The owner has received certificates of compliance under section 25-18.5-102 (1)(e).


Source: L. 2005: Entire section added, p. 1496, � 3, effective June 9. L. 2013:

Entire article amended, (SB 13-219), ch. 293, p. 1567, � 1, effective August 7.

25-18.5-105.  Drug laboratories - governing body - authority. (1)  Governing

bodies may declare an illegal drug laboratory that has not met the clean-up standards set by the board in section 25-18.5-102 a public health nuisance.

(2)  Governing bodies may enact ordinances or resolutions to enforce this

article, including preventing unauthorized entry into contaminated property; requiring contaminated property to meet clean-up standards before it is occupied; notifying the public of contaminated property; coordinating services and sharing information between law enforcement, building, public health, and social services agencies and officials; and charging reasonable inspection and testing fees.

Source: L. 2005: Entire section added, p. 1496, � 3, effective June 9. L. 2013:

Entire article amended, (SB 13-219), ch. 293, p. 1567, � 1, effective August 7.

25-18.5-106.  Powers and duties of department. (1)  The department shall

implement, coordinate, and oversee the rules promulgated by the board in accordance with this article, including:

(a)  The certification of persons involved in the assessment, decontamination,

or sampling of illegal drug laboratories;

(b)  The approval of persons to train consultants and contractors in the

assessment, decontamination, or sampling of illegal drug laboratories.

(2)  On and after January 1, 2024, the department shall create and make

available to the public an online database of any residential real property, as defined in section 38-35.7-103 (5), that has been used as an illegal drug laboratory involving methamphetamine. The department shall remove a residential real property from the database five years after the later date on the certificates of compliance issued by a contractor and a consultant in accordance with section 25-18.5-102 (1)(e). Each residential real property on the database must contain a field that is made available to the public and that records whether the property has a certificate of compliance issued pursuant to section 25-18.5-102 (1)(e).

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, � 1,

effective August 7. L. 2023: (2) added, (SB 23-148), ch. 326, p. 1957, � 2, effective August 7.

25-18.5-107.  Enforcement. (1)  A person that violates any rule promulgated

by the board under section 25-18.5-102 is subject to an administrative penalty not to exceed fifteen thousand dollars per day per violation until the violation is corrected.

(2) (a)  Whenever the department has reason to believe that a person has

violated any rule promulgated by the board under section 25-18.5-102, the department shall notify the person, specifying the rule alleged to have been violated and the facts alleged to constitute the violation.

(b)  The department shall either:


(I)  Send the notice by certified or registered mail, return receipt requested,

to the alleged violator's last-known address; or

(II)  Personally serve the notice upon the alleged violator or the alleged

violator's agent.

(c)  The alleged violator has thirty days following receipt of the notice to

submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective actions.

(d)  Within fifteen days after receiving notice of an alleged violation, the

alleged violator may request an informal conference with department personnel to discuss the alleged violation. The department shall hold the informal conference within the thirty days allowed for a written response.

(e)  After consideration of any written response and informal conference, the

department shall issue a letter, within thirty days after the date of the informal conference or written response, whichever is later, affirming or dismissing the violation. If the department affirms the violation, the department shall issue an administrative order within one hundred eighty days after the time for a written response has expired. The administrative order must include any remaining corrective actions that the violator shall take and any administrative penalty that the department determines is appropriate.

(f)  The department shall serve an administrative order under this article on

the person subject to the order by personal service or by registered mail, return receipt requested, at the person's last-known address. An order may be prohibitory or mandatory in effect. The order is effective immediately upon issuance unless otherwise provided in the order.

(g)  In determining the amount of an administrative penalty, the department

shall consider the following factors:

(I)  The seriousness of the violation;


(II)  Whether the violation was intentional, reckless, or negligent;


(III)  Any impact on, or threat to, the public health or environment as a result

of the violation;

(IV)  The violator's degree of recalcitrance;


(V)  Whether the violator has had a prior violation and, if so, the nature and

severity of the prior violation;

(VI)  The economic benefit the violator received as a result of the violation;


(VII)  Whether the violator voluntarily, timely, and completely disclosed the

violation before the department discovered it;

(VIII)  Whether the violator fully and promptly cooperated with the

department following disclosure or discovery of the violation; and

(IX)  Any other relevant aggravating or mitigating circumstances.


(3)  If the department determines that a person has been grossly

noncompliant with the rules promulgated by the board under section 25-18.5-102, the department may:

(a)  Suspend or revoke the person's certification for the assessment,

decontamination, or sampling of illegal drug laboratories; or

(b)  Suspend or revoke the approval of a person to provide training for

consultants or contractors performing assessment, decontamination, or sampling of illegal drug laboratories.

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, � 1,

effective August 7.

25-18.5-108.  Illegal drug laboratory fund. The illegal drug laboratory fund

is hereby established in the state treasury. The department shall transfer the fees collected under section 25-18.5-102 (2) to the state treasurer who shall credit these fees to the fund. The general assembly shall appropriate the moneys in the fund for the implementation of this article. The treasurer shall credit to the fund all interest derived from the deposit and investment of moneys in the fund. The moneys in the fund stay in the fund at the end of the fiscal year and do not revert to the general fund or any other fund.

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1570, � 1,

effective August 7.

25-18.5-109.  Judicial review. The department's decisions are subject to

judicial review in accordance with section 24-4-106, C.R.S.

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1570, � 1,

effective August 7.

25-18.5-110.  Reporting - rules. (1)  Upon discovering an illegal drug

laboratory involving methamphetamine on a residential real property, as defined in section 38-35.7-103 (5), a law enforcement agency and a consultant shall notify the department of the fact. The notice must include the property's address, the name of the property owner, and any other information required by rule adopted pursuant to subsection (2) of this section.

(2)  The board may adopt rules as necessary to specify any additional

information that must be included in the notice required by subsection (1) of this section.

Source: L. 2023: Entire section added, (SB 23-148), ch. 326, p. 1958, � 3,

effective August 7.

ARTICLE 18.7

Industrial Hemp Remediation Pilot Program

25-18.7-101 to 25-18.7-105. (Repealed)


Source: L. 2013: Entire article repealed, (SB 13-241), ch. 342, p. 1997, � 2,

effective May 28.

Editor's note: This article was added in 2012 and was not amended prior to its

repeal in 2013. For the text of this article prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article was relocated to article 61 of title 35. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.

ARTICLE 18.9

Disposable Wipes

25-18.9-101.  Legislative declaration. (1)  The general assembly hereby finds

and declares that:

(a)  Over the past several years, consumer demand for premoistened,

disposable wipe products, including baby wipes, surface cleaning wipes, hand sanitizing wipes, and makeup removal wipes, has significantly increased;

(b)  These wipe products are composed, entirely or in part, of petrochemical-derived fibers that were never designed to be flushed down toilets;


(c)  Consumer confusion has resulted in millions of these nonflushable wipes

being improperly disposed of by being flushed down toilets;

(d)  Wipes that were not designed to be flushed do not break down like toilet

paper, so when improperly disposed of in toilets, the wipes often cause sewer blockage and overflow, clog pipes and mechanical equipment, release plastic materials and wastewater into waterways, and block private drain lines, which can result in flooded homes and businesses;

(e)  The National Association of Clean Water Agencies has determined that

United States municipalities and wastewater treatment providers incur costs in excess of one billion dollars annually on maintenance to remove clogs caused by wipes; and

(f)  Clear Do Not Flush labeling on the packages for wipes that are not

designed to be flushed is a critical step in helping consumers practice responsible flushing habits, which in turn leads to healthier homes and communities and the protection of the environment, waterways, and public infrastructure used for the collection, transport, and treatment of wastewater.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 222, � 1,

effective August 7.

25-18.9-102.  Definitions. As used in this article 18.9:


(1)  Covered entity means:


(a)  The manufacturer of a covered product that is sold or offered for sale in

this state; and

(b)  A wholesaler, supplier, or retailer that is responsible for the labeling or

packaging of a covered product.

(2)  Covered product means a consumer product sold or offered for sale in

this state that is:

(a)  A premoistened, nonwoven disposable wipe marketed as a baby wipe or

diapering wipe; or

(b)  A premoistened, nonwoven disposable wipe that is:


(I)  Composed entirely of or in part of petrochemical-derived fibers; and


(II)  Likely to be used in a bathroom with significant potential to be flushed,

including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial cleansing wipes, makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes.

(3)  High contrast means:


(a)  Tonal contrast that is shown by either a light symbol on a solid dark

background or a dark symbol on a solid light background; and

(b)  Having at least seventy percent contrast between the symbol artwork

and background using the formula [(B1- B2) � B1] x 100, where:

(I)  B1 is the light reflectance value of the relatively lighter area; and


(II)  B2 is the light reflectance value of the relatively darker area.


(4)  Label means a representation made by statement, word, picture,

design, or emblem on a covered product package, whether affixed to or written directly on the package.

(5)  Label notice means:


(a)  The phrase Do Not Flush in a size equal to at least two percent of the

surface area of the principal display panel;

(b)  For covered products regulated pursuant to the Federal Hazardous

Substances Act, 15 U.S.C. sec. 1261 et seq., as amended, by the federal consumer product safety commission under 16 CFR 1500.121, that if at least two percent of the surface area of the principal display panel would result in a type size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, then, to the extent permitted by federal law, the phrase Do Not Flush in type size equal to or greater than the type size required for the first aid instructions; and

(c)  For covered products required to be registered by the federal

environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, that if at least two percent of the surface area of the principal display panel would result in a type size on the principal display panel larger than a warning pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, then, to the extent permitted by federal law, the phrase Do Not Flush in a type size equal to or greater than the type size required for the Keep Out of Reach of Children statement required under 40 CFR 156.66.

(6)  Principal display panel means the side of a product package that is

most likely to be displayed, presented, or shown under customary conditions of display for retail sale.

(7)  Symbol means the Do Not Flush symbol, or a symbol that is

equivalent, as depicted in the INDA/EDANA Code of Practice Second Edition and published within Guidelines for Assessing the Flushability of Disposable Nonwoven Products, Edition 4, May 2018, which is in a size equal to at least two percent of the surface area of the principal display panel, except as specified in section 25-18.9-104 (1)(a)(II)(C).

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 223, � 1,

effective August 7.

25-18.9-103.  Determination of surface area of a principal display panel. (1)

For a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes forty percent of the product package as measured by multiplying the height of the container by the circumference.

(2)  For a flexible film package in which a rectangular prism or nearly

rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 224, � 1,

effective August 7.

25-18.9-104.  Labeling requirements - exceptions. (1)  Except as provided in

subsections (2), (3), (4), and (6) of this section, a covered product manufactured on or after December 31, 2023, shall be labeled clearly in adherence to the following requirements:

(a)  For cylindrical or near cylindrical packaging intended to dispense

individual wipes, a covered entity shall:

(I)  Place the symbol and label notice on the principal display panel in a

location reasonably viewable each time a wipe is dispensed; or

(II)  Place the symbol on the principal display panel and either the symbol or

label notice, or the symbol and label notice in combination, on the flip lid, subject to the following:

(A)  If the label notice does not appear on the flip lid, the label notice shall be

placed on the principal display panel;

(B)  The symbol or label notice, or the symbol and label notice in combination,

on the flip lid may be embossed, and in that case are not required to comply with subsection (1)(f) of this section; and

(C)  The symbol or label notice, or the symbol and label notice in combination,

on the flip lid must cover a minimum of eight percent of the surface area of the flip lid.

(b) (I)  For flexible film packaging intended to dispense individual wipes, a

covered entity shall:

(A)  Place the symbol on both the principal display panel and the dispensing

side panel; and

(B)  Place the label notice on either the principal display panel or dispensing

side panel in a prominent location reasonably visible to the user each time a wipe is dispensed.

(II)  If the principal display panel is on the dispensing side of the package, two

symbols are not required.

(c)  For refillable tubs or other rigid packaging intended to dispense

individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed.

(d)  For packaging not intended to dispense individual wipes, a covered entity

shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location.

(e)  A covered entity shall ensure that the packaging seams, folds, or other

package design elements do not obscure the symbol or the label notice.

(f)  A covered entity shall ensure that the symbol and label notice have

sufficiently high contrast with the immediate background of the packaging to render the symbol and label notice likely to be seen and read by an ordinary individual under customary conditions of purchase and use.

(2)  For covered products sold in bulk at retail, both the outer package visible

at retail and the individual packages contained within must comply with the labeling requirements in this section applicable to the particular packaging types, except for:

(a)  Individual packages contained within the outer package that are not

intended to dispense individual wipes and contain no retail labeling; and

(b)  Outer packages that do not obscure the symbol and label notice on

individual packages contained within.

(3)  If a covered product is provided within the same packaging as another

consumer product for use in combination with the other consumer product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subsection (1) of this section.

(4)  If a covered product is provided within the same package as another

consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity responsible for the labeling or packaging of the covered product may comply with the requirements of subsection (1) of this section by placing the symbol and label notice in a prominent location reasonably visible to the user of the covered product.

(5)  A covered entity, directly or through a corporation, partnership,

subsidiary, division, trade name, or association in connection with the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.

(6) (a)  If a covered product is required to be registered by the federal

environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, and, to the extent not preempted by 7 U.S.C. sec. 136v (b), by the Colorado department of agriculture under the Pesticide Act, article 9 of title 35, then the covered entity, to the extent permitted under federal law, shall submit a label compliant with the labeling requirements of this section no later than December 31, 2023, to the federal environmental protection agency and, upon its approval, to the department of agriculture, which shall review the label of the covered product in the manner authorized under the Pesticide Act, article 9 of title 35, and administrative rules adopted under the Pesticide Act, article 9 of title 35.

(b)  If the federal environmental protection agency or the Colorado

department of agriculture does not approve a product label that otherwise complies with the labeling requirements of this section, the covered entity shall use a label that complies with as many of the requirements of this section as the relevant agency has approved.

(7)  A covered entity may include on a covered product words or phrases in

addition to those required for the label notice if the words or phrases are consistent with the purposes of this section.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 225, � 1,

effective August 7.

25-18.9-105.  Enforcement. A person that, in the course of the person's

business, vocation, or occupation, violates section 25-18.9-104 commits a deceptive trade practice under the Colorado Consumer Protection Act, article 1 of title 6.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 227, � 1,

effective August 7.

ENVIRONMENT - SMALL COMMUNITIES

ARTICLE 19

Small Community Environmental Flexibility Act

Law reviews: For article, Using Local Police Powers to Protect the

Environment, see 24 Colo. Law. 1063 (1995).

C.R.S. § 25-5-402

25-5-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Advertisement means all representations disseminated in any manner or

by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(2)  Color includes black, white, and intermediate grays.


(3) (a)  Color additive means a material which:


(I)  Is a dye, pigment, or other substance made by a process of synthesis or

similar artifice or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; and

(II)  When added or applied to a food, drug, or cosmetic or to the human body

or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which is exempted under the federal act.

(b)  Nothing in this subsection (3) shall be construed to apply to any pesticide

chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process or produce of the soil and thereby affecting its color, whether before or after harvest.

(4)  Consumer commodity, except as otherwise specifically provided in this

subsection (4), means any food, drug, cosmetic, or device. Such term does not include:

(a)  Any tobacco or tobacco product;


(b)  Any commodity subject to packaging or labeling requirements imposed

under article 9 of title 35, C.R.S., being known as the Pesticide Act, or imposed by the secretary of agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. sec. 136 et seq.), or under the federal Animal Virus, Serum, Toxin, Antitoxin Act (21 U.S.C. secs. 151-158);

(c)  Any drug subject to the provisions of section 25-5-415 (1)(m) or of 21

U.S.C. sec. 353 (b)(1) or 356;

(d)  Any beverage subject to or complying with packaging or labeling

requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. secs. 201-211); or

(e)  Any commodity subject to the provisions of article 27 of title 35, C.R.S.,

concerning seeds.

(5)  Contaminated with filth applies to any food, drug, cosmetic, or device

not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

(6)  Cosmetic means articles intended to be rubbed, poured, sprinkled, or

sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance or articles intended for use as a component of any such articles; except that such term does not include soap.

(7)  Department means the department of public health and environment.


(8)  Device, except when used in subsection (23) of this section and in

sections 25-5-403 (1)(j), 25-5-411 (1)(g), 25-5-415 (1)(d), and 25-5-417 (1)(d), means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals.

(9)  Drug means:


(a)  Articles recognized in the official United States pharmacopoeia, official

homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them;

(b)  Articles intended for use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in man or other animals;

(c)  Articles, other than food, intended to affect the structure or any function

of the body of man or other animals;

(d)  Articles intended for use as a component of any article specified in

paragraph (a), (b), or (c) of this subsection (9) but does not include devices or their components, parts, or accessories.

(10)  Federal act means the Federal Food, Drug, and Cosmetic Act (21

U.S.C. sec. 301 et seq., 52 Stat. 1040).

(11)  Food means articles used for food or drink for man or other animals,

chewing gum, and articles used for components of any such article.

(12)  Food additive means any substance, the intended use of which results

or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food and including any source of radiation intended for any such use) if such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures (or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use. The term does not include:

(a)  A pesticide chemical in or on a raw agricultural commodity;


(b)  A pesticide chemical to the extent that it is intended for use or is used in

the production, storage, or transportation of any raw agricultural commodity;

(c)  A color additive; or


(d)  Any substance used in accordance with a sanction or approval granted

prior to the enactment of the amendment to the federal act known as the Food Additives Amendment of 1958, the Poultry Products Inspection Act (21 U.S.C. secs. 451-470), or the Federal Meat Inspection Act, as amended and extended (21 U.S.C. secs. 603-623).

(13)  Immediate container does not include package liners.


(14)  Label means a display of written, printed, or graphic matter upon the

immediate container of any article; and by or under the authority of this part 4 a requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper.

(15)  Labeling means all labels and other written, printed, or graphic matter

upon an article or any of its containers or wrappers, or accompanying such article.

(16)  Official compendium means the official United States pharmacopoeia,

official homeopathic pharmacopoeia of the United States, official national formulary, or any supplement to any of them.

(17)  Package means any container or wrapping in which any consumer

commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term does not include:

(a)  Shipping containers or wrappings used solely for the transportation of

any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; or

(b)  Shipping containers or outer wrappings used by retailers to ship or

deliver any commodity to retail customers if such containers or wrappers bear no printed matter pertaining to any particular commodity.

(18)  Person includes an individual, partnership, corporation, and

association.

(19)  Pesticide chemical means any substance which alone, in chemical

combination, or in formulation with one or more other substances is a pesticide within the meaning of section 35-9-102 (21), C.R.S., and which is used in the production, storage, or transportation of raw agricultural commodities.

(20)  Principal display panel means that part of a label that is most likely to

be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(21)  Raw agricultural commodity means any food in its raw or natural state,

including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

(22)  Safe, as used in subsection (12) of this section, has reference to the

health of man or animal.

(23)  If an article is alleged to be misbranded because the labeling is

misleading or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account all representations made or suggested by statement, work, design, device, sound, or any combination thereof, and also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(24)  The representation of a drug, in its labeling or advertisement, as an

antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as being, an antiseptic for inhibitory use which involves prolonged contact with the body.

(25)  The provisions of this part 4 regarding the selling of food, drugs,

devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.

Source: L. 57: p. 424, � 2. CRS 53: � 66-22-2. C.R.S. 1963: � 66-20-2. L. 70: p.

197, � 1. L. 94: (7) amended, p. 2778, � 483, effective July 1. L. 2020: (4)(b) and (12)(d) amended, (HB 20-1402), ch. 216, p. 1054, � 53, effective June 30.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (7), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-5-410

25-5-410. Definitions of adulterated. (1) A food is deemed to be adulterated:

(a)  If it bears or contains any poisonous or deleterious substance which may

render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph (a) if the quantity of such substance in such food does not ordinarily render it injurious to health;

(b) (I)  If it bears or contains any added poisonous or added deleterious

substance which is unsafe within the meaning of section 25-5-413; except that a pesticide chemical in or on a raw agricultural commodity, a food additive, or a color additive shall not be deemed a poisonous or deleterious substance within the meaning of this paragraph (b);

(II)  If it is a raw agricultural commodity and it bears or contains a pesticide

chemical which is unsafe within the meaning of section 25-5-413 (1); but, if a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under section 25-5-413 (2) and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding the provisions of section 25-5-413 (1) and this subparagraph (II), shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity; or

(III)  If it is, or it bears or contains any food additive which is, unsafe within the

meaning of section 25-5-413 (1);

(c)  If it consists in whole or in part of a diseased, contaminated, filthy, putrid,

or decomposed substance or if it is otherwise unfit for food;

(d)  If it is produced, prepared, packed, or held under unsanitary conditions

whereby it may be contaminated with filth or rendered diseased, unwholesome, or injurious to health;

(e)  If it is, in whole or in part, the product of a diseased animal or an animal

which has died otherwise than by slaughter or which has been fed upon the uncooked offal from a slaughterhouse;

(f)  If its container is composed, in whole or in part, of any poisonous or

deleterious substance which may render the contents injurious to health;

(g)  If it has been intentionally subjected to radiation unless the use of the

radiation was in conformity with a regulation or exemption in effect pursuant to section 25-5-413 or 21 U.S.C. sec. 348;

(h) (I)  If any valuable constituent has been in whole or in part omitted or

abstracted therefrom;

(II)  If any substance has been substituted wholly or in part therefor;


(III)  If damage or inferiority has been concealed in any manner;


(IV)  If any substance has been added thereto or mixed or packed therewith

so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;

(i)  If it is confectionery and:


(I)  Has partially or completely imbedded therein any nonnutritive object; but

this subparagraph (I) shall not apply in the case of any nonnutritive object if, in the judgment of the department as provided by regulations, such object is of practical functional value to the confectionery product and does not render the product injurious or hazardous to health;

(II)  Bears or contains any alcohol other than alcohol not in excess of six and

twenty-five hundredths percent by volume or five percent by weight; or

(III)  Bears or contains any nonnutritive substance; but this subparagraph (III)

shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this part 4; and, furthermore, the department, for the purpose of avoiding or resolving uncertainty as to the application of this subparagraph (III), may issue regulations allowing or prohibiting the use of particular nonnutritive substances;

(j)  If it is, or it bears or contains a color additive which is, unsafe within the

meaning of section 25-5-413 (1) or the federal act;

(k)  If it is chopped or ground beef or hamburger and it contains any meat

other than the voluntary striated muscle of beef, or the total fat content, derived solely from beef, is in excess of thirty percent, or it contains any substance other than those which the department has by regulation declared to be permitted optional ingredients;

(l)  If it is fresh meat or a fresh meat product, or fresh poultry, parts thereof,

or fresh poultry products, and contains any antiseptic or chemical preservative;

(m)  If it is meat or a meat product and contains any artificial coloring or if it is

contained in an artificially colored casing or wrapper; except that the department may by regulation establish the conditions of the use of artificial color in casings and wrappers;

(n)  If it is pork sausage or pork breakfast sausage and the total fat content is

in excess of fifty percent.

Source: L. 57: p. 430, � 10. CRS 53: � 66-22-10. L. 61: p. 171, � 2. C.R.S. 1963:

� 66-20-10. L. 70: pp. 200, 201, �� 4, 5. L. 89: (1)(i)(II) amended, p. 709, � 5, effective July 1.

C.R.S. § 25-5-411

25-5-411. Definitions of misbranding - food. (1) A food is deemed to be misbranded:

(a)  If its labeling is false or misleading in any particular;


(b)  If its labeling or packaging fails to conform to the requirements of

section 25-5-419;

(c)  If it is offered for sale under the name of another food;


(d)  If it is an imitation of another food, unless its label bears, in type of

uniform size and prominence, the word imitation and, immediately thereafter, the name of the food imitated;

(e)  If its container is so made, formed, or filled as to be misleading;


(f)  If in package form, unless it bears a label containing:


(I)  The name and place of business of the manufacturer, packer, or

distributor; and

(II)  An accurate statement of the net quantity of the contents in terms of

weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; but, as to such terms of quantity, reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulation prescribed by the department;

(g)  If any word, statement, or other information required by or under

authority of this part 4 to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(h)  If it purports to be or is represented as a food for which a definition and

standard of identity is prescribed by regulations as provided by section 25-5-409, unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food;

(i)  If it purports to be or is represented as:


(I)  A food for which a standard of quality has been prescribed by regulations

as provided by section 25-5-409 and its quality falls below such standard, unless its label bears, in such manner and form as regulations specify, a statement that it falls below such standard; or

(II)  A food for which a standard of fill of container is prescribed by

regulations as provided by section 25-5-409 and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;

(j)  If it is not subject to the provisions of paragraph (h) of this section, unless

it bears labeling clearly giving the common or usual name of the food, if any, and, if it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each; but, to the extent that compliance with the requirements as to such multiple names is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the department. The requirements of this paragraph (j) shall not apply to food products which are packaged at the direction of purchasers at retail at the time of sale whose ingredients are disclosed to the purchasers by other means in accordance with regulations promulgated by the department.

(k)  If it purports to be or is represented for special dietary uses, unless its

label bears such information concerning its vitamin, mineral, and other dietary properties as the department determines to be and by regulations prescribes as necessary in order to fully inform purchasers as to its value for such uses;

(l)  If it bears or contains any artificial flavoring, artificial coloring, or

chemical preservative, unless it bears labeling stating that fact; but, to the extent that compliance with the requirements of this paragraph (l) is impracticable, exemptions shall be established by regulations promulgated by the department. The provisions of this paragraph (l) and paragraphs (h) and (j) of this subsection (1) with respect to artificial coloring do not apply to butter, cheese, or ice cream. The provisions of this paragraph (l) with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the produce of the soil.

(m)  If it is a product intended as an ingredient of another food and, when

used according to the directions of the purveyor, will result in the final food product being adulterated or misbranded;

(n)  If it is meat imported from without the boundaries of the United States or

if it is a meat product containing such meat, unless it bears labeling stating the fact that it is imported meat or that it contains imported meat. Any person who sells or offers for sale in this state any meat imported from without the boundaries of the United States, or any meat product containing such imported meat, without labeling such meat or meat product stating that it is imported, or contains imported meat commits a petty offense.

(o)  If it is a raw agricultural commodity which is the produce of the soil,

bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical; except that no such declaration shall be required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade;

(p)  If it is a color additive, unless its packaging and labeling are in conformity

with such packaging and labeling requirements applicable to such color additive as may be contained in regulations issued pursuant to the provisions of the federal act;

(q)  If the food is cell-cultivated meat or contains cell-cultivated meat and is

misbranded as a meat product in violation of section 25-5-428; or

(r)  If the food is cell-cultivated meat or contains cell-cultivated meat and is

not clearly labeled as cell-cultivated meat in violation of section 25-5-428.

(2)  Foods which, in accordance with the practice of the trade, are to be

processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling requirements under this section if such food is not adulterated or misbranded under any provision of this part 4 upon removal from such processing, labeling, or repacking establishment. Regulations adopted under authority of the federal act (21 U.S.C. sec. 345) relating to such exemptions are automatically effective in this state. The department may promulgate additional regulations or amendments to existing regulations concerning such exemptions, but the department may not promulgate any regulation which has the effect of allowing any food which is subject to federal labeling requirements to be exempt from labeling requirements under the law of this state.

Source: L. 57: p. 431, � 11. CRS 53: � 66-22-11. L. 61: p. 416, � 1. L. 63: p. 539, �

1. C.R.S. 1963: � 66-20-11. L. 70: p. 201, � 6. L. 2021: (1)(n) amended, (SB 21-271), ch. 462, p. 3236, � 459, effective March 1, 2022. L. 2025: IP(1) amended and (1)(q) and (1)(r) added, (HB 25-1203), ch. 83, p. 343, � 2, effective August 6.

   Editor's note: Section 4(2) of chapter 83 (HB 25-1203), Session Laws of Colorado 2025, provides that the act changing this section applies to food labeled or packaged on or after August 6, 2025.

   Cross references: (1) For the penalty for a petty offense, see � 18-1.3-503.

   (2) For the legislative declaration in HB 25-1203, see section 1 of chapter 83, Session Laws of Colorado 2025.

C.R.S. § 25-5-413

25-5-413. Limit of adulteration - rule or regulation. (1) Any added poisonous or deleterious substance, food additive, pesticide chemical in or on a raw agricultural commodity, or color additive, with respect to any particular use or intended use, shall be deemed unsafe for the purpose of application of section 25-5-410 (1)(b) with respect to any food, section 25-5-414 (1)(a) to (1)(f) with respect to any drug or device, or section 25-5-416 (1)(a) with respect to any cosmetic, unless there is in effect a regulation pursuant to section 25-5-419 or subsection (2) of this section limiting the quantity of such substance and the use or intended use of such substance is within the limits prescribed by such regulation. While such a regulation relating to such substance is in effect, a food, drug, or cosmetic, by reason of bearing or containing such substance in accordance with the regulations, shall not be considered adulterated within the meaning of section 25-5-410 (1)(b), 25-5-414 (1)(a) to (1)(f), or 25-5-416 (1)(a).

(2)  The department, whenever public health or other considerations so

require, is authorized to adopt, amend, or repeal regulations upon its own motion or upon the petition of any interested party, whether or not in accordance with regulations promulgated under the federal act. Such regulations may prescribe tolerances for any added poisonous or deleterious substances, food additives, pesticide chemicals in or on raw agricultural commodities, or color additives, including but not limited to zero tolerances. The department may prescribe exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities. The department may also promulgate regulations prescribing the conditions under which a food additive or a color additive may be safely used and exemptions if such food additive or color additive is to be used solely for investigational or experimental purposes. It shall be incumbent upon any petitioner to establish that a necessity exists for such regulation and that its effect will not be detrimental to the public health. If the data furnished by the petitioner are not sufficient to allow the department to determine whether such regulation should be promulgated, the department may require additional data to be submitted, and failure to comply with the request shall be sufficient grounds for denial of the request. In adopting, amending, or repealing regulations under this section, the department shall consider, among other relevant factors, the following, which the petitioner, if any, shall furnish:

(a)  The name and all pertinent information concerning such substance,

including, where available, its chemical identity and composition; a statement of the conditions of the proposed use, including directions, recommendations, suggestions, and specimens of proposed labeling; all relevant data bearing on the physical or other technical effects; and the quantity required to produce such effect;

(b)  The probable composition of any substance formed in or on a food, drug,

or cosmetic resulting from the use of such substance;

(c)  The probable consumption of such substance in the diet of man and

animals taking into account any chemically or pharmacologically related substance in such diet;

(d)  Safety factors which, in the opinion of experts qualified by scientific

training and experience to evaluate the safety of such substances for the uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;

(e)  The availability of any needed practicable methods of analysis for

determining the identity and quantity of:

(I)  Such substance in or on an article;


(II)  Any substance formed in or on such article because of the use of such

substance; and

(III)  The pure substance and all intermediates and impurities;


(f)  Facts supporting a contention that the proposed use of such substance

will serve a useful purpose.

Source: L. 57: p. 433, � 13. CRS 53: � 66-22-13. C.R.S. 1963: � 66-20-13. L.

70: p. 203, � 7.

C.R.S. § 25-5-420

25-5-420. Enforcement. (1) The authority to promulgate regulations for the efficient enforcement of this part 4 is vested in the department. The department is authorized to make the regulations promulgated under this part 4 conform, insofar as practicable, with those promulgated under the federal act, the federal Fair Packaging and Labeling Act, 15 U.S.C. secs. 1451-1461, and the Federal Meat Inspection Act, as amended, 21 U.S.C. secs. 603-623. All regulations promulgated under this part 4 shall be promulgated in accordance with the provisions of article 4 of title 24, C.R.S.

(2)  Hearings authorized or required by this part 4 or by article 4 of title 24,

C.R.S., shall be conducted by the department or such officer, agent, or employee as the department may designate for the purpose.

(3)  All pesticide chemical regulations and their amendments adopted under

authority of the federal act are the pesticide chemical regulations in this state. However, the department may adopt regulations which prescribe tolerances for pesticides in finished foods in this state which are no less stringent than regulations promulgated under the federal act.

(4)  All food additive regulations and their amendments adopted under

authority of the federal act are the food additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a food additive may be used in this state which are no less stringent than regulations promulgated under the federal act.

(5)  All color additive regulations and their amendments adopted under

authority of the federal act are the color additive regulations in this state. However, the department may adopt regulations which prescribe conditions under which a color additive may be used in this state which are no less stringent than regulations promulgated under the federal act.

(6)  All special dietary use regulations and their amendments adopted under

authority of the federal act are the special dietary use regulations in this state. However, the department may, if it finds it necessary to inform purchasers of the value of a food for special dietary use, prescribe special dietary use regulations which are no less stringent than regulations promulgated under the federal act.

(7)  All regulations and their amendments adopted under the federal Fair

Packaging and Labeling Act shall be the regulations in this state. However, the department may, if it finds it necessary in the interest of consumers, prescribe packaging and labeling regulations for consumer commodities which are no less stringent than regulations promulgated under such Fair Packaging and Labeling Act, but no such regulations shall be promulgated which are contrary to the labeling requirements for the net quantity of contents required pursuant to the Fair Packaging and Labeling Act, 15 U.S.C. sec. 1453, and the regulations promulgated thereunder.

(8)  All regulations establishing standards of identity and composition for

meat and meat food products and their amendments adopted under the Federal Meat Inspection Act, as amended, 21 U.S.C. secs. 603-623, are the established standards of identity and composition for meat and meat food products in this state. However, the department may, if it finds it necessary in the interest of consumers, adopt additional regulations establishing standards of identity and composition for meat and meat food products which are no less stringent than regulations promulgated under the Federal Meat Inspection Act.

(9) (a)  A federal regulation automatically adopted pursuant to this part 4

takes effect in this state on the date it becomes effective as a federal regulation. The department shall publish all other proposed regulations thirty days prior to hearing thereon. A person who may be adversely affected by a regulation may file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a federal regulation automatically adopted stays the effect of the regulation in this state.

(b)  If no substantial objections are received and no hearing is requested

within thirty days after publication of a proposed regulation, it shall take effect on a date set by the department. The effective date shall be at least sixty days after the time for filing objections has expired.

(c)  If substantial objections are made to a federal regulation within thirty

days after it is automatically adopted or to a proposed regulation within thirty days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on the issues raised by the objections. Any interested person or his representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on substantial evidence in the record of the hearing. If the order concerns a federal regulation, it may reinstate, rescind, or modify such regulation. If the order concerns a proposed regulation, it may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least sixty days after publication of the order.

Source: L. 57: p. 439, � 19. CRS 53: � 66-22-19. C.R.S. 1963: � 66-20-19. L.

70: pp. 209, 210, �� 13, 14. L. 2020: (1) and (8) amended, (HB 20-1402), ch. 216, p. 1054, � 54, effective June 30.

C.R.S. § 25-5-502

25-5-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Banned hazardous substance means:


(a) (I)  Any toy, or other article intended for use by children, which is a

hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted.

(II)  The department shall exempt by regulation articles, such as chemical

sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings. Proceedings for the issuance, amendment, or repeal of exemption regulations shall be governed by the provisions of section 25-5-508.

(b)  Any hazardous substance intended, or packaged in a form suitable, for

use in the household which the department by regulation classifies as a banned hazardous substance on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this article for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels of commerce.

(2)  Combustible means any substance which has a flash point above eighty

degrees Fahrenheit to and including one hundred and fifty degrees, as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department.

(3)  Commerce means any and all commerce within the state of Colorado,

and subject to the jurisdiction thereof, and includes the operation of any business or service establishment.

(4)  Corrosive substance means any substance which, in contact with living

tissue, will cause destruction of tissue by chemical action but shall not refer to action on inanimate surfaces.

(5)  Department means the department of public health and environment.


(6)  Electrical hazard means an article, the design or manufacture of which,

in normal use or when subjected to reasonably foreseeable damage or abuse, may cause personal injury or illness by electric shock.

(7)  Executive director means the executive director of the department of

public health and environment.

(8)  Extremely flammable substance is a substance which has a flash point

at or below twenty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department.

(9)  Flammable substance is a substance which has a flash point above

twenty degrees Fahrenheit to and including eighty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by the methods generally applicable to such materials or containers and established by regulation issued by the department.

(10) (a)  Hazardous substance means any substance or mixture of

substances which:

(I)  Is toxic;


(II)  Is corrosive;


(III)  Is an irritant;


(IV)  Is a strong sensitizer;


(V)  Is flammable or combustible; or


(VI)  Generates pressure through decomposition, heat, or other means, if such

substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(b)  Hazardous substance also means:


(I)  Any substances which the department by regulation finds, pursuant to the

provisions of section 25-5-508, meet the requirements of paragraph (a) of this subsection (10);

(II)  Any radioactive substance, if, with respect to such substance as used in a

particular class of article or as packaged, the department determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this article in order to protect the public health;

(III)  Any toy or other article intended for use by children which the

department by regulation determines, in accordance with section 25-5-508, presents an electrical, mechanical, or thermal hazard.

(c)  The term hazardous substance shall not apply to an economic poison

subject to regulation by the federal government; to a substance regulated by the Pesticide Act; to food, drugs, and cosmetics subject to regulation by the federal government or the Colorado Food and Drug Act; or to anhydrous ammonia as an agricultural fertilizer as regulated by article 13 of title 35, C.R.S. Hazardous substance shall not include a substance intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house or any source material, special nuclear material, or byproduct material as defined in the federal Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the atomic energy commission.

(11) (a)  Highly toxic means any substance which falls within any of the

following categories:

(I)  Produces death within fourteen days in one-half or more than one-half of

a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or

(II)  Produces death within fourteen days in one-half or more than one-half of

a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or

(III)  Produces death within fourteen days in one-half or more than one-half of

a group of ten or more rabbits tested in a dosage of two hundred milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for twenty-four hours or less.

(b)  If the department finds that available data on human experience with any

substance indicate results different from those obtained on animals in the above-named dosages or concentrations, the human data shall take precedence.

(12)  Irritant means any substance not corrosive within the meaning of

subsection (4) of this section which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.

(13)  Label means a display of written, printed, or graphic matter upon the

immediate container (not including package liners) of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement made by or under authority of this part 5 that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and on all accompanying literature where there are directions for use, written or otherwise.

(14)  Mechanical hazard means an article, the design or manufacture of

which, in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness from fracture, fragmentation, or disassembly of the article; from propulsion of the article or any part or accessory thereof; from points or other protrusions, surfaces, edges, openings, or closures of the article; from moving parts of the article; from lack or insufficiency of controls to reduce or stop the motion of the article; as a result of self-adhering characteristics of the article; because the article, or any part or accessory thereof, may be aspirated or ingested; because of the instability of the article; or because of any other aspect of the article's design or manufacture.

(15)  Misbranded hazardous substance means a hazardous substance

(including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to section 25-5-508, fails to bear a label:

(a)  Which states conspicuously:


(I)  The name and place of business of the manufacturer, packer, distributor,

or seller;

(II)  The common or usual name or the chemical name (if there be no common

or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the department by regulation permits or requires the use of a recognized generic name;

(III)  The signal word DANGER on substances which are extremely

flammable, corrosive, or highly toxic;

(IV)  The signal word WARNING or CAUTION on all other hazardous

substances;

(V)  An affirmative statement of the principal hazard or hazards, such as

Flammable, Combustible, Vapor Harmful, Causes Burns, Absorbed Through Skin, or similar wording descriptive of the hazard;

(VI)  Precautionary measures describing the action to be followed or avoided,

except when modified by regulation of the department pursuant to section 25-5-508;

(VII)  Instruction, when necessary or appropriate, for first-aid treatment;


(VIII)  The word poison for any hazardous substance which is highly toxic;


(IX)  Instructions for handling and storage of packages which require special

care in handling or storage; and

(X)  The statement Keep out of the reach of children or its practical

equivalent or, if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.

(b)  On which any statement required under paragraph (a) of this subsection

(15) is located prominently and is in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.

(16)  Person means an individual, partnership, corporation, or association or

its legal representative or agent.

(17)  Radioactive substance means a substance which emits ionizing

radiation.

(18)  Strong sensitizer means a substance which will cause, on normal living

tissue, through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the department. Before designating any substance as a strong sensitizer, the department, upon consideration of frequency of occurrence and severity of the reaction, shall find that the substance has significant potential for causing hypersensitivity.

(19)  Thermal hazard means an article, the design, or manufacture of which,

in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness because of heat, as from heated parts, substances, or surfaces.

(20)  Toxic shall apply to any substance (other than a radioactive

substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface.

Source: L. 73: R&RE, p. 697, � 1. C.R.S. 1963: � 66-21-2. L. 94: (5) and (7)

amended, p. 2778, � 484, effective July 1.

Cross references: (1)  For the Pesticide Act, see article 9 of title 35; for the

Colorado Food and Drug Act, see part 4 of this article 5; for the federal Atomic Energy Act of 1954, see 42 U.S.C. � 2011 et seq.

(2)  For the legislative declaration contained in the 1994 act amending

subsections (5) and (7), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-7-109

25-7-109. Commission to adopt emission control regulations - rules. (1) (a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls:

(I)  For each significant source or category of significant sources of air

pollutants;

(II)  For each type of facility, process, or activity which produces or might

produce significant emissions of air pollutants.

(b)  The requirements and prohibitions contained in such regulations shall be

set forth with as much specificity and clarity as is practical. Upon adoption of an emission control regulation under subparagraph (II) of paragraph (a) of this subsection (1) for the control of a specific facility, process, or activity, such regulation shall apply to the exclusion of other emission control regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1); prior to such adoption, the general regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1) shall be applicable to such facility, process, or activity. In the formulation of each emission control regulation, the commission shall take into consideration the following:

(I)  The state policy regarding air pollution, as set forth in section 25-7-102;


(II)  Federal recommendations and requirements;


(III)  The degree to which altitude, topography, climate, or meteorology in

certain portions of the state require that emission control regulations be more or less stringent than in other portions of the state;

(IV)  The degree to which any particular type of emission is subject to

treatment and the availability, technical feasibility, and economic reasonableness of control techniques;

(V)  The extent to which the emission to be controlled is significant;


(VI)  The continuous, intermittent, or seasonal nature of the emission to be

controlled;

(VII)  The economic, environmental, and energy costs of compliance with such

emission control regulation;

(VIII)  Whether an emission control regulation should be applied throughout

the entire state or only within specified areas or zones of the state, and whether it should be applied only when a specified class or type of pollution is concerned.

(2)  Such emission control regulations may include, but shall not be limited

to, regulations pertaining to:

(a)  Visible pollutants;


(b)  Particulates;


(c)  Sulfur oxides, sulfuric acids, organic sulfides, hydrogen sulfide, nitrogen

oxides, carbon oxides, hydrocarbons, fluorides, and any other chemical substance;

(d)  Odors, except for livestock feeding operations that are not housed

commercial swine feeding operations as defined in section 25-8-501.1 (2)(b);

(e)  Open burning activity;


(f)  Organic solvents;


(g)  Photochemical substances;


(h)  Hazardous air pollutants and toxic air contaminants, as defined in section

25-7-109.5 (1)(i).

(3)  Emission control regulations adopted pursuant to this section shall

include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities:

(a)  Incinerator and incinerator design;


(b)  Storage and transfer of petroleum products and any other volatile

organic compounds;

(c)  Activities which frequently result in particulate matter becoming

airborne, such as construction and demolition operations;

(d)  Specifications, prohibitions, and requirements pertaining to fuels and fuel

additives, such as tetraethyl lead;

(e)  Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt plants,

and any other industrial or commercial activity which tends to emit air pollutants as a by-product;

(f)  Industrial process equipment;


(g)  Industrial spraying operations;


(h)  Airplanes;


(i)  Diesel-powered machines, vehicles, engines, and equipment;


(j)  Storage and transfer of volatile compounds and hazardous or toxic gases

or other hazardous substances which may become airborne.

(4)  The commission shall promulgate appropriate regulations pertaining to

hazardous air pollutants.

(5)  The commission shall promulgate appropriate regulations setting

conditions and time limitations for periods of start-up, shutdown, or malfunction or other conditions which justify temporary relief from controls. Operations of any air pollution source during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance or compliance test.

(6)  The commission shall establish test methods and procedures for

determining compliance with emission control regulations promulgated under this section and, in so doing, shall, to the maximum degree consistent with the purposes of this article, consider the test methods and procedures established by the United States environmental protection agency and shall adopt such test methods and procedures as shall minimize the possibility of inconsistency or duplication of effort.

(7)  All regulations promulgated pursuant to this section shall conform with

the provisions of part 5 of this article concerning asbestos control.

(8) (a)  Notwithstanding any other provision of this section, the commission

shall not regulate emissions from agricultural, horticultural, or floricultural production such as farming, seasonal crop drying, animal feeding operations that are not housed commercial swine feeding operations as defined in section 25-8-501.1 (2)(b), and pesticide application; except that the commission shall regulate such emissions if they are major stationary sources, as that term is defined in 42 U.S.C. sec. 7602 (j), or are required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program), or are participating in the early reduction program of section 112 of the federal act, or is not required by section 111 of the federal act, or is not required for sources to be excluded as a major source under this article.

(b)  Nothing in paragraph (a) of this subsection (8), as amended by House Bill

05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(9) (a)  The commission shall adopt a procedure consistent with the federal

environmental protection agency requirements for determining when there has been a net significant emissions increase which results in a major modification that subjects a source to the permitting requirements of the prevention of significant deterioration program or the nonattainment area new source review. The commission's procedure shall also prohibit sources from circumventing the new source review requirements in a manner consistent with the federal environmental protection agency guidance. Such procedure shall be the same for both the prevention of significant deterioration program and the nonattainment area new source review program and shall not apply to hazardous air pollutants. Such net emissions increase procedure shall be as described in paragraph (b) of this subsection (9), unless and until the federal environmental protection agency requires otherwise or unless after January 1, 1998, the commission:

(I)  Undertakes a collaborative process with the affected industries to

determine the cost and emission impacts associated with any proposed changes in this procedure;

(II)  Reviews at least three years of emissions increases and decreases under

the procedures described in paragraph (b) of this subsection (9);

(III)  Delivers reports on the matters required in subparagraphs (I) and (II) of

this paragraph (a) to the general assembly for its review;

(IV)  Determines through rule-making that an applicability procedure for

major modifications more stringent than that described in paragraph (b) of this subsection (9) is equitable when considering minor, area, and mobile source controls; and

(V)  Determines through rule-making that such more stringent applicability

procedure is necessary to attain and to maintain the national ambient air quality standards.

(b)  The procedure for determining when there has been a net significant

emissions increase shall be consistent with requirements of the federal environmental protection agency and:

(I)  Such requirements shall apply only if there is, in the first instance, a

significant emissions increase from an individual proposed project or modification. If the individual proposed project or modification will not result in a significant emissions increase, it shall be exempt from the prevention of significant deterioration program and the nonattainment area new source review requirements.

(II)  If a project or modification is not exempt under subparagraph (I) of this

paragraph (b), each pollutant for which the project results in a significant emissions increase shall be subject to the prevention of significant deterioration program or the nonattainment area new source review requirements only if the sum of all source-wide, non-de minimis, contemporaneous, and creditable emissions increases and decreases of that pollutant or that regulated precursor exceed applicable significance levels. Each specific regulated precursor shall be considered independently in determining applicable significance levels.

(III)  In determining the non-de minimis net emissions increase during the

contemporaneous period, the commission's procedures shall be consistent with the federal environmental protection agency's review procedure for determining net emissions increases and decreases. Non-de minimis increases shall exclude all increases which would be exempt under commission rules from a requirement to obtain a construction permit under section 25-7-114.2.

(10) (a)  The commission shall adopt rules to minimize emissions of methane

and other hydrocarbons, volatile organic compounds, and oxides of nitrogen from oil and natural gas exploration and production facilities and natural gas facilities in the processing, gathering and boosting, storage, and transmission segments of the natural gas supply chain.

(b) (I)  The commission shall review its rules for oil and natural gas well

production facilities and compressor stations and specifically consider adopting more stringent provisions, including:

(A)  A requirement that leak detection and repair inspections occur at all well

production facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules;

(B)  A requirement that owners and operators of oil and gas transmission

pipelines and compressor stations must inspect and maintain all equipment and pipelines on a regular basis;

(C)  A requirement that oil and natural gas operators must install and operate

continuous methane emissions monitors at facilities with large emissions potential, at multi-well facilities, and at facilities in close proximity to occupied dwellings; and

(D)  A requirement to reduce emissions from pneumatic devices. The

commission shall consider requiring oil and gas operators, under appropriate circumstances, to use pneumatic devices that do not vent natural gas.

(II)  The commission may, by rule, phase in the requirement to comply with

this subsection (10)(b) on the bases of production capability, type and age of oil and gas facility, and commercial availability of continuous monitoring equipment. If the commission phases in the requirement to comply with this subsection (10)(b), it shall increase the required frequency of inspections at facilities that are subject to the phase-in until the facilities achieve continuous emission monitoring.

(c)  Notwithstanding the grant of authority to the energy and carbon

management commission in article 60 of title 34, including specifically section 34-60-105 (1), the commission may regulate air pollution from oil and gas facilities listed in subsection (10)(a) of this section, including during preproduction activities, drilling, and completion.

(d)  On or before August 31, 2026, the division shall propose rules designed to

reduce emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations, as defined by the commission by rule, including preproduction operations, between May 1 and September 30 in the eight-hour ozone control area and northern Weld county, as those terms are defined by the commission by rule, by fifty percent by 2030 relative to 2017 NOx emission levels. NOx emission levels are characterized by the most recent state inventory of NOx emissions for 2017 that the commission adopted for the purpose of inclusion in the state implementation plan for the 2015 eight-hour ozone national ambient air quality standard or as published concurrently with proposed rules consistent with this subsection (10)(d) in a notice of proposed rule-making published in accordance with section 25-7-110 (1).

Source: L. 79: Entire article R&RE, p. 1025, � 1, effective June 20. L. 87: (7)

added, p. 1151, � 3, effective July 1. L. 92: (2)(h) amended and (8) added, p. 1177, � 12, effective July 1. L. 94: (9) added, p. 1418, � 1, effective May 25. Initiated 98: (2)(d) and (8) amended, effective upon proclamation of the Governor, December 30, 1998. L. 2005: (8) amended, p. 348, � 4, effective August 8. L. 2019: (10) added, (SB 19-181), ch. 120, p. 502, � 3, effective April 16. L. 2022: (2)(c) and (2)(h) amended, (HB 22-1244), ch. 332, p. 2332, � 3, effective June 2. L. 2023: (10)(c) amended, (SB 23-285), ch. 235, p. 1254, � 27, effective July 1. L. 2024: (10)(d) added, (SB 24-229), ch. 183, p. 986, � 2, effective May 16.

Editor's note: Subsections (2)(d) and (8) were amended by an initiated

measure that was adopted by the people at the general election held November 3, 1998. The measure amending subsections (2)(d) and (8) was effective upon proclamation of the Governor, December 30, 1998. The vote count on the measure at the general election held November 3, 1998, was as follows:

FOR:  790,852


AGAINST:  438,873


Cross references: For the legislative declaration in HB 22-1244, see section 1

of chapter 332, Session Laws of Colorado 2022. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.

C.R.S. § 25-7-114.5

25-7-114.5. Application review - public participation. (1) Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application.

(2)  The division shall evaluate permit applications to determine, for

construction permits, whether operation of the proposed new source at the date of start-up and for operating permits, whether the permitted emissions, will comply with all applicable emission control regulations, regulations for the control of hazardous pollutants, and requirements of part 2 or 3 of this article.

(3)  The division shall also determine whether applications are for a new

source activity that may have an impact upon areas which, as of the projected new source start-up date, are in compliance with national ambient air quality standards as of the date of the permit application or for new source activity that may have an impact upon areas which, as of the projected new source start-up date, are not in compliance with national ambient air quality standards as of the date of the permit application. In implementing this subsection (3), the division may consider more stringent methods for new sources of oxides of nitrogen in disproportionately impacted communities in the area designated nonattainment for ozone by the United States environmental protection agency.

(4)  The division shall prepare its preliminary analysis regarding compliance,

as set forth in subsection (2) of this section, and regarding the impact on attainment or nonattainment areas, as set forth in subsection (3) of this section, as expeditiously as possible. For construction permits not subject to part 2 of this article, such preliminary analysis shall be completed no later than sixty calendar days after receipt of a completed permit application. Applicants must be advised within sixty calendar days after receipt of any application, or supplement thereto, if and in what respects the subject application is incomplete. Upon failure of the division to so notify the applicant within sixty calendar days of its filing, the application shall be deemed complete. Applications for construction permits subject to part 2 of this article shall be approved or disapproved within twelve months of receipt of a complete application. Applications for renewable operating permits shall be approved or disapproved within eighteen months after the receipt of the completed permit application; except that those applications submitted within the first year after the effective date of the operating permit program shall be subject to a phased schedule for acting on such permit applications established by the division. The phased schedule shall assure that at least one-third of such permits will be acted on by the division annually over a three-year period. The commission may establish a phased schedule for acting on applications for which a deferral has been granted pursuant to the federal act. A timely and complete permit application operates as a defense to enforcement action for operating without a permit for the period of time during which the division or the commission is reviewing the application and until such time as the division or the commission makes a final determination on the permit application; except that this defense to an enforcement action shall not be available to an applicant which files a fraudulent application.

(5)  For those types of projects or activities for which a construction permit

application has been filed, defined, or designated by the commission as warranting public comment with respect thereto, the division shall, within fifteen calendar days after it has prepared its preliminary analysis, give public notice of the proposed project or activity by at least one publication in a newspaper of general distribution in the area in which the proposed project or activity, or a part thereof, is to be located or by such other method that is reasonably designed to ensure effective general public notice. The division shall also during such period of time maintain in the office of the county clerk and recorder of the county in which the proposed project or activity, or a part thereof, is located a copy of its preliminary analysis and a copy of the application with all accompanying data for public inspection. The division shall receive and consider public comment thereon for a period of thirty calendar days thereafter.

(6) (a)  For any construction permit application subject to the requirements of

a new or modified major source in a nonattainment area, or for prevention of significant deterioration as provided in part 2 of this article, or for any application for a renewable operating permit, within fifteen calendar days after the issuance of its preliminary analysis, the division shall:

(I)  Forward to the applicant written notice of the applicant's right to a formal

hearing before the commission with respect to the application; and

(II)  Give public notice of the proposed source or modification and the

division's preliminary analysis thereof by at least one publication in a newspaper of general distribution in the area of the proposed source or modification, or by such other method that is reasonably designed to ensure effective general public notice. Such notice shall advise of the opportunity for a public hearing for interested persons to appear and submit written or oral comments to the commission on the air quality impacts of the source or modification, the alternatives to the source or modification, the control technology required, if applicable, and other appropriate considerations. Any such notice shall be printed prominently in at least ten-point bold-faced type. The division shall receive and consider any comments submitted.

(b)  If within thirty calendar days of publication of such public notice the

applicant or an interested person submits a written request for a public hearing to the division, the division shall transmit such request to the commission along with the application, the division's preliminary analysis, and any written comments received by the division, within five calendar days of the end of such thirty-day period. The commission shall, within sixty calendar days after receipt of the application, comments, and analysis, unless such greater time is agreed to by the applicant and the division, hold a public hearing to elicit and record the comment of any interested person regarding the sufficiency of the preliminary analysis and whether the permit application should be approved or denied. At least thirty calendar days prior to such public hearing, notice thereof shall be mailed by the commission to the applicant, printed in a newspaper of general distribution in the area of the proposed source or modification, and submitted for public review with the county clerk and recorder of the county wherein the project or activity is proposed.

(7) (a)  Within thirty calendar days following the completion of the division's

preliminary analysis for applications for construction permits not subject to part 2 of this article, or within thirty calendar days following the period for public comment provided for in subsection (5) of this section, or for applications for construction permits subject to part 2 of this article and for renewable operating permits, if a hearing is held, within the appropriate time period established pursuant to this article, the division or the commission, as the case may be, shall grant or deny the permit application. Any permit required pursuant to this article shall be granted by the division or the commission, as the case may be, if it finds that:

(I)  The source or activity will meet all applicable emission control regulations

and regulations for the control of hazardous air pollutants;

(II)  The source or activity will meet the requirements of part 2 or 3 of this

article, if applicable;

(III)  For construction permits, the source or activity will meet any applicable

ambient air quality standards and all applicable regulations;

(III.5)  For renewable operating permits, the source or activity will meet all

applicable regulations; and

(IV)  For renewable operating permits, the United States environmental

protection agency has not made a timely objection to issuance of such permit pursuant to the federal act.

(b)  Failure of the division or commission, as the case may be, to grant or deny

the permit application or permit renewal application within the time prescribed shall be treated as a final permit action for purposes of obtaining judicial review in the district court in which the source is located, to require that action be taken on such application by the commission or division, as appropriate, without additional delay. Notwithstanding any other provision to the contrary, judicial review of the division's failure to grant or deny a renewable operating permit required by Title V of the federal act is available until the division grants or denies the permit.

(c)  If an applicant has submitted a timely and complete application for a

renewable operating permit required by this article, including renewals, but final action has not been taken on such application, and, if required to have a construction permit, such construction permit is in place and valid, the source's failure to have a renewable operating permit shall not be a violation of this article, unless the delay in final action was due to the failure of the applicant to timely submit information required or requested by the division to process the application.

(8)  If the division denies a permit or imposes conditions upon the issuance of

a permit which are contested by the applicant or if the division revokes a permit pursuant to subsection (12) of this section, the applicant may request a hearing before the commission. The hearing shall be held in accordance with sections 25-7-119 and 24-4-105, C.R.S. The commission may, after review of the evidence presented at the hearing, affirm, reverse, or modify the decision of the division but shall, in any event, assure that all the requirements of subsections (6) and (7) of this section are met.

(9)  Renewable operating permits shall summarize existing operating

restrictions pursuant to section 25-7-114.4 (3).

(10)  A permit amendment will not be required to authorize a change in

practice which is otherwise permitted pursuant to this article, the state implementation plan, or the federal act merely because an existing permit does not address the practice. Changes in industrial practices and procedures that are not inconsistent with the terms of a renewable operating permit can be made without seeking any change to the terms of said permit.

(11)  An order of the division or commission shall be final upon issuance. Any

participant in the public comment process and any other person who could obtain judicial review under applicable law shall have standing for purposes of seeking review of any final order of the commission or division regarding applications, renewals, or revisions of any permits. The public participation requirements of subsections (5) and (6) of this section shall apply to all renewable operating permit applications, revisions, and renewals.

(12) (a)  A permitted entity shall notify the division within fifteen days after

the commencement of any activity for which a construction permit has been issued. Within one hundred eighty days after commencement of operation for which a construction permit has been issued, the source shall demonstrate to the division compliance with the terms and conditions of the construction permit or the division may, pursuant to rules that are adopted by the commission based upon the results of the study conducted under section 25-7-114.7 (2)(a)(V), inspect the project or activity to determine whether or not the terms and conditions of the construction permit have been properly satisfied. At the end of one hundred eighty days after the commencement of operation, the division must:

(I)  Revoke the construction permit; or


(II)  Continue the construction permit, if applicable; or


(III)  Notify the owner or operator that the source has demonstrated

compliance with the construction permit.

(b)  For those sources subject to the renewable operating permit program, a

renewable operating permit will be issued within the appropriate time periods if all requirements for a renewable operating permit are met by the source. The construction permit requirements shall remain in effect until the renewable operating permit is issued.

(12.5) (a) (I)  Except for sources involved in agricultural, horticultural, or

floricultural production such as farming, seasonal crop drying, animal feeding, or pesticide application, upon determination by the division that the criteria set forth in subsection (12.5)(b) of this section applies to a source that is not required to obtain a renewable operating permit, the division may reopen such construction permit for the purpose of imposing any or all of the following additional terms and conditions:

(A)  Enhanced record-keeping requirements;


(B)  Enhanced emissions and ambient monitoring requirements;


(C)  Operating and maintenance requirements;


(D)  Emission control requirements pursuant to section 25-7-109.3; and


(E)  Additional monitoring requirements for sources affecting

disproportionately impacted communities.

(II)  Any such condition which is contested by the permittee may be reviewed

by the commission in accordance with the provisions of subsection (7) of this section.

(b)  With the exception of those sources involved in agricultural, horticultural,

or floricultural production such as farming, seasonal crop drying, animal feeding, and pesticide application, a source's construction permit may be reopened for cause for the purposes of subsection (12.5)(a) of this section only upon a determination by the division that the location of the source is significant in terms of its proximity to residential or business areas or a disproportionately impacted community, and one or more of the following criteria apply to the permitted source:

(I)  The control equipment utilized by the source requires an unusually high

degree of maintenance or operational sensitivity when compared to control equipment in general;

(II)  The design characteristics of the source require an unusually high degree

of maintenance or operational sensitivity when compared to the design characteristics of all sources in general;

(III)  The application of the control equipment utilized is unique or untested;


(IV)  The operational variability of the source may impact the effectiveness of

the controls;

(V)  The emissions from the source will threaten public health, as determined

pursuant to section 25-7-109.3; or

(VI)  The emissions from the source will affect a disproportionately impacted

community.

(c)  Nothing in paragraph (a) or (b) of this subsection (12.5), as amended by

House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(13)  The commission shall, wherever practicable, promulgate regulations for

renewable operating permit application requirements that combine requirements for construction permits with renewable operating permits to avoid duplicative efforts by the source and the division.

(14)  (Deleted by amendment, L. 2010, (HB 10-1042), ch. 209, p. 909, � 3,

effective September 1, 2010.)

(15)  Repealed.


(16) (a)  If the division experiences a backlog in processing air quality permit

applications and the department determines or reasonably expects that, as a result, permits would not be issued within statutory time frames, the division shall make available to sources that are not subject to permitting under part C of the federal act the option to have the permit application or the air quality modeling, or both, that is submitted with the applicant's air permit application reviewed for acceptance as demonstrating compliance by a contract consultant selected by the division in lieu of the review being conducted by division staff. The division may also enter into contracts to support the division's air quality permit programs, including the division's general permit program, and modeling to support the air quality permit programs.

(b)  The division shall select and contract with qualified nongovernmental air

quality consultants, modeling experts, or both to perform permit application reviews, air quality modeling reviews, or other work to support the division's air quality permit programs. The division is not subject to the requirements of the Procurement Code, articles 101 to 112 of title 24, in selecting and contracting with the consultants, modeling experts, or both. The division shall review and exclude from consideration as a contract air quality consultant any contractors with a conflict of interest regarding air quality permit applications or modeling. Applicants that choose consultant review of their air quality permit applications or modeling are responsible for both the consultant's costs associated with the review as well as the division's costs associated with the review and determination of the air permit application, to be paid to the division. The division shall transfer the money to the state treasurer, who shall credit it to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).

(c)  The division shall use the results of the modeling conducted pursuant to

subsection (16)(a) or (16)(b) of this section for purposes of the division's permit program and application analysis.

Source: L. 92: Entire section added, p. 1207, � 18, effective July 1. L. 93: (7)(a)

amended, p. 1923, � 4, effective July 1. L. 96: IP(12)(a) amended, p. 845, � 2, effective July 1; (15) repealed, p. 1258, � 154, effective August 7. L. 2005: IP(12.5)(a)(I) and IP(12.5)(b) amended and (12.5)(c) added, p. 349, � 5, effective August 8. L. 2010: (12)(a) and (14) amended, (HB 10-1042), ch. 209, p. 909, � 3, effective September 1. L. 2011: (16) added, (SB 11-235), ch. 307, p. 1507, � 1, effective June 9. L. 2021: IP(12.5)(a)(I), (12.5)(a)(I)(C), (12.5)(a)(I)(D), and (12.5)(b) amended and (12.5)(a)(I)(E) added, (HB 21-1266), ch. 411, p. 2733, � 9, effective July 2. L. 2022: (7)(b) and (16) amended, (SB 22-193), ch. 300, p. 2157, � 7, effective June 2. L. 2024: (3) amended, (SB 24-229), ch. 183, p. 992, � 7, effective May 16.

Cross references: (1)  For the legislative declaration contained in the 1996

act repealing subsection (15), see section 1 of chapter 237, Session Laws of Colorado 1996.

(2)  For the short title (Environmental Justice Act) and the legislative

declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

(3)  For the legislative declaration in SB 24-229, see section 1 of chapter 183,

Session Laws of Colorado 2024.

C.R.S. § 25-8-103

25-8-103. Definitions. As used in this article 8, unless the context otherwise requires:

(1)  Agricultural chemical means any of the following:


(a)  A pesticide as defined in section 35-10-103, C.R.S.; or


(b)  A commercial fertilizer as defined in section 35-12-103, C.R.S.


(1.1)  Agricultural management area means a designated geographic area

defined by the commissioner of agriculture that includes natural or man-made features where there is a significant risk of contamination or pollution of state waters from agricultural activities conducted at or near the land surface.

(1.2)  Agricultural management plan means any activity, procedure, or

practice adopted as a rule by the commissioner of agriculture pursuant to article 4 of title 24, in consultation with the Colorado cooperative extension service established pursuant to part 7 of article 31 of title 23 and the water quality control division, to prevent or remedy the introduction of agricultural chemicals into state waters to the extent technically and economically practical.

(1.3)  Best management practices means any voluntary activity, procedure,

or practice established by the department of agriculture, in consultation with the Colorado cooperative extension service established pursuant to part 7 of article 31 of title 23 and the water quality control division, to prevent or remedy the introduction of agricultural chemicals into state waters to the extent technically and economically practical.

(1.4)  Biosolids means the accumulated residual product resulting from a

domestic wastewater treatment works or other domestic sources. Biosolids does not include grit or screenings from a wastewater treatment works or commercial and industrial septage or on-site wastewater treatment systems regulated by article 10 of this title.

(1.5)  Commission means the water quality control commission created by

section 25-8-201.

(1.7)  Commissioner means the commissioner of agriculture.


(2)  Control regulation means any regulation promulgated by the

commission pursuant to section 25-8-205.

(3)  Discharge of pollutants means the introduction or addition of a

pollutant into state waters.

(4)  Division means the division of administration of the department of

public health and environment.

(5)  Domestic wastewater treatment works means a system or facility for

treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day. The term domestic wastewater treatment works also includes appurtenances to such system or facility, such as outfall sewers and pumping stations, and to equipment related to such appurtenances. The term domestic wastewater treatment works does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial processes are treated therein.

(6)  Effluent limitation means any restriction or prohibition established

under this article or federal law on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into state waters, including, but not limited to, standards of performance for new sources, toxic effluent standards, and schedules of compliance.

(7)  Executive director means the executive director of the department of

public health and environment.

(8)  Federal act means the Federal Water Pollution Control Act,

commonly referred to as the Clean Water Act.

(8.3) (a)  Graywater means that portion of wastewater that, before being

treated or combined with other wastewater, is collected from fixtures within residential, commercial, or industrial buildings or institutional facilities for the purpose of being put to beneficial uses authorized by the commission in accordance with section 25-8-205 (1)(g); except that graywater use for purposes of scientific research must comply with the requirements of section 25-8-205.3, but need not comply with the commission's control regulations established under section 25-8-205 (1).

(b)  Sources of graywater may include discharges from bathroom and laundry

room sinks, bathtubs, showers, laundry machines, and other sources authorized by rule. Graywater does not include the wastewater from toilets, urinals, kitchen sinks, dishwashers, or nonlaundry utility sinks. Graywater must be collected in a manner that minimizes household wastes, human excreta, animal or vegetable matter, and chemicals that are hazardous or toxic, as determined by the commission; except that a person may collect, treat, and use graywater in a manner that departs from the commission's control regulations established under section 25-8-205 (1) if the person collects, treats, and uses graywater for purposes of scientific research in accordance with the requirements of section 25-8-205.3.

(8.4)  Graywater treatment works means an arrangement of devices and

structures used to:

(a)  Collect graywater from within a building or a facility; and


(b)  Treat, neutralize, or stabilize graywater within the same building or

facility to the level necessary for its authorized uses.

(8.5)  Industrial discharger means any entity which introduces pollutants

into a domestic wastewater treatment works from any nondomestic source subject to regulation under section 307 (b), (c), or (d) of the federal act.

(9)  Irrigation return flow means tailwater, tile drainage, or surfaced

groundwater flow from irrigated land.

(10)  Issue or issuance means the mailing to all parties of any order,

permit, determination, or notice, other than notice by publication, by certified mail to the last address furnished to the agency by the person subject thereto or personal service on such person, and the date of issuance of such order, permit, determination, or notice shall be the date of such mailing or service or such later date as is stated in the order, permit, determination, or notice.

(11)  Municipality means any regional commission, county, metropolitan

district offering sanitation service, sanitation district, water and sanitation district, water conservancy district, metropolitan sewage disposal district, service authority, city and county, city, town, Indian tribe or authorized Indian tribal organization, or any two or more of them which are acting jointly in connection with a sewage treatment works.

(12)  Permit means a permit issued pursuant to part 5 of this article.


(13)  Person means an individual, corporation, partnership, association, state

or political subdivision thereof, federal agency, state agency, municipality, commission, or interstate body.

(14)  Point source means any discernible, confined, and discrete

conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Point source does not include irrigation return flow.

(15)  Pollutant means dredged spoil, dirt, slurry, solid waste, incinerator

residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste.

(16)  Pollution means the man-made, man-induced, or natural alteration of

the physical, chemical, biological, and radiological integrity of water.

(16.5)  Pretreatment requirement and standard means any requirement,

prohibition, standard, concentration, or effluent limitation described in enforceable pretreatment requirements by the commission pursuant to section 25-8-205 (1)(b), (1)(c), or (1)(d).

(17)  Promulgate means and includes authority to adopt, and from time to

time amend, repeal, modify, publish, and put into effect.

(17.5)  Reclaimed domestic wastewater means wastewater that has

received treatment in accordance with section 25-8-205.7, 25-8-205.8, or 25-8-205.9 and that enables the wastewater to meet the requirements, prohibitions, standards, and concentration limitations adopted by the commission for subsequent reuses other than drinking.

(18)  Schedule of compliance means a schedule of remedial measures and

times including an enforceable sequence of actions or operations leading to compliance with any control regulation or effluent limitation.

(19)  State waters means any and all surface and subsurface waters that

are contained in or flow in or through this state, including wetlands, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

(20)  Water quality standard means any standard promulgated pursuant to

section 25-8-204.

Source: L. 81: Entire article R&RE, p. 1311, � 1, effective July 1. L. 90: (1) R&RE

and (1.1) to (1.3), (1.5), (1.7), (8.5), and (16.5) added, pp. 1329, 1337, �� 1, 2, 1, effective July 1. L. 93: (1.4) added, p. 1578, � 1, effective July 1. L. 94: (4) and (7) amended, p. 2789, � 517, effective July 1. L. 2000: (17.5) added, p. 252, � 1, effective March 31. L. 2012: (1.4) amended, (HB 12-1126), ch. 137, p. 494, � 3, effective August 8. L. 2013: (8.3) and (8.4) added, (HB 13-1044), ch. 228, p. 1088, � 2, effective May 15. L. 2017: IP and (8.3) amended, (HB 17-1008), ch. 199, p. 722, � 1, effective August 9. L. 2018: (17.5) amended, (SB 18-038), ch. 400, p. 2365, � 1, effective August 8; (17.5) amended, (HB 18-1069), ch. 179, p. 1220, � 1, effective August 8; (17.5) amended, (HB 18-1093), ch. 171, p. 1197, � 1, effective August 8. L. 2019: (1.1), (1.2), and (1.3) amended, (SB 19-186), ch. 422, p. 3688, � 1, effective August 2. L. 2024: (19) amended, (HB 24-1379), ch. 274, p. 1823, � 3, effective May 29.

Editor's note: Amendments to subsection (17.5) by SB 18-038, HB 18-1069,

and HB 18-1093 were harmonized.

Cross references: (1)  For the Federal Water Pollution Control Act or Clean

Water Act, see 33 U.S.C. � 1251 et seq.

(2)  For the legislative declaration contained in the 1994 act amending

subsections (4) and (7), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2013 act adding subsections (8.3) and (8.4), see section 1 of chapter 228, Session Laws of Colorado 2013.

C.R.S. § 25-8-205.5

25-8-205.5. Pollution from agricultural chemicals - rules. (1) Legislative declaration. The general assembly hereby declares that the public policy of this state is to protect state waters and the environment from impairment or degradation due to the improper use of agricultural chemicals while allowing for their proper and correct use, in particular, to provide for the management of agricultural chemicals to prevent, minimize, and mitigate their presence in state waters and to provide for the education and training of agricultural chemical applicators and the general public regarding the protection of state waters, agricultural chemical use, and the use of other agricultural methods.

(2)  Repealed.


(3)  Powers and duties of the commissioner of agriculture. (a)  The

commissioner of agriculture shall identify agricultural management areas in the state.

(b)  The commissioner shall promulgate rules for the following:


(I)  Facilities for the storage of pesticides in bulk, except for facilities storing

pesticides used for water treatment at public water systems, which are systems used to provide the public with piped water for human consumption, and domestic wastewater treatment works;

(II)  Mixing and loading areas where any of the following are handled in any

one-year period:

(A)  Five hundred gallons or more, in the aggregate, of formulated product or

combination of formulated products of liquid pesticides;

(B)  Three thousand pounds or more, in the aggregate, of formulated product

or combination of formulated products of dry pesticides;

(C)  One thousand five hundred pounds or more, in the aggregate, of active

ingredients of pesticides;

(III)  Storage facilities where any liquid fertilizer is stored in any container or

series of interconnected containers having a capacity greater than five thousand gallons;

(IV)  Storage facilities where fifty-five thousand pounds or more, in the

aggregate, of formulated product or combination of formulated products of bulk dry fertilizer are stored;

(V)  Mixing and loading areas at any storage facility subject to the provisions

of this section.

(b.1)  No rule promulgated pursuant to paragraph (b) of this subsection (3)

shall apply to any field mixing and loading of agricultural chemicals.

(b.2)  Every rule promulgated pursuant to paragraph (b) of this subsection (3)

shall include a three-year phase-in period after promulgation of the rule for persons subject to the rule.

(b.3)  Pursuant to paragraph (h) of this subsection (3), the commissioner is

authorized to enforce rules promulgated pursuant to paragraph (b) of this subsection (3).

(c)  The commissioner may, in his discretion, develop best management

practices for any other activity relating to the use of any agricultural chemical.

(d)  If the commissioner determines that the use of best management

practices is ineffective or insufficient to prevent or mitigate the pollution of state waters, the commissioner may require, by rule adopted pursuant to article 4 of title 24, the use of agricultural management plans.

(e)  The commissioner is authorized to adopt, pursuant to article 4 of title 24,

C.R.S., any other reasonable rules and regulations for the administration and implementation of this section.

(f)  The commissioner is authorized to enter into an agreement with the

Colorado cooperative extension service to provide training and education as specified in subsection (4) of this section.

(g)  The commissioner shall perform the monitoring specified in subsection

(5) of this section. The commissioner shall enter into an agreement with the department of public health and environment to assist in the identification of agricultural management areas and to perform analysis, interpretation, and reporting of state waters monitoring data supplied by the commissioner.

(h)  With respect to any rule or regulation adopted pursuant to paragraph (b)

of this subsection (3) only, the commissioner shall have the following investigation and enforcement powers:

(I)  At any reasonable time during regular business hours, the commissioner

shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:

(A)  To all areas, buildings, yards, warehouses, and storage facilities in which

any agricultural chemicals are kept, stored, handled, processed, or transported; and

(B)  To all records, if any, required to be kept and to make copies of such

records.

(II)  The commissioner shall have full authority to administer oaths and take

statements, to issue administrative subpoenas requiring the attendance of witnesses before him and the production of all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.

(III)  Any complaints of record made to the commissioner and the results of

his investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on any such person subject to a rule or regulation adopted pursuant to paragraph (b) of this subsection (3).

(IV) (A)  Whenever the commissioner has reasonable cause to believe that a

violation of any rule or regulation adopted pursuant to paragraph (b) of this subsection (3) has occurred and immediate enforcement is deemed necessary, he may issue a cease-and-desist order, which may require any person to cease violating any such rule or regulation. Such cease-and-desist order shall set forth the rule or regulation alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.

(B)  At any time after the date of the service of the order to cease and desist,

the person may request a hearing on the question of whether or not such violation has occurred. Such hearing shall be concluded in not more than ten days after such request, excluding Saturdays, Sundays, and any legal holidays, and shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S.

(C)  In the event that any person fails to comply with a cease-and-desist order

within twenty-four hours, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further or continued violation of such order.

(D)  No stay of a cease-and-desist order shall be issued before a hearing

thereon involving both parties.

(E)  Matters brought before a court pursuant to this section shall have

preference over other matters on the court's calendar.

(V)  Whenever the commissioner possesses evidence satisfactory to him that

any person has engaged in or is about to engage in any act or practice constituting a violation of any rule or regulation adopted pursuant to paragraph (b) of this subsection (3), he may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with the rule or regulation. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.

(VI) (A)  Any person who violates any rule or regulation adopted pursuant to

paragraph (b) of this subsection (3) is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation. Each day the violation occurs shall constitute a separate violation.

(B)  No civil penalty may be imposed unless the person charged is given

notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(C)  If the commissioner is unable to collect such civil penalty or if any person

fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.

(D)  Before imposing any civil penalty, the commissioner may consider the

effect of such penalty on the ability of the person charged to stay in business.

(4)  Training and education. The Colorado cooperative extension service,

acting in cooperation with the commissioner of agriculture and pursuant to any contract authorized in paragraph (f) of subsection (3) of this section, shall disseminate information and provide training regarding agricultural management areas, best management practices, and agricultural management plans.

(5)  Monitoring. Pursuant to the commissioner's duties as set forth in any

contract authorized in subsection (3)(g) of this section, the commissioner shall identify agricultural management areas and shall conduct monitoring programs to determine:

(a)  The presence of any agricultural chemical in state waters at a level that

meets or exceeds any water quality standard applicable under this article 8 or that has a reasonable likelihood of meeting or exceeding any such standard; or

(b)  The likelihood that an agricultural chemical will enter the state waters,

based upon the existence of sufficient, valid scientific data that reasonably predict the behavior of a particular agricultural chemical in the soil.

(6)  Reporting of monitoring results - regulation. (a)  If the division

determines that any agricultural chemical exists at a level which meets or exceeds any water quality standard or which has a reasonable likelihood of meeting or exceeding any such standard, it shall so notify the commissioner of agriculture and shall provide him with any written reports it deems necessary or desirable to define the extent of such occurrence. When the commissioner has been notified of such an occurrence related to an agricultural chemical which is registered as a pesticide, he shall take reasonable steps to notify the registrant of any such pesticide. When the commissioner has been notified of such an occurrence related to any other agricultural chemical, he shall take reasonable steps to notify the distributors of such chemical in the area affected by such occurrence.

(b)  Unless such occurrence is determined by the commissioner of agriculture

and the water quality control commission to require a control regulation as set forth in paragraph (c) of this subsection (6), the commissioner of agriculture may promulgate rules and regulations regarding the use of any agricultural chemical giving rise to the occurrence.

(c)  If continued monitoring reveals that rules and regulations adopted by the

commissioner pursuant to this section are not preventing or mitigating the presence of the subject agricultural chemical to the extent necessary, the commissioner of agriculture and the water quality control commission shall confer and determine whether an amendment to such rules and regulations may be sufficient to prevent or mitigate the occurrence to the extent necessary. Only if the commissioner of agriculture and the water quality control commission determine that such rules and regulations have been or will be insufficient to meet the requirements of state law or the federal act shall the occurrence be referred to the water quality control commission for the promulgation of a control regulation. In the event that the commissioner of agriculture and the water quality control commission fail to agree on such a determination, the authority of the water quality control commission shall be final.

(7)  Promulgation of control regulations. (a)  With respect to the regulation

of pollutants from agricultural chemicals, the water quality control commission is authorized to promulgate control regulations only when:

(I)  Any occurrence has been referred to the commission pursuant to

subsection (6) of this section; or

(II)  Incentive, grant, and cooperative programs are determined by the water

quality control commission to be inadequate as set forth in section 25-8-205 (5).

(b)  Any such control regulations shall be promulgated in consultation with

the commissioner of agriculture.

(8)  Groundwater protection fund - transfer of moneys to the plant health,

pest control, and environmental protection cash fund - fees. The fees as specified and collected pursuant to sections 35-9-118 (3)(a) and 35-12-106 (1), C.R.S., and any civil fines imposed pursuant to subparagraph (VI) of paragraph (h) of subsection (3) of this section shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3, C.R.S. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the groundwater protection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(9)  Repealed.


Source: L. 90: Entire section added, p. 1330, � 4, effective July 1. L. 91: (8)

amended, p. 1918, � 41, effective June 1. L. 93: (3)(b) amended and (3)(b.1), (3)(b.2), and (3)(b.3) added, p. 996, � 1, effective June 2. L. 94: (3)(g) amended, p. 2789, � 519, effective July 1. L. 96: (9) repealed, p. 1260, � 163, effective August 7. L. 2002: (3)(g) and IP(5) amended, p. 1101, � 1, effective June 3. L. 2009: (8) amended, (HB 09-1249), ch. 87, p. 319, � 15, effective July 1. L. 2014: (3)(b)(I) amended, (SB 14-142), ch. 65, p. 289, � 1, effective March 27. L. 2019: (1), (3)(d), (3)(g), and (5) amended and (2) repealed, (SB 19-186), ch. 422, p. 3689, � 2, effective August 2.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (3)(g), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.

C.R.S. § 25-8-210

25-8-210. Fees established administratively - rules - shareholding requirement - phase-in period - clean water cash fund - creation - repeal. (1) (a) On or before October 31, 2025, the commission shall establish the following fees by rule:

(I)  Drinking water fees assessed on public water systems pursuant to section

25-1.5-209 (1), as that section existed prior to its repeal on July 1, 2026;

(II)  Commerce and industry sector permitting fees assessed pursuant to

section 25-8-502 (1.1)(b), as that section existed prior to its repeal on July 1, 2026;

(III)  Construction sector permitting fees assessed pursuant to section 25-8-502 (1.1)(c), as that section existed prior to its repeal on July 1, 2026;


(IV)  Pesticide sector permitting fees assessed pursuant to section 25-8-502

(1.1)(d), as that section existed prior to its repeal on July 1, 2026;

(V)  Public and private utilities sector permitting fees pursuant to section 25-8-502 (1.1)(e), as that section existed prior to its repeal on July 1, 2026;


(VI)  Municipal separate storm sewer system sector permitting fees pursuant

to section 25-8-502 (1.1)(f), as that section existed prior to its repeal on July 1, 2026;

(VII)  Review fees assessed pursuant to section 25-8-502 (1.2) for requests

for certification under section 401 of the federal act, as that section existed prior to its repeal on July 1, 2026;

(VIII)  Preliminary effluent limitation determination fees assessed pursuant to

section 25-8-502 (1.3)(b), as that section existed prior to its repeal on July 1, 2026;

(IX)  Wastewater site application and design review fees assessed pursuant

to section 25-8-502 (1.3)(c), as that section existed prior to its repeal on July 1, 2026;

(X)  On-site wastewater treatment system fees assessed pursuant to section

25-10-107 (3), including rules establishing the percentage of the on-site wastewater treatment system fees collected that a county may retain to cover the county's administrative costs, as that section existed prior to its repeal on July 1, 2026; and

(XI)  Biosolids management program fees assessed pursuant to section 30-20-110.5 (1), as that section existed prior to its repeal on July 1, 2026.


(b)  The commission shall set the fees and periodically adjust the fees, and

the general assembly may, by bill, annually adjust the fees, in an amount sufficient to cover the division's direct and indirect costs associated with administering and implementing the federal act, the federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., section 25-1-114.1, part 2 of article 1.5 of this title 25, this article 8, and the On-site Wastewater Treatment Systems Act, article 10 of this title 25.

(c) (I)  The fee-setting rules adopted pursuant to subsection (1)(a) of this

section must become effective on or before January 1, 2026. If the commission adopts rules authorizing the division to phase in the fee-setting rules, the division may require permit applicants, permit holders, and public water systems to pay fees as set by the fee-setting rules instead of the fees set forth in statute before July 1, 2026.

(II)  If the commission establishes a process for the division's phase in of the

fee-setting rules pursuant to subsection (1)(c)(I) of this section, the commission's rules must establish a process for the division's phase in of the fee-setting rules. The process established by rule must include notice to permit applicants, permit holders, and public water systems regarding the process, including requirements to post the process on the division's website and engage in community outreach regarding the process.

(III)  This subsection (1)(c) is repealed, effective September 1, 2027.


(d)  On or before December 31, 2025, the commission shall establish by rule

the authorization fees for the dredge and fill program, as defined in section 25-8-205.1 (3). The division shall transmit the fees collected pursuant to the commission's fee-setting rules adopted under this subsection (1)(d) to the state treasurer, who shall credit the fees to the clean water cash fund created in subsection (4) of this section.

(2) (a)  Before the commission adopts the fee-setting rules pursuant to

subsection (1)(a) of this section or adopts any subsequent adjustments to the fees, and in accordance with section 25-8-502 (1.5)(c)(I)(B), the department of public health and environment shall conduct outreach to obtain stakeholder input regarding the total funding for the division, including federal money, money from the general fund, and all cash fees.

(b)  Through the stakeholder process, the department of public health and

environment shall identify the fee revenue needed for evaluation of the feasibility of treatment methods required to meet water quality standards and other regulations adopted or proposed for adoption, including the funding needed:

(I)  To support the development of variances;


(II)  To improve permit issuance processes to increase efficiency and

facilitate the timely issuance of new permits;

(III)  For renewal permits, permit modifications, and reducing permit backlog;

and

(IV)  For the preparation of cost-benefit analyses and regulatory analyses

when required pursuant to section 24-4-103 (2.5) or (4.5) of the State Administrative Procedure Act.

(c)  In conducting stakeholder outreach, the department of public health and

environment shall discuss with stakeholders the options for setting a cap on the amount of fee increases.

(d)  Through the stakeholder process, the department of public health and

environment shall seek input from:

(I)  Owners and operators of regulated drinking water systems;


(II)  Permit holders;


(III)  County representatives;


(IV)  Representatives of other local governments;


(V)  Conservation groups;


(VI)  Environmental justice groups; and


(VII)  Community members, including members of disproportionately

impacted communities as defined in section 24-4-109 (2)(b)(II).

(e)  The department of public health and environment shall conduct outreach

to and engagement of disproportionately impacted communities pursuant to this subsection (2) in accordance with section 24-4-109 (3).

(3) (a) (I)  Upon the effective date of the rules adopted pursuant to subsection

(1)(a) of this section and until June 30, 2026, the division shall transmit:

(A)  The fees collected pursuant to the commission's fee-setting rules

adopted under subsections (1)(a)(II) to (1)(a)(XI) of this section to the state treasurer, who shall credit the fees as directed by the division, either to the clean water cash fund created in subsection (4) of this section or to the statutory fund into which such fees were transmitted before May 17, 2023; and

(B)  The fees collected pursuant to the commission's fee-setting rules

adopted under subsection (1)(a)(I) of this section to the state treasurer, who shall credit the fees to the drinking water cash fund created in section 25-1.5-209 (2).

(II)  This subsection (3)(a) is repealed, effective September 1, 2026.


(b)  On and after July 1, 2026, the division shall transmit:


(I)  The fees collected pursuant to the commission's fee-setting rules

adopted under subsections (1)(a)(II) to (1)(a)(XI) of this section to the state treasurer, who shall credit the fees to the clean water cash fund created in subsection (4) of this section; and

(II)  The fees collected pursuant to the commission's fee-setting rules

adopted under subsection (1)(a)(I) of this section to the state treasurer, who shall credit the fees to the drinking water cash fund created in section 25-1.5-209 (2).

(4) (a)  The clean water cash fund is created in the state treasury. The fund

consists of:

(I)  Fees collected pursuant to the commission's fee-setting rules adopted

pursuant to subsections (1)(a)(II) to (1)(a)(XI) of this section;

(I.2)  Fees collected pursuant to section 25-8-503.7 (3);


(I.5)  Money that the general assembly transfers to the fund pursuant to

subsection (4)(d) of this section;

(II)  Any other money that the general assembly may appropriate or transfer

to the fund; and

(III)  Any federal funds credited to the fund.


(b)  The state treasurer shall credit all interest and income derived from the

deposit and investment of money in the clean water cash fund to the fund.

(c)  The general assembly shall annually appropriate money from the sources

specified in subsections (1)(a)(I) and (1)(a)(II) of this section in the clean water cash fund to the department for use by the division for the division's administration and implementation of the federal act and this article 8.

(d)  For the 2026-27 state fiscal year and for each state fiscal year

thereafter, the state treasurer shall transfer two hundred forty-eight thousand three hundred four dollars from the general fund to the clean water cash fund.

Source: L. 2023: Entire section added, (SB 23-274), ch. 216, p. 1111, � 4,

effective May 17. L. 2024: (1)(d), (4)(a)(I.5), and (4)(d) added, (HB 24-1379), ch. 274, p. 1823, � 4, effective May 29. L. 2025: (4)(a)(I.2) added, (SB 25-305), ch. 429, p. 2479, � 6, effective June 4.

PART 3

ADMINISTRATION

C.R.S. § 25-8-305

25-8-305. Annual report - repeal. (1) (a) On or before October 1 of each year, the division through the executive director shall report to the commission on the effectiveness of this article 8 and shall include in such report any recommendations the division may have with respect to any regulatory or legislative changes that may be needed or desired. The report must include the then-current monitoring information that has been obtained pursuant to section 25-8-303.

(b)  The executive director shall also submit the report to the house of

representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees. Notwithstanding section 24-1-136 (11)(a)(I), this reporting requirement continues indefinitely.

(2)  The annual report described in subsection (1) of this section must include

information on the division's:

(a)  Implementation of the discharge permitting program established in part 5

of this article 8;

(b)  Inspections performed;


(c)  Enforcement actions under this article 8;


(d)  Establishment of any new rules and standards;


(e)  Assessment of any emerging trends that the division perceives in issues

pertaining to water quality;

(f)  Ratio of general fund appropriations to cash fund appropriations that

were authorized for the state fiscal year immediately preceding the date of the report;

(g)  Revenue and expenditures, including for the division's general

administration needs, the division's administration of the clean water and drinking water programs, and the division's allocation of any increased fees established through section 25-8-210 for services that the division provides. The department shall present this information as part of the department's annual SMART Act presentation pursuant to section 2-7-203.

(h)  Timing in considering and issuing permits, including the number of years

administratively continued permits have been pending, categorized by years pending, and a narrative description of the division's plan for processing administratively continued permits that have been administratively continued for longer than five years.

(3) (a)  For a report that the division submits on or before October 1, 2025, the

report must include the total permit fee revenue received in the previous twelve months, and the division's direct and indirect costs to administer the permits, for the following sector-specific permits, reviews, or determinations:

(I)  The commerce and industry sector pursuant to section 25-8-502 (1.1)(b);


(II)  The construction sector pursuant to section 25-8-502 (1.1)(c);


(III)  The pesticide sector pursuant to section 25-8-502 (1.1)(d);


(IV)  The public and private utilities sector pursuant to section 25-8-502

(1.1)(e);

(V)  The municipal separate storm sewer system sector pursuant to section

25-8-502 (1.1)(f);

(VI)  The reviews performed pursuant to section 25-8-502 (1.2) for requests

for certification under section 401 of the federal act;

(VII)  The preliminary effluent limitation determinations performed pursuant

to section 25-8-502 (1.3)(b); and

(VIII)  The wastewater site applications and design reviews performed

pursuant to section 25-8-502 (1.3)(c).

(b)  This subsection (3) is repealed, effective July 1, 2026.


(4) (a)  For the report that the division submits in 2025, the report must

include:

(I)  A description of the fee structure proposed or included in rules that the

commission has proposed or adopted pursuant to section 25-8-210 (1)(a);

(II)  If the rules proposed or adopted pursuant to section 25-8-210 (1)(a)

modify a fee structure set forth in statute, the reasons for the change in the fee structure; and

(III)  A summary of options for setting a cap on the amount of fee increases

and the department of public health and environment's recommendations on setting a cap based on stakeholder feedback.

(b)  The report that the division submits in 2026 must include a detailed

discussion of how the division has prioritized reducing the water quality permit backlog, implemented recommendations from permittees for permitting efficiency, and increased the number of safe drinking water program inspections.

(c)  This subsection (4) is repealed, effective July 1, 2027.


(5) (a)  On or before October 1, 2026, and for each year thereafter, the report

described in subsection (1) of this section must provide an overall understanding of the state of implementation of the dredge and fill discharge authorization program described in section 25-8-205.1. For this purpose, the division shall develop a twelve-month reporting period. At a minimum, the report must include:

(I)  Program staffing and budget over the twelve-month reporting period;


(II)  General authorization program components over the twelve-month

reporting period, including:

(A)  The total number of preconstruction notifications or coverage verification

requests received during the twelve-month reporting period;

(B)  The total number of projects authorized to proceed during the twelve-month reporting period;


(C)  The total number of projects authorized to proceed during the twelve-month reporting period that included special conditions;


(D)  The total number of projects authorized to proceed under section 25-8-205.1 (5)(d) during the twelve-month reporting period;


(E)  The total number of projects denied general authorization coverage

during the twelve-month reporting period and a summary of the reasons for denials;

(F)  The range of time and average time required to process preconstruction

notifications and coverage verification requests from receipt to final decision during the twelve-month reporting period; and

(G)  The total number of full-time employees tasked with processing

preconstruction notifications, coverage verification requests, and technical assistance during the twelve-month reporting period; and

(III)  Individual authorization program components, including:


(A)  The total number of authorization applications received during the

twelve-month reporting period;

(B)  The total number of projects authorized to proceed during the twelve-month reporting period;


(C)  The total number of projects denied authorization coverage during the

twelve-month reporting period and a summary of the reasons for denials;

(D)  The total number of applications awaiting action at the end of the twelve-month reporting period;


(E)  The range of time and average time required to process individual

authorization applications from receipt to final decision during the twelve-month reporting period; and

(F)  The total number of full-time employees tasked with processing

individual authorizations during the twelve-month reporting period.

(b)  On a quarterly basis, the division shall report to the joint budget

committee the number of individual dredge and fill authorizations and notices of authorization that the division projects to issue for the fiscal year. The division shall submit these reports so that they coincide with quarterly budget forecasts.

Source: L. 81: Entire article R&RE, p. 1322, � 1, effective July 1. L. 2000: Entire

section amended, p. 191, � 2, effective March 23. L. 2008: Entire section amended, p. 1907, � 103, effective August 5. L. 2017: Entire section amended, (SB 17-056), ch. 33, p. 94, � 6, effective March 16. L. 2023: Entire section amended, (SB 23-274), ch. 216, p. 1118, � 9, effective May 17. L. 2024: (5) added, (HB 24-1379), ch. 274, p. 1825, � 7, effective May 29. 24-1379), ch. 274, p. 1823, � 4, effective May 29. L. 2025: (2)(f) and (4)(b) amended and (2)(h) and (4)(c) added, (SB 25-305), ch. 429, p. 2475, � 1, effective June 4.

C.R.S. § 25-8-502

25-8-502. Application - fees - funds created - public participation - rules - definitions - repeal. (1) For the purposes of this section:

(a)  Animal feeding operation or CAFO means a lot or facility, other than

an aquatic animal production facility, where:

(I)  Animals, other than aquatic animals, have been, are, or will be stabled or

confined and fed or maintained for a total of forty-five days or more in any twelve-month period; and

(II)  Crops, vegetation, forage growth, or post-harvest residues are not

sustained in the normal growing season over any portion of the lot or facility.

(b)  Categorical effluent standards means those standards established by

the federal environmental protection agency pursuant to section 307 (b) of the federal act.

(c)  Discharge means the discharge of pollutants, and includes land

application.

(d)  Gallons per day is based on design capacity of the facility, not flow.


(e)  Land application is any discharge being applied to the land for

treatment purposes.

(f)  Municipal separate storm sewer system or MS4 means a conveyance

or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:

(I)  Owned or operated by a state, city, town, county, district, association, or

other public body created by or pursuant to state law having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district, drainage district, or similar entity, or a designated and approved management agency under section 208 of the federal act that discharges to state waters;

(II)  Designed or used for collecting or conveying storm water;


(III)  Not a combined sewer; and


(IV)  Not part of a publicly owned treatment works.


(g)  Significant industrial discharger means an industrial discharger that

meets one or more criteria established by the federal environmental protection agency pursuant to section 307 (b) of the federal act.

(1.1)  For each regulated activity listed in this subsection (1.1), the division may

assess an annual permit fee and a nonrefundable permit application fee for new permits, which nonrefundable permit application fee is in an amount that equals fifty percent of the annual permit fee. The full amount of the application fee is credited toward the annual permit fee. All such fees must be in accordance with the following schedules:

(a)  The animal agriculture sector includes annual fee schedules for

regulated activities associated with animal feeding operations as follows:

(I)  General permit: The division shall assess a CAFO an annual permit fee not

to exceed seven hundred fifty dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.

(II)  Individual permit: The division shall assess a CAFO an annual permit fee

not to exceed one thousand five hundred dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.

(III) The division shall assess an unpermitted CAFO an annual administrative

fee, not to exceed six cents per animal unit, based upon the CAFO's registered capacity, to cover the direct and indirect costs associated with the environmental agriculture program, including inspections, compliance assurance, compliance assistance, and associated regulatory interpretation and review.

(IV) (A)  Repealed.


(B)  The division shall assess on each housed commercial swine feeding

operation an annual permit fee, not to exceed twenty-six cents per animal, based on the operation's working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1.

(C)  As used in this subsection (1.1)(a)(IV), working capacity means the

number of swine the housed commercial swine feeding operation is capable of housing at any one time.

(b)  The commerce and industry sector includes annual fee schedules for

regulated activities associated with mining, hydrocarbon refining, sugar processing, industrial storm water, utilities not included in the private and public utilities sector, manufacturing activities, commercial activities, and all other industrial activities as follows:

Facility Categories and Subcategories

for Permit Fees within the Commerce and Industry Sector

Annual Fees

(I)  Sand and gravel and placer mining:


(A)  Pit dewatering only$805


(B)  Pit dewatering or wash-water discharge$918


(C)  Mercury use with discharge impact$1,030


(D)  Storm water discharge only$700


(II)  Coal mining:


(A)  Sedimentation ponds, surface runoff only$1,578


(B)  Mine water, preparation plant discharge$2,125


(III)  Hardrock mining:


(A)  Mine dewatering from 0 up to 49,999 gallons


    per day$1,835


(B)  Mine dewatering from 50,000 up to


    999,999 gallons per day$3,462


(C)  Mine dewatering, 1,000,000 gallons


    per day or more$5,281


(D)  Mine dewatering and milling with


    no discharge$5,281


(E)  Mine dewatering and milling


    with discharge$15,907


(F)  No discharge$1,835


(G)  Milling with discharge from 0 up to 49,999 gallons


    per day$5,394


(H)  Milling with discharge, 50,000 gallons


    per day or more$10,755


(IV)  Oil shale:


(A)  Sedimentation ponds, surface runoff only$3,204


(B)  Mine water from 0 up to 49,999


    gallons per day$3,462


(C)  Mine water from 50,000 up to 999,999


    gallons per day$4,299


(D)  Mine water from 1,000,000 gallons


    per day or more$4,186


(E)  Mine water and process water discharge$15,907


(F)  No discharge$2,946


(V)  General permits:


(A)  Sand and gravel with process discharge


    and storm water$435


(B)  Sand and gravel without process discharge


    - storm water only$121


(C)  Placer mining$837


(D)  Coal mining$1,256


(E)  Industrial - single municipal industrial


    - storm water only$298


(F)  Active mineral mines less than ten acres


    - storm water only$201


(G)  Active mineral mines - ten acres or more


    - storm water only$604


(H)  Inactive mineral mines - storm water only$121


(I)  Department of transportation - sand and


    gravel storm-water permit$7,020


(J)  Coal degasification - process water


    from 0 up to 49,999 gallons per day$3,462


(K)  Coal degasification - process water from


    50,000 up to 99,999 gallons per day$5,281


(L)  Coal degasification - process water,


    100,000 gallons per day or more$15,907


(M)  Minimal discharge of industrial or


    commercial waste waters - general permit$630


(VI)  Power plants:


(A)  Cooling water only, no discharge$1,835


(B)  Process water from 0 up to 49,999


    gallons per day$3,462


(C)  Process water from 50,000 up to 999,999


    gallons per day$5,281


(D)  Process water from 1,000,000 up to 4,999,999


    gallons per day$15,907


(E)  Process water, 5,000,000 gallons per


    day or more$15,907


(VII)  Sugar processing:


(A)  Cooling water only, no discharge$1,948


(B)  Process water from 0 up to 49,999


    gallons per day$2,383


(C)  Process water from 50,000 up to 999,999


    gallons per day$5,957


(D)  Process water from 1,000,000 up to 4,999,999


    gallons per day$15,907


(E)  Process water, 5,000,000 gallons


    per day or more$15,907


(VIII)  Petroleum refining:


(A)  Cooling water only, no discharge$1,835


(B)  Process water from 0 up to 49,999 gallons


    per day$4,122


(C)  Process water from 50,000 up to 999,999


    gallons per day$5,289


(D)  Process water from 1,000,000 up to 4,999,999


    gallons per day$15,907


(E)  Process water, 5,000,000 gallons per


    day or more$15,907


(IX)  Fish hatcheries$1,320


(X)  Manufacturing and other industry:


(A)  Cooling water only$1,835


(B)  Process water from 0 up to 49,999


    gallons per day$3,462


(C)  Process water from 50,000 up to 999,999


    gallons per day$5,281


(D)  Process water from 1,000,000 up to 4,999,999


    gallons per day$15,907


(E)  Process water from 5,000,000 up to 19,999,999


    gallons per day$19,545


(F)  Process water, 20,000,000 gallons


    per day or more$31,814


(G)  No discharge$2,383


(H)  Amusement and recreation services$2,383


(XI)  Individual industrial storm-water permits:


(A)  Individual industrial - less than ten acres$475


(B)  Individual industrial - ten acres or more$604


(C)  Individual industrial - storm water only


    - international airports$10,014


(c)  The construction sector includes annual fee schedules for regulated

activities associated with construction activities as follows:

Facility Categories and Subcategories

for Permit Fees within the Construction Sector

Annual Fees

(I)  Repealed.


(II)  General permits:


(A) to (D)  Repealed.


(E)  Department of transportation (DOT) -


    storm-water construction discharges from


    projects where DOT is the permittee -


    statewide permit$9,400


(F)  Minimal discharge of industrial or


    commercial wastewater$630


(G)  Low complexity$820


(H)  High complexity$2,000


(I)  Construction - storm water only; less than


    1 acre of disturbed area$165


(J)  Construction - storm water only;


    from 1 acre to less than 30 acres$350


(K)  Construction - storm water only;


    30 acres or more of disturbed area$540


(III)  The fee for an individual permit for construction activity is four thousand

four hundred dollars; and

(IV)  The division shall use the construction sector fee revenue collected

pursuant to this section or, on and after July 1, 2026, pursuant to commission rules adopted under section 25-8-210 (1)(a)(III), to continue to fund the administration and oversight of the construction sector, including services provided under the alternative compliance assurance model. The division shall not use the revenue to fund additional enforcement staff unless such funding is included in a commission fee-setting rule. An alternative compliance assurance model includes:

(A)  Increasing inspections of the construction sector to meet compliance

objectives identified by the federal environmental protection agency;

(B)  Implementing a compliance strategy that relies on increased assistance

and follow-up to obtain an overall increase in compliance instead of increased reliance on enforcement;

(C)  Targeting additional compliance assistance towards permittees to seek

increased compliance, including: Streamlined site visits that provide initial assistance consultations and increased assistance resources such as guidance documents, presentations, and online resources; review and response to the inspected entity's written response to the inspection; follow-up inspections and additional inspections for owners and operators with systemic violations; and increased overall inspection frequency;

(D)  Maintaining and increasing current service levels of administration and

oversight for the division's storm water management system administrator program; and

(E)  Targeting enforcement towards operators that show chronic violations,

significant violations, or recalcitrant response actions.

(d)  The pesticide sector includes annual fee schedules for regulated

activities associated with pesticide applications that are regulated under the federal act as follows: For a general permit, decision makers with pesticide application on or over waters of the state that are subject to annual reporting requirements under the pesticide general permit, an annual fee of two hundred eighty-one dollars.

(e)  The public and private utilities sector includes annual fee schedules for

regulated activities associated with the operation of domestic wastewater treatment works, water treatment facilities, reclaimed water systems, and industrial operations that discharge to a domestic wastewater treatment works as follows:

Facility Categories and Subcategories for

Permit Fees within the Public and

Private Utilities Sector

Annual Fees

(I)  Water treatment plants:


(A)  Intermittent discharge$695


(B)  Routing discharge$1,000


(II)  General permits:


(A)  Water treatment plants - intermittent


    discharge$580


(B)  Water treatment plants - routine discharge$872


(C)  Discharges associated with treated water


    distribution systems for a population of


    3,300 or fewer$128


(D)  Discharges associated with treated


    water distribution systems for


    a population from 3,301 up to 9,999$256


(E)  Discharges associated with treated


    water distribution systems for a


    population of 10,000 or more$384


(III)  Domestic wastewater - lagoons:


(A)  Sewage from 0 up to 49,999 gallons per day$641


(B)  Sewage from 50,000 up to 99,999 gallons


    per day$1,031


(C)  Sewage from 100,000 up to 499,999 gallons


    per day$1,501


(D)  Sewage from 500,000 up to 999,999 gallons


    per day$2,586


(E)  Sewage from 1,000,000 up to 1,999,999 gallons


    per day$3,867


(F)  Sewage, 2,000,000 gallons per day or more$7,881


(IV)  Domestic wastewater - mechanical plants:


(A)  Sewage from 0 up to 19,999 gallons per day$750


(B)  Sewage from 20,000 up to 49,999 gallons


    per day$1,196


(C)  Sewage from 50,000 up to 99,999 gallons


    per day$1,757


(D)  Sewage from 100,000 up to 499,999 gallons


    per day$2,733


(E)  Sewage from 500,000 up to 999,999 gallons


    per day$4,538


(F)  Sewage from 1,000,000 up to 2,499,999 gallons


    per day$7,430


(G)  Sewage from 2,500,000 up to 9,999,999 gallons


    per day$13,920


(H)  Sewage from 10,000,000 up to 49,999,999


    gallons per day$24,132


(I)  Sewage from 50,000,000 up to 99,999,999


    gallons per day$27,840


(J)  Sewage, 100,000,000 gallons per day or more$30,622


(V)  Domestic facilities discharge to unclassified waters - general permit:


(A)  Sewage from 0 up to 49,999 gallons per day$555


(B)  Sewage from 50,000 up to 199,999 gallons


    per day$976


(C)  Sewage from 200,000 up to 599,999 gallons


    per day$1,427


(D)  Sewage from 600,000 up to 999,999 gallons


    per day$2,269


(VI)  Industrial dischargers subject to categorical effluent standards

discharging to publicly owned treatment works with pretreatment programs, not including categorical industries subject to zero-discharge standards:

(A)  Very low flow - less than 100 gallons per day$356


(B)  100 up to 9,999 gallons per day$853


(C)  10,000 up to 50,000 gallons per day$1,277


(D)  More than 50,000 gallons per day$1,704


(VII)  All other significant industrial dischargers discharging to publicly

owned treatment works with pretreatment, including categorical industries subject to zero-discharge standards:

(A)  Less than 10,000 gallons per day$214


(B)  10,000 up to 50,000 gallons per day$426


(C)  More than 50,000 gallons per day$567


(D)  Pit dewatering only$329


(VIII)  Industrial dischargers subject to categorical effluent standards

discharging to publicly owned treatment works without pretreatment programs, not including categorical industries subject to zero-discharge standards:

(A)  Less than 10,000 gallons per day$994


(B)  10,000 up to 50,000 gallons per day$1,562


(C)  More than 50,000 gallons per day$2,130


(IX)  All other significant industrial dischargers discharging to publicly owned

treatment works without pretreatment programs, including categorical industries subject to zero-discharge standards:

(A)  Less than 10,000 gallons per day$426


(B)  10,000 up to 50,000 gallons per day$639


(C)  More than 50,000 gallons per day$853


(X)  Domestic wastewater - lagoons:


(A)  Sewage from 0 up to 49,999 gallons per day$92


(B)  Sewage from 50,000 up to 99,999 gallons


    per day$92


(C)  Sewage from 100,000 up to 499,999 gallons


    per day$92


(D)  Sewage from 500,000 up to 999,999 gallons


    per day$92


(E)  Sewage from 1,000,000 up to 2,499,999 gallons


    per day$99


(F)  Sewage, 2,500,000 gallons per day or more$115


(XI)  Domestic wastewater - mechanical plants:


(A)  Sewage from 0 up to 19,999 gallons per day$92


(B)  Sewage from 20,000 up to 49,999 gallons per day$92


(C)  Sewage from 50,000 up to 99,999 gallons per day$92


(D)  Sewage from 100,000 up to 499,999 gallons


    per day$92


(E)  Sewage from 500,000 up to 999,999 gallons


    per day$92


(F)  Sewage from 1,000,000 up to 2,499,999 gallons


    per day$99


(G)  Sewage from 2,500,000 up to 9,999,999 gallons


    per day$115


(H)  Sewage from 10,000,000 up to 49,999,999


    gallons per day$128


(I)  Sewage from 50,000,000 up to 99,999,999


    gallons per day$143


(J)  Sewage, 100,000,000 gallons per day or more$156


(XII)  Wastewater reuse authorizations:


(A)  Facility capacity of less than 100,000


    gallons per day$549


(B)  Facility capacity from 100,000 gallons to


    499,999 gallons per day$1,025


(C)  Facility capacity from 500,000 gallons to


    999,999 gallons per day$1,708


(D)  Facility capacity from 1,000,000 gallons to


    2,499,999 gallons per day$2,806


(E)  Facility capacity from 2,500,000 gallons to


    9,999,999 gallons per day$5,246


(F)  Facility capacity, 10,000,000 gallons per


    day or more$7,686


(XIII) and (XIV)  Repealed.


(f)  The municipal separate storm sewer systems sector includes annual fees

for regulated activities associated with the operation of municipal separate storm sewer systems, as follows:

Facility Categories and Subcategories for

Permit Fees within the Municipal Separate

Storm Sewer System Sector

Annual Fees

(I)  MS4 general permits:


(A)  Storm water municipal for a population


    of 10,000 or fewer$462


(B)  Storm water municipal for a population


    from 10,000 up to 49,999$1,053


(C)  Storm water municipal for a population


    from 50,000 up to 99,999$2,626


(D)  Storm water municipal for a population


    of 100,000 or more$5,265


(II)  MS4 individual permits:


(A)  Municipalities with a population from


    10,000 up to 49,999$1,619


(B)  Municipalities with a population from


    50,000 up to 99,999$4,043


(C)  Municipalities with a population from


    100,000 up to 249,999$8,093


(D)  Municipalities with a population of


    250,000 or more$13,754


(E)  Statewide permit for municipal separate


    storm water systems, owned or


    operated by the department of


    transportation, in municipal areas


    where storm water permits are required$5,668


(1.2) (a)  For the activities listed in this subsection (1.2) associated with

reviewing requests for certifications under section 401 of the federal act and this article 8, known as 401 certificates, the division may assess a fee for the review. There is hereby created in the state treasury the water quality certification sector fund, which consists of fees collected pursuant to this subsection (1.2). The division shall transmit the fees to the state treasurer, who shall credit them to the water quality certification sector fund. All such fees must be in accordance with the following schedules:

(I)  The fee for a tier 1 project is one thousand one hundred twenty-two

dollars, which must be submitted with the certification application. Tier 1 projects are projects that incur minimal costs and minimal water quality impacts. Tier 1 includes certifications of channel stabilization projects and single drainage improvement projects. Typical characteristics of tier 1 projects may include all or some of the following:

(A)  The potential for minimal impacts to water quality;


(B)  A low level of public participation;


(C)  No more than standard coordination with federal, state, or local agencies

may be required;

(D)  Limited technical assistance may be needed.


(II)  The fee for a tier 2 project is three thousand eight hundred seventy-six

dollars, which must be submitted with the certification application. Tier 2 projects are projects that incur moderate costs and potential water quality impacts. Tier 2 includes certifications of projects that affect multiple drainages. Typical characteristics of tier 2 projects may include all or some of the following:

(A)  The potential for minimal impacts to water quality;


(B)  A basic to high level of public participation may be required with

potential for participation in public meetings or hearings held by outside parties;

(C)  More than the standard level of coordination with multiple federal, state,

or local agencies may be required, including one or more meetings or pre-application site visits;

(D)  A moderate and ongoing level of technical assistance may be needed;


(E)  Compensatory mitigation review may be required;


(F)  Review of a full evaluation and findings report if needed; or


(G)  If the certification is appealed, addressing an appeal of the division's

water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.

(III)  The fee for a tier 3 project is calculated on an hourly rate based on the

actual costs of division staff and contractor time. Tier 3 projects are projects that involve a large watershed area, a high degree of complexity, or high potential for water quality impacts. Tier 3 includes certifications of federal energy regulatory commission relicensing projects or projects involving more long-term water quality impacts. Typical characteristics of tier 3 projects may include all or some of the following:

(A)  The potential for greater, permanent water quality impacts if one or more

of the following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;

(B)  A high level of public participation, including extensive public comments

and the potential for one or more public meetings or hearings conducted by the division or outside parties;

(C)  Substantially more than standard coordination with multiple federal,

state, or local agencies may be required, including one or more meetings;

(D)  A high level of iterative technical assistance may be required or

substantive project revisions may be received;

(E)  The potential for complex compensatory mitigation review;


(F)  A site visit may be needed to understand impacts and advise on potential

alternatives;

(G)  The review of a full evaluation and findings report if needed; or


(H)  If the certification is appealed, addressing an appeal of the division's

water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.

(IV)  The fee for a tier 4 project is calculated on an hourly rate based on the

actual costs of division staff and contractor time. Tier 4 projects are projects that involve multiple or large watershed areas, a very high degree of complexity, a very high potential for water quality impacts, or a high level of public participation. Tier 4 includes transmountain water supply projects. Typical characteristics of tier 4 projects may include all or some of the following:

(A)  The potential for greater water quality impacts if one or more of the

following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;

(B)  A high level of public participation, including extensive public comments

and the potential for one or more public meetings or hearings conducted by the division or outside parties;

(C)  Substantially more coordination than is standard with multiple federal,

state, or local agencies may be required, including one or more meetings;

(D)  A high level of iterative technical assistance may be required or

substantive project revisions may be received;

(E)  The potential for complex compensatory mitigation review;


(F)  A site visit may be needed to understand impacts and advise on potential

alternatives;

(G)  Coordination with the governor's office in conjunction with other state

agencies, tribal nations, and the federal government may be required;

(H)  To the extent pertinent, review of additional documents, such as federal

National Environmental Policy Act resource reports, environmental assessments, and environmental impact statements;

(I)  If needed, to the extent not addressed in the documents addressed in sub-subparagraph (H) of this subparagraph (IV) and consistent with the requirements of

this article and of the rules promulgated pursuant to this article, review and use of a full evaluation and findings report; or

(J)  If the certification is appealed, addressing an appeal of the division's

water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.

(b)  For tier 3 and tier 4 projects, the division may assess fees for services

provided by the division prior to the applicant submitting a formal water quality certification application, which fees must reflect the actual cost of division staff and contractor time.

(c)  For tier 3 and tier 4 projects, the division may assess fees for services

provided by the division to monitor the projects certified with conditions, which fees must reflect the actual cost of division staff and contractor time.

(1.3)  For each service listed below, the division may assess a fee for the

service, and all such fees must be in accordance with the following schedules:

(a)  Amendments to permits associated with the commerce and industry

sector, construction sector, pesticides application, public and private utility sector under subsection (1.1) of this section, and amendments to permits issued through June 30, 2018, associated with regulated activities in subparagraph (IV) of the animal agriculture sector in paragraph (a) of subsection (1.1) of this section:

(I)  Minor amendment: An amount equal to twenty-five percent of the annual

fee for the permit being amended, not to exceed two thousand eight hundred ten dollars;

(II)  Major amendment: An amount equal to fifty-five percent of the annual

fee for the permit being amended, not to exceed five thousand nine hundred fifty dollars;

(b)  Preliminary effluent limitations:


(I)  In accordance with section 25-8-702, the division may assess a fee, as set

forth in the schedules in this paragraph (b), for the determination of preliminary effluent limitations upon a domestic wastewater treatment works pursuant to the site location approval process. All such fees shall be paid in advance of any work done.

(II)  At the request of an entity that is not a domestic wastewater treatment

works, and upon payment of the appropriate fee as set forth in the schedules in this paragraph (b), the division may determine preliminary effluent limits for a proposed discharge as described by the requester.

(III)  Fees set forth in the schedules established in this paragraph (b) are

increased by an amount equal to seventy-five percent of the applicable fee for each set of preliminary effluent limitations requested by domestic wastewater treatment works for discharges to second or additional receiving water bodies.

(IV)  The division may, where an entity requests modification of existing

division-approved preliminary effluent limitations, complete the modification for a fee equal to twenty-five percent of the applicable fee as set forth in the schedules in this paragraph (b).

Facility Categories and

Subcategories for Preliminary

Effluent Limitations

Fees

(V)  Preliminary effluent limitations for individual permits:


(A)  Less than 100,000 gallons per day$2,562


(B)  100,000 to 999,999 gallons per day$5,124


(C)  1,000,000 to 9,999,999 gallons per day$7,686


(D)  10,000,000 or more gallons per day$10,248


(VI)  Preliminary effluent limitations for


    general permits from 0 up to 1,000,000


    gallons per day$1,281


(VII)  Preliminary effluent limitations for discharges to groundwater:


(A)  Minor facilities, less than 1,000,000 gallons


    per day$641


(B)  Major facilities, 1,000,000 gallons


    per day or more$1,025


(VIII)  Review of preliminary effluent limitations for individual permits

professionally prepared by others:

(A)  Minor facilities, less than 1,000,000 gallons


    per day$1,922


(B)  Major facilities, 1,000,000 gallons


    per day or more$3,843


(c)  Wastewater site applications and design reviews:

Facility Categories and Subcategories

for Wastewater Site Applications

and Design Reviews

Fees

(I)  Wastewater site applications:


(A)  Wastewater treatment plants, less than 100,000 gallons per day:


    New$9,440


    Expansion$7,553


(B)  Wastewater treatment plants from 100,000 to 999,999 gallons per day:


    New$18,882


    Expansion$15,105


(C)  Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per

day:

    New$28,322


    Expansion$22,658


(D)  Wastewater treatment plants, 10,000,000 gallons per day or more:


    New$37,763


    Expansion$30,211


(E)  Lift stations, less than 100,000 gallons per day:


    New$2,361


    Expansion$1,889


(F)  Lift stations from 100,000 to 999,999 gallons per day:


    New$4,720


    Expansion$3,776


(G)  Lift stations from 1,000,000 to 9,999,999 gallons per day:


    New$7,081


    Expansion$5,664


(H)  Lift stations, 10,000,000 gallons per day or more:


    New$9,440


    Expansion$7,553


(I)  Amendments to site applications concerning


    a change from gas chlorination to liquid


    chlorination or from any form of


    chlorination to ultraviolet light


    disinfection, less than 100,000


    gallons per day$550


(J)  Amendments to site applications concerning


    a change from gas chlorination to liquid chlorination


    or from any form of chlorination to ultraviolet light


    disinfection from 100,000 to 999,999 gallons per day$1,102


(K)  Amendments to site applications concerning a change


    from gas chlorination to liquid chlorination or from any


    form of chlorination to ultraviolet light disinfection


    from 1,000,000 to 9,999,999 gallons per day$1,652


(L)  Amendments to site applications concerning a change


    from gas chlorination to liquid chlorination or from any


    form of chlorination to ultraviolet light disinfection,


    10,000,000 gallons per day or more$2,203


(M)  Other amendments to site application, less than


    100,000 gallons per day$787


(N)  Other amendments to site applications from


    100,000 to 999,999 gallons per day$1,574


(O)  Other amendments to site applications


    from 1,000,000 to 9,999,999 gallons per day$2,361


(P)  Other amendments to site applications,


    10,000,000 gallons per day or more$3,146


(Q)  On-site wastewater treatment systems$5,490


(R)  Extension$793


(S)  Interceptor site applications$1,586


(T)  Interceptor certifications$366


(U)  Outfall sewers$1,586


(II)  Wastewater design review:


(A)  Wastewater treatment plants, less than 100,000 gallons per day:


    New$5,978


    Expansion$4,758


(B)  Wastewater treatment plants from 100,000 to 999,999 gallons per day:


    New$12,078


    Expansion$9,638


(C)  Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per

day:

    New$18,056


    Expansion$14,396


(D)  Wastewater treatment plants, 10,000,000 gallons per day or more:


    New$24,034


    Expansion$19,276


(E)  Lift stations, less than 100,000 gallons per day:


    New$1,464


    Expansion$1,220


(F)  Lift stations from 100,000 to 999,999 gallons per day:


    New$3,050


    Expansion$2,440


(G)  Lift stations from 1,000,000 to 9,999,999 gallons per day:


    New$4,514


    Expansion$3,660


(H)  Lift stations, 10,000,000 gallons per day or more:


    New$5,978


    Expansion$4,758


(I)  Amendments to site applications concerning a change


    from gas chlorination to liquid chlorination or from any


    form of chlorination to ultraviolet light disinfection,


    less than 100,000 gallons per day$610


(J)  Amendments to site applications concerning a change


    from gas chlorination to liquid chlorination or from any


    form of chlorination to ultraviolet light disinfection


    from 100,000 to 999,999 gallons per day$1,220


(K)  Amendments to site applications concerning a change


    from gas chlorination to liquid chlorination or from


    any form of chlorination to ultraviolet light


    disinfection from 1,000,000 to


    9,999,999 gallons per day$1,830


(L)  Amendments to site applications concerning a change


    from gas chlorination to liquid chlorination or from any


    form of chlorination to ultraviolet light disinfection,


    10,000,000 gallons per day or more$2,440


(M)  Other amendments to site application,


    less than 100,000 gallons per day$854


(N)  Other amendments to site applications,


    from 100,000 to 999,999 gallons per day$1,708


(O)  Other amendments to site applications, from


    1,000,000 to 9,999,999 gallons per day$2,562


(P)  Other amendments to site applications,


    10,000,000 gallons per day or more$3,416


(Q)  On-site wastewater treatment systems$3,660


(R)  Interceptor site applications$1,708


(S)  Outfall sewers$1,708


(1.4)  The division may establish an interim fee that must be consistent and

equitable with the fees contained in subsection (1.1) of this section in any case where a facility other than those listed must be permitted. This interim fee applies until the date of adjournment sine die of the next regular session of the general assembly following imposition of the interim fee.

(1.5) (a) (I)  There is hereby created in the state treasury the commerce and

industry sector fund, which consists of all annual fees for regulated activities associated with the commerce and industry sector collected pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the commerce and industry sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the commerce and industry sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the commerce and industry sector fund.

(II)  There is hereby created in the state treasury the construction sector

fund, which consists of all annual fees collected for regulated activities associated with the construction sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the construction sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the construction sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the construction sector fund.

(III)  There is hereby created in the state treasury the pesticides sector fund,

which consists of all annual fees collected for regulated activities associated with the pesticides sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the pesticides sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the pesticides sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the pesticides sector fund.

(IV)  There is hereby created in the state treasury the municipal separate

storm sewer system sector fund, which consists of all annual fees collected for regulated activities associated with the municipal separate storm sewer system sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the municipal separate storm sewer system sector fund.

(V)  There is hereby created in the state treasury the public and private

utilities sector fund, which consists of all annual fees collected for regulated activities associated with the public and private utilities sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the public and private utilities sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the public and private utilities sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the public and private utilities sector fund.

(b) (I)  The general assembly shall annually appropriate the money in the

funds created in paragraph (a) of this subsection (1.5) and in subsection (1.2) of this section to the department of public health and environment for its direct and indirect costs in administering the appropriate sector. The department shall review expenditures of the money to ensure that it is used only to fund the expenses of the discharge permit system and other activities included in subsections (1.1), (1.2), (1.3), and (1.4) of this section and that, except as specified in subparagraph (II) of this paragraph (b):

(A)  Money derived from a particular sector is used only for that sector; and


(B)  Money derived from subsection (1.2) of this section is used only to provide

water quality certifications.

(II)  Repealed.


(III)  All interest earned on the investment or deposit of money in each fund

and all unencumbered or unappropriated balances in each fund remain in each individual fund, shall be appropriated only for the expenses of the discharge permit system, and shall not be transferred or revert to the general fund or any other fund at the end of any fiscal year or any other time.

(c) (I)  It is the intent of the general assembly that:


(A)  A portion of the expenses of the discharge permit system be funded from

the general fund, reflecting the benefit derived by the general public; except that the general assembly may determine, in any given fiscal year, that general fund revenues are inadequate to meet general fund demands and that, as a consequence, it is necessary to forego, subject to future reconsideration, all or some portion of such general fund contribution to the discharge permit program pursuant to this part 5; and

(B)  The fees established in this section should not be adjusted until at least

2023 and, before the general assembly adjusts the fees, the department of public health and environment shall engage stakeholders in a process to review the total funding for the discharge permit system, including federal money, money from the general fund, and all sector fees.

(II)  In furtherance of this policy, in future fee and funding changes, the ratios

described in this subsection (1.5)(c)(II) should be maintained except as may be revised by the general assembly by bill:

(A)  Commerce and industry sector: Fifty percent general fund and fifty

percent cash funds;

(B)  Construction sector: Twenty percent general fund and eighty percent

cash funds;

(C)  Municipal separate storm sewer: Fifty percent general fund and fifty

percent cash funds;

(D)  Pesticides sector: Ninety-four percent general fund and six percent cash

funds;

(E)  Public and private utilities sector: Fifty percent general fund and fifty

percent cash funds; and

(F)  Water quality certifications sector: Five percent general fund and ninety-five percent cash funds.


(d)  Notwithstanding the amount specified for any fee in subsection (1.1) or

(1.3) of this section, the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(e)  Repealed.


(1.6)  There is hereby created the animal feeding operations fund, which

consists of all fees collected for regulated activities associated with the animal agriculture sector in paragraph (a) of subsection (1.1) of this section, as well as all fees collected for services provided by the division associated with the animal agriculture sector in subsection (1.3) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the animal feeding operations fund. Any unexpended and unencumbered moneys remaining in the animal feeding operations fund at the end of any fiscal year remain in the animal feeding operations fund and shall not be transferred or revert to the general fund or any other fund. The general assembly shall annually appropriate the moneys in the animal feeding operations fund to the department of public health and environment for the direct and indirect costs associated with the permitting and oversight of animal feeding operations under this article.

(1.7) (a)  The department of public health and environment shall report

annually to:

(I)  The senate agriculture and natural resources committee and the house of

representatives agriculture, water, and natural resources committee, or their successor committees, on:

(A)  The environmental agriculture program. The report must include the

number of permits processed, the number of inspections conducted, the number of enforcement actions taken, and the costs associated with all program activities during the preceding year. The department shall submit the report on or before March 31 of each year.

(B)  Repealed.


(II)  The joint budget committee by November 1 of each year regarding the fee

revenue received from each sector specified in subsection (1.1)(a) of this section, including expenditures by fund source and revenues by fund and sector based on the November 1 request.

(b)  The reporting required by this section is exempt from section 24-1-136,

C.R.S.

(1.8) (a)  On June 30, 2026, the state treasurer shall transfer any unexpended

and unencumbered money remaining in the following cash funds to the clean water cash fund created in section 25-8-210 (4)(a):

(I)  The commerce and industry sector fund created in subsection (1.5)(a)(I) of

this section;

(II)  The construction sector fund created in subsection (1.5)(a)(II) of this

section;

(III)  The pesticides sector fund created in subsection (1.5)(a)(III) of this

section;

(IV)  The municipal separate storm sewer system sector fund created in

subsection (1.5)(a)(IV) of this section; and

(V)  The public and private utilities sector fund created in subsection

(1.5)(a)(V) of this section.

(b)  Subsections (1.1)(b), (1.1)(c), (1.1)(d), (1.1)(e), (1.1)(f), (1.2), (1.3), and (1.5) of this

section and this subsection (1.8) are repealed, effective July 1, 2026.

(2) (a)  A complete and accurate application for all discharges shall be filed

with the division not less than one hundred eighty days prior to the date proposed for commencing the discharge.

(b)  The application shall contain such relevant plans, specifications, water

quality data, and other information related to the proposed discharge as the division may reasonably require. Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application.

(c)  The division shall begin the review of an application within forty-five days

after the receipt of the application and shall notify the applicant within ninety days after receipt of the application whether the application is complete. If the division determines that an application is incomplete, the division may request that the applicant submit additional information. If additional information is requested by the division and submitted by the applicant, the division shall have fifteen days after the date the additional information is submitted to determine whether the additional information satisfies the request and to advise the applicant if, and in what respects, the additional information does not satisfy the request. A final decision that an application is not complete shall be considered final agency action upon issuance of such decision to the applicant and shall be subject to judicial review. A petition for review of such decision shall be given priority scheduling by the court.

(3) (a)  The division shall evaluate complete permit applications to determine

whether the proposed discharge will comply with all applicable federal and state statutory and regulatory requirements.

(b)  The division shall give public notice of a complete permit application and

the division's preliminary analysis of the application as provided in subsection (4) of this section. The notice shall advise of the opportunity for interested persons to submit written comments on the permit application and the division's preliminary analysis or to request, for good cause shown, a public meeting on the application and analysis. A request for a public meeting shall be made within thirty days after the initial public notice of the permit application and the division's preliminary analysis. If a public meeting is requested and the division, in its discretion and for good cause shown, grants the request, the division shall hold the public meeting not more than seventy-five days after the initial public notice. The division shall provide notice as provided in subsection (4) of this section of the public meeting not less than thirty days prior to the date of the meeting.

(c)  The period for public comment shall close thirty days from the date of

notice of the permit application and the division's preliminary analysis thereof; except that, if a public meeting is held on the application and analysis, the period for public comment shall close sixty days from the date of notice of the application.

(d)  On or before December 31, 2026, the commission shall adopt rules

establishing procedures whereby the division, prior to giving public notice of a complete permit application for an individual permit and the division's preliminary analysis of the application pursuant to subsection (3)(b) of this section, may provide a period of public notice and review of a preliminary draft prepared by the division. If a period of public notice and review is required by rules of the commission, the period of public notice and review may not exceed fourteen days, and the purpose of the review is limited to identifying errors in the division's preliminary draft. The division shall make available on the division's public website any documents provided by the division during a period of public notice and review.

(4)  Public notice of every complete permit application and the division's

preliminary analysis thereof shall be circulated in a manner designed to inform interested and potentially interested persons of the application and analysis. Procedures for the circulation of such public notice or a notice regarding a public meeting concerning an application and analysis shall be established by the commission and shall include at least the following:

(a)  Notice shall be given by at least one publication in a newspaper of

general circulation which is distributed within the geographical areas of the proposed discharge.

(b)  Notice shall be mailed to any person or group upon request.


(c)  The division shall add the name of any person or group upon request to a

mailing list to receive copies of notices for all discharge permit applications within the state or within a certain geographical area.

(d)  The division shall also, during the period from the date of the initial public

notice of the application and analysis to the close of the public comment period, maintain in the office of the county clerk and recorder of the county in which the proposed discharge, or a part thereo

C.R.S. § 29-20-110

29-20-110. Local government regulation of pesticide use - definitions. (1) A local government that adopts an ordinance that concerns pesticides, including an ordinance adopted pursuant to section 31-15-707 (1)(b), shall file the following with the commissioner of agriculture in accordance with section 35-10-112.5 (4):

(a)  A certified copy of the ordinance; and


(b)  A map or legal description of the geographic area that the local

government intends to regulate under the ordinance.

(2)  As used in this section, unless the context otherwise requires:


(a)  Commissioner of agriculture means the commissioner of the

department of agriculture appointed pursuant to section 35-1-107 (1) or the commissioner's designee.

(b)  Pesticide has the meaning set forth in section 35-10-103 (10).


Source: L. 2023: Entire section added, (SB 23-192), ch. 350, p. 2101, � 10,

effective August 7.

C.R.S. § 30-11-131

30-11-131. Regulation of pesticide use - definitions. (1) A board of county commissioners that adopts an ordinance that concerns pesticides shall file the following with the commissioner of agriculture in accordance with section 35-10-112.5 (4):

(a)  A certified copy of the ordinance; and


(b)  A map or legal description of the geographic area that the board of

county commissioners intends to regulate under the ordinance.

(2)  As used in this section, unless the context otherwise requires:


(a)  Commissioner of agriculture means the commissioner of the

department of agriculture appointed pursuant to section 35-1-107 (1) or the commissioner's designee.

(b)  Pesticide has the meaning set forth in section 35-10-103 (10).


Source: L. 2023: Entire section added, (SB 23-192), ch. 350, p. 2102, � 11,

effective August 7.

C.R.S. § 31-15-905

31-15-905. Regulation of pesticide use - definitions. (1) The governing body of a municipality that adopts an ordinance that concerns pesticides, including an ordinance adopted pursuant to section 31-15-707 (1)(b), shall file the following with the commissioner of agriculture in accordance with section 35-10-112.5 (4):

(a)  A certified copy of the ordinance; and


(b)  A map or legal description of the geographic area that the governing

body intends to regulate under the ordinance.

(2)  As used in this section, unless the context otherwise requires:


(a)  Commissioner of agriculture means the commissioner of the

department of agriculture appointed pursuant to section 35-1-107 (1) or the commissioner's designee.

(b)  Pesticide has the meaning set forth in section 35-10-103 (10).


Source: L. 2023: Entire section added, (SB 23-192), ch. 350, p. 2102, � 12,

effective August 7.

PART 10

SOLID WASTE-TO-ENERGY INCINERATION SYSTEMS

Cross references: For the calculation by the public utilities commission of

avoided cost information prior to construction of a solid waste-to-energy incineration system, see � 40-3-112; for authority for counties to develop solid waste-to-energy systems, see part 9 of article 20 of title 30.

Law reviews: For article, The Legal Structure and Financing of Waste-to-Energy Projects - Part 1, see 14 Colo. Law. 574 (1985).

C.R.S. § 32-7-111

32-7-111. Designation of services. (1) Subject to local authorization as provided in section 32-7-112, local governing bodies, by resolution, or the people, by petition, or the service authority organizational commission, if such services are not designated by the resolution or petition for formation prior to formation, or the board after formation, may, by resolution, initiate one or more of the following services or combinations thereof:

(a)  Domestic water collection, treatment, and distribution;


(b)  Urban drainage and flood control;


(c)  Sewage collection, treatment, and disposal;


(d)  Public surface transportation;


(e)  Collection of solid waste, but the service authority shall not collect solid

waste except on a finding by the board that existing solid waste collection service is inadequate. Such finding shall be in addition to the concurrent majority requirement of section 32-7-112 (1)(a).

(f)  Disposal of solid waste;


(g)  Parks and recreation;


(h)  Libraries;


(i)  Fire protection;


(j)  Hospitals, including convalescent nursing homes, ambulance services,

and any other health and medical care facilities or services;

(k)  Museums, zoos, art galleries, theaters, and other cultural facilities or

services;

(l)  Housing;


(m)  Weed and pest control;


(n)  Central purchasing, computer services, equipment pool, and any other

management services for local governments, including procurement of supplies; acquisition, management, maintenance, and disposal of property and equipment; legal services; special communication systems; or any other similar services to local governments which are directly related to improving the efficiency or operation of local governments;

(o)  Local gas or electric services or heating and cooling services from

geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat; except that no facilities of a municipally owned utility shall be combined with the facilities of another municipally owned utility without its consent and except that neither the initiation nor rendering of local gas and electric services under this paragraph (o) shall interfere with, impair, or otherwise affect any franchise, certificate of public convenience and necessity, or the services being rendered by any other supplier operating subject to the jurisdiction of the public utilities commission of the state of Colorado;

(p)  Jails and rehabilitation; and


(q)  Land and soil preservation.


(2)  Unless authorized pursuant to section 32-7-112 (2), the services provided

by a service authority shall be provided on a concurrent basis with local jurisdictions. This shall not prohibit a board from contracting with local governments or state government for the provision, construction, or operation of any service by the service authority or state or local government, nor does it prohibit any local government from voluntarily vesting exclusive jurisdiction for the provision of a given service with the service authority.

Source: L. 72: p. 461, � 1. C.R.S. 1963: � 89-25-11. L. 73: p. 997, � 1. L. 75: IP(1)

amended, p. 1299, � 3, effective June 20. L. 81: (1)(o) amended, p. 1457, � 6, effective May 27.

C.R.S. § 33-2-105.8

33-2-105.8. Reintroduction of gray wolves on designated lands west of the continental divide - public input in commission development of restoration plan - compensation to owners of livestock - definitions - repeal. (1) The voters of Colorado find and declare that:

(a)  Historically, wolves were an essential part of the wild habitat of Colorado

but were exterminated and have been functionally extinct for seventy-five years in the state;

(b)  The gray wolf is listed as an endangered species on the commission's list

of endangered or threatened species;

(c)  Once restored to Colorado, gray wolves will help restore a critical

balance in nature; and

(d)  Restoration of the gray wolf to the state must be designed to resolve

conflicts with persons engaged in ranching and farming in this state.

(2)  Notwithstanding any provision of state law to the contrary, including

section 33-2-105.5 (2), and in order to restore gray wolves to the state, the commission shall:

(a)  Develop a plan to restore and manage gray wolves in Colorado, using the

best scientific data available;

(b)  Hold statewide hearings to acquire information to be considered in

developing such plan, including scientific, economic, and social considerations pertaining to such restoration;

(c)  Periodically obtain public input to update such plan;


(d)  Take the steps necessary to begin reintroductions of gray wolves by

December 31, 2023, only on designated lands; and

(e)  Oversee gray wolf restoration and management, including the

distribution of state funds that are made available to:

(I)  Assist owners of livestock in preventing and resolving conflicts between

gray wolves and livestock; and

(II)  Pay fair compensation to owners of livestock for any losses of livestock

caused by gray wolves, as verified pursuant to the claim procedures authorized by sections 33-3-107 to 33-3-110.

(3) (a)  The commission's plan must comply with section 33-2-105.7 (2), (3),

and (4) and must include:

(I)  The selection of donor populations of gray wolves;


(II)  The places, manner, and scheduling of reintroductions of gray wolves by

the division, with such reintroductions being restricted to designated lands;

(III)  Details for the restoration and management of gray wolves, including

actions necessary or beneficial for establishing and maintaining a self-sustaining population, as authorized by section 33-2-104; and

(IV)  Methodologies for determining when the gray wolf population is

sustaining itself successfully and when to remove the gray wolf from the list of endangered or threatened species, as provided for in section 33-2-105 (2).

(b)  The commission shall not impose any land, water, or resource use

restrictions on private landowners in furtherance of the plan.

(4)  In furtherance of this section and the expressed intent of voters, the

general assembly:

(a)  Shall make such appropriations as are necessary to fund the programs

authorized and obligations imposed by this section, including fair compensation for livestock losses that are authorized by this section; and

(b)  May adopt such other legislation as will facilitate the implementation of

the restoration of gray wolves to Colorado.

(4.5) (a)  For purposes of implementing and administering this section, the

general assembly shall appropriate money to the division or otherwise authorize the division to expend money from one or more of the following funds:

(I)  The general fund;


(II)  The species conservation trust fund created in section 24-33-111 (2)(a);


(III)  The Colorado nongame conservation and wildlife restoration cash fund

created in section 33-1-125; or

(IV)  The wildlife cash fund created in section 33-1-112 (1); except that any

money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation under this section.

(b)  The lack of an appropriation from the general fund shall not halt

reintroduction of gray wolves as required under subsection (2)(d) of this section.

(c)  The division may solicit, accept, and expend any grants, gifts,

sponsorships, contributions, donations, and bequests, including federal funds, for the purpose of implementing and administering this section.

(4.7) (a)  The division shall not use money appropriated from the general fund

for state fiscal year 2025-26 for the purpose of acquiring or reintroducing gray wolves. The division may use money appropriated for state fiscal year 2025-26 for the purposes listed in subsections (2)(e)(I) and (2)(e)(II) of this section.

(b)  This subsection (4.7) is repealed, effective July 1, 2026.


(5)  As used in this section, unless the context otherwise requires:


(a)  Designated lands means those lands west of the continental divide in

Colorado that the commission determines are consistent with its plan to restore and manage gray wolves.

(b)  Gray wolf means nongame wildlife of the species canis lupus.


(c)  Livestock means cattle, horses, mules, burros, sheep, lambs, swine,

llama, alpaca, and goats.

(d)  Restore or restoration means any reintroduction, as provided for in

section 33-2-105.7 (1)(a), as well as post-release management of the gray wolf in a manner that fosters the species' capacity to sustain itself successfully.

Source: Initiated 2020: Entire section added, Proposition 114, L. 2020, p.

4220, effective upon proclamation of the Governor, December 31, 2020. L. 2021: (2)(e)(II) and (4)(a) amended and (4.5) added, (HB 21-1243), ch. 359, p. 2341, � 1, effective June 27. L. 2025, 1st Ex. Sess.: (4.7) added, (SB 25B-005), ch. 4, p. 13, � 2, effective August 28.

Editor's note: This section was added by Proposition 114, effective upon

proclamation of the governor, December 31, 2020. The vote count for the measure at the general election held November 3, 2020, was as follows:

FOR:  1,590,299


AGAINST:  1,533,313

C.R.S. § 33-6-205

33-6-205. Exemption - departments of health. (1) Section 33-6-203 shall not apply to the taking of wildlife by federal, state, county, or municipal departments of health for the purpose of protecting human health or safety.

(2) (a)  To ensure that the taking of wildlife pursuant to subsection (1) of this

section is accomplished in as competent, safe, effective, and humane a manner as is possible, a department of health may contract with an independent contractor or, by appropriate intergovernmental agreement, enlist the aid of qualified employees or agents of the division, the United States department of agriculture, the state department of agriculture, or a local police department or animal control agency for the taking of wildlife.

(b)  The commission is authorized to adopt and enforce reasonable rules for

the licensing and supervision of persons desiring to act as independent contractors under this section. This paragraph (b) shall not supersede the licensure requirements of the Pesticide Applicators' Act, article 10 of title 35, C.R.S.

Source: L. 97: Entire part added, p. 1067, � 1, effective May 27.

C.R.S. § 33-6-209

33-6-209. Poisons - labeling - definitions. (1) Neither the department of public health and environment or any other state or local agency shall impose or continue in effect a labeling requirement for poisons that differs from the requirements imposed by the United States environmental protection agency or by the Pesticide Act, article 9 of title 35, C.R.S.

(2)  For purposes of this section, poison means any substance or mixture of

substances intended for destroying wildlife, which substance or mixture of substances is registered or required to be registered by the United States environmental protection agency or by the Pesticide Act, article 9 of title 35, C.R.S.

Source: L. 97: Entire part added, p. 1070, � 1, effective May 27.

ARTICLE 7

Snowmobiles

33-7-101 to 33-7-120. (Repealed)


Source: L. 84: Entire article repealed, p. 925, � 19, effective January 1, 1985.


Editor's note: (1)  The substantive provisions of this article as it existed prior

to 1984 are now contained in article 14 of this title.

(2)  This article was numbered as article 13 of chapter 62, C.R.S. 1963. For

amendments to this article prior to its repeal in 1984, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 8

Nongame, Endangered, or Threatened

Species Conservation

33-8-101 to 33-8-110. (Repealed)


Source: L. 84: Entire article repealed, p. 925, � 19, effective January 1, 1985.


Editor's note: (1)  The substantive provisions of this article as it existed prior

to 1984 are now contained in article 2 of this title.

(2)  This article was added in 1973. For amendments to this article prior to its

repeal in 1984, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ADMINISTRATION

ARTICLE 9

Administration of Parks and Wildlife

Cross references: For the legislative declaration in the 2011 act adding this

article, see section 1 of chapter 293, Session Laws of Colorado 2011.

PART 1

GENERAL PROVISIONS

C.R.S. § 35-1-106.3

35-1-106.3. Plant health, pest control, and environmental protection cash fund - creation - repeal. (1) There is hereby created in the state treasury the plant health, pest control, and environmental protection cash fund.

(2)  All revenues collected in pursuit of the department's efforts in relation to

plant health, pest control, and environmental protection shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund. The commission may establish a fee schedule to cover the direct and indirect costs of the collection and distribution of beneficial insects.

(3)  The plant health, pest control, and environmental protection cash fund

consists of any fees, fines, or penalties collected pursuant to articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35; any fees, fines, or penalties collected pursuant to article 8 of title 25; any fees collected under article 12 of this title 35 for the purpose of funding state waters protection activities; and all revenues collected in pursuit of the department's efforts to conduct biological pest control. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of implementing, administering, and enforcing articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35 and of article 8 of title 25; except that any appropriation for the indirect costs of issuing chemigation permits pursuant to section 35-11-106 must not exceed the amount specified in section 35-11-106 (3)(b). Any money from the fund that is allocated for biological pest control must supplement any general fund money appropriated for that purpose.

(4)  At the end of each fiscal year, all unexpended and unencumbered money

in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund; except that the state treasurer shall transfer any unexpended and unencumbered money that is requested by the commissioner to be transferred from the plant health, pest control, and environmental protection cash fund to the emergency invasive-pest response fund created in section 35-1-106.4.

(4.5) (a)  For state fiscal years commencing on or before July 1, 2024, and on

or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund to the plant health, pest control, and environmental protection cash fund.

(b)  Notwithstanding subsection (4) of this section, for the state fiscal year

commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund to the general fund.

(c) (I)  On June 30, 2025, the state treasurer shall transfer one hundred forty-two thousand three hundred forty-two dollars from the plant health, pest control,

and environmental protection cash fund to the general fund.

(II)  This subsection (4.5)(c) is repealed, effective July 1, 2026.


(5)  In accordance with section 24-75-402 (3)(c), C.R.S., the alternative

maximum reserve for the plant health, pest control, and environmental protection cash fund is fifty percent of the amount expended from the fund during each fiscal year.

Source: L. 2009: Entire section added, (HB 09-1249), ch. 87, p. 314, � 1,

effective July 1. L. 2015: (5) amended, (HB 15-1261), ch. 322, p. 1314, � 8, effective June 5. L. 2019: (3) amended, (SB 19-186), ch. 422, p. 3689, � 3, effective August 2. L. 2021: (4) amended, (HB 21-1045), ch. 160, p. 910, � 1, effective September 7. L. 2025: (4) amended and (4.5) added, (SB 25-317), ch. 385, p. 2163, � 46, effective June 3.

Cross references: For the legislative declaration in SB 25-317, see section 1

of chapter 385, Session Laws of Colorado 2025.

C.R.S. § 35-1-106.8

35-1-106.8. Biological pest control cash fund - transfer of moneys to plant health, pest control, and environmental protection cash fund. (1) All revenues collected in pursuit of the department's efforts to conduct its program of biological pest control shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the biological pest control cash fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(2)  (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 315, � 2,

effective July 1, 2009.)

Source: L. 2007: Entire section added, p. 919, � 1, effective May 17. L. 2009:

Entire section amended, (HB 09-1249), ch. 87, p. 315, � 2, effective July 1.

C.R.S. § 35-10-102

35-10-102. Legislative declaration. The general assembly hereby finds and declares that pesticides perform a valuable function in controlling insects, rodents, weeds, and other forms of life which may be injurious to crops, livestock, and other desirable forms of plant and animal life, to structures, and to individuals. The general assembly further finds and declares that pesticides contain toxic substances which may pose a serious risk to the public health and safety and that regulation of pesticide use is necessary to prevent adverse effects on individuals and the environment.

Source: L. 90: Entire article R&RE, p. 1576, � 1, effective May 31.


Editor's note: This section is similar to former � 35-10-102 as it existed prior

to 1990.

C.R.S. § 35-10-103

35-10-103. Definitions. As used in this article 10, unless the context otherwise requires:

(1)  Certified operator means an individual who applies any restricted-use

pesticides for a commercial applicator, registered limited commercial applicator, or registered public applicator, without the on-site supervision of a qualified supervisor and that should be licensed pursuant to section 35-10-114.

(2)  Commercial applicator means any person, other than a private

applicator, who engages in the business of applying pesticides for hire or operating a device for hire that is designated by the commissioner as requiring licensure for use under this article.

(3)  Commissioner means the commissioner of agriculture.


(4)  Department means the department of agriculture.


(5)  Device means any instrument or contrivance, other than a firearm,

intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than humans and other than bacteria, viruses, or other microorganisms on or in living humans or other living animals; except that device does not include equipment used for the application of pesticides when sold separately from a device.

(6)  EPA means the United States environmental protection agency.


(7)  General-use pesticide means any pesticide so designated by the

commissioner or the administrator of the EPA.

(8)  Limited commercial applicator means any person engaged in applying

pesticides in the course of conducting a business other than the production of any agricultural commodity; except that such application shall be only in or on property owned or leased by the person or the person's employer.

(8.5)  Local government means a county, home rule county, city, town, city

and county, home rule city, special district, or other political subdivision of the state.

(9)  Pest means any insect, rodent, nematode, fungus, weed, or other form

of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living humans or in other living animals, that the commissioner or the administrator of the EPA declares to be a pest.

(10)  Pesticide means any substance or mixture of substances intended for

preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term pesticide shall not include any article that is a new animal drug as designated by the United States food and drug administration.

(11)  Plant regulator means any substance or mixture of substances

intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof; except that plant regulator shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, plant regulator shall not be required to include any of those nutrient mixtures or soil amendments which are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, which are not for pest destruction and which are nontoxic and nonpoisonous in the undiluted packaged concentration.

(11.5)  Private applicator means any person who uses or supervises the use

of a 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.

(12)  Public applicator means any agency of the state, any county, city and

county, or municipality, or any other local governmental entity or political subdivision which applies pesticides.

(13)  Qualified supervisor means any individual who, without supervision,

evaluates pest problems or recommends pest controls using pesticides or devices that require licensure under this article for use; mixes, loads, or applies any pesticide; sells pesticide application services; operates devices that require licensure under this article for use; or supervises others in any of these functions.

(14)  Restricted-use pesticide means any pesticide designated as a

restricted- or limited-use pesticide by the commissioner or as a restricted-use pesticide by the administrator of the EPA.

(15) (a)  Technician means any individual who:


(I)  Uses, under the supervision of a qualified supervisor, a device that

requires licensure under this article for use;

(II)  Mixes, loads, or applies general-use pesticides under the supervision of a

qualified supervisor, mixes or loads restricted-use pesticides under the supervision of a qualified supervisor, or applies restricted-use pesticides under the on-site supervision of a qualified supervisor; or

(III)  Evaluates pest problems, recommends products or treatments for pest

problems, or sells application services under the supervision of a qualified supervisor.

(b)  Technician does not include any individual whose duties are solely

clerical or janitorial or otherwise completely disassociated from pest control.

(16)  Under the on-site supervision of refers to work performed by an

individual acting under the instruction and control of a qualified supervisor who is present at the work site at the time the work is being performed.

(17)  Under the supervision of refers to work performed by an individual

acting under the instruction and control of a qualified supervisor, even if the qualified supervisor is not physically present at the work site at the time the work is performed.

(18)  Use means:


(a)  Pre-application activities involving mixing and loading a pesticide;


(b)  Applying the pesticide, including supervising the use of a pesticide by a

noncertified applicator; and

(c)  Other pesticide-related activities, including:


(I)  Transporting or storing pesticide containers that have been opened;


(II)  Cleaning equipment; and


(III)  Disposing of excess pesticides, spray mix, equipment wash water,

pesticide containers, and other pesticide-containing materials.

Source: L. 90: Entire article R&RE, p. 1576, � 1, effective May 31. L. 96: (8) and

(15)(a)(II) amended and (8.5) and (18) added, p. 1373, � 1, effective July 1. L. 2006: (1), (2), and (8) amended and (11.5) added, p. 1259, � 1, effective July 1; (2), (13), and (15)(a)(I) amended, p. 291, � 1, effective July 1. L. 2023: IP and (18) amended, (SB 23-192), ch. 350, p. 2098, � 3, effective August 7. L. 2025: (5) and (9) amended, (HB 25-1084), ch. 24, p. 103, � 41, effective August 6.

Editor's note: (1)  This section is similar to former � 35-10-103 as it existed

prior to 1990.

(2)  Amendments to subsection (2) by House Bill 06-1239 and House Bill 06-1274 were harmonized.

C.R.S. § 35-10-104

35-10-104. Scope of article. (1) Any person who uses or supervises the use of any pesticide or device in the state of Colorado shall be subject to this article and to any rules adopted pursuant thereto.

(2)  (Deleted by amendment, L. 2006, p. 1260, � 2, effective January 1, 2007.)


Source: L. 90: Entire article R&RE, p. 1578, � 1, effective May 31. L. 2006:

Entire section amended, p. 1260, � 2, effective January 1, 2007.

C.R.S. § 35-10-105

35-10-105. Commercial applicator - business license required. Any person acting as a commercial applicator must possess a valid commercial applicator business license issued by the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. A commercial applicator business license may only be issued for the class or subclass of pesticide application in which the qualified supervisor employed or otherwise retained by the commercial applicator is licensed.

Source: L. 90: Entire article R&RE, p. 1579, � 1, effective May 31.


Editor's note: This section is similar to former � 35-10-106 as it existed prior

to 1990.

C.R.S. § 35-10-106

35-10-106. Commercial applicator - license requirements - application - fees. (1) As requisites for licensure, the applicant for a commercial applicator business license shall:

(a)  Obtain liability insurance in the minimum amount of four hundred

thousand dollars with the provision that such policy shall not be canceled unless written notice is provided to the commissioner at least ten days prior to such cancellation; except that liability insurance policies containing a so-called pollution exclusion shall satisfy this paragraph (a);

(b)  Employ or secure the services by documented agreement of a qualified

supervisor who is licensed in the class or subclass of pesticide application or device use performed by the business;

(c)  Provide verifiable training to all technicians in the applicant's employ

according to standards adopted by the commissioner;

(d)  Identify all pesticide application equipment in the form and manner

prescribed by the commissioner;

(e)  If it engages in aerial application of pesticides, possess a certificate

issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.

(2)  Each applicant for a commercial applicator business license shall submit

an application providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that the applicant has complied with subsection (1) of this section.

(3) (a)  If a commercial applicator operates under more than one business

name from a single location, the commercial applicator shall list the name of each such business providing services related to pesticide application with the commissioner in the form and manner designated by the commissioner. The commissioner may require that a separate fee be paid for each business name so listed.

(b)  No additional commercial applicator business license shall be required

for such additional business names.

(c)  If a commercial applicator operates under more than one business name

from a single location, the applicator must maintain separate pesticide application records pursuant to section 35-10-111 and separate business records for each such business name.

(4)  Each applicant for a commercial applicator business license shall pay a

license fee in an amount determined by the commissioner.

(5)  The expiration date of each commercial applicator business license shall

be determined by the commissioner, but the duration of such license shall not exceed three years.

(6)  Each licensee shall report to the commissioner, in the form and manner

the commissioner shall designate, any change to the information provided in such licensee's application or in such reports previously submitted, within fifteen days of such change.

Source: L. 90: Entire article R&RE, p. 1579, � 1, effective May 31. L. 2006:

(1)(b) and (5) amended, p. 291, � 2, effective July 1. L. 2025: (1)(c) and (3)(a) amended, (HB 25-1084), ch. 24, p. 103, � 42, effective August 6.

Editor's note: This section is similar to former �� 35-10-106, 35-10-108, and

35-10-110 as they existed prior to 1990.

C.R.S. § 35-10-109

35-10-109. Limited commercial and public applicators - no business license required - training - rules. (1) A business license is not required for limited commercial or public applicators; except that the commissioner shall require such applicators that apply restricted-use pesticides to register with the department. The commissioner shall determine the form and manner of the registration, as well as the amount of any administrative fees associated with the registration. A limited commercial or public applicator may register voluntarily, regardless of whether the applicator applies restricted-use pesticides, by submitting a request in the form and manner specified by the commissioner.

(2) (a)  A public applicator shall not allow a person working for it to apply a

general-use pesticide that has been listed by the commissioner by rule unless the person has been trained in the core elements of pesticide use as required by the commissioner by rule. The public applicator shall maintain a record of the training as specified by the commissioner by rule.

(b)  The owner or designee of a limited commercial applicator must be trained

in the core elements of pesticide use as required by the commissioner by rule before applying a general-use pesticide that has been listed by the commissioner by rule. The limited commercial applicator shall maintain a record of the training as specified by the commissioner by rule.

Source: L. 90: Entire article R&RE, p. 1580, � 1, effective May 31. L. 2006:

Entire section amended, p. 1261, � 3, effective January 1, 2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 695, � 6, effective May 19.

Editor's note: This section is similar to former � 35-10-113 as it existed prior

to 1990.

C.R.S. § 35-10-110

35-10-110. Registered limited commercial and registered public applicators - requirements for operation. (1) For each class or subclass of pesticide application a registered limited commercial or registered public applicator applies, the applicator shall employ at least one qualified supervisor who is licensed in that class or subclass of pesticide application or shall secure the services of such qualified supervisor by documented agreement.

(2)  Notwithstanding subsection (1) of this section, no registered public

applicator shall be required to pay licensing or certification fees for any qualified supervisor or certified operator whom the applicator may employ.

(3)  Every registered limited commercial or registered public applicator shall

provide verifiable training to all technicians in its employ according to standards adopted by the commissioner. Such standards shall be identical to those adopted by the commissioner with respect to commercial applicators pursuant to section 35-10-106 (1)(c).

(4)  If the commissioner, pursuant to section 35-10-109, establishes a registry

of limited commercial and public applicators, the commissioner may also require that each registered applicator report, in the form and manner the commissioner designates, any change to the information provided by the applicator to the registry or in any reports previously submitted within fifteen days after the change.

Source: L. 90: Entire article R&RE, p. 1580, � 1, effective May 31. L. 2006:

Entire section amended, p. 1261, � 4, effective January 1, 2007. L. 2025: (4) amended, (HB 25-1084), ch. 24, p. 103, � 43, effective August 6.

Editor's note: This section is similar to former � 35-10-113 as it existed prior

to 1990.

C.R.S. § 35-10-111

35-10-111. Record-keeping requirements. (1) Each commercial, registered limited commercial, licensed private, and registered public applicator shall keep and maintain records of each pesticide application in the form and manner designated by the commissioner. The applicator shall retain the records for three years after the date of the pesticide application; except that the record retention period for private applicators is two years.

(2)  The records shall be kept as follows:


(a)  For a commercial applicator, at the address specified in the application

for the commercial applicator's business license;

(b)  For a registered limited commercial or registered public applicator, at the

address specified in the registry authorized in section 35-10-109; or

(c)  For a licensed private applicator, at the address of record on file with the

commissioner.

Source: L. 90: Entire article R&RE, p. 1581, � 1, effective May 31. L. 2006:

Entire section amended, p. 1261, � 5, effective January 1, 2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 694, � 3, effective May 19.

Editor's note: This section is similar to former � 35-10-111 as it existed prior to

1990.

C.R.S. § 35-10-112

35-10-112. Notification requirements - registry of pesticide-sensitive persons - preemption - rules. (1) (a) (I) The commissioner shall promulgate rules for the establishment of a registry of pesticide-sensitive persons to be maintained by the department. Pesticide-sensitive persons may apply to be placed on the registry if they can provide proof of medical justification by a physician licensed in Colorado in the form and manner prescribed by the commissioner. To remain on the registry, a pesticide-sensitive person must update the person's proof of medical justification every two years. The department shall update the registry at least annually, and make the published registry readily accessible, in a form and manner prescribed by the commissioner, to all commercial, registered limited commercial, and registered public applicators on record with the commissioner.

(II)  In applying to be placed on the registry, a pesticide-sensitive person may

list a principal:

(A)  Residential address;


(B)  Employment address; and


(C)  School address.


(b)  The commissioner shall provide standardized notification signs to any

person accepted for the registry for the person to post on the person's property. These signs shall be designed, manufactured, and distributed solely by the department.

(c) (I)  A commercial, registered limited commercial, or registered public

applicator, prior to applying a pesticide in any turf or ornamental category, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and:

(A)  Who has listed the property to be treated as the person's principal

residential, employment, or school address pursuant to subsection (1)(a)(II) of this section;

(B)  Who resides on property that abuts the property to be treated; or


(C)  Who resides in a multiunit dwelling that abuts a common area to be

treated.

(II)  If two property sites would be considered to be abutting but for the fact

that such sites are separated by an alley, for the purposes of this section such sites are deemed to be abutting.

(III)  In notifying a pesticide-sensitive person pursuant to this section, a

commercial, registered limited commercial, or registered public applicator may provide the notice electronically.

(d)  A commercial, registered limited commercial, or registered public

applicator in the wood-destroying organism pest control, residential or commercial pest control, or interior plant pest control categories, prior to making a structural pesticide application to a multiunit dwelling, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application, prior to the application, to any pesticide-sensitive person whose name is on the published registry and who resides at that multiunit dwelling.

(e)  The commissioner may establish rules to further clarify the

circumstances and manner in which notice shall be given to pesticide-sensitive persons.

(f) (I)  On or before July 1, 2024, the department shall develop a searchable

database of all properties that abut, or are entirely located within two hundred fifty feet of, any residential property listed in the registry of pesticide-sensitive persons. If a property is only partially located within two hundred fifty feet of a residential property listed in the registry, and does not abut the residential property, the department shall not include the property in the searchable database.

(II)  When developing the searchable database pursuant to this subsection

(1)(f), the department must:

(A)  Through the commissioner, adopt rules requiring a commercial,

registered limited commercial, or registered public applicator to provide notice to a pesticide-sensitive person if the commercial, registered limited commercial, or registered public applicator treats a property that is listed in the searchable database as abutting, or being entirely located within two hundred fifty feet of, the pesticide-sensitive person's listed residential property. A commercial, registered limited commercial, or registered public applicator is not required to provide notice pursuant to this subsection (1)(f)(II)(A) unless and until the commissioner adopts rules pursuant to this subsection (1)(f)(II)(A).

(B)  Periodically update the searchable database as needed; and


(C)  Provide access to the searchable database to all commercial, registered

limited commercial, and registered public applicators.

(III)  It is an affirmative defense to an allegation that a commercial, registered

limited commercial, or registered public applicator violated rules adopted pursuant to subsection (1)(f)(II)(A) of this section if a failure to notify a pesticide-sensitive person of the treatment of a property that abuts, or is located entirely within two hundred fifty feet of, the pesticide-sensitive person's listed residential property resulted from the fact that the treated property was not listed in the searchable database at the time of the treatment.

(2) (a)  Any commercial, registered limited commercial, or registered public

applicator making a pesticide application in any turf or ornamental category shall, at the time of application, post a sign or signs notifying the public of the application. Such signs shall be posted at any conspicuous point or points of entry to the property receiving the application.

(b)  Any commercial, registered limited commercial, or registered public

applicator making a pesticide application in any aquatic category shall post, at the time of application, a sign or signs notifying the public of the application. Such signs shall be posted in the manner designated by the commissioner through the adoption of rules pursuant to article 4 of title 24, C.R.S.

(c)  The notice-of-application signs specified in paragraphs (a) and (b) of this

subsection (2) shall be water resistant and shall measure at least four inches in height and five inches in width. Each sign shall contain the following information in black lettering and symbols on a bright yellow background:

(I)  The word WARNING, in at least sixty-point bold-faced type;


(II)  The words PESTICIDES APPLIED, in at least twenty-four-point bold-faced type;


(III)  The symbol of a circle at least two inches in diameter with a diagonal

slash over an adult, child, and dog; and

(IV)  The name of the commercial, registered limited commercial, or

registered public applicator that made the application, in at least eighteen-point bold-faced type.

(d)  If a commercial or registered limited commercial applicator makes a

pesticide application on a commercial property site pursuant to paragraph (a) or (b) of this subsection (2) and an owner of the site or an agent of an owner of the site is not present at the site, then, in addition to the information required by paragraph (c) of this subsection (2), the notice-of-application signs posted by the applicator at the site shall also contain the following information in black lettering and symbols on a bright yellow background in at least eighteen-point bold-faced type:

(I)  The telephone number of the applicator;


(II)  The name of the pesticide applied; and


(III)  The date the pesticide was applied.


(3)  No county, city and county, municipality, home rule county, home rule city

and county, or home rule municipality shall enact or impose any notification requirements upon commercial applicators which are more stringent than those imposed by this article; except that each county, city and county, municipality, home rule county, home rule city and county, and home rule municipality shall retain the authority to impose any notification requirements upon private individuals, property owners, and the general public. Any such notification requirement imposed by any county, city and county, municipality, home rule county, home rule city and county, or home rule municipality on private individuals, property owners, or the general public shall not be held to be applicable to any commercial applicator, nor shall any commercial applicator be exposed to any liability for a failure to comply with any such notification requirement.

Source: L. 90: Entire article R&RE, p. 1581, � 1, effective May 31. L. 96: (1)(a),

(1)(c), and (3) amended and (2)(d) added, p. 1374, �� 2, 3, effective July 1. L. 2006: (1)(a) and (1)(c) amended and (1)(d) and (1)(e) added, p. 292, � 4, effective July 1; (1)(a), (1)(c), (2)(a), (2)(b), IP(2)(c), (2)(c)(IV), and IP (2)(d) amended and (1)(d) added, p. 1262, � 6, effective January 1, 2007. L. 2023: (1)(a) and (1)(c)(I)(A) amended and (1)(c)(III) and (1)(f) added, (SB 23-192), ch. 350, p. 2098, � 4, effective August 7. L. 2025: (1)(b) amended, (HB 25-1084), ch. 24, p. 104, � 44, effective August 6.

Editor's note: Amendments to subsections (1)(a), (1)(c), and (1)(d) by House Bill

06-1239 and House Bill 06-1274 were harmonized.

C.R.S. § 35-10-112.5

35-10-112.5. Statewide uniformity of pesticide control and regulation - exceptions. (1) The general assembly hereby determines that:

(a)  The citizens of this state benefit from a system of safe, effective, and

scientifically sound pesticide regulation;

(b)  A system of pesticide regulation that is consistent and coordinated, that

creates statewide uniform standards, and that conforms with both state and federal technical standards and requirements is essential to the public health, safety, and welfare, and finds that local regulation of pesticides that is inconsistent with and adopts different standards from federal and state requirements does not assist in achieving these benefits;

(c)  Through statute and regulation, the state has created a system of

pesticide regulation based upon scientific standards that protects the citizens of this state;

(d)  Although the cultivation of marijuana is illegal under federal law and so

the use of pesticides in cultivating marijuana is not specifically allowed by any pesticide's label, the cultivation of marijuana is specifically allowed and regulated by Colorado law, and the use of pesticides should be regulated pursuant to this article and rules promulgated pursuant to this article rather than pursuant to local laws; and

(e)  Pesticide regulation is a matter of statewide concern.


(2)  A local government shall not adopt or continue in effect any ordinance,

rule, resolution, charter provision, or statute regarding the use of any pesticide by persons regulated by this article or federal law and pertaining to:

(a)  Any labeling or registration requirements for pesticides, including

requirements regarding the name of the product, the name and address of the manufacturer, and any applicable registration numbers;

(b) (I)  The use and application of pesticides by persons regulated by this

article or federal law, including but not limited to, directions for use, classification of pesticides as general or restricted use, mixing and loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker specifications, container storage and disposal, required intervals between application and harvest of food or feed crops, rotational crop restrictions, and warnings against use on certain crops, animals, or objects or against use in or adjacent to certain areas.

(II)  Subparagraph (I) of this paragraph (b) applies to the use and application

of pesticides by persons regulated by this article or federal law in connection with the cultivation of marijuana.

(c)  Except as specifically provided in this article, any warnings and

precautionary statements, notifications, or statements of practical treatment; or

(d)  Licensure, training, or certification requirements for persons regulated

under this article, including any insurance and record-keeping requirements.

(3) (a)  Nothing in this article may be construed to limit the authority of a

local government as defined by state law to:

(I)  Zone for the sale or storage of any pesticide, provide or designate sites

for disposal of any pesticide or pesticide container, adopt or enforce building and fire code requirements, regulate the transportation of pesticides consistently with and in no more strict of a manner than state and federal law, adopt regulations pursuant to a storm water management program that is consistent with federal or state law, or adopt regulations to protect surface or groundwater drinking water supplies consistent with state or federal law concerning the protection of drinking water supplies;

(II)  Take any action specifically authorized or required by any federal or state

law or regulation with respect to pesticides, or to take any action otherwise prohibited by this article in order to comply with any specific federal or state requirement or in order to avoid a fine or other penalty under federal or state law;

(III)  Regulate the use of pesticides on property owned or leased by the local

government;

(IV)  Issue local general occupational licenses to persons regulated by this

article.

(b)  This subsection (3) does not authorize a local government to utilize the

police power or the authority to zone, to provide or designate disposal sites, to adopt and enforce building and fire codes, or to regulate the transportation of pesticides as described in paragraph (a) of this subsection (3) to directly or indirectly regulate or prohibit the application of pesticides by persons regulated by this article or by federal law, including in connection with the cultivation of marijuana.

(c)  Nothing in this article shall be construed to be an implicit grant of

authority to a local government that is not otherwise granted by state law.

(4)  Any local government that promulgates an ordinance that concerns

pesticides, that is promulgated pursuant to section 31-15-707 (1)(b), C.R.S., or that is promulgated pursuant to any authority described in paragraph (a) of subsection (3) of this section concerning pesticides shall file the following with the department of agriculture:

(a)  A certified copy of the ordinance; and


(b)  A map or legal description of the geographic area that the local

government intends to regulate under the ordinance.

Source: L. 96: Entire section added, p. 1375, � 4, effective July 1. L. 2015: (1),

IP(2), (2)(b), and (3)(b) amended, (HB 15-1367), ch. 271, p. 1081, � 20, effective June 4, 2016.

Cross references: For the legislative declaration in HB 15-1367, see section 1

of chapter 271, Session Laws of Colorado 2015.

C.R.S. § 35-10-114.5

35-10-114.5. Private applicator - license required. Any private applicator who uses or supervises the use of a restricted-use pesticide shall possess a valid private applicator license issued by the commissioner in accordance with this article and any rules adopted pursuant to this article. An unlicensed private applicator may use a restricted-use pesticide under the supervision of a licensed private applicator for uses authorized by the licensed private applicator's license.

Source: L. 2006: Entire section added, p. 1263, � 7, effective January 1, 2007.

C.R.S. § 35-10-115

35-10-115. Qualified supervisor, certified operator, and private applicator licenses - examination - application - fees. (1) Each applicant for a qualified supervisor, certified operator, or private applicator license shall:

(a)  Pass a written examination in each class or subclass of pesticide

application, or device use, in which the applicant wishes to be licensed;

(b)  Possess the degree of experience and any other qualifications which may

be required by the commissioner for licensure under this section; and

(c)  If the applicant wishes to be licensed to engage in aerial application of

pesticides, possess a certificate issued by the federal aviation administration as specified in license qualifications adopted by the commissioner.

(2)  Each applicant for licensure under this section shall submit an application

providing all information in the form and manner the commissioner shall designate, including, but not limited to, verification that such applicant has complied with subsection (1) of this section.

(3)  Each licensee shall report to the commissioner, in the form and manner

the commissioner designates, any change to the information provided in the licensee's application or in any such reports previously submitted within fifteen days after the change.

(4)  Each applicant for a license issued under this section shall pay a license

fee in an amount determined by the commissioner, after review by the advisory committee created in section 35-10-125.

(5)  The commissioner shall issue licenses to qualified private applicators on

and after January 1, 2007. A license issued in Colorado by the United States environmental protection agency, issued to a private applicator before January 1, 2007, shall remain valid for purposes of this article through the expiration date of such license.

Source: L. 90: Entire article R&RE, p. 1582, � 1, effective May 31. L. 2006:

(1)(a) amended, p. 293, � 5, effective July 1; IP(1) amended and (5) added, p. 1263, � 9, effective January 1, 2007. L. 2025: (1)(a), (1)(c), and (3) amended, (HB 25-1084), ch. 24, p. 104, � 45, effective August 6.

C.R.S. § 35-10-117

35-10-117. Unlawful acts - deceptive trade practice. (1) Unless otherwise authorized by law, it is unlawful and a violation of this article for any person:

(a)  To perform any of the acts for which licensure as a commercial

applicator, qualified supervisor, certified operator, or private applicator is required without possessing a valid license to do so;

(b)  To hold oneself out as being so qualified to perform any of the acts for

which licensure as a commercial applicator, qualified supervisor, or certified operator is required without possessing a valid license to perform such acts;

(c)  To solicit, advertise, or offer to perform any of the acts for which

licensure as a commercial applicator, qualified supervisor, or certified operator is required without possessing a valid license to perform such acts; to act as an agent for any principal to solicit from any person the purchase of pesticide application or pest control services from the principal when the principal does not possess a valid license to perform the services being offered; or to enter into a contract to perform such services;

(d)  To refuse to comply with a cease-and-desist order issued pursuant to

section 35-10-120;

(e)  To refuse or fail to comply with the provisions of this article;


(f) (I)  To make false, misleading, deceptive, or fraudulent representations.


(II)  No claims of absolute safety shall be made for any product regulated by

this article.

(g)  To impersonate any state, county, city and county, or municipal official or

inspector;

(h)  To refuse or fail to comply with any rules or regulations adopted by the

commissioner pursuant to this article or to any lawful order issued by the commissioner;

(i)  To use, store, or dispose of pesticides, pesticide containers, rinsates, or

other related materials, or to supervise or recommend such acts, in a manner inconsistent with labeling directions or requirements, unless otherwise provided for by law, or in an unsafe, negligent, or fraudulent manner; or

(j)  To refuse or fail to comply with any requirements of the federal worker

protection standards set forth in 40 CFR 170.

(2)  It is unlawful and a violation of this article for any person acting as a

commercial, registered limited commercial, or registered public applicator, or as a qualified supervisor or certified operator:

(a)  To use, store, or dispose of pesticides, pesticide containers, rinsates, or

other related materials, or to supervise or recommend such acts, in a manner inconsistent with labeling directions or requirements, unless otherwise provided for by law, or in an unsafe, negligent, or fraudulent manner;

(b)  To use or recommend the use of any pesticide not registered with the

department pursuant to article 9 of this title or to use or recommend the use of a pesticide in any manner inconsistent with the restrictions of the commissioner or the administrator;

(b.5)  To use or recommend the use of any device that requires licensure for

use in any manner inconsistent with the restrictions of the commissioner or the administrator;

(c)  To use any device that requires licensure for use or any pesticide, or to

direct or recommend such use, without providing appropriate supervision, including, but not limited to, the application of any pesticide without providing the supervision of a qualified supervisor licensed in that class or subclass of pesticide application;

(d)  To maintain or supervise the maintenance of any device that requires

licensure for use or pesticide application equipment, including, but not limited to, loading pumps, hoses, or metering devices, in an unsafe or negligent manner;

(e)  To fail to provide the notification required pursuant to section 35-10-112

(1)(c);

(f)  To make false or misleading representations or statements of fact in any

application, record, or report required by this article or any rules or regulations adopted pursuant thereto;

(g)  To fail to maintain or submit any records or reports required by this

article or any rules or regulations adopted pursuant thereto.

(3)  It is a violation of this article 10 for a commercial applicator, qualified

supervisor, or certified operator:

(a)  To permit the use of the commercial applicator's, qualified supervisor's,

or certified operator's license by any other person;

(b)  To use or supervise or recommend the use of any device that requires

licensure for use, or any pesticide, which, including but not limited to generally accepted standards of practice, would be ineffective or inappropriate for the pest problem being treated;

(c) (I)  To use any device that requires licensure for use or apply any pesticide

or to recommend or supervise such acts in any manner that fails to meet generally accepted standards for such use or application except as provided by subparagraph (II) of this paragraph (c).

(II)  If a commercial applicator receives instructions from a party contracting

for the applicator's services and the commercial applicator knows or should know that using the device or applying the pesticide in the manner specified by the contracting party may not or does not meet generally accepted standards for such use or application, the commercial applicator shall so inform the contracting party. If the contracting party, after being so advised, continues to require the commercial applicator to perform the application or use the device according to these instructions, the commercial applicator may follow these instructions for the application or use unless the application or use would violate any of the directions contained on the pesticide or the device or the labeling of either or would violate any provision of this article 10 or article 9 of this title 35 or any rule adopted pursuant to this article 10 or article 9 of this title 35. If the commercial applicator complies with these requirements, the party contracting for the application of any pesticide or use of any device has no cause of action for damages against the commercial applicator if the application or use causes death or injury to the contracting party or the contracting party's property or is unsatisfactory in its result, unless the contracting party establishes, by a preponderance of the evidence, that such death, injury, or unsatisfactory result resulted from negligence or an intentional act not encompassed within or necessitated by the instructions provided by the contracting party.

(4)  It is unlawful and a violation of this article for any commercial applicator:


(a)  To operate any device that requires licensure for use, or to apply any

pesticide, if the insurance required by section 35-10-106 (1)(a) is not in full force and effect at the time of such use or application, or if it does not have on file with the department, in the form and manner designated by the commissioner, verification that said insurance is in full force and effect;

(b)  To fail to provide any customer with any information required to be so

provided by this article or by any rules and regulations adopted pursuant thereto.

(5)  It is a violation of this article 10 for any employee or official of the

department to disclose or use for the employee's or official's own advantage any information derived from any applications, reports, or records, including medical records, submitted to the department pursuant to this article 10 or to reveal such information to anyone except authorized persons, who may include officials or employees of the state, the federal government, the courts of this or other states, and physicians.

(6)  The failure by any person to comply with the provisions of subsection

(1)(a), (1)(b), (1)(c), (1)(f), or (4)(b) of this section is a deceptive trade practice and is subject to the protections of the Colorado Consumer Protection Act, article 1 of title 6, C.R.S.

Source: L. 90: Entire article R&RE, p. 1583, � 1, effective May 31. L. 2006:

(2)(b), (2)(c), (2)(d), (3)(b), (3)(c)(I), and (4)(a) amended and (2)(b.5) added, p. 294, � 7, effective July 1; (1)(a) and IP(2) amended and (1)(i) and (1)(j) added, p. 1264, � 10, effective January 1, 2007. L. 2025: IP(3), (3)(a), (3)(c)(II), and (5) amended, (HB 25-1084), ch. 24, p. 104, � 47, effective August 6.

Editor's note: This section is similar to former � 35-10-114 as it existed prior

to 1990.

C.R.S. § 35-10-118

35-10-118. Powers and duties of the commissioner - rules. (1) The commissioner is authorized to administer and enforce the provisions of this article and any rules and regulations adopted pursuant thereto.

(2)  The commissioner is authorized to adopt all reasonable rules for the

administration and enforcement of this article, including, but not limited to:

(a)  The regulation of all aspects of pesticide application, including, but not

limited to, the storage, use, application, and disposal of any pesticide or device that requires licensure for use by any person subject to this article;

(b)  The establishment of qualifications for any applicant and standards of

practice for any of the licenses authorized under this article, including the establishment of classifications and subclassifications for any license authorized under this article;

(c)  The issuance and reinstatement of any license authorized under this

article and the grounds for any disciplinary actions authorized under this article, including letters of admonition, other discipline through stipulation, or the restriction, probation, denial, suspension, or revocation of any license authorized under this article;

(d)  The content of the examination required for the administration of this

article and the amount of any examination and examination grading fee.

(3)  The commissioner shall, for examinations required for any license under

this article:

(a)  Develop each such examination, or adopt a commercially standardized

examination, required for the administration of this article and the amount of any examination and examination grading fee;

(b)  Establish a passing score for each examination that reflects a minimum

level of competency in the class or subclass for which the applicant is being tested;

(c)  Administer each such examination or contract with a person, corporation,

or other entity to administer each such examination.

(4)  The commissioner shall establish standards and procedures to issue a

license to any person who possesses a valid license from another jurisdiction, where the qualifications for that license are substantially similar to those adopted for a comparable license authorized under this article.

(5)  The commissioner shall establish any competency requirements and

standards for any individuals licensed under section 35-10-115.

(6)  The commissioner is authorized to conduct hearings required under

sections 35-10-119 and 35-10-120 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the department.

(7)  The commissioner is authorized to determine the amount of any licensing

fee authorized under this article based on the actual cost of administering and enforcing the article and any rules and regulations adopted pursuant thereto.

(8)  The commissioner is authorized to enter into cooperative agreements

with any agency or political subdivision of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving grants-in-aid, securing uniformity of rules, and entering into reciprocal licensing agreements.

(8.5) (a)  The department may provide the following only to the extent of

funding received pursuant to paragraph (b) of this subsection (8.5):

(I)  Education programs for urban residents regarding the proper use of

pesticides and regarding the dangers of misuse or overuse of pesticides; and

(II)  Education programs for firefighters regarding precautions and

procedures that are necessary when fighting fires that involve or are in the vicinity of pesticides or fertilizers.

(b)  The commissioner may accept gifts, grants, and donations of any kind

from any private or public source for the purposes of this subsection (8.5). The commissioner shall transmit all such gifts, grants, or donations to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(9)  The commissioner is authorized to promulgate rules and regulations to

comply with the Federal Insecticide, Fungicide, and Rodenticide Act, as amended; except that such rules and regulations shall not contravene any provision of this article, article 9 of this title, or any other provision of state law.

(9.5)  The commissioner shall designate by rule which devices, when

operated for hire, require the operator to be licensed as a commercial applicator. Licensure shall be required only for the use of those devices that, as determined by the commissioner, may constitute a significant risk to public health or safety.

(9.7) (a)  The commissioner shall:


(I)  Develop an online complaint process on the department's website that

allows members of the public to fill out and submit a complaint form online; and

(II)  Provide the complaint form in a manner that is:


(A)  Easily accessible on the department's website;


(B)  User-friendly;


(C)  Printable; and


(D)  Accompanied by easy-to-follow instructions.


(b)  The complaint form or the instructions accompanying the complaint form

must include the department's mailing address so that a member of the public may choose to print and submit the complaint form by mail instead of electronically.

(10)  The powers and duties vested in the commissioner by this article may be

delegated to qualified employees of the department.

Source: L. 90: Entire article R&RE, p. 1585, � 1, effective May 31. L. 96: (2)(c)

and (3) amended and (8.5) added, p. 1377, � 6, effective July 1. L. 2006: IP(2), (2)(a), (2)(d), and (3) amended and (9.5) added, p. 295, �� 8, 9, effective July 1; (8.5)(b) amended, p. 1265, � 12, effective January 1, 2007. L. 2009: (8.5)(b) amended, (HB 09-1249), ch. 87, p. 316, � 6, effective July 1. L. 2023: (9.7) added, (SB 23-192), ch. 350, p. 2100, � 8, effective August 7.

Editor's note: This section is similar to former �� 35-10-104 and 35-10-117 as

they existed prior to 1990.

Cross references: For the Federal Insecticide, Fungicide, and Rodenticide

Act, see Pub.L. 92-516, codified at 7 U.S.C. � 136 et seq.

C.R.S. § 35-10-119

35-10-119. Inspections - investigations - access - subpoena. (1) The commissioner shall provide for the inspection and analysis of pesticides being used and for the inspection of equipment, devices that require licensure for use, or apparatus used for the application of pesticides, and the commissioner may require proper repairs or other changes before further use.

(2)  The commissioner, upon the commissioner's own motion or upon the

complaint of any person, may make all investigations necessary to ensure compliance with this article 10.

(3)  Complaints of record made to the commissioner and the results of the

commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.

(4)  At any reasonable time during regular business hours, the commissioner

shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:

(a)  To any land, water, or structures thereon in which any devices that

require licensure for use, pesticides, containers, rinsates, or other related materials are or have been kept, used, stored, handled, processed, disposed of, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;

(b)  To all records required to be kept and may make copies of such records

for the purpose of carrying out any provision of this article or any rule made pursuant to this article.

(5)  The commissioner may administer oaths and take statements; issue

subpoenas requiring the attendance of witnesses before the commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of a witness to obey a subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court is punishable as a contempt of court.

Source: L. 90: Entire article R&RE, p. 1587, � 1, effective May 31. L. 2006: (1)

and (4)(a) amended, p. 296, � 10, effective July 1; (4)(a) amended, p. 1265, � 13, effective January 1, 2007. L. 2025: (2), (3), and (5) amended, (HB 25-1084), ch. 24, p. 105, � 48, August 6.

Editor's note: (1)  This section is similar to former � 35-10-115 as it existed

prior to 1990.

(2)  Amendments to subsection (4)(a) by House Bill 06-1239 and House Bill

06-1274 were harmonized.

C.R.S. § 35-10-124

35-10-124. Information - use and handling of pesticides - enforcement action - credentialing information - definition. (1) The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to the use and handling of pesticides and conduct workshops for the purpose of informing the pesticide applicators of new developments in the field of pesticides.

(2)  The commissioner shall provide internet access to finalized enforcement

action information to the general public consisting of, at a minimum, the name of the violator, date of the action, city or county in which the violation occurred, nearest major intersection of roads to where the violation occurred, and final enforcement disposition. The commissioner shall publish the information in a form and manner designated by the commissioner within thirty days after the final disposition.

(3) (a)  The commissioner shall:


(I)  Publish and periodically update information on the department's website

informing consumers about which pesticide applicators are credentialed in compliance with this article 10; and

(II)  Provide the credentialing information specified in subsection (3)(a)(I) of

this section in a manner that members of the public may easily access and search on the website.

(b)  As used in this subsection (3), credentialed means having a valid license

or registration issued pursuant to this article 10.

Source: L. 90: Entire article R&RE, p. 1589, � 1, effective May 31. L. 2015:

Entire section amended, (SB 15-119), ch. 201, p. 695, � 7, effective May 19. L. 2023: (3) added, (SB 23-192), ch. 350, p. 2100, � 7, effective August 7.

Editor's note: This section is similar to former � 35-10-116 as it existed prior

to 1990.

C.R.S. § 35-10-125

35-10-125. Advisory committee. (1) The state agricultural commission created in section 35-1-105 shall appoint an advisory committee of fifteen members to advise the commissioner on agricultural, human health, environmental, wildlife, worker safety, and other matters regarding the use of pesticides in Colorado and to assist the commissioner in promulgating rules to carry out this article.

(2)  The advisory committee is a state public body, as defined in section 24-6-402 (1)(d), and consists of the following members:


(a)  A formulator, or a formulator's Colorado representative, actively engaged

in the sale of pesticides in Colorado;

(b)  A commercial applicator, licensed under this article, who is actively

engaged in the commercial application of pesticides for the control of agricultural crop pests;

(c)  A commercial applicator, licensed under this article, who is actively

engaged in the commercial application of pesticides for the control of turf or ornamental pests;

(d)  A commercial applicator, licensed under this article, who is actively

engaged in the application of pesticides for the control of structural pests;

(e)  A qualified supervisor, employed by a limited commercial applicator

registered under this article, who is actively engaged in the application of pesticides;

(f)  Two representatives from public applicators registered under this article,

each of whom shall be an elected official or a designee thereof;

(g)  A representative from Colorado state university agricultural experiment

station or extension service;

(h)  Two representatives from the Colorado department of public health and

environment, both of whom have expertise in either:

(I)  Human health with respect to toxicology, pest-related disease vectors,

and epidemiology;

(II)  Hazardous materials and food safety;


(III)  Air pollution and hazardous pesticide air pollutants; or


(IV)  Water pollution and agricultural activities;


(i)  Two representatives from the general public, one of whom is actively

engaged in urban agricultural production;

(j)  A member of a state or national apiary or beekeeper association who is

currently active in apiary management and who is either an elected official of or a designee of the association;

(k)  A representative from the agricultural sector who is a worker, as that

term is defined in 40 CFR 170.3; and

(l)  A representative from the agricultural sector who is actively engaged in

organic agricultural production.

(3)  All members of the advisory committee, with the exception of the

formulator, shall be residents of this state.

(4)  Each member of the committee serves a term of three years and may

serve a maximum of two consecutive terms on the committee; except that a committee member appointed pursuant to subsection (2)(g) or (2)(h) of this section may serve unlimited terms for the duration of the committee member's employment by the agency that the committee member represents.

(5)  Members of the advisory committee shall receive no compensation but

shall be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of such committee.

(6)  Repealed.


Source: L. 90: Entire article R&RE, p. 1589, � 1, effective May 31. L. 96: (6)

repealed, p. 31, � 2, effective March 18. L. 2006: (2)(e) and (4) amended, p. 1266, � 16, effective July 1; (2)(h) amended, p. 296, � 11, effective July 1. L. 2015: (1), IP(2), (2)(h), and (2)(i) amended and (2)(j), (2)(k), and (2)(l) added, (SB 15-119), ch. 201, p. 695, � 8, effective May 19. L. 2023: (4) amended, (SB 23-192), ch. 350, p. 2101, � 9, effective August 7. L. 2025: IP(2) and (2)(a) amended, (HB 25-1084), ch. 24, p. 106, � 50, effective August 6.

Editor's note: This section is similar to former � 35-10-121 as it existed prior

to 1990.

C.R.S. § 35-10-126

35-10-126. Transfer of money from fees and civil penalties. (1) All fees collected pursuant to this article 10 shall be transmitted to the state treasurer, who shall credit the money to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(2)  All civil penalties collected pursuant to section 35-10-122 shall be

transmitted to the state treasurer, who shall credit the money to the general fund.

Source: L. 90: Entire article R&RE, p. 1590, � 1, effective May 31. L. 2006:

Entire section amended, p. 1266, � 17, effective July 1. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 317, � 7, effective July 1. L. 2023: Entire section amended, (SB 23-192), ch. 350, p. 2100, � 6, effective August 7.

Editor's note: This section is similar to former � 35-10-107 as it existed prior

to 1990.

C.R.S. § 35-10-128

35-10-128. Repeal of article - review of functions. This article 10 is repealed, effective September 1, 2034. Before the repeal, this article 10 is scheduled for review in accordance with section 24-34-104. As part of its review, the department of regulatory agencies shall report on the extent of local regulation of pesticides pursuant to section 31-15-707 (1)(b) or under the police power of any political subdivision of the state.

Source: L. 90: Entire article R&RE, p. 1590, � 1, effective May 31. L. 91: Entire

section amended, p. 689, � 63, effective April 20. L. 93: Entire section amended, p. 997, � 2, effective June 2. L. 96: Entire section amended, p. 1379, � 10, effective July 1. L. 2006: Entire section amended, p. 296, � 13, effective July 1; entire section amended, p. 1267, � 18, effective July 1; entire section amended, p. 1267, � 19, effective January 1, 2007. L. 2015: Entire section amended, (SB 15-119), ch. 201, p. 693, � 2, effective May 19. L. 2023: Entire section amended, (SB 23-192), ch. 350, p. 2097, � 2, effective August 7.

Editor's note: This section is similar to former � 35-10-125 as it existed prior

to 1990.

ARTICLE 11

Colorado Chemigation Act

Editor's note: This article was repealed in 1983 and was subsequently

recreated and reenacted in 1987, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1983, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

C.R.S. § 35-11-102

35-11-102. Definitions. As used in this article 11, unless the context otherwise requires:

(1)  Chemical means any fertilizer or pesticide.


(2)  Chemigation means any process whereby chemicals are applied to land

or crops in or with water through a closed irrigation system. Chemigation does not mean any process whereby chemicals are applied to land or crops in or with water pumped from a stock watering well, a domestic well with a diameter of two inches or less, or from a tailwater collection pond.

(3)  Commissioner means the commissioner of agriculture.


(4)  Contamination means the degradation of natural water quality as a

result of human activities.

(5)  Department means the department of agriculture.


(6)  Fertilizer means any formulation or product used as a plant nutrient

which is intended to promote plant growth and contains one or more plant nutrients.

(7)  Groundwater means any water not visible on the surface of the ground

under natural conditions.

(8)  Irrigation system means any device or combination of devices having a

hose, pipe, or other conduit, which connects directly to any source of groundwater or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. Irrigation system does not include any hand-held hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source and does not include stock water wells, any domestic well with a diameter of two inches or less, or a system which includes a tailwater collection pond.

(9)  Open discharge system means a system in which the water is pumped

or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted.

(10)  Person means a natural person, corporation, business trust, estate,

trust, partnership, association, joint venture, or any other legal or commercial entity.

(11)  Pesticide means any substance or mixture of substances intended for

preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(12)  Pollution means the human-made or human-induced alteration of the

physical, chemical, biological, or radiological integrity of water.

Source: L. 87: Entire article RC&RE, p. 1278, � 1, effective July 1. L. 88: (2) and

(8) amended, p. 1219, � 1, effective July 1. L. 2025: IP, (4), and (12) amended, (HB 25-1084), ch. 24, p. 106, � 51, effective August 6.

C.R.S. § 35-11-114

35-11-114. Chemigation program management fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the chemigation program management fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(2)  (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 317, � 8,

effective July 1, 2009.)

Source: L. 87: Entire article RC&RE, p. 1283, � 1, effective July 1. L. 2009:

Entire section amended, (HB 09-1249), ch. 87, p. 317, � 8, effective July 1.

C.R.S. § 35-11-115

35-11-115. Penalties. (1) On and after January 1, 1990, any person utilizing chemigation without a permit commits a class 6 felony and shall be punished as provided in section 18-1.3-401 (1)(a)(IV), C.R.S., and by a fine not to exceed one thousand dollars.

(2)  Any person who violates any provision of subsection (1) of this section

shall also be subject to a civil penalty assessed by the court of not less than one hundred dollars nor more than one thousand dollars for each such violation. All civil penalties collected under this subsection (2) shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

Source: L. 87: Entire article RC&RE, p. 1283, � 1, effective July 1. L. 88: (1)

amended, p. 1221, � 4, effective July 1. L. 89: (1) amended, p. 848, � 126, effective July 1. L. 2002: (1) amended, p. 1547, � 307, effective October 1. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 317, � 9, effective July 1.

Cross references: For the legislative declaration contained in the 2002 act

amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.

C.R.S. § 35-11-117

35-11-117. Effective date of rules and regulations. The effective date for the initial rules and regulations promulgated pursuant to this article shall be July 1, 1989.

Source: L. 88: Entire section added, p. 1221, � 6, effective July 1.

ORGANICALLY GROWN PRODUCTS

ARTICLE 11.5

Organic Certification Act

35-11.5-101.  Short title. This article shall be known and may be cited as the

Organic Certification Act.

Source: L. 89: Entire article added, p. 1376, � 1, effective June 6.


35-11.5-102.  Legislative declaration. The general assembly declares that

the purpose of this article is to provide a means for the general public to recognize and purchase organically grown agricultural products and to assist Colorado producers in the marketing of such products. The general assembly further declares that uniformity in labeling will protect both consumers and producers by providing assurance of compliance with recognized production standards.

Source: L. 89: Entire article added, p. 1376, � 1, effective June 6.


35-11.5-103.  Definitions. As used in this article, unless the context

otherwise requires:

(1) (a)  Agricultural products means any agricultural, horticultural,

floricultural, viticultural, or vegetable product grown or produced.

(b)  Nothing in paragraph (a) of this subsection (1), as amended by House Bill

05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a floricultural operation.

(2)  Commissioner means the commissioner of agriculture.


(3)  Department means the department of agriculture.


(4) to (7)  Repealed.


(8)  Secretary means the United States secretary of agriculture or a

representative to whom authority has been delegated to act in the secretary's stead.

(9)  State organic certification program or state certification means the

program that implements 7 U.S.C. sec. 6501 et seq. and 7 CFR 205 in Colorado in order that the state certify organic producers pursuant to 7 U.S.C. sec. 6507.

Source: L. 89: Entire article added, p. 1376, � 1, effective June 6. L. 2002: (8)

and (9) added, p. 1112, � 3, effective June 3 and (4) to (7) repealed, p. 1111, � 2, effective October 18. L. 2005: (1) amended, p. 351, � 10, effective August 8.

Cross references: For the legislative intent contained in the 2002 act

enacting subsections (8) and (9) and repealing subsections (4) to (7), see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-104.  Rules. (1)  To carry out the provisions of this article, the

commissioner shall adopt appropriate rules pursuant to section 24-4-103, C.R.S., concerning the following:

(a)  Fees to fund all direct and indirect costs of the administration and

implementation of this article;

(b) to (i)  Repealed.


(j)  The provisions of 7 U.S.C. sec. 6501 et seq. and 7 CFR 205, applicable to

the certification of organic producers;

(k)  Confidentiality of information and documents pursuant to section 35-11.5-105 (4);


(l)  Establishment of minimum standards for the qualification of individuals

who are authorized to make inspections as agents of the commissioner under this article and who are not employees of the department.

Source: L. 89: Entire article added, p. 1377, � 1, effective June 6. L. 2002: IP(1)

and (1)(a) amended and (1)(j) and (1)(k) added, p. 1112, � 4, effective June 3 and (1)(b) to (1)(i) repealed, p. 1112, � 5, effective October 18. L. 2010: (1)(1) added, (SB 10-038), ch. 165, p. 581, � 1, effective July 1.

Cross references: For the legislative intent contained in the 2002 act

amending the introductory portion to subsection (1) and subsection (1)(a), enacting subsections (1)(j) and (1)(k), and repealing subsections (1)(b) to (1)(i), see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-105.  Delegation of duties - inspections - cooperative agreements -

confidentiality. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.

(b)  Inspections conducted under the state organic certification program may

be performed by the commissioner or the commissioner's authorized agents.

(2)  The department may receive grants-in-aid from any agency of the United

States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions.

(3)  The department and the commissioner shall coordinate with the

secretary to implement the state organic certification program pursuant to this article.

(4)  The commissioner and the commissioner's authorized representative

shall maintain strict client confidentiality under the organic certification program and shall not disclose to third parties any business-related information concerning any client obtained while implementing this article; except that the secretary shall have access to such information and the following information shall be made available to the public:

(a)  Certificates issued during the current calendar year and the three

immediately preceding calendar years;

(b)  A list of producers and handlers whose operations have been certified

during the current calendar year and the three immediately preceding calendar years, including for each the name of the operation, type of operation, products produced, and the effective date of the certification;

(c)  The results of laboratory analyses for residues of pesticides and other

prohibited substances conducted during the current calendar year and the three immediately preceding calendar years; and

(d)  Other business information as permitted in writing by the producer or

handler.

Source: L. 89: Entire article added, p. 1377, � 1, effective June 6. L. 2002: (3)

and (4) added, p. 1113, � 6, effective June 3. L. 2010: (1) amended, (SB 10-038), ch. 165, p. 581, � 2, effective July 1.

Cross references: For the legislative intent contained in the 2002 act

enacting subsections (3) and (4), see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-106.  Organic producer certification required. (Repealed)


Source: L. 89: Entire article added, p. 1377, � 1, effective June 6. L. 2002:

Entire section repealed, p. 1113, � 7, effective October 18.

Cross references: For the legislative intent contained in the 2002 act

repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-107.  Organic producer certification - application - fees. (Repealed)


Source: L. 89: Entire article added, p. 1378, � 1, effective June 6. L. 2002:

Entire section repealed, p. 1114, � 8, effective October 18.

Cross references: For the legislative intent contained in the 2002 act

repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-108.  Renewal. (Repealed)


Source: L. 89: Entire article added, p. 1378, � 1, effective June 6. L. 2002:

Entire section repealed, p. 1114, � 9, effective October 18.

Cross references: For the legislative declaration contained in the 2002 act

repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-109.  Prohibited acts. (Repealed)


Source: L. 89: Entire article added, p. 1378, � 1, effective June 6. L. 93: (2)

amended, p. 1791, � 84, effective June 6. L. 2002: Entire section repealed, p. 1114, � 10, effective October 18.

Cross references: For the legislative intent contained in the 2002 act

repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-110.  Administration and enforcement. (Repealed)


Source: L. 89: Entire article added, p. 1378, � 1, effective June 6. L. 2002:

Entire section repealed, p. 1114, � 11, effective October 18.

Cross references: For the legislative intent contained in the 2002 act

repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-111.  Denial - suspension - revocation. (Repealed)


Source: L. 89: Entire article added, p. 1379, � 1, effective June 6. L. 2002:

Entire section repealed, p. 1115, � 12, effective October 18.

Cross references: For the legislative intent contained in the 2002 act

repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-112.  Civil penalties. (Repealed)


Source: L. 89: Entire article added, p. 1379, � 1, effective June 6. L. 2002:

Entire section repealed, p. 1116, � 13, effective October 18.

Cross references: For the legislative declaration contained in the 2002 act

repealing this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-113.  Organic certification fund - transfer of moneys to plant health,

pest control, and environmental protection cash fund - fees. (1) All fees and penalties collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the organic certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(2)  (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 318, � 10,

effective July 1, 2009.)

Source: L. 89: Entire article added, p. 1380, � 1, effective June 6. L. 2002:

Entire section amended, p. 1116, � 14, effective June 3. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 318, � 10, effective July 1.

Cross references: For the legislative intent contained in the 2002 act

amending this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-114.  Advisory board. (1)  Effective July 1, 2010, for the purpose of

assisting the commissioner in formulating rules for carrying out the provisions of this article, there is hereby created an organic certification advisory board, to be composed of twelve members appointed by the commissioner, as follows: Nine shall represent certified organic operations; one shall be a consumer representing the general public; one shall be a representative from the Colorado cooperative extension service; and one shall be a representative from the Colorado agricultural experiment station. The nine advisory board members representing certified organic operations shall represent the following four categories of organic certification, in proportion to the number of organic operations certified in each category:

(a)  Crop production;


(b)  Livestock production;


(c)  Processing/handling; and


(d)  Wild crop handling.


(2)  The members of the organic certification advisory board shall serve terms

of three years and may be reappointed.

(3)  Members of the advisory board shall receive no compensation but shall

be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of such board.

(4)  (Deleted by amendment, L. 93, p. 675, � 11, effective May 1, 1993.)


Source: L. 89: Entire article added, p. 1380, � 1, effective June 6. L. 93: (1) and

(4) amended, p. 675, � 11, effective May 1. L. 2010: (1) and (2) amended, (SB 10-038), ch. 165, p. 582, � 3, effective July 1.

35-11.5-115.  Liability. The state assumes no liability for persons who

misrepresent any agricultural product under the authority of this article.

Source: L. 89: Entire article added, p. 1381, � 1, effective June 6.


35-11.5-116.  Accreditation. The commissioner shall seek accreditation from

the secretary and shall create and submit a plan for the establishment of a state organic certification program to the secretary for approval pursuant to 7 U.S.C. sec. 6507.

Source: L. 2002: Entire section added, p. 1117, � 15, effective June 3.


Cross references: For the legislative intent contained in the 2002 act

enacting this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

35-11.5-117.  Conflict with federal law. If the secretary or a court of

competent jurisdiction determines that there is a conflict between this article and any provisions of the federal Organic Foods Production Act of 1990, 7 U.S.C. sec. 6501 et seq. or 7 CFR 205, the provisions of the federal act and rules shall control, and the commissioner shall perform the duties and discharge the obligations contained in the federal act. If such a determination is made, the commissioner shall submit a report to the general assembly explaining the conflict.

Source: L. 2002: Entire section added, p. 1117, � 15, effective June 3.


Cross references: For the legislative intent contained in the 2002 act

enacting this section, see section 1 of chapter 285, Session Laws of Colorado 2002.

FERTILIZERS

ARTICLE 12

Commercial Fertilizers and Soil Conditioners

Editor's note: This article was numbered as article 13 of chapter 6, C.R.S.

1. The provisions of this article were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

C.R.S. § 35-12-103

35-12-103. Definitions. As used in this article 12, unless the context otherwise requires:

(1)  Availability means the immediate potential property of a plant nutrient

to be utilized by a plant and have agronomic value when used according to directions.

(2)  Bulk fertilizer, bulk soil conditioner, or bulk plant amendment means

a commercial fertilizer, soil conditioner, or plant amendment, respectively, distributed in nonpackaged form or in a container containing more than one hundred pounds.

(3)  Commercial fertilizer means a fertilizer or other substance containing

one or more essential available plant nutrients that is distributed for its plant nutrient content and is designed for use and has value in promoting plant growth. Commercial fertilizer does not include untreated manures, compost and treated manure distributed without commercial fertilizer labeling, soil conditioners, plant amendments, and other products exempted by rule of the commissioner.

(4)  Commission means the state agricultural commission.


(5)  Commissioner means the commissioner of agriculture of Colorado or

the commissioner's authorized agent.

(6)  Compost means a substance, derived from a process of biologically

degrading organic materials, that contains one or more essential available plant nutrients and complies with the minimum standards specified by rule of the commissioner that regulate compost.

(7)  Custom mix means a commercial fertilizer, soil conditioner, or plant

amendment prepared expressly for, and according to specifications furnished by, a customer prior to mixing.

(8)  Department means the Colorado department of agriculture and

includes the state agricultural commission, the commissioner of agriculture, and all employees and agents of the department.

(9)  Distribute means to import, consign, sell, offer to sell, barter, or

otherwise supply a commercial fertilizer, soil conditioner, plant amendment, compost, or manure, for use in or shipment to this state.

(10)  Distributor means any person who distributes a commercial fertilizer,

soil conditioner, plant amendment, compost, or manure.

(11)  Essential means necessary for the maintenance and growth of plants.


(12)  Fertilizer means a substance or product that contains one or more

essential available plant nutrients.

(13)  Grade means the percentage of total nitrogen, available phosphate,

and soluble potash in the same terms, order, and percentages as in the guaranteed analysis.

(14) (a)  Guaranteed analysis means the minimum percentage of plant

nutrients claimed in the following order and form:

Total Nitrogen (N)  percent


Available Phosphate (P2O5)  percent


Soluble Potash (K2O)  percent


(b)  Guarantees for plant nutrients, other than nitrogen, phosphorus, and

potassium, may be permitted or required by rule of the commissioner. The guarantees for these other nutrients shall be expressed in the form, availability, and minimum quantity of the element set by rule. The sources of nutrients, salts, chelates, and similar compounds are required to be stated on the application for registration and may be included as a parenthetical statement on the label.

(c)  Guaranteed analysis of a custom mix may appear as in paragraph (a) of

this subsection (14) or may include the net weight and guaranteed analysis of each plant nutrient or fertilizer in the mix.

(15)  Investigational allowance means an allowance for variations inherent

in the taking, preparation, and analysis of an official sample of commercial fertilizer, soil conditioner, or plant amendment.

(16)  Label means the display of all written, printed, or graphic matter on

the immediate container of, or a statement accompanying, a commercial fertilizer, soil conditioner, plant amendment, compost, or manure.

(17)  Labeling means all written, printed, graphic, or verbal information on,

accompanying, or used in promoting any commercial fertilizer, soil conditioner, plant amendment, compost, or manure, including advertisements, brochures, and posters and television, radio, and internet announcements.

(18)  Manufacturing facility means any place where a commercial fertilizer,

soil conditioner, plant amendment, or compost is manufactured, produced, compounded, mixed, blended, or in any way altered chemically or physically. Mobile units shall be considered a part of the manufacturing facility where the units are based.

(19)  Manure means animal or vegetable manure and includes treated and

untreated manure.

(20)  Official sample means any sample of commercial fertilizer, soil

conditioner, plant amendment, compost, or manure that is taken and designated as official by the department.

(21)  Packaged fertilizer, packaged soil conditioner, or packaged plant

amendment means a commercial fertilizer, soil conditioner, or plant amendment, respectively, that is distributed in a closed container and contains one hundred pounds or less of the commercial fertilizer, soil conditioner, or plant amendment.

(22)  Percent or percentage means the percentage by weight.


(23)  Plant amendment and soil conditioner guaranteed analysis means the

percentage of each of the ingredients.

(24)  Plant amendments means any devices or substances applied to the

soil, plants, or seeds that are intended to improve germination, growth, yield, product quality, reproduction, flavor, or other desirable characteristics of plants. Plant amendments does not include commercial fertilizers, soil amendments, untreated manures, pesticides, plant regulators, compost and treated manures that are distributed without plant amendment labeling, or other materials exempted by rules promulgated by the commissioner.

(25)  Plant nutrients means those chemical or organic forms of nitrogen (N),

phosphorus (P2O5), potassium (K2O), other secondary and micronutrients, calcium (Ca), magnesium (Mg), sulfur (S), boron (B), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), or zinc (Zn) that are absorbed by crops and are essential to the plants.

(26)  Product means a commercial fertilizer, plant amendment, or soil

conditioner in the form in which it is intended to be distributed. For the purposes of this article, a product that differs from another product in the name of the product, composition, labeling claims or directions for use, grade, or guaranteed analysis shall be considered a separate product that requires its own registration.

(27)  Registrant means a person who is registered or is required to be

registered to manufacture or distribute commercial fertilizers, soil conditioners, plant amendments, or compost under the provisions of this article.

(28)  Sewage sludge, sewage effluents, and biosolids means all materials

resulting from domestic wastewater treatment that contain concentrations of organic or inorganic materials.

(29)  Soil conditioner means a substance, defined by rule of the

commissioner, intended to improve the chemical or physical characteristics of the soil that is sold, offered for sale, or intended for sale. It does not include commercial fertilizers, plant amendments, untreated manures, compost and treated manures that are distributed without soil conditioner labeling claims, or any other materials that may be exempted by rule of the commissioner. Soil conditioners may be sold in package or in bulk.

(30)  Specialty fertilizer means a commercial fertilizer distributed primarily

for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, parks, and cemeteries.

(31)  Ton means a net weight of two thousand pounds avoirdupois.


(32)  Treated manures means substances composed primarily of excreta,

plant or animal material, sewage sludge, sewage effluents, and biosolids, or mixtures of such substances that have been treated in any manner, including mechanical drying, grinding, pelleting, or other means, or by adding other chemicals or substances.

(33)  Untreated manures means substances composed primarily of excreta,

plant remains, or mixtures of such substances that have not been treated in any manner, including mechanical drying, grinding, pelleting, or other means, or by adding other chemicals or substances.

Source: L. 71: R&RE, p. 133, � 1. C.R.S. 1963: � 6-13-3. L. 77: Entire section

R&RE, p. 1581, � 2, effective July 1. L. 96: (2), (16)(a)(I), (16)(b), and (20) amended, p. 101, � 1, effective March 20. L. 2008: Entire article amended, p. 1608, � 1, effective August 5. L. 2019: IP and (30) amended, (HB 19-1329), ch. 267, p. 2513, � 1, effective May 23.

C.R.S. § 35-12-106

35-12-106. Distribution fees. (1) All registrants, except those who package only in containers of ten pounds or less, shall pay the commissioner a distribution fee as established by the commission for all commercial fertilizers, soil conditioners, or plant amendments distributed in this state. For the purpose of funding the department's state waters protection efforts, an additional fee per ton of commercial fertilizer shall be paid to the commissioner as established by the commission. This increment per ton of commercial fertilizer shall be collected by the commissioner and transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(2)  Registrants of specialty fertilizers, soil conditioners, or plant

amendments packaged in containers of ten pounds or less shall pay the commissioner a distribution fee as established by the commission, for all specialty fertilizers, soil conditioners, or plant amendments distributed in this state.

(3)  Each person registering any commercial fertilizer, soil conditioner, or

plant amendment and each person producing custom mixes in this state shall keep adequate records showing the pounds or tonnage distributed in this state, and the commissioner has the authority to examine such records to verify the statement of pounds or tonnage.

(4)  Each registrant shall file an affidavit with the commissioner within forty-five days after the date specified by rule of the commissioner that discloses the

pounds or tonnage of commercial fertilizer, soil conditioner, or plant amendment distributed in the state during the preceding twelve-month period and any other information as required by rules adopted by the department. If the affidavit is not filed and the distribution fee is not paid within the forty-five-day period, or if the report of pounds or tonnage is false, the commissioner may revoke the registration and assess a penalty established by the commission. The distribution fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant.

(5)  When more than one person is involved in the distribution of a

commercial fertilizer, soil conditioner, or plant amendment, the last registrant to distribute the product is responsible for reporting the annual pounds or tonnage and paying the distribution fee, unless the annual report and payment has been made by a prior distributor.

(6)  Distribution fees are not required for ingredients that have already been

included in the tonnage or pounds for which a Colorado distribution fee has been paid.

(7)  The distribution fees required to be paid by this section shall not apply to

untreated manure or compost and treated manure distributed without commercial fertilizer, soil conditioner, or plant amendment labeling claims.

(8) (a)  For each fiscal year, commencing July 1, fifty percent of the direct and

indirect costs of administering and enforcing this article shall be funded from the general fund. The commission shall establish a fee schedule to cover any direct and indirect costs not funded from the general fund. All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.

(b)  Repealed.


Source: L. 71: R&RE, p. 138, � 1. C.R.S. 1963: � 6-13-6. L. 77: Entire section

amended, p. 1588, � 5, effective July 1. L. 90: (1) amended, p. 1334, � 7, effective July 1. L. 96: (4) amended, p. 103, � 4, effective March 20. L. 98: (8) added, p. 1341, � 65, effective June 1. L. 2003: (1) and (2) amended and (9) added, p. 1726, � 6, effective May 14. L. 2005: (1), (2), and (9) amended, p. 1269, � 7, effective July 1. L. 2007: (1), (2), and (9) amended, p. 1904, � 5, effective July 1. L. 2008: Entire article amended, p. 1617, � 1, effective August 5. L. 2009: (1) amended, (HB 09-1249), ch. 87, p. 320, � 16, effective July 1. L. 2010: (8) amended, (HB 10-1377), ch. 212, p. 922, � 2, effective May 6. L. 2013: (8)(a) amended, (HB 13-1300), ch. 316, p. 1697, � 108, effective August 7. L. 2019: (1) amended, (SB 19-186), ch. 422, p. 3690, � 5, effective August 2.

Editor's note: Subsection (8)(b)(II) provided for the repeal of subsection

(8)(b), effective July 1, 2012. (See L. 2010, p. 922.)

C.R.S. § 35-25-116

35-25-116. Bee inspection fund - transfer of moneys to plant health, pest control, and environmental protection cash fund. All fees collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the bee inspection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

Source: L. 85: Entire section added, p. 1140, � 3, effective May 31. L. 86:

Entire section amended, p. 1221, � 33, effective May 30. L. 90: Entire section amended, p. 1596, � 11, effective April 3. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 318, � 11, effective July 1.

C.R.S. § 35-26-102

35-26-102. Definitions. As used in this article 26, unless the context otherwise requires:

(1)  Advertisement means the attempt by publication, dissemination,

solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property.

(1.5)  (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)


(1.7)  Body politic means any agency of this state or of the federal

government, or any unit of local government, including any county, city, town, school district, local improvement or service district, or special district, or any other governmental unit having authority under the law to tax or impose assessments, including special assessments.

(2)  Botanical name means that name used in the binomial system of

nomenclature consisting of the genus and the species of a particular plant and, if there be one, the variety name of the species.

(2.5)  Broker means:


(a)  When used as a verb, to negotiate the purchase or sale of any plant

product on behalf of another person; or

(b)  When used as a noun, a person who negotiates the purchase or sale of

any plant product on behalf of another person.

(3)  Collected nursery stock means any nursery stock removed from its

original native habitat.

(4)  Collector means any person who collects nursery stock for sale

purposes.

(5)  Commissioner means the commissioner of agriculture.


(6)  Common name means the name of any plant which is in common and

widest use in the state, to designate the kind and variety of a plant.

(7)  Dead or dying condition means a condition in which a plant is without

living tissue, or is weakened to a point that it is unlikely to grow with reasonable vigor when given reasonable care.

(8)  (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)


(9)  Department means the department of agriculture.


(9.2)  Distribute means, for any commercial purpose, to:


(a)  Sell or give away, offer to sell or give away, display for sale or as a

giveaway, or hold either for sale or to give away; or

(b)  Ship, hold for shipment, or deliver or release for shipment.


(9.3)  Effective control means, when referring to any pest that is not

quarantined pursuant to the Pest Control Act, article 4 of this title 35, or that is not quarantined pursuant to any comparable federal quarantine law, eliminating or reducing a plant pest, disease, or weed to the point of an acceptable economic or environmental risk.

(9.5)  Grown within Colorado means propagated from seed or cuttings or by

budding or grafting in Colorado, or grown as a native stand of trees or shrubs or other stock growing on property owned or leased in Colorado by the nursery who intends to collect and sell such stock.

(10)  Insect pests means the small invertebrate animal in the phylum

anthropoda comprising the class insecta which generally have segmented bodies, are six-legged, and are usually winged, such as beetles, bugs, bees, and flies, including a similar class of arthropods whose members are wingless and generally have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice which are injurious to nursery stock.

(11)  Landscape contractor means a person who provides nursery stock for

compensation or value as part of a site development or landscaping service.

(11.5)  National nursery stock cleanliness standard means a standard for

nursery stock that requires that:

(a)  The nursery stock is free of quarantine pests and pests of concern; and


(b)  Any nonquarantine pests are under effective control.


(11.6)  Noxious weed means a species of plant that:


(a)  Is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or

destructive to agriculture, silviculture, or native species;

(b)  Is difficult to control or eradicate; and


(c)  The commissioner has identified as a prohibited weed by rule adopted in

accordance with the State Administrative Procedure Act, article 4 of title 24.

(12)  Nursery means any grounds or premises on or in which nursery stock is

propagated, held, or grown for sale purposes.

(13)  Nurseryman means any person owning, leasing, or managing a nursery.

All persons engaged in the operation of a nursery are farmers and are engaged in agriculture for all statutory purposes.

(14)  Nursery stock means:


(a)  Any hardy plant or herbaceous or woody plant that:


(I)  Survives Colorado winters; and


(II)  Is grown, collected, or kept for propagation, sale, or distribution,

including the following:

(A)  A deciduous or evergreen tree;


(B)  A shrub;


(C)  A woody vine;


(D)  Turfgrass sod; and


(E)  Ornamental grass;


(b)  Any nonhardy plant or plant part to be distributed in another state that

requires plant inspection and certification before the plant may be transferred into the state; and

(c)  If the commissioner determines that regulating the movement of a plant

is necessary to control any insect pest or plant disease, any other plant designated as nursery stock by the commissioner by rule.

(15)  (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)


(16)  Orchard plants means trees, shrubs, and vines which are grown solely

for their fruit or other products.

(17)  Person means any firm, partnership, association, corporation, society,

individual, or combination of individuals.

(17.5)  Pest of concern means a nonquaratine pest that is not known to

occur in the state or that has a limited distribution within the state but that has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk were it to be introduced to or proliferate in the state.

(18)  Place of business means each separate nursery, store, stand, sales

ground, lot, or any location from which nursery stock is being sold, offered for sale, or distributed.

(19)  Plant diseases means the pathological condition in nursery stock

caused by fungi, bacteria, nematodes, viruses mycoplasmas, or parasitic seed plants.

(19.5)  Sell means, for any commercial purpose and with respect to nursery

stock, to offer, display, possess, exchange, barter, broker, distribute, or trade.

(20)  Stop-sale order means a written order prohibiting the sale of nursery

stock.

(21)  Turfgrass sod means a strip or section of one or more grasses or other

plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amounts specified by the commissioner.

(22)  Weed means any plant which grows where not wanted.


Source: L. 71: R&RE, p. 143, � 1. C.R.S. 1963: � 6-15-2. L. 83: (1), (11), (19), and

(21) amended and (1.5), (1.7), and (22) added, p. 1361, �� 1, 2, effective July 1. L. 91: (1), (1.5), (5), (7), (8), (10), (12), (15), and (20) amended, p. 151, � 5, effective July 1. L. 96: (9.5) added, p. 373, � 1, effective April 17. L. 2018: IP and (14) amended and (2.5), (9.2), (9.3), (11.5), (11.6), (17.5), and (19.5) added, (HB 18-1246), ch. 105, p. 790, � 2, effective August 8.

C.R.S. § 35-26-106

35-26-106. Registration - plant health, pest control, and environmental protection cash fund - fees - rules. (1) A person shall not engage in the business of selling nursery stock in this state, nor shall the person advertise with the intent and purpose of selling nursery stock in this state, without having first obtained a registration issued by the commissioner. The registration expires on December 31 of each year. Application for registration must be submitted on a form prescribed by the commissioner. The commissioner shall, by rule, establish a registration fee for each place of business. The fee must not exceed three hundred dollars. Applicants for a registration who were registered at any time during the calendar year immediately preceding the year for which application is made must apply for a registration by March 1 or pay an amount double the registration fee. A registration is not transferable. All registrants shall inform the commissioner in writing of any change of address prior to the change. All registrants shall meet the requirements of this article 26 and the rules promulgated pursuant to this article 26.

(2)  Collectors shall produce upon demand written evidence of authorization

to have collected any and all nursery stock held or offered for sale. Such evidence of authorization shall provide information as required by rule and regulation promulgated pursuant to this article.

(3)  A charge for the actual cost incurred in making inspections shall be

collected to defray the costs of inspections made pursuant to this article. The commissioner shall, by rule or regulation, establish a minimum charge per inspection, and shall determine the actual cost incurred in making inspections and establish the charge therefor.

(4)  All fees and charges collected pursuant to this article shall be

transmitted to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado nursery fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

Source: L. 71: R&RE, p. 145, � 1. C.R.S. 1963: � 6-15-6. L. 73: p. 197, � 1. L. 83:

(1) and (2) amended, p. 1362, � 5, effective July 1. L. 87: Entire section amended, p. 1285, � 1, effective July 1. L. 91: (1) to (3) amended, p. 153, � 8, effective July 1. L. 2009: (4) amended, (HB 09-1249), ch. 87, p. 318, � 12, effective July 1. L. 2018: (1) amended, (HB 18-1246), ch. 105, p. 793, � 6, effective August 8.

C.R.S. § 35-27-103

35-27-103. Definitions. As used in this article, unless the context otherwise requires:

(1)  Advertisement means all representations commercial and otherwise,

other than labeling, disseminated in any manner or by any means by the seller of seed as such representations relate to such seed.

(2)  Bean means all species of genus phaseolus, vigna, and cicer.


(3)  Certified seed means seed certified by a seed certifying agency

pursuant to this article and includes foundation and registered seed.

(4)  Certifying agency means the seed certification service of the Colorado

state university authorized by the board of governors of the Colorado state university system or the authorized seed certifying agency of another state.

(5)  Commissioner means the commissioner of agriculture.


(6)  Conditioning means drying, cleaning, scarifying, sizing, or any other

operation which could change the purity or germination of seed.

(7)  Custom seed conditioner means any person in Colorado who engages in

the business of conditioning seed by either a stationary or portable seed cleaner, if ownership of such seed is retained by the customer.

(8)  Department means the department of agriculture.


(9)  Disease of beans means a bacterial, viral, or fungal disease of beans.

The term includes any of the following diseases and any variations or new strains of the following diseases which are recognized as pathogenic or a potential threat to seed bean production:

(a)  Anthracnose (collectotrichum lindemuthianum);


(b)  Bean bacterial wilt (corynebacterium flaccumfaciens ssp.

flaccumfaciens);

(c)  Strains of brown spot (pseudomonas syringae pv. syringae);


(d)  Common bean blight (xanthomonas campestris pv. phaseoli);


(e)  Halo blight (pseudomonas syringae pv. phaseolicola); and


(f)  BCMV (bean common mosaic virus).


(9.5)  Dormant seeds means viable seeds, other than hard seeds, that fail to

germinate when provided the specific germination conditions for the kind of seed in question.

(10)  Farmer seed labeler means any person who labels only seed produced

for sale on property owned or rented by such person or such person's employer in Colorado.

(11)  Germination means the emergence and development from the seed

embryo of those essential structures that, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

(11.5)  Hard seeds means seeds that remain hard at the end of the

prescribed test period because they have not absorbed water due to an impermeable seed coat.

(12)  Inert matter means matter which is not seed, including broken seed,

sterile florets, chaff, fungus bodies, and stones, as defined by the commissioner.

(13)  Kind means one or more related species or subspecies which singly or

collectively are known by one common name, including corn, oats, alfalfa, timothy, and western wheatgrass.

(14)  Labeling means all labels, tags, and other written, printed, or graphic

representations, in any form, accompanying and pertaining to specific seed whether in bulk or in containers and includes invoices; except that labeling does not include advertisements as defined in this section.

(15)  Lot means a definite quantity of seed identified by a lot number or

other mark. Every portion or bag of any such lot shall be uniform within recognized tolerances for the factors which appear in the labeling of such lot.

(16)  Noxious weed seed means the seed produced from plants which are

especially troublesome and detrimental and which may cause damage or loss to a considerable portion of the land or livestock of a community. Noxious weed seed are divided into two classes: prohibited noxious weed seed and restricted noxious weed seed and are defined as follows:

(a)  Prohibited noxious weed seed means the seed of perennial, biennial,

and annual weeds which are highly detrimental and especially difficult to control. The presence of prohibited noxious weed seed in seed precludes the sale of seed for propagation. Prohibited noxious weed seed includes the seed of any weed so designated by the commissioner.

(b)  Restricted noxious weed seed means the seed of weeds which are very

objectionable in fields, lawns, and gardens but which can be controlled by good cultural practices. Restricted noxious weed seed includes the seed of any weed so designated by the commissioner.

(17)  Origin means the state or foreign country in which seed is grown.


(18)  Person means individual, corporation, government or governmental

subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.

(19)  Pesticide means a substance or mixture of substances intended for

preventing, destroying, repelling, or mitigating any pest, substance, or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term pesticide shall not include any substance that is a new animal drug as designated by the United States food and drug administration.

(20)  Record means any information which relates to the origin, treatment,

germination, purity, kind, and variety of each lot of seed sold in this state. Such information includes seed samples and documents showing declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations.

(21)  Retail seed dealer means any person who engages in the business of

selling seed at retail in Colorado.

(22)  Screenings means chaff, sterile florets, immature seed, weed seed,

inert matter, and any other materials removed in any way from any seed in any kind of cleaning procedure.

(23)  Seed means agricultural, vegetable, ornamental, shrub, or tree seed

for propagation. The term seed does not include tubers that are planted or used, or intended to be planted or used, as seed potatoes and are thus regulated under the Colorado Seed Potato Act, article 27.3 of this title.

(24)  Seed labeler means a person who engages in the business of labeling

seed for sale in Colorado and whose name and address appears on the label of such seed.

(25)  Tolerance means:


(a)  For seed, the allowable deviation, as prescribed in the rules and

regulations adopted pursuant to this article, from any figure used on a label including but not limited to those figures used to designate the percentage of any fraction of the lot in question, the percentage germination, or the number of noxious weed seeds present;

(b)  For bean, in addition to the requirements of paragraph (a) of this

subsection (25), the deviation from minimum levels of seed-borne pathogens and the diseases of beans allowed by the commissioner.

(26)  Treated means that the seed has received an application of a

substance or that it has been subjected to a procedure for which a claim is made.

(27) (a)  Variety (cultivar) means a division of a kind which is distinct, stable,

and uniform.

(b)  For purposes of this subsection (27):


(I)  Distinct means that the variety can be differentiated by one or more

identifiable morphological, physiological, or other characteristics from all other varieties publicly known.

(II)  Stable means that the variety will remain unchanged in its essential and

distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

(III)  Uniform means that variations in essential and distinctive

characteristics are describable.

(28)  Weed seed means the seed of plants detrimental to agriculture and

generally recognized as weeds within this state and includes noxious weed seed.

Source: L. 93: Entire article R&RE, p. 1000, � 1, effective July 1. L. 99: (10)

amended, p. 188, � 3, effective March 31. L. 2002: (4) amended, p. 1248, � 24, effective August 7. L. 2007: (9.5) and (11.5) added and (11) amended, p. 642, � 1, effective April 26. L. 2010: (23) amended, (SB 10-072), ch. 384, p. 1792, � 3, effective July 1.

Editor's note: This section is similar to former �� 35-27-101 and 35-27-102 as

they existed prior to 1993.

Cross references: For exceptions to labeling requirements, see � 35-27-107.

C.R.S. § 35-27-124

35-27-124. Fees credited to plant health, pest control, and environmental protection cash fund. All fees and civil fines collected pursuant to this article 27 shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. The fees and fines imposed by this article 27 supplement any general fund appropriation appropriated for the purposes of this article 27.

Source: L. 93: Entire article R&RE, p. 1021, � 1, effective July 1. L. 2009: Entire

section amended, (HB 09-1249), ch. 87, p. 319, � 13, effective July 1. L. 2020: Entire section amended, (HB 20-1184), ch. 145, p. 630, � 4, effective June 29.

C.R.S. § 35-27-125

35-27-125. Repeal of article - review of functions. This article 27 is repealed, effective September 1, 2031. Before the repeal, the registration functions of the commissioner are scheduled for review in accordance with section 24-34-104.

Source: L. 93: Entire article R&RE, p. 1021, � 1, effective July 1. L. 99: Entire

section amended, p. 190, � 8, effective March 31. L. 2009: Entire section amended, (SB 09-116), ch. 62, p. 220, � 1, effective July 1. L. 2020: Entire section amended, (HB 20-1184), ch. 145, p. 628, � 2, effective June 29.

Editor's note: This section was originally numbered as 35-27-127 in Senate

Bill 93-017 but has been renumbered on revision for ease of location.

ARTICLE 27.3

Colorado Seed Potato Act

35-27.3-101.  Short title. This article shall be known and may be cited as the

Colorado Seed Potato Act.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, � 5,

effective July 1.

35-27.3-102.  Legislative declaration. The general assembly hereby finds

and declares that the purpose of this article is to control and minimize the spread of contagious community diseases by reducing the overall inoculum pool present in potato crops. This article is further intended to comply with seed potato standards set forth in the state national harmonization program.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, � 5,

effective July 1.

35-27.3-103.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Advisory committee means the seed potato advisory committee created

in section 35-27.3-107.

(2)  Certified means certified by a certifying authority as meeting all

applicable laws and rules for certification of seed potatoes.

(3)  Certifying authority means the potato certification service of Colorado

state university or the authorized seed potato certifying agency of another state, territory, or country.

(4)  Commissioner means the commissioner of agriculture.


(5)  Community disease means a disease or pest that can move from field to

field during the potato growing season and is not confined to any single potato grower's operation. The term includes late blight and potato virus Y.

(6)  Cultivar means unique variety.


(7)  Department means the department of agriculture.


(8)  Distribute means to offer for sale, sell, barter, deliver, supply, furnish,

or otherwise provide seed potatoes.

(9)  Generation means one full seasonal growth cycle, including planting,

growing, harvesting, and storing.

(10)  Hundredweight means a unit of weight equal to one hundred pounds.


(11)  Official control, with respect to a crop of potatoes, means that the seed

potatoes used to produce the crop have been derived from certified seed, qualified seed, or tested, documented sources and found to be within the legal limits for all diseases and pests of concern.

(12)  Parent means one prior generation removed.


(13)  Person means any individual, partnership, association, corporation,

agency, or organized group of persons.

(14)  Progeny means the offspring or daughter tubers of a potato plant.


(15)  Qualified, with respect to seed potatoes, means that the seed potatoes

are derived from certified seed potatoes, have been inspected by a certifying authority and meet all applicable laws and rules for seed potato certification including official disease control standards, and are thus eligible for planting as seed.

(16)  Quarantine means a quarantine imposed by the commissioner pursuant

to section 35-4-110.

(17)  Seed potatoes means vegetatively propagated tubers used or

intended to be used for potato production.

(18)  State national harmonization program means the state national

harmonization program for seed potatoes developed by the plant protection and quarantine program of the animal and plant health inspection service in the United States department of agriculture.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, � 5,

effective July 1.

35-27.3-104.  Distribution of seed potatoes - rules. (1)  All seed potatoes

distributed by any person in lots that are sufficient to plant one or more acres in Colorado as determined by the commissioner by rule shall be certified by a certifying authority.

(2)  All lots of seed potatoes subject to subsection (1) of this section shall, at

the time of distribution, be accompanied by the following documents:

(a)  An official tag or bulk certificate indicating their status as certified seed

potatoes;

(b)  A certificate of shipping point inspection;


(c)  A North American plant health certificate issued by the certifying

authority for seed potatoes imported from outside Colorado; and

(d)  Any other documentation necessary to provide the information required

by subsection (3) of this section.

(3)  The documents described in subsection (2) of this section shall provide

the following:

(a)  A description of the grade of the seed potatoes;


(b)  The findings of field inspections and postharvest inspections conducted

on each lot of seed potatoes, including the name and amount of any diseases observed;

(c)  The generation of seed potatoes; and


(d)  Evidence that the seed potatoes were tagged, and, if imported from

outside Colorado, packed and sealed, under the certification standards of the state, territory, or country in which they were grown.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1794, � 5,

effective July 1.

35-27.3-105.  Minimum standards for planting seed potatoes - scope -

qualified seed potatoes - rules. (1) (a) Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified.

(b)  Seed potatoes imported to Colorado shall meet the minimum standards

for certified seed set forth in the state national harmonization program and in any active applicable quarantine.

(2) (a)  A potato grower in Colorado may plant uncertified potatoes if:


(I)  The potatoes were grown and stored as part of that grower's farming

operations and the requirements of subsection (2)(b) of this section have been met; or

(II)  The uncertified potatoes are no more than one generation from certified

parent potatoes or qualified parent potatoes and the potato grower submits the uncertified potato seed stock to the certifying authority of Colorado for testing.

(b) (I)  A potato grower who intends to plant uncertified potatoes pursuant to

this subsection (2) must submit the uncertified potato seed stock to the certifying authority of Colorado for testing prior to planting.

(II)  The certifying authority of Colorado shall approve the uncertified potato

seed stock for planting if it meets the standards for such stock as established by the commissioner by rule.

(3)  In any year that the commissioner, after consulting with the advisory

committee, determines that there is an insufficient volume of any cultivar of certified seed potatoes and seed potatoes meeting the requirements of subsection (2) of this section, potato growers may apply to the advisory committee for permission to plant uncertified seed potatoes. Upon recommendation from the advisory committee, the commissioner may grant applying growers permission to plant uncertified Colorado-grown seed potatoes. Any such permission shall be valid for only that growing season. In no event shall any seed potatoes be planted when bacterial ring rot, late blight, or an unacceptable level of community diseases is present in the seed potatoes.

(4)  Repealed.


Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1795, � 5,

effective July 1. L. 2019: (4) repealed, (SB 19-147), ch. 100, p. 363, � 2, effective August 2. L. 2024: (2) amended, (SB 24-137), ch. 142, p. 524, � 2, effective August 7.

Cross references: For the legislative declaration in SB 24-137, see section 1

of chapter 142, Session Laws of Colorado 2024.

35-27.3-106.  Record-keeping requirements - annual record reviews. (1)

Each person growing potatoes in this state in lots of one acre or greater shall keep and maintain records, by cultivar and by field, of the hundredweight of potato cultivar or cultivars planted per field. The records shall contain the information required for an independent records review conducted pursuant to paragraph (b) of subsection (2) of this section. Growers shall maintain the records for a period of at least two years at the grower's business address.

(2) (a)  The commissioner shall select a qualified department employee to

perform a records review on at least ten percent of potato growers subject to this article 27.3 once every seed potato crop cycle. The commissioner shall determine a method for the annual random selection of growers. The area committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title 35, shall pay the actual costs of such records reviews.

(b)  A records review performed pursuant to this section shall verify records

that trace back the grower's potatoes, including records that evidence the following:

(I)  Acreage planted by cultivar; and


(II)  Hundredweight and source of the seed used to plant the acreage, with

verifiable documents related to:

(A)  For seed potatoes purchased, the documents described in section 35-27.3-104 (2) and (3); or


(B)  For seed potatoes planted pursuant to section 35-27.3-105 (2), the

testing history and seed potatoes used to replant the grower's own operations.

(3)  Repealed.


Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1796, � 5,

effective July 1. L. 2019: (2)(a) amended and (3) repealed, (SB 19-147), ch. 100, p. 364, � 3, effective August 2.

35-27.3-107.  Advisory committee - created - members - terms - duties. (1)

(a) There is hereby created the seed potato advisory committee.

(b) (I)  The advisory committee consists of nine members appointed by the

commissioner as follows:

(A)  Four potato growers who do not grow seed potatoes and whose

operations are located in area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title;

(B)  One potato grower who does not grow seed potatoes and whose

operation is located in area no. 3, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title;

(C)  Two members of the Colorado Certified Potato Growers Association, or

its successor organization;

(D)  One person employed by Colorado state university; and


(E)  One potato grower who does not grow seed potatoes and whose

operation is located in area no. 1, area no. 2, or area no. 3, but with a preference for area no. 1, as each of these areas are established in the marketing order regulating the handling of potatoes grown in Colorado, as amended, issued under the Colorado Agricultural Marketing Act of 1939, article 28 of this title 35.

(II)  Whenever possible, the advisory committee member appointed under

subsection (1)(b)(I)(D) of this section must have knowledge of or experience with seed potatoes.

(2) (a)  Except as provided in subsection (2)(c) of this section, members

appointed to the advisory committee shall serve for terms of three years. Members may be appointed for an unlimited number of terms; except that no member shall serve more than two terms consecutively.

(b)  Repealed.


(c)  In the event of a vacancy on the advisory committee prior to the

completion of a member's full term, the commissioner shall appoint a person to complete the remainder of that term. The person so appointed shall represent the same group as the member the person is replacing, as set forth in subsection (1)(b) of this section.

(3)  The members shall receive no compensation or reimbursement from the

state of Colorado or the department for any expenses incurred in the exercise of their duties.

(4)  The advisory committee shall advise the commissioner in establishing

rules under this article 27.3, assist in the determination of availability of potatoes, recommend whether to grant permission to plant uncertified seed potatoes, and consult with the commissioner regarding the administration and enforcement of this article 27.3.

(5)  Repealed.


Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1797, � 5,

effective July 1. L. 2019: IP(1)(b)(I), (1)(b)(I)(C), (1)(b)(I)(E), (1)(b)(II), and (2)(a) amended and (2)(b) and (5) repealed, (SB 19-148), ch. 101, p. 366, � 2, effective August 2; (4) amended, (SB 19-147), ch. 100, p. 364, � 4, effective August 2. L. 2025: (2)(c) amended, (HB 25-1084), ch. 24, p. 116, � 83, effective August 6.

35-27.3-108.  Powers and duties of the commissioner - rules. (1)  In addition

to any other duties in this article 27.3, the commissioner shall:

(a)  Administer and enforce this article;


(b)  Adopt rules necessary for the administration and enforcement of this

article 27.3, including rules that:

(I)  Establish requirements for compliance verification, testing, sampling, and

inspection;

(II)  Specify quality or disease standards for potatoes;


(III)  Allow for the random selection of ten percent of potato growers subject

to the annual records review required under section 35-27.3-106 (2);

(IV)  Set standards for uncertified seed potato stock that may be planted

pursuant to section 35-27.3-105 (2)(b);

(V)  Establish methods for determining that bacterial ring rot or an

unacceptable level of community diseases is not present in seed potatoes planted under section 35-27.3-105 (3);

(VI)  Designate the type of records that must be kept by growers; and


(VII)  Set a schedule of fees for services performed by the department, which

fees must be billed to the committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title 35.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1798, � 5,

effective July 1. L. 2019: IP(1), IP(1)(b), and (1)(b)(VII) amended, (SB 19-147), ch. 100, p. 364, � 5, effective August 2.

35-27.3-109.  Inspections - access - investigations - subpoenas. (1)  The

commissioner, upon the commissioner's own motion or upon the recommendation of an independent auditor pursuant to section 35-27.3-106 (2), may make an investigation necessary to determine compliance with this article.

(2) (a)  For inspection purposes pursuant to subsection (1) of this section, the

commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to inspect any records required to be kept pursuant to this article.

(b)  The commissioner may make copies of any records inspected pursuant to

paragraph (a) of this subsection (2).

(3) (a)  The commissioner has full authority to administer oaths; take

statements; issue subpoenas to compel the appearance of witnesses before the commissioner; issue subpoenas for the production of any books, memoranda, papers, or other documents, articles, or instruments; and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.

(b)  Upon failure or refusal of any person to obey a subpoena issued pursuant

to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.

(c)  Failure to obey an order of the court entered pursuant to paragraph (b) of

this subsection (3) may be punishable as contempt of court.

(4)  Complaints of record made to the commissioner and the results of the

commissioner's investigations shall be closed to public inspection, except to the person in interest as defined in section 24-72-202 (4), C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, � 5,

effective July 1.

35-27.3-110.  Violations - civil penalties. (1) (a)  Except as otherwise provided

in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3.

(b)  Any person who plants or distributes potatoes in violation of this article

or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty imposed by the commissioner shall be at least twenty dollars per acre but shall not exceed one hundred dollars per acre per violation.

(c)  Any person who fails to maintain complete and accurate records pursuant

to section 35-27.3-106 or rules promulgated pursuant to section 35-27.3-108 (1)(b)(VII) is subject to a civil penalty of at least five hundred dollars but no more than one thousand dollars, as determined by the commissioner.

(2)  No civil penalty shall be imposed unless the person charged is given

notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(3)  If the commissioner is unable to collect a civil penalty or if any person

fails to pay all or a set portion of such civil penalty, the commissioner may bring suit in any court of competent jurisdiction to recover the penalty plus costs and attorney fees.

(4)  Moneys collected from any civil penalty imposed under this article shall

be paid to the state treasurer, who shall credit the same to the seed potato cash fund created in section 35-27.3-111.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, � 5,

effective July 1. L. 2019: (1)(a) amended, (SB 19-147), ch. 100, p. 364, � 6, effective August 2.

35-27.3-111.  Seed potato cash fund - created. All fees and civil fines

collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the seed potato cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall remain in the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. In addition to any appropriation from the general fund, the general assembly shall make annual appropriations from the seed potato cash fund to the department to carry out the purposes of this article.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, � 5,

effective July 1.

35-27.3-112.  Repeal of article - review of functions. This article 27.3 is

repealed, effective September 1, 2028. Before the repeal, the certification functions of the commissioner are scheduled for review in accordance with section 24-34-104.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, � 5,

effective July 1. L. 2019: Entire section amended, (SB 19-147), ch. 100, p. 365, � 7, effective August 2.

ARTICLE 27.5

Forage Crop Certification

35-27.5-101.  Short title. This article shall be known and may be cited as the

Weed Free Forage Crop Certification Act.

Source: L. 93: Entire article added, p. 2035, � 1, effective June 9.


35-27.5-102.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Authorized inspector means a person qualified to identify noxious

weeds according to standards adopted by the commissioner pursuant to section 35-27.5-103.

(2)  Repealed.


(3)  Commissioner means the commissioner of agriculture.


(4)  Crop means any agricultural forage crop product whether cultivated or

not cultivated, irrigated or nonirrigated, planted or naturally occurring.

(5)  Department means the department of agriculture.


(6)  Noxious weeds means those weeds, including any weed seed or

propagative plant parts, designated by the commissioner as noxious and which are prohibited pursuant to section 35-27.5-103.

(7)  Person means any association, corporation, firm, individual or

combination of individuals, partnership, or society.

(8)  Qualified employee means an employee of the department designated

as qualified who is trained to identify noxious weeds in accordance with standards adopted by the commissioner pursuant to section 35-27.5-103.

(9)  Weed free means any crop certified as free of noxious weeds by the

commissioner pursuant to this article.

(10)  Weed free certification means crops inspected and certified as free of

noxious weeds by the commissioner pursuant to this article.

Source: L. 93: Entire article added, p. 2035, � 1, effective June 9. L. 94: (2)

repealed, p. 1645, � 76, effective May 31.

35-27.5-103.  Rules and regulations. (1)  The commissioner shall adopt

reasonable and necessary rules and regulations to carry out the provisions of this article in compliance with section 24-4-103, C.R.S., and subject to the requirements of section 35-27.5-107.

(2)  Rules and regulations adopted pursuant to subsection (1) of this section

shall include but shall not be limited to rules and regulations concerning the following:

(a)  Designation of weeds as noxious and prohibited;


(b)  Procedures for certification of weed free crops;


(c)  Qualification standards for persons seeking designation as authorized

inspectors or as qualified employees;

(d)  Crop inspection procedures;


(e)  Treatment procedures for the eradication of viable noxious weeds from

crops; and

(f)  Procedures for identifying and tracking certified weed free crops.


Source: L. 93: Entire article added, p. 2036, � 1, effective June 9.


35-27.5-104.  Delegation of duties - cooperative agreements. (1) (a)  The

commissioner may delegate any powers vested in the commissioner pursuant to this article to qualified employees of the department who are designated as qualified employees pursuant to standards adopted in accordance with section 35-27.5-103.

(b)  The commissioner may delegate any powers vested in the commissioner

pursuant to this article that are related to the duties of authorized inspectors to persons who are designated as authorized inspectors pursuant to standards adopted in accordance with section 35-27.5-103.

(2)  The commissioner may enter into cooperative agreements with Colorado

state university for the purpose of training authorized employees and qualified inspectors in the identification of those plants designated as noxious weeds by the commissioner pursuant to section 35-27.5-103.

(3)  For purposes of carrying out the provisions of this article and subject to

any other law of this state, the commissioner may accept grants-in-aid from any agency of the federal government and may cooperate and enter into agreements with any federal agency, any agency of any other state, and any agency of this state or its political subdivisions.

Source: L. 93: Entire article added, p. 2036, � 1, effective June 9.


35-27.5-105.  Administration and enforcement. (1)  The commissioner shall

administer and enforce the provisions of this article.

(2)  Upon the motion of the commissioner or upon the motion of any other

person, the commissioner may make any investigations necessary to ensure compliance with or determine whether there has been a violation of this article.

(3)  The commissioner shall have reasonable access during regular business

hours to all pertinent documents concerning any person who has requested that a crop be inspected for purposes of certification of such crop or who has had a crop certified as weed free.

(4) (a)  The commissioner may, after notice and a hearing in compliance with

the provisions of article 4 of title 24, C.R.S., resulting in a finding of a violation of this article or any rule or regulation promulgated pursuant to this article, rescind any weed free certification of a crop.

(b)  For purposes of paragraph (a) of this subsection (4), any action taken by

the commissioner following a hearing shall be deemed final.

(c)  A person aggrieved by a final decision made by the commissioner

pursuant to this subsection (4) may appeal such decision to the Colorado court of appeals pursuant to section 24-4-106 (11), C.R.S.

(d)  The commissioner may employ administrative law judges appointed

pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings.

Source: L. 93: Entire article added, p. 2037, � 1, effective June 9.


35-27.5-106.  Inspections. (1)  Any crop for which weed free certification is

sought shall be inspected in the field of origin and such inspection shall include an inspection of any ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as applicable, surrounding such field of origin.

(2)  Crops which contain any weeds which have been designated as noxious

pursuant to section 35-27.5-103, may be certified if certain conditions established pursuant to section 35-27.5-103 are met.

Source: L. 93: Entire article added, p. 2038, � 1, effective June 9.


35-27.5-107.  Penalties. Any person who intentionally violates any provision

of this article 27.5 or the rules or regulations promulgated pursuant to section 35-27.5-103 commits a petty offense and shall be punished as provided in section 18-1.3-503.

Source: L. 93: Entire article added, p. 2038, � 1, effective June 9. L. 2002:

Entire section amended, p. 1548, � 312, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3278, � 626, effective March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act

amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

35-27.5-108.  Colorado weed free crop certification fund - transfer of

moneys to plant health, pest control, and environmental protection cash fund - fees. (1) The commissioner shall set fees for the certification of weed free crops pursuant to this article in amounts adequate to cover all costs, direct and indirect, of the department in the administration and enforcement of this article.

(2)  All fees collected pursuant to this article shall be transmitted to the state

treasurer, who shall credit such fees to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado weed free crop certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

Source: L. 93: Entire article added, p. 2038, � 1, effective June 9. L. 2009: (2)

amended, (HB 09-1249), ch. 87, p. 319, � 14, effective July 1.

MARKETING AND SALES

ARTICLE 28

Marketing Act of 1939

C.R.S. § 35-3-111

35-3-111. Reports - publications. The administrative officer within the department charged with administration of this article shall report to the commissioner at such times and on such matters as the commissioner may require. Publications made pursuant to this article and circulated in quantity outside the department are subject to the approval and control of the commissioner.

Source: L. 37: p. 266, � 11. CSA: C. 5, � 71. CRS 53: � 6-3-11. C.R.S. 1963: � 6-3-11. L. 64: p. 124, � 25.

ARTICLE 3.5

Nuisance Liability of Agricultural Operations

35-3.5-101.  Legislative declaration. It is the declared policy of the state of

Colorado to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The general assembly recognizes that, when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, a number of agricultural operations are forced to cease operations, and many others are discouraged from making investments in farm improvements. It is the purpose of this article to reduce the loss to the state of Colorado of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. It is further recognized that units of local government may adopt ordinances or pass resolutions that provide additional protection for agricultural operations consistent with the interests of the affected agricultural community, without diminishing the rights of any real property interests.

Source: L. 81: Entire article added, p. 1694, � 1, effective July 1. L. 96: Entire

section amended, p. 675, � 1, effective May 2.

35-3.5-102.  Agricultural operation deemed not nuisance - state

agricultural commission - attorney fees - exceptions. (1) (a) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.

(b)  An agricultural operation that employs methods or practices that are

commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions:

(I)  Change in ownership;


(II)  Nonpermanent cessation or interruption of farming;


(III)  Participation in any government sponsored agricultural program;


(IV)  Employment of new technology; or


(V)  Change in the type of agricultural product produced.


(2) (a)  Notwithstanding any other provision of this section to the contrary, an

agricultural operation shall not be found to be a public or private nuisance if such agricultural operation:

(I)  Was established prior to the commencement of the use of the area

surrounding such agricultural operation for nonagricultural activities;

(II)  Employs methods or practices that are commonly or reasonably

associated with agricultural production; and

(III)  Is not operating negligently.


(b)  Employment of methods or practices that are commonly or reasonably

associated with agricultural production shall create a rebuttable presumption that an agricultural operation is not operating negligently.

(3)  The court may, pursuant to sections 13-16-122 and 13-17-102, C.R.S.,

award expert fees, reasonable court costs, and reasonable attorney fees to the prevailing party in any action brought to assert that an agricultural operation is a private or public nuisance. Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening in any way the provisions of sections 25-7-138 (5), C.R.S., and 25-8-501.1 (8), C.R.S.

(4)  As used in this article, agricultural operation has the same meaning as

agriculture, as defined in section 35-1-102 (1).

(5)  Any ordinance or resolution of any unit of local government that makes

the operation of any agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the circumstances set forth in this section is void; except that the provisions of this subsection (5) shall not apply when an agricultural operation is located within the corporate limits of any city or town on July 1, 1981, or is located on a property that the landowner voluntarily annexes to a municipality on or after July 1, 1981.

(6)  This section shall not invalidate any contracts made prior to September 1,

2000, but shall be applicable only to contracts and agreements made on or after September 1, 2000.

(7)  A local government may adopt an ordinance or pass a resolution that

provides additional protection for agricultural operations; except that such an ordinance or resolution shall not prevent an owner from selling the owner's land or prevent or hinder the owner in seeking approval to put the land into alternative use.

Source: L. 81: Entire article added, p. 1694, � 1, effective July 1. L. 96: (5)

added, p. 675, � 2, effective May 2. L. 99: (1) amended, p. 335, � 1, effective July 1. L. 2000: Entire section amended, p. 198, � 1, effective September 1. L. 2025: (7) amended, (HB 25-1084), ch. 24, p. 92, � 9, effective August 6.

35-3.5-103.  Severability. If any provision of this article or the application

thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.

Source: L. 81: Entire article added, p. 1695, � 1, effective July 1.

PEST AND WEED CONTROL

ARTICLE 4

Pest Control

C.R.S. § 35-4-102

35-4-102. Definitions. As used in this article 4, unless the context otherwise requires:

(1)  Board of county commissioners means the public officials duly elected

to that public office or their designated agents.

(2)  Commission means the state agricultural commission created in section

35-1-105.

(3)  Commissioner means the commissioner of agriculture or the

commissioner's designated agents.

(4)  County pest inspector means any qualified employee of a board of

county commissioners employed under this article 4.

(5)  Department means the department of agriculture.


(6)  Eradicate means the complete elimination of a pest and its parts

capable of reproduction based on its absence.

(7)  Insect pests means any of the small invertebrate animals in the phylum

arthropoda that are injurious to plants and animals.

(8)  Joint phytosanitary program means a federal program designed to

recognize a state official control program to eradicate or contain a plant pest that is not regulated by the lead federal agency and affords equivalent protection at ports of entry for the same pest if the states where it is destined are under official control.

(9)  Local government means a county, municipality, city and county, or

pest control district.

(10)  Official control means official actions taken by a plant pest regulatory

agency to eradicate or suppress a plant pest with the goal of eliminating isolated plant pest infestations.

(11)  Permit means a document prepared by the commissioner that

authorizes the movement of regulated articles that cannot meet official quarantine requirements to a specified destination for specialized handling, utilization, or processing or for treatment.

(12)  Person means any individual, partnership, association, corporation, or

organized group of persons, whether incorporated or not.

(13) (a)  Pests means organisms that cause harm to agriculture or natural

lands.

(b)  Pests includes insect pests, plant pests, and animal pests, except

rodents, jackrabbits, and predatory animals, and includes plant diseases and weeds.

(c)  For purposes of section 35-4-107, the definition of pests does not include

noxious weeds.

(14)  Plant diseases means the pathological conditions in plants caused by

fungi, bacteria, viruses, nematodes, mycoplasmas, or parasitic seed plants.

(15)  Plant pest means any living stage of a pest that can, directly or

indirectly, cause disease in, spoilage of, or damage to plants, plant parts, or processed plant materials.

(16)  Plant product means unmanufactured material of plant origin that, by

the product's nature, may create a risk for the introduction and spread of pests.

(17)  Public nuisance means a plant, plant product, conveyance, premises,

or regulated article that harbors, is infested or infected with, is liable to spread, or is exposed to a plant pest, communicable or infectious disease, weed, or arthropod that may cause damage or harm to, or whose eradication, treatment, or control may benefit, persons, industries, or communities within the state, regardless of whether it may damage or harm the public generally.

(18)  Quarantine means the official confinement of regulated articles for,

regulated pests for, or organisms for inspection, testing, treatment, observation, or research.

(19)  Regulated article means any of the following that could harbor pests:

An organism, a material, a tangible object, or a substance.

(20)  Regulated nonquarantine pest means a pest that is:


(a)  Present in Colorado; and


(b)  Under a mandated control program due to specific local circumstances,

notwithstanding that the pest may be widely distributed in the United States.

(21)  Regulated pest means a quarantine pest or a regulated nonquarantine

pest designated by federal or state plant protection officials.

(22)  Weed means any destructive or troublesome plant when found to be

of sufficient economic importance to threaten the public welfare or affect natural resources.

Source: L. 37: p. 643, � 1. CSA: C. 80, � 43. CRS 53: � 6-10-2. L. 56: p. 99, � 1.

C.R.S. 1963: � 6-10-2. L. 78: Entire section amended, p. 455, � 1, effective April 27. L. 85: (3.5) and (9) added, (6) amended, and (8) repealed, pp. 1130, 1135, �� 1, 15, effective May 16. L. 2021: Entire section amended, (HB 21-1045), ch. 160, p. 911, � 4, effective September 7.

Cross references: For control of rodents, jackrabbits, and predatory animals,

see article 7 of this title 35.

C.R.S. § 35-4-104

35-4-104. County pest inspectors. The persons who may be employed under this article, aside from employees of the department of agriculture, shall be county pest inspectors and their deputies, who shall be appointed by the board of county commissioners of the county where they are to serve and receive their pay. The board of county commissioners of any county when petitioned by not less than fifty landowners of the county shall appoint a county pest inspector at its next regular board meeting.

Source: L. 37: p. 644, � 6. CSA: C. 80, � 48. CRS 53: � 6-10-4. C.R.S. 1963: �

6-10-4.

Cross references: For appointment of county pest inspectors in pest control

districts, see � 35-5-106.

C.R.S. § 35-4-107

35-4-107. Inspections - notice - treatment - collection of costs. (1) (a) The county pest inspector shall have the right to enter upon any public or private property during reasonable business hours to inspect for pest infestations or infection and ensure compliance with the requirements of this article and any local requirements when at least one of the following has occurred:

(I)  The landowner or occupant has requested an inspection;


(II)  A neighboring landowner or occupant has reported a suspected pest

infestation or infection and requested an inspection; or

(III)  An authorized agent of the county in which the property is situated has

made a visual observation from a public right-of-way or area and has reason to believe that a pest infestation or infection exists.

(b)  No entry upon any property shall be permitted until the landowner or

occupant has been sent a notification by certified mail to the landowner's or occupant's last-known address that such entry is pending. When possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant.

(c)  If, after receiving notice that an inspection is pending, the landowner or

occupant denies access to the county pest inspector, the board of county commissioners may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the board of county commissioners, through its agent or employee, of an affidavit that provides a specific description of the location of the affected land and sets forth information that gives the county pest inspector probable cause to believe that a provision of this article is being or has been violated and the landowner or occupant has denied access to the county pest inspector. No landowner or occupant shall deny access to such land when presented with an inspection warrant.

(d)  The county pest inspector shall have the authority to notify and advise

the landowner or occupant in writing by certified mail of the findings of the inspection. If such findings indicate a pest infestation or infection, such notice shall name the pest, advise the landowner or occupant to manage the pest, and specify the available control methods of integrated pest management, including mechanical, chemical, and biological methods. Such notice shall inform the landowner or occupant that the state forester or county extension office may be consulted concerning integrated pest management. Where possible, the county pest inspector shall consult with such landowner or occupant in the development of a plan for the management of pest infestations and infections on the premises or lands.

(e)  Within ten days after receipt of notification of a pest infestation or

infection, the landowner or occupant:

(I)  Shall comply with the terms of the notification;


(II)  Shall acknowledge the terms of the notification and submit an

acceptable plan and schedule for the completion of a plan for compliance; or

(III)  May request a hearing before the board of county commissioners or a

panel appointed by the board if the landowner or occupant disputes the finding of infestation or infection by the county pest inspector. Any owner requesting a hearing need not control the pests pending the outcome of the hearing. The board of county commissioners conducting the hearing shall order appropriate relief if it finds there is infestation or infection as alleged in the written notice. The owner shall pay for any relief, not to exceed ten thousand dollars annually, ordered under this article, including up to twenty percent of the cost of pest control measures for inspection and other incidental costs.

(2)  When necessary to enforce the provisions of this article, a county pest

inspector, after notice of pest infestation or infection to the owner pursuant to subsection (1) of this section, shall treat to control the pests on plant host material, buildings, or other property. Such treatment shall not be commenced by a county pest inspector pending the outcome of any hearing requested pursuant to subsection (1) of this section. Upon the completion of such work, a statement of the cost and expense thereof along with a description of the property upon which such work was done shall be filed with the board of county commissioners, who shall pay same without unnecessary delay.

(3)  Upon payment by the board of county commissioners of any cost and

expense of treating pest infestation or infection in accordance with subsection (2) of this section, the county shall demand in writing from the owner, in person or by mail addressed to the owner at the owner's last-known place of residence, reimbursement to the county for the amount of the county's direct costs and expenses only. The county shall not send a written demand for more than ten thousand dollars. In the written notice, the county shall inform the owner of the right to appear before the board of county commissioners at any meeting of the board, as fixed by law, to be held within the following four months, and be heard as to the amount of the claim for reimbursement. If the claim, as originally demanded by the board or as adjusted upon a hearing, is not paid at the end of the four-month period, the board shall certify the claim to the county treasurer of the county where the property is located. The county treasurer shall add the amount of the claim to any taxes due, or to become due, from the owner, and if the claim is not paid in due course, the county treasurer shall file a lien on the property. The lien's priority is based upon the date of recording in accordance with article 35 of title 38. The board of county commissioners shall work with any landowner to develop a payment schedule for the cost of an assessment for pest treatment upon a demonstration by the landowner of an economic hardship. All accounts when collected must be deposited into the general fund of the county.

(4)  If the board of county commissioners finds that a pest infestation or

infection is a result of or can be attributed to an infestation or infection on land owned by any federal, state, or local governmental unit that has not been treated or is not under control, the landowner shall not be charged for any relief ordered pursuant to this section.

(5)  A county shall not provide for or compel the management of pests on

private property under this section without first applying the same or greater management measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the private property.

(6)  A county pest inspector or agent thereof does not have a cause of action

against a landowner or occupant for personal injury or property damage incurred while on public or private land while working within the course and scope of the inspector's duties except when such damages were willfully caused by the landowner.

Source: L. 37: p. 645, � 9. CSA: C. 80, � 51. CRS 53: � 6-10-7. C.R.S. 1963: �

6-10-7. L. 78: Entire section amended, p. 457, � 5, effective April 27. L. 85: (1) and (2) amended, p. 1131, � 4, effective May 16. L. 99: Entire section amended, p. 281, � 1, effective April 13. L. 2013: (1)(e)(III) and (3) amended and (5) and (6) added, (HB 13-1250), ch. 240, p. 1166, � 2, effective August 7. L. 2025: (3) amended, (HB 25-1084), ch. 24, p. 93, � 10, effective August 6.

Cross references: For spraying land adjacent to highways infested with

insects or on which weed destruction is desired, see � 43-2-207; for the Pesticide Applicators' Act, see article 10 of this title 35; for collection of taxes, see article 10 of title 39; for the effect of the Colorado Agricultural Marketing Act of 1939 on this article 4, see � 35-28-123.

C.R.S. § 35-4-111

35-4-111. Inspections - certificates - remedial measures. (1) Should any owner or bailee request an inspection of crops, plant material, or other articles or premises for pests, the commissioner shall provide such inspection and issue a certificate setting forth the facts of said inspection and shall charge the owner or bailee adequate fees to cover the cost of such inspections and certificates. The commissioner has authority to impound and prohibit movement, sale, or disposal of such crops, plant material, or other articles until such fees are paid. The release of such crops, plant material, or other articles shall also be dependent on meeting all inspection requirements.

(2)  The commissioner may conduct inspections and issue phytosanitary and

export certificates on plants for individual shipment to other states or foreign countries if those plants comply with the requirements or regulations of such state or foreign country. The commissioner may collect inspection and certification fees, in an amount established by the agricultural commission, to cover the direct and indirect costs of providing such services. All fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the phytosanitary inspection fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(3)  The commission may enter into compliance agreements with producers

and distributors of nursery stock, agricultural crops, and other plant materials for the purpose of certifying such plant materials as pest-free for export certification. At any time after entering into such an agreement, if the commissioner has reason to believe that the producer or distributor of the plant material that is the subject of the agreement has failed to comply with all of the terms of the agreement, the commissioner may terminate the agreement by giving the producer or distributor written notice of such termination and the grounds therefor.

Source: L. 37: p. 648, � 13. CSA: C. 80, � 55. CRS 53: � 6-10-11. C.R.S. 1963: �

6-10-11. L. 78: Entire section amended, p. 459, � 7, effective April 27. L. 85: Entire section amended, p. 1134, � 9, effective May 16. L. 2007: Entire section amended, p. 927, � 5, effective July 1. L. 2009: (2) amended, (HB 09-1249), ch. 87, p. 315, � 3, effective July 1.

C.R.S. § 35-4-118

35-4-118. Voluntary agreements to provide pest services. The commissioner may enter into an agreement with any person to or local government to provide pest control services, including eradication or treatment, authorized by this article 4. The department may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The commissioner shall transfer any money received under this section to the state treasurer, who shall deposit the money in the emergency invasive-pest response fund created in section 35-1-106.4.

Source: L. 2021: Entire section added, (HB 21-1045), ch. 160, p. 913, � 5,

effective September 7.

C.R.S. § 35-4-121

35-4-121. Emergency control and eradication of invasive pests. (1) If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest.

(2)  A board of county commissioners may declare a pest to be a public

nuisance and require its control or eradication.

Source: L. 2021: Entire section added, (HB 21-1045), ch. 160, p. 914, � 5,

effective September 7.

ARTICLE 4.5

Pest Control Compact

35-4.5-101 and 35-4.5-102. (Repealed)


Source: L. 2015: Entire article repealed, (SB 15-021), ch. 20, p. 50, � 1,

effective August 5.

Editor's note: This article was added in 2007 and was not amended prior to

its repeal in 2015. For the text of this article prior to 2015, consult the 2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

ARTICLE 5

Pest Control Districts

C.R.S. § 35-42-104

35-42-104. Scope of article. (1) Nothing in this article shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals, or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of this title.

(2)  In case of any conflict between this article or regulations adopted

pursuant to this article or section 35-43-126 and the wildlife statutes of the state, said wildlife statutes shall control.

(3)  Nothing in this article shall affect animal care otherwise authorized by

law.

(4)  Nothing in this article shall affect facilities licensed under the provisions

of the federal Animal Welfare Act of 1970, 7 U.S.C. sec. 2131 et seq., as amended.

Source: L. 90: Entire article R&RE, p. 1606, � 1, effective July 1.

C.R.S. § 35-45-110

35-45-110. Purposes of fund. The money deposited in the range improvement fund of any county shall be expended within such county for such purposes as may be directed by the board of district advisers of such grazing district or by the board of county commissioners in counties where there is no grazing district, including range improvements and maintenance, predatory animal control, rodent control, poisonous or noxious weed extermination, the purchase or rental of land and water rights, or for the purpose of the general welfare of livestock grazing within the district, or for any similar purpose.

Source: L. 37: p. 617, � 3. CSA: C. 160, � 166(3). L. 45: p. 602, � 3. CRS 53: � 8-8-10. C.R.S. 1963: � 8-8-10.

ARTICLE 46

Fence Law

Law reviews: For article, Colorado's Fence Law: An Overview of Open Range

and Fence Out Concepts, see 43 Colo. Law. 29 (March 2014).

C.R.S. § 35-5-104

35-5-104. Pest control district - procedure to establish. (1) Whenever twenty-five percent of the resident landowners and resident lessees within a contiguous territory desire to form a pest control district, as described in this subsection (1), they may file a petition for that purpose with the board of county commissioners of the county in which the land is located. Such petition shall be addressed to the board of county commissioners of such county; must contain a description of the boundaries of the proposed district and a description of the land of each person signing such petition; must state that the proposed district has been invaded, or is in danger of being invaded, by noxious weeds, insect pests, or plant diseases injurious to agricultural crops, trees, fruits, or pasture; must name the specific pests or diseases against which the petitioners desire to be protected; and must state the termination date of the proposed district. The petition shall be signed by each resident landowner and resident lessee joining in the petition by the individual's proper signature and address, and the date of the petition must be the date of its filing in the office of the board of county commissioners. A petitioner may revoke and cancel the petitioner's signature to a petition at any time before the petition is filed, but not after such filing has been made.

(2)  Such petition shall be filed with the board of county commissioners

during a regular or special session of the board, and shall be verified under oath by at least one of the persons signing it, setting forth that the said petition was signed within ninety days last preceding the making of said verification, and that all matters and things stated in said petition are true to the best of the knowledge and belief of the affiant, and that all signers have had an opportunity to read said petition.

(3)  After examination of the petition, if the board of county commissioners

finds the petition in order and properly signed by twenty-five percent of the resident landowners and resident lessees within the proposed district, the board shall, within fifteen days after receipt of the petition, mail ballots to all landowners and lessees in the proposed district, to the addresses as shown by the records of the county assessor or state board of land commissioners, stating that said ballots are to be returned to the board's office within ten days from date of mailing. If, after a tally of the votes has been made, the board finds that sixty-six and two-thirds percent of the landowners and lessees voting have voted in favor of the district, and the landowners and lessees voting own or lease fifty percent of the land in the proposed district, the board shall declare the district established. Acreage owned by the federal government or acreage owned by the state government not subject to a lease shall not be considered in determining the percentage of land voted.

(4)  Such petition may, in addition to the matters set forth in this section,

request the board of county commissioners to take charge of and supervise the work in connection with the control or eradication of the pests named. The board, if a pest control district is created upon the petition in accordance with this article, shall proceed during the existence of said district, through the county pest inspector, to control or destroy such pests at the times and in the manner and by the aid of such means and additional help as the commissioner and county pest inspector recommend, and the board may enter into contracts to have the necessary work done in the district where noxious weeds, insect pests, or plant diseases occur in epidemic proportion. Such contracts shall be let through competitive bidding, and the board may pay for the work and materials expended. Said contracts may be let for periods not to exceed one year and may be renewed if necessary. The board of county commissioners also may enter into contracts with landowners and lessees in which the landowners and lessees are obligated for their share of the total cost of control operations.

(5)  If an owner or lessee of any lands adjoining an established pest control

district desires to have such lands included within the district, the owner or lessee may petition the board of county commissioners of the county in which the district is located and to which district annexation of the land is desired. The petition must contain a description of the boundaries of the lands so desired to be annexed and shall be signed by the petitioner. The board shall act on the petition within ten days after receiving it. If the board finds that the petition is in order, that the boundaries of the lands described in the petition are accurate, that the lands adjoin the established district, and that the petition is properly signed, the board shall, by order, declare that the lands petitioned to be annexed to the district shall be included as a part of the district. Within ten days after taking action upon the petition, the board shall notify the petitioner, the county assessor, the district advisory committee of the district in which the lands are to be included, and the department of agriculture of the board's action. Two or more owners and lessees of lands adjoining an established pest control district may join in and sign a single petition for annexation of their adjoining lands to an established district in the manner prescribed in this subsection (5).

(6)  The district advisory committees of two or more adjoining pest control

districts may petition the board of county commissioners of the county in which such districts are located, requesting the consolidation of such districts. The board shall schedule a public hearing on the petition within ten days after the receipt thereof. The public hearing shall be held within thirty days after receipt of the petition. If, after such hearing, the board determines that through such consolidation the districts could be more economically and efficiently operated, the board shall immediately, by order, declare the dissolution of the districts to be consolidated and the establishment of the consolidated new district, and shall thereupon notify the county assessor and district advisory committees of the dissolved districts of the termination of their respective committees, and shall appoint a new five-member district advisory committee for the consolidated district.

(7)  When a pest control district which was established for the control and

eradication of specified pests desires to extend the termination date of the district, the district advisory committee shall petition the board of county commissioners of the county in which such district is located, requesting the extension of the termination date. Upon receipt of said petition, the board of county commissioners shall set a date for a hearing on the matter and shall publish notice thereof in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the hearing. If, after notice and hearing, the board of county commissioners determines that such extension of the termination date is advisable and is needed for adequate pest control in the district, the board of county commissioners shall immediately declare the extension of the termination date and shall so inform the district advisory committee, the county assessor, and the state board of land commissioners.

(8)  When a pest control district that was established for the control and

eradication of specified pests desires to add additional pests to be controlled within the district, the district advisory committee shall petition the board of county commissioners of the county in which the district is located, requesting that a stipulated pest or pests should be added to the pests to be controlled in the district. The board of county commissioners shall act on the petition within ten days after receiving it. If the board of county commissioners determines that such pests should be controlled within the district, the board shall submit the question to all landowners and lessees of the district by causing to be mailed to each landowner and lessee, to the address as shown by the records of the county assessor or state board of land commissioners, a ballot requesting the landowner's or lessee's vote for or against the addition of the stipulated pests to be controlled within the district and the return of the ballot within ten days to the board. If fifty-one percent of the landowners and lessees voting in the district vote in favor of the inclusion of the stipulated pests within those to be controlled, the board shall immediately declare that the stipulated pests shall be controlled within the district and shall so inform the district advisory committee.

Source: L. 59: p. 178, � 4. CRS 53: � 6-16-4. L. 61: p. 155, �� 1, 2. L. 63: p. 160, �

1. C.R.S. 1963: � 6-5-4. L. 75: (7) amended, p. 1340, � 1, effective May 31. L. 83: (1) and (3) to (8) amended, p. 1312, � 3, effective May 10. L. 2000: (6) amended, p. 5, � 1, effective August 2. L. 2025: (1), (5), and (8) amended, (HB 25-1084), ch. 24, p. 94, � 15, effective August 6.

C.R.S. § 35-5-105

35-5-105. Advisory committee. After the formation of a pest control district and before any weed or pest control program has been initiated by the county pest inspector, the board of county commissioners shall appoint an advisory committee of five or more members, who shall serve at the pleasure of the board of county commissioners. Should a vacancy occur, the board of county commissioners shall fill the vacancy by appointment within thirty days. The committee members may be resident landowners or resident lessees and, insofar as is practical, shall have a practical knowledge of weed and pest control and shall geographically represent the district.

Source: L. 59: p. 179, � 5. CRS 53: � 6-16-5. C.R.S. 1963: � 6-5-5. L. 65: p.

178, � 1. L. 83: Entire section amended, p. 1314, � 4, effective May 10.

C.R.S. § 35-5-107

35-5-107. Duties of pest inspector. (1) The inspector shall cooperate with the commissioner in locating infestations of noxious weeds, insect pests, or plant diseases; make an annual report of known infestations of noxious weeds, insect pests, or plant diseases and compile data on areas controlled, eradicated, or under treatment; submit reports thereon to the commissioner, the district advisory committee, and the board of county commissioners by December 1 of each year; consult with the commissioner and the extension service and advise upon all matters pertaining to the best and most practical methods of noxious weed, insect pest, or plant disease control and eradication; and render every possible assistance to obtain the most effective control or eradication of noxious weeds, insect pests, or plant diseases within the district.

(2)  The commissioner or the inspector, or their deputies, having jurisdiction,

together with such assistants as they may need in the prosecution of their work, are authorized during reasonable business hours to enter upon or into any premises, lands, or places within any pest control district in this state where they may suspect that pests occur which may be determined by the commissioner to be injurious to the welfare of the community for the purpose of inspecting, controlling, or eradicating the same or otherwise carrying out the provisions of this article.

Source: L. 59: p. 179, � 7. CRS 53: � 6-16-7. C.R.S. 1963: � 6-5-7.

C.R.S. § 35-5-111

35-5-111. Reports of acreage infested - county tax levy - fund - allocation. (1) The commissioner shall ascertain each year, from reports of the inspectors and other sources, the approximate amount of land and highways infested with the most troublesome noxious weeds, insect pests, or plant diseases, and their location, and transmit such information tabulated by counties, not later than July 1 of each year, to the board of county commissioners of each county affected by such infestation. On the basis of such information, the board of county commissioners of each county may make a tax levy each year on real property for the purpose of paying the cost of noxious weed, insect pest, or plant disease control or eradication in a district of the county as provided by this section, but such levy must not exceed two mills in any one year.

(2)  Moneys collected from such levy shall be set apart as a pest control fund,

and moneys derived from a particular district shall be used only in that district, and moneys derived on a countywide basis shall be used for the whole county. Vouchers shall be drawn against said fund by the board for items of expense incident to the control or eradication of noxious weeds, insect pests, or plant diseases in the county or in any such district. Such expenditures and accounts shall be audited annually.

Source: L. 59: p. 182, � 11. CRS 53: � 6-16-11. L. 61: p. 158, � 1. L. 63: p. 160, � 2.

C.R.S. 1963: � 6-5-11. L. 65: p. 178, � 2. L. 2025: (1) amended, (HB 25-1084), ch. 24, p. 96, � 19, effective August 6.

Cross references: For limitations on increasing levies of political

subdivisions, see part 3 of article 1 of title 29.

C.R.S. § 35-5-112

35-5-112. Pest control district on public lands - notice - charges. (1) When an area designated as a pest control district by the board of county commissioners of any county contains public lands, it is the duty of the commissioner to notify the proper state departments which control or supervise the public lands within the area so designated that such a district has been formed. It is the duty of any such department so notified to control or eradicate all noxious weeds, insect pests, or plant diseases on any lands under its jurisdiction, and included within the boundaries of the district and for which the district was organized, using the methods prescribed by the commissioner.

(2)  In case such department fails to so control or eradicate such pests, it is

the duty of the inspector in the county where the infestation is located to enter upon such lands and undertake the control or eradication of such noxious weeds, insect pests, or plant diseases, or cause the same to be done, the expense thereof to be a proper charge against the department which has jurisdiction over the lands. If not paid, such charge may be recovered in an action therefor by the county in any court of competent jurisdiction; except that it is permissible for any such state department which controls or supervises lands in the designated pest control district to enter into a contract with the board of county commissioners of the county wherein the land is situated to authorize the county pest inspector to undertake the control or eradication of all noxious weeds, insect pests, or plant diseases, as provided in this article, on state-controlled land in the district on terms and conditions satisfactory to both parties.

(3)  In the case of lands controlled by the state board of land commissioners,

which land is included within a district and leased to a lessee, the costs incurred in controlling or eradicating noxious weeds, insect pests, or plant diseases, which would be chargeable to the owner of the land if privately owned, shall be paid by the lessee.

(4)  All park land in the state, except that owned by the United States, shall

be excluded from charges provided for in this article, and the board of county commissioners of the county in which any such park is located shall be billed for any and all assessments on such park lands.

Source: L. 59: p. 183, � 12. CRS 53: � 6-16-12. C.R.S. 1963: � 6-5-12. L. 83: (1),

(2), and (3) amended, p. 1316, � 7, effective May 10.

C.R.S. § 35-5-125

35-5-125. Cooperation between districts. (1) When pests may be more economically, completely, or satisfactorily managed, two or more boards of county commissioners may contract with one another to manage and control pests, including, but not limited to, sharing costs and employees. A board of county commissioners shall not contract to share resources, including costs or employees, with another such board unless both boards and both district advisory committees of such boards authorize such sharing.

(2)  A contract created pursuant to subsection (1) of this section shall be in

writing and contain the purposes, rights, powers, responsibilities, and financial obligations of each contracting county.

(3)  If other law has requirements applicable to special types of

intergovernmental contracts or cooperative agreements, such law shall control.

Source: L. 2003: Entire section added, p. 847, � 1, effective April 7.

ARTICLE 5.5

Colorado Noxious Weed Act

35-5.5-101.  Short title. This article shall be known and may be cited as the

Colorado Noxious Weed Act.

Source: L. 90: Entire article added, p. 1549, � 1, effective July 1. L. 96: Entire

section amended, p. 763, � 3, effective May 23.

35-5.5-102.  Legislative declaration - rule of construction. (1)  In enacting

this article the general assembly finds and declares that there is a need to ensure that all the lands of the state of Colorado, whether in private or public ownership, are protected by and subject to the jurisdiction of a local government empowered to manage undesirable plants as designated by the state of Colorado and the local governing body. In making such determination the general assembly hereby finds and declares that certain undesirable plants constitute a present threat to the continued economic and environmental value of the lands of the state and if present in any area of the state must be managed. It is the intent of the general assembly that the advisory commissions appointed by counties and municipalities under this article, in developing undesirable plant management plans, consider the elements of integrated management as defined in this article, as well as all appropriate and available control and management methods, seeking those methods which are least environmentally damaging and which are practical and economically reasonable.

(1.5)  The general assembly hereby finds and declares that:


(a)  Noxious weeds have become a threat to the natural resources of

Colorado, as thousands of acres of crop, rangeland, and habitat for wildlife and native plant communities are being destroyed by noxious weeds each year;

(b)  An organized and coordinated effort must be made to stop the spread of

noxious weeds and that such an effort can best be facilitated by a state coordinator who will assist in building local coalitions and coordinate the efforts of state, federal, local, and private landowners in developing plans for the control of noxious weeds without unnecessarily disrupting the development of such lands;

(c)  The designation and classification of noxious weeds into categories for

immediate eradication, containment, and suppression will further assist the state in coordinating efforts to stop the spread of noxious weeds;

(d)  Because the spread of noxious weeds can largely be attributed to the

movement of seed and plant parts on motor vehicles, and because noxious weeds are becoming an increasing maintenance problem on highway right-of-ways in this state, additional resources are needed to fight the spread of noxious weeds; and

(e)  The use of moneys in the noxious weed management fund to assist local

governing bodies and affected landowners in the eradication, containment, or suppression of noxious weeds best serves the citizens of Colorado.

(2)  This article is in addition to article 5 of this title and is intended to be an

expansion of, not a substitution for, the provisions of said article 5.

Source: L. 90: Entire article added, p. 1549, � 1, effective July 1. L. 96: (1.5)

added, p. 764, � 4, effective May 23. L. 2003: (1.5) amended, p. 2415, � 1, effective August 6.

35-5.5-103.  Definitions. As used in this article 5.5, unless the context

otherwise requires:

(1)  (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)


(2)  Alien plant means a plant species that is not indigenous to the state of

Colorado.

(3)  (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)


(4)  Commissioner means the commissioner of the department of

agriculture or the commissioner's designee.

(4.5)  Department means the department of agriculture.


(5)  District means a local governing body's geographic description of a

land area where noxious weeds are to be managed.

(6)  (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)


(7)  Federal agency means each agency, bureau, or department of the

federal government responsible for administering or managing federal land.

(8)  Federal land manager means the federal agency having jurisdiction

over any federal lands affected by the provisions of this article.

(9)  Integrated management means the planning and implementation of a

coordinated program utilizing a variety of methods for managing noxious weeds, the purpose of which is to achieve specified management objectives and promote desirable plant communities. Such methods may include but are not limited to education, preventive measures, good stewardship, and the following techniques:

(a)  Biological management, which means the use of an organism to disrupt

the growth of noxious weeds.

(b)  Chemical management, which means the use of herbicides or plant

growth regulators to disrupt the growth of noxious weeds.

(c)  Cultural management, which means methodologies or management

practices that favor the growth of desirable plants over noxious weeds, including maintaining an optimum fertility and plant moisture status in an area, planting at optimum density and spatial arrangement in an area, and planting species most suited to an area.

(d)  Mechanical management, which means methodologies or management

practices that physically disrupt plant growth, including tilling, mowing, burning, flooding, mulching, hand-pulling, hoeing, and grazing.

(10)  Landowner means any owner of record of federal, tribal, state, county,

municipal, or private land.

(10.5)  Local advisory board means those individuals appointed by the local

governing body to advise on matters of noxious weed management.

(11)  Local governing body means the board of county commissioners of a

county, the city council of a city and county or statutory or home rule city, the board of trustees of a statutory town or home rule town, or the board of selectmen or city council of a territorial charter municipality, as the context so requires.

(11.4)  Local noxious weed means any plant of local importance that has

been declared a noxious weed by the local governing body.

(11.6)  Management means any activity that prevents a plant from

establishing, reproducing, or dispersing itself.

(11.7)  Management objective means the specific, desired result of

integrated management efforts and includes:

(a)  Eradication which means reducing the reproductive success of a

noxious weed species or specified noxious weed population in largely uninfested regions to zero and permanently eliminating the species or population within a specified period of time. Once all specified weed populations are eliminated or prevented from reproducing, intensive efforts continue until the existing seed bank is exhausted.

(b)  Containment which means maintaining an intensively managed buffer

zone that separates infested regions, where suppression activities prevail, from largely uninfested regions, where eradication activities prevail.

(c)  Suppression which means reducing the vigor of noxious weed

populations within an infested region, decreasing the propensity of noxious weed species to spread to surrounding lands, and mitigating the negative effects of noxious weed populations on infested lands. Suppression efforts may employ a wide variety of integrated management techniques.

(d)  Restoration which means the removal of noxious weed species and

reestablishment of desirable plant communities on lands of significant environmental or agricultural value in order to help restore or maintain said value.

(12)  Management plan means the noxious weed management plan

developed by any person or the local advisory board using integrated management.

(13)  (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)


(14)  Municipality has the meaning set forth in section 31-1-101 (6), C.R.S.


(15)  Native plant means a plant species that is indigenous to the state of

Colorado.

(16)  Noxious weed means an alien plant or parts of an alien plant that have

been designated by rule as being noxious or has been declared a noxious weed by a local advisory board, and meets one or more of the following criteria:

(a)  Aggressively invades or is detrimental to economic crops or native plant

communities;

(b)  Is poisonous to livestock;


(c)  Is a carrier of detrimental insects, diseases, or parasites;


(d)  The direct or indirect effect of the presence of this plant is detrimental to

the environmentally sound management of natural or agricultural ecosystems.

(16.2)  Noxious weed management means the planning and implementation

of an integrated program to manage noxious weed species.

(17)  Person or occupant means an individual, partnership, corporation,

association, or federal, state, or local government or agency thereof owning, occupying, or controlling any land, easement, or right-of-way, including any city, county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, borrow pit, gas and oil pipeline, high voltage electrical transmission line, or right-of-way for a canal or lateral.

(18)  Plant growth regulator means a substance used for controlling or

modifying plant growth processes without appreciable phytotoxic effect at the dosage applied.

(18.5)  State noxious weed means any noxious weed identified by the

commissioner by rule after notifying and consulting with the state noxious weed advisory committee created in section 35-5.5-108.7.

(18.6)  State weed coordinator means the state weed coordinator under

contract with or appointed by the commissioner pursuant to section 35-5.5-117.

(19) and (20)  (Deleted by amendment, L. 96, p. 764, � 5, effective May 23,

1996.)

(21)  Weed means any undesirable plant.


Source: L. 90: Entire article added, p. 1550, � 1, effective July 1. L. 96: Entire

section amended, p. 764, � 5, effective May 23. L. 2003: (4), IP(9), (10), and (18.5) amended and (11.7) added, p. 2416, � 2, effective August 6. L. 2025: IP and (4) amended, (HB 25-1084), ch. 24, p. 97, � 23, effective August 6.

35-5.5-104.  Duty to manage noxious weeds. It is the duty of all persons to

use integrated methods to manage noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.

Source: L. 90: Entire article added, p. 1551, � 1, effective July 1. L. 96: Entire

section amended, p. 767, � 6, effective May 23.

35-5.5-104.5.  Intentional introduction, cultivation, or sale of noxious

weeds - costs. (1) (a) It shall be unlawful to intentionally introduce, cultivate, sell, offer for sale, or knowingly allow to grow in violation of this article or any rule promulgated hereunder in this state any noxious weed designated pursuant to section 35-5.5-108 (2)(a); except that this prohibition shall not apply to:

(I)  Research sanctioned by a state or federal agency or an accredited

university or college;

(II)  Activities specifically permitted by the commissioner;


(III)  Noxious weed management plans that are part of an approved

reclamation plan pursuant to section 34-32-116 (7) or 34-32.5-116 (4), C.R.S.;

(IV)  Noxious weed management activities that are conducted on disturbed

lands as part of an approved reclamation plan pursuant to section 34-33-111 (1), C.R.S.; or

(V)  Noxious weed management activities that are part of activities

conducted on disturbed lands pursuant to section 34-60-106 (12), C.R.S.

(b)  It shall not be a violation of this section for a person to knowingly allow to

grow a state noxious weed that is being properly managed in accordance with the rules promulgated by the commissioner.

(2)  Any entity or person that violates the provisions of this section shall be

responsible for the costs associated with remediation of the noxious weeds. In assessing the cost of remediation, the commissioner may include both actual immediate and estimated future costs to achieve specified management objectives.

Source: L. 2003: Entire section added, p. 2417, � 3, effective August 6.


35-5.5-105.  Noxious weed management - powers of county

commissioners. (1) The board of county commissioners of each county in the state shall adopt a noxious weed management plan for all of the unincorporated lands within the county. A noxious weed management plan must include all of the requirements and duties imposed by this article 5.5. Guidelines may be included that address no pesticide noxious weed management plans. In addition to and not in limitation of the powers delegated to boards of county commissioners in section 30-11-107, article 15 of title 30, article 5 of this title 35, and elsewhere as provided by law, the board of county commissioners may adopt and provide for the enforcement, including the assessment and collection of fines, of ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce a noxious weed management plan and otherwise provide for the management of noxious weeds within the county, subject to the following limitation: A county ordinance, rule, resolution, other regulation, or exercise of power pursuant to this article 5.5 does not apply within the corporate limits of any incorporated municipality or to any municipal service, function, facility, or property, whether owned by or leased to the incorporated municipality outside the municipal boundaries, unless the county and municipality agree otherwise pursuant to part 2 of article 1 of title 29 or article 20 of title 29.

(2) (a)  The board of county commissioners shall provide for the

administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation. Costs associated with the administration of the noxious weed management plan shall be paid from the noxious weed management fund of each county.

(b)  Subject to the direction of the board of county commissioners, an agent

of the county appointed or employed under this subsection (2) may exercise the powers and duties granted to, and perform the duties of, a county pest inspector in accordance with articles 4 and 5 of this title.

(3)  The board of county commissioners may cooperate with other counties

and municipalities for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.

Source: L. 90: Entire article added, p. 1551, � 1, effective July 1. L. 96: (1) and

(2) amended, p. 767, � 7, effective May 23. L. 2013: (2) amended, (HB 13-1250), ch. 240, p. 1168, � 4, effective August 7. L. 2024: (1) amended, (SB 24-031), ch. 21, p. 57, � 1, effective August 7.

35-5.5-106.  Noxious weed management - municipal authority. (1)  The

governing body of each municipality in the state shall adopt a noxious weed management plan for all lands within the territorial limits of the municipality. In addition to and independent of the powers elsewhere delegated by law, the governing body of a municipality may adopt and provide for the enforcement of such ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce said plan and otherwise provide for the management of noxious weeds within the municipality, subject to the following limitation: No municipal ordinance, resolution, rule, other regulation, or exercise of power pursuant to this article shall apply to unincorporated lands or facilities outside the corporate limits of the municipality, except such lands or facilities which are owned by or leased to the municipality, unless the municipality and the county otherwise agree pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.

(2)  The governing body of the municipality shall provide for the

administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the noxious weed management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation.

(3)  The governing body may cooperate with counties and other municipalities

for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.

(4)  To the degree that a municipality has, upon enactment of this article, or

subsequent to that date, adopted an ordinance or ordinances for the management of noxious weeds, the adoption of such an ordinance or ordinances shall be deemed to satisfy the requirement for the adoption of a noxious weed management plan imposed by this article.

Source: L. 90: Entire article added, p. 1552, � 1, effective July 1. L. 96: (1), (2),

and (4) amended, p. 768, � 8, effective May 23.

35-5.5-107.  Local advisory board - formation - duties. (1)  The governing

body of each county and municipality shall appoint a local advisory board. The local governing body, at its sole option, may appoint itself, or a commission of landowners, to act as the local advisory board for that jurisdiction. The members of each local advisory board shall be residents of the unincorporated portion of the county or residents of the municipality, as the case may be, and in the case of a county, at least a majority of the members of the local advisory board shall be landowners of over forty acres.

(2)  In the event a county or municipality elects to cooperate with another

county or municipality for any of the purposes set forth in this article, the membership of the local advisory board shall be determined by the governing bodies of such cooperating local governments.

(3)  Each local advisory board shall annually elect a chair and secretary. A

majority of the members of the board constitutes a quorum for the conduct of business.

(4)  Local advisory boards shall have the power and duty to:


(a)  Develop a recommended management plan for the integrated

management of designated noxious weeds and recommended management criteria for noxious weeds within the area governed by the local government or governments appointing the local advisory board. The management plan shall be reviewed at regular intervals but not less often than once every three years by the local advisory board. The management plan and any amendments made thereto shall be transmitted to the local governing body for approval, modification, or rejection.

(b)  Declare noxious weeds and any state noxious weeds designated by rule

to be subject to integrated management;

(c)  Recommend to the local governing body that identified landowners be

required to submit an individual integrated management plan to manage noxious weeds on their property.

(5)  The local governing body shall have the sole and final authority to

approve, modify, or reject the management plan, management criteria, management practice, and any other decision or recommendation of the local advisory board.

(6)  The state weed coordinator shall review any recommendations of a local

advisory board appointed pursuant to article 5 of this title and note any inconsistencies between the recommendations of the state weed coordinator or the commissioner and any such local advisory board.

Source: L. 90: Entire article added, p. 1552, � 1, effective July 1. L. 96: Entire

section amended, p. 768, � 9, effective May 23. L. 2025: (3) amended, (HB 25-1084), ch. 24, p. 97, � 24, August 6.

35-5.5-108.  Designated noxious weeds - rules - legislative declaration. (1)

The general assembly hereby finds and declares that the noxious weeds designated by rule are a present threat to the economic and environmental value of the lands of the state of Colorado and declare it to be a matter of statewide importance that the governing bodies of counties and municipalities include plans to manage such weeds as part of their duties pursuant to this article.

(2) (a)  The state list of plant species that are designated as noxious weeds

shall be designated by rule and shall be managed under the provisions of this article. On and after August 6, 2003, the commissioner shall classify noxious weeds into one of a minimum of three categories, including:

(I)  List A, which means rare noxious weed species that are subject to

eradication wherever detected statewide in order to protect neighboring lands and the state as a whole;

(II)  List B, which means noxious weed species with discrete statewide

distributions that are subject to eradication, containment, or suppression in portions of the state designated by the commissioner in order to stop the continued spread of these species;

(III)  List C, which means widespread and well-established noxious weed

species for which control is recommended but not required by the state, although local governing bodies may require management.

(b)  A local governing body may adopt eradication, containment, or

suppression standards that are more stringent than the standards adopted by the commissioner.

(2.1)  The commissioner shall review and revise, as necessary, the state

noxious weed list at least once every three years.

(2.3)  The commissioner shall develop and implement by rule state noxious

weed management plans for noxious weed species classified as list A or list B species. For each noxious weed species, each management plan shall designate the management objectives for all lands of the state appropriate to achieve the stated purpose of the species classification.

(2.5)  The commissioner shall prescribe integrated management techniques

to achieve specified management objectives for each listed species after consulting with the state noxious weed advisory committee. The prescribed management techniques shall be mandatory techniques for list A species and populations of list B species designated for eradication. The commissioner shall develop management techniques pursuant to science-based methodologies, peer reviewed studies, or any other method that is based on credible research.

(2.6)  The classifications made pursuant to paragraph (a) of subsection (2) of

this section shall primarily reflect the known distribution of the designated species, the feasibility of current control technologies to achieve specified management objectives, and the costs of carrying out the prescribed state weed management plan.

(2.7) (a)  The commissioner shall also adopt rules for granting compliance

waivers to local governing bodies and landowners; except that a waiver may not be granted to the affected landowner when a landowner has wilfully or wantonly violated the provisions of this section or section 35-5.5-104.5 or 35-5.5-108.5 attempts to delay eradication of a species without just cause.

(b)  Such rules shall include:


(I)  A process by which a local governing body or an affected landowner may

petition the commissioner to change the management objectives specified in a state noxious weed management plan;

(II)  The criteria used to evaluate such petitions; and


(III)  Time frames in which the commissioner shall grant or deny such

petitions.

(c)  Actions sufficient to implement the management objective for a noxious

weed species shall continue until the commissioner grants a waiver pursuant to this subsection (2.7).

(3)  The board of county commissioners or governing body of a municipality

may declare additional noxious weeds, within its jurisdictional boundaries, after a public hearing with thirty days prior notice to the public. Any declaration of additional noxious weeds pursuant to this subsection (3) shall include the management objectives for all affected landowners.

Source: L. 90: Entire article added, p. 1553, � 1, effective July 1. L. 96: Entire

section amended, p. 769, � 10, effective May 23. L. 2003: (2) and (3) amended and (2.1), (2.3), (2.5), (2.6), and (2.7) added, p. 2423, � 4, effective August 6.

35-5.5-108.5.  Responsibilities related to eradication of designated

noxious weeds - commissioner - local governing bodies - affected landowners. (1) This section shall apply to noxious weeds that have been classified as list A species and to populations of list B species designated for eradication pursuant to section 35-5.5-108 (2)(a). This section shall govern the responsibilities of the commissioner, local governing bodies, and affected landowners.

(2)  Duties of commissioner. (a)  The commissioner may enforce the

provisions of this section as necessary to ensure the cooperation of local governing bodies and affected landowners.

(b)  The commissioner shall provide:


(I)  Educational resources to local governing bodies and affected landowners

regarding the eradication of list A species and populations of list B species designated for eradication. Such education shall include an explanation of why the species has been listed for eradication, the prescribed techniques for eradication in the most cost-effective manner, and the duties of the local governing body and affected landowner regarding such eradication.

(II)  Financial or in-kind resources to local governing bodies or affected

landowners to eradicate list A species and populations of list B species designated for eradication from the available moneys in the noxious weed management fund created in section 35-5.5-116. Such financial or in-kind resource allocation shall be determined by the commissioner according to the identified benefits to the citizens of Colorado, the surrounding community, and the affected landowners.

(III)  The inventory and mapping infrastructure necessary to facilitate the

classification of state noxious weeds and the development and implementation of state noxious weed management plans.

(3)  Duties of local governing bodies. (a)  In compliance with the rules

promulgated by the commissioner, a local governing body shall initiate and maintain communications with landowners who are affected by list A species and populations of list B species designated for eradication by the commissioner.

(b)  In addition to the existing powers and duties of a local governing body

provided in this article a local governing body shall:

(I)  Provide affected land owners with technical assistance for the eradication

of list A species and populations of list B species designated for eradication by the commissioner;

(II)  Carry out sufficient measures, including project oversight and

enforcement, as may be necessary to ensure the eradication of list A species and populations of list B species designated for eradication by the commissioner;

(III)  Provide the commissioner with assistance in disseminating financial

resources to affected landowners and mapping data pursuant to rules promulgated by the commissioner; and

(IV)  Determine the cost of eradication to be borne by affected landowners.


(c)  Local governing bodies may apply to the commissioner for a waiver of

compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).

(d)  If the commissioner determines, in consultation with the local governing

body, that the most cost-effective manner to eradicate designated noxious weeds is for the commissioner to implement an eradication program, the commissioner may implement the eradication program directly.

(4)  Duties of affected landowners or occupants. Except as provided

pursuant to section 35-5.5-104.5 (1)(a), an affected landowner or occupant whose property may be affected by list A species or by populations of list B species designated for eradication shall allow the commissioner or local weed control officials access to such property for the purpose of immediate inspection and eradication when at least one of the following events has occurred:

(a)  The affected landowner or occupant has requested the inspection;


(b)  A neighboring landowner or occupant has reported a suspected noxious

weed infestation and requested an inspection; or

(c)  An authorized agent of the local government or commissioner has made a

visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.

(5) (a)  If verbal permission to inspect the land by the affected landowner is

not obtained, no entry upon any premises, lands, or places shall be permitted until the local governing body has notified the affected landowner that such inspection is pending by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. Where possible, inspections shall be scheduled and conducted with the concurrence of the affected landowner or occupant. A local governing body may notify an affected landowner in an electronic format, in addition to notice by certified mail.

(b) (I)  If, after ten days with no response from the affected landowner or

upon denial of access before the expiration of ten days, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body of an affidavit stating:

(A)  The information that gives the inspector reasonable cause to believe that

any provision of this section, section 35-5.5-104.5, or section 35-5.5-108, is being or has been violated;

(B)  The affected landowner has failed to respond or the landowner or

occupant has denied access to the inspector; and

(C)  A general description of the location of the affected land.


(II)  No affected landowner or occupant shall deny access to an authorized

agent of the local governing body or the commissioner in possession of an inspection warrant.

(6)  An affected landowner shall notify a lessee or occupant of affected lands

of all notices of inspection and eradication efforts on such lands as soon as practicable.

(7)  The local governing body of the county or municipality having jurisdiction

over private and public lands on which list A species or populations of list B species designated for eradication are found shall notify the affected landowner or occupant of such lands by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. The notice shall name the noxious weeds, identify eradication as the required management objective, advise the affected landowner or occupant to commence eradication efforts within a specified period or condition, and state the integrated weed management techniques prescribed by the commissioner for eradication. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the eradication of noxious weeds on the premises or land.

(8)  Within five days after the local governing body mails notification, the

landowner shall comply with the terms of the notification or submit an acceptable plan and schedule for the completion of the management objective.

(9) (a)  In the event the affected landowner or occupant fails to comply with

the notice to eradicate the identified noxious weeds and implement an appropriate eradication program, the local governing body having authority over the public or private land shall:

(I)  Provide for and complete the eradication of such noxious weeds at such

time, upon such notice, and in such manner consistent with achieving the management objective as the local governing body deems appropriate; and

(II)  Do one of the following:


(A)  Assess the whole cost of the eradication, including up to one hundred

percent of inspection, eradication, and other incidental costs in connection with eradication, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as a part of a public right-of-way. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be utilized in furtherance of the local governing body's weed management efforts.

(B)  In the event the state board, department, or agency fails to comply with

the notice to eradicate the identified noxious weeds, the local governing body in whose jurisdiction the infestation is located may enter upon such lands and undertake the management of such noxious weeds or cause the same to be done. The expenses associated with inspection and eradication shall be paid by the state board, department, or agency that has jurisdiction over the lands. An agreement for reimbursement shall be reached within two weeks after the date such statement of expense for eradication is submitted by the local governing body. Such reimbursement agreement shall be in writing. If no reimbursement agreement has been reached or the amount reflected in the agreement is not paid upon presentation, the amount in the agreement shall be submitted to the state controller, who shall treat such amount as an encumbrance on the budget of the state board, department, or agency involved or such charge may be recovered in any court with jurisdiction over such lands. The expense associated with eradication may be recovered in any court with jurisdiction over such infested land.

(b)  No local governing body shall provide for or compel the eradication of list

A species and populations of list B species designated for eradication or list B noxious weeds on private or public property pursuant to this subsection (9) without first applying the same measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the property.

(10)  The local governing body, through its delegates, agents, or employees,

shall have the right to enter upon any premises, lands, or places during reasonable business hours for the purpose of ensuring compliance with the requirements of this section concerning noxious weed eradication.

(11)  No agent, employee, or delegate of a local governing body shall have a

cause of action against an affected landowner or occupant for personal injury or property damages while on private or public land for purposes of eradication of noxious weeds except when such damages were the result of gross negligence, recklessness, or intentional action by the landowner.

(12)  If, in the opinion of the commissioner, any local governing body fails to

adequately perform any of the duties set forth in this section, the commissioner is authorized to conduct any of the functions or duties of a local governing body pursuant to this section.

(13)  The commissioner or the local governing body may require the affected

landowner to pay a portion of the costs associated with eradication of the noxious weeds.

(14)  An affected landowner may apply to the commissioner for a waiver of

compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).

(15)  For the purposes of this section, an occupant shall not include the

owner of an easement or right-of-way.

Source: L. 2003: Entire section added, p. 2417, � 3, effective August 6.


35-5.5-108.7.  State noxious weed advisory committee - repeal. (1) (a) (I)

There is hereby created the state noxious weed advisory committee, referred to in this section as the state advisory committee. The state advisory committee consists of seventeen members. Fifteen members are appointed by the commissioner and serve without per diem compensation or expenses. Of the fifteen members:

(A)  At least one member represents private and public landowners or land

managers;

(B)  At least two members represent weed management professionals from

the federal, state, or local levels;

(C)  At least one member represents public or private weed scientists;


(D)  At least two members represent local governing bodies;


(E)  Four members must be agricultural producers; and


(F)  At least three members represent knowledgeable resource specialists or

industries, including environmental organizations.

(II)  The remaining two members are:


(A)  One nonvoting member who is appointed by the Colorado department of

transportation with the approval of the commissioner; and

(B)  One nonvoting member who is appointed by the department of natural

resources with the approval of the commissioner.

(III)  Representation on the state advisory committee must reflect the

different geographic areas of the state equally, to the greatest extent possible. Members of the state advisory committee that represent the various stakeholders and regions shall solicit input from similar stakeholders within each member's area of expertise and region of the state. Members of the state advisory committee shall communicate the committee's recommendations to the region and stakeholders represented by each member.

(b)  Staggered appointments shall be made so that not more than eight

members' terms expire in any one year, and thereafter appointments shall be for terms of two years each. Appointees shall be limited to two full terms each. Each state advisory committee member shall hold office until the expiration of the term for which such member is appointed or until a successor has been duly appointed.

(c)  In the event of a vacancy on the state advisory committee, the

commissioner shall fill such vacancy promptly to allow a quorum of the state advisory committee to function.

(d)  The commissioner may remove any member of the state advisory

committee for misconduct, incompetence, or neglect of duty.

(e)  A quorum of the state advisory committee shall elect or appoint annually

a chair and a vice-chair.

(f)  A quorum of the state advisory committee shall be a majority of the

members appointed to the state advisory committee.

(g)  The state advisory committee shall meet at least quarterly.


(2)  The state advisory committee shall make recommendations to the

commissioner concerning the:

(a)  Designation of state noxious weeds;


(b)  Classification of state noxious weeds;


(c)  Development and implementation of state weed management plans;


(d)  Prescribed techniques for eradication, containment, and suppression of

state noxious weeds; and

(e)  Management of noxious weeds on surface waters and public lands.


(3)  Recommendations of the state advisory committee shall be made by a

majority vote of the members of the state advisory committee.

(4)  The state advisory committee shall periodically assess the progress

made to implement the provisions of sections 35-5.5-104.5, 35-5.5-108.5, 35-5.5-108.7, and 35-5.5-108 (2)(a); measure the results and effectiveness of endeavors to eradicate, contain, and suppress noxious weeds within this state; and recommend to the commissioner ways to enhance statewide efforts to stop the spread of noxious weeds.

(5)  This section is repealed, effective September 1, 2034. Before the repeal,

this section is scheduled for review in accordance with section 2-3-1203.

Source: L. 2003: Entire section added, p. 2422, � 3, effective August 6. L.

2008: (5) amended, p. 1913, � 123, effective August 5. L. 2013: (1)(a), (2)(c), (2)(d), and (5) amended and (2)(e) added, (SB 13-223), ch. 294, p. 1572, � 2, effective May 28. L. 2023: (5) amended, (SB 23-185), ch. 140, p. 591, � 2, effective August 7. L. 2024: (1)(a)(I)(E) amended, (HB 24-1450), ch. 490, p. 3424, � 73, effective August 7. L. 2025: (1)(e) amended, (HB 25-1084), ch. 24, p. 97, � 25, effective August 6.

35-5.5-109.  Private lands - management of noxious weeds - charges. (1)

The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of inspecting for the existence of noxious weed infestations, when at least one of the following circumstances has occurred:

(a)  The landowner or occupant has requested an inspection;


(b)  A neighboring landowner or occupant has reported a suspected noxious

weed infestation and requested an inspection; or

(c)  An authorized agent of the local government has made a visual

observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.

(2) (a)  No entry upon any premises, lands, or places shall be permitted until

the landowner or occupant has been notified by certified mail that such inspection is pending. Where possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant.

(b)  If after receiving notice that an inspection is pending the landowner or

occupant denies access to the inspector of the local governing body, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body, through its agent or employee, of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being or has been violated; that the occupant or landowner has denied access to the inspector; and a general description of the location of the affected land. No landowner or occupant shall deny access to such land when presented with an inspection warrant.

(3)  The local governing body of the county or municipality having jurisdiction

over private lands upon which noxious weeds are found shall have the authority, acting directly or indirectly through its agent or staff, to notify the landowner or occupant of such lands, advising the landowner or occupant of the presence of noxious weeds. Said notice shall name the noxious weeds, advise the landowner or occupant to manage the noxious weeds, and specify the best available control methods of integrated management. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the management of noxious weeds on the premises or lands.

(4) (a)  Within a reasonable time after receipt of notification, which at no time

shall exceed ten days, the landowner or occupant shall either:

(I)  Comply with the terms of the notification;


(II)  Acknowledge the terms of the notification and submit an acceptable plan

and schedule for the completion of the plan for compliance; or

(III)  Request an arbitration panel to determine the final management plan.


(b)  The arbitration panel selected by the local governing body shall be

comprised of a weed management specialist or weed scientist, a landowner of similar land in the same county, and a third panel member chosen by agreement of the first two panel members. The landowner or occupant shall be entitled to challenge any one member of the panel, and the local governing body shall name a new panel member from the same category. The decision of the arbitration panel shall be final.

(5) (a)  In the event the landowner or occupant fails to comply with the notice

to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the local governing body has the authority to:

(I)  Provide for and compel the management of such noxious weeds at such

time, upon such notice, and in such manner as the local governing body shall prescribe by ordinance or resolution; and

(II)  Assess the whole cost thereof, including up to twenty percent for

inspection and other incidental costs in connection therewith, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as part of a public right-of-way. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be deposited in the local governing body's weed fund or any similar fund.

(b)  No local governing body shall provide for or compel the management of

noxious weeds on private property pursuant to this subsection (5) without first applying the same or greater management measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the private property.

(c)  No local governing body shall assess the cost of providing for or

compelling the management of noxious weeds on private property until the level of management called for in the notice or the management plan developed by the arbitration panel has been successfully achieved.

(6)  The local governing body, through its delegates, agents, and employees,

shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of ensuring compliance with the requirements of this article concerning noxious weed management and any other local requirements.

(7)  No agent, employee, or delegate of a local governing body shall have a

civil cause of action against a landowner or occupant for personal injury or property damage incurred while on public or private land for purposes consistent with this article except when such damages were willfully or deliberately caused by the landowner.

Source: L. 90: Entire article added, p. 1554, � 1, effective July 1. L. 96: (1),

(2)(a), (3), (5), and (6) amended, p. 770, � 11, effective May 23.

35-5.5-110.  Public lands - control of undesirable plants - charges. (1)  It is

the duty of each state board, department, or agency that administers or supervises state lands to manage noxious weeds on any lands under its jurisdiction using the methods prescribed by the local governing body in whose jurisdiction such state lands are located. The local governing body may give notice to any such state board, department, or agency advising of the presence of noxious weeds and naming them. Such notice shall specify the best available methods of integrated management that are not in conflict with federal law or contractual restrictions included in federal land conveyances to the state. Wherever possible, the local governing body shall consult with the affected state board, department, or agency in the development of a plan for the management of noxious weeds on the premises or lands.

(2) (a)  Within a reasonable time after receipt of notification, which at no time

shall exceed ten days, the state board, department, or agency shall do one of the following:

(I)  Comply with the terms of the notification;


(II)  Acknowledge the terms of the notification and submit an acceptable plan

and schedule for the completion of the plan for compliance;

(III)  Request an arbitration panel to determine the final management plan.


(b)  The arbitration panel selected by the local governing body

C.R.S. § 35-50-114

35-50-114. Indemnification of livestock owners - diseased livestock indemnity fund - repeal. (1) To meet the emergency caused by any outbreak of contagious or infectious disease, the governor may cause to be issued the state's certificate of indebtedness with which to indemnify owners of property destroyed to pay the necessary costs and expense of exterminating and eradicating such contagion or infection. This section shall not apply to the diseases for which federal indemnity is paid to the owners. In the case of a disease for which federal indemnity is paid, combined state and federal indemnity shall not exceed actual appraised value when an appraisal is required.

(2)  The commissioner, upon the recommendation of the state veterinarian,

may authorize the payment of indemnity to any livestock owner whose herd, pursuant to written agreement with the state veterinarian, is sold for slaughter or destroyed because it is exposed to or diagnosed with an infectious or contagious disease; except that such indemnification, when combined with any other moneys received by the owner for the livestock, shall not exceed ninety percent of the market value for animals of comparable grade and of the same or similar type. Notwithstanding any provision of this section to the contrary, indemnity shall not be paid for brucellosis reactor livestock.

(3) (a)  There is created in the state treasury the diseased livestock indemnity

fund. The unexpended and unencumbered balance of money appropriated by the general assembly for payments for the services of commissioned or appointed personnel pursuant to section 35-50-104 shall be credited to the diseased livestock indemnity fund, upon approval of the commissioner, at the end of each fiscal year. The money in the fund is continuously appropriated for the purpose of making payments as provided in this section.

(b) (I)  On June 30, 2025, the state treasurer shall transfer two hundred fifty

thousand dollars from the diseased livestock indemnity fund to the general fund.

(II)  This subsection (3)(b) is repealed, effective July 1, 2026.


(4)  No indemnity shall be paid when:


(a)  The livestock are owned by the United States or a state, county,

municipality, or other government entity;

(b)  The livestock were brought into the state contrary to this article, the

rules of the commissioner, or an order of the commissioner;

(c)  The livestock were found to be diseased upon arrival in the state or were

exposed to the disease prior to their arrival;

(d)  The livestock were previously affected by any other disease that by its

nature and development was incurable and necessarily fatal;

(e)  The livestock were purchased at the time of a quarantine or purchased

when due diligence and caution would have shown the livestock to be diseased;

(f)  The owner of the livestock willfully exposed the livestock to the disease;


(g)  The owner knew the livestock to be diseased or had notice of the disease

at the time the livestock came into the owner's possession;

(h)  The owner or the owner's agent has not used reasonable diligence to

prevent disease or exposure to disease;

(i)  The owner or the owner's agent has not complied with this article, the

rules adopted by the commissioner, or an order issued by the commissioner;

(j)  The destruction order was not complied with within the specified time

period; or

(k)  The owner attempted to unlawfully or improperly obtain indemnity funds.


Source: L. 2005: Entire article R&RE, p. 456, � 1, effective December 1. L.

2025: (3) amended, (SB 25-264), ch. 129, p. 508, � 43, effective April 25.

Editor's note: This section is similar to former �� 35-50-114 and 35-50-140.5

as they existed prior to 2005.

C.R.S. § 35-60-107

35-60-107. Adulteration and misbranding. (1) (a) No person may manufacture or distribute in this state any feed that is adulterated or misbranded.

(b)  No person may use any feed that is adulterated for any cattle, sheep,

goats, swine, poultry, or any other animals if such animals are raised to produce human food.

(2)  A feed is adulterated if any of the following apply:


(a)  The feed bears or contains any poisonous or deleterious substance that

may render the feed harmful to health; except that, if the poisonous or deleterious substance is not an added substance, a feed shall not be considered adulterated under this subsection (2) if the quantity of such substance in the feed does not ordinarily render it harmful to health.

(b)  The feed bears or contains any added poisonous, deleterious, or

nonnutritive substance that is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act, as amended. This paragraph (b) is not applicable to:

(I)  A pesticide used according to label directions on a raw agricultural

commodity contained in the feed; or

(II)  A food additive that complies with 40 CFR 180.


(c)  The feed is a raw agricultural commodity and it bears or contains

pesticide residue that is unsafe within the meaning of section 408 (a) of the Federal Food, Drug, and Cosmetic Act, unless all of the following apply:

(I)  The pesticide chemical was applied to the raw agricultural commodity

according to an exemption or tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act;

(II)  The raw agricultural commodity has been processed by canning, cooking,

freezing, dehydrating, milling, or other processing procedure;

(III)  The pesticide residue has been removed from the raw agricultural

commodity to the greatest extent possible with good manufacturing practices; and

(IV)  The pesticide residue concentration of the feed does not exceed the

tolerance prescribed for that pesticide in the raw agricultural commodity.

(d)  The feed, if fed to an animal, will likely cause any edible product of that

animal to contain a pesticide residue that is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act.

(e)  The feed contains any food additive that is unsafe within the meaning of

section 409 of the Federal Food, Drug, and Cosmetic Act.

(f)  The feed contains any color additive that is unsafe within the meaning of

section 721 of the Federal Food, Drug, and Cosmetic Act.

(g)  The feed contains any new animal drug that is unsafe within the meaning

of section 512 of the Federal Food, Drug, and Cosmetic Act.

(h)  The feed contains any filthy, putrid, or decomposed substance, or if it is

otherwise unfit for feed.

(i)  The feed is manufactured, packaged, or held under unsanitary conditions

that may contaminate it with filth or make it harmful to health.

(j)  The feed is, in whole or in part, the product of a diseased animal or of an

animal that has died by a method other than slaughter and such method is unsafe within the meaning of section 402 (a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act.

(k)  The feed container is composed, in whole or in part, of any poisonous or

deleterious substance that may render the contents harmful to health.

(l)  The feed has been intentionally subjected to radiation, unless the use of

the radiation was in conformity with the regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act.

(m)  A valuable constituent of the feed falls below or differs from that which

is represented on the feed labeling.

(n)  The feed contains a drug and the methods used in or the facilities or

controls used for its manufacture, processing, or packaging do not conform to rules promulgated by the commissioner concerning good manufacturing practice to assure that the drug meets the requirements of this article as to safety and has the identity, strength, and meets the quality and purity characteristics that it purports or is represented to possess. In promulgating such rule, the commissioner shall adopt the current good manufacturing practice regulations for type A medicated articles and types B and C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless the commissioner determines that such regulations are not appropriate to the conditions that exist in this state.

(o)  The feed contains any germinative noxious weed seeds in amounts

exceeding the limits that the commissioner shall establish by rule.

(p)  The feed is manufactured or distributed or used as feed in a manner that

does not conform with, or contains any substance that is prohibited by, any rules adopted by the commissioner under this article, including, but not limited to, rules pertaining to the prevention of transmissible spongiform encephalopathies.

(3)  A feed is misbranded if any of the following circumstances occur:


(a)  The feed labeling is false, deceptive, or misleading in any particular;


(b)  The feed is sold or distributed under the name of another feed;


(c)  The feed labeling violates any provision of this article;


(d)  The feed purports to contain or is represented as containing a feed

ingredient that does not conform to the definition of that feed ingredient prescribed by rule of the commissioner; or

(e)  Any word, statement, or other information required by or under authority

of this article or any rule adopted pursuant to this article to appear on the feed label or labeling is not prominently and conspicuously placed on the label and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

Source: L. 99: Entire article R&RE, p. 572, � 1, effective January 1, 2000. L.

2007: (1), (2)(a), (2)(i), (2)(k), (3)(d), and (3)(e) amended and (2)(p) added, p. 995, � 8, effective May 22.

Editor's note: This section is similar to former �� 35-60-105 and 35-60-106 as

they existed prior to 1999.

Cross references: For the Federal Food, Drug, and Cosmetic Act, see Pub.L.

75-717, codified at 21 U.S.C. � 301 et seq.

C.R.S. § 35-7-203

35-7-203. Release of destructive rodent pests - definition. (1) No person shall release destructive rodent pests into a county unless the person complies with all requirements for such release imposed by the parks and wildlife commission and obtains both the prior approval of the commission and the prior approval, by resolution duly adopted, of the board of county commissioners of such county. A person need not obtain such prior approval before:

(a)  Transporting destructive rodent pests through a county without releasing

such destructive rodent pests; or

(b)  Confining destructive rodent pests indoors or in cages or similar

enclosures and using such destructive rodent pests for scientific purposes or as food for human or animal consumption; or

(c)  Keeping destructive rodent pests indoors or in cages or similar

enclosures as pets; or

(d)  Releasing destructive rodent pests into the county in which such

destructive rodent pests were originally taken into captivity.

(2)  As used in this section, destructive rodent pests means one or more

rodents, including but not limited to prairie dogs, ground squirrels, pocket gophers, jackrabbits, and rats, that pose a threat to agricultural, horticultural, or livestock concerns or to human health.

(3)  The board of county commissioners of any county into which a person

releases destructive rodent pests without the prior approval of such board may, at its discretion:

(a)  Require the person who released the destructive rodent pests to

eradicate the destructive rodent pests or remove the destructive rodent pests from the county; or

(b)  Impose a fine upon the person who released the destructive rodent pests

in an amount sufficient to compensate the county for the cost of eradicating the destructive rodent pests or removing the destructive rodent pests from the county.

Source: L. 99: Entire section added, p. 155, � 1, effective March 25. L. 2012:

IP(1) amended, (HB 12-1317), ch. 248, p. 1236, � 93, effective June 4.

Cross references: For the parks and wildlife commission, see � 33-9-101.

ARTICLE 8

Weeds

35-8-101 to 35-8-107. (Repealed)


Source: L. 77: Entire article repealed, p. 293, � 10, effective May 26.


Editor's note: This article was numbered as article 9 of chapter 6, C.R.S.

1. For amendments to this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 9

Pesticide Act

Editor's note: This article was numbered as article 12 of chapter 6, C.R.S.

1. The provisions of this article were repealed and reenacted in 1990, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

   Cross references: For exemption of substances regulated by this act from the Colorado Hazardous Substances Act of 1973, see � 25-5-502 (10)(c); for regulations governing the commercial application of pesticides, see article 10 of this title 35.

C.R.S. § 35-82-101

35-82-101. Definitions. As used in this article 82, unless the context otherwise requires:

(1)  Animal means a live vertebrate, nonhuman animal.


(2)  Animal shelter has the meaning set forth in section 35-80-102 (1).


(3)  Cat means a small, domesticated, carnivorous mammal that is a

member of the family Felidae, order Carnivora.

(4)  Chemical substance means any organic or inorganic substance,

including:

(a)  A drug, as defined in 21 U.S.C. sec. 321 (g)(1);


(b)  A pesticide, as defined in 7 U.S.C. sec. 136 (u);


(c)  A chemical substance, as defined in 15 U.S.C. sec. 2602 (2); and


(d)  A food additive, as defined in 21 U.S.C. sec. 321 (s).


(5)  Department means the department of agriculture created in section

35-1-103.

(6)  Dog means any member of the species Canis familiaris.


(7)  Health-related research means research:


(a)  Related to the causes, progression, diagnosis, treatment, control, or

prevention of physical or mental diseases and impairments or chronic conditions of humans or animals;

(b)  Related to the development of biomedical products or devices, as defined

in 21 U.S.C. sec. 321 (h); or

(c)  To test the health effects of chemical substances, ingredients, medical

devices, vaccines, products, or product formulations.

(8) (a)  Health-related research facility means an entity that uses animals

for health-related research.

(b)  Health-related research facility does not include an entity that only

provides a beneficial service to an animal, such as spaying or neutering.

(9)  Pet animal rescue has the meaning set forth in section 35-80-102 (11.2).


Source: L. 2025: Entire article added, (SB 25-085), ch. 95, p. 433, � 1,

effective August 6.

C.R.S. § 35-9-102

35-9-102. Legislative declaration. The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly further finds and declares that it is the intent of this article to assure the dissemination of accurate information regarding the proper and prohibited uses of any pesticide or device. The provisions of this article are enacted to protect the public health, safety, and welfare of the people of this state.

Source: L. 90: Entire article R&RE, p. 1559, � 1, effective June 7. L. 2010:

Entire section amended, (SB 10-034), ch. 376, p. 1766, � 1, effective July 1.

C.R.S. § 35-9-103

35-9-103. Definitions. As used in this article 9, unless the context otherwise requires:

(1)  Active ingredient means:


(a)  In the case of a pesticide other than a plant regulator, defoliant, or

desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

(b)  In the case of a plant regulator, an ingredient which, through

physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;

(c)  In the case of a defoliant, an ingredient which will cause the leaves or

foliage to drop from a plant; and

(d)  In the case of a desiccant, an ingredient which will artificially accelerate

the drying of plant tissue.

(2)  Adulterated refers to:


(a)  Any pesticide whose strength or purity deviates from the professed

strength or purity stated on its labeling or under which it is sold; or

(b)  Any pesticide whose components or their relative proportions differ from

those stated on its labeling; or

(c)  Any substance which has been substituted wholly or in part for a

pesticide; or

(d)  Any pesticide from which any valuable constituent has been wholly or

partly abstracted; or

(e)  Any pesticide in which any contaminant is present in an amount which is

determined by the commissioner to be a hazard.

(3)  Commissioner means the commissioner of agriculture.


(4)  Dealer means any person who distributes to any other person any

restricted-use pesticide.

(5)  Device means any instrument or contrivance, other than a firearm,

intended for trapping, destroying, repelling, or mitigating a pest or any other form of plant or animal life, other than humans and other than bacteria, viruses, or other microorganisms on or in living humans or other living animals; except that device does not include equipment used for the application of pesticides when sold separately from a device.

(6)  Distribute means to advertise, offer for sale, hold for sale, sell, barter,

or supply in any fashion any pesticide in this state.

(7)  EPA means the environmental protection agency.


(8)  Inert ingredient means an ingredient which is not active.


(9)  Limited-use pesticide refers to any pesticide so designated by the

commissioner.

(9.5)  Neonicotinoid pesticide means any pesticide containing a chemical

belonging to the neonicotinoid class of chemicals, including:

(a)  Acetamiprid;


(b)  Clothianidin;


(c)  Dinotefuran;


(d)  Imidacloprid;


(e)  Nitenpyram;


(f)  Nithiazine;


(g)  Thiacloprid; or


(h)  Thiamethoxam.


(10)  Pest means any insect, rodent, nematode, fungus, weed, or other form

of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living humans or in other living animals, that the commissioner or the administrator of the EPA declares to be a pest.

(11)  Pesticide means any substance or mixture of substances intended for

preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; except that the term pesticide shall not include any article that is a new animal drug as designated by the United States food and drug administration.

(11.4)  Refill means to transfer a pesticide for sale or distribution to a

refillable container without changing the composition, formulation, or EPA registration number of the pesticide.

(11.5)  Refillable container means a container that is intended to be filled

more than once with a pesticide for sale or distribution.

(11.6)  Refiller means a person that engages in refilling.


(12)  Restricted-use pesticide means any pesticide designated as a

restricted-use pesticide by the commissioner or the administrator of the environmental protection agency.

Source: L. 90: Entire article R&RE, p. 1559, � 1, effective June 7. L. 2010:

(11.4), (11.5), and (11.6) added, (SB 10-034), ch. 376, p. 1766, � 2, effective July 1. L. 2023: IP amended and (9.5) added, (SB 23-266), ch. 210, p. 1092, � 1, effective August 7. L. 2025: (5) and (10) amended, (HB 25-1084), ch. 24, p. 99, � 31, effective August 6.

Editor's note: This section is similar to former � 35-9-102 as it existed prior to

1990.

C.R.S. § 35-9-104

35-9-104. Exemptions. (1) The provisions of this article shall not apply to:

(a)  Any carrier while lawfully engaged in transporting a pesticide or device

within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the transactions regarding and the movement of the pesticide or device;

(b)  Public officials of this state and the federal government engaged in the

performance of their official duties except as specifically required by this article; or

(c)  The manufacturer or shipper of a pesticide for experimental use only by

or under the supervision of any agency of this state or of the federal government authorized by law to conduct research in the field of pesticides.

(2)  No pesticide or device shall be deemed in violation of this article when

intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all provisions of this article shall apply.

Source: L. 90: Entire article R&RE, p. 1561, � 1, effective June 7.


Editor's note: This section is similar to former � 35-9-108 as it existed prior to

1990.

C.R.S. § 35-9-105

35-9-105. Exclusive jurisdiction. Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture.

Source: L. 90: Entire article R&RE, p. 1561, � 1, effective June 7. L. 2010:

Entire section amended, (SB 10-034), ch. 376, p. 1767, � 3, effective July 1.

Editor's note: This section is similar to former � 35-9-113 as it existed prior to

1990.

C.R.S. § 35-9-106

35-9-106. Pesticide registration required - exemptions. (1) Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article.

(2)  The commissioner may exempt certain pesticides from the registration

requirement consistent with the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, and rules promulgated by the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act.

Source: L. 90: Entire article R&RE, p. 1561, � 1, effective June 7. L. 2010:

Entire section amended, (SB 10-034), ch. 376, p. 1767, � 4, effective July 1.

Editor's note: This section is similar to former � 35-9-104 as it existed prior to

1990.

C.R.S. § 35-9-107

35-9-107. Pesticide registration - application - fees - expiration - rules. (1) Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate:

(a)  The name and address of the applicant and, if it is different, the name and

address of the person whose name will appear on the pesticide label;

(b)  The name of the pesticide;


(c)  A complete copy of the labeling accompanying the pesticide and a

statement of all claims to be made for its use, including directions and precautions for use;

(d)  A complete statement of each active ingredient and its percentage of the

whole and, if requested by the commissioner, each inert ingredient and its percentage of the whole, which inert ingredient information shall be kept confidential as provided in section 35-9-109;

(e)  If requested by the commissioner, a full description of all tests made and

the results thereof, including, but not limited to, efficacy and hazard data upon which the claims are based;

(f)  If requested by the commissioner, analytical standards and methods of

analysis for each formulation of said pesticide and analytical methods for determining any residues of said pesticide at levels suspected harmful to plants, animals, or the environment; and

(g)  Any other information required by the commissioner.


(2)  Each applicant shall pay, at the time the application is submitted, an

annual application fee in an amount to be determined by the commissioner.

(3)  Repealed.


(4) (a)  Repealed.


(b)  On and after January 1, 2011, registration of a pesticide shall expire each

year on a date specified by the commissioner by rule.

Source: L. 90: Entire article R&RE, p. 1561, � 1, effective June 7. L. 2010: IP(1),

(1)(d), and (4) amended and (3) repealed, (SB 10-034), ch. 376, p. 1767, �� 5, 6, effective July 1.

Editor's note: (1)  This section is similar to former � 35-9-104 as it existed

prior to 1990.

(2)  Subsection (4)(a)(II) provided for the repeal of subsection (4)(a), effective

January 1, 2011. (See L. 2010, p. 1767.)

C.R.S. § 35-9-108

35-9-108. Registration - review and evaluation - criteria - state limited-use or restricted-use pesticide - cancellation - summary suspension. (1) The commissioner shall review the information provided with respect to each pesticide to determine if it meets the claims made for it and if the pesticide and its labeling and other materials comply with the provisions of this article and the rules and regulations adopted pursuant thereto.

(2)  If the commissioner determines that the pesticide, the labeling, or any

other materials submitted with an application do not comply with this article 9, the commissioner shall notify the applicant of the particulars in which there is a lack of compliance.

(3)  The commissioner shall not register the pesticide until the applicant has

made the necessary corrections or amendments as specified in the notice. The applicant may request a hearing to appeal an adverse determination pursuant to section 24-4-104, C.R.S.

(4)  The commissioner shall consider the following criteria to determine if a

pesticide qualifies for registration:

(a)  Its composition is such as to warrant the proposed claims for it;


(b)  When used in accordance with generally accepted practices, it will not

cause unacceptable, adverse effects on the environment;

(c)  Its labeling and any other material required to be submitted pursuant to

section 35-9-107 comply with the provisions of this article and any rules and regulations adopted pursuant thereto.

(5)  The commissioner, in the commissioner's discretion, may, at the time of

registration, designate a pesticide as a state restricted-use or limited-use pesticide and may restrict or limit the distribution or use of the pesticide. The commissioner may include in the restriction the time and conditions under which the pesticide may be distributed or used and may impose any or all of the following additional requirements:

(a)  The pesticide shall be purchased, possessed, or used only under permit of

the commissioner;

(b)  The pesticide shall be purchased, possessed, or used only under the

supervision of the commissioner; and

(c)  The permittee shall maintain records as to the use of such pesticide in the

form and manner the commissioner shall designate.

(6)  After a pesticide is registered, the commissioner may cancel the

registration of the pesticide pending notice and an opportunity for hearing if the commissioner determines that:

(a)  The pesticide or its labeling or packaging does not comply with the

provisions of this article or any rules or regulations adopted thereunder; or

(b)  The pesticide registration has been canceled or suspended by the EPA.


(7)  If the commissioner has reasonable grounds to believe and finds that a

registrant has been guilty of deliberate and willful violation of use or distribution restrictions imposed pursuant to this article 9 or that the public health, safety, or welfare imperatively requires emergency action, the commissioner may summarily suspend the registration pending proceedings for suspension or cancellation of the registration.

Source: L. 90: Entire article R&RE, p. 1562, � 1, effective June 7. L. 2025: (2),

IP(5), IP(6), and (7) amended, (HB 25-1084), ch. 24, p. 99, � 32, effective August 6.

Editor's note: This section is similar to former � 35-9-104 as it existed prior to

1990.

C.R.S. § 35-9-109

35-9-109. Confidentiality of inert ingredients. (1) Except as provided by this section, no inert ingredient information required by section 35-9-107 (1)(d) shall be released to any person by the commissioner.

(2)  A registrant may authorize the commissioner to disclose any inert

ingredient information required by section 35-9-107 by filing a signed authorization for release of information with the commissioner.

(3)  When a treating physician or the poison control service provider selected

pursuant to section 25-32-105, C.R.S., determines that a medical emergency exists and information submitted to the commissioner concerning inert ingredients pursuant to section 35-9-107 (1)(d) is necessary for emergency or first-aid treatment, the commissioner may immediately disclose the information necessary to that treating physician or to such poison control service provider. The commissioner shall require such treating physician or such poison control service provider to submit to the commissioner a statement of need for the information and a confidentiality agreement, in the form and manner the commissioner shall designate, as soon as circumstances permit.

(4)  If the treating physician or the poison control service provider, after

receiving confidential information regarding a pesticide, determines that there is a need to disclose the information to another health professional, including a physician or a toxicologist, due to an immediate health emergency, whether public or individual, the treating physician or the poison control service provider shall so inform the commissioner. The commissioner shall require confidentiality from any such health professional to whom the confidential information is disclosed.

Source: L. 90: Entire article R&RE, p. 1563, � 1, effective June 7. L. 94: (3) and

(4) amended, p. 1669, � 5, effective July 1, 1995. L. 2003: (3) amended, p. 2001, � 62, effective May 22. L. 2010: (1), (2), and (3) amended, (SB 10-034), ch. 376, p. 1768, � 7, effective July 1.

Editor's note: This section is similar to former � 35-9-104 as it existed prior to

1990.

C.R.S. § 35-9-112

35-9-112. Renewal of pesticide and device registration - fees. (1) A registrant of either a pesticide or a device shall submit a renewal application in the form and manner designated by the commissioner on or before the expiration date of the registration and shall pay a renewal fee in an amount determined by the commissioner.

(2)  If an application for renewal of a pesticide or device registration is not

received on or before the expiration date of the registration, the registration shall expire. An expired registration may be renewed within two years after the expiration date of the registration upon payment of all late fees and any other penalties or sums assessed pursuant to this article, if the applicant satisfies the commissioner that the requirements of section 35-9-107 have been met.

(3)  The commissioner may require the applicant to submit any additional

information the commissioner deems necessary, including:

(a)  A full description of all tests made of the pesticide or device, and the

results thereof, including, but not limited to, efficacy and hazard data upon which any claims for the pesticide or device are based; and

(b)  With respect to any pesticide, the analytic standards and methods of

analysis for each formulation of said pesticide and the analytic methods used to determine any residues of the said pesticide at levels suspected harmful to plants, animals, or the environment.

(4)  The commissioner, at the time of the renewal of a registration, may, at the

commissioner's discretion, designate a pesticide as a state restricted-use or limited-use pesticide in the same manner as set forth in section 35-9-108 (5).

Source: L. 90: Entire article R&RE, p. 1564, � 1, effective June 7. L. 2010: (1)

and (2) amended, (SB 10-034), ch. 376, p. 1768, � 10, effective July 1. L. 2025: IP(3) and (4) amended, (HB 25-1084), ch. 24, p. 100, � 34, effective August 6.

Editor's note: This section is similar to former � 35-9-104 as it existed prior to

1990.

C.R.S. § 35-9-113

35-9-113. Misbranded. (1) The term misbranded shall apply:

(a)  To any pesticide or device if its labeling bears any statement, design, or

graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(b)  To any pesticide:


(I)  If it is an imitation of or is offered for sale under the name of another

pesticide;

(II)  If its labeling bears any reference to registration under the provisions of

this article unless such reference is required by this article or rules or regulations adopted pursuant thereto;

(III)  If any word, statement, or other information required by this article or

rules adopted under this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(IV)  If the label does not bear:


(A)  The name and address of the manufacturer, registrant, or person for

whom manufactured;

(B)  The name, brand, or trademark under which the pesticide is sold;


(C)  An ingredient statement on that part of the immediate container of the

retail package which is presented or displayed under customary conditions of purchase and on the outside container or wrapper thereof, if there is one and if the ingredient statement on the immediate container cannot be clearly read through such outside container or wrapper; except that the commissioner may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;

(D)  Directions for use and a warning or caution statement which are

necessary and, if complied with, adequate to protect the public and to prevent injury to the public, including living people, useful vertebrate animals, useful vegetation, useful invertebrate animals, wildlife, and land;

(E)  The weight or measure of the content, subject to the provisions of article

14 of this title; and

(F)  Any registration number or establishment number issued by the EPA;


(V)  If the pesticide contains any substance or substances in quantities highly

toxic to people, unless the label bears, in addition to any other matter required by this article:

(A)  The skull and crossbones;


(B)  The word poison prominently in red on a background of distinctly

contrasting color; and

(C)  A statement of a practical treatment in case of poisoning by the

pesticide;

(VI)  If the pesticide container does not bear a label or if the label does not

contain all the information required by this article or rules adopted pursuant thereto.

Source: L. 90: Entire article R&RE, p. 1565, � 1, effective June 7.


Editor's note: This section is similar to former � 35-9-104 as it existed prior to

1990.

C.R.S. § 35-9-114

35-9-114. Pesticide dealer license - required. (1) Effective January 1, 1992, any person who acts as a pesticide dealer must possess a valid pesticide dealer license issued by the commissioner in accordance with this article and any rules or regulations adopted pursuant thereto.

(2)  Each business location, including branch offices, and each business name

must be licensed.

Source: L. 90: Entire article R&RE, p. 1566, � 1, effective June 7.


Editor's note: This section is similar to former � 35-9-105 as it existed prior to

1990.

C.R.S. § 35-9-115

35-9-115. Pesticide dealer license - requirements - application - fees - expiration. (1) Each applicant for a pesticide dealer license shall make application to the commissioner providing all information in the form and manner the commissioner shall designate.

(2)  Each applicant for a pesticide dealer license shall pay a fee in an amount

determined by the commissioner.

(3)  Each pesticide dealer license shall expire on January 1 of each year.


(4)  Each licensee shall report to the commissioner, in the form and manner

the commissioner designates, any change to the information provided in the licensee's application or in the reports previously submitted within fifteen days after the change.

Source: L. 90: Entire article R&RE, p. 1566, � 1, effective June 7. L. 2025: (4)

amended, (HB 25-1084), ch. 24, p. 100, � 35, effective August 6.

C.R.S. § 35-9-116

35-9-116. Renewal of pesticide dealer license. (1) Each pesticide dealer shall make an application to renew its license on or before the first working day of January for the year of renewal. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee.

(2)  If the application for renewal of any pesticide dealer license is not

received on or before the first working day of January for the year of renewal, a penalty fee of ten percent of the license fee shall be assessed and added to the renewal fee. No license shall be renewed until the total fee is paid.

(3)  If a pesticide dealer license renewal application is not received by

February 1 of the renewal year, the license shall not be renewed and the dealer must apply for a new license.

Source: L. 90: Entire article R&RE, p. 1566, � 1, effective June 7. L. 2010: (2)

and (3) amended, (SB 10-034), ch. 376, p. 1769, � 11, effective July 1.

Editor's note: This section is similar to former � 35-9-105 as it existed prior to

1990.

C.R.S. § 35-9-117

35-9-117. Dealer and refiller records and reports - rules. (1) Licensed pesticide dealers shall keep records of designated sales in the form and manner designated by the commissioner.

(2)  Such records shall be kept at the address designated on the license

application or on a change report as required by section 35-9-115 (4) for a period of two years from the date of the sale of such pesticide.

(3)  Licensees shall submit such additional reports as may be required by the

commissioner.

(4)  Refillers shall keep and maintain records in the form and manner

specified by the commissioner by rule.

Source: L. 90: Entire article R&RE, p. 1566, � 1, effective June 7. L. 2010: (4)

added, (SB 10-034), ch. 376, p. 1769, � 12, effective July 1.

C.R.S. § 35-9-118

35-9-118. Powers and duties of the commissioner - exemptions - rules. (1) The commissioner is authorized to administer and enforce the provisions of this article and any rules and regulations adopted pursuant thereto.

(2)  The commissioner may adopt all reasonable rules for the administration

and enforcement of this article 9, including:

(a)  Declaring to be a pest any form of plant or animal life or virus which is

injurious to plants, animals, or persons, or to land or any inanimate objects, or to the environment;

(b)  Determining that certain pesticides are highly toxic to people; except

that, in making this determination, the commissioner shall be guided by the criteria set forth in 40 CFR 156.62, as amended;

(c) (I)  Adopting a list of restricted-use pesticides or limited-use pesticides for

the state or designated areas within the state if the commissioner determines that such pesticides require rules restricting their distribution or use. The commissioner may include in the rule the time and conditions of the distribution or use of restricted-use or limited-use pesticides and may require that any such pesticide be purchased, possessed, or used only under permit of the commissioner and under the commissioner's supervision. The commissioner may require all persons issued such permits to maintain records regarding the use of such pesticides.

(II)  Nothing in this paragraph (c) shall require the commissioner to adopt a

list of pesticides which are registered by the EPA pursuant to section 18 or 24 (c) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, or are restricted by the EPA pursuant to section 3 of said act.

(d)  Determining standards for denaturing any pesticides, including, but not

limited to, any arsenicals, fluorides, or fluosilicates by color, taste, odor, or form;

(e)  The collection and examination of samples of pesticides or devices;


(f)  The safe handling, transportation, storage, display, distribution, and

disposal of pesticides and their containers; except that, with respect to the adoption of rules or regulations concerning the transportation of pesticides or the disposal of pesticides and their containers, such rules shall be promulgated in concert with, and shall not be duplicative of, rules adopted by the department of transportation and the department of public health and environment, respectively;

(g)  Restricting or prohibiting the use of certain types or sizes of containers or

packages for specific pesticides; except that the commissioner shall be guided by federal regulations concerning pesticide containers;

(h)  Determining labeling requirements for all pesticides required to be

registered under the provisions of this article and any rules or regulations adopted pursuant thereto;

(i)  Classifying or subclassifying any pesticide registration, device

registration, or pesticide dealer license.

(2.5) (a)  The commissioner shall expedite, to the extent practicable and

efficient, the processing of applications for the issuance of a special local needs registration made pursuant to section 24 (c) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

(b)  Notwithstanding section 35-9-113 (1)(b)(IV)(D), the commissioner shall not

deny registration of a pesticide product pursuant to this article for which a special local needs registration has been issued pursuant to section 24 (c) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, for the reason that a contract between a grower or grower's group and a manufacturer or seller includes contractual provisions limiting liability of the manufacturer or seller.

(3) (a)  The commissioner shall promulgate rules, pursuant to article 4 of title

24, to determine the annual registration fee for each pesticide registered. For the purpose of funding the department of agriculture's state waters protection efforts, the fee must include an increment as approved by the agricultural commission in consultation with the advisory committee created in section 35-10-125, which increment, along with the remainder of the fee, shall be collected by the commissioner and transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3.

(b)  The commissioner shall promulgate rules and regulations, pursuant to

article 4 of title 24, C.R.S., to determine the amount of any licensing, renewal, or penalty fee authorized under this article.

(4)  The commissioner is authorized to enter into cooperative agreements

with any agency or political subdivisions of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving grants-in-aid, securing uniformity of rules, and entering into reciprocal registration and licensing agreements.

(4.5)  Repealed.


(5)  The powers and duties vested in the commissioner by this article may be

delegated to qualified employees of the department.

(6)  The commissioner is authorized to conduct hearings required under

sections 35-9-121 and 35-9-122 pursuant to article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the department.

(7) (a)  On or before January 1, 2024, the commissioner shall adopt rules

requiring neonicotinoid pesticides to be designated as limited-use pesticides.

(b)  On or before July 1, 2024, the commissioner shall adopt rules requiring

neonicotinoid pesticides to be sold only by dealers licensed pursuant to section 35-9-114.

(c)  Subsections (7)(a) and (7)(b) of this section, and rules that the

commissioner adopts pursuant to those subsections, do not apply to pesticide products containing neonicotinoid active ingredients:

(I)  That are used in academic research; or


(II)  For which the product label includes one or more of the following

intended uses:

(A)  As a pet care product;


(B)  As a veterinary product used by a veterinarian licensed pursuant to

article 315 of title 12 as part of the veterinarian's licensed practice;

(C)  As an indoor pest control product;


(D)  As a personal care product used for preventing, destroying, repelling, or

mitigating lice;

(E)  As a product used in structural insulation;


(F)  As a preserved wood product or product used in the manufacturing of

wood preservatives;

(G)  As a bait product, including, but not limited to, bait station traps and

scatter bait; or

(H)  As an insect strip.


Source: L. 90: Entire article R&RE, p. 1567, � 1, effective June 7. L. 91: (2)(f)

amended, p. 1074, � 57, effective July 1. L. 94: (3)(a) amended, p. 1644, � 75, effective May 31; (2)(f) amended, p. 2804, � 572, effective July 1. L. 98: (2.5) added, p. 721, � 2, effective May 18; (3)(a) amended, p. 1341, � 63, effective June 1. L. 99: (4.5) added, p. 1324, � 4, effective July 1. L. 2004: (4.5) amended, p. 1044, � 13, effective July 1. L. 2005: (3)(a) amended, p. 1268, � 4, effective July 1. L. 2008: (4.5) repealed, p. 1625, � 3, effective August 5. L. 2009: (3)(a) amended, (HB 09-1249), ch. 87, p. 316, � 4, effective July 1. L. 2010: IP(2) and (2)(b) amended, (SB 10-034), ch. 376, p. 1769, � 14, effective July 1. L. 2019: (3)(a) amended, (SB 19-186), ch. 422, p. 3690, � 4, effective August 2. L. 2023: (7) added, (SB 23-266), ch. 210, p. 1093, � 2, effective August 7. L. 2025: IP(2) and (2)(c)(I) amended, (HB 25-1084), ch. 24, p. 100, � 36, effective August 6.

Editor's note: This section is similar to former �� 35-9-104, 35-9-105, and 35-9-106 as they existed prior to 1990.


Cross references: (1)  For the Federal Insecticide, Fungicide, and

Rodenticide Act, see Pub.L. 92-516, codified at 7 U.S.C. � 136 et seq.; for provisions concerning administrative law judges, see part 10 of article 30 of title 24.

(2)  For the legislative declaration contained in the 1999 act enacting

subsection (4.5), see section 1 of chapter 318, Session Laws of Colorado 1999.

C.R.S. § 35-9-119

35-9-119. Investigations - access - subpoena. (1) The commissioner, upon the commissioner's own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this article 9.

(2) (a)  At any reasonable time during regular business hours, the

commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant:

(I)  To all buildings, yards, warehouses, and storage facilities in which any

pesticides are kept, stored, handled, processed, or transported for the purpose of carrying out any provision of this article or any rule made pursuant to this article;

(II)  To all records required to be kept at any reasonable time and may make

copies of such records for the purpose of carrying out any provision of this article or any rule made pursuant to this article.

(b)  The commissioner may administer oaths and take statements; issue

administrative subpoenas requiring the attendance of witnesses before the commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of a witness to obey a subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court is punishable as a contempt of court.

(3)  Complaints of record made to the commissioner and the results of the

commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection, except as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee or registrant.

Source: L. 90: Entire article R&RE, p. 1568, � 1, effective June 7. L. 2025: (1),

(2)(b), and (3) amended, (HB 25-1084), ch. 24, p. 101, � 37, effective August 6.

Editor's note: This section is similar to former � 35-9-107 as it existed prior to

1990.

C.R.S. § 35-9-120

35-9-120. Prohibited acts - deceptive trade practice. (1) It is unlawful and a violation of this article for any person:

(a)  To distribute within the state or deliver for transportation in intrastate

commerce or transport between points within this state through any point outside this state any of the following:

(I)  Any pesticide or device which has not been registered pursuant to the

provisions of this article and any rules and regulations adopted pursuant thereto;

(II)  Any pesticide or device if any of the claims made for it or any of the

directions for its use or any other labeling differs from the representations made in connection with its registration or reregistration; except that, at the discretion of the commissioner, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product;

(III)  Any pesticide unless it is in the registrant's or the manufacturer's

unbroken immediate container and there is affixed to such container a label bearing the information required in this article and the rules adopted pursuant to this article, and, if there is an outside container or wrapper of such retail package through which the required information cannot be clearly read, there is an additional label on such container or wrapper containing such information;

(IV)  Any pesticide which is adulterated or misbranded, or any device which is

misbranded;

(V)  Any pesticide in any container which violates rules adopted pursuant to

this article or in any container which is unsafe due to damage;

(b)  To distribute any pesticide to any person who is required by law or rules

adopted under such law to be certified, licensed, or have a permit to use or purchase the pesticide unless such person or the person's agent, to whom sale or delivery is made, has a valid certification, license, or permit to use or purchase the kind and quantity of such pesticide sold or delivered; except that, subject to conditions established by the commissioner, such permit may be obtained immediately prior to sale or delivery from any person so designated by the commissioner;

(c)  To detach, alter, deface, or destroy, wholly or in part, any label or labeling

provided for in this article or rules adopted pursuant thereto, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this article or the rules adopted pursuant thereto;

(d)  To use or cause to be used any pesticide contrary to the rules and

restrictions adopted pursuant to section 35-9-118 (2)(c);

(e)  To use for the person's own advantage or to reveal, other than under the

authority of section 35-9-109, any information relative to formulas of products acquired by authority of section 35-9-107 (1)(d);

(f)  To perform any of the acts or to hold oneself out as being qualified to

perform any of the acts for which licensure as a pesticide dealer is required without possessing a valid license to do so;

(g) (I)  To make false, misleading, deceptive, or fraudulent representations

through any media regarding:

(A)  Pesticides or any aspect of their use, including, but not limited to,

representations regarding their safety and effectiveness; or

(B)  Devices or any aspect of their use, including, but not limited to,

representations regarding their safety and effectiveness.

(II)  It is a false representation to make claims as to the safety of any

pesticide or device or their components or ingredients, including, but not limited to, such claims as safe, noninjurious, harmless, or nontoxic to humans and pets, with or without such qualifying phrases as when used as directed and when properly applied.

(h)  To refuse or neglect to comply with the provisions of this article;


(i)  To refuse or neglect to comply with any rule adopted under this article, or

any lawful order of the commissioner;

(j)  To impersonate any state, county, or city inspector or official;


(j.5)  To make a false statement in any invoice, record, report, or application

required under this article or any rule promulgated under this article; or

(k)  To make any fraudulent statements in any confidentiality agreement

authorized pursuant to section 35-9-109 or to violate any of the provisions of said agreement.

(2)  It is a violation of this article 9 for any pesticide dealer:


(a)  To store pesticides in a manner inconsistent with labeling directions,

except as provided by law, or in a fraudulent, faulty, unsafe, or negligent manner;

(b)  To dispose of empty pesticide containers or unused materials

inconsistent with labeling directions or in a negligent or unsafe manner;

(c)  To permit the use of the pesticide dealer's license by persons to whom

the license was not issued;

(d)  To fail to maintain records and file reports as required by this article or

rules adopted pursuant thereto;

(e)  To fail to notify the commissioner of any change of address within thirty

days after said change of address;

(f)  To make a false statement of fact in any invoice or any record, report, or

application required by this article or by any rule adopted pursuant thereto; or

(g)  To sell a pesticide without having an appropriately licensed pest control

consultant supervising said sale.

(2.5)  It is unlawful and a violation of this article for any refiller:


(a)  To fail to maintain any records or reports required under this article or

any rule promulgated under this article;

(b)  To make a false statement of fact in any record or report required by this

article or any rule promulgated under this article; or

(c)  To fail to clean a refillable container in accordance with residue removal

procedures specified by the commissioner by rule.

(3)  Any violation of paragraph (a), (c), (f), or (g) of subsection (1) of this

section is a deceptive trade practice and is subject to the Colorado Consumer Protection Act, article 1 of title 6, C.R.S.

Source: L. 90: Entire article R&RE, p. 1569, � 1, effective June 7. L. 2010: (1)(j)

and (3) amended and (1)(j.5) and (2.5) added, (SB 10-034), ch. 376, pp. 1769, 1770, �� 15, 16, effective July 1. L. 2025: IP(2) and (2)(c) amended, (HB 25-1084), ch. 24, p. 101, � 38, effective August 6.

Editor's note: This section is similar to former � 35-9-103 as it existed prior to

1990.

C.R.S. § 35-9-122

35-9-122. Denial - suspension - revocation. (1) The commissioner, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition, or deny, refuse to renew, suspend, or revoke any pesticide or device registration or any pesticide dealer license if the applicant, holder of the registration, or licensee:

(a)  Has refused or failed to comply with any provision of this article, any rule

adopted under this article, or any lawful order of the commissioner;

(b)  Has been convicted of a felony for an offense related to conduct

regulated by this article;

(c)  Has used fraud or deception in the procurement or attempted

procurement of any registration or license authorized under this article, or the renewal thereof;

(d)  Has failed to comply with a lawful order of the commissioner;


(e)  Has had an equivalent registration or license canceled, denied, revoked,

or suspended by any authority;

(f)  Has been adjudicated a violator or has committed a violation of the

Federal Insecticide, Fungicide, and Rodenticide Act, as amended; except that a consent decree entered into with the environmental protection agency shall not be considered a violation of such act unless an order from the regional administrator of the environmental protection agency or the consent decree shall specifically state that a violation has occurred;

(g)  Has refused to provide the commissioner with reasonable, complete, and

accurate information regarding methods or materials used or work performed when requested by the commissioner; or

(h)  Has falsified any information requested by the commissioner.


(2)  In any proceeding held under this section, the commissioner may accept

as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee or holder of a registration from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.

(3)  No licensee whose license has been revoked may apply or reapply for a

license under this article until two years from the date of such revocation.

Source: L. 90: Entire article R&RE, p. 1571, � 1, effective June 7.


Editor's note: This section is similar to former � 35-9-109 as it existed prior to

1990.

Cross references: For the Federal Insecticide, Fungicide, and Rodenticide

Act, see Pub.L. 92-516, codified at 7 U.S.C. � 136 et seq.

C.R.S. § 35-9-123

35-9-123. Embargo - penalty. (1) This section shall apply whenever the commissioner finds or has reasonable cause to believe that any pesticide or device:

(a)  Is adulterated or misbranded;


(b)  Has not been registered under the provisions of this article;


(c)  Fails to bear on its label the information required by this article; or


(d)  Is in violation of any provision of this article or any rule made pursuant to

this article.

(2)  If any of the conditions specified in subsection (1) of this section apply,

the commissioner may affix to such pesticide or device a tag or other appropriate marking giving notice thereof and stating that the pesticide or device has been detained or embargoed and warning all persons not to remove or dispose of such pesticide or device by sale or otherwise until permission for removal or disposal is given by the commissioner or a court of competent jurisdiction.

(3)  Any person who removes or disposes of such detained or embargoed

pesticide or device by sale or otherwise, without prior permission, or removes or alters the tag or marking commits a class 2 misdemeanor. In addition, such person may be subjected to appropriate administrative proceedings.

(4)  When a pesticide or device detained or embargoed under subsection (2)

of this section has been found by the commissioner to be in violation of any provision of this article 9 or any rule adopted pursuant to this article 9, and if the violation has not been resolved in thirty days, the commissioner may petition a court of competent jurisdiction for a condemnation of such pesticide or device. When the commissioner has found that a pesticide or device so detained or embargoed is not adulterated or misbranded, the commissioner shall remove the tag or other marking.

(5)  If the court finds that a detained or embargoed pesticide or device is in

violation of this article 9 or rules adopted pursuant to this article 9, the pesticide or device shall after entry of the decree be destroyed at the expense of the owner, claimant, or custodian of the pesticide or device, under the supervision of the commissioner, and all court costs and attorney fees and storage and other proper expenses shall be assessed against the owner, claimant, or custodian of the pesticide or device or the owner's, claimant's, or custodian's agent. However, if the adulteration or misbranding can be corrected by proper labeling or processing of the pesticide or device, the court, after entry of the decree and after such costs, attorney fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of such pesticide or device, may order that the pesticide or device be delivered to the owner, claimant, or custodian for such labeling or processing under the supervision of the commissioner. The expense of such supervision shall be paid by the owner, claimant, or custodian. The pesticide or device shall be returned to the owner, claimant, or custodian on the representation to the court by the commissioner that the pesticide or device is no longer in violation of this article 9 and that the expenses of such supervision have been paid.

Source: L. 90: Entire article R&RE, p. 1572, � 1, effective June 7. L. 2002: (3)

amended, p. 1547, � 304, effective October 1. L. 2021: (3) amended, amended, (SB 21-271), ch. 462, p. 3277, � 617, effective March 1, 2022. L. 2025: (4) and (5) amended, (HB 25-1084), ch. 24, p. 102, � 40, effective August 6.

Editor's note: This section is similar to former � 35-9-110 as it existed prior to

1990.

Cross references: For the legislative declaration contained in the 2002 act

amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.

C.R.S. § 35-9-126

35-9-126. Pesticide fund - transfer of moneys to plant health, pest control, and environmental protection cash fund - fees. (1) All fees and civil fines collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the pesticide fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

(2)  (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 316, � 5,

effective July 1, 2009.)

Source: L. 90: Entire article R&RE, p. 1574, � 1, effective June 7. L. 2006: (1)

amended, p. 1267, � 20, effective January 1, 2007. L. 2009: Entire section amended, (HB 09-1249), ch. 87, p. 316, � 5, effective July 1.

C.R.S. § 35-9-128

35-9-128. Information. The commissioner, in cooperation with other agencies of this state or the federal government, may publish information pertaining to pesticides and conduct workshops for the purpose of informing pesticide dealers of new developments in the field of pesticides.

Source: L. 90: Entire article R&RE, p. 1574, � 1, effective June 7.

ARTICLE 10

Pesticide Applicators' Act

Editor's note: This article was numbered as article 14 of chapter 6, C.R.S.

1. The provisions of this article were repealed and reenacted in 1990, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

C.R.S. § 38-12-1001

38-12-1001. Definitions. As used in this part 10, unless the context otherwise requires:

(1)  Bed bug means the common bed bug, or cimex lectularius.


(2)  Bed bug detection team means a scent detection canine team that

holds a current, independent, third-party certification in accordance with the guidelines for minimum standards for canine bed bug detection team certification established by the National Pest Management Association or its successor organization.

(3)  Certified operator has the meaning set forth in section 35-10-103 (1).


(4)  Commercial applicator has the meaning set forth in section 35-10-103

(2).

(5)  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.

(6)  Dwelling unit means a structure or the part of a structure that is used

as a home, residence, or sleeping place by a tenant.

(7)  Electronic notice means notice by email or an electronic portal or

management communications system that is available to both a landlord and a tenant.

(8)  Landlord means the owner, manager, lessor, or sublessor of a

residential premises.

(9)  Pest control agent means a certified operator, commercial applicator,

qualified supervisor, or technician.

(10)  Qualified inspector means a bed bug detection team, local health

department official, certified operator, commercial applicator, qualified supervisor, or technician who is retained by a landlord to conduct an inspection for bed bugs.

(11)  Qualified supervisor has the meaning set forth in section 35-10-103

(13).

(12)  Technician has the meaning set forth in section 35-10-103 (15).


(13)  Tenant means a person entitled under a rental agreement to occupy a

dwelling unit to the exclusion of others.

Source: L. 2019: Entire part added, (HB 19-1328), ch. 426, p. 3717, � 1,

effective January 1, 2020.

C.R.S. § 38-12-1003

38-12-1003. Bed bugs - inspections - treatments - costs. (1) If a landlord obtains an inspection for bed bugs, the landlord must provide written notice to the tenant within two business days after the inspection indicating whether the dwelling unit contains bed bugs.

(2)  If a qualified inspector conducting an inspection determines that neither

the dwelling unit nor any contiguous dwelling unit contains bed bugs, the notice provided by the landlord pursuant to subsection (1) of this section must inform the tenant that if the tenant remains concerned that the dwelling unit contains bed bugs, the tenant may contact the local health department to report such concerns.

(3)  If a qualified inspector conducting an inspection determines that a

dwelling unit or any contiguous dwelling unit contains bed bugs in any stage of the life cycle, the qualified inspector shall provide a report of the determination to the landlord within twenty-four hours; except that, for any such determination that is made by a qualified inspector licensed by the commissioner of agriculture pursuant to article 10 of title 35, the qualified inspector shall provide the report in accordance with rules promulgated by the commissioner of agriculture pursuant to said article 10. Not later than five business days after the date of the inspection, the landlord shall commence reasonable measures, as determined by the qualified inspector, to effectively treat the bed bug presence, including retaining the services of a pest control agent to treat the dwelling unit and any contiguous dwelling unit.

(4)  Except as otherwise provided in this part 10, a landlord is responsible for

all costs associated with an inspection for, and treatment of, bed bugs. Nothing in this section prohibits a tenant from contacting any agency at any time concerning the presence of bed bugs.

Source: L. 2019: Entire part added, (HB 19-1328), ch. 426, p. 3719, � 1,

effective January 1, 2020.

C.R.S. § 38-12-1004

38-12-1004. Bed bugs - access to dwelling unit and personal belongings - notice - costs. (1) (a) If a landlord, qualified inspector, or pest control agent must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice of such fact at least forty-eight hours before the landlord, qualified inspector, or pest control agent attempts to enter the dwelling unit; except that a rental agreement may provide for a different minimum time for the notice. A tenant who receives such notice shall not unreasonably deny the landlord, qualified inspector, or pest control agent access to the dwelling unit.

(b)  A tenant may waive the notice requirement described in subsection (1)(a)

of this section.

(2)  A qualified inspector who is inspecting a dwelling unit for bed bugs may

conduct an initial visual and manual inspection of a tenant's bedding and upholstered furniture. The qualified inspector may inspect items other than bedding and upholstered furniture when the qualified inspector determines that such an inspection is necessary and reasonable.

(3)  If a qualified inspector finds bed bugs in a dwelling unit or in any

contiguous dwelling unit, the qualified inspector may have such additional access to the tenant's personal belongings as the qualified inspector determines is necessary and reasonable.

(4)  A tenant shall comply with reasonable measures to permit the inspection

for, and the treatment of, the presence of bed bugs as determined by the qualified inspector, and the tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and treatment requirements described in this part 10 is liable for the cost of any bed bug treatments of the dwelling unit and contiguous dwelling units if the need for such treatments arises from the tenant's noncompliance.

(5)  If any furniture, clothing, equipment, or personal property belonging to a

tenant is found to contain bed bugs, the qualified inspector shall advise the tenant that the furniture, clothing, equipment, or personal property should not be removed from the dwelling unit until a pest control agent determines that a bed bug treatment has been completed; except that, if the determination that any furniture, clothing, equipment, or personal property contains bed bugs is made by a qualified inspector licensed by the commissioner of agriculture pursuant to article 10 of title 35, the qualified inspector shall advise the tenant regarding the removal of the furniture, clothing, equipment, or personal property in accordance with rules promulgated by the commissioner of agriculture pursuant to said article 10. The tenant shall not dispose of personal property that was determined to contain bed bugs in any common area where such disposal may risk the infestation of other dwelling units.

(6) (a)  Nothing in this section requires a landlord to provide a tenant with

alternative lodging or to pay to replace a tenant's personal property.

(b)  Nothing in this section preempts or restricts the application of any state

or federal law concerning reasonable accommodations for persons with disabilities.

Source: L. 2019: Entire part added, (HB 19-1328), ch. 426, p. 3719, � 1,

effective January 1, 2020.

C.R.S. § 38-12-1006

38-12-1006. Remedies - liability. (1) A landlord who fails to comply with this part 10 is liable to the tenant for the tenant's actual damages.

(2)  A landlord may apply to a court of competent jurisdiction to obtain

injunctive relief against a tenant who:

(a)  Refuses to provide reasonable access to a dwelling unit; or


(b)  Fails to comply with a reasonable request for inspection or treatment of a

dwelling unit.

(3)  If a court finds that a tenant has unreasonably failed to comply with one

or more requirements set forth in this part 10, the court may issue a temporary order to carry out this part 10, including:

(a)  Granting the landlord access to the dwelling unit for the purposes set

forth in this part 10;

(b)  Granting the landlord the right to engage in bed bug inspection and

treatment measures in the dwelling unit; and

(c)  Requiring the tenant to comply with specific bed bug inspection and

treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance.

(4)  Any court order granting a landlord access to a dwelling unit must be

served upon the tenant at least twenty-four hours before a landlord, qualified inspector, or pest control agent enters the dwelling unit.

(5) (a)  The remedies in this section are in addition to any other remedies

available at law or in equity to any person.

(b)  This section does not limit or restrict the authority of any state or local

housing or health code enforcement agency.

Source: L. 2019: Entire part added, (HB 19-1328), ch. 426, p. 3721, � 1,

effective January 1, 2020.

C.R.S. § 38-12-505

38-12-505. Uninhabitable residential premises - habitability procedures - rules - definition. (1) A residential premises is deemed uninhabitable if:

(a)  There is mold that is associated with dampness, or there is any other

condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use;

(b)  It substantially lacks any of the following characteristics:


(I)  Functioning appliances that conformed to applicable law at the time of

installation and that are maintained in good working order;

(II)  Waterproofing and weather protection of roof and exterior walls

maintained in good working order, including unbroken windows and doors;

(III)  Plumbing or gas facilities that conformed to applicable law in effect at

the time of installation and that are maintained in good working order;

(IV)  Running water at all times and hot water in an amount necessary for the

tenant to perform all ordinary activities related to maintaining cleanliness and health, furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;

(V)  Functioning heating facilities that conformed to applicable law at the

time of installation and that are maintained in good working order;

(VI)  Electrical lighting, with wiring and electrical equipment that conformed

to applicable law at the time of installation, maintained in good working order;

(VII)  Common areas and areas under the control of the landlord that are kept

reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents, vermin, pests, or insects;

(VIII)  Appropriate extermination in response to the infestation of rodents,

vermin, pests, or insects throughout a residential premises, including compliance with all requirements under part 10 of this article 12;

(IX)  An adequate number of appropriate exterior receptacles for garbage,

waste, and rubbish, in good repair and scheduled to be serviced and emptied at sufficient intervals to ensure containment and proper disposal of all trash, waste, and rubbish;

(X)  Floors, stairways, elevators, and railings maintained in good repair;


(XI)  Locks on all exterior doors and locks or security devices on windows

designed to be opened that are maintained in good working order;

(XII)  Compliance with all applicable building, housing, and health codes, the

violation of which would constitute a condition that materially interferes with the life, health, or safety of the tenant;

(XIII)  Compliance with applicable standards from the American National

Standards Institute, or its successor organization, and all applicable provisions of building, fire, health, and housing codes for the remediation and cleanup of a residential premises following an environmental public health event;

(XIV)  Remediation in compliance with article 18.5 of title 25 if the residential

premises was used as an illegal drug laboratory, as defined in section 25-18.5-101 (8), involving methamphetamine.

(XV)  Compliance with all requirements in section 38-12-803; or


(XVI)  Compliance with all requirements related to cooling devices

established in subsection (7) of this section; or

(c)  It is otherwise unfit for human habitation.


(2)  A deficiency in the common area shall not render a residential premises

uninhabitable as set forth in subsection (1) of this section, unless it materially affects the tenant's use of the tenant's dwelling unit.

(3) (a)  Before a landlord leases a residential premises to a tenant, the

landlord must ensure that the residential premises is fit for human habitation in accordance with section 38-12-503 (1) and that the residential premises is not in a condition described in subsection (1) of this section.

(b)  A landlord that leases a residential premises that is not in compliance

with this section breaches the warranty of habitability pursuant to section 38-12-503 (1), and the tenant may pursue any remedy under section 38-12-507.

(c)  On and after January 1, 2025, every rental agreement between a landlord

and tenant must include a statement in at least twelve-point, bold-faced type that states that every tenant is entitled to safe and healthy housing under Colorado's warranty of habitability and that a landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions in the tenant's residential premises, requesting repairs, or seeking to enjoy the tenant's right to safe and healthy housing.

(d)  On and after January 1, 2025, every rental agreement between a landlord

and tenant must include a statement in English and Spanish and in at least twelve-point, bold-faced type that states an address where a tenant can mail or personally deliver written notice of an uninhabitable condition and an email address or accessible online tenant portal or platform where a tenant can deliver written notice of an uninhabitable condition.

(e)  If a landlord provides a tenant with an online tenant portal or platform,

the landlord must post in a conspicuous place in the online tenant portal or platform a statement in English and Spanish that states an address where a tenant can mail or personally deliver written notice of an uninhabitable condition and an email address or accessible online portal or platform where a tenant can deliver written notice of an uninhabitable condition.

(4)  There is a rebuttable presumption that the following conditions at a

residential premises materially interfere with a tenant's life, health, or safety pursuant to section 38-12-503 (2)(a)(II):

(a)  Lack of waterproofing and weather protection for the roof, exterior walls,

exterior doors, and exterior windows of a dwelling unit so that weather-related elements can enter the dwelling unit;

(b)  Any hazardous condition of gas piping, gas facilities, gas appliances, or

other gas equipment;

(c)  Inadequate running water or inadequate running hot water, except for

temporary disruptions in water service due to necessary maintenance, repair, or construction that is being performed or temporary disruptions in water service that a landlord could not reasonably prevent or control;

(d)  Lack of functioning heating facilities and equipment fixtures that are

installed and operating in compliance with applicable law at the time of installation and that are maintained in good working order from October through April of each year;

(e)  Any hazardous condition of electrical wiring, electrical facilities,

electrical appliances, or other electrical equipment;

(f)  Lack of electricity or disruptions of electricity that are caused by a

landlord's failure to maintain electrical wiring, electrical facilities, electrical appliances, or electrical equipment;

(g)  Lack of working locks or security devices on all exterior doors that allow

entry into a residential premises or a dwelling unit and all exterior windows that are designed to be opened;

(h)  Lack of working plumbing or sewage disposal or any condition that allows

sewage, water, moisture, or other contaminants to enter the residential premises other than through properly working plumbing and sewage disposal systems;

(i)  An infestation of rodents, vermin, pests, or insects;


(j)  Any inaccessible fire exits or egress in accordance with applicable

building, housing, fire, and health codes;

(k)  Any missing, damaged, improper, or misaligned chimney or venting on any

fuel-fired heating, ventilation, or cooling system; or

(l)  An inoperable elevator when the tenant has a disability that prevents the

tenant from being able to use the stairs to access the tenant's dwelling unit or the tenant relies on an elevator to access the tenant's dwelling unit and there are no other operable elevators that provide access to the tenant's unit.

(5)  A landlord may rebut the presumption in subsection (4) of this section by

demonstrating, through clear and convincing evidence, that a condition listed in subsection (4) of this section does not materially interfere with a tenant's life, health, or safety.

(6)  Nothing in this section prevents a court or jury from finding that any

condition or combination of conditions described in this section materially interferes with a tenant's life, health, or safety.

(7) (a)  A landlord shall not prohibit or restrict a tenant from installing or

using a portable cooling device, including under any rental agreement or other agreement between the landlord and the tenant; except that the landlord may prohibit or restrict the installation or use of a portable cooling device if the installation or use of the portable cooling device would:

(I)  Violate any building codes, state law, or federal law;


(II)  Violate the portable cooling device manufacturer's written safety

guidelines for installing or using the device;

(III)  Damage the premises or render the premises uninhabitable; or


(IV)  Require more amperage to power the portable cooling device than can

be accommodated by the residential premises', dwelling unit's, or circuit's electrical capacity.

(b)  A landlord that restricts the installation or use of portable cooling

devices at a residential premises with multiple dwelling units under subsection (7)(a)(IV) of this section shall prioritize a tenant who requests the installation or usage of a portable cooling device to accommodate the tenant's disability over other tenants' requests to install or use a portable cooling device.

(c)  A landlord that restricts the installation or use of a portable cooling

device at a residential premises under subsection (7)(a) of this section shall:

(I)  Disclose any restrictions on the installation or use of portable cooling

devices to a tenant or prospective tenant in writing;

(II)  Provide information about whether the landlord intends to operate one or

more common spaces at the residential premises that will be cooled by a portable cooling device or permanent cooling device and available to the tenant during an extreme heat event; and

(III)  If the landlord does not intend to operate common spaces at the

residential premises that will be cooled by a portable cooling device or permanent cooling device, provide information on community cooling spaces that are located near the residential premises and accessible to the tenant during an extreme heat event; except that a landlord is not required to provide information on community cooling spaces if there are no known community cooling spaces within ten miles of the residential premises.

(d) (I)  As used in this subsection (7), unless the context otherwise requires,

community cooling spaces means public spaces that are available to a tenant and that are located on or near the residential premises and that maintain a temperature that is not higher than eighty degrees Fahrenheit.

(II)  Community cooling spaces may include recreation centers, community

centers, and public libraries.

(e)  Nothing in this subsection (7) modifies a landlord's obligation to permit

reasonable modifications and reasonable accommodations for individuals with a disability under section 24-34-502.2.

Source: L. 2008: Entire part added, p. 1822, � 3, effective September 1. L.

2019: (1) and (3) amended, (HB 19-1170), ch. 229, p. 2308, � 4, effective August 2. L. 2023: (1)(b)(XI), (1)(b)(XII), and (3) amended and (1)(b)(XIII) added, (HB 23-1254), ch. 169, p. 826, � 4, effective May 12; (1)(b)(XI) and (1)(b)(XII) amended and (1)(b)(XIV) added, (SB 23-148), ch. 326, p. 1958, � 4, effective August 7. L. 2024: (1)(a), (1)(b)(IV), (1)(b)(VII) to (1)(b)(X), (1)(b)(XIII), (2), and (3) amended and (1)(b)(XV), (1)(b)(XVI), (1)(c), and (4) to (7) added, (SB 24-094), ch. 158, p. 713, � 5, effective May 3.

Cross references: For the legislative declaration in HB 23-1254, see section 1

of chapter 169, Session Laws of Colorado 2023.

C.R.S. § 39-26-102

39-26-102. Performance statement - definitions - repeal. As used in this article 26, unless the context otherwise requires:

(1)  Agricultural commodity means any agricultural commodity as defined in

section 35-28-104 (1), C.R.S.; except that, for purposes of this article, agricultural commodity shall also include sugar beets, timber and timber products, oats, malting barley, barley, hops, rice, milo, and any other feed grain.

(1.3)  Auction sale means any sale conducted or transacted at a permanent

place of business operated by an auctioneer or a sale conducted and transacted at any location where tangible personal property is sold by an auctioneer when such auctioneer is acting either as agent for the owner of such personal property or is in fact the owner thereof. The auctioneer at any sale defined in subsection (10) of this section, except when acting as an agent for a duly licensed retailer or vendor or when selling only tangible personal property that is exempt under the provisions of section 39-26-716 (4)(a) and (4)(b), is a retailer or vendor as defined in subsection (8) of this section and the sale made by the auctioneer is a retail sale as defined in subsection (9) of this section, and the business conducted by said auctioneer in accomplishing such sale is the transaction of a business as defined by subsection (2) of this section.

(2)  Business includes all activities engaged in or caused to be engaged in

with the object of gain, benefit, or advantage, direct or indirect.

(2.5)  Charitable organization means any entity organized and operated

exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office, or any veterans' organization registered under section 501 (c)(19) of the federal Internal Revenue Code of 1986, as amended.

(2.6)  Coins means monetized bullion or other forms of money

manufactured from gold, silver, platinum, palladium, or other such metals now, in the future, or heretofore designated as a medium of exchange under the laws of this state, the United States, or any foreign nation.

(2.7)  Cooperative direct mail advertising means advertising for one or more

businesses which is in the form of discount coupons, advertising leaflets, or other printed advertising which are delivered by mail in a single package or bundle to potential customers of such businesses participating in such advertising.

(2.8)  Direct mail advertising materials means discount coupons, advertising

leaflets, and other printed advertising, including, but not limited to, accompanying envelopes and labels.

(3)  Doing business in this state means the selling, leasing, or delivering in

this state, or any activity in this state in connection with the selling, leasing, or delivering in this state, of tangible personal property or taxable services by a retail sale as defined in this section, for use, storage, distribution, or consumption within this state. This subsection (3) affects the imposition, application, or collection of sales and use taxes only. Doing business in this state includes, but shall not be limited to, the following acts or methods of transacting business:

(a)  The maintaining within this state, directly or indirectly or by a subsidiary,

of an office, distribution facility, salesroom, warehouse, storage place, or other similar place of business, including the employment of a resident of this state who works from a home office in this state; or

(b)  The soliciting, either by direct representatives, indirect representatives,

manufacturers' agents, or by distribution of catalogues or other advertising, or by use of any communication media, or by use of the newspaper, radio, or television advertising media, or by any other means whatsoever, of business from persons residing in this state and by reason thereof receiving orders from, or selling or leasing tangible personal property to, such persons residing in this state for use, consumption, distribution, and storage for use or consumption in this state.

(c)  Economic nexus. (I)  Except as provided in subsection (3)(c)(II) of this

section, a person is doing business in this state in a calendar year:

(A)  If in the previous calendar year the person has made retail sales of

tangible personal property, commodities, or services in the state as specified in section 39-26-104 (3), exceeding one hundred thousand dollars; or

(B)  On and after the first day of the month after the ninetieth day after the

person has made retail sales of tangible personal property, commodities, or services in the state as specified in section 39-26-104 (3), in the current calendar year that exceed one hundred thousand dollars.

(II)  Beginning October 1, 2019, for purposes of determining whether the

thresholds set forth in subsection (3)(c)(I) of this section are met:

(A)  A marketplace facilitator shall include all sales made by marketplace

sellers in and through its marketplace; and

(B)  A marketplace seller shall not include any sales made in or through a

marketplace facilitator's marketplace.

(III)  This subsection (3)(c) does not apply to any person who is doing business

in this state under subsection (3)(a) of this section but otherwise applies to any other person.

(4)  Farm close-out sale means a sale by auction or private treaty of all

tangible personal property of a farmer or rancher previously used by him in carrying on his farming or ranching operations. Unless said farmer or rancher is making or attempting to make full and final disposition of all property used in his farming or ranching operations and is abandoning the said operations on the premises whereon they were previously conducted, such sale shall not be deemed a farm close-out sale within the meaning of this article.

(4.5) (a)  Food means food for domestic home consumption as defined in 7

U.S.C. sec. 2012 (k), as amended, for purposes of the federal food stamp program, or any successor program, as defined in 7 U.S.C. sec. 2012 (l), as amended; except that food does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin-collecting food and snack devices on behalf of a vendor.

(b)  In determining whether a food product is for domestic home

consumption, unless the vendor is described in section 39-26-104 (1)(e), no inference shall be drawn from the type of vendor selling the product, the location of the product within a store, or the manner in which the product is marketed.

(5)  Gross taxable sales means the total amount received in money, credits,

or property, excluding the fair market value of exchanged property which is to be sold thereafter in the usual course of the retailer's business, or other consideration valued in money from sales and purchases at retail within this state, and embraced within the provisions of this article. The taxpayer may take credit in this report of gross sales for an amount equal to the sale price of property returned by the purchaser when the full sale price thereof is refunded whether in cash or by credit. The fair market value of any exchanged property which is to be sold thereafter in the usual course of the retailer's business, if included in the full price of a new article, shall be excluded from the gross sales. On all sales at retail, valued in money, when such sales are made under conditional sales contract, or under other forms of sale where the payment of the principal sum thereunder is extended over a period longer than sixty days from the date of sale thereof, only such portion of the sale amount thereof may be counted for the purpose of imposition of the tax imposed by this article as has actually been received in cash by the taxpayer during the period for which the tax imposed by this article is due and payable. Taxes paid on gross sales represented by accounts found to be worthless and actually charged off for income tax purposes may be credited upon a subsequent payment of the tax provided in this article, but if any such accounts are thereafter collected by the taxpayer, a tax shall be paid upon the amounts so collected.

(5.5)  Livestock means cattle, horses, mules, burros, sheep, lambs, poultry,

swine, ostrich, llama, alpaca, and goats, regardless of use, and any other animal which is raised primarily for food, fiber, or hide production. Livestock shall also mean alternative livestock as defined under section 35-41.5-102, C.R.S. Livestock shall not mean a pet animal as defined under section 35-80-102 (10), C.R.S.

(5.6)  Livestock production facility means any structure used predominately

for the housing, containing, sheltering, or feeding of livestock, including, without limitation, barns, corrals, feedlots, and swine houses.

(5.7)  Mainframe computer access means the provision of access to

computer equipment for the purpose of storing or processing data. Mainframe computer access does not include the provision of access to computer equipment for the purpose of examining or acquiring data maintained by the vendor. Mainframe computer access does not include the provision of access to computer equipment incident to electronic computer software delivery, as defined in subsection (15)(c)(II)(C) of this section, or incident to the use of computer software hosted by an application service provider, as defined in subsection (15)(c)(II)(A) of this section.

(5.8)  Marketplace means a physical or electronic forum, including, but not

limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, commodities, or services are offered for sale.

(5.9) (a)  Marketplace facilitator means a person who:


(I)  Contracts with a marketplace seller to facilitate for consideration,

regardless of whether the consideration is deducted as fees from the transaction, the sale of the marketplace seller's tangible personal property, commodities, or services through the person's marketplace;

(II)  Engages directly or indirectly, through one or more affiliated persons, in

transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller; and

(III)  Either directly or indirectly, through agreements or arrangements with

third parties, collects the payment from the purchaser and transmits the payment to the marketplace seller.

(b)  A marketplace facilitator does not include a person that exclusively

provides internet advertising services or lists products for sale, and that does not otherwise meet the definition set forth in subsection (5.9)(a) of this section.

(6)  Marketplace seller means a person, regardless of whether the person is

doing business in this state, who has an agreement with a marketplace facilitator and offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator.

(6.1)  Medical marijuana has the same meaning as set forth in section 44-10-103 (34).


(6.2)  Multichannel seller means a retailer that offers for sale tangible

personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means.

(6.3)  Person includes any individual, firm, limited liability company,

partnership, joint venture, corporation, estate, or trust or any group or combination acting as a unit, and the plural as well as the singular number.

(6.4)  Packing and crating means tangible personal property furnished to

prepare tangible personal property purchased at retail for delivery to a location designated by the purchaser.

(6.5)  Photocopying means the sale of a document rendered on paper or

other similar material by a machine that creates an accurate reproduction of the original. Photocopying does not include the provision of a photocopy in connection with services if the purchaser is not charged separately for photocopying.

(6.6)  Precious metal bullion means any precious metal, including, but not

limited to, gold, silver, platinum, and palladium, that has been put through a process of refining and is in such a state or condition that its value depends upon its precious metal content and not its form.

(6.7)  Pre-press preparation printing materials means those tangible

products converted to use for a specific print job that are subsequently saved but can only be reused for that same print client on rerun. Title to such pre-press preparation printing materials must pass to an independent customer with the sale of the printed materials, and they must be reusable for their original purpose or a similar purpose after the press run. Examples of pre-press preparation printing materials include, but are not limited to, photos, color keys, dies, engravings, light sensitive film or paper, masking sheets of any material, plates, rotogravure cylinders, and proofing samples of any material. No disposable materials or materials consumed to a significant degree are pre-press preparation printing materials for the purposes of this article. Examples of disposable or consumable materials include, but are not limited to, tape, alcohol, glues, adhesives, washes, silicon solutions, pens, markers, and cleaners.

(6.8)  Public school means a public school of a school district in this state or

an institute charter school.

(7) (a)  Purchase price means the price to the consumer, exclusive of any

direct tax imposed by the federal government or by this article 26, exclusive of any retail delivery fee and enterprise retail delivery fees imposed or collected as specified in section 43-4-218, and, in the case of all retail sales involving the exchange of property, also exclusive of the fair market value of the property exchanged at the time and place of the exchange, if:

(I)  Such exchanged property is to be sold thereafter in the usual course of

the retailer's business; or

(II)  Such exchanged property is a vehicle and is exchanged for another

vehicle and both vehicles are subject to licensing, registration, or certification under the laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation vehicles, watercraft, and aircraft.

(b)  In the case of the sale or transfer of wireless telecommunication

equipment as an inducement to a consumer to enter into or continue a contract for telecommunication services that are taxable pursuant to this part 1, purchase price means and shall be limited to the monetary amount paid by the consumer and shall not reflect any sales commission or other compensation received by the retailer as a result of the consumer entering into or continuing a contract for such telecommunication services. Nothing in this paragraph (b) shall be construed to define purchase price as it applies to the amount a retailer collects from a consumer who defaults or terminates a contract for telecommunication services.

(c)  With respect to the purchase price of a heavy truck, trailer, or tractor, the

price to the consumer shall also be exclusive of the federal excise tax on the first retail sale of the heavy truck, trailer, or tractor for which the retailer is liable.

(7.5)  Qualified purchaser means a person domiciled in Colorado who has

been issued a direct payment permit number pursuant to section 39-26-103.5.

(7.6) and (7.7)  Repealed.


(8)  Retailer or vendor means a person doing business in this state known

to the trade and public as such, and selling to the user or consumer, and not for resale. The term includes a marketplace facilitator, a marketplace seller, and a multichannel seller doing business in this state.

(9)  Retail sale includes all sales made within the state except wholesale

sales.

(10)  Sale or sale and purchase includes installment and credit sales and

the exchange of property as well as the sale thereof for money; every such transaction, conditional or otherwise, for a consideration, constituting a sale; and the sale or furnishing of electrical energy, gas, steam, telephone, or telegraph services taxable under the terms of this article. Neither term includes:

(a)  A division of partnership or limited liability company assets among the

partners or limited liability company members according to their interests in the partnership or limited liability company;

(b)  The formation of a corporation by the owners of a business and the

transfer of their business assets to the corporation in exchange for all the corporation's outstanding stock, except qualifying shares, in proportion to the assets contributed;

(c)  The transfer of assets of shareholders in the formation or dissolution of

professional corporations;

(d)  The dissolution and the pro rata distribution of the corporation's assets to

its stockholders;

(e)  The transfer of assets from a parent corporation to a subsidiary

corporation or corporations which are owned at least eighty percent by the parent corporation, which transfer is solely in exchange for stock or securities of the subsidiary corporation;

(f)  The transfer of assets from a subsidiary corporation or corporations which

are owned at least eighty percent by the parent corporation to a parent corporation or to another subsidiary which is owned at least eighty percent by the parent corporation, which transfer is solely in exchange for stock or securities of the parent corporation or the subsidiary which received the assets;

(g)  A transfer of a limited liability company or partnership interest;


(h)  The transfer in a reorganization qualifying under section 368 (a)(1) of the

Internal Revenue Code of 1986, as amended;

(i)  The formation of a limited liability company or partnership by the transfer

of assets to the limited liability company or partnership or transfers to a limited liability company or partnership in exchange for proportionate interests in the limited liability company or partnership;

(j)  The repossession of personal property by a chattel mortgage holder or

foreclosure by a lienholder;

(k)  The transfer of assets between parent and closely held subsidiary

corporations, or between subsidiary corporations closely held by the same parent corporation, or between corporations which are owned by the same shareholders in identical percentage of stock ownership amounts, computed on a share-by-share basis, when a tax imposed by this article was paid by the transferor corporation at the time it acquired such assets, except to the extent provided by subsection (12) of this section. For the purposes of this paragraph (k), a closely held subsidiary corporation is one in which the parent corporation owns stock possessing at least eighty percent of the total combined voting power of all classes of stock entitled to vote and owns at least eighty percent of the total number of shares of all other classes of stock.

(11)  Sale or sale and purchase, in addition to the items included in

subsection (10) of this section, includes the transaction of furnishing rooms or accommodations by any person, partnership, limited liability company, association, corporation, estate, receiver, trustee, assignee, lessee, or person acting in a representative capacity or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park, under any concession, permit, right of access, license to use, or other agreement, or otherwise.

(12)  Except as otherwise provided in this subsection (12), the sales tax is

imposed on the full purchase price of articles sold after manufacture or after having been made to order and includes the full purchase price for material used and the service performed in connection therewith, excluding, however, such articles as are otherwise exempted in this article. In connection with the transactions referred to in paragraph (k) of subsection (10) of this section, the sales tax is imposed only on the amount of any increase in the fair market value of such assets resulting from the manufacturing, fabricating, or physical changing of the assets by the transferor corporation. Except as otherwise provided in this subsection (12), the sales price is the gross value of all materials, labor, and service, and the profit thereon, included in the price charged to the user or consumer.

(13)  School means an educational institution having a curriculum

comparable to grade, grammar, junior high, high school, or college, or any combination thereof, requiring daily attendance, having an enrollment of at least forty students, and charging a tuition fee.

(13.5)  (Deleted by amendment, L. 2011, (HB 11-1293), ch. 299, p. 1437, � 4,

effective July 1, 2012.)

(14)  State treasurer or treasurer means the state treasurer of the state of

Colorado.

(15) (a) (I)  Tangible personal property means corporeal personal property.

The term embraces all goods, wares, merchandise, products and commodities, and all tangible or corporeal things and substances that are dealt in and capable of being possessed and exchanged, except as set forth in this subsection (15). The term shall not be construed to include newspapers, as legally defined by section 24-70-102, preprinted newspaper supplements that become attached to or inserted in and distributed with such newspapers, or direct mail advertising materials that are distributed in Colorado by any person engaged solely and exclusively in the business of providing cooperative direct mail advertising; except that, commencing March 1, 2010, for purposes of the state sales or use tax, tangible personal property shall include direct mail advertising materials that are distributed in Colorado by any person engaged solely and exclusively in the business of providing cooperative direct mail advertising.

(II)  No funding received from revenues received as a result of the passage of

House Bill 10-1189, enacted in 2010, shall be used to fund additional full-time equivalent state employees.

(b)  (Deleted by amendment, L. 2011, (HB 11-1293), ch. 299, p. 1437, � 4,

effective July 1, 2012.)

(b.5) (I)  Tangible personal property includes digital goods. The method of

delivery does not impact the taxability of a sale of tangible personal property. Examples of methods used to deliver tangible personal property under current technology include but are not limited to compact disc, electronic download, and internet streaming.

(II)  As used in this subsection (15)(b.5), digital good means any item of

tangible personal property that is delivered or stored by digital means, including but not limited to video, music, or electronic books.

(c) (I)  Tangible personal property, commencing July 1, 2012, shall include

computer software if the computer software meets all of the following criteria:

(A)  The computer software is prepackaged for repeated sale or license;


(B)  The use of the computer software is governed by a tear-open

nonnegotiable license agreement; and

(C)  The computer software is delivered to the customer in a tangible

medium. Computer software is not delivered to the customer in a tangible medium if it is provided through an application service provider, delivered by electronic computer software delivery, or transferred by load and leave computer software delivery.

(II)  As used in this paragraph (c), unless the context otherwise requires:


(A)  Application service provider or ASP means an entity that retains

custody over or hosts computer software for use by third parties. Users of the computer software hosted by an ASP typically will access the computer software via the internet. The ASP may or may not own or license the computer software, but generally will own and maintain hardware and networking equipment required for the user to access the computer software. Where the ASP owns the computer software, the ASP may charge the user a license fee for the computer software or a fee for maintaining the computer software or hardware used by its customer.

(B)  Computer software means a set of coded instructions designed to

cause a computer or automatic data processing equipment to perform a task.

(C)  Electronic computer software delivery means computer software

transferred by remote telecommunications to the purchaser's computer, where the purchaser does not obtain possession of any tangible medium in the transaction.

(D)  Load and leave computer software delivery means delivery of computer

software to the purchaser by use of a tangible medium where the title to or possession of the tangible medium is not transferred to the purchaser, and where the computer software is manually loaded by the vendor, or the vendor's representative, at the purchaser's location.

(E)  Prepackaged for repeated sale or license means computer software

that is prepackaged for repeated sale or license in the same form to multiple users without modification, and is typically sold in a shrink-wrapped box.

(F)  Tangible medium means a tape, disk, compact disc, card, or comparable

physical medium.

(G)  Tear-open nonnegotiable license agreement means a license

agreement contained on or in the package, which by its terms becomes effective upon opening of the package and accepting the licensing agreement. Tear-open nonnegotiable license agreement does not include a written license agreement or contract signed by the licensor and the licensee.

(III)  The internalized instruction code that controls the basic operations, such

as arithmetic and logic, of the computer causing it to execute instructions contained in system programs is an integral part of the computer and is not normally accessible or modifiable by the user. Such internalized instruction code is considered part of the hardware and considered tangible personal property that is taxable pursuant to section 39-26-104 (1)(a). The fact that the vendor does or does not charge separately for such code is immaterial.

(IV)  If a retailer sells computer software to a Colorado purchaser that is

considered tangible personal property taxable pursuant to section 39-26-104 (1)(a) and the Colorado purchaser pays the retailer for a quantity of computer software licenses with the intent to distribute the computer software to any of the purchaser's locations outside of Colorado, the measure of Colorado sales tax due is the total of the license fees associated only with the licenses that are actually used in Colorado. The Colorado purchaser shall provide a written statement to the retailer, attesting to the amount of the license fees associated with Colorado and with points outside of Colorado. The written statement shall relieve the retailer of any liability associated with the proration.

(16)  Tax means either the tax payable by the purchaser of a commodity or

service subject to tax, or the aggregate amount of taxes due from the vendor of such commodities or services during the period for which he is required to report his collections, as the context may require.

(17)  Taxpayer means any person obligated to account to the executive

director of the department of revenue for taxes collected or to be collected under the terms of this article.

(18)  Wholesaler means a person doing a regularly organized wholesale or

jobbing business, and known to the trade as such and selling to retail merchants, jobbers, dealers, or other wholesalers, for the purpose of resale.

(19) (a) (I)  Wholesale sale means a sale by wholesalers to retail merchants,

jobbers, dealers, or other wholesalers for resale and does not include a sale by wholesalers to users or consumers not for resale, and the latter sales shall be deemed retail sales and subject to the provisions of this article 26.

(II)  The purpose of the wholesale sale exemption from the tax levied

pursuant to section 39-26-104 (1)(a) is to ensure that sales tax is levied and collected only on a final end sale to a retail consumer and not on wholesale sales to avoid a single product being taxed multiple times before it is sold to a consumer.

(III)  The effectiveness of the wholesale exemption from the tax levied

pursuant to section 39-26-104 (1)(a) is measured by the number of taxpayers claiming the wholesale exemption from tax and the amount of tax liability not paid.

(b)  Wholesale sale includes sales of all pre-press preparation printing

materials, as defined in subsection (6.7) of this section, that are used by a printer for a specific printing contract where the printed product is sold at retail to a customer accepting delivery within this state.

(c) (I)  Wholesale sale includes sales of agricultural compounds and spray

adjuvants to be consumed by, administered to, or otherwise used in caring for livestock and all sales of semen for agricultural or ranching purposes.

(II)  For purposes of this paragraph (c), agricultural compounds means:


(A)  Insecticides, fungicides, growth-regulating chemicals, enhancing

compounds, vaccines, and hormones;

(B)  Drugs, whether dispensed in accordance with a prescription or not, that

are used for the prevention or treatment of disease or injury in livestock;

(C)  Animal pharmaceuticals that have been approved by the food and drug

administration.

(III)  For purposes of this paragraph (c), spray adjuvants means products

that are used to increase the effectiveness of a pesticide.

(d)  Wholesale sale includes sales of pesticides that are registered by the

commissioner of agriculture for use in the production of agricultural and livestock products pursuant to the Pesticide Act, article 9 of title 35, C.R.S., and offered for sale by dealers licensed to sell such pesticides pursuant to section 35-9-115, C.R.S.

(e)  Wholesale sale includes sales of fertilizer for use in the production of

agricultural commodities. For purposes of this subsection (19)(e), fertilizer means fertilizer as defined in section 35-12-103 (12), but not including specialty fertilizer as defined in section 35-12-103 (30).

(f)  Wholesale sale includes sales of spray adjuvants for use in the

production of agricultural commodities. For purposes of this subsection (19)(f), spray adjuvants means products that are used to increase the effectiveness of a pesticide.

(f.5)  Wholesale sale includes sales of agricultural compounds for use in

the production of agricultural commodities. For purposes of this subsection (19)(f.5), for income tax years commencing on or after January 1, 2026, agricultural compounds means soil conditioners, plant amendments, plant growth regulators, mulches, compost, soil used for aboveground production of agricultural commodities, manure, fish for non-stocking purposes, fish embryos, and fish eggs.

(g) (I) (A)  For purposes of this subsection (19), before July 1, 2025,

agricultural commodities does not include products regulated under article 10 of title 44.

(B)  This subsection (19)(g)(I) is repealed, effective July 1, 2026.


(II)  For purposes of this subsection (19), on or afer July1, 2025, agricultural

commodities includes products regulated under article 10 of title 44.

(20) (a)  Sales to and purchases of tangible personal property by a person

engaged in the business of manufacturing, compounding for sale, profit, or use, any article, substance, or commodity, which tangible personal property enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished, and the container, label, or the furnished shipping case thereof, shall be deemed to be wholesale sales and shall be exempt from taxation under this part 1.

(b)  As used in paragraph (a) of this subsection (20) with regard to food

products, tangible personal property enters into the processing of such products and is therefore exempt from taxation when:

(I)  It is intended that such property become an integral or constituent part of

a food product which is intended to be sold ultimately at retail for human consumption; or

(II)  Such property, whether or not it becomes an integral or constituent part

of a food product, is a chemical, solvent, agent, mold, skin casing, or other material; is used for the purpose of producing or inducing a chemical or physical change in a food product or is used for the purpose of placing a food product in a more marketable condition; and is directly utilized and consumed, dissipated, or destroyed, to the extent it is rendered unfit for further use, in the processing of a food product which is intended to be sold ultimately at retail for human consumption.

(21) (a)  Sales and purchases of electricity, coal, gas, fuel oil, steam, coke, or

nuclear fuel, for use in processing, manufacturing, mining, refining, irrigation, construction, telegraph, telephone, and radio communication, street and railroad transportation services, and all industrial uses, and newsprint and printer's ink for use by publishers of newspapers and commercial printers shall be deemed to be wholesale sales and shall be exempt from taxation under this part 1.

(b)  Repealed.


(22)  Should a dispute arise between the purchaser and seller as to whether

or not any such sale is exempt from taxation, nevertheless the seller shall collect and the purchaser shall pay such tax, and the seller shall thereupon issue to the purchaser a receipt or certificate, on forms prescribed by the executive director of the department of revenue, showing the names of the seller and purchaser, the items purchased, the date, price, amount of tax paid, and a brief statement of the claim of exemption. The purchaser thereafter may apply to the said executive director for a refund of such taxes, and it is the executive director's duty to determine the question of exemption, subject to review by the courts, as provided in section 39-21-105. If any seller fails to collect or purchaser fails to pay the tax levied by this article 26 and on sales on which exemption is disputed, the seller or purchaser commits:

(a)  A petty offense if the amount is less than three hundred dollars;


(b)  A class 2 misdemeanor if the amount is three hundred dollars or more but

less than one thousand dollars;

(c)  A class 1 misdemeanor if the amount is one thousand dollars or more but

less than two thousand dollars;

(d)  A class 6 felony if the amount is more than two thousand dollars but less

than five thousand dollars;

(e)  A class 5 felony if the amount is five thousand dollars or more but less

than twenty thousand dollars;

(f)  A class 4 felony if the amount is twenty thousand dollars or more but less

than one hundred thousand dollars;

(g)  A class 3 felony if the amount is one hundred thousand dollars or more

but less than one million dollars; and

(h)  A class 2 felony if the amount is one million dollars or more.


(23)  Except as provided in section 39-26-713 (1)(a), when right to continuous

possession or use for more than three years of any article of tangible personal property is granted under a lease or contract and such transfer of possession would be taxable if outright sale were made, such lease or contract shall be considered the sale of such article, and the tax shall be computed and paid by the vendor upon the rentals paid.

Source: L. 35: p. 1000, � 2. CSA: C. 144, � 2. L. 37: p. 1075, � 1. L. 41: p. 660, ��

2, 3. L. 43: p. 538, �� 1, 2. L. 45: p. 575, � 1. CRS 53: � 138-6-2. L. 59: p. 800, � 1. C.R.S. 1963: � 138-5-2. L. 64: p. 816, � 1. L. 67: p. 333, � 1. L. 69: p. 221, � 2. L. 71: p. 1262, � 1. L. 73: p. 241, � 23. L. 75: (11) amended, p. 1468, � 14, effective July 18. L. 76: (10) amended, p. 318, � 75, effective May 2. L. 77: (10) amended, p. 1821, � 1, effective June 3; (23) amended, p. 1823, � 1, effective July 15. L. 78: (2.5) added, p. 506, � 1, effective March 8; (10)(k) added and (12) amended, p. 510, �� 1, 2, effective April 18; (7) amended, p. 508, � 1, effective July 1. L. 79: (4.5) added, p. 1427, � 6, effective July 3. L. 82: (20) and (21) amended, p. 568, � 1, effective July 1. L. 85: (15) amended, p. 1280, � 1, effective June 6. L. 87: (4.5) R&RE, p. 1463, � 2, effective October 1. L. 88: (4.5) amended, p. 1328, � 1, effective April 4; (10)(h) amended, p. 1326, � 3, effective April 6. L. 90: (2.6) and (2.7) added and (15) amended, p. 1742, � 1, effective April 3; (2.8) and (6.5) added, p. 1740, � 1, effective April 17; (6), (10)(a), (10)(g), (10)(i), and (11) amended, p. 457, � 40, effective April 18. L. 92: (6.7) added and (19) amended, p. 2256, � 1, effective May 27. L. 95: (21) amended, p. 1214, � 3, effective May 31. L. 96: (7) amended, p. 757, � 2, effective May 22. L. 97: (5.5) added, p. 370, � 1, effective July 1. L. 99: (2.5) amended, p. 1271, � 1, effective June 3; (2.6) and (6.5) RC&RE, p. 1297, � 1, effective June 3; (4.5) amended, p. 1355, � 2, effective January 1, 2000; (7.5) added, p. 10, � 1, effective January 1, 2000. L. 2000: (1) amended and (1.3) and (5.7) added, p. 548, � 2, effective July 1. L. 2004: (1.3) and (23) amended, p. 1044, � 15, effective July 1. L. 2008: (6.8) added, p. 972, � 2, effective September 1; (7)(c) added, p. 810, � 1, effective September 1. L. 2010: (3)(b) and (8) amended, (HB 10-1193), ch. 9, p. 54, � 1, effective February 24; (15) amended, (HB 10-1189), ch. 5, p. 38, � 1, effective February 24; (21) amended, (HB 10-1190), ch. 6, p. 41, � 1, effective February 24; (13.5) added and (15) amended, (HB 10-1192), ch. 8, p. 51, � 3, effective March 1; (5.8) added, (HB 10-1284), ch. 355, p. 1685, � 7, effective July 1. L. 2011: (4.5) amended, (HB 11-1303), ch. 264, p. 1175, � 93, effective August 10; (13.5) and (15) amended, (HB 11-1293), ch. 299, p. 1437, � 4, effective July 1, 2012. L. 2012: (4.5) amended, (SB 12-094), ch. 8, p. 22, � 1, effective July 1; (19) amended, (HB 12-1037), ch. 251, p. 1248, � 2, effective July 1. L. 2013: (5.6), (7.6), and (7.7) added and (5.7), (8), and (9) amended, (HB 13-1295), ch. 314, p. 1645, � 2, effective July 1, 2014. L. 2014: (9) amended, (HB 14-1348), ch. 300, p. 1254, � 1, effective May 31; (3) amended, (HB 14-1269), ch. 364, p. 1740, � 2, effective July 1. L. 2018: IP and (2.5) amended, (HB 18-1218), ch. 380, p. 2295, � 1, effective July 1; IP and (5.8) amended, (HB 18-1023), ch. 55, p. 591, � 25, effective October 1. L. 2019: (19)(e), (19)(f), and (19)(g) added, (HB 19-1329), ch. 267, p. 2513, � 2, effective May 23; (3) amended and (5.7), (7.6), and (7.7) repealed, (HB 19-1240), ch. 264, p. 2489, � 1, effective June 1; (5.8), (6), and (8) amended and (5.9), (6.1), (6.2), and (6.3) added, (HB 19-1240), ch. 264, p. 2489, � 1, effective October 1; (5.8) amended, (SB 19-224), ch. 315, p. 2943, � 33, effective January 1, 2020. L. 2021: IP(7)(a) amended, (SB 21-260), ch. 250, p. 1402, � 14, effective June 17; (5.7) RC&RE, (6.4), (6.6), and (15)(b.5) added, and (6.5) and (15)(a)(I) amended, (HB 21-1312), ch. 299, p. 1795, � 8, effective July 1; (22) amended, (SB 21-271), ch. 462, p. 3295, � 693, effective March 1, 2022. L. 2022: (1.3) amended, (HB 22-1312), ch. 202, p. 1360, � 5, effective August 10. L. 2023: (19)(g) amended, (SB 23-208), ch. 357, p. 2141, � 3, effective August 7. L. 2025: (19)(g) amended, (HB 25-1296), ch. 202, p. 917, � 14, effective May 16; (19)(a) amended and (19)(f.5) added, (SB 25-026), ch. 362, pp. 1965, 1964, �� 9, 3, effective August 6.

Editor's note: (1)  Subsections (2.6), (2.7), and (2.8) were enacted as (2.8),

(2.6), and (2.7) in 1990 but were renumbered on revision in 1991 to put the definitions in alphabetical order.

(2)  Subsections (2.6)(b) and (6.5)(b) provided for the repeal of subsections

(2.6) and (6.5), respectively, effective April 17, 1995. (See L. 90, p. 1740.) Subsections (2.6) and (6.5) have subsequently been reenacted.

(3)  Section 2 of chapter 288, Session Laws of Colorado 1990, provides that

section 1 of the act amending subsection (15) shall be deemed to have remedied a defect in the prior law and shall not be construed to interfere with any vested right or contract. In view of the foregoing, the amendment to subsection (15) shall apply to any legal or administrative proceeding, whether commenced prior to, on, or after April 3, 1990.

(4)  In 2008, the federal food stamp program was renamed the supplemental

nutrition assistance program by Pub.L. 110-234 and Pub.L. 110-246. The term food stamp program has been retained in subsection (4.5) to maintain conformity with existing state law and programs.

(5)  Amendments to subsection (15) by House Bill 10-1189 and House Bill 10-1192 were harmonized.


(6)  Subsection (21)(b)(II) provided for the repeal of subsection (21)(b),

effective July 1, 2012. (See L. 2010, p. 41.)

(7)  Amendments to subsection (5.8) by SB 19-224 were harmonized with HB

19-1240 and relocated to subsection (6.1).

(8)  Section 16(3) of chapter 314, Session Laws of Colorado 2013, provides

that the act amending subsection (9) takes effect only if congress enacts an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes. Subsection (9) as amended in section 2 of chapter 314 was further amended by House Bill 19-1240 to repeal the changes made by said chapter 314, effective June 1, 2019, and therefore reverts the statutory language to what is currently in effect.

Cross references: (1)  For the penalty for a petty offense, see � 18-1.3-503;

for the penalty for a class 1 or class 2 misdemeanor, see � 18-1.3-501; for the penalty for a class 2, class 3, class 4, class 5, or class 6 felony, see � 18-1.3-401.

(2)  For the legislative declaration contained in the 1996 act amending this

section, see section 1 of chapter 160, Session Laws of Colorado 1996.

(3)  For the legislative declaration in the 2013 act adding subsections (5.6),

(7.6), and (7.7) and amending subsections (5.7), (8), and (9), see section 1 of chapter 314, Session Laws of Colorado 2013.

(4)  For the short title (Marketplace Fairness and Small Business Protection

Act) in HB 14-1269, see section 1 of chapter 364, Session Laws of Colorado 2014.

(5)  For the legislative declaration in HB 21-1312, see section 1 of chapter 299,

Session Laws of Colorado 2021. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.

(6)  For the legislative declaration in HB 25-1296, see section 1 of chapter

202, Session Laws of Colorado 2025.

C.R.S. § 42-20-108.5

42-20-108.5. Materials used for agricultural production - exemption - legislative declaration. (1) The general assembly hereby finds, determines, and declares that the federal government has extended federal hazardous materials rules to agricultural producers in 49 CFR 173.5 in a way that would be unduly burdensome to agriculture without contributing significantly to public safety. The general assembly further finds, determines, and declares that the federal rules give explicit authority to the states to exempt themselves from the federal rules, and that this section is intended to exempt Colorado agriculture from such rules. The general assembly further finds, determines, and declares that it is imperatively necessary for the chief to adopt the rules required by this section in time to meet the deadline imposed by the federal rules.

(2)  As used in this section, unless the context otherwise requires:


(a)  Agricultural product means a hazardous material, other than hazardous

waste, whose end use directly supports the production of an agricultural commodity including, but not limited to, a fertilizer, pesticide, soil amendment, or fuel. An agricultural product is limited to a material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as set forth in 49 CFR parts 172 and 173.

(b)  Farmer means a person or such person's agent or contractor engaged

in the production or raising of crops, poultry, or livestock.

(3)  The transportation of an agricultural product other than a class 2

material, as such term is used in 49 CFR parts 172 and 173, over local roads between fields of the same farm, is excepted from the requirements of this part 1 when it is transported by a farmer who is an intrastate private motor carrier and the movement of the agricultural product conforms to rules of the chief, in consultation with the department of agriculture regarding such movement. The chief shall, in consultation with the director of the department of agriculture, promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the intrastate transportation of agricultural products.

(4)  The transportation of an agricultural product to or from a farm, within one

hundred fifty miles of such farm, is excepted from the emergency response information and training requirements in subparts G and H of 49 CFR part 172, and this article when:

(a)  It is transported by a farmer who is an intrastate private motor carrier;


(b)  The total amount of agricultural product being transported on a single

vehicle does not exceed:

(I)  Seven thousand three hundred kilograms or sixteen thousand ninety-four

pounds of ammonium nitrate fertilizer properly classed as division 5.1.PG III in a bulk packaging; or

(II)  One thousand nine hundred liters or five hundred two gallons for liquids

or gasses, or two thousand three hundred kilograms or five thousand seventy pounds for solids of any other agricultural product;

(c)  The packaging conforms to rules adopted by the chief in consultation

with the department of agriculture. Such rules shall be adopted by September 30, 1998. Such products are hereby authorized for transportation.

(d)  Each person having any responsibility for transporting the agricultural

product for shipment pursuant to this subsection (4) is instructed in the applicable requirements of this section.

(5)  The rules and regulations adopted by the chief pursuant to this section

shall be no more stringent than the federal statutes or regulations require.

(6)  Any rules and regulations required to be adopted by the chief pursuant to

this section shall be promulgated no later than September 30, 1998. If the chief finds that such rules cannot be promulgated by that date pursuant to the regular rule-making process set forth in section 24-4-103, C.R.S., the chief shall adopt temporary or emergency rules pursuant to section 24-4-103 (6), C.R.S.

(7)  The chief shall send a copy of the notification of proposed rule-making

for rules adopted pursuant to this section, including temporary or emergency rule-making sent pursuant to section 24-4-103 (3)(b), C.R.S., to the office of legislative legal services.

Source: L. 98: Entire section added, p. 722, � 3, effective May 18.

C.R.S. § 44-10-202

44-10-202. Powers and duties of state licensing authority - stakeholder work group - rules - report - legislative declaration. (1) Powers and duties. The state licensing authority shall:

(a)  Develop and maintain a seed-to-sale tracking system that tracks

regulated marijuana from either the seed or immature plant stage until the regulated marijuana or regulated marijuana product is sold to a patient at a medical marijuana store or to a customer at a retail marijuana store or a retail marijuana hospitality and sales business to ensure that no regulated marijuana grown or processed by a medical marijuana business or retail marijuana business is sold or otherwise transferred except by a medical or retail marijuana store or a retail marijuana hospitality and sales business; except that the medical marijuana or medical marijuana product is no longer subject to the tracking system once the medical marijuana or medical marijuana product has been:

(I)  Repealed.


(II)  Transferred to a pesticide manufacturer in quantities that are limited as

specified in rules promulgated by the state licensing authority, in consultation with the departments of public health and environment and agriculture. The rules must define a pesticide manufacturer that is authorized to conduct research and must authorize a pesticide manufacturer to conduct research to establish safe and effective protocols for the use of pesticides on medical marijuana. Notwithstanding any other provision of law, a pesticide manufacturer authorized pursuant to this subsection (1)(a)(II) to conduct pesticide research regarding marijuana must be located in Colorado, must conduct the research in Colorado, and is exempt from all otherwise applicable restrictions on the possession and use of medical marijuana or medical marijuana products; except that the manufacturer shall:

(A)  Not possess at any time a quantity of medical marijuana or medical

marijuana product in excess of the limit established in rules promulgated by the state licensing authority;

(B)  Use the medical marijuana and medical marijuana product only for the

pesticide research authorized pursuant to this subsection (1)(a)(II);

(C)  Destroy, in compliance with rules promulgated by the state licensing

authority, all medical marijuana and medical marijuana products remaining after the research has been completed; and

(D)  Not apply pesticides for research purposes on the licensed premises of a

medical marijuana business.

(b)  Grant or refuse state licenses for the cultivation, manufacture,

distribution, sale, hospitality, and testing of regulated marijuana and regulated marijuana products as provided by law; suspend, fine, restrict, or revoke such licenses, whether active, expired, or surrendered, upon a violation of this article 10 or any rule promulgated pursuant to this article 10; and impose any penalty authorized by this article 10 or any rule promulgated pursuant to this article 10. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 10 as it may with respect to a license pursuant to this article 10, in accordance with the procedures established pursuant to this article 10.

(c)  Promulgate rules for the proper regulation and control of the cultivation,

manufacture, distribution, sale, and testing of regulated marijuana and regulated marijuana products and for the enforcement of this article 10 and promulgate amended rules and such special rulings and findings as necessary;

(d)  Hear and determine at a public hearing any contested state license denial

and any complaints against a licensee and administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing so held, all in accordance with article 4 of title 24. The state licensing authority may, at its discretion, delegate to the department hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings pursuant to section 24-4-105. When conducting the hearings, the hearing officers are employees of the state licensing authority under the direction and supervision of the executive director and the state licensing authority.

(e)  Develop such forms, licenses, identification cards, and applications as are

necessary or convenient in the discretion of the state licensing authority for the administration of this article 10 or rules promulgated pursuant to this article 10;

(f)  Prepare and transmit annually, in the form and manner prescribed by the

heads of the principal departments pursuant to section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the state licensing authority; and

(g)  Collect and maintain data related to licensing disqualifications and all

sanctions based on past criminal history pursuant to the requirements in section 24-34-104 (6)(b)(IX).

(h)  Repealed.


(2)  Nothing in this article 10 delegates to the state licensing authority the

power to fix prices for regulated marijuana.

(3)  Nothing in this article 10 limits a law enforcement agency's ability to

investigate unlawful activity in relation to a medical marijuana business or retail marijuana business. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a primary caregiver, licensee, or employee of a licensee during an investigation of unlawful activity related to medical marijuana. A law enforcement agency has the authority to run a Colorado crime information center criminal history record check of a licensee or employee of a licensee during an investigation of unlawful activity related to regulated marijuana and regulated marijuana products.

(4)  The executive director of the department of public health and

environment shall provide to the state licensing authority standards for licensing laboratories pursuant to the requirements as outlined in section 44-10-203 (2)(d)(II) for regulated marijuana and regulated marijuana products.

(5) (a)  The state licensing authority has the authority to petition a district

court for an investigative subpoena applicable to a person who is not licensed pursuant to this article 10 to obtain documents or information necessary to enforce the provisions of this article 10 and any rules promulgated pursuant to this article 10 after reasonable efforts have been made to obtain requested documents or information without a subpoena.

(b)  The state licensing authority may apply to any court of competent

jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of a person who is not licensed pursuant to this article 10 and to enforce compliance with this article 10 or any rule or order issued pursuant to this article 10 whenever it appears to the state licensing authority upon sufficient evidence satisfactory to the state licensing authority that any person has been or is committing an act prohibited by this article 10, a rule promulgated pursuant to this article 10, a rule or an order issued pursuant to this article 10, and the act:

(I)  Threatens public health or safety;


(II)  Constitutes an unlawful act for which the person does not hold the

required license under this article 10; or

(III)  Constitutes a violation of an order of the state licensing authority.


(6)  The general assembly finds and declares that matters related to labeling

as regulated pursuant to this section and section 44-10-203 (2)(f), packaging as regulated pursuant to this section and section 44-10-203 (3)(b), and testing as regulated pursuant to this section and section 44-10-203 (2)(d) are matters of statewide concern and the sole regulatory authority for labeling, packaging, and testing is section 44-10-203.

(7) and (8)  Repealed.


Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p.

2840, � 5, effective January 1, 2020; IP(1)(a) and (1)(b) amended, (HB 19-1230), ch. 340, p. 3118, � 13, effective January 1, 2020. L. 2020: (1)(a)(I) repealed, (HB 20-1402), ch. 216, p. 1060, � 74, effective June 30. L. 2021: (8) added, (HB 21-1317), ch. 313, p. 1920, � 10, effective June 24; (1)(b) amended, (HB 21-1178), ch. 130, p. 524, � 2, effective September 7; (1)(f) and (1)(g) amended and (1)(h) added, (HB 21-1301), ch. 304, p. 1825, � 4, effective September 7.

Editor's note: (1)  This section is similar to former �� 44-12-202 IP(2), (2)(a),

(2)(b), and (3)(a)(IV)(G) and 44-11-202 (1)(c), (1)(e), and (1)(f) as they existed prior to 2020.

(2)  Subsection (7)(b) provided for the repeal of subsection (7), effective July

1, 2021. (See L. 2019, p. 2840.)

(3)  Subsection (8)(c) provided for the repeal of subsection (8), effective July

1, 2022. (See L. 2021, p. 1920.)

(4)  Subsection (1)(h)(II) provided for the repeal of subsection (1)(h), effective

September 1, 2022. (See L. 2021, p. 1825.)

C.R.S. § 44-10-203

44-10-203. State licensing authority - rules - repeal. (1) [Editor's note: This version of the introductory portion to subsection (1) is effective until January 5, 2026.] Permissive rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) may include the following subjects:

(1) [Editor's note: This version of the introductory portion to subsection (1) is

effective January 5, 2026.] Permissive rule-making. Rules adopted pursuant to section 44-10-202 (1)(c) may include the following subjects:

(a)  Labeling guidelines concerning the total content of THC per unit of

weight;

(b)  Control of informational and product displays on licensed premises;


(c) [Editor's note: This version of subsection (1)(c) is effective until January 5,

2026.] Records to be kept by licensees and the required availability of the records;

(c) [Editor's note: This version of subsection (1)(c) is effective January 5,

2026.] Records to be kept by licensees and the required availability of the records. The records required to be kept may include the following:

(I)  Child resistance certificates;


(II)  Testing records;


(III)  Certificates of analysis or other records demonstrating the composition

of raw ingredients used in vaporizers or pressured metered dose inhalers;

(IV)  Recall records;


(V)  Adverse health events;


(VI)  Corrective action and preventive action records;


(VII)  Documentation required to demonstrate valid responsible vendor

designation;

(VIII)  Standard operating procedures;


(IX)  Transfer records to account for regulated marijuana transactions;


(X)  Expiration date testing and use-by-date testing;


(XI)  Patient records; and


(XII)  Advertising records.


(d)  Permitted economic interests issued prior to January 1, 2020, including a

process for a criminal history record check, a requirement that a permitted economic interest applicant submit to and pass a criminal history record check, a divestiture, and other agreements that would qualify as permitted economic interests;

(e)  Specifications of duties of officers and employees of the state licensing

authority;

(f)  Instructions for local licensing authorities and law enforcement officers;


(g)  Requirements for inspections, investigations, searches, seizures,

forfeitures, and such additional activities as may become necessary from time to time;

(h)  Prohibition of misrepresentation and unfair practices;


(i)  Marijuana research and development licenses, including application

requirements; renewal requirements, including whether additional research projects may be added or considered; conditions for license revocation; security measures to ensure marijuana is not diverted to purposes other than research or diverted outside of the regulated marijuana market; the amount of plants, useable marijuana, marijuana concentrates, or marijuana products a licensee may have on its premises; licensee reporting requirements; the conditions under which marijuana possessed by medical marijuana licensees may be donated to marijuana research and development licensees or transferred to a nonmetric-based research facility; provisions to prevent contamination; requirements for destruction or transfer of marijuana after the research is concluded; and any additional requirements;

(j)  A definition for disproportionate impacted area to the extent relevant

state of Colorado data exists, is available, and is used for the purpose of determining eligibility for a social equity licensee;

(j.3)  The documentation a natural person applying to be a social equity

licensee must provide and the documentation verification the state licensing authority performs;

(j.5) [Editor's note: This version of subsection (1)(j.5) is effective until January

5, 2026.] The implementation of contingency plans pursuant to sections 44-10-502 (10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse weather event, or adverse natural occurrence and the process, procedures, requirements, and restrictions for contingency plans; and

(j.5) [Editor's note: This version of subsection (1)(j.5) is effective January 5,

2026.] The implementation of contingency plans pursuant to sections 44-10-502 (10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse weather event, or adverse natural occurrence and the process, procedures, requirements, and restrictions for contingency plans;

(k)  Such other matters as are necessary for the fair, impartial, stringent, and

comprehensive administration of this article 10;

(l) [Editor's note: Subsection (1)(l) is effective January 5, 2026.] Development

of individual identification cards for:

(I)  Controlling beneficial owners;


(II)  Passive beneficial owners; or


(III)  Individuals who handle or transport regulated marijuana on behalf of

entities licensed pursuant to this article 10.

(m) [Editor's note: Subsection (1)(m) is effective January 5, 2026.]

Requirements for medical marijuana products manufacturers or retail marijuana products manufacturers to use an approved licensed premises and approved equipment to manufacture and prepare products not infused with regulated marijuana for the purpose of quality control and research and development in the formulation of regulated marijuana products.

(2) [Editor's note: This version of the introductory portion to subsection (2) is

effective until January 5, 2026.] Mandatory rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) must include the following subjects:

(2) [Editor's note: This version of the introductory portion to subsection (2) is

effective January 5, 2026.] Mandatory rule-making. Rules adopted pursuant to section 44-10-202 (1)(c) must include the following subjects:

(a)  Procedures consistent with this article 10 for the issuance, renewal,

suspension, and revocation of licenses to operate medical marijuana businesses and retail marijuana businesses;

(b)  Subject to the limitations contained in section 16 (5)(a)(II) of article XVIII

of the state constitution and consistent with this article 10, a schedule of application, licensing, and renewal fees for medical marijuana businesses and retail marijuana businesses;

(c) [Editor's note: This version of subsection (2)(c) is effective until January 5,

2026.] Qualifications for licensure pursuant to this article 10, including but not limited to the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners, passive beneficial owners, managers, contractors, employees, and other support staff of entities licensed pursuant to this article 10;

(c) [Editor's note: This version of subsection (2)(c) is effective January 5,

2026.] Qualifications for initial licensure pursuant to this article 10, including the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners and passive beneficial owners of entities licensed pursuant to this article 10 and name-based judicial record checks for employees of regulated marijuana businesses;

(d) (I)  Establishment of a marijuana and marijuana products independent

testing and certification program for marijuana business licensees, within an implementation time frame established by the department, requiring licensees to test marijuana and hemp products to ensure, at a minimum, that products sold for human consumption by persons licensed pursuant to this article 10 do not contain contaminants that are injurious to health and to ensure correct labeling.

(II)  Testing may include analysis for microbial and residual solvents and

chemical and biological contaminants deemed to be public health hazards by the Colorado department of public health and environment based on medical reports and published scientific literature.

(III) (A)  If test results indicate the presence of a substance determined to be

injurious to health, the medical marijuana or retail marijuana licensee shall immediately quarantine the products and notify the state licensing authority. The state licensing authority shall give the licensee an opportunity to remediate or decontaminate the product if the test indicated the presence of a microbial. If the licensee is unable to remediate or decontaminate the product, the licensee shall document and properly destroy the adulterated product. If the licensee is able to remediate or decontaminate the product and the product passes retesting, the licensee need not provide an additional label that would otherwise not be required for a product that passed initial testing.

(B)  If retail marijuana or retail marijuana product test results indicate the

presence of quantities of a substance determined to be injurious to health, including pesticides, the state licensing authority shall give the licensee an opportunity to retest the retail marijuana or retail marijuana product.

(C)  If two additional tests of the retail marijuana or retail marijuana product

do not indicate the presence of quantities of any substance determined to be injurious to health, the product may be used or sold by the retail marijuana licensee.

(IV) (A)  Testing must also verify THC potency representations and

homogeneity for correct labeling and provide a cannabinoid profile for the regulated marijuana product.

(B)  An individual retail marijuana piece of ten milligrams or less that has

gone through process validation is exempt from continued homogeneity testing.

(C)  Homogeneity testing for one hundred milligram servings of retail

marijuana may utilize validation measures.

(V)  The state licensing authority shall determine an acceptable variance for

potency representations and procedures to address potency misrepresentations. The state licensing authority shall determine an acceptable variance of at least plus or minus fifteen percent for potency representations and procedures to address potency misrepresentations.

(VI)  The state licensing authority shall determine the protocols and

frequency of regulated marijuana testing by licensees.

(VII)  A state, local, or municipal agency shall not employ or use the results of

any test of regulated marijuana or regulated marijuana products conducted by an analytical laboratory that is not certified pursuant to this subsection (2)(d)(VII) for the particular testing category or that is not accredited to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing. Starting January 1, 2018, a state, local, or municipal agency may use or employ the results of any test of regulated marijuana or regulated marijuana products conducted on or after January 1, 2018, by an analytical laboratory that is certified pursuant to this subsection (2)(d)(VII) for the particular testing category or is accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing.

(VIII)  On or before January 1, 2019, the state licensing authority shall require

a medical marijuana testing facility or retail marijuana testing facility to be accredited by a body that is itself recognized by the International Laboratory Accreditation Cooperation in a category of testing pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or a subsequent superseding standard, in order to receive certification or maintain certification; except that the state licensing authority may by rule establish conditions for providing extensions to a newly licensed medical marijuana testing facility or retail marijuana testing facility for a period not to exceed twelve months or a medical marijuana testing facility or retail marijuana testing facility for good cause as defined by rules promulgated by the state licensing authority, which must include but may not be limited to when an application for accreditation has been submitted and is pending with a recognized accrediting body.

(IX)  The state licensing authority shall promulgate rules that prevent

redundant testing of marijuana and marijuana concentrate, including, but not limited to, potency testing of marijuana allocated to extractions, and residual solvent testing of marijuana concentrate when all inputs of the marijuana concentrate have passed residual solvent testing pursuant to this subsection (2)(d).

(e) [Editor's note: This version of subsection (2)(e) is effective until January

5, 2026.] Security requirements for any premises licensed pursuant to this article 10, including, at a minimum, lighting, physical security, video, and alarm requirements, and other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce this article 10, including biennial reporting requirements for changes, alterations, or modifications to the premises;

(e) [Editor's note: This version of subsection (2)(e) is effective January 5,

2026.] Security requirements for any premises licensed pursuant to this article 10. The security requirements must include, at a minimum, lighting, physical security, video, and alarm requirements; other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce this article 10; procedures for requiring written requests and providing licensees at least seventy-two hours to respond to requests to obtain copies of surveillance recordings created and maintained by the licensee; and biennial reporting requirements for changes, alterations, or modifications to the premises. Surveillance requirements for video recording areas of the licensed premises must include the following requirements:

(I)  Each point of ingress and egress to the exterior of the licensed premises

must be surveilled;

(II)  Points of sale with coverage of the customer or patient and occupational

licensee completing the sale must be surveilled;

(III)  Areas of the licensed premises where shipping and receiving of

regulated marijuana occurs, test batches are collected, and regulated marijuana waste is destroyed must be surveilled; and

(IV)  Delivery vehicle surveillance;


(f)  Labeling requirements for regulated marijuana and regulated marijuana

products sold by a medical marijuana business or retail marijuana business that are at least as stringent as those imposed by section 25-4-1614 (3)(a) and include but are not limited to:

(I)  Warning labels;


(II)  Amount of THC per serving and the number of servings per package for