Colorado § 35-9-108 - Registration - review and evaluation - criteria - state limited-use or restricted-use pesticide - cancellation - summary suspension.

§ 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.