Colorado Department of Agriculture
Plant Industry Division
Administration and Enforcement of the Pesticide Act
8 CCR 1203-1
Part 10.	Distribution.
10.1.	No person or business shall distribute any of the following:
(a)	Any pesticide or pesticide product which does not conform to its purported standard of quality.
(b)	Any pesticide or pesticide product except in the manufacturer's or registrant's original unbroken package, except for bulk, and there is affixed to such container a registered label.
(c)	Any pesticide or pesticide product which is not labeled, or on which the label is illegible in any respect.
(d)	Any pesticide or pesticide product on which the caps, lids, or other sealing devices on the container are not tight or secure. Defective, unsound or broken containers shall not be placed on display, sold, offered for sale or transported.
(e)	Bags containing granular ready-to-use pesticides (including ready-to-use combinations of pesticide and fertilizer ingredients) shall not be considered broken if they are repaired in accordance with the following criteria.
i.	Any repairs to a broken bag must be sufficient to return the bag to its original condition of soundness such that no leakage can occur when the bag is subjected to normal handling.
ii.	No repair may be made to a broken bag if the damage measures more than 3 inches in any dimension.
iii.	All words, numbers, and warning symbols on the product bag must be legible and not obscured by the repair in any way.
(f)	Any pesticide or pesticide product which is misbranded or adulterated.
(g)	Any pesticide or pesticide product which has not been registered in accordance with the provisions of the Act.
10.2.	Failure of any person or business to cease distributing any pesticide or pesticide product or device on which a written or printed cease and desist order has been issued in accordance with the Act shall be sufficient reason for the department to enjoin said distribution.
10.3.	Any pesticide that spills from a broken container in any area where a product is stored or displayed for sale must be cleaned up immediately and disposed of according to all applicable laws and regulations.
Part 13.	Restricted use pesticides.
13.1.	Pesticides containing the following active ingredients when used as herbicides are hereby declared to be state restricted use pesticides that may be distributed only to licensed dealers, licensed applicators, or their authorized agents. State restricted use pesticides shall not be distributed to any applicator who is not licensed in the appropriate category to apply that pesticide.
(a)	Bromacil
(b)	Diuron
(c)	Monuron
(d)	Prometon
(e)	Sodium chlorate
(f)	Tebuthiuron
(g)	Sodium metaborate
13.2.	Federal restricted use pesticides may be distributed only to licensed dealers, licensed applicators, or their authorized agents. Federal restricted use pesticides shall not be distributed to any applicator who is not licensed in the appropriate category to apply that pesticide.
13.3.	Every pesticide dealer shall maintain at each licensed dealership location records of all transactions in which a state or federal restricted use pesticide is distributed by that dealership to any person. Records of each such transaction must be maintained for a period of 24 months after the date of the transaction, and must include the following information:
(a)	The name of the licensed applicator, to whom the pesticide was distributed, and the name and address of his or her principle place of business.
(b)	Either:
(1)	The certification number on the document evidencing that person's certification, the State (or other governmental unit) that issued the document, the expiration date of the certification, and the appropriate categories in which the applicator is certified; or
(2)	The pesticide dealer license number, if sold to another dealer.
(c)	The product name, EPA registration number, and the Colorado special local need registration number, granted under section 24(c) of the FIFRA (if any) on the label of the pesticide;
(d)	The quantity of the pesticide distributed in the transaction; and
(e)	The date of the transaction.
(f)	Restricted use pesticides may be distributed to a licensed applicator via an unlicensed person authorized by the licensed applicator to act as his or her agent for that purpose. If distribution is made through such an agent, the dealer records must also include:
(1)	The name and current address of the authorized agent through which such distribution was made;
(2)	A record of the applicator’s license showing the categories of licensure.
(3)	A signed statement from the licensed applicator authorizing the agent to receive delivery of restricted use pesticides on behalf of that applicator.
Part 20.	Statements of Basis, Specific Statutory Authority, and Purpose
20.10	Adopted August 12, 2008 – Effective September 30, 2008.
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 Act (the "Act"), §§ 35-9-118(2)(c),(f), and (h), C.R.S. 
PURPOSE
The purpose of these proposed rules is to: 
1.	Amend Rule 10.1 to specify conditions to allow distribution of repaired bags containing certain pesticides. 
2.	Create a new Rule 10.3 to require distributors to properly clean up and dispose of pesticides when pesticide spills occurred. 
3.	Amend Rule 13.1 and create a new Rule 13.2 to restrict distribution of State and Federal Restricted Use Pesticides to licensed dealers, licensed applicators, and their authorized agents and only for uses allowed by the applicator’s license category.  
4.	Amend current Rule 13.3 to require pesticide dealers to maintain records of any distribution of a State or Federal Restricted Use Pesticide to an authorized agent of a licensed applicator.
FACTUAL AND POLICY ISSUES
The factual and policy issues encountered when developing these rules include: 
1)	Rules 10.1(b) and (d) currently do not allow any distribution of a pesticide except in its original unbroken container. The CDA believes that if bags containing granular ready to use pesticides or ready-to-use combinations of pesticide and fertilizer ingredients can be repaired to their original condition and the product’s label does not become misbranded in the process, sale of such products should be allowed to facilitate application to a labeled site and minimize disposal of these pesticides in Colorado landfills. CDA proposes to amend Rule 10.1 to create guidelines to allow this practice.  
2)	CDA is proposing to create a new Rule Part 10.3 to require distributors to clean up and dispose of any pesticide product that spills from a broken container to prevent any pesticide exposure to customers or employees.  
 3)	Currently, Rule 13.1 requires that State Restricted Use Pesticides only be distributed and used by licensed applicators or persons under their direct supervision and only for uses covered by the applicator’s licensure category(s). Part 13 of the Rules only addresses distribution and use of State Restricted Use Pesticides, but it does not currently address distribution and use of federal restricted use pesticides.
The CDA is proposing to amend Rule 13.1 and create a new Rule 13.2 to clarify that both state and federal restricted use pesticides may only be distributed to licensed dealers, licensed applicators or their authorized agents who are licensed in the appropriate category to use that product.    
4)	Prior to January 1, 2007, EPA was performing restricted use pesticide dealer record inspections and, under 40 C.F.R. §171.11(g)(2)(ii), required dealers to maintain a record of any distribution of an RUP to an uncertified agent of a certified applicator documenting that the RUP would be used by a certified applicator or persons under their supervision.  
CDA is proposing to amend current Rule 13.3 to require pesticide dealers to maintain records of any distribution of an RUP to a licensed applicator through an authorized agent.