Colorado Department of Agriculture
Plant Industry Division
Rules and Regulations Pertaining to the Administration and Enforcement of the Pesticide Applicators’ Act
8 CCR 1203-2
Part 15.	Enforcement.
15.01	The phrase “substantial danger or harm to public health and safety, to property, or to the environment” as used in § 35-10-121(2.5), C.R.S. means the existence of a condition which could reasonably be expected to cause, or the actual occurrence of:
(i)	physical illness, injury, or death to one or more individuals;
(ii)	damage to property, either real or personal; or
(iii)	any adverse impact on land, air or water resources that is appreciable and not immediately reparable.
15.02	Any person who uses any pesticide classified for restricted use must be licensed as a qualified supervisor, certified operator, or private applicator in accordance with the Act and these rules, except: 
(i)	any technician not licensed as a certified operator who is working applying restricted use pesticides under the on-site supervision of a qualified supervisor or mixing and loading restricted use pesticides under the supervision of a qualified supervisor, and; 
(ii)	any person working under the supervision of a licensed private applicator for the purposes of raising an agriculture commodity. 
15.03	Any person who supervises the use of any pesticide classified for restricted use must be licensed as a qualified supervisor or private applicator in accordance with the Act and these rules.
Part 16.	Statements of Basis, Specific Statutory Authority & Purpose
16.11.	December 9, 2008 – Effective January 30, 2009
Statutory Authority
These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Pesticide Applicators' Act (the "Act"), §§ 35-10-118(2)(b), C.R.S. 
Purpose
The purpose of these proposed rules is to: 
Amend Rule 15.02 to clarify that any applicator technician may use a restricted use pesticide under the on-site supervision of a qualified supervisor and mix and load a restricted use pesticide under the supervision of a qualified supervisor. 
Factual and Policy Issues
The factual and policy issues encountered when developing these rules include: 
The Office of Legislative Legal Services review of the Department's recently adopted new Rule 15.02(i), which went into effect on October 1, 2008, determined that the Rule was more restrictive with respect to the supervisory requirements for the mixing and loading of a restricted use pesticide by a technician than the Act itself.  The new proposed Rule 15.02(i) eliminates this conflict by distinguishing the mixing and loading of a restricted use pesticide from its actual application.