Code of Colorado Regulations — Department of Agriculture

1201 Animal Health Division

8 CCR 1201-1 HEALTH REQUIREMENTS GOVERNING LIVESTOCK AND POULTRY [Repealed eff. 07/30/2016] {#sec-8-ccr-1201-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-1}

DEPARTMENT OF AGRICULTURE

Animal Industry Division HEALTH REQUIREMENTS GOVERNING LIVESTOCK AND POULTRY - Repealed eff. 07/30/2016 8 CCR 1201-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose Adopted June 8, 2016 – Effective July 30, 2016 Statutory Authority The deletion of this Rule is proposed by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under 35-50-105(3)(a) through (q), C.R.S.

Purpose The purpose of this permanent rule amendment is to repeal the Rules currently published at 8 CCR 1201- 1 in their entirety.

In 2005, the General Assembly adopted the Livestock Health Act (§ 35-50-101, et seq., C.R.S.) and gave to the Commissioner rule-making authority with regard to livestock disease control. To implement the rulemaking authority in 2005, the Commissioner repealed parts of this Rule, 8 CCR 1201-1, and adopted new Rules that are now codified at 8 CCR 1201-19, “Livestock Disease Control.”

This current repeal removes the remainder of the duplicative or non-necessary Rules in 1201-1 while moving the few, limited portions of the Rule that were still relevant into 1201-19. The portions moved to and updated in 1201-19 include the following: the definition of “zoological park”; exceptions to Certificates of Veterinary Inspection; Certificates of Veterinary Inspection for non-livestock, zoological park animals, and wildlife; bovine dairy herd tuberculosis-free accreditation; garbage cooking for swine; and swine vesicular exanthema. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 07/30/2016.

8 CCR 1201-8 MOVEMENT OF BREEDING RAMS WITHIN COLORADO [Repealed eff. 11/30/2005] {#sec-8-ccr-1201-8 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-8}

DEPARTMENT OF AGRICULTURE

Animal Industry Division MOVEMENT OF BREEDING RAMS WITHIN COLORADO - Repealed eff. 11/30/2005 8 CCR 1201-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 11/30/2005.

8 CCR 1201-9 INEDIBLE MEAT RENDERING AND PROCESSING [Repealed eff. 12/30/2013] {#sec-8-ccr-1201-9 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-9}

DEPARTMENT OF AGRICULTURE

Animal Industry Division INEDIBLE MEAT RENDERING AND PROCESSING - Repealed eff. 12/30/2013 8 CCR 1201-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 12/30/2013.

8 CCR 1201-10 BREEDING BULLS [Repealed eff. 05/02/2004] {#sec-8-ccr-1201-10 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-10}

DEPARTMENT OF AGRICULTURE

Animal Industry Division BREEDING BULLS - Repealed eff. 05/02/2004 8 CCR 1201-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Rules 1.01 through 1.04(3) repealed 03/03/04, EFFECTIVE 05/02/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1201-11 RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PET ANIMAL CARE AND FACILITIES ACT [Recodified as 8 CCR 1202-15 eff. 07/30/2016] {#sec-8-ccr-1201-11 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-11}

DEPARTMENT OF AGRICULTURE

Animal Industry Division RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PET ANIMAL CARE AND FACILITIES ACT - Recodified as 8 CCR 1202-15 8 CCR 1201-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis, Specific Statutory Authority and Purpose Adopted June 8, 2016 – Effective July 30, 2016 Statutory Authority These rules are being repealed by the Commissioner of Agriculture pursuant to his authorities at § 35-80- 109, C.R.S.

Purpose The purpose of this rulemaking is to repeal the existing Rules Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act currently codified at 8 CCR 1201- 11. The Rules will be re-enacted and amended at 8 CCR 1202-15.

Factual and Policy Basis Currently the rules are codified at 8 CCR 1201-11 with the other rules promulgated under the statutory programs administered and enforced by the Animal Health Division of the Colorado Department of Agriculture. The Pet Animal Care and Facilities Act Program was moved from the Animal Health Division to the Inspection and Consumer Services Division in 2014.

Along with the repeal of the existing rules, the Department is readopting the rules in a separate rulemaking proceeding, making some changes and recodifying them at 8 CCR 1202-15 with the Inspection and Consumer Services Divisions other rules. This will make it easier for the public to locate and access them online. _________________________________________________________________________ Editor’s Notes

History Sections 4, 25 eff. 12/30/2007.

Sections 10, 25 eff. 06/30/2008.

Entire rule eff. 07/30/2008.

Sections 12, 15, 17, 18, 25 eff. 05/30/2009.

Sections 3, 4, 10-19, 25M eff. 12/30/2009.

Sections 12, 18, 25N eff. 11/30/2010.

Entire rule eff. 07/30/2014.

Entire rule repealed and recodified as 8 CCR 1202-15 eff. 07/30/2016.

8 CCR 1201-12 Rules Pertaining to the Control of Depredating Animals {#sec-8-ccr-1201-12 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-12}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE CONTROL OF DEPREDATING ANIMALS

8 CCR 1201-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. DEFINITIONS 1.1. “Agricultural product” means any plants or animals produced in farming or ranching, including, but not limited to, horticultural, floricultural, viticultural, aquacultural, forestry and vegetable products, dairy, livestock, bees and honey. 1.2. “Agricultural resource” means any natural resource relevant to agriculture, including, but not limited to, land, water and the conveyances of water, soil, and growing plants. 1.3. “Animal” means coyotes, foxes, bobcats, bears, mountain lions, wolves, beavers, muskrats, raccoons, opossums, and striped skunks, as set forth at § 35-40-100.2(1), C.R.S. 1.4. “At risk” means any animal, as defined in § 35-40-100.2(1), C.R.S., that has been designated by the Parks and Wildlife Commission as endangered, threatened, or at risk, pursuant to § 35-40- 100.2(1.5) (a), (b), and (c), C.R.S. 1.5. “Body grip device” means a mechanical device designed to kill an animal quickly upon capture. 1.6. “Cable device trap, aka, snare” means any powered or non-powered device made of stranded steel cable set in a manner that a loop of cable encircles the animal’s body or limb to achieve capture. 1.7. “Carcass” means the meat and internal organs of game wildlife and domestic animals and does not include bones, hides, or other nonedible parts. 1.8. “Commissioner” means the Colorado Commissioner of Agriculture or an employee of the Department as designated by the Commissioner. 1.9. “Coursing dog” means a dog that pursues primarily by sight. 1.10. “CPW” means the Colorado Division of Parks and Wildlife. 1.11. “Decoy dog” means a dog used to distract or lure depredating animals. 1.12. “Department” means the Colorado Department of Agriculture. 1.13. “Drag” means an object attached to a trap to retard the movement of a trap and to detain an animal. 1.14. “Employee” means a person hired or retained by, or under a written or oral contract or cooperative agreement with, a property owner, operator, or lessee to perform services of any kind. An employee may include, among others, the Wildlife Services, the Department, or any other government agency. 1.15. “Enclosed foothold trap” means any mechanical device designed to encapsulate and hold an animal’s foot. These foot-encapsulating devices are highly species-selective by design. 1.16. “Feral swine” means any species or hybrid of species from the family Suidae (European boar, Eurasian boar, Russian boar, feral hog) or the family Tayassuidae (Javelina and peccary), which possesses one or more morphological characteristic distinguishing it from domestic swine including, but not limited to, an elongated snout, visible tusks, muscular shoulders with small hams and short loins, coarse hair, or a predominant ridge of hair along its back. For the purposes of these Rules, any swine running at large that possesses one or more of the above characteristics, may be presumed to be a feral hog, unless a person has received actual notice that the swine has escaped containment and its return is actively sought. 1.17. “Foothold trap, aka, leghold trap” means any mechanical device with jaws designed to catch an animal by the foot. 1.18. “Group of animals” means more than a singular animal but not more than a local depredating population of that species. This definition shall not be construed to include an entire species across a county, region or the state. 1.19. “Guard dog” means a dog utilized to protect livestock. 1.20. “Historically occurred” means damage that has occurred within the past five years by the same species of depredating animal to the same agricultural product or agricultural resource in a given geographic area. 1.21. “Identified designee” means a person as specified in Part 2, who is authorized by the property owner, operator, or lessee to control depredating animals. 1.22. “Lethal cable device trap” means a cable device trap designed to kill an animal upon capture. 1.23. “Livestock” means cattle, sheep, goats, swine, mules, poultry, horses, alternative livestock as defined in § 35-41.5-102(1), C.R.S., and such domesticated animals as fox, mink, marten, chinchilla, beaver, and rabbits, and all other animals raised or kept for profit. 1.24. “Live trap (cage or box)” means a mechanical device designed in such a manner that the animal enters the trap through an opening that prevents the animal from exiting. 1.25. “Mechanical or spring-powered cable device trap” means a mechanically or spring-powered device that assists in tightening the loop of the cable around the body, foot, or leg of an animal. 1.26. “Necessary to prevent” means when, due to the proximity and known conduct or behavior of the depredating species, taking of the depredating animal is necessary to prevent damage to agricultural products that is likely to occur as a result of the depredating animal. 1.27. “Nonlethal cable device trap” means a cable device trap with a stopping device designed to prevent strangulation of the species for which the cable device trap is set, or a mechanical or spring-powered cable device trap designed to catch the animal by the body, foot, or leg. 1.28. “Non-target” means an animal of a species not intended to be taken. 1.29. “Pan tension” means the amount of pressure required to activate a trap, as measured at the center of the pan. 1.30. “Predacide” means a state and federally registered pesticide designed to kill predators, but does not include repellents. 1.31. “Stake” means a device that anchors a trap in place. 1.32. “Trailing dog” means a dog that pursues primarily by smell. 1.33. “Traps specifically designed not to kill” means padded, laminated, or off-set steel jawed foothold traps, enclosed foothold, box traps, cage traps, and nonlethal cable device traps as conditioned elsewhere in these regulations. 1.34. “Wildlife Services” means the U. S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.

Part 2.00 IDENTIFIED DESIGNEES 2.1. Qualifications and restrictions 2.1.1. An identified designee shall be an individual who meets the following requirements: 2.1.1.1. Such person shall possess a valid small game or furbearer license issued by the CPW; and 2.1.1.2. Any such person must have received written authorization from the property owner, operator or lessee to control depredating animals. Any such authorization shall: contain the designee's name; contain the name of the property owner, operator or lessee; identify the target depredating animal(s); and specify the time period and geographic area in which the identified designee is authorized to take control measures; and 2.1.1.3. An identified designee shall not pay, nor shall the property owner, operator, or lessee accept payment from an identified designee, for the right to act as an identified designee. Nothing herein prohibits the property owner, operator, or lessee from paying an identified designee for services. 2.1.2. Wildlife Services, the Department, or any other government agency shall not be an identified designee.

Part 3.00 CONTROL OF DEPREDATING ANIMALS EXCEPT BLACK BEARS AND MOUNTAIN LIONS 3.1. An owner or lessee of a parcel of private property, or the employees of such owner or lessee, or an identified designee may use body grip device traps, cable device traps, enclosed foothold device traps and foothold traps on the parcel of private property so long as the following conditions are met as provided by § 33-6-207 (1), C.R.S.: 3.1.1. The property is primarily used for commercial livestock or crop production; and 3.1.2. The use of the methods otherwise prohibited by § 33-6-203, C.R.S., occurs only on the property; and 3.1.3. Such use does not exceed one thirty-day period per year for each parcel of private property; and 3.1.4. The owner or lessee can present on-site evidence to CPW that ongoing damage to livestock or crops has not been alleviated by the use of methods other than those prohibited by § 33-6-203, C.R.S. 3.2. Foothold Traps 3.2.1. All foothold traps set on land must be equipped with: 3.2.1.1. Padded, laminated or offset jaws; and 3.2.1.2. Anchor chains attached to the center of the base plate of the trap; such chain shall have a double swivel mechanism to prevent tangling of the chain; and 3.2.1.3. A spring device which serves as a shock absorber; and 3.2.1.4. When anchored by a stake, a chain of 30 inches or less must be utilized; or 3.2.1.5. When anchored by a drag, a chain of six feet or more must be utilized. 3.2.2. All enclosed foothold traps set on land must be equipped with: 3.2.2.1. A center mounted anchor; and 3.2.2.2. The chain or cable shall have a double swivel mechanism to prevent entanglement; and 3.2.2.3. When anchored by a stake, a chain or cable of 15 inches or less must be utilized, or 3.2.2.4. When anchored by a drag, a chain or cable of six feet or more must be utilized. 3.2.3. All foothold traps with an inside jaw spread of 5 ½ inches or greater and set on land must be equipped with a pan-tension device set to a minimum release pressure of 3 ½ pounds as tested at the center of the pan. 3.2.4. All pads on padded jaw traps must be maintained in good condition so as to effectively minimize injury to the trapped animal. 3.2.5. Foothold traps, enclosed foothold traps, body grip devices, or cable device traps, may not be used within 30 feet of either side of a public trail easement across private lands. 3.3. Nonlethal Cable Device Traps 3.3.1. Nonlethal cable device traps set on land must be equipped with an in line swivel placed at least one (1) foot from the stake and with a stop designed to restrain furbearers, without suffocation, by preventing the cable device trap from closing to a circumference of not less than 10.5 inches; except stops may be set at a circumference of not less than 8.0 inches in areas and at times when red fox are causing damage to livestock. All cable device traps must break away at a maximum of 350 pounds of pull. 3.4. Lethal Cable Device Traps 3.4.1. All lethal cable device traps must break away at a maximum of 350 pounds of pull. 3.5. Body Grip Devices 3.5.1. Body grip devices with a maximum jaw spread of 8.5 X 8.5 inches or greater may not be used, except in a water set. 3.5.2. Body grip devices with a maximum jaw spread between 7.0 X 7.0 and 8.5 X 8.5 inches may not be used, except in water sets, when set at least 5 feet above the ground, or when set in devices designed to exclude dogs. 3.5.3. Body grip devices used to take muskrat on land must be a double-spring design and have a maximum jaw spread no greater than 4.5 X 4.5 inches. A single-spring design with a maximum jaw spread no greater than 4.5 X 4.5 inches is permitted for muskrat in submersion sets. 3.6. Checking frequencies 3.6.1. All foothold traps, live traps (limited to cage or box traps) and non-lethal cable device traps must be visually checked on site at least three times per week; twice, two days apart and once, three days apart in any seven-day period (any combination of 2-2-3). 3.6.2. All lethal cable device traps, body grip devices, and drowning sets must be visually checked on site at least once every seven days. 3.6.3. Upon checking any animals found in traps specifically designed not to kill shall either be released or humanely killed and removed, as set forth in Parts 4, 5, and 6 below. 3.7. Control method restrictions in kit fox and river otter areas 3.7.1. To avoid the taking of river otter, trapping in the areas set forth in 3.7.1.1 through 3.7.1.4 is prohibited except with: a) padded, laminated, or off-set jaw traps; b) body grip devices with a maximum jaw spread less than 7 X 7 inches in size; or c) land or water set cable device traps with a closure size of 16 inch circumference or larger. Provided further that padded, laminated, or off-set jaw traps and cable device traps may not be used in drowning sets. 3.7.1.1. That portion of the Gunnison River and five miles upstream along each of its tributaries in Montrose and Delta Counties from the Black Canyon of the Gunnison National Park downstream to that point where the river meets Highway 92; and all lands within 100 yards of the high water line of this portion of the Gunnison River and all tributaries thereof. 3.7.1.2. That portion of the Piedra River upstream from Navajo Reservoir to the headwaters including East Fork and Middle Fork of the Piedra River in Hinsdale and Archuleta Counties and nine miles upstream on the First Fork. This restriction includes the following tributaries: Sand Creek, Weminuche Creek, Little Sand Creek, Williams Creek and all lands within 100 yards of the high water line of the above waters. 3.7.1.3. The Dolores River from the McPhee Reservoir downstream to Bed Rock within 100 yards of the high water line. 3.7.1.4. The San Juan River from Pagosa Springs downstream to the New Mexico- Colorado state line within 100 yards of the high water line. 3.7.2. To avoid the taking of kit fox, all foothold traps used within the area designated in this paragraph must be set with a pan tension device that requires a minimum of 3 ½ pounds of force to activate the trap. Except for water or tree sets, body grip devices are prohibited within the following areas: 3.7.2.1. That portion of Delta, Mesa and Montrose Counties bounded on the north by the Mesa-Garfield County line from the Utah state line east to U.S. Interstate 70; bounded on the east by U.S. Interstate 70 from the Mesa-Garfield County line to Colorado State Highway 65; 3.7.2.2. From Colorado State Highway 65 to its junction with the northern boundary of the Grand Mesa Forest and following the boundary line west, south and then east to its junction with Colorado State Highway 65; 3.7.2.3. From Colorado State Highway 65 to its junction with the Gunnison River; from the Gunnison River to Colorado State Highway 347; from Colorado State Highway 347 to its junction with U.S. Highway 50; and bounded on the south by U.S. 3.7.2.4. Highway 50 from its junction with Colorado State Highway 347 to the Gunnison River; from the Gunnison River to its junction with the Colorado River; from the Colorado River to the Utah state line; and bounded on the west by the Utah state line. 3.8. Use of Carcass 3.8.1. Foot hold or lethal traps, lethal or non-lethal cable devices traps, body grip devices, and M-44 devices (a specific predacide device) may not be set within 30 feet of an exposed carcass that is plainly visible from above, except as provided in Part 7.2.2. 3.9. Registered Predacides 3.9.1. Predacides may be used on private property by certified APHIS Wildlife Services employees or other certified persons authorized pursuant to the Pesticide Applicators’ Act, §35-10-101, C.R.S. and in accordance with the product label directions so long as all of the following conditions are met: 3.9.1.1. The property is primarily used for commercial livestock or crop production; and 3.9.1.2. The use of the methods otherwise prohibited by § 33-6-203, C.R.S., occurs only on the owner or lessee’s property; and 3.9.1.3. Such use does not exceed one thirty-day period per year for each parcel of private property; and 3.9.1.4. The owner or lessee can present on-site evidence to CPW that ongoing damage to livestock or crops has not been alleviated by the use of methods other than those prohibited by § 33-6-203, C.R.S. 3.10. Dogs 3.10.1. Guard dogs, decoy dogs, coursing dogs, and trailing dogs are allowed. Incidental take by these dogs is not unlawful. 3.11. Aircraft 3.11.1. Prior to using aircraft, the person who desires to use the aircraft must make a request in writing to the Commissioner. The Commissioner will approve or disapprove the request.

In making this decision, the Commissioner shall consider such factors as, but not limited to, the person's training and expertise in taking depredating animals by aircraft, as well as the geographical location where use is to occur. Any such request shall include proof of landowner permission to fly over and discharge firearms on all property in the defined geographical area. 3.11.2. Aircraft may only be utilized for taking depredating coyotes, red fox, and feral swine in areas where depredation by these species has historically occurred or is occurring. 3.11.3. The authorization to use aircraft will expire within a specified period of time, as set by the Commissioner. Renewals are at the discretion of the Commissioner. 3.11.4. The take of any depredating coyote, red fox, or feral swine by aircraft shall be reported to the Commissioner within 15 days after the authorization to use aircraft expires and shall include all information requested by the Commissioner. 3.12. Artificial light 3.12.1. An owner or lessee of a parcel of private property, or the employees of such owner or lessee, or identified designee may use artificial light on private land where depredation has occurred or is occurring. 3.12.2. An owner of livestock, or the employees of such owner or lessee, or identified designee may also use artificial light on public lands when taking depredating animals where depredation has occurred or is occurring, except: 3.12.2.1. During the 24-hour period prior to and during any regular deer, elk, or pronghorn rifle season and during the 24-hour period prior to and during the opening weekend of any grouse, pheasant, quail, turkey, or waterfowl season, unless prior authorization is obtained from the Commissioner with notification to CPW; or 3.12.2.2. In any areas where human safety would be jeopardized. 3.13. Where documented historical damage has occurred, or is occurring, Wildlife Services is authorized to take depredating animals under this Part 3 to allow effective take of the animal(s) that pose a threat. This authorization may be modified by the Commissioner through written agreements if such modification facilitates effective control measures.

Part 4.00 CAPTURE OF NON-TARGET ANIMAL OR OTHER SPECIES 4.1. In the event of live capture of a non-target animal or other species that is not a state or federally identified threatened, endangered, at risk or otherwise protected species, the non-injured animal shall be immediately released. An injured animal shall be quickly and humanely killed or transported to a current CPW-licensed wildlife rehabilitator. If the animal cannot be released without human endangerment, the animal shall be quickly and humanely killed. 4.2. If the non-target animal is a state or federally identified threatened, endangered, at risk or otherwise protected species, the following provisions apply: 4.2.1. If the non-target animal is uninjured and can be released without human endangerment, the animal shall be immediately released. 4.2.2. If the non-target animal cannot be released without human endangerment or is injured refer to applicable state and/or federal law pertaining to other disposition, reporting requirements and penalties. For information regarding federal law, contact the Special Agent in Charge, U.S. Fish and Wildlife Service, Lakewood, CO; for information regarding state law, contact CPW.

Part 5.00 LIVE CAPTURE OF TARGET ANIMALS 5.1. If the target depredating animal is taken alive, the animal shall be quickly and humanely killed, or the animal may be relocated if prior approval has been granted by CPW.

Part 6.00 DISPOSITION OF ORPHANED YOUNG OF DEPREDATING ANIMALS 6.1. If orphaned young of depredating animals are found, they must be transported to a current CPWlicensed wildlife rehabilitator or quickly and humanely killed. 6.2. If orphaned black bear cubs are found before August 1st of their birth year, they shall be either transported to a current CPW-licensed wildlife rehabilitator or quickly and humanely killed; those found after August 1st of their birth year shall be left to survive on their own. Take shall be reported pursuant to Parts 7.4 and 7.5 below. 6.3. If orphaned mountain lions are found with obvious spotting they shall be either transported to a current CPW-licensed wildlife rehabilitator or quickly and humanely killed; those without obvious spotting shall be left to survive on their own. Take shall be reported pursuant to Parts 7.4. and 7.5 below.

Part 7.00 CONTROL OF DEPREDATING BLACK BEARS AND MOUNTAIN LIONS 7.1. Black bears and mountain lions may be taken by means other than those prohibited by § 33-6- 203, C.R.S. by the owners of livestock and their families, employees, agents, and identified designees, and by government agencies and employees pursuant to §§ 33-3-106(3) and 33-4- 101.3(4), C.R.S., when it is necessary to prevent the black bears or mountain lions from inflicting death or injury to livestock. In the case of black bears or mountain lions, the phrase “necessary to prevent” as it relates to death or injury to livestock, is limited to the specific black bear(s) or lion(s) that is (are) reasonably believed to pose a threat and is (are) in the proximity, and when damage to livestock is likely to occur or has occurred. 7.2. Traps 7.2.1. An owner or lessee of a parcel of private property, or the employees of such owner or lessee, or identified designee may use foothold traps, mechanical or spring-powered foot cable device traps on black bears or mountain lions on his parcel of private property so long as the following conditions are met as provided by § 33-6-207(1), C.R.S.: 7.2.1.1. The property is primarily used for commercial livestock or crop production; and 7.2.1.2. The use of the methods otherwise prohibited by § 33-6-203, C.R.S., occurs only on the owner or lessee’s property; and 7.2.1.3. Such use does not exceed one thirty-day period per year for each parcel of private property; and 7.2.1.4. The owner or lessee can present on-site evidence to CPW that ongoing damage to livestock or crops has not been alleviated by the use of methods other than those prohibited by § 33-6-203, C.R.S. 7.2.2. For the purpose of taking depredating black bears or mountain lions, foothold traps, or mechanical or spring-powered foot cable device traps may be utilized within 30 feet of a carcass. 7.3. Where documented historical damage has occurred, Wildlife Services is authorized to take depredating black bears or mountain lions to allow effective take of the animal(s) that pose a threat. This authorization may be modified by the Commissioner through written agreements if such modification facilitates effective control measures. 7.4. All take of black bears and mountain lions shall be reported to CPW within five days to allow CPW the opportunity to inspect the depredating animal. Said report shall include any information requested by CPW. 7.5. For any black bear or mountain lion taken pursuant to these rules and not taken with a valid CPW license during the applicable season, the carcass shall be left where taken, unless delivered pursuant to Part 7.6. CPW has the responsibility to recover or dispose of the carcass or to allow it to decay. 7.6. Owners of agricultural products or resources, their family members, employees, agents and identified designees shall not possess black bears or mountain lions, or the parts thereof, unless taken with a valid CPW license during the applicable season. The following activities shall be permitted up to five days after take: 7.6.1. Delivery of the carcass or parts thereof by the person taking the animal to the owner or manager of agricultural products or resources for verification of kill; after verification, the owner or manager shall make the carcass or parts that were delivered available for CPW’s recovery and disposal; or 7.6.2. Voluntary delivery of said carcass or parts to the CPW. 7.7. Black bears or mountain lions may be relocated only by CPW. 7.8. Dogs 7.8.1. Guard dogs, decoy dogs, coursing dogs, and trailing dogs are allowed. Incidental take by these dogs is not unlawful. 7.9 Artificial Light 7.9.1. An owner or lessee of a parcel of private property, or the employees of such owner or lessee, or identified designee may use artificial light on private land where depredation has occurred or is occurring. 7.9.2. An owner of livestock, or the employees of such owner or lessee, or identified designee may also use artificial light on public lands when taking depredating animals where depredation has occurred or is occurring, except: 7.9.2.1. During the 24-hour period prior to and during any regular deer, elk, or pronghorn rifle season and during the 24-hour period prior to and during the opening weekend of any grouse, pheasant, quail, turkey, or waterfowl season, unless prior authorization is obtained from the Commissioner with notification to CPW; or 7.9.2.2. In any areas where human safety would be jeopardized.

Part 8 TAMPERING WITH TRAPS, cable device traps, CARCASSES OR OTHER DEVICES It shall be unlawful for any person, except CPW or the Commissioner, to move, remove, damage, or tamper with any trap, carcass or any other device of another person that is being utilized to control depredating animals pursuant to these rules.

Part 9 DISSEMINATION OF INFORMATION ABOUT LAWFUL METHODS OF CONTROL Owners of agricultural products or resources in Colorado may request from the Department assistance in controlling depredating animals. All persons making such a request shall receive information about preventive measures and lawful non-lethal and lethal methods and devices for the control of such depredating animals. The content, form, and methods of disseminating such assistance and information shall be as directed by the Commissioner and dependent upon adequate staffing and funding.

Part 10 - 11 RESERVED

Part 12.00 STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE The statements of basis and purpose for some rule changes are no longer in the Department files and are presumably in the state archives. 12.1. Dates Unknown

STATEMENT OF BASIS, PURPOSE AND STATUTORY AUTHORITY

These amendments are adopted pursuant to the Predatory Animal Control provisions, §§ 35-40-100.2 through 115, C.R.S. (1995 and 1996 Supp.)

In 1996, the people of the state of Colorado enacted Section 13 of Article XVIII to the Colorado Constitution, commonly known as Amendment 14, which defines prohibited methods of taking wildlife.

The legislature, through SB 97-052, enacted legislation to implement Section 13 of Article XVIII of the State Constitution.

The purposes of these amendments are to incorporate Colorado Constitution Article XVIII, Section 13 and SB 97-052 into the restrictions pertaining to state employees and owners of agricultural products or resources and their families, employees, agents, and identified designees for the control of depredating animals, pursuant to section 35-40-101, C.R.S. (1995 And 1996 supp.); correct errata; and renumber provisions as appropriate.

FACTUAL ISSUES ENCOUNTERED WHEN DEVELOPING THESE RULES

Pursuant to SB 97-052, Section 33-6-207(3), the Colorado Commissioner of Agriculture, Department of Agriculture, shall have the authority to adopt and enforce reasonable rules governing trapping, snaring, and poisoning, which rules may include reasonable restrictions on the devices and poisons to be used and the manner of their use. 12.2. September 16, 2013 – Effective November 14, 2013

STATEMENT OF BASIS AND PURPOSE

The amendments to these rules are proposed to the Commissioner of the Colorado Department of Agriculture (“Commissioner”) for his adoption pursuant to his authority as set forth in the Predatory Animals Act, § 35-40-101(2)(a), C.R.S.

The purpose of the amendments to these rules is to effect the legislative directive to adopt rules for the control of depredating animals.

Notice has been given to local government agencies and organizations that may be affected by this rulemaking.

SPECIFIC PURPOSE OF THIS RULEMAKING

Many of the changes to this rule are aesthetic, grammatical, or syntactical. For instance, the Commissioner has provided a clarified title to these rules to remove the non-necessary word “amendment” and to conform the name of the rules to the organic, enabling statute. Additionally, the definitions have been re-numbered to account for the lack of an “A” in the previous version.

Within the definitions, this rule change modifies the definitions of “animal” and “at-risk” to comport with their statutory definitions and to remove references to SB 96-197. Because the Colorado Division of Wildlife has changed its name to the Colorado Division of Parks and Wildlife, the definitions section has been amended to provide a new definition for “CPW” and thus to remove “DOW.” Similarly, the term “ADC” for “Animal Damage Control” references an out-dated program that has been replaced by the “Wildlife Services” of the United States Department of Agriculture.

Changes grammatically to the language included an exchange of the relative pronoun “that” for “which” where the pronoun introduced restricted relative clauses. The word “section” was removed in these rules and replaced consistently with its symbol. In other locations where sentences would be more effective with fewer words or more straight-forward language, such changes were made.

The previous rules, in section 7, paragraphs F, G (the second G), and I, text that had been stricken through during the drafting process had subsequently been adopted into the final rule with the strikesthrough in the text. This rule change removes all language that had been adopted into the rule with strikes through the language.

As in the definitions, all references to “Division of Wildlife” or “DOW” have been removed and replaced with “Division of Colorado Parks and Wildlife” or “CPW.”

The Commissioner received information that the term “Conibear” is a trade-marked term for a particular brand of body-grip trap. To avoid infringing on a trade mark, these rules remove all references to the word “Conibear” and replace that word with language to describe the particular type of body-grip trap.

This rule removes the paragraph regarding the records of the Department, as the Colorado Open Records Act, §§ 24-72-202 through 24-72-206, C.R.S., articulate what is and what is not a record open to public inspection. 12.3. Adopted – November 7, 2018 – Effective December 30, 2018 Statutory Authority The amendments to these rules are proposed to the Commissioner of the Colorado Department of Agriculture (“Commissioner”) for his adoption pursuant to his authority as set forth in the Predatory Animals Act, § 35-40-101(2)(a), C.R.S.

Purpose The purpose of this rule-making is to make the Rules easier to read and understand while updating the Rules to reflect best management practices and align with changes in Colorado Parks and Wildlife’s (“CPW”) regulations. Other changes include clarifying sentences; updating language; and renumbering to make this Rule consistent with other Department Rules.

Factual and Policy Issues in February of 2017, Colorado Parks and Wildlife (CPW) assembled a trapping workgroup consisting of individuals from different branches within the agency as well as from the Colorado Department of Agriculture (CDA), United States Department of Agriculture (USDA), and the Colorado Trappers and Predator Hunters Association (CTPHA). This group was tasked with updating CPW’s trapping regulations to incorporate new industry best management practices (BMPs), increase animal welfare, and make CPW regulations consistent with those of CDA.

In March of 2018, CDA used the same trapping workgroup to review and update CDA’s Rules Pertaining to the Control of Depredating Animals and to bring them into alignment with CPW’s recently adopted trapping regulations.

Overall, CPW and CDA relied on the BMPs developed by the Association of Fish and Wildlife Agencies (AFWA) to make these recommended changes. These BMPs were developed based on sound science and research, evaluating traps and trapping methods to increase animal welfare, as well as improve efficiency, species selectivity and safety.

Specific changes Definitions for “drag”; “lethal body grip device”; “live trap (cage or box)”; and “enclosed foothold trap” were added to provide more clarity and incorporate modern terminology on what these traps are. The terms “leghold”; “snare”; “instant kill body-gripping designed trap”; and “nonlethal snare” were also replaced with the terms “foothold”; cable device trap”; “body grip device”; and “nonlethal cable device trap” respectively, to align with the language within AFWA’s BMPs.

Part 2, B was removed, requiring that identified designees receive prior authorization from the Commissioner before being allowed to take bears or mountain lions. This was impractical to require designees to receive prior authorization in addition to the other requirements including possession restrictions and notification of CPW after any take of bears and lions.

“Identified designees” has been incorporated into the revised Part 3 and new language was added to mirror CPW’s updated trapping language, including standards, methods, and BMPs for foothold traps, non-lethal cable devices, lethal cable devices, and body-grip devices. The outdated, redundant, and duplicative language in the former Part 3 was removed.

Part 3.7 is changed to correlate new BMPs, types of traps, and areas of restricted trapping. These changes provide greater clarity as to types of traps, when those traps may be used, and exceptions for prohibited areas.

Part 3.9.1 regarding the use of predacides now references the Pesticide Applicators’ Act, § 35-10-101, et seq., the controlling law with regard to pesticide use in Colorado.

Part 3.11.1 now includes that the Commissioner may take into consideration the training of the person who is going to take from aircraft. Knowing what the intended person’s training is becomes important to prevent unintentional take and to protect the public.

Rule 3.12 is now broken into two Parts to distinguish the different requirements for use of artificial light on private land versus the use of artificial light on public land.

Part 3.13 was added to clarify that APHIS Wildlife Services is also authorized to take depredating animals pursuant to Part 3. This brings Part 3 into conformity with Part 7.3, which permits APHIS Wildlife Services to take black bears and mountain lions.

The old Part 7.00 H is removed because of its redundancy to 7.00 I, which now becomes the new Part 7.6.

In Part 8 Wildlife Services was removed as an authorized agency that is allowed to move, remove, damage or tamper with any trap that is being used to control depredating animals pursuant to these rules.

Wildlife Services does not possess the statutory authority to tamper with traps that are not owned by them. 12.4. Adopted – June 10, 2020 – Effective July 30, 2020 Statutory Authority The amendments to these rules are proposed to the Commissioner of the Colorado Department of Agriculture (“Commissioner”) for adoption pursuant to authority as set forth in the Predatory Animals Act, § 35-40-101(2)(a) and (c), C.R.S.

Purpose The purpose of this rule-making is to clarify that dogs may be used as a non-lethal depredation deterrent and that artificial light may be used with all depredating animals, including bears and mountain lions. Other changes include adding additional details to the definition of “Group of animals” and specifying which US Fish and Wildlife Service office should be contacted if a federally protected species is inadvertently captured in a trap specifically designed not to kill.

Factual and Policy Issues In February of 2017, Colorado Parks and Wildlife (CPW) assembled a trapping workgroup consisting of individuals from different branches within the agency as well as from the Colorado Department of Agriculture (CDA), United States Department of Agriculture (USDA), and the Colorado Trappers and Predator Hunters Association (CTPHA). This group was tasked with updating CPW’s trapping regulations to incorporate new industry best management practices (BMPs), increase animal welfare, and make CPW regulations consistent with those of CDA.

In March of 2018, CDA used the same trapping workgroup to review and update CDA’s Rules Pertaining to the Control of Depredating Animals and to bring them into alignment with CPW’s recently adopted trapping regulations.

In late 2019 CPW changed the name of this working group to the Furharvester Working Group and added additional tasks. CDA used members of this Furharvester Group to review these proposed changes.

Specific changes The proposed rules re-order the definitions of “enclosed foothold trap” and “employee” to alphabetize them; add “across a county, region or the state” to clarify the definition of “group of animals”; and add “nonlethal cable device traps” into the definition of “traps specifically designed not to kill” because nonlethal cable device traps are by design traps specifically designed not to kill.

A change to Part 3.7.1 removes a grammatically incorrect “a.”

The changes to Part 4.2.2 re-order the words “federal” and “state” for consistency with the rest of the rule; update the title of the US Fish and Wildlife Service employee to be contacted if a federally protected species is captured; and further specify that inquiries regarding federal law related to the capture of federally protected species be made specifically with the Lakewood, Colorado, office.

The changes to Part 7 add the use of guard dogs, decoy dogs, coursing dogs and trailing dogs as a non-lethal means of hazing potential predatory bears and mountain lions away from livestock.

As well, the changes add the use of artificial light as a tool for livestock owners to protect their livestock from depredation by bears and lions. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/14/2013.

Entire rule eff. 12/30/2018.

Rules 1.14-1.15, 1.18, 1.33, 3.7.1, 4.2.2, 7.8-7.9, 12.4 eff. 07/30/2020.

8 CCR 1201-13 Public Livestock Markets Veterinary Inspection {#sec-8-ccr-1201-13 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-13}

DEPARTMENT OF AGRICULTURE

PUBLIC LIVESTOCK MARKETS VETERINARY INSPECTION

8 CCR 1201-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ RULES PERTAINING TO PUBLIC LIVESTOCK MARKETS VETERINARY INSPECTION

Part 1. Definitions 1.1. “Actinobacillosis” or “Actinomycosis” means a localized, chronic, progressive, granulomatous abscess that most frequently involves the mandible, the maxillae, or other bony tissues in the head. 1.2 “Animal” means any species of animal, including those defined as “Livestock” that is consigned or delivered to any public livestock market to be offered for sale. 1.3. “Department” means the Colorado Department of Agriculture. 1.4. “Euthanasia” means to produce a humane death by techniques accepted by the American Veterinary Medical Association. 1.5. “Livestock” means horses, mules, cattle, burros, swine, sheep, goats, poultry, and alternative livestock as defined in § 35-41.5-102(1) 1.6. “Market Veterinarian” means an individual who is currently licensed and in good standing with the State Board of Veterinary Medicine to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, with a Category II accreditation. 1.7. “Metastatic” or “Metastasis” means the invasion or infiltration of other structures or tissue by a neoplasm. 1.8. “Neoplasia,” “neoplasm,” or “neoplastic” means new, abnormal tissue growth that is deleterious to the animal's health. 1.9. “Non-ambulatory” means the animal is unable to rise to its feet and walk with minimal stimulus. 1.10. “Owner” means the person or entity owning the livestock and the owner’s officers, members, employees, or agents. 1.11. “Urinary Calculi” means solid particles in the urinary system that cause the disease commonly known as water belly.

Part 2. Notice 2.1. The following notice shall be posted:

LIVESTOCK OWNER NOTICE: ALL LIVESTOCK WILL BE VISUALLY INSPECTED PRIOR TO

SALE BY THE MARKET’S VETERINARIAN- ANIMALS WHICH ARE DETERMINED TO BE

BEYOND RECOVERY, DUE TO DISEASE, INJURY OR DISABILITY MAY NOT BE SOLD AT A

PUBLIC LIVESTOCK MARKET PURSUANT TO: 35-55-113(4), C.R.S. You may be requested to remove such animals(s) from the livestock market if the market veterinarian’s professional opinion is that the animal(s) you are presenting for sale are unacceptable under this law. Alternatively, the market veterinarian may euthanize such animal(s) if you do not choose to remove the animal(s). 2.2. This notice shall be posted at the public market office and the check-in dock. 2.3. The Department shall make a printed form of this notice available upon request.

Part 3. Veterinary Inspection Procedures The following procedures apply: 3.1 A market veterinarian shall inspect all livestock and animals presented to a public livestock market for sale for the purpose of determining their condition of health and freedom from infectious or contagious animal diseases. 3.2. Veterinary inspection shall occur prior to sale, with a determination made by the market veterinarian whether any of the animals presented to the public livestock market for sale possesses any of the diseases or injuries specified in Parts 4 or 5 below. 3.3. Should the market veterinarian determine that an animal presented to the public livestock market for sale possesses any of the diseases or injuries specified in Parts 4 or 5 below and should the market veterinarian determine that such disease or injury renders the animal injured, disabled, or diseased beyond recovery, the market veterinarian shall either humanely euthanize the animal or, direct the animal’s consignor to remove the animal from the premises, except where the market veterinarian determines that the animal cannot be humanely removed from the premises. 3.3.1. If the market veterinarian determines that the animal identified pursuant to Part 3.3 above may be humanely removed from the premises, the market veterinarian must make no less than one attempt to contact the consignor, whether by phone, or in-person. 3.3.2. A consignor who receives notification from the market veterinarian as provided in 3.3.1 above and who does not, at the time of such notification, direct the market veterinarian to euthanize the animal must immediately remove the animal from the premises. Removal must occur within no more than 12 hours from the point of notification described in 3.3.1. 3.3.3. The market veterinarian, in his or her sole discretion, may euthanize any animal whose consignor, or consignor’s designee, has not removed the animal from the premises within 12 hours from the point of the market veterinarian’s notification as described in 3.3.2. 3.3.4. If, after making no less than one attempt to contact an animal’s consignor pursuant to 3.3.1 and if the animal’s consignor has not responded to the market veterinarian’s notification within two hours the market veterinarian, in his or her sole discretion, shall determine whether the animal identified by the market veterinarian pursuant to Part 3.3. above should be euthanized. 3.4. The consignor of any animal euthanized will pay the costs of the euthanasia and of any disposal cost associated with such euthanasia.

Part 4. Diseases that shall render livestock diseased beyond recovery The following diseases shall render livestock diseased beyond recovery for the purposes of these Rules: 4.1. Ocular neoplasia: 4.1.1. If the neoplastic lesions affect the eye and/or eyelids and have destroyed the affected organ to the point that the affected area is not amenable to surgery; 4.1.2. If the neoplastic lesions show signs of local metastatic invasion from the primary site to the bone of the orbit or lymph nodes; or 4.1.3. If the following signs are present: abnormal swelling, discoloration, open necrotic regions with drainage, or deformation of tissue. 4.2. Other forms of neoplasia:

Other neoplasias, regardless of tissue origin, which exhibit significant involvement, including, but not limited to, the following signs: abnormal swelling, discoloration, open necrotic regions with drainage, or deformation of tissue. 4.3. Any disease process or condition that in the opinion of the market veterinarian has not or will not respond in a timely manner to treatment, or that renders an animal into a poor body condition including, but not limited to: Actinobacillosis, Actinomycosis, Pneumonia, and Urinary Calculi. 4.4. Any disease process or condition that has resulted in the presentation of a non-ambulatory animal.

Part 5. Injuries that shall render livestock injured beyond recovery The following injuries shall render livestock injured beyond recovery for the purposes of this Rule: 5.1. A fracture of a long bone, other fractures, or dislocation of a joint that renders the animal unable to bear weight on the affected limb without that limb collapsing. 5.2. Any injury that in the opinion of the market veterinarian has not or will not respond to treatment and has resulted in the livestock being in poor body condition. 5.3. Any injury that has resulted in the presentation of a non-ambulatory animal.

Part 6. Euthanasia 6.1. Euthanasia shall be accomplished by or under the direction of the market veterinarian. 6.2. The market veterinarian will provide written notice within 24 hours to the owner and market of any euthanized animal citing the reason for euthanasia in such written notice.

Part 7. Disposal of euthanized animal carcasses 7.1. The owner may retrieve the carcass within six hours of euthanasia, except that the market veterinarian may refuse retrieval of the carcass if the market veterinarian euthanized the animal with barbiturates or any other chemical euthanasia solutions. 7.2. Unless the owner retrieves the carcass as set forth immediately above, the carcass shall be disposed of pursuant to law. In the event that there is a disposal fee, the fee shall be borne by the owner.

Part 8. Statement of Basis and Purpose 8.1. Rules Adopted Prior to 2016 These Rules are adopted pursuant to the Public Livestock Markets provisions, specifically, §35- 55-113(6), C.R.S.

The purposes of these Rules are to: define applicable terms; specify the requisite notice to animal owners; establish the procedures for inspection, removal and euthanization of animals; and designate diseases and injuries which are beyond recovery.

The statements of basis and purpose for some rule changes are no longer in the Department files and are presumably in the state archives. 8.2. Adopted June 8, 2016 – Effective July 30, 2016 Specific Statutory Authority The specific statutory authority for this Rule is located in §§ 35-55-113(6), C.R.S., which grants

authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt reasonable Rules for the administration of the Public Livestock Markets Act, § 35-55-101, et seq., and to adopt Rules to identify diseases that render livestock permanently disabled or the carcasses thereof permanently unfit for human consumption.

Purpose The revisions to these Rules incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

Factual Policy and Issues In reviewing and updating these Rules, the reviewers updated the definitions Parts to clarify the meanings of key diseases or disorders; to remove the word “animal,” as livestock markets do not operate to sell animals; to update information regarding the body-condition scoring to reflect that the Department would no longer incorporate body-condition scoring charts with the Rule; to strike “euthanize” to leave “euthanasia” as the proper term; to update the definition of “owner” to make it consistent with other Division of Animal Health Rule definitions; and to re-define “veterinarian” to indicate that for these Rules, “veterinarian” is someone who is also accredited by the USDA, Animal Plant Health Inspection Service.

Where the reviewers found provisions that were outdated or non-useful, the reviewers made changes. For instance, the Notice section of the Rule sets forth more simply and more clearly the actual notice that must be provided at all livestock markets regarding diseased, injured, or disabled animals. In Part 4, the reviewers clarified that both “disease” and “body condition” that do not timely respond to treatment render livestock “diseased beyond recovery.” Similarly, the reviewers also changed 5.2 to indicate that livestock with an injury that results in a poor condition renders that livestock “injured beyond recovery.” Finally, the reviewers removed paragraph B of

Part 6 because the Commissioner is not authorized to set euthanasia costs state-wide or to interfere with such price-setting by independent veterinarians who perform such actions.

Additionally, the reviewers have removed all static charts regarding body condition scoring. Some of the formerly adopted charts did not provide a useful means of scoring certain species, and codifying such charts limits the Department’s ability to rely on the most updated, precise charts that are available. Removing the charts permits the Department to respond to questions regarding body-condition scoring charts with the most accurate, updated, precise charts or methods available. 8.3. December 8, 2021 – January 30, 2022 Statutory Authority The specific statutory authority for this Rule is located in § 35-55-113(6), C.R.S., which grants

authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt reasonable rules for the administration of the Public Livestock Markets Act, § 35-55-101, et seq., and to adopt rules to identify diseases that render livestock permanently disabled or the carcasses thereof permanently unfit for human consumption.

Purpose The revisions to these Rules incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

Factual and Policy Issues Because 35-55-113(1)(a) requires veterinary inspection of both livestock and animals, the reviewers defined “Animal” to identify those animals not named as “Livestock” in the definitions of the Act, 35-55-101(1), C.R.S.

To provide increased clarity surrounding the obligations of a market veterinarian and the options of an animal’s owner once the market veterinarian determines that an animal must be euthanized or when the market veterinarian determines that an animal is unfit for sale but may be humanely removed from the livestock market, the reviewers added clarification to the rules to give a stepby-step procedure regarding how and when a market veterinarian is to notify the animal’s owner and how long such owner has to respond to the market veterinarian before the market veterinarian may euthanize the animal as well as regarding collection of any carcass that has not experienced euthanasia by means of barbiturates or any other chemical euthanasia process.

Specific Purpose of the Rulemaking In Part 1.0 the reviewers added the definition for “Animals” to clarify that all animals bought and sold at livestock markets are subject to veterinary inspection. The reviewers deleted the definition for “Body condition score” as that term is no longer used in the rule. The reviewers also changed the term “Veterinarian” to “Market veterinarian” to clarify that the inspection and veterinary medical decisions including treatment and euthanasia will be conducted by the market veterinarian. Additionally, the reviewers clarified that the market veterinarian must have a USDA type II accreditation.

The reviewers added a new Part 3.1 to parallel the statute’s requirements that all animals, not just livestock, must be inspected by a market veterinarian for the purpose of determining the animals’ health and freedom from infectious or contagious diseases. During the rule hearing, the agency received a request from the Colorado Farm Bureau asking to change the word “all” to “most.” The agency considered the comment and decided not to take action because the rule’s language mirrors that of C.R.S. 35-55-113 (1) (a), which requires that “[a]n accredited and licensed veterinarian shall inspect all livestock consigned and delivered on the premises of any licensed public livestock market before the livestock are offered for sale.”

In Part 3.3, the reviewers clarified the steps the market veterinarian must take upon reaching a determination that an animal must be euthanized, including what the steps necessary to notify the owner of the determination and the owner’s options after euthanasia.

In Part 4.1, the reviewers provided additional clarity to describe when Ocular neoplasia would render an animal diseased beyond recovery. During the rule hearing, the agency received a request from the Colorado Farm Bureau asking to allow animals for sale if they don’t show signs of metastasis. The agency considered the comment and decided not to take action because the way the rule is written any animal that does not show signs of metastasis, disease or tissue destroyed beyond recovery shall be fit for sale.

In Part 6.2, the reviewers added the requirement that the market veterinarian must provide written notice within 24 hours to the owner and market of any euthanized animal, citing the reason for euthanasia in such written notice.

In Part 7.1, the reviewers added language to deny an owner’s collection of a carcass of any animal euthanized by barbiturates or any other chemical euthanasia solutions. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2016.

Entire rule eff. 01/30/2022.

8 CCR 1201-14 RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CUSTOM PROCESSING OF MEAT ANIMALS ACT [Repealed eff. 08/30/2009, see 8 CCR 1202-13] {#sec-8-ccr-1201-14 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-14}

DEPARTMENT OF AGRICULTURE

Animal Industry Division RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CUSTOM PROCESSING OF MEAT ANIMALS ACT - Repealed eff. 08/30/2009, see 8 CCR 1202-13 8 CCR 1201-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes Due to statutory amendments enacted by Senate Bill 09-117, effective July 1, 2009, the rules at 8 CCR 1201-14 under the Animal Industry Division are repealed in their entirety. Rules that update terminology to conform to the changes made to the Custom Processing Meat Animals Act, § § 35-33-101 et seq. are now found at 8 CCR 1202-13 under the Inspection and Consumer Services Division.

History Entire rule emer. rule eff. 07/01/2009.

Entire rule repealed eff. 07/01/2009.

8 CCR 1201-15 COLORADO SLAUGHTER, PROCESSING, AND SALE OF MEAT ANIMALS ACT METHOD OF SALE OF FOOD PLANS [Repealed eff. 07/01/2009, see 8 CCR 1202-12] {#sec-8-ccr-1201-15 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-15}

DEPARTMENT OF AGRICULTURE

Animal Industry Division COLORADO SLAUGHTER, PROCESSING AND SALE OF MEAT ANIMALS ACT METHOD OF SALE OF FOOD PLANS - Repealed eff. 08/30/2009, see 8 CCR 1202-12 8 CCR 1201-15 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _____________________________________________________ Editor’s Notes Due to statutory amendments enacted by Senate Bill 09-117, effective July 1, 2009, the rules at 8 CCR 1201-15 under the Animal Industry Division are repealed in their entirety. Rules that update terminology to conform to the changes made to the Custom Processing Meat Animals Act, § § 35-33-101 et seq. and the transfer of authority of Home Food Service Plans to the new Sale of Meat Act, § § 35-33.5-101 et seq. are now found at 8 CCR 1202-12 under the Inspection and Consumer Services Division.

History Entire rule emer. rule repealed eff. 07/01/2009.

Entire rule repealed eff. 08/30/2009.

8 CCR 1201-16 Control and Eradication of Scrapie in Sheep and Goats {#sec-8-ccr-1201-16 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-16}

DEPARTMENT OF AGRICULTURE

CONTROL AND ERADICATION OF SCRAPIE IN SHEEP AND GOATS

8 CCR 1201-16 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1 Definitions 1.1. “Administrator” means The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. 1.2. “Animal” means a domestic sheep or goat. 1.3. “Animal and Plant Health Inspection Service (APHIS)” means the agency in the United States Department of Agriculture known as the Animal and Plant Health Inspection Service. 1.4. “Breeding animal” means a sexually intact sheep or goat of any age. 1.5. “Certificate of Veterinary Inspection (CVI)” means an official document issued by an accredited veterinarian at the point of origin of a shipment of livestock. The document shall include the date; the physical location of origin; the name and mailing address of the consignor; the physical location of the destination; the name and mailing address of the consignee; the age, sex, number, and breed of the livestock; sufficient identification marks, tags or other identification as may be approved by the State Veterinarian, to positively identify livestock; and the results of all required tests. Such document shall also include a statement verifying that the livestock identified on the document have been inspected and that they are free from clinical signs of any contagious, infectious, or communicable diseases and that the livestock do not originate from an area of quarantine, infestation, or infection. A certificate of veterinary inspection is valid for thirty (30) days after the date of issuance. 1.6. “Commuter agreement” means a form, approved by the Colorado State Veterinarian and the state veterinarian of the contiguous state, that establishes an agreement between Colorado and a contiguous state to enable livestock owners, managers, or operators to move livestock across state borders for grazing purposes and to return to the state of origin. 1.7. “Country mark” means a permanent mark identifying a sheep or goat to its country of origin. 1.8. “Exposed animal” means: 1.8.1. Any animal that has been in the same flock at the same time as a scrapie-positive female animal, excluding limited contacts; or 1.8.2. Any animal born in a flock after a scrapie-positive animal was born into that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan; or 1.8.3. Any animal that was commingled with a scrapie-positive female animal during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, or that was commingled with any other scrapie-positive female animal for 24 hours or more, including during activities such as shows and sales or while in marketing channels; or 1.8.4. Any animal in a noncompliant flock. 1.9. “Feeder sheep and goats” means animals under 18 months of age not to be used for reproductive purposes and maintained for feeding and slaughter channels only. 1.10. “Flock” or “herd” means all animals maintained on any single premises, or multiple premises with animal movement or interchange between the premises. 1.11. “Flock plan” means a written flock management agreement signed by the owner of a flock, the accredited veterinarian who provides veterinary services for the owner, and a State or APHIS representative in which each signor agrees to undertake actions specified in the flock plan to control the spread of scrapie from, and eradicate scrapie in, an infected flock or source flock or to reduce the risk of the occurrence of scrapie in a flock that contains a high-risk or an exposed animal. 1.12. “Genetic tests for scrapie resistance” means DNA genotyping of sheep for genes associated with scrapie resistance at Codon 171 and may also include Codon 136. To be used in regulatory activities, all genetic tests must be collected by an accredited veterinarian or State or Federal animal health official, must occur at a laboratory approved for such purposes by the USDA, must be submitted on forms approved by the USDA and must be on animals identified with USDA approved methods. At present, no genetic test for scrapie resistance is valid for goats. 1.13. “Genetically resistant animal” means a sheep that tests RR or QR at Codon 171. 1.14. “Genetically resistant to valine scrapie” means a sheep that tests AA at Codon 136. This does not apply to goats. 1.15. “Genetically susceptible genotype animal” means sheep that test QQ at Codon 171. 1.16. “Genetically susceptible to valine scrapie” means any sheep that tests VV or AV at Codon 136. 1.17 “Goat” means any animal of the genus Capra. 1.18. “High risk animal” means any goat or a genetically susceptible female sheep that is: (1) the progeny of a scrapie-positive dam; (2) born in the same flock during the same lambing season as progeny of a scrapie-positive dam; or (3) a scrapie susceptible animal that has been present in a flock and has been exposed to amniotic fluid of a scrapie positive dam. Any goat in an infected flock is considered a high risk animal. 1.19. “Infected flock” means any flock in which the State Veterinarian has determined that a scrapie positive female sheep has resided unless an epidemiological investigation conducted by the State Veterinarian or APHIS representative shows that the ewe did not lamb or abort in the flock. The USDA designation of a “source” flock shall be included in the infected flock definition for this

regulation. 1.20. “Killed and completely destroyed” means killed or maintained under quarantine in a manner preventing disease spread until the animal is no longer living; and the remains have been disposed of in a manner preventing disease spread. 1.21. “Limited contacts” means incidental contacts between animals from different flocks off the flock's premises such as at fairs, shows, exhibitions and sales; between ewes being inseminated, flushed, or implanted; or between rams at ram test or collection stations. 1.22. “Live-animal screening test” means any test for the diagnosis of scrapie in a live animal that is approved by the USDA. 1.23. “Noncompliant flock” means: 1.23.1. Any source or infected flock whose owner declines to enter into a flock plan or postexposure management and monitoring plan agreement within 30 days of being so designated, or whose owner is not in compliance with either agreement; 1.23.2. Any exposed flock whose owner fails to make animals available for testing within 60 days of notification, or as mutually agreed, or whose owner fails to submit required postmortem samples; 1.23.3. Any flock whose owner has misrepresented, or who employs a person who has misrepresented, the scrapie status of an animal or any other information on a certificate, permit, owner statement, or other official document within the last 5 years; or 1.23.4. Any flock whose owner or manager has moved, or who employs a person who has moved, an animal in violation of this chapter within the last 5 years. 1.24. “Official identification” means an identification mark or device approved by APHIS for use in the Scrapie Eradication Program. 1.25. “Official Test” means any test for the diagnosis of scrapie in a live or dead animal that is approved by the Administrator of APHIS for that use and conducted either at an approved laboratory or at NVSL. 1.26. “Post Exposure Management and Monitoring Plan (PEMMP)” means a written agreement signed by the owner of a flock, any accredited veterinarian who provides veterinary services for the owner, and a State or APHIS representative in which each participant agrees to undertake actions specified in the agreement to reduce the risk of the occurrence of scrapie and to monitor for the occurrence of scrapie in the flock for at least 5 years after the last high-risk or scrapiepositive animal is removed from the flock or after the last exposure of the flock to a scrapiepositive animal unless the monitoring time is otherwise specified by a State or APHIS representative. As part of a PEMMP, the flock owner must provide the facilities and personnel needed to carry out the required elements listed in the plan. 1.27. “Scrapie” means a non-febrile, transmissible, insidious, degenerative disease affecting the central nervous system, and is a transmissible spongiform encephalopathy (TSE) found in sheep and goats. 1.28. “Scrapie-positive” means an animal that has tested positive through an official test. 1.29. “Scrapie Eradication Program” means the cooperative State-Federal program administered by APHIS and Consistent States to control and eradicate scrapie. 1.30. “Sheep” means any animal of the genus Ovis. 1.31. “State Veterinarian” means the veterinarian designated by the Commissioner of the Colorado Department of Agriculture as the director of the Division of Animal Health, Colorado Department of Agriculture. 1.32. “Source Flock” means a flock in which a State or APHIS representative has determined that at least one animal in that flock was born that was diagnosed as a scrapie-positive animal at an age of 72 months or less. 1.33. “USDA” means the United States Department of Agriculture. 1.34. “Veterinary Services (VS)” means the division of APHIS charged with animal health activities within the United States.

Part 2 Importation of Breeding Sheep and Goats into Colorado 2.1. Except as set forth in Parts 2.2. and 2.3., all breeding sheep and goats imported into Colorado, whether interstate or international, must be accompanied by a certificate of veterinary inspection (CVI) and a CDA-issued import permit. The accredited veterinarian who issues the CVI must obtain the import permit from the State Veterinarian. The accredited veterinarian issuing the CVI shall record the import permit number on the certificate. 2.2. No CVI or import permit is required for animals going directly to slaughter. 2.3. Animals entering Colorado from a state contiguous to Colorado without change in ownership and as a part of normal operating procedures may do so by acquiring a commuter agreement issued by the State Veterinarian. 2.4. CVIs for all breeding sheep and goats imported into Colorado must contain official identification for each animal. Official identification includes any of the following: 1) ear tags and/or microchips approved by the USDA for scrapie identification, 2) registration tattoos in goats when accompanied by a matching certificate of registration from a goat breed registration association, or 3) an APHIS assigned tattoo or tattoo for animals that cannot be ear tagged. 2.5. Sheep and goats imported from Canada or Mexico must have a permanent country mark and other official identification.

Part 3 Sheep and Goat Transfer of Ownership or Exhibition 3.1. All breeding sheep and goats must be identified with official identification for purposes of transfer of ownership or for exhibition in Colorado. 3.2. All wether sheep and goats over 18 months of age must be identified with official identification for purposes of transfer of ownership or for exhibition in Colorado.

Part 4 Infected Flocks Containing Animals with Scrapie 4.1. In any flock in which scrapie is diagnosed, the state veterinarian will conduct an investigation within 7 days upon receipt of notice of infection. The premises and all sheep and goats on the premises may be placed under quarantine by the State Veterinarian. For any premises, sheep or goats placed under quarantine, the owner of the flock must complete the following: 4.1.1. All sheep and goats must be identified with official identification and inventoried as to sex, age, breed and species. 4.1.2. An epidemiological tracing must be completed as to the origins of animals and the destination of animals moved from the flock; and USDA will determine a designation of infected or source flock within 15 days; and 4.1.3. A flock plan must be developed, signed by all parties, and approved by the State Veterinarian or his representative. 4.2. Any such quarantine will remain in effect until the animals are identified with the appropriate USDA approved methods, epidemiology is completed, and a flock plan has been developed and agreed upon and signed by all parties. The flock plan may be replaced with a PEMMP developed mutually by the owner, his veterinarian, and state or federal officials and approved by the State Veterinarian. 4.3 Flock plans for infected flocks within Colorado must be approved by the State Veterinarian prior to implementation. The flock plan must address, but is not limited to: 4.3.1. Animal identification and record keeping; 4.3.2. Disinfection and sanitary measures; 4.3.3. Lambing or kidding management; 4.3.4. The classification and disposition of affected and high-risk animals within the flock; 4.3.5. Animal sales and movements of animals from the flock; 4.3.6. Where appropriate, and as a part of a comprehensive flock management plan, approved live-animal screening tests and genetic tests for scrapie resistance will be used to evaluate the risk status of individual animals within the flock. Genetically susceptible genotype animals must be killed and destroyed or sent to a research facility. Flock plans may include breeding only with homozygous scrapie resistant rams for the duration of the flock plan; and 4.3.7. At the discretion of the State Veterinarian, a second genotyping sample may be required at the owner’s expense. If there is a discrepancy in test results indicating a QQ genotype, the animal will not be permitted entry into Colorado until the discrepancy is resolved with the approval of the USDA reference laboratory, the National Veterinary Service Laboratory (NVSL). 4.4 The flock plan will remain in effect until all scrapie susceptible animals have been removed from the flock. After all scrapie susceptible animals have been removed from the flock, and only homozygous scrapie resistant rams are used for breeding in the flock, the flock plan may be replaced with a PEMMP developed mutually by the owner, his veterinarian, and state or federal officials and approved by the State Veterinarian.

Part 5 Exposed Animals 5.1. Any animal that originates from or had contact with a flock in which scrapie has been diagnosed and which animal is not considered high risk will be classified as an exposed animal. An owner of any exposed animal will be notified by the State Veterinarian with information regarding disposition of the exposed animal and any subsequent action required. 5.2. The State Veterinarian will conduct tracebacks of scrapie-positive animals and trace outs of highrisk and exposed animals and report any out-of-State traces to the appropriate State within 45 days of receipt of notification of a scrapie-positive animal.

Part 6. Livestock Markets 6.1 Any sale not specifically designated as a “feeder only sale” is classified as an “open sale,” where all sexually intact animals presented, regardless of age, are considered breeding animals. Any “feeder” animal exempt from identification requirements may not be re-classified as a breeding animal (i.e., removed from feeding channels) without official identification showing its birth flock.

Part 7. Reserved

Part 8. Statement of Basis, Specific Statutory Authority and Purpose 8.1. Adopted: February 10, 1999 – Effective: March 30, 1999 8.2. Adopted October 30, 2002 - Effective January 30, 2003

STATEMENT OF BASIS AND PURPOSE

This rule is adopted by the Colorado State Agricultural Commission pursuant to Section 35-50-101, C.R.S. (1998).

The purposes of this rule are to define requirements for the importation into Colorado of breeding sheep and for public sheep and goat sales and define the procedures which will be applicable for scrapie infected, source and trace flocks.

FACTUAL ISSUES ENCOUNTERED IN DEVELOPING THESE RULES.

Science has shown that scrapie transmission is primarily as result of a scrapie infected ewe's placenta and amniotic fluid at parturition taken in orally by a scrapie susceptible animal. Further, science has shown that a ewe with a resistant gene R at the 171 codon will not pass the scrapie infective agent when she was intentionally exposed to the infective agent.

The most promising strategy for the control and eradication of scrapie is the use of resistant genotype ram to assure that all progeny contains at least one resistant gene, regardless what the dam's genotype.

Using homogeneous resistant rams RR in an infected or source flock will virtually eliminate scrapie transmission. Scrapie infected or source flocks that embrace the resistant genotype strategy as part of the flock plan should be permitted to sell animals that are either QR or RR genotype. However, it is important that all susceptible animals be restricted until eliminated from such flocks by euthanasia and disposal and that only homozygous resistant rams be used for breeding in such flocks, thus assuring that all progeny will be scrapie resistant and that the scrapie agent will not be introduced into other flocks through the movements of scrapie susceptible animals.

Rule concept: Sheep or goats originating from a scrapie infected or source flock both intra and interstate shall be allowed to sell in Colorado if the genotype is confirmed to be QR or RR at the 171 codon.

The seller of such sheep shall be responsible to have such sheep genotyped, but an accredited veterinarian or state or federal animal health official must have taken the specimen and submitted it to an official laboratory.

At the discretion of the State Veterinarian a second genotyping sample may be required at the owner's expense. If there is a discrepancy in test results indicating a QQ genotype, the animal shall not be sold in Colorado. 8.3. Adopted: August 30, 2006 – Effective: October 30, 2006 This rule is adopted by the Commissioner of Agriculture and approved by the Colorado State Agriculture Commission pursuant to Section 35-50-105(3), C.R.S. (2005).

The rule is designed to address the control and eradication of scrapie. Scrapie is a transmissible, degenerative disease affecting the central nervous system of sheep and goats. It is usually transmitted to a susceptible sheep at birth. Goat transmission is not understood as yet. This rule defines the requirements for importing breeding sheep and goats into Colorado, sets forth identification requirements for the transfer of ownership or the exhibition of sheep and goats, and establishes disease protocols for sheep and goat flocks/herds infected with scrapie. This rule is necessary to bring Colorado’s standards into compliance with federal scrapie rules so that Colorado can be deemed to be a scrapie-compliant state. This in turn affects Colorado’s ability to qualify for grants under various federal disease control programs and allows less stringent interstate movement. Genetic testing has shown that ewes with certain resistant genes will not transmit scrapie to their offspring. These genetic tests refer to both a gene type indicated by a capital letter (“R, Q, A or V”) and to a marker or “codon” indicating the location on a strand of genetic material (“codon 171 or 136”). This rule sets forth the combinations of genotypes and codons that are used to determine an animal’s susceptibility to scrapie infection. It is necessary to understand these terms in order to understand the scope of the rule. This rule uses these terms in order to track the federal program addressing scrapie control and eradication in sheep and goats.

Scrapie in sheep is transmitted primarily due to the oral ingestion by a susceptible animal of an infected ewe’s placenta and amniotic fluid at birth. However, testing shows that a ewe with a resistant gene R at the 171 codon will not pass the scrapie infective agent after being intentionally exposed to the infective agent.

In addition, a gene at a second codon may be necessary to provide resistance to a “valine” strain of scrapie. The valine strain although uncommon at present, may be transmitted by a QR individual.

Therefore, if valine strain is found, animals with the QR genotype at codon 171 must be tested at codon 136 and have AA to be classed as resistant animals. If they have AV at codon 136, they could be susceptible. 8.4. Adopted September 20, 2017 – Effective November 30, 2017 Statutory Authority This rule is amended and adopted pursuant to the Commissioner’s authorities found at § 35-50-105(3)(a), (c), (f), (h), and (p), C.R.S.

Purpose The purpose of this rule-making is to update matters related to the requirements for importation into Colorado of breeding sheep and for public sheep and goat sales and to define the procedures that will be applicable for scrapie-infected source and trace flocks.

Factual and Policy Issues Language was updated to bring it into conformity with national disease prevention terms, definitions, and standards; the introduction section was deleted in order to bring this rule into conformity with other CDA rules; grammatical and syntactic changes were made to Part 1, including bringing the definitions into conformity with national disease prevention definitions; and language was removed that was formerly required on the CVI, this language is no longer required because facilities that have had positive scrapie animals are on a post exposure management program that would prohibit shipping of livestock from previously positive premises. Information was updated pertaining to identification for sheep intended for exhibition; and information related to flock plans was added in order to provide clarity for users of the rule with regard to the steps they must take once their premises are placed under quarantine and before any such quarantine will be released into either a flock plan or Post-Exposure Management and Monitoring Plan. Part 5 was removed and incorporated into Part 4 as there was a lot of overlap between these two Parts. The State Veterinarian can contact the owner of any scrapie exposed animals pertaining to the disposition of the exposed animals. Information was added about Livestock Markets; Part 7 was deleted; information regarding testing of infected flocks was moved to Part 4.3.6; and the rule has been renumbered to bring uniformity within the rule to its numbering convention. 8.5. Adopted June 8, 2022 – Effective July 30, 2022 Statutory Authority This rule is amended and adopted pursuant to the Commissioner’s authorities found at § 35-50-105(3)(a), (c), (f), (h), and (p), C.R.S.

Purpose The revisions to these Rules incorporate changes as a result of the Department’s Regulatory Efficiency Review Process, as well as to bring this rule into alignment with recent updates to federal rules and regulations pertaining to the importation of sheep and goats.

Factual and Policy Issues In 2021, USDA-APHIS revised its rule, “Importation of Sheep, Goats, and Certain Other Ruminants,” effective January 3, 2022. Because Colorado is a scrapie-compliant state, the Department of Agriculture needed to update this rule set to comport its rule to USDA’s 2021 amendments to maintain Colorado’s compliance. USDA’s revisions provided revised definitions and introduced new, key terms. This rule change updates language in the rule to bring it into conformity with national disease prevention terms, definitions, and standards, and it clarifies the identification requirements for Canada and Mexico-origin sheep and goats that are imported into Colorado.

Specific Purpose of the Rulemaking In Part 1.1 the reviewers added a definition for “administrator.”

In Part 1.7, the reviewers added a definition for “country mark,” which is a new term for this rule.

In Part 1.17 the reviewers added a definition for “goat.”

In Part 1.30 the reviewers added a definition for “sheep.”

In Part 2.1 additional language was added to clarify that all breeding sheep and goats imported into Colorado, whether interstate or international, must be accompanied by a CVI and CDA-issued import permit.

In Part 2.5 new language was added to require a permanent country mark and other official ID for all sheep and goats imported from Canada or Mexico.

In Part 3.2 new language was added to clarify that all wether sheep and goats over 18 months of age must be identified with official identification for purposes of transfer of ownership or for exhibition in Colorado.

In Part 4.1 additional language was added to clarify that the state veterinarian must conduct an investigation within seven days upon notice of a scrapie infection in a flock.

Part 4.1.2 was expanded to include language that the USDA will determine a designation of infected or source flock within 15 days.

A new Part 5.2 was added to stipulate that the State Veterinarian will conduct tracebacks of scrapiepositive animals and trace outs of high-risk and exposed animals and report any out-of-State traces to the appropriate State within 45 days of receipt of notification of a scrapie-positive animal. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/30/2017.

Entire rule eff. 07/30/2022.

8 CCR 1201-17 Concerning the Prevention of Disease in Alternative Livestock {#sec-8-ccr-1201-17 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-17}

DEPARTMENT OF AGRICULTURE

CONCERNING THE PREVENTION OF DISEASE IN ALTERNATIVE LIVESTOCK

8 CCR 1201-17 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definition and construction of terms. 1.1. “Accredited veterinarian” means an individual who is currently licensed and in good standing with a veterinary licensing board or agency in any state of the United States or the District of Columbia to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. 1.2. “Alternative livestock” means any domesticated elk or fallow deer as such are classified as alternative livestock pursuant to this article. Alternative livestock shall not be considered wildlife for purposes of this article. 1.3. “Alternative livestock farm” means any real property licensed by the State Board of Stock Inspection pursuant to § 35-41.5-104, 106 and 107, C.R.S. 1.4. “Animal and Plant Health Inspection Service (APHIS)” means the agency in the United States Department of Agriculture known as the Animal and Plant Health Inspection Service. 1.5. “Certificate of veterinary inspection (CVI)” means an official document issued by an accredited veterinarian at the point of origin of a shipment of livestock. The document shall include the date; the physical location of origin; the name and mailing address of the consignor; the physical location of the destination; the name and mailing address of the consignee; the age, sex, number, and breed of the livestock; sufficient identification marks, tags or other identification as may be approved by the State Veterinarian, to positively identify livestock; and the results of all required tests. Such document shall also include a statement verifying that the livestock identified on the document have been inspected and that they are free from clinical signs of any contagious, infectious, or communicable diseases and that the livestock do not originate from an area of quarantine, infestation, or infection. A certificate of veterinary inspection is valid for thirty (30) days after the date of issuance. 1.6. “Chronic Wasting Disease (CWD)” means a transmissible spongiform encephalopathy of cervids. 1.7. “CWD Surveillance Status” means the period of consecutive months during which an alternative livestock farm: 1) has submitted the required biological samples from all domesticated elk mortalities 12 months of age and older, regardless of cause; 2) and when all such tests have proven negative for CWD; and 3) when all external domesticated elk additions to the herd originated from a herd with equal or higher CWD Surveillance Status. 1.8. “Domesticated elk” means any elk kept, maintained, or possessed pursuant to an alternative livestock farm license issued pursuant to 35-41.5-101, et seq., C.R.S. 1.9 “Herd plan” means a plan approved by Colorado Department of Agriculture, Colorado Parks and Wildlife (CPW), and the USDA Area Veterinarian in Charge to replace a quarantine previously issued by the State Veterinarian to an alternative livestock farm that has tested positive for the presence of CWD. A herd plan sets forth how the herd and farm must be managed to minimize the spread of CWD infection. 1.10. “Official identification device or method” means a means approved by the Administrator of the USDA APHIS for applying an official identification number to an animal of a specific species or associating an official identification number with an animal or group of animals of a specific species or otherwise officially identifying an animal or group of animals. 1.11. “State Veterinarian” means the veterinarian designated by the Commissioner of the Colorado Department of Agriculture and the director of the Division of Animal Health, Colorado Department of Agriculture.

Part 2. Surveillance for Chronic Wasting Disease in Domesticated Elk, Quarantine and Depopulation 2.1. Except as set forth in Part 2.5 a mandatory CWD surveillance program applies to all Colorado licensed alternative livestock farms, as set forth below: 2.1.1. Brain tissue, retropharyngeal lymph nodes, and any other tissue or other appropriate sample must be submitted for examination, as directed by the State Veterinarian, of domesticated elk 12 months of age or older that die for any reason, within 15 working days of any mortality. If the USDA testing requirement is lower than 12 months of age, the USDA requirement shall apply. Notice must be given to the State Veterinarian if the specimen condition is questionable or unusable. If any animal or animals remain untested or unaccounted for or cause of death is otherwise unknown or in question, CWD Surveillance Status may be determined by taking into consideration the possibility of predation, theft, or other relevant factors, or CWD Surveillance Status may be reduced to the date the untested or unaccounted for animal or animals with the unknown or questionable cause of death were introduced into the herd. After initial CWD Surveillance Status is determined, the State Veterinarian will update CWD Surveillance Status annually thereafter. If CWD is detected in any animal, the CWD Surveillance Status of the herd exposed to such animal will be reduced to 0 months unless CPW and the State Veterinarian agree otherwise. 2.1.2. The tissues/samples must be submitted for testing to a laboratory designated by the State Veterinarian. All sample results, regardless of result, must be reported to the State Veterinarian’s Office. 2.1.3. The costs of sampling and testing will be borne by the Colorado licensed alternative livestock farm. 2.2. CWD clinically suspect animals tested in connection with slaughter must be held, with carcasses intact, until the test results for the sample are obtained. If the test is positive for CWD, the carcass of the affected animal must be destroyed by a means approved by the State Veterinarian. 2.3. A positive diagnosis of CWD in an alternative livestock farm, including in a wild cervid within the exterior boundaries of the farm, shall subject the herd to immediate quarantine by the State Veterinarian. The quarantine shall remain in place and no re-stocking of any domesticated elk will be allowed, including, but not limited to, stocking for the purposes of the operation of a terminal farm, until a herd plan has been successfully developed and approved as set forth in these rules. 2.4. Each Colorado licensed alternative livestock farm shall comply fully with tissue submission, reporting of test results, investigation of the origin of test positive animals and quarantine measures. 2.5. A Colorado alternative livestock producer who has had no CWD positive tests in the previous 60 months and who has at least 60 months of CWD surveillance status may apply to the Commissioner for a waiver from the requirements of this Part 2. Such application for waiver must be made on a form approved by the Commissioner. 2.5.1 Once approved for waiver, any approved Colorado alternative livestock producer who imports animals from another farm with at least 60 months of CWD surveillance status, and who harvest any such imported animal within 12 months of importation, must alternatively store the brain specimens and retropharyngeal lymph nodes of each animal harvested from that producer’s farm for a period of no less than three years rather than submitting the samples for testing. 2.5.2 In the event any animal tests positive or is diagnosed CWD-positive either at the owner’s farm or at any premises-of-origin, the producer must submit all such stored samples for testing within 15 working days of receiving notice of the CWD diagnosis or of the positive test results. In all such circumstances, the producer must pay for all associated testing expenses.

Part 3. Requirements for Movement of Alternative Livestock 3.1 Interstate Movements - Imports 3.1.1. Prior to importation of alternative livestock, whether by the importation of live animals, gametes, eggs, sperm, or other genetic material, into the State of Colorado, the importing party must obtain a CVI from an Accredited Veterinarian and an import permit from the Colorado State Veterinarian's office. Said CVI shall require that the alternative livestock meet genetic purity requirements as established by the Parks and Wildlife Commission. 3.1.2. All alternative livestock imported into Colorado must be examined by an accredited veterinarian prior to importation and must be accompanied by a valid CVI issued pursuant to § 35-50-102, C.R.S., certifying disease free status. 3.1.2.1. Minimum specific disease testing results and/or health statements must be included on the CVI. 3.1.3. All alternative livestock imported into Colorado must be tagged with an official identification device and a bangle or ranch tag to identify ownership. 3.1.4. Any alternative livestock imported into Colorado must originate from a herd determined to be tuberculosis monitored, qualified or accredited under the official Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 1, 1999, as amended by VS Bulletin 2018.02, “Animal Additions to Tuberculosis (TB)-Accredited Cervid Herds,”

(“UM&R”) as approved by the USDA, APHIS (US Federal Building, Room 729, Hyattsville, MD 20782), and must have been a part of said herd not less than 12 months prior to import into Colorado, unless the animal is a natural born addition. Otherwise, all importation of alternative livestock into Colorado from out of state requires compliance with the Bovine Tuberculosis Eradication Uniform Methods and Rules and VS Bulletin 2018.02, “Animal Additions to Tuberculosis (TB)-Accredited Cervid Herds.” Certified copies of the UM&R and VS Bulletin 2018.02 are available for public inspection and copies may be obtained or examined by contacting the Colorado State Veterinarian at the Colorado State Veterinarian's Office, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021 during regular business hours. Further, the incorporated material may be examined at any state publications depository library or online at http://www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/downloads/bovtb umr.pdf (for the UM&R) and at chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fww w.aphis.usda.gov%2Fanimal_health%2Fanimal_diseases%2Ftuberculosis%2Fdownload s%2Fcervid-tb-additions.pdf&clen=128499&chunk=true (for the VS Bulletin). This bulletin indicates that it supplements the 1999 UM&R that have been adopted by the Director of the Federal Register and incorporated by reference into 9 CFR Part 77. No later amendments or additions to or editions of the Bovine Tuberculosis Eradication Uniform Methods and Rules are incorporated into this Rule. 3.1.4.1. However, testing of herds shall include all cervidae 12 months of age and over, and any animals under 12 months of age that are not natural additions to the herd. 3.1.5. All alternative livestock must be tested and found to be negative for any diseases as specified by the State Veterinarian prior to importation into Colorado. 3.1.6. If the State Veterinarian determines the need for quarantine, imported alternative livestock must be quarantined on arrival at an alternative livestock farm as specified by the State Veterinarian. 3.1.7. Movement of all domesticated elk imported into the State of Colorado must be from a herd that has CWD Surveillance Status of at least 60 months. 3.1.7.1. Acceptable surveillance shall include: 3.1.7.1.1. Brain tissue, retropharyngeal lymph nodes, and any other tissue or appropriate sample must be submitted for all mortalities 12 months of age and older, regardless of cause of death, to a laboratory approved by the State Veterinarian conducting generally accepted tests to determine whether the cervid was infected with CWD; unless the USDA testing requirement is lower than 12 months of age, in which case the USDA requirement applies; 3.1.7.1.2. Official animal identification device and source-herd premises information on all animals imported and in the herd of origin; 3.1.7.1.3. At least an annual inventory of all animals, including mortalities and imports, that is verified by an accredited veterinarian, state, or federal animal health official; 3.1.7.1.4. Documentation that confirms that all mortalities have been submitted for CWD testing, including the laboratory reports of test results, which must be provided to the Colorado State Veterinarian's office, along with a reconciled death and sold inventory for the herd of origin. In addition, a statement by the exporting state's animal health officials or accredited veterinarian attesting that the herd of origin has met these requirements must be submitted. 3.1.7.1.5. If any animal or animals remain untested or unaccounted for or cause of death is otherwise unknown or in question, CPW and CDA will evaluate the associated risk when reviewing movement requests, taking into consideration the possibility of predation, theft, or other relevant factors. 3.1.8 All import requests must be accompanied by a statement or certificate by the exporting state's animal health official attesting that the herd of origin is Herd Certification Program (HCP) certified. 3.1.9. When all required surveillance documents have been received, the State Veterinarian shall forward all documents to CPW for review and approval that the herd meets the minimum import requirements for CWD surveillance. The State Veterinarian and CPW shall have 5 business days to review all necessary surveillance documents 3.1.10. The Department will only issue a permit number if the destination farm is licensed as an alternative livestock farm by the State Board of Stock Inspection Commissioners or as a captive wildlife facility licensed by CPW and all requirements of Part 3.1., including any sub-parts, of these rules have been met. No importation permit may be issued prior to authorization from CPW. 3.2. Interstate Movements – Exports 3.2.1 All alternative livestock exported from Colorado must be from a herd that is part of the voluntary herd certification program, must comply with the “UM&R”, which publication is incorporated into these rules in Part 3.1.4., and comply with the state of destination’s regulations. 3.3. Intrastate Movement 3.3.1. Prior approval is required for all movement of alternative livestock within the state; after determination by CPW and CDA that the movement does not present a substantial risk of spreading CWD, based on the location of the source and receiving farms, presence of CWD in the wild in proximity to the farms, length of surveillance at the source farm, and other relevant factors. Provided, however, that if the receiving farm’s CWD surveillance Status is higher than the source farm's CWD Surveillance Status, the receiving farm shall assume and have the lower CWD Surveillance Status. 3.3.2. Upon receipt of any request to move alternative livestock within the state, the State Veterinarian shall forward the request and all necessary documentation, including, but not limited to, the CWD surveillance Status records for the farms involved, to CPW for review and approval. The State Veterinarian and CPW shall have 5 business days to review all necessary surveillance documents 3.3.3. No evaluation of determination of CWD risk is required for alternative livestock shipped directly to slaughter or to a biosecure farm approved by CPW and CDA. 3.4. When the Commissioner has reasonable grounds to believe that a violation of this Part 3 has occurred, the Commissioner may quarantine, both the source, if an in-state farm, and the receiving alternative livestock farms. In addition, the State Veterinarian may reduce the CWD Surveillance Status as deemed appropriate, including reducing the status to zero (0) months. The State Veterinarian may take into account mitigating circumstances when determining other penalties. Egregious violations may result in revocation of the alternative livestock license after appropriate hearing before the State Board of Stock Inspection Commissioners.

Part 4. Cervidae Disease Revolving Fund 4.1. An assessment of eight dollars ($8) will be assessed for each head of alternative livestock and captive wildlife cervidae per year. The assessment shall be paid by the owners of alternative livestock and captive wildlife cervidae based on the inventory of a licensed alternative livestock farm and licensed location where captive wildlife cervidae are kept and paid to the Cervidae Disease Fund. 4.2. The Agricultural Commission shall cease making assessments if the fund reaches a level of two hundred thousand dollars until such time as the level of the fund falls below two hundred thousand dollars and the Commission determines that a levy is necessary. 4.3. The Commissioner of Agriculture, upon the recommendation of the State Veterinarian and with approval of the Agricultural Commission, may authorize the payment of indemnity to any alternative livestock owner or captive wildlife cervidae owner whose herd is voluntarily sold for slaughter because it is exposed to an infectious or contagious disease; however, such indemnification when combined with other monies received by the owner of the alternative livestock or captive wildlife cervidae, may not exceed eighty percent of the market value for animals of comparable grade and of the same or similar type.

Part 5. Voluntary Herd Certification Program 5.1. Any owner of an alternative livestock farm may apply to enroll in the Herd Certification Program by sending a written request to the department. 5.2. CDA will evaluate and determine the herd's eligibility, and if needed will require the owner to submit more details about the herd animals and operations. 5.3. An application for participation may be denied if CDA determines that the applicant has previously violated state or federal laws or regulations and that the nature of the violation indicates that the applicant may not faithfully comply with the requirements of the CWD herd certification program. 5.4. After determining that the herd is eligible to participate in the voluntary herd certification program, CDA will send the herd owner a notice of enrollment that includes the herd’s enrollment date.

Parts 6-9 Reserved

Part 10 Statements of Basis, Specific Statutory Authority, and Purpose 10.1 Adopted April 29, 2003 - Effective July 30, 2003 The statutory basis for this rule is §§35-50-10135-50-106, 35-50-111, 35-50-144 C.R.S., Prevention and Eradication of Diseases; 35-53-111, C.R.S., Sanitary rules as to movement of livestock - quarantine penalty.

Parts 1, 2, and 3 were previously approved by the Colorado Agricultural Commission on April 17, 1998 and July 22, 1998. The Commission approved these parts as rules also adopted by the State Board of Stock Inspection (Brand Board) on July 8, 1998. Part 5 was adopted by the Brand Board and is moved to Division of Animal Industry as the implementing agency for collecting and disbursing proceeds of the Cervidae Disease fund. Minor changes were made to Part 5 to delete portions repeated elsewhere in Brand Board rules. Portions of these rules were amended to implement the “Memorandum of Agreement Between the Colorado Department of Agriculture and the Colorado Department of Natural Resources, Division of Wildlife for Development of a Coordinated State Program to Address Chronic Wasting Disease” and to clarify the process by which approval is granted to import Alternative Livestock into and within the State of Colorado. 10.2 Adopted September 25, 2003 - Effective December 1, 2003 The statutory basis for this rule is §§35-50-101 35-50-106, 35-50-111, 35-50-144 C.R.S.(2002), Prevention and Eradication of Diseases; 35-53-111, C.R.S. (2002), Sanitary rules as to movement of livestock -quarantine - penalty.

This rule is amended to clarify the incorporation by reference of the Uniform Methods and Rules adopted by USDA regarding the control of tuberculosis in cervidae (subsection 2.4). 10.3. Adopted: November 10, 2015 - Effective: December 31, 2015 SPECIFIC STATUTORY AUTHORITY The specific statutory authority of this Rule is located in §§ 35-50-105(3)(a), (c), (d), (f), (h), (j), (p) and (q); and 35-53-111, C.R.S., which cumulatively grant authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt Rules related to designations of livestock disease for control and reporting purposes; health standards for importation of livestock; standards for livestock health certificates; livestock testing for contagious or infectious disease; standards for disease surveillance among and in livestock; standards and requirements for identification and traceability of livestock; and sanitary rules as to movement of livestock.

The purpose of this rule-making is to provide revisions to portions of the Rules “Concerning the Prevention of Disease in Alternative Livestock” to make the Rules easier to read and understand while updating the Rules to reflect changes in disease detection, surveillance, testing, and monitoring. These changes in this rule-making reflect the efforts of the reviewers to achieve the dual goal of protecting Colorado’s alternative livestock industry from disease while providing an environment where that industry may thrive.

The definitions within this Rule have been updated to bring consistency to all definitions used in the Animal Health Division of the Department of Agriculture. The reviewers sought to clarify sentences, update language, remove duplicative terms, and increase overall readability of the Rules in accord with the Department's Regulatory Efficiency Review Process.

Factual Policy and Issues Since the last modification of these Rules, the Colorado Division of Wildlife has become the Colorado Division of Parks and Wildlife. This name change and the division’s acronym, “CPW,” have been changed within this Rule. The reviewers noted that portions of the Rule were duplicative and unnecessary.

Specifically, Part 2 of the Rules was removed and combined with what is now Part 3.

The United States Department of Agriculture now requires that tissue samples be submitted from all alternative livestock from certified herds that are 12 months of age and older. This Rule changes the previous requirement from 16 months to 12 months to comply with the USDA standard.

References to disciplinary actions that the Department might take were removed because the organic act controls such actions, and duplication of that information into the Rules is unnecessary.

Additionally, as knowledge and understanding of Chronic Wasting Disease has evolved, approaches to monitoring, testing, and prevention have changed. The changes to these Rules adopt those modifications where necessary. 10.4. Adopted April 12, 2017 - Effective May 30, 2017 Specific Statutory Authority The specific statutory authority of this Rule is located in §§ 35-50-105(3)(h) and (p), C.R.S., which grant

authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt rules regarding standards for disease surveillance among and in livestock and standards and requirements for prevention of diseases in livestock.

The purpose of this rule-making is to create a waiver process whereby an alternative livestock producer who has monitored his herd for the immediate past 60 months without any indication of CWD within that 60-month time period may apply for a waiver from the requirement to send specimens from every elk or fallow deer that dies on-premises to CSU for testing. The change permits alternative livestock producers to store their collected samples on-site, rather than ship the samples and pay for immediate testing.

The definition of “CWD Surveillance Status” adds the phrase “and retropharyngeal lymph nodes” to “brain specimen” to indicate all the parts of the animal that must be submitted for testing for CWD.

Factual Policy and Issues The changes in this rule-making came about at the request of producers. The reviewers considered this change, analyzed it in comparison to national standards, and agreed to implement it as a means of reducing economic burden on producers whose under-surveillance herds do not pose a significant threat to future spread of CWD. Additionally, the reviewers conferred with Colorado Parks and Wildlife and received support. 10.5 Adopted April 13, 2022 – June 15, 2022 Specific Statutory Authority The specific statutory authority of this Rule is located in § 35-50-105(3)(h) and (p), C.R.S., which grant

authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt rules regarding standards for disease surveillance among and in livestock and standards and requirements for prevention of diseases in livestock.

The revisions to these Rules incorporate changes as a result of the Department’s Regulatory Efficiency Review Process, as well as the desire by the alternative livestock industry in Colorado to remove the Chronic Wasting Disease (CWD) testing requirement for fallow deer and the tuberculosis (TB) testing requirement for in-state animal movement.

Factual and Policy Issues As of the date of this review, no research has proven that fallow deer can contract CWD under natural conditions. As such, the USDA does not consider fallow deer as a susceptible species and few states require CWD testing of fallow deer. For these reasons, the reviewers removed the requirement for captive fallow deer to be tested for CWD.

CDA received a request to remove the requirement of TB testing or certification prior to in-state movement of alternative livestock. After checking with the states of South Dakota, Utah, and Idaho none of those states requires TB testing prior to in-state movement of animals. Furthermore, CDA does not have any records of TB being transmitted via in-state movement of alternative livestock. For these reasons, the reviewers removed the TB testing or certification requirement prior to in-state movement.

Written comments were received requesting that the requirement in section 1.9 for the USDA Area Veterinarian in Charge to approve the herd plan be removed. Staff reviewed this requirement during the stakeholder process and noted that is included in a Memorandum of Understanding with the USDA and that it is also required in the Code of Federal Regulations.

Specific Purpose of the Rulemaking In Part 1.2 the reviewers changed the definition of “alternative livestock” to reflect the language in § 35- 41.5-102(1) C.R.S.

In Part 1.6, the reviewers updated the definition of “chronic wasting disease” to be consistent with CFR § 81.1.

The reviewers added additional clarification in Part 1.7. to define more clearly “CWD surveillance status.”

A new definition of “domesticated elk” was added in Part 1.8. to be able to separate out domesticated elk from fallow deer which are also included in the definition of “alternative livestock”. This new definition was needed since fallow deer no longer require CWD testing.

In Part 1.9, the reviewers added that the USDA Area Veterinarian in Charge must also sign herd plans per CFR § 55.1 and the joint USDA/CDA Herd Certification Program Memorandum of Understanding.

The definition of “transmissible spongiform encephalopathy (TSE)” was removed as this term is only used in the definition of CWD.

In Part 2.1.1, the reviewers changed the term “alternative livestock” to “domesticated elk” indicating that only domesticated elk need to submit samples for CWD testing.

In Part 2.1.2, the reviewers added that all sample results, regardless of result, must be reported to the State Veterinarian’s Office.

In Part 3. the reviewers created new categories for interstate import, interstate export, and instate movement to better clarify movement requirements.

In Part 3.1.1, the reviewers added language to clarify that the importing party must obtain a CVI from an accredited veterinarian and an import permit from the Colorado State Veterinarians Office. Previous language could have been misconstrued that the CVI would be obtained from the Colorado State Veterinarian’s Office.

In Part 3.1.4, the reviewers updated the USDA Bovine Tuberculosis Eradication Uniform Methods and Rules to the 2005 edition. Upon further consideration, the reviewers removed the incorporation of other standards deemed by the state veterinarian to be equivalent and noted that Part 9 of the Code of Federal Regulations incorporates only the 1999 edition of the UM&R and that USDA-APHIS had, in 2018, issued VS Bulletin 2018.02 to amend the 1999 edition of the UM&R. Thus, it was determined that the rules should continue to incorporate the 1999 UM&R as well as incorporating the amendment into these rules.

In Part 3.1.7.1.2, the reviewers added that acceptable surveillance shall include source-herd premises information.

The reviewers added Part 3.1.8. clarifying that all import requests must be accompanied by a statement or certificate by the exporting state's animal health official attesting that the herd of origin is Herd Certification Program (HCP) certified as directed by CFR § 81.3.

Part 3.2.1 was added to clarify interstate exports must comply with the UM&R.

The reviewers added Part 5. to establish enrollment requirements of the Herd Certification Program. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/31/2015.

Parts 1.7, 2.1, 2.5, 3.4, 10.4 eff. 05/30/2017.

Entire rule eff. 06/15/2022.

8 CCR 1201-18 Bureau of Animal Protection Rules {#sec-8-ccr-1201-18 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-18}

DEPARTMENT OF AGRICULTURE

BUREAU OF ANIMAL PROTECTION RULES

8 CCR 1201-18 [Editor’s Notes follow the text of the rules at the end of this CCR Document] _________________________________________________________________________

Part 1. Definitions As used in this document, unless the context otherwise requires: 1.1. “Abandon” means the leaving of an animal without adequate provisions for the animal’s proper care by its owner, the person responsible for the animal’s care or custody, or any other person having possession of such an animal. 1.2. “Animal” means any living dumb creature. 1.3. “Commissioned agent” or “agent” means an agent of the Bureau of Animal Protection approved by the Colorado Agricultural Commission and appointed by the Commissioner. 1.3.1. “Non-profit agent” means a commissioned agent of the Bureau of Animal Protection who is employed by a Colorado non-profit agency. 1.3.2. “Municipal agent” means a commissioned agent of the Bureau of Animal Protection who is employed by a county, city, or other municipal organization. 1.3.3. “Law enforcement agent” means a commissioned agent of the Bureau of Animal Protection who is employed by a law enforcement agency and whose employment relationship defines the scope of the agent’s law-enforcement authorities. 1.3.4. “Colorado Department of Agriculture agent” means an agent of the Bureau of Animal Protection who is employed by the department’s Division of Animal Health or the Division of Brand Inspection. 1.4. “Commissioner” means the Colorado Commissioner of Agriculture or his or her designee. 1.5. “Companion Animal” means domestic dogs, domestic cats, small pet birds, and other nonlivestock species. 1.6. “Cruelty to Animals” means criminal offenses set forth in part 2 of article 9 of title 18, C.R.S. 1.7. “Department” means the Colorado Department of Agriculture. 1.8. “Euthanasia: means to produce a humane death by techniques accepted by the American Veterinary Medical Association as defined at section 18-9-201(2.7), C.R.S. 1.9. “Investigation” means a fact-finding process to gather evidence to support a criminal charge of cruelty to animals, or to support a civil charge for neglect, mistreatment, or abandonment of an animal. 1.10. “Livestock” means cattle, swine, sheep, goats, and such horses, mules, asses, and other animals used in the farm or ranch production of food, fiber, or other products defined by the Commissioner as agricultural products. 1.11. “Mistreat” means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. 1.12. “Neglect” means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal’s health and well-being consistent with species, breed, and type of animal.

Part 2. Agent Authorities 2.1. Civil Investigations, Allegations of Mistreatment, Abandonment, or Neglect 2.1.1. An agent may gather evidence, including interviewing witnesses, to establish the probable cause necessary to support an allegation that a person has committed a civil violation of mistreatment, neglect, or abandonment of an animal in any circumstance so that the animal’s life or health is in danger. If necessary, the Commissioner may authorize an agent, in conjunction with the Department of Agriculture and the Office of the Attorney General, to obtain an administrative search warrant. 2.1.2. Of the four classifications of commissioned agents defined above in Part 1.3, the

authority to investigate an allegation that any person has committed a civil violation of mistreatment, neglect, or abandonment of any livestock in any circumstance so that the livestock’s life or health is in danger is restricted to Colorado Department of Agriculture agents as well as law enforcement agents employed by a sheriff and within their jurisdiction. 2.2. Criminal Investigations, Summons and Complaints, Misdemeanor Cruelty to Animals 2.2.1. An agent may issue a criminal summons and complaint to enforce the provisions of part 2 of article 9 of title 18 as granted peace officers under section 16-2-104, C.R.S., which provides, “A summons and complaint may be issued by a peace officer for an offense constituting a misdemeanor or a petty offense committed in his presence or, if not committed in his presence, which he has probable cause to believe was committed and has probable cause to believe was committed by the person charged.” Section 16-2-104, C.R.S. 2.2.2. To establish the probable cause necessary to issue a summons and complaint for an alleged misdemeanor violation of cruelty to animals, an agent may gather necessary evidence, including interviewing witnesses, except when gathering evidence would require the execution of a criminal search warrant. An agent may not execute a criminal search warrant. 2.2.3. Of the four classifications of commissioned agents defined above in Part 1.3, the

authority to investigate alleged criminal offenses of animal cruelty involving livestock is restricted to Colorado Department of Agriculture agents as well as law enforcement agents employed by a sheriff and within their jurisdiction. 2.3. Provide Adequate Food and Water to Confined Animals If any animal is found to be confined without adequate food and water, an agent may as necessary enter into any and upon any area or building where such animal is confined and supply it with adequate food and water. 2.3.1. Such entry by an agent shall not be made into any building which is a person’s residence. 2.3.2. The agent must post a Notice of Entry and Care at an entrance to or at a conspicuous place upon such area or building where such animal is confined. 2.3.3. In the case of a companion animal, if such animal is not cared for by a person other than an agent or officer of the bureau or a peace officer or veterinarian within seventy-two hours of the posting a Notice of Entry and Care, such animal shall be presumed to have been abandoned under circumstances in which the animal’s life or health is endangered. 2.3.3.1. An agent may refer this circumstance of abandonment to the commissioner’s designee for potential civil proceedings; or, 2.3.3.2. An agent may issue a criminal summons and complaint for a misdemeanor cruelty to animals offense. 2.4. Lawful Interference to prevent mistreatment, neglect, abandonment or cruelty An agent may lawfully interfere to prevent the perpetration of an act of mistreatment, neglect, abandonment, or cruelty, pursuant to part 2 of article 9 of title 18, C.R.S., which act occurs in his or her presence. 2.5. Euthanasia Any agent may lawfully euthanize or cause to be euthanized any animal in his or her charge when, in the judgment of such agent, and in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery. In the event a licensed veterinarian is not available, the animal may be euthanized by an agent if, by the written certificate of two persons, one of whom may be selected by the owner if the owner so requests, called to view the animal in the presence of the agent, the animal appears to be severely injured past recovery, severely disabled past recovery, severely diseased past recovery, or unfit for any useful purpose.

Part 3. Agent Training Requirements In addition to the applicable requirements set forth in section 35-42-107 C.R.S., each applicant must satisfy the requirements set forth below to be eligible to receive a commission, unless the Commissioner determines that an applicant's experience and training constitute equivalent qualification for a commission. 3.1. 40 hours of prior training, to include: 3.1.1. Legal authority for investigations to include the constitutional rights of property owners; 3.1.2. Animal care, behavior, and handling; 3.1.3. Occupational safety; 3.1.4. Crisis intervention and conflict resolution; 3.1.5. Report writing; 3.1.6. Professionalism and ethics; 3.1.7. Animal husbandry and body condition scoring; and 3.1.8. Optional training, which may include but is not limited to: 3.1.8.1. Cost of Care; 3.1.8.2. Evidence collection and chain of custody; 3.1.8.3. Courtroom preparation; and 3.1.8.4. Cross reporting. 3.2. Equine endorsement: anyone who desires an equine endorsement must complete a minimum of 8 hours of equine husbandry and body condition scoring training. 3.3. Training provided by the Colorado Department of Agriculture, to include, a minimum: 3.3.1. Colorado laws including Colorado Revised Statutes Titles 18 and 35; 3.3.2. An Agent’s scope and range of authority; and 3.3.3. Bureau of Animal Protection Rules 8 CCR 1201-18. 3.4. One year of experience in regulatory or code enforcement, animal care and control, or animal cruelty Investigations.

Part 4. Continuing Education, Terms of Commissions and of Renewals, and Revocation 4.1. Continuing Education: 32 hours of continuing education and training must be completed every 2 years. Continuing education must include at least 2 hours of Colorado Department of Agriculture provided training on program updates; 8 hours of investigations, search and seizure, report writing, or courtroom preparation; 4 hours of animal care, husbandry, handling, or body condition scoring. For equine-endorsed agents, each such agent must also complete 4 hours of equine husbandry, handling, or body condition scoring. 4.1.1. Continuing education course information must be submitted to the Colorado Department of Agriculture for approval and must be submitted and approved prior to a training course being offered as continuing education. 4.1.2. No training course submitted for approval will be considered valid until it receives the Commissioner’s approval. A wide variety of training falls within the scope of BAP agent

authority, and will be considered by the Commissioner. 4.2 Any agent who has not been previously commissioned within the past two years must conduct and coordinate at least one investigation with the Department. The coordination should occur for a case within six months of receiving a commission or for the first case that the agent investigates. Such coordination includes, but is not limited to: notifying the Department of the planned investigation before it begins; weekly updates to the Department on the status of the investigation and any actions taken or planned to be taken; and a final meeting after the investigation to discuss and analyze the investigation and its outcome. 4.3. Term of Commission: Each commission shall remain valid for the period of two calendar years from the date it is issued unless revoked by the Commissioner prior to expiration. 4.4. Renewal of Commission: A commissioned agent who desires to continue as a commissioned agent must apply for renewal every two years, providing with such application for renewal, at a minimum: 4.4.1. Employment Information: Current employer name, address, phone, category, and supervisor information; 4.4.2. Continuing Education: Evidence of completed, approved, continuing education credits, if applicable; 4.4.3. Statistics: Fully submitted statistics for the agent’s previous year’s activities; and 4.4.4. Additional Requirements of Commissioner: Any additional requirements or information that the Commissioner may request must be provided. 4.4.5. Term of Renewal: Recommissioned agents will be recommissioned for two years, subject to any subsequent determination by the Commissioner to revoke an agent’s commission. 4.5. Change or Termination of Employment 4.5.1. Any agent who changes employers and who desires that his or her commission continue to the new employer must, within 14 days of the change of employment, update the Commissioner with: 1) the date of the change of employment; 2) the name of the new employer; 3) a copy of the certificate of liability insurance if the agent is moving to a nonprofit agency; 4) a letter from the new employer affirming that the agent is authorized to act as a commissioned agent for the new employer; and 5) any other information as identified by the Commissioner in a change-of-employment form. 4.5.2. Any agent who terminates his or her employment and who does not transition to a different employer with the authority to employ commissioned agents may request that the Commissioner place the agent’s commission in an inactive status for the remainder of the unexpired term of the agent’s commission. 4.5.3. The Commissioner may reinstate the commission of any agent who requested that his or her commission be placed in an inactive status and whose commission has not yet expired if such agent accepts employment with an employer authorized to employ commissioned agents. 4.5.4. In no circumstance may the Commissioner renew an agent’s inactive commission. 4.5.5. The Commissioner may revoke the commission of any agent who does not report to the Commissioner such change in employment within 14 days. 4.5.6. The Commissioner may deny a request that a commission be placed in an inactive status if the agent does not make such request within 14 days of leaving the employ of an employer authorized to employ commissioned agents.

Part 5. Statistics and Reporting 5.1. Each agency must designate at least one representative to submit statistics to the Bureau of Animal Protection. 5.2. Statistics for each commissioned agent must be compiled and reported as part of the agency statistics. 5.3. Statistics for any given month are due on the 15th day of each subsequent month. 5.4. Statistics to be reported for the month must include: 5.4.1. Total number of investigations conducted pursuant to Parts 2.1 and 2.2 above; 5.4.2. Total number of summons and complaints issued for a misdemeanor violation of part 2 of

article 9 of title 18; 5.4.3. Total number of investigations conducted for a charge of Unlawful Ownership of Dangerous Dog; 5.4.4 Total number of summons and complaints issued for a charge of Unlawful Ownership of Dangerous Dog; 5.4.5. Total number of dogs seized and impounded as a result of an agent’s issuing a summons and complaint for a charge of Unlawful Ownership of Dangerous Dog; 5.4.6. Total number of premises an agent or agents entered to supply any animal or animals with adequate food or water; and 5.4.7. Total number of entries described in 5.4.6 in which the agent or agents entered to supply livestock with adequate food and water. 5.4.8. For each investigation an agent conducts pursuant to Part 2.1 above, the agent, or the agent’s designated representative, must submit a case report for each such investigation to the Department within a month after closing the case. The report must include a description of the complaint and the type of alleged mistreatment, what was observed during the investigation, the species being investigated, the outcomes of the investigation, and the date the case was closed.

Parts 6-8. Reserved

Part 9. Statements of Basis, Specific Statutory Authority and Purpose 9.1. Adopted April 4, 2003 – Effective June 30, 2003 The Colorado State Agricultural Commission adopts these rules pursuant to Section C.R.S. 35- 42-106.

The purpose of rule 1 is to inform the State Veterinarian's Office before any animal is impounded, and to protect the owner from having his animal(s) unnecessarily impounded, or to require an owner to post bond for an unnecessary impoundment.

The purpose of rule 2 is to have minimum education/experience requirements for BAP commission applicants.

The purpose of rule 3 is to provide choices in disciplinary action, other than commission revocation, for any problem that may arise regarding legal authority. 9.2. Adopted March 5, 2007 – Effective May 1, 2007 The Commissioner of Agriculture adopts these rules pursuant to § 35-42-106, C.R.S.

The purpose of rule 4 is to establish reporting requirements to aid the Bureau of Animal Protection in compiling accurate statistics to be reported to the Commissioner of Agriculture and other entities as requested. These statistics reflect work done by all agents of the Bureau as commissioned law enforcement officers as defined in § 35-42-107, C.R.S. 9.3. Adopted November 9, 2016- Effective December 30, 2016 The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at § 35- The purpose of these Rules is to identify and articulate the Commissioner’s authority with regard to administration of the Animal Protection Act. This Rule establishes how the Commissioner’s

authority is to be exercised with regard to assessment, inspection, and investigation of companion animals and of livestock. This Rule further establishes the processes and procedures in place for such inspections and investigations related to potential violations of the Animal Protection Act. Additionally, this Rule sets forth the training requirements and continuing education for individuals who desire to be agents and who are currently agents of the Bureau of Animal Protection. Finally, this Rule establishes the statistics that the Commissioner requires be kept with regard to enforcement of this Animal Protection Act and the manner by which those statistics must be reported to the Commissioner.

The Rules previously adopted pursuant to the Animal Protection Act had not been revised or updated since 2007. This rule-making completely replaces those Rules with updated, more userfriendly, and expanded Rules for enforcement of the Animal Protection Act. 9.4. Adopted April 11, 2018 – Effective May 30, 2018 The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §35- The purpose of this Rule is to make the statistics required for submission by Part 5 consistent with the definition of statistics as set forth in Part 1. This remedy not only streamlines reporting, but will more accurately capture how each unique agency utilizes the Commissioner’s authority.

In addition, because there is no substantive need for agents to return expired BAP commission cards to CDA that requirement is eliminated. 9.5. Adopted November 12, 2020 – Effective December 30, 2020 The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §35- The purpose of this rulemaking is to update the rule and to harmonize it with statutory amendments made to section 35-42-107(4), C.R.S., during the 2020 legislative session (SB 20- 104).

The changes to the rule define the investigative authorities of commissioned agents and remove distinctions related to inspections and assessments that had become unnecessary. The revisions to the rule remove unnecessary definitions, highlight the primary authorities of commissioned agents, distinguish which agents may investigate cases related to livestock consistent with the statutory restrictions, and clarify investigative authorities. Because revisions to 35-42-107(4), C.R.S., clarify that commissioned agents may investigate and issue misdemeanor summons and complaints to enforce the provisions of 18-9-201, et seq., the Department removed reference to unlawful ownership of a dangerous dog to avoid any appearance that the Department was selecting or limiting what provisions of 18-9-201, et seq., the agents could investigate for purposes of issuing misdemeanor summons and complaints.

The agency has also adjusted the statistics that the Commissioner will require agencies that employ agents report to the Commissioner. The revised statistics will inform the Commissioner’s understanding of the work BAP agents are doing in the field as agents of the Commissioner. In addition, this rule now identifies specific training necessary for an agent to receive an equine endorsement.

Changes to this rule provide specificity related to the Commissioner’s authority to place a commission in an inactive status, to reinstate a commission, and to revoke a commission should an agent fail to update the Commissioner with information related to a change in employment.

Finally, due to limited training opportunities during the 2020 calendar year as a result of COVID- 19, this Rule exempts the 2020 calendar year from an agent’s two-year continuing education accrual cycle. 9.6. Adopted December 14, 2022 – Effective February 15, 2023 The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §35-42-106, C.R.S.

The purpose of this rulemaking is to streamline the training, continuing education, renewal process, and statistics reporting for BAP agents.

This rule change extends the period that a commission is valid from one to two years, which coincides with the two-year period for continuing education. While the statute prescribes that a commission shall expire on the anniversary date of issuance, there is no statutory requirement that this be on the annual anniversary of the commission. The Department’s analysis concluded that extending a commission from one to two years will also result in a cost savings to the Department and commissioned agents.

This rule change also introduces a new requirement for first-time agents and agents who have not been commissioned during the previous two years. The rule will now require that such agents coordinate with the Department prior to and during at least one investigation during the first six months of a new commission. The Department, in consultation with stakeholders, determined that this coordination would enhance communication, build a working relationship between the Department and agents in the field, provide hands-on mentorship and guidance to new agents, and provide the Department with a better understanding of challenges agents face and how the Department can best support them.

This rule change also identifies specific training that the Department will require as part of the 32 hours of continuing education. With input from industry and stakeholders, the Department concluded that identifying specific areas of training would enhance agents’ overall knowledge, competence, and efficacy in the field.

Finally, the Department has also expanded the statistics that agents are required to report to the Commissioner to include that agents must submit a case report for each investigation conducted pursuant to part 2.1 of this rule set – civil investigations of allegations of mistreatment, neglect, or abandonment.

Such a report must be made within one month after an agent closes any such case. This additional information will inform the Department’s understanding of the work agents are doing in the field as the Commissioner’s commissioned agents.

The Department received and considered testimony that some agents will not conduct an investigation during the first six months of a new commission. The Department, therefore, has amended 4.2 to include the additional option of coordination on an agent’s first investigation undertaken using their BAP authority. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/01/2007.

Entire rule eff. 12/30/2016.

Rules 1.21, 4.3.3 - 4.3.5, 5.1.4.1 - 5.1.4.4, 9.4 eff. 05/30/2018.

Entire rule eff. 12/30/2020.

Rules Part 4, 5.4.8, 9.6 eff. 02/15/2023.

8 CCR 1201-19 Livestock Disease Control {#sec-8-ccr-1201-19 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-19}

Department of Agriculture LIVESTOCK DISEASE CONTROL 8 CCR 1201-19 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Part 1. Definitions, Incorporations by Reference, and Record Keeping 1.1. Definitions The following definitions apply to all parts of 8 CCR 1201-19 below except where any

part has a definition that is more specific in which case the specific controls over the general. 1.1.1. “ Accredited Veterinarian” means an individual who is currently licensed and in good standing with a veterinary licensing board or agency in any state of the United States or the District of Columbia to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. 1.1.2. “ Administrator” means The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. 1.1.3. “ Animal and Plant Health Inspection Services (APHIS)” means the agency in the United States Department of Agriculture known as the Animal and Plant Health Inspection Service. 1.1.4. “ Bison” means a bovid (genus Bison) commonly referred to as American bison or buffalo. 1.1.5. “ Certificate of Veterinary Inspection (CVI)” means an official document issued by an accredited veterinarian at the point of origin of a shipment of animals. The document shall include the date, the physical location of origin, the name and mailing address of the consignor; the physical location of destination, the name and mailing address of the consignee; the age, sex, number, and breed of the livestock; sufficient identifying marks, tags or other identification as may be approved by the State Veterinarian, to positively identify livestock; and the results of all required tests. Such document shall also include a statement verifying that the livestock identified on the document have been inspected and that they are free from clinical signs of any contagious, infectious, or communicable diseases and that the livestock do not originate from an area of quarantine, infestation, or infection. A certificate of veterinary inspection is valid for thirty (30) days after the date of issuance. 1.1.6. “ Colorado Approved Feedlot” means a confined feedlot area approved and recorded by the State Veterinarian or his or her authorized agent. The approved feedlot shall be maintained for growing and/or finish-feeding of animals in dry lot with no provisions for pasturing or grazing. Animals leaving such a feedlot must move directly to slaughter or to another Colorado Approved Feedlot and must be accompanied by a current brand inspection certificate where and when applicable. 1.1.7. “ Extended equine CVI (eeCVI)” means a CVI for equidae issued by an accredited veterinarian that is generated from a platform approved by the State Veterinarian. The eeCVI is valid for six months from the date of 1.1.8. “ Hold” means a temporary order issued by the state veterinarian when an infectious or contagious disease is suspected in livestock to isolate any specific livestock, premises, county, district, or section of the state; restrict the movement of livestock; and specify sanitary measures, pending completion of testing. 1.1.9. “ Import permit” means a permit issued by the State Veterinarian to an accredited veterinarian at the livestock’s point of origin and used for the interstate import into Colorado or intrastate movement of livestock within Colorado. 1.1.10. “Official eartag” means an identification tag approved by APHIS that bears an official identification number for individual animals.

Beginning March 11, 2014, all official eartags manufactured must bear an official eartag shield. Beginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resistant and have a high retention rate in the animal. 1.1.11. “Official eartag shield” means the shield-shaped graphic of the U.S.

Route Shield with “U.S.” or the State postal abbreviation or Tribal alpha code imprinted within the shield. 1.1.12. “Official identification device or method” means a method approved by the Administrator of USDA APHIS for applying an official identification number to an animal of a specific species or associating an official identification number with an animal or group of animals of a specific species or otherwise officially identifying an animal or group of animals. 1.1.13. “Official identification number” means a nationally unique number that is permanently associated with an animal or group of animals and that adheres to one of the following systems: 1.1.13.1. National Uniform Eartagging System (NUES). 1.1.13.2. Animal Identification Number (AIN). 1.1.13.3. Location-based number system. 1.1.13.4. Flock-based number system. 1.1.13.5. Any other numbering system approved by the Administrator for the official identification of animals. 1.1.14. “Officially identified” means identified by means of an official identification device or method approved by the Administrator. 1.1.15. “Owner” means the person or entity owning the livestock or property and the owner's officers, members, employees, agents, attorneys, and representatives. 1.1.16. “Premises Identification Number (PIN)” means a nationally unique number assigned by a state, tribal, or Federal animal health authority to a premises that is, in the judgment of the state, tribal, or Federal animal health authority, a geographically distinct location from other premises.

The premises identification number is associated with an address, geospatial coordinates, or location descriptors that provide a verifiably unique location. The premises identification number may be used in conjunction with a producer’s own livestock production numbering system to provide a unique identification number for an animal. It may also be used as a component of a group or lot identification number. 1.1.17. “Quarantine” means an order issued by the Commissioner when testing has confirmed the presence of an infectious or contagious disease in livestock, which order isolates specific livestock, premises, counties, districts, or sections of the state; restricts the movement of livestock; and specifies sanitary measures. 1.1.18. “Reportable Disease” means an infectious or contagious disease that the State Veterinarian has determined must be reported when suspected or diagnosed by any person or veterinarian. 1.1.19. “State or federal veterinarian” means a veterinarian employed by a state or federal regulatory agency. 1.1.20. ”State Veterinarian” means the veterinarian designated by the Commissioner of the Colorado Department of Agriculture as the director of the Division of Animal Health, Colorado Department of Agriculture. 1.1.21. “Test Eligible Cattle and Bison” means any one of the following: 1.1.21.1. Cattle and bison that are not official vaccinates and that have lost their first pair of temporary incisors (18 months of age or over), except steers and spayed heifers; 1.1.21.2. Official calfhood vaccinates 18 months of age or over that are parturient or post-parturient; 1.1.21.3. Official calfhood vaccinates of beef breeds or bison with the first pair of permanent incisors fully erupted (2 years of age or over); and 1.1.21.4. Official calfhood vaccinates of dairy breeds with partial eruption of the first pair of permanent incisors (20 months of age or over). 1.1.22. “VS Form 1-27 permit” means the official USDA Veterinary Services form used in transportation under sealed conveyance. 1.1.23. “Zoological park” means any park, building, cage, enclosure, or other structure or premises in which a live animal or animals are kept for public exhibition or viewing, regardless of compensation. 1.2. Incorporations by Reference 1.2.1. Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference in these Rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Animal Health Division, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: 1.2.1.1. APHIS Bulletin No. 91-45-013 (2013): https://www.aphis.usda.gov/animal_health/animal_diseases/brucell osis/downloads/risk_assessment_model.pdf; 1.2.1.2. APHIS Bulletin No. 91a-45-011 (2005): https://www.aphis.usda.gov/animal_health/animal_diseases/tuberc ulosis/downloads/tb-umr.pdf; 1.2.1.3. APHIS Bulletin No. 91-55-042 (1998): https://www.aphis.usda.gov/animal_health/animal_dis_spec/swine/ downloads/sbruumr.pdf; and 1.2.1.4. APHIS Bulletin No. 91-55-071 (2003): https://www.aphis.usda.gov/animal_health/animal_dis_spec/swine/ downloads/prv_program_standards.pdf. 1.3. Record Keeping 1.3.1. All livestock dealers, livestock auction markets and commission firms shall keep sufficient records for a minimum of five (5) years of all animals purchased for resale to enable any authorized agent to trace such animals satisfactorily to their herd of origin and to their disposition at the time of sale. 1.3.2. These records shall be made available to any authorized agent of the Colorado Department of Agriculture for the purpose of inspection or photocopying during normal business hours.

Part 2. Standards for Certificates of Veterinary Inspection 2.1. Requirements for Certificates of Veterinary Inspection 2.1.1. An official CVI is the legibly completed official form both written and electronically generated and approved by the state veterinarian of the state of origin and issued by a licensed accredited veterinarian. 2.1.1.1. Inspection for issuance of CVI must be completed in person by the accredited veterinarian. Virtual or telemedicine inspection is not accepted. 2.1.2. Such CVI shall include the originating state’s official seal or logo, certificate number, the date, the physical location of origin, the name, mailing address and phone number of the consignor; the physical location of destination; the name, mailing address, and phone number of the consignee; the age, sex, number, and breed of the livestock; purpose of movement; sufficient identifying marks, tags or other identification as may be approved by the State Veterinarian, to positively identify animals; and the results of all required tests. 2.1.3. Such CVI shall indicate the applicable area, herd, or flock disease status, and required disease test results necessary for importation to the state of destination. 2.1.4. Such CVI shall identify the type of carrier and their name and address.

Such CVI shall show the permit number when a permit is required. 2.1.5. The CVI shall also contain a statement by the accredited veterinarian that such animals are free from clinical signs of all contagious, infectious, or communicable diseases and do not originate from a premises, district or state of quarantine, infestation or infection. Such statement shall substantially comply with the following: “I certify, as an accredited veterinarian that the above described animals have been inspected by me and that they are not showing signs of infectious, contagious, or communicable disease (except where noted). The vaccinations and results of tests are as indicated on the certificate. To the best of my knowledge, the animals listed on this certificate meet the state of destination’s and federal interstate requirements. No further warranty is made or implied.” 2.1.6. Reconsignment of a previously issued CVI is not permitted for either export or import into Colorado. 2.1.7. A CVI shall be void thirty (30) days after the date of its issuance. 2.1.7.1. An extended equine CVI shall be void six months after the date of its issuance. 2.1.8. One copy of such certificate shall accompany the animals. Within seven days after the date of issue, the accredited veterinarian who issued the CVI shall forward a copy of such CVI to the State Veterinarian. The Colorado State Veterinarian’s office shall forward all CVIs to the state of destination within seven days of receipt. 2.1.9. The accredited veterinarian shall maintain such CVI and supporting documents for two years for poultry and swine and five years for cattle and bison, sheep and goats, cervids, and equines. 2.1.10. Livestock shall also meet all of USDA’s animal disease traceability requirements. 2.2. Colorado Livestock Import Requirements 2.2.1. The state veterinarian will keep updated species-specific import requirements available at: https://ag.colorado.gov/animals and will provide any updates or changes to the requirements to appropriate stakeholders for input prior to making the updated changes to the website. 2.2.2. Livestock imported into Colorado must comply with Colorado’s import requirements and also meet all federal interstate requirements. 2.2.3. The State Veterinarian may require a statement by the issuing veterinarian concerning certain designated or reportable diseases that may be occurring in the livestock’s state of origin. 2.3. Colorado Livestock Export Requirements 2.3.1. Livestock exported from Colorado must comply with the destination state’s requirements and also meet all federal interstate requirements. 2.4. Dogs, Cats, Non-Livestock, Zoological Park Animals, and Wildlife 2.4.1. Dogs and cats imported into Colorado must be accompanied by a CVI which, for such animals over three months of age, must indicate a current rabies immunization. 2.4.2. Any other non-livestock animal, including wildlife or animal consigned to a zoological park, must be accompanied by a CVI and also meet any requirements of the United States Fish and Wildlife Service and the Colorado Division of Parks and Wildlife. 2.4.3. The State Veterinarian may require any testing or post-entry quarantine requirements, as the State Veterinarian deems necessary. 2.5. Quarantine for Animals Illegally Entering into Colorado 2.5.1. Animals entering Colorado without a valid CVI or permit number, or both if required, may be held in quarantine at the owner’s expense until released by an authorized representative of the State Veterinarian. Animals under quarantine for noncompliance with this Rule may be released only after the State Veterinarian is satisfied by inspection, testing, treatment, or through observation over time, that the animals are not a threat to Colorado’s livestock industry. 2.5.2. The State Veterinarian may order that an imported animal failing to meet import requirements be returned to its state of origin; consigned directly to slaughter; or confined to a Colorado Approved Feedlot. The person responsible for the livestock at the time of entry shall comply with the State Veterinarian’s order within five working days of its issuance. Any extension to the five-day deadline may be approved in writing and only by 2.5.3. If the owner or owner's agent fails to comply with an order to return livestock to the livestock’s state of origin within the timeframe set forth in

Section V.B of this Part 1, the Department may require that the livestock be immediately gathered at the owner's expense to avoid exposure of Colorado livestock. The isolation of said livestock shall be managed according to requirements approved by the State Veterinarian to limit potential disease spread to Colorado livestock. 2.5.4. The State Veterinarian may require that livestock ordered returned to their state of origin be returned by a commercial livestock conveyance.

Part 3. Commuter Agreement 3.1. Definitions 3.1.1. “ Commuter agreement” means a form, approved by the Colorado State Veterinarian and the state veterinarian of the contiguous state, that establishes an agreement between Colorado and a contiguous state to enable livestock owners, managers, or operators to move livestock across state borders for grazing purposes and to return to the state of origin. 3.2. Commuter Agreement Requirements 3.2.1. A commuter agreement may be obtained by herd owners, managers, or operators for the purposes of moving livestock into Colorado from a contiguous state and for the purpose of returning the livestock to the state of origin or for moving livestock from Colorado to a contiguous state and then returning the livestock to Colorado. 3.2.2. Commuter agreements between states may allow for the exception from normal movement testing requirements as determined by the exporting and importing state veterinarian’s offices. 3.2.3. T he state veterinarian from the state of origin will issue permit numbers on forms that they provide and that meet the following criteria: 3.2.3.1. A commuter agreement form shall list the approximate dates of departure and return; the type and number of livestock to be moved; and the livestock’s location of origin and location of destination identified by address, section, township and range location, GPS coordinates, premises identification number, or legal description. 3.2.3.2. The herd owner, operator, or manager shall identify, on the commuter agreement form, the veterinarian responsible for providing veterinary services for the herd in the state of origin. 3.2.3.3. The commuter agreement form shall be signed by the herd owner, operator, or manager and by the State Veterinarians or by designees from both participating states. 3.2.3.4. The livestock shall be from a breeding herd or flock assembled for at least one year, which may include sires, dams, and their offspring. Purchased feeder or other temporary use livestock are not allowed to be included on the commuter agreement. 3.2.3.5. An accredited veterinarian and a brand inspector shall inspect such livestock prior to movement. A CVI will be issued with the commuter permit number identified on the CVI prior to the livestock’s movement. Both the Brand Certificate and the CVI will accompany the movement to either state unless previously agreed upon by the state veterinarians of both participating states. 3.2.3.6. All breeding bulls shall test negative for T. fetus within 60 days prior to shipment into Colorado. In the event that breeding bulls are not moving with the herd, then the bulls from the assembled herd shall have tested negative for T. fetus within the current breeding season. 3.2.3.7. When livestock are moved to states with higher disease incidence status or risk for diseases such as tuberculosis or brucellosis, the State Veterinarian may require other or additional testing as stated on the commuter agreement, either prior to movement or upon return to the state of origin. 3.3. Non-Compliance with Commuter Agreements 3.3.1. In the event that a livestock owner fails to comply with any disease-testing or movement requirements set forth on a signed commuter agreement when moving a herd or flock, the State Veterinarian may exercise any or all of the following authorities: 3.3.1.1. The present commuter agreement may be immediately canceled, and the livestock may be placed under quarantine until disease testing or movement requirements are met. 3.3.1.2. Future commuter agreement requests may not be approved.

Part 4. Standards for Colorado Approved Feedlots 4.1. Approved Feedlot Purpose and Facility Requirements 4.1.1. Colorado Approved Feedlots may import cattle from states or areas within a state that have increased disease risk as determined by the State Veterinarian without required import tests or vaccinations. 4.1.2. Movements into a Colorado Approved feedlot shall obtain a CVI and other necessary import requirements. 4.1.3. Colorado Approved Feedlot Facility Requirements: 4.1.3.1. The entire Colorado Approved Feedlot shall prevent pasturing or grazing of any livestock. The Approved Feedlot shall be dry-lot feeding only. 4.1.3.2. The Colorado Approved Feedlot shall have no perimeter fence line contact with livestock outside the feedlot. 4.1.3.3. The entire feedlot shall be a Colorado Approved Feedlot except when the State Veterinarian approves portions therein that are segregated and have separate provisions for loading, unloading, processing, feeding, watering, and treatment of livestock therein. 4.1.3.4. The end disposition of all livestock within Colorado Approved Feedlots shall be euthanasia or slaughter only. Upon approval of the State Veterinarian a Colorado Approved Feedlot may move livestock to another Colorado Approved Feedlot. All livestock exiting an Approved Feedlot may not be moved without a current Brand Inspection certificate, when and where required, and shall only be moved to a USDA Food Safety Inspection Service or other slaughter plant approved by the State Veterinarian or to another Colorado Approved Feedlot. 4.2. Livestock Facility and Individual Animal Identification Requirements 4.2.1. All Colorado Approved Feedlots shall have a USDA Premises Identification Number. 4.2.2. All cattle contained within Colorado Approved Feedlots shall be identified with an official identification device. 4.3. Approved Feedlot Registration 4.3.1. A feedlot may apply to the State Veterinarian to be registered as a Colorado Approved Feedlot. The application shall be on a form designated by the State Veterinarian. 4.3.2. The Colorado Approved Feedlot may not become registered until the Colorado Department of Agriculture has received and approved the feedlot’s application and until a representative of the State Veterinarian has performed an on-site inspection of the applicant’s facility. Such on-site inspection shall ensure that the feedlot meets the facility requirements and demonstrates the ability to comply with the individual animal identification requirements and approved feedlot facility record-keeping requirements as set forth herein. 4.3.3. The registration of an approved feedlot shall remain active from the date of issuance unless: 4.3.3.1. The feedlot fails to meet the minimum facility, animal identification, record-keeping or other requirements in which case the State Veterinarian may rescind the Colorado Approved Feedlot registration; or 4.3.3.2. The approved feedlot voluntarily relinquishes its Colorado Approved Feedlot registration. In the event the Approved Feedlot voluntarily relinquishes its registration, the Approved Feedlot shall be required to meet all minimum requirements of this rule until all livestock at the Approved Feedlot at the time of relinquishment have exited the facility to approved slaughter facilities or to other Colorado Approved Feedlots. 4.3.4. Colorado Approved Feedlots shall be inspected for appropriate record keeping and other compliance annually or as deemed necessary by the State Veterinarian. 4.4. Colorado Approved Feedlot Record-Keeping Requirements 4.4.1. Colorado Approved Feedlots shall keep an inventory of all livestock confined on the registered facility. 4.4.1.1. Records of premises and state of origin must be kept for all livestock confined on the registered facility. 4.4.1.2. All records must be kept for a minimum of 5 years. 4.4.2. Colorado Approved feedlots shall keep records through brand inspection of all livestock exiting the facility to approved slaughter facilities. 4.4.3. Colorado Approved Feedlots shall reconcile inventories of livestock to include livestock that enter the feedlot, mortalities, realizer livestock, and livestock that exit the facility to approved slaughter facilities or to other Colorado Approved Feedlots. 4.4.4. Records shall be made available to a representative of the State Veterinarian annually or as requested by the State Veterinarian.

Part 5. Bovine Tuberculosis 5.1. Definitions 5.1.1. “Accredited herd” means a herd that has met the minimum standards for accreditation or reaccreditation as defined in Parts 5.13 and 5.14 of this

rule. 5.1.2. “Adjacent herd” means a group or groups of animals having potential direct contact with the affected herd. Herds separated by a single fence are considered adjacent herds. 5.1.3. “Affected herd” means a herd of cattle, bison or dairy goats that contains an animal that tests positive to Mycobacterium bovis through histopathology, polymerase chain reaction (PCR) assay, or bacterial isolation. 5.1.4. “Annual tests” means those tests conducted at intervals of not less than ten (10) months nor more than fourteen (14) months. 5.1.5. “Bovine Tuberculosis” means a disease in cattle, bison or dairy goats caused by Mycobacterium bovis. 5.1.6. “Caudal Fold Tuberculin (CFT) Test” means the intradermal injection of 0.1 milliliter of USDA bovine purified protein derivative (PPD) tuberculin into either side of the caudal fold, with reading by visual observation and palpation seventy-two (72) hours (+ or − 6 hours) following injection. 5.1.7. “Commission firm” means a person, partnership or corporation that buys and/or sells livestock as a third party and reports to the seller and/or to the buyer details of the transactions. This includes any such person or group regardless of whether or not a fee is charged for the services. 5.1.8. “Comparative Cervical Tuberculin (CCT) Test” means the intradermal injection of 0.1 milliliter biologically balanced bovine PPD tuberculin and avian PPD tuberculin at separate sites in the cervical area and a determination as to the probable presence of bovine tuberculosis (M. bovis) by comparing the responses of the two (2) tuberculins seventy-two (72) hours (+ or − 6 hours) following injection. 5.1.9. “Dairy goats” means domestic caprine (genus Capra) kept for the purpose of producing milk for human consumption. 5.1.10. “Dealer” means any person, firm or partnership engaged in the business of buying or selling cattle, bison, or dairy goats in commerce, either on his or her own account or as the employee or agent of the vendor and/or purchaser or any person engaged in the business of buying or selling cattle, bison, or dairy goats in commerce on a commission basis.

The term shall not include a person who: (1) buys or sells cattle, bison, or dairy goats as a part of his or her own bona fide breeding, feeding or dairy operation; (2) is not engaged in negotiating the transfer of cattle, bison, or dairy goats; or, (3) receives cattle, bison, or dairy goats exclusively for immediate slaughter on his or her own premise. 5.1.11. “Exposed animals” means cattle, bison, or dairy goats that have had direct contact or are epidemiologically linked to bovine tuberculosis. 5.1.12. “Feedlot” means a confined dry lot area for the finish feeding of animals on a concentrated feed with no facilities for pasturing or grazing. 5.1.13. “Herd” means a group of cattle, bison, or dairy goats maintained on common ground or two (2) or more groups of cattle, bison, or dairy goats under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status. (A group is construed to mean one (1) or more animals.) 5.1.14. “Herd plan” means a herd management and testing plan designed by the State Veterinarian and the herd owner that will control and eventually eradicate bovine tuberculosis from an affected, adjacent, or exposed herd. 5.1.15. “Natural additions” means animals born and raised in a herd. 5.1.16. “Negative animal” means any test-eligible animal that tests negative to an official tuberculosis test. 5.1.17. “No Gross Lesion (NGL) Animal” means any test-eligible animal that does not reveal a lesion(s) of bovine tuberculosis upon postmortem 5.1.18. “Official Tuberculosis Test” means any test for tuberculosis conducted on cattle or bison in accordance with this Part and the Uniform Methods and Rules (UM&R) for Bovine Tuberculosis Eradication. The official tuberculin tests are the caudal fold test, the comparative cervical test, the single cervical test or any other test that is approved by the USDA. 5.1.19. “Reactor” means any cattle, bison, or dairy goat that shows a response to an official single cervical, comparative cervical or other supplemental tuberculosis test and is classified as a reactor by the testing veterinarian or Designated Tuberculosis Epidemiologist, or any suspect animal that is classified a reactor upon slaughter inspection or necropsy after histopathological examination, PCR assay, and/or culture of selected tissues collected by the Federal or State veterinarian performing or supervising the slaughter inspection or necropsy. 5.1.20. “Responder” means any livestock officially skin tested for tuberculosis that has a visible or palpable response at the site of tuberculin injection. 5.1.21. “Single cervical tuberculin test” means the intradermal injection of 0.1 milliliter USDA bovine single cervical PPD tuberculin in the cervical (neck) region with reading by visual observation and palpation in seventytwo (72) hours (+ or − 6 hours) following injection. 5.1.22. “Suspect” means any cattle, bison, or dairy goats that have been classified as a suspect by a comparative cervical or other official supplemental test. 5.1.23. “Tuberculin” means a product that is approved by and produced under USDA license for injection into cattle, bison, or dairy goats for the

purpose of detecting bovine tuberculosis. 5.2. Authority to Require Test 5.2.1. The State Veterinarian upon epidemiological evidence resulting in reliable information that tuberculosis may exist in any bovine, bison, or any other animal, may require tuberculosis testing to be performed on such animals. 5.2.2. Should the owner or caretaker refuse or neglect to comply with the instructions of the accredited veterinarian, the State Veterinarian or his/her duly authorized representative or authorized agent, said animals shall be placed under a hold order to prohibit the movement of any animals from said premises. 5.2.2.1. The hold order shall be issued by an authorized agent of the Colorado Department of Agriculture showing the boundaries of the area or premises affected, the animals restricted, and the conditions. 5.2.2.2. The livestock shall be held under a hold order until testing has been completed at which time animals will be released from the hold order or quarantined based on the test results. 5.2.3. The State Veterinarian may supervise or provide oversight on any tuberculosis testing conducted by an accredited veterinarian. 5.3. Personnel Authorized to Apply Tuberculosis Tests 5.3.1. Tuberculosis tests shall be applied by a veterinarian employed as a state or federal regulatory veterinarian or by an accredited veterinarian. 5.4. Reporting of Tests 5.4.1. A TB test report shall be submitted within ten (10) days of the date of the test to the USDA. The report shall include the official USDA test form of all tuberculin tests, including the date of injecting and palpating; individual identification of each animal by official eartag number, official animal identification number, individual permanent numerical brand, or registration tattoo; age, sex, and breed; a record of the size of the response, if required, and test interpretation. 5.5. Approved Laboratories 5.5.1. The official laboratory for all tuberculosis diagnostic purposes shall be the National Veterinary Services Laboratories (NVSL), Ames, Iowa. 5.6. Identification 5.6.1. All animals tested shall be officially identified as specified in Part 5.4.1. at the time of the initial test. 5.6.2. All premises where testing for tuberculosis occurs shall have a PIN. 5.7. Initial Diagnostic Tests 5.7.1. The caudal fold test, or any other screening test approved by the USDA, is the official tuberculosis test for routine use in individual cattle, bison, or dairy goats in herds of such animals where the tuberculosis status of the animals is unknown. 5.7.2. Animals that respond to the caudal fold test shall be placed under a hold order until the responding animals are tested with a supplemental test. 5.7.3. No animal with a response to a caudal fold test is eligible for intrastate or interstate movement unless said animal is subsequently classified “negative for M. bovis” based on an official comparative cervical test or other new testing technology as stated in Section XII.D. or accompanied by a VS Form 1-27 permit and consigned direct to slaughter with no diversion from the approved destination, or by special permit granted by 5.8. Caudal Fold Test Interpretation 5.8.1. When testing herds not known to be infected with Mycobacterium bovis, Accredited Veterinarians using the caudal fold test shall classify the animals as responders if the test produces a response. The animal(s) shall be retested by a state or federal veterinarian. 5.8.2. Decisions regarding tuberculosis test interpretations will be based upon the professional judgment of the testing veterinarian in accordance with policies established by the cooperating state and federal officials. 5.8.3. The injection site on each animal shall be observed and palpated.

Observation without palpation is not acceptable and shall constitute a violation of these Rules. 5.9. Supplemental Diagnostic Tests 5.9.1. The comparative cervical test (CCT), or any other test approved by the USDA and State Veterinarian, is the official tuberculosis test for retesting of responders. 5.9.2. The CCT shall be applied only by a state or federal regulatory veterinarian and shall not be used in known infected herds. 5.9.3. The CCT shall not be used as a primary test for animals of unknown status. 5.9.4. The Gamma Interferon test may be used as a confirmatory test when approved by the State Veterinarian. 5.10. Classification of Supplemental Testing in Cattle, Bison, and Goats 5.10.1. Animals classified as reactors shall not be retested or reclassified. 5.10.2. Animals classified as suspects to the comparative cervical test shall be reclassified as reactors when included in a herd test that results in the confirmation of bovine tuberculosis in the herd. 5.10.3. Animals classified as reactor shall have, and suspects may have, a post-mortem examination performed and witnessed by a regulatory veterinarian. Appropriate tissue samples shall be submitted for laboratory examination at the NVSL. If the animal fails to demonstrate infection based on the lack of gross or microscopic evidence of bovine tuberculosis or other approved diagnostic tests, the animal and possibly the herd may be considered free of bovine tuberculosis. 5.10.4. In the event new technology and advancements provide alternative testing procedures, which are approved by the USDA, the State Veterinarian may alter testing procedures listed above to utilize the new approved methods and tests. 5.11. Disposition of Supplemental Test Responding Cattle, Bison and Goats 5.11.1. Suspect and reactor animals shall remain on the premises where they were disclosed until a VS Form 1-27 permit for movement has been obtained. 5.11.2. Movement for immediate slaughter will be directly to a slaughtering establishment where approved state or federal inspection is maintained within fifteen (15) days of classification. 5.11.3. Alternatively, the animals may be destroyed on-site under the direct supervision of a regulatory veterinarian to ensure that a proper postmortem examination can be conducted and that the carcass is disposed of according to methods approved of in the tuberculosis Code of Federal Regulations. 5.11.4. Suspects to the comparative cervical test shall remain under a hold order until: 5.11.4.1. They are retested by the comparative cervical test in sixty (60) days, or 5.11.4.2. Shipped under VS Form 1-27 permit directly to slaughter. 5.12. Movement Restrictions 5.12.1. Herds where only responder or suspect animals are disclosed shall be held on the premises until retested and classified negative or shipped under a VS Form 1-27 permit directly to slaughter where a state or federal veterinarian will collect samples. 5.12.2. All herds in which reactor animals are shown to be infected through confirmatory tests shall be quarantined. Movement for immediate slaughter must be directly to an approved slaughtering establishment, under a VS Form 1-27 permit, where federal inspection is administered.

Animals must be identified by official eartags or other individual unique identification as may be required by the State Veterinarian. Addition of animals shall be allowed only upon the approval of the State Veterinarian. 5.12.3. The sale of calves from quarantined herds shall be restricted. All calves that test negative to a caudal fold tuberculosis test within sixty (60) days may be permitted to move intrastate to an approved feedlot. 5.12.4. Herds in which only NGL reactor(s) occur and in which no evidence of Mycobacterium bovis infection has been disclosed may be released from quarantine. 5.13. Minimum Standards for Accreditation and Reaccreditation of Tuberculosis Accredited Cattle, Dairy Herds, or Bison Herds 5.13.1. Tuberculosis accreditation and reaccreditation is voluntary. The minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle and bison herds are as follows: 5.13.1.1. All test eligible animals must test negative to two (2) consecutive official tuberculosis tests not less than ten (10) months nor more than fourteen (14) months apart. Test eligible animals include all cattle or bison twelve (12) months of age and older and all animals other than natural additions under twelve (12) months of age. Natural additions become test eligible at twelve (12) months. 5.13.1.2. All test eligible animals in the accredited herd must have an official animal ID eartag. 5.13.1.3. Accurate records on each individual animal must be kept, including disposal and/or death of each animal, natural additions and purchased additions. 5.13.1.4. Accreditation, except for a bovine dairy herd, is valid for a twelve (12) month period. The original date of accreditation will serve as the herd's official accreditation date. 5.13.1.5. Reaccreditation for all herds other than bovine dairies shall require a negative test of all test eligible herd members not less than ten (10) nor more than fourteen (14) months from the official accreditation date. All animals must be bona fide members of the herd. 5.13.2. Tuberculosis accreditation and reaccreditation for dairy herds is voluntary. The minimum standards for any voluntary accreditation or reaccreditation of a tuberculosis accredited dairy herd are as follows, and any reaccreditation must occur between 33 and 39 months of any initial accreditation: 5.13.2.1. Initial tuberculosis accreditation involves testing all cattle in the dairy herd, including any beef cattle and calves comingling, greater than 12 months of age. 5.13.2.2. All test eligible animals in the accredited herd must be officially identified. 5.13.2.3. Accurate records on each individual animal must be kept, including disposal and/or death of each animal, natural additions and purchased additions. 5.13.2.4. Accreditation is valid for three years unless tuberculosis is diagnosed in the herd after any initial accreditation. The Department may issue a TB Accreditation certificate to any bovine dairy herd owner whose herd meets these standards of TB Accreditation. 5.14. Minimum Standards for Accreditation and Reaccreditation of Tuberculosis Accredited Non-Bovine Dairy Herds 5.14.1. Minimum standards for voluntary accreditation and reaccreditation of tuberculosis accredited non-bovine dairy herds are as follows: 5.14.1.1. Testing of herds for accreditation or reaccreditation shall include all dairy animals over six (6) months of age and any dairy animals other than natural additions under six (6) months of age. All natural additions shall have an official animal ID eartag and be recorded on the test report as members of the herd at the time of the annual test. 5.14.1.2. Voluntary reaccreditation shall require a negative test of all test eligible herd members not less than ten (10) nor more than fourteen (14) months from the official accreditation date.

Part 6. Sheep Brucellosis 6.1. Definitions 6.1.1. “ Approved laboratory” means a laboratory approved by the State Veterinarian to conduct testing for Brucella ovis. 6.1.2. “ Approved test” means a test approved by the State Veterinarian for the diagnosis of Brucella ovis in test eligible rams. 6.1.3. “Brucella ovis exposed ram” means any test negative or untested test eligible ram which has been in contact with a ram that tests positive to approved test within the last 30 days. 6.1.4. “Brucella ovis positive eartag” means an ear tag used to identify rams that test positive to an approved Brucella ovis test. The design and color of the Brucella ovis slaughter only eartag shall be approved by the State Veterinarian and shall be supplied through the Colorado Department of Agriculture. 6.1.5. “Brucella ovis positive ram” means a ram that tests positive to an approved Brucella ovis test. 6.1.6. “Brucella ovis slaughter only eartag” means an ear tag used to identify Brucella ovis exposed rams or untested rams. The design and color of the Brucella ovis slaughter only eartag shall be approved by the State Veterinarian and shall be supplied through the Colorado Department of Agriculture. 6.1.7. “ Indeterminate Test Results” means an ELISA Test with results in a low positive range that does not verify infection status. 6.1.8. “ Official Test” means a test to detect the presence of Brucella ovis that is approved by the Colorado State Veterinarian. 6.1.9. “ PCR Test” means the Polymerase Chain Reaction test used on semen from Brucella ovis indeterminate rams and low positive rams. 6.1.10. “Slaughter only back tag” means a back tag provided by the Colorado Department of Agriculture to livestock markets which is applied to rams presented for sale without a B. ovis test. 6.1.11. “Test eligible ram” means any ram six months of age and older. 6.2. Requirements for Laboratory Testing 6.2.1. All test eligible rams that are transferred, leased, or loaned for breeding purposes shall be tested prior to any such transfer, lease, or loan. 6.2.2. All samples must be submitted to an approved laboratory for testing. 6.2.3. Official identification of the rams must be recorded and accompany all samples to the approved laboratory for both official and unofficial testing. 6.2.4. Official tests for Brucella ovis: All sample collection for interstate or intrastate sale or transfer of breeding rams must be performed by or under the supervision of an accredited veterinarian. 6.2.5. Unofficial tests for Brucella ovis: An owner may collect samples from rams and have the samples tested at an approved laboratory. This method of sample collection cannot be used for sale or transfer of breeding rams or to qualify rams. 6.2.6. Only a test methodology approved by the State Veterinarian may be used. 6.3. Requirements for Sale or Transfer, Lease, or Loan 6.3.1. No person may transfer, lease, or loan a ram six months or older for breeding purposes in the state of Colorado unless said ram has been tested for Brucella ovis within 30 days prior to the date of the transfer, lease, or loan and unless such test result is negative. It is the responsibility of the buyer to obtain necessary official test records from the seller at the time of transfer, lease, or loan. 6.3.2. No Brucella ovis exposed ram may be transferred, leased, or loaned for breeding purposes within Colorado unless all exposed rams in the flock test negative, are sent to slaughter, or are castrated in accordance with provisions of Part 6.5.2 of these rules. 6.4. Livestock Auction Market Sales 6.4.1. All test eligible rams that arrive at market without proof of an official negative Brucella ovis test, as in Part 6.2.4. completed within 30 days of the sale date, shall be identified with an official Brucella ovis slaughter only eartag, with a “slaughter only” back tag, or with a paint brand on the top of the back. This brand shall be a “Q” not less than 4 inches in height. 6.4.2. Rams arriving at market without official identification shall have an official identification device applied. 6.5. Quarantine of Test Positive Rams and Premises 6.5.1. All confirmed test positive Brucella ovis rams and all exposed rams shall be immediately placed under quarantine and remain under quarantine until such positive rams are castrated, are sent to slaughter or transferred to a slaughter channel feedlot. Exposed rams remaining on the premises shall stay under quarantine until they have had two negative tests that are at least 45 days apart and after last exposure to positive rams. 6.5.1.1. If a flock owner receives indeterminate test results for any test eligible ram, that ram must be retested between 30 and 60 days after receiving the indeterminate test results. A subsequent test must be with either the ELISA test or the PCR test and must test-negative before the ram may be sold for breeding purposes. 6.5.2. Upon completion of the above requirements and receipt of the following information the State Veterinarian may release the quarantine. 6.5.2.1. Official test results of negative tests at least 45 days after isolation from all positive rams; or 6.5.2.2. Permits where exposed rams were transported directly to slaughter or to a sale for direct slaughter; or 6.5.2.3. A written statement from the owner, manager, operator, or flock veterinarian, stating that all positive or exposed rams were castrated. The written statement shall include the identification numbers of the castrated rams. 6.6. Requirements for the Identification and Disposition of Exposed or Infected Rams 6.6.1. Prior to transfer, lease, or loan any Brucella ovis exposed rams and all untested rams six months of age or older shall be identified by the following methods: 6.6.1.1. With an official Brucella ovis slaughter only eartag or 6.6.1.2. With a paint brand on the top of the back. This brand shall be a “Q” not less than 4 inches in height. 6.6.2. Any ram found to be positive on an approved test for Brucella ovis shall be identified with an official Brucella ovis positive ear tag. All positive rams shall be sold directly to slaughter or slaughter channel feedlots, or be castrated, and then may be sold or moved without restriction.

Part 7. Cattle and Bison Brucellosis 7.1. Definitions 7.1.1. “ Adjacent herd” means a group or groups of animals having potential direct contact with the affected herd. Herds separated by a single fence are considered adjacent herds. 7.1.2. “ Affected herd” means a herd of cattle or bison that contains, or has recently contained, one (1) or more animals infected with Brucella abortus and that has not completed the required tests necessary for release from quarantine. 7.1.3. “ Annual test” means a test conducted at intervals of not less than ten (10) months nor more than fourteen (14) months. 7.1.4. “ Approved test” means a laboratory test used in the diagnosis of Brucella abortus approved by the State Veterinarian. 7.1.5. “ Cattle” means all domestic bovine (genus Bos). 7.1.6. “Certified free herd” means a herd of cattle or bison that has qualified for and has been issued a Certified Brucellosis-Free Herd certificate issued by the State Veterinarian or state animal health official in the state of origin. The Certified Brucellosis-Free Herd status is valid for 12 months unless evidence of brucellosis is disclosed. 7.1.7. “Class free state” means a state classified by VS/APHIS, as set forth in the UM&R, based upon the incidence of brucellosis infection existing in said state. 7.1.8. “Commission” means the Colorado Agricultural Commission. 7.1.9. “ Commissioner” means the Colorado Commissioner of Agriculture. 7.1.10. “Exposed Animals” means cattle or bison that have been exposed to brucellosis by reason of associating with known infected animals. 7.1.11. “Natural Additions” means animals born into a herd. 7.1.12. “Non-free State” means a state classified by VS/APHIS, as set forth in the UM&R, based upon the incidence of brucellosis infection existing in said state. 7.1.13. “Official calfhood vaccinate (OCV)” means a female bovine or bison animal vaccinated against brucellosis with RB-51 brucellosis vaccine between four and twelve (12) months of age. All vaccination must be conducted under the supervision of a federal or state veterinary official or accredited veterinarian. Vaccinated animals must be permanently identified as vaccinates and reported at the time of vaccination to the appropriate state or federal agency cooperating in the eradication of brucellosis. 7.1.14. “Reactor” means an animal subjected to an official test resulting in a brucellosis reactor classification or subjected to a bacteriological examination for field strain Brucella abortus and found positive or reclassified as a brucellosis reactor by a designated epidemiologist as provided for in the definition of official test. 7.1.15. “Suspect” means an animal subjected to an official test resulting in a brucellosis suspect classification or reclassified as a brucellosis suspect by a designated epidemiologist as provided for in the definition of official 7.1.16. “Uniform Methods and Rules (UM&R)” for Brucellosis Eradication” means the standards set in APHIS Bulletin No. 91-45-013 (2013) (as incorporated herein). 7.2. Certified Free Herd Requirements 7.2.1. Initial certification of the certified free herd may be accomplished by the following method: 7.2.1.1. At least two consecutive negative approved blood tests of all test eligible cattle or bison not less than 10 months, nor more than 14 months apart, are required for initial certification. 7.2.2. The following requirements apply to recertification of a Certified Free Herd: 7.2.2.1. A negative herd test of all test eligible animals conducted within 60 days of each anniversary date is required for continuous certification. 7.2.2.2. If the herd certification test is conducted within 60 days following the anniversary date the certification period will be 12 months from the anniversary and not 12 months from the date of the recertifying test. 7.2.2.3. If a herd test for recertification is not conducted within 60 days following the anniversary date, then certification requirements are the same as for initial certification. 7.3. Certified Free Herd Import Requirements 7.3.1. Cattle from Certified Free Herds may be imported into Colorado without a test for brucellosis. A herd of cattle or bison may qualify as Certified Brucellosis-Free by meeting the applicable requirements that follow: 7.3.1.1. There has been a whole herd test within 12 months, in which all test eligible cattle or bison have tested negative to an approved 7.3.1.2. Additions to a certified free herd may originate from other certified free herds that are approved by the state animal health officials from the state of origin. 7.3.1.3. Additions to a certified free herd may originate from Class Free States that have tested negative to an approved test within 30 days of entry. 7.3.1.4. Additions to a certified free herd from Non-free States must test negative to an approved brucellosis test within 30 days prior to shipment and be isolated on the certified free herd premises and retested within 45 to 120 days after arrival. 7.3.1.5. Herd inventory verification of certified free herds must be approved by the animal health or brand officials from the state of origin. 7.3.1.6. The certified free herd number, issued by the state animal health officials in the state of origin, must be listed on the CVI. 7.4. Colorado Cattle and Bison Vaccination Requirements 7.4.1. Vaccination for Brucellosis is voluntary in the state of Colorado. 7.4.2. Vaccination for Brucellosis may only be administered by an accredited veterinarian. 7.4.3. Any Brucellosis vaccination of beef, dairy, and bison heifer calves must be with strain RB-51 and may only be administered between 4 and 12 months of age. 7.4.4. Vaccinated heifers shall have legible Brucellosis vaccination tattoos and official ear tags. 7.4.5. Any vaccination performed shall be reported by the accredited veterinarian on an official vaccination certificate (VS Form 4-24) to the USDA within 30 days of vaccination. 7.5. Diagnostic Testing 7.5.1. All Brucellosis tests needed for movement or change of ownership shall be forwarded to the CDA Animal Health Laboratory (AHL) on a VS Form 4- 33 whenever any livestock are tested. Any tested livestock shall be officially identified. 7.6. Quarantine of Affected Herds 7.6.1. In herds where a reactor animal is disclosed, all cattle or bison in the herd shall be quarantined on the premises. 7.6.2. The herd owner may ship suspect or reactor cattle or bison, or other animals within the quarantined herd directly to slaughter under a VS Form 1- 27 permit. 7.6.3. Affected herds shall remain under quarantine until such time that they are depopulated or all reactor or suspect cattle or bison have been removed from the herd and the remaining cattle or bison test and retest negative in accordance with the terms of the quarantine.

Part 8 Equine Infectious Anemia 8.1. Definitions 8.1.1. “ Adjacent herd” means a group or groups of Equidae having any direct contact with an affected herd or positive animal or any herd separated by a distance of less than two hundred (200) yards. Adjacent herds are considered exposed herds. 8.1.2. “ Affected herd” means a herd of Equidae that contains or has contained one or more animals infected with equine infectious anemia and that has not tested negative for all required follow-up tests for release from quarantine. 8.1.3. “ Approved laboratory” means a laboratory approved prior to operating by the State Veterinarian and USDA APHIS VS. 8.1.4. “ Contact herd” means a non-adjacent herd in which exposed Equidae have been identified. 8.1.5. “Equidae” means all members of the genus Equus which includes but is not limited to horses, asses, hinnies, mules, donkeys, burros, ponies, and zebras. 8.1.6. “Equine infectious anemia (EIA)” means a blood borne viral infectious disease of Equidae caused by a lentivirus. The infection is characterized by three distinct forms: acute, chronic (both associated with clinical signs of disease), and in-apparent. 8.1.7. “Exposed herd” means Equidae that have been in contact with, associated with, or adjacent to animals known to be EIA positive. 8.1.8. “Herd” means one or more Equidae maintained on common ground under single or multiple ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status. 8.1.9. “Herd plan” means a herd management and testing agreement designed by a state or federal veterinarian and a herd owner to control and eradicate EIA from an affected, adjacent, or exposed herd of Equidae. 8.1.10. “Index case” means the first disclosed case of EIA on a premises or area. 8.1.11. “NVSL” means the USDA, National Veterinary Services Laboratory in Ames, Iowa. 8.1.12. “Official test” means the agar gel immunodiffusion (AGID) or “Coggins” test, the enzyme-linked immunosorbent assay (ELISA) test any USDA licensed tests, or any other diagnostic test approved by the State 8.1.13. “Positive” means any Equidae that discloses a positive reaction to an official test for EIA. 8.1.14. “Test eligible” means all Equidae other than foals less than six (6) months of age accompanied by their negative tested dam. 8.1.15. “VS Form 10-11” means the official USDA Veterinary Services laboratory submission form used in testing Equidae for EIA. 8.2. Authority to Require Test 8.2.1. Under authority of the State Veterinarian, a state or federal veterinarian or an accredited veterinarian may conduct an official test on any test eligible Equidae known or suspected to be infected with or exposed to EIA. 8.3. Authority to Enter Premises 8.3.1. An authorized agent of the Colorado Department of Agriculture shall have the authority to enter any premises, place, building, or enclosure, upon consent of the equine owner or agent, for the purpose of inspecting, testing, identifying, and examining Equidae found or suspected to be exposed or infected with EIA. 8.4. Reporting of Test Results 8.4.1. Approved laboratories shall notify the State Veterinarian's office and the individual submitting the sample for testing within twenty-four (24) hours of all positive test results. 8.4.2. Approved laboratories shall report test results only when samples are properly submitted and accompanied by a completed VS Form 10-11 or other electronic form approved by the State Veterinarian. 8.5. Testing and Classification of Equidae 8.5.1. All Equidae tested for EIA pursuant to an official test shall be classified as negative or positive. 8.5.2. Positive Equidae and retests. 8.5.2.1. A positive is any Equidae that discloses a positive reaction to an official test. 8.5.2.2. Equidae classified as positive shall be retested within seven (7) days following the date of the original test. 8.5.2.3. Any Equidae found to be positive to a USDA approved test for EIA shall be placed under quarantine by the State Veterinarian or his authorized representative. 8.5.2.4. The NVSL results shall determine the Equidae’s final EIA status. 8.5.2.5. All positive Equidae shall be held in isolation, as described in

Part 8.9 and under quarantine until the retest results are received. 8.5.2.6. All other Equidae on the premises shall be placed under a hold order until the retest results are received. 8.5.2.7. All other Equidae on the premises shall be EIA tested if an index positive case is confirmed. 8.5.2.7.1. All Equidae on the premises shall be retested not sooner than 60 days but not longer than 120 days after the last known exposure to any EIA positive Equidae. 8.5.2.7.2. Foals nursing EIA positive mares shall be tested not less than sixty (60) days nor more than one hundred twenty (120) days after weaning and isolated from any positive animal. If positive, foals may remain under quarantine for additional testing at the discretion of the State Veterinarian. 8.5.2.7.3. All exposed Equidae shall be required to have two consecutive negative tests to be classified as negative for EIA. 8.5.3. Testing in Exposed, Contact, and Adjacent Herds 8.5.3.1. All test eligible Equidae epidemiologically determined to have been exposed to any EIA positive Equidae shall be placed under a hold order and tested by a state or federal veterinarian, or an accredited veterinarian. 8.5.3.1. 1. All test eligible animals within exposed or adjacent herds within the state shall be tested within thirty (30) days of notification. 8.5.3.1. 2. All Equidae in an adjacent or exposed herd shall be retested not sooner than sixty (60) days but not longer than one hundred twenty (120) days after the last known exposure to an EIA positive Equidae. 8.5.3.2. All test eligible Equidae in a contact herd shall be placed under a hold order until exposed Equidae have been tested by a state, federal, or accredited veterinarian. 8.5.3.2.1. All exposed Equidae shall be tested within thirty (30) days of notification. 8.5.3.2.2. All exposed Equidae shall be retested not sooner than sixty (60) days but not longer than one hundred twenty (120) days after the initial test. 8.5.3.3. Exposed, contact, or adjacent herd Equidae tested by state or federal veterinarians and completed at the National Veterinary Services Laboratory (NVSL) shall be tested at state or federal expense providing funds are available. 8.5.3.4. Exposed, contact, or adjacent herd Equidae tested by accredited veterinarians shall be tested at the owner’s expense unless state or federal funds are available. 8.5.3.5. Epidemiologic data may be considered in the testing requirements and release of quarantine or hold order for exposed, contact, and adjacent herds. 8.6. Quarantines and Hold Orders 8.6.1. Any Equidae confirmed positive by an official test shall be quarantined. 8.6.2. The quarantine shall include the positive Equidae and other exposed Equidae on the premises. 8.6.3. A hold order shall be placed on all premises within 200 yards of the premises of the index case and on exposed and contact herds based on epidemiologic evidence. 8.7. Identification of Positive Equidae 8.7.1. Any Equidae that has been confirmed positive, as in Part 8.5, shall be permanently identified with an ISO-compliant microchip or other electronic identification device, or other methods approved by the State Veterinarian, no more than fifteen (15) days after the date of the official test. The information pertaining to the electronic identification shall be reported to 8.8. Disposition of EIA Positive Equidae 8.8.1. Confirmed positive EIA Equidae shall be euthanized, or isolated as described in Part 8.9.4., if approved by the State Veterinarian. Euthanasia or isolation as described in Part 8.9.4 must occur within seven (7) days after NVSL confirmation. 8.8.2. All Equidae euthanized prior to permanent identification shall be reported immediately to the State Veterinarian and then described in a written statement by the accredited veterinarian or authorized agent certifying the euthanasia. 8.9. Movement and Stabling of Positive Exposed Animals 8.9.1. All positive and exposed Equidae shall be accompanied by a VS Form 1- 27 permit when moved from any quarantined premises. 8.9.2. Any change in location of positive or exposed Equidae to an alternate quarantined premises shall be approved in advance following an epidemiological investigation of the receiving premises by the State 8.9.3. No diversion from the destination identified on the permit is allowed. 8.9.4. All positive Equidae shall be stabled at a distance of at least 200 yards from any other Equidae on the owner’s premises and Equidae on adjacent premises. 8.9.5. All positive Equidae shall be stabled within a screened stable, during the vector season, as approved by the State Veterinarian. The owner shall also be required to abide by a herd plan approved by the State Veterinarian for the remainder of the affected herd. 8.10. Release of Quarantine 8.10.1. No Equidae held under quarantine shall be moved or released until either a VS Form 1-27 permit or quarantine release has been issued by an authorized agent of the Colorado Department of Agriculture or the USDA. 8.10.2. The EIA quarantine may be released after all remaining Equidae are classified negative in the affected herd following the identification and removal of the last EIA positive animal. 8.10.3. When evaluating the release of the quarantine, the vector season may be considered when reviewing epidemiologic factors.

Part 9 Swine Health, Pseudorabies, and Brucellosis 9.1. Definitions 9.1.1. “ Breeding swine” means all swine six (6) months of age or older being kept for reproductive purposes. 9.1.2. “ Brucellosis” means a disease in swine caused by Brucella suis. 9.1.3. “ Cooked garbage” means garbage that has been heated throughout to boiling or equivalent temperature for a period of 30 minutes or heated according to any other method specifically approved by the Department. 9.1.4. “ Feeder swine” means swine intended to be fed to a finished slaughter weight and not intended for breeding or exhibition. 9.1.5. “ Garbage” means all refuse, animal or vegetable, and includes all waste material, by-products of a kitchen, restaurant, hospital, hotel, or slaughterhouse, and every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, but excludes such vegetable products as leaves and tops of vegetable plants which have not been mixed with or exposed to or which do not contain any other garbage or waste product prior to feeding to swine. 9.1.6. “ Herd” means one or more swine maintained on common ground and includes all swine under common ownership or supervision that are geographically separated. 9.1.7. “ Infected herd” means a herd in which an animal has been determined to be infected with pseudorabies using an official pseudorabies test. 9.1.8. “ Interstate swine movement report” means a paper or electronic document detailing interstate movement of animals within a swine production health system. 9.1.9. “Official pseudorabies test” means a test approved by the USDA to be conducted on swine for the diagnosis of pseudorabies and performed in a laboratory approved by the State Veterinarian. 9.1.10. “Pseudorabies” means the infectious and communicable disease of livestock and other animals also known as Aujeszky’s disease, mad itch, or infectious bulbar paralysis. 9.1.11. “Raw garbage” means garbage that has not been heated throughout to boiling or equivalent temperature for 30 minutes, or heated according to a method specifically approved by the Department. 9.1.12. “Stage V Free status” means a state or area that has been designated as free of pseudorabies. 9.1.13. “Swine Production Health Plan” means an agreement applied for by a swine production system and designed for a swine production system’s interstate transport of swine between operations, without change of ownership, for breeding, feeding, and rearing as a normal part of the swine operation. 9.1.14. “Swine Production System” means an enterprise that consists of multiple sites of swine production (i.e., sow herds, nursery herds, and growing or finishing herds) that do not include a recognized slaughter facility or livestock market, that are connected by ownership or contractual relationships, and between which swine are moved while remaining under the control of a single owner or a group of contractually connected owners. 9.1.15. “Uniform Methods and Rules (UM&R) for Swine Brucellosis Control/Eradication” means the standards set in APHIS Bulletin No. 91-55- 042 (1998) (as incorporated herein). 9.1.16. “Pseudorabies Eradication Program Standards” means the standards set in APHIS Bulletin No. 91-55-071 (2003) (as incorporated herein). 9.2. Test Positive Swine, Quarantine and Disposition 9.2.1. Any swine herd found to have positive animals to the serum neutralization test or any other approved recognized test for pseudorabies or brucellosis shall be placed under quarantine by the State Veterinarian or his authorized representative. 9.2.2. A hold order shall be placed on any herd when epidemiological evidence indicates that adjacent or epidemiologically linked movements have occurred from an infected herd. 9.2.3. Pseudorabies and brucellosis positive swine and herd mates shall be managed in accordance with the Pseudorabies Eradication Program Standards and UM&R for Swine Brucellosis Control/Eradication. 9.3. Cooking of Garbage to Prevent Swine Disease 9.3.1. No person may feed garbage to swine without approval from the State Veterinarian. Guidelines for cooking garbage are as follows: 9.3.1.1. Entire mass must be brought to the boiling point and held at that temperature for a period of not less than 30 minutes. 9.3.1.2. A recording thermometer shall be used and maintained with dated charts for examination by a representative of the Department and be kept on file for a period of not less than 90 days. Each chart shall bear thereon the name and address of person for whom the garbage was cooked. There shall be no retracing of charts. 9.3.2. The Department may make periodic inspections of garbage-cooking facilities and premises. 9.3.3. Premises must be open for inspection by a designated representative of the Department, including cooking operations, equipment, and animals, at any reasonable time. 9.4. Interstate Movement of Swine – Identification; Swine Production Health Plan 9.4.1. Swine that are moved into Colorado within a swine production system to other than a recognized slaughter facility or a specifically authorized livestock market are not required to be individually identified when moved, provided that the following requirements are met: 9.4.1.1. The swine may be moved into Colorado only to another premises identified in a valid swine production health plan for that swine production system. 9.4.1.2. The swine production system must operate under a valid swine production health plan that both the sending and receiving states have agreed to follow. 9.4.1.3. The swine must have been found free from signs of any communicable disease during the most recent inspection of the premises by the swine production system’s licensed accredited veterinarian within 30 days prior to the movement. 9.4.1.4. Prior to the movement of any swine, the producer moving swine must deliver the required interstate swine movement report to the following individuals identified in the swine production health plan: 9.4.1.4.1. The swine production system’s licensed accredited veterinarian for the premises from which the swine are to be moved. 9.4.1.4.2. The state animal health official for the state of origin of the swine. 9.4.1.4.3. The Colorado State Veterinarian. 9.4.1.4.4. Individuals designated by the state animal health officials. 9.4.1.5. The receiving premises must not commingle swine received from different premises in a manner that prevents identification of the premises that sent the swine or groups of swine. This requirement may be met by use of permanent premises or individual animal identification, by keeping groups of animals received from one premises physically separate from animals received from other premises, or by any other effective means. 9.4.1.6. For each premises, the swine production system must maintain, for three years after the date of creation, records that will allow a state animal health official to trace any animal on the premises back to its previous premises and must maintain copies of each swine production health plan signed by the producer, all interstate swine movement reports issued by the producer, and all reports the swine production system’s accredited veterinarian issues documenting the health status of the swine on the premises. 9.4.1.7. Each premises must allow state animal health officials access to the premises upon request to inspect animals and review records. 9.4.1.8. Every seven calendar days, each swine production system must send the State Veterinarian a written summary that is based on the interstate swine movement report data and that shows how many animals were moved in the past seven calendar days, the premises from which they were moved, and the premises to which they were moved. 9.4.2. A swine production health plan must include all the following: 9.4.2.1. Address and contact information for all premises that are

part of the swine production system and that receive or send swine in interstate commerce. 9.4.2.2. Provisions for regular veterinary inspections of all swine maintained on the identified premises, at intervals no greater than 30 days, by the swine production system’s licensed accredited veterinarian. 9.4.2.3. Description of the record-keeping system of the swine production system. 9.4.2.4. The signature of each official of each swine production system identified in the plan, including the swine production system’s licensed accredited veterinarian, the state veterinarian, an APHIS representative, and the state animal health official from each state in which the swine production system has a premises. 9.4.2.5. Acknowledgement that the managers of all the swine production system’s premises listed in the plan have been notified that any failure of the participants in the swine production system to abide by the provisions of the plan and the applicable provisions of 9 CFR Parts 71 and 85 constitutes a basis for the cancellation of the swine production health plan. 9.4.3. An interstate swine movement report must include the following information: 9.4.3.1. The name, location, and premises identification of the premises from which the swine are to be moved. 9.4.3.2. The name, location, and premises identification number of the premises to which the swine are to be moved. 9.4.3.3. The date of movement. 9.4.3.4. The number, age, and type of swine to be moved. 9.4.3.5. A description of any individual identification or group identification associated with the swine. 9.4.3.6. The name of the swine production system’s licensed accredited veterinarian. 9.4.3.7. The health status of the herd from which the swine are to be moved, including any disease of regulatory concern to the state or to USDA/APHIS. 9.4.3.8. An accurate statement that swine on the premises from which the swine are to be moved have been inspected by the swine production system’s licensed accredited veterinarian within 30 days prior to the interstate movement, consistent with the dates specified by the premise’s swine production health plan and are found to be free from signs of communicable disease. 9.4.4. The following procedures apply to cancellation of, or withdrawal from, a swine production health plan: 9.4.4.1. The state veterinarian may cancel the state’s participation in a swine production health plan by giving written notice to all swine producers, accredited veterinarians, and other state animal health officials listed in the plan. Withdrawal shall be effective upon the date specified by the state veterinarian in the notice, but for shipments in transit, withdrawal shall become effective seven days after the date of such notice. 9.4.4.2. A swine production system may withdraw one or more of its premises from participation in the plan upon giving written notice to the state veterinarian, the accredited veterinarian(s), and all swine producers listed in the plan. Withdrawal shall be effective upon the date specified by the swine production system in the written notice, but for shipments in transit, withdrawal shall become effective seven days after the date of such notice. 9.4.4.3. The state veterinarian shall cancel a swine production health plan after determining that swine movements within the swine production system have occurred that were not in compliance with the swine production health plan. Before a swine health production plan is canceled, the state veterinarian shall inform a representative of the swine production system of the reasons for the cancellation.

Part 10. Trichomoniasis 10.1. Definitions 10.1.1. “Acceptable Specimen” means a specimen determined satisfactory for diagnostic testing by the approved laboratory, including complete documentation. 10.1.2. “Approved Laboratory” means any laboratory designated and approved by the State Veterinarian for testing T. fetus samples. 10.1.3. “Bovine” means any sexually intact male or female animal of the genus Bos. 10.1.4. “Colorado Commuter Permit” means a permit issued by the Colorado State Veterinarian’s Office to Colorado livestock producers who use pasture lands and other livestock operations in one or more states that are contiguous to Colorado. 10.1.5. “Commingle” means having both male and female bovines, regardless of ownership, in the same enclosure or pasture where such animals would have a reasonable opportunity for sexual contact. 10.1.6. “Complete Herd Test” means an official T. fetus test of all breedingage bulls as determined by the State Veterinarian. 10.1.7. “Directly to Slaughter” means transporting an animal to a slaughter plant after loading into a transit device without unloading prior to arrival at the destination slaughter plant. 10.1.8. “Herd” means a group of bovines (male and female) that have commingled for any period of time during the last 12 months. 10.1.9. “T. fetus PCR test (Polymerase Chain Reaction)” means a method approved by the State Veterinarian for the testing of samples collected by an accredited veterinarian to detect, through in vitro amplification, the presence of T. fetus DNA. 10.1.10. “Official Colorado Negative T. fetus T ag” means a tag provided by the Colorado Department of Agriculture to accredited veterinarians which is applied to bulls that test negative for T. fetus using official testing methods. 10.1.11. “Positive T. fetus Bull” means a bull that has had a positive T. fetus 10.1.12. “Positive T. fetus Herd” means the group of all bovines that have commingled and in which group any bovine (male or female) has had a positive diagnosis for T. fetus. 10.1.13. “Negative T. fetus Bull” means a bull that qualifies by one of the following: 10.1.13.1. Orig inates from a herd not known to be infected, has tested negative to an official test, and has been isolated from females since that test; 10.1.13.2. Originates from a positive herd but has had a series of two negative T. fetus PCR tests at intervals of at least one week and continues to be isolated from females; 10.1.13.3. Has met current Colorado import requirements; or 10.1.13.4. Originates from a positive herd, has been isolated from females, and has had two negative T. fetus PCR tests at least one week apart. 10.1.14. “Regulatory Veterinarian” means the State Veterinarian or his or her designee. This may be a state or USDA employed veterinarian or any accredited veterinarian holding a current state license to practice veterinary medicine. 10.1.15. “Slaughter only back tag” means a back tag provided by the Colorado Department of Agriculture to livestock markets which is applied to bulls presented for sale without a T. fetus test. 10.1.16. “Suspect T. fetus Bull” means a bull from a positive T. fetus herd that has not yet had two consecutive negative T. fetus PCR tests. 10.1.17. “Trichomonas fetus (or T. fetus)” means a contagious venereal protozoan parasite disease of the Tritrichomonas foetus species that causes infertility, pyometra, abortions, and reproductive inefficiency in female bovine. 10.1.18. “Unacceptable Sample” means a sample that is deemed not diagnostic by the approved testing laboratory. 10.2. Intrastate Breeding bulls 10.2.1. All bulls 12 months and older must have a negative T. fetus PCR test within 60 days prior to change of ownership or change of possession under lease or loan. Bulls shall not be exposed to females at the new premises until the results of the test are known. 10.2.2. Any bull with a positive test shall be immediately quarantined. The quarantine shall be in effect until the bull is sent to slaughter. The positive T. fetus bull’s herd of origin will be placed under a hold order. The hold or quarantine order will be released in accordance with the regulatory section of this rule. 10.3. Regulatory Action 10.3.1. Public Grazing & Grazing Associations 10.3.1.1. All breeding bulls commingling in grazing associations, regardless of whether public or private associations, or on public lands, regardless if on private or multiple user permits, shall have the official T. fetus PCR test conducted annually. Negative bulls shall be identified as in Part 10.5.1 below. 10.3.1.1.1. If any bull is found positive, all bulls that have an epidemiological link to the positive bull, regardless of owner, manager, or operator, will be required to have two consecutive negative T. fetus PCR tests and be isolated under quarantine prior to turn out time. 10.3.1.1.2. Any stray bull located on public grazing lands or in a grazing association shall be subject to the management procedures set forth in 10.4.5. 10.3.2. Positive T. fetus Bull & Herd 10.3.2.1. Any confirmed T. fetus positive bovine and its herd (as defined by state animal health officials) shall immediately be placed under quarantine, and will remain under quarantine as follows: 10.3.2.1.1. Positive T. fetus bulls shall be identified with an official Positive T. fetus test tag by an accredited veterinarian within 5 days of diagnosis. 10.3.2.1.2. Positive T. fetus bulls shall be quarantined then sent directly to slaughter or to livestock market for slaughter only or to an Approved Feedlot. 10.3.2.1.3. All other bulls in a positive T. fetus herd shall remain quarantined until they have tested negative to two consecutive T. fetus PCR tests at least one week apart. The initial negative T. fetus PCR test is included in the series of negative tests required. 10.3.3. Reproductive Bovine Females from a Positive T. fetus Herd 10.3.3.1. Females over 12 months of age (not known to be virgin heifers) from a positive T. fetus herd may be sold directly to slaughter or quarantined on the premises of origin. Individual females will be released from quarantine when there are two consecutive negative T. fetus PCR tests of the entire bull population and the cow(s) has a calf at side (with no exposure to other than known negative T. fetus bulls since parturition), has documented 120 days of sexual isolation, or is determined by an accredited veterinarian to be at least 120 days pregnant. 10.3.3.2. Heifers known to be virgin at the time of turnout, or heifers exposed only to known negative T. fetus bulls and not yet 120 days pregnant, may remain within the herd. 10.3.3.3. Open females shall be sold to slaughter, moved to an Approved Feedlot, or held in isolation from all bulls for 120 days.

Any female sold to slaughter through a livestock market shall be officially identified and identified with an official Colorado red positive T. fetus tag during the quarantine period. 10.3.3.4. Breeding by artificial insemination with semen from a known negative bull is allowed during the quarantine period. 10.3.4. Management Procedures of T. fetus Positive herds 10.3.4.1. The State Veterinarian may require additional testing of bulls, pregnancy testing of females, segregation of cattle within a herd, and may hold or quarantine a herd until the owner, lessor, or manager of the herd has complied with any additional requirements set forth by the State Veterinarian. 10.3.5. Management Procedures Regarding Stray Bulls 10.3.5.1. Any stray bull without a current negative Colorado Trich Tag found on public or private land, from a known or unknown herd of origin, may be confined and placed under a hold order until the bull has one or more T. fetus PCR test(s) conducted. The test(s) shall be the responsibility of the bull’s owner. The conditions of the hold or quarantine orders and number of tests will be determined by the State Veterinarian. 10.4. Identification 10.4.1. All bulls tested for T. fetus, whether for official or unofficial testing, must be officially identified. 10.4.2. At the time of testing, an accredited veterinarian must: 10.4.2.1. Record the bull’s official identification device on the T. fetus test submission form; 10.4.2.2. Apply an official Colorado T. fetus tag to the tested bull; and 10.4.2.3. Record the official Colorado T. fetus tag number of the tested bull on the test submission form. 10.4. 3. Bulls that are determined T. fetus PCR test negative shall be identified with an official Colorado negative T. fetus tag. Tags will be supplied by the Colorado Department of Agriculture and be assigned to accredited veterinarians. The official negative T. fetus tag color shall be changed annually. 10.4.4. Bulls identified pending negative test results shall be isolated from all females until the test result is reported negative. 10.4.5. Positive T. fetus bulls shall be identified with an official red positive T. fetus tag supplied by the Colorado Department of Agriculture. 10.4.6. Any quarantined cows moved from the original premises of quarantine shall be officially identified and identified with an official red positive T. fetus ear tag. 10.5. Specimen Collection Facilities 10.5.1. The bull’s owner must provide adequate corrals and restraint to protect the animal and veterinarian from undue injury and risk. The accredited veterinarian shall determine the adequacy of such facilities and may require the bulls be delivered to a mutually agreed facility if the owner’s facility is deemed inadequate for specimen collection purposes. 10.6. Approved Laboratory Responsibilities 10.6.1. An approved laboratory is required to immediately report any positive specimen to the State Veterinarian’s Office. Such report should include the official identification device, brand, owner name, address, telephone number and the submitting veterinarian’s name, address, and telephone number. 10.6.2. In order for T. fetus testing results to be considered official test results, the packaging and transportation of samples for T. fetus testing must explicitly follow the approved laboratory’s protocol for transport of specimens. Failure to follow the appropriate submission protocol and policy may result in an unacceptable sample. 10.6.3. The laboratory shall report unacceptable samples to the State Veterinarian. If any sample is deemed unacceptable the submitting veterinarian shall submit a retest specimen. The State Veterinarian may report the unacceptable samples and the name of the veterinarian who took the unacceptable standards to the USDA Assistant District Director who may report the information to the APHIS Administrator. 10.7 Public Livestock Markets (Auctions) 10.7.1. All bulls that are 12 months of age and older shall be accompanied by a negative official T. fetus PCR test, conducted within 60 days prior to sale, with a statement that the bulls have been isolated from all female bovines after testing. 10.7.1.1. Any bull 12 months of age or older consigned for breeding purposes without a test report shall be placed under quarantine and tested at the livestock market premises. Bulls shall be held at the livestock market premises isolated from all females until the test results are known. 10.7.2. Any bull presented at a livestock market without T. fetus test results may be identified by the livestock market with a “slaughter only” back tag designating such bull as having no T. fetus test prior to being offered for sale. 10.7.3. Any bull presented at a livestock market without T. fetus test results must be announced in the sale ring as “slaughter only” and so designated on the buyer’s documents. 10.7.4. Any bull presented at a livestock market without T. fetus test results shall only be sold directly to slaughter or to a Colorado Approved Feedlot. 10.7.5. Bulls and breeding females from a known positive T. fetus herd shall be identified with an official Colorado positive T. fetus tag at the ranch of origin and may only be consigned and sold for slaughter or consigned to a Colorado Approved Feedlot.

Part 11. Equine Viral Arteritis 11.1. Definitions 11.1.1. “Approved laboratory” means a laboratory approved by the State Veterinarian to conduct official testing for equine viral arteritis. 11.1.2. “Book” or “booking” means the contracting or scheduling of a mare to be bred to a stallion. 11.1.3. “Carrier” means a stallion that has a positive EAV virus isolation test or polymerase chain reaction (PCR) test from semen. 11.1.4. “EAV” means equine arteritis virus, the organism that causes the disease equine viral arteritis. 11.1.5. “Equidae” means all members of the genus Equus which includes but is not limited to horses, asses, hinnies, mules, donkeys, burros, ponies, and zebras. 11.1.6. “EVA” means equine viral arteritis, a communicable disease in equine resulting in abortion in pregnant mares, illness and death in young foals, and potential establishment of the carrier state in stallions. 11.1.7. “Isolated” means the protocols to prevent the transfer of EAV through the appropriate separation, movement controls, and biosecurity procedures approved by the State Veterinarian. 11.1.8. “ISO compliant microchip” means a microchip used to identify individual Equidae that are compliant with the International Organization of Standardization and the USDA’s animal disease traceability requirements. 11.1.9. “Owner” means any person with the legal right of possession or having legal control over any Equidae, and shall include but not be limited to agents, caretakers, and other persons acting on behalf of that person. 11.1.10. “PCR test” Polymerase chain reaction test to detect EAV in samples. 11.1.11. “Semen” Secretion or ejaculate from the reproductive tract of a stallion containing spermatozoa and seminal fluid from the accessory sex glands. 11.1.12. “Sero-negative test mare” means a mare that has been tested seronegative (SN titer <1:4) and has been isolated from other horses for 21 days prior to being bred. 11.1.13. “Sero-negative” means a horse that has tested negative (SN titer <1:4) to a blood test for antibodies to EAV. 11.1.14. “Sero-positive” means a horse that has tested positive (SN titer ≥1:4) to a blood test for antibodies to EAV. 11.1.15. “Shedder” or “shedding” means an Equidae has been determined to have EAV in its body and has potential of transmitting the EAV to other Equidae. 11.1.16. “Stallion” means a sexually intact male Equidae. 11.1.17. “Standard insemination volume” means 10 ml of semen. 11.1.18. “Test breeding” means breeding a suspect carrier stallion to 2 seronegative mares a minimum of twice a day for two (2) – to four (4) days in the same estrus period. 11.1.19. “Vaccinated” or “vaccination” means an Equidae has been vaccinated with the approved EVA modified live virus vaccine and the vaccination status has been kept current in accordance with the manufacturer's recommendations. 11.1.20. “Vaccinated sero-positive stallion” means a stallion that was seronegative prior to being vaccinated against EVA and which has a positive titer (>1:4) post vaccination. 11.2. General EVA Information 11.2.1. All laboratory samples pertaining to this rule shall be submitted by an accredited veterinarian to an approved laboratory. 11.2.2. It is recommended that all breeding stallions be tested for EAV prior to use as a breeding stud or collection for artificial insemination. 11.2.3. It is recommended that frozen semen or semen from unknown stallions be tested negative by virus isolation or PCR prior to being used for artificial insemination. 11.3. EVA Shedding Stallions 11.3.1. A stallion is considered to be a carrier if any of the following apply: the virus can be cultured from his semen, if the virus can be detected in his semen by PCR test, or if sero-negative mares seroconvert to seropositive status within 28 days following breeding or insemination. 11.3.2. A stallion known to be a carrier shall not be permitted to breed or be collected for artificial insemination until the State Veterinarian determines that the stallion does not pose a risk of transmitting EAV. In making this determination, the State Veterinarian shall consider whether the requirements of Parts 11.3.2.2. and 11.3.2.3. of this section will be complied with by the premises on which the carrier stallion is located. The following restrictions shall apply to a carrier stallion that is permitted to breed or be collected for artificial insemination: 11.3.2.1. The owner or agent of an EAV carrier stallion shall notify in writing the owner or agent of a mare booked or seeking to book a mare to that stallion that has been classified as an EAV carrier. A written copy of the booking confirmation shall be sent to the State 11.3.2.2. A carrier stallion shall be housed, handled, and bred or collected for artificial insemination in a facility isolated from nonshedding stallions. 11.3.2.3. A carrier stallion shall be bred to a mare(s) that: 11.3.2.3.1. Have been vaccinated against EVA at least twentyone (21) days and not more than 1 year prior to being bred; or 11.3.2.3.2. Has an existing EAV titer from vaccination or natural exposure to EAV, if the serological test for EVA was performed prior to date of breeding. 11.4. Sero-Positive Non-shedding Stallions 11.4.1. A stallion may be considered to be a ‘vaccinated sero-positive stallion’ if a blood sample collected within 10 days prior to administration of an approved vaccine was negative (SN titer <1:4) for antibodies to EAV.

See Section VIII for recommended vaccination protocols. 11.4.2. It is required that a sero-positive vaccinated stallion that did not have an EVA negative test prior to vaccination comply with one of the following testing procedures to ensure that the stallion is not at risk of transmitting the virus: 11.4.2.1. A standard insemination volume (10ml) of semen should be collected and either virus isolation tested for EAV or evaluated using a PCR test; or 11.4.2.2. The stallion should be bred to two (2) mares negative for EAV antibodies. The two (2) mares should have blood collected for an EVA test twenty-eight (28) days after breeding or artificially inseminated from two ejaculates, separately collected.

The sero-positive stallion would be considered a non-carrier if the semen virus isolation tested, semen PCR or test-breeding results are negative. 11.4.3. A stallion may be considered a ‘non-vaccinated sero-positive stallion’ if the stallion has seroconverted following a natural exposure to the virus. It is required that a non-vaccinated sero-positive stallion be tested as outlined below prior to breeding to ensure that he is not at risk of transmitting the virus. 11.4.3.1. Semen should be collected and either tested by virus isolation or evaluated using a PCR test for EAV; or 11.4.3.2. The stallion should be bred to two (2) mares negative for EAV antibodies. The two (2) mares should have blood collected for an EVA test twenty-eight (28) days after breeding or artificial insemination. 11.4.3.3. The sero-positive stallion will be considered a non-carrier if the semen by virus isolation, PCR, or test breeding results is negative. 11.4.4. A stallion previously classified as a carrier stallion may be reclassified as a non-carrier stallion if the following criteria are met: 11.4.4.1. During the first breeding season following the stallion's classification as a non-carrier, the first five (5) sero-negative mares bred or artificially inseminated using semen collected from separate ejaculates from this stallion shall be test negative to a blood sample collected for an EVA test twenty-eight (28) days after breeding or artificial insemination. 11.4.4.2. During the second breeding season, the stallion shall be bred to two (2) mares negative for EAV antibodies that will be tested twenty-eight (28) days after breeding or have its semen collected and be virus isolation negative for EAV or have the semen tested negative by PCR for EAV. If the semen virus isolation test or PCR test and blood samples are negative for EAV, there shall not be restrictions placed on a future breeding season. 11.4.5. The final determination that a stallion is not an EAV carrier shall be made based on scientific procedures described in this section and approved by the State Veterinarian. Until this determination is made the stallion shall be considered as an EAV carrier. 11.5. Requirements for Breeding Mares to a Carrier Stallion or Inseminating Mares with Known EAV Infected Semen 11.5.1. The following guidelines are required when breeding mares to a carrier stallion or inseminating mares with known EAV infected semen. 11.5.1.1. If a sero-negative mare is to be bred to a carrier stallion for the first time. 11.5.1.1.1. It is required that the mare be vaccinated a minimum of twenty-one (21) days prior to the first breeding or artificial insemination by an EAV carrier stallion and subsequently isolated a minimum of twenty-one (21) days after the first breeding or artificial insemination. 11.5.1.1.1.1. During isolation, the mare shall be physically separated from other Equidae in a separate isolation area approved by the State Veterinarian or designated personnel. 11.5.1.1.1.2. After the isolation period, the mare may move without restriction. 11.5.1.2. Mares that have been vaccinated against EAV or have been bred to an EAV carrier stallion within the previous two (2) years may be re-bred to a carrier stallion but should be isolated for a minimum of twenty-one (21) days after breeding as noted above. 11.5.1.3. When a mare bred to a carrier stallion is returned to the premises of origin within 21 days of breeding, it shall be in a transport vehicle or trailer by herself or with other sero-positive Equidae. Upon returning to the premises of origin, the transport vehicle or trailer and equipment used to move the mare must be immediately cleaned and disinfected according to procedures approved by the State Veterinarian. 11.6. Actions for Newly Diagnosed Sero-positive Stallions 11.6.1. A stallion infected with EAV during the breeding season shall immediately cease breeding or immediately cease having semen collected for artificial insemination or semen collected and stored for future use.

Since EVA is a reportable disease in the State of Colorado, the State Veterinarian must be immediately notified in the event of clinical EVA disease demonstrated by a positive laboratory test on serum or semen. An owner or agent with a mare booked or bred to a stallion that became infected with EAV during the breeding season shall be immediately notified in writing by the stallion's owner or agent. A copy of the written notification shall be sent to the State Veterinarian. A stallion infected with EAV during the breeding season shall be classified as an EAV carrier and shall be handled according to the requirements of this rule. Following the stallion's classification as a carrier, the State Veterinarian may reclassify the stallion as a non-carrier in accordance with this rule. 11.7. Equidae Vaccinated Against EVA 11.7.1. Following are the recommendations that will provide for a more effective program for mares or stallions to be vaccinated for EVA in Colorado: 11.7.1.1. The Equidae owner’s facility should have a premises identification number (PIN). 11.7.1.2. The mare or stallion receiving EVA vaccine should have an ISO compliant microchip implanted according to USDA’s animal disease traceability requirements. 11.7.1.3. That mares be tested for antibodies to EAV prior to an initial EVA vaccination. 11.7.1.4. Testing for antibodies in blood of mares be submitted to an approved veterinary laboratory. 11.7.1.5. A certificate documenting the mare has been vaccinated be sent to the State Veterinarian within seven (7) days of the vaccination date. 11.7.1.6. The EVA vaccination certificate for mares should be on a form prescribed by the State Veterinarian. 11.7.1.7. The prior negative EVA test and vaccination of intact colts between 6-12 months of age and of adult teaser stallions. 11.7.2. Following are the requirements for mares or stallions to be vaccinated with EVA vaccine in Colorado: 11.7.2.1. Testing of stallions for antibodies in blood or evidence of EAV in semen shall be submitted to an approved veterinary laboratory. 11.7.2.2. Stallions vaccinated for the first time against EVA shall be test negative to a blood sample collected by an accredited veterinarian prior to vaccination. 11.7.2.3. Stallions vaccinated for the first time against EVA shall have the EVA vaccine administered by an accredited veterinarian within ten (10) days after the sample collection date. 11.7.2.4. A certificate documenting that the stallion has been vaccinated shall be sent to the State Veterinarian within seven (7) days of the vaccination date. 11.7.2.5. The EVA vaccination certificate for stallions shall be on a form prescribed by State Veterinarian. 11.7.2.6. All Equidae vaccinated for the first time against EVA shall not have direct exposure to an EVA affected animal or a pregnant mare for twenty-one (21) days after vaccination. 11.7.2.7. A vaccinated stallion shall not be used for breeding or artificial insemination within twenty-eight (28) days after vaccination. A vaccinated mare shall not be bred within twenty-one (21) days of vaccination. 11.8. EVA Test Mares 11.8.1. An EVA test mare shall be isolated from the other Equidae and under the supervision of the State Veterinarian if the mare becomes: 11.8.1.1. Clinically affected with EVA after breeding or artificial insemination; or 11.8.1.2. Sero-positive after breeding or artificial insemination. 11.8.2. An isolated mare shall be released from isolation by the State Veterinarian after: 11.8.2.1. Twenty-eight (28) days in isolation and providing test results are negative; or 11.8.2.2. The spread of EAV is no longer a risk, whichever is longer.

Part 12. Reportable Diseases 12.1. Reportable Disease List 12.1.1. The State Veterinarian shall develop and maintain a list of current reportable diseases and make the list readily available to the public, including accredited veterinarians and laboratories. 12.2. Notification of Reportable Diseases 12.2.1. The State Veterinarian shall be notified upon suspicion or recognition of clinical signs consistent with reportable disease. 12.3. Submission of Samples and Test Request Forms 12.3.1. Testing for reportable diseases shall only be performed at laboratories approved by the State Veterinarian 12.3.2. All laboratory samples submitted for official tests for reportable diseases shall be accompanied by a properly completed form or electronic form approved by the State Veterinarian. The reportable disease forms must include the following: 12.3.2.1. Owner's name, physical address, telephone number and, if available, email address; 12.3.2.2. Veterinarian’s name, physical address, telephone number, license or accreditation number, and, if available, email address; 12.3.2.3. Physical address of the livestock premises and, if available, the location identification number or premises identification number; 12.3.2.4. Description of the animal(s) tested, including but not limited to the species, age, breed, color, sex, and the animal(s) official identification, tattoos, or other distinguishing marks; 12.3.2.5. Tests requested; and 12.3.2.6. Purpose of the test (diagnostic, movement, change of ownership, grazing permit, etc.) 12.3.3. Samples submitted for testing without proper and complete test request forms, may have test performed but the results may not be considered official for the purpose of the test until appropriate information on the test forms has been completed.

Part 13. Rule Exception 13.1. The Commissioner of Agriculture or his designee, the Colorado State Veterinarian, may grant exceptions to any portion of this rule when disease management standards permit or require. 13.2. Any such exception will be limited to individual cases.

Part 14. Emergency Rules for the Control of New World Screwworm 14.1. Introduction The State Veterinarian, as designee of the Commissioner of Agriculture, has concluded that New World Screwworm (NWS) has been detected in the United States. At the time of this emergency rule, there have been multiple detections in Texas and one detection in New Mexico. There is continued risk for further spread of the invasive pest, which can be associated with the movement of animals. The current detections of NWS in the US pose a risk to Colorado livestock, and the State Veterinarian finds it necessary to implement this emergency rule to protect Colorado’s animals and livestock.

NWS is an infectious pest known to infest all warm-blooded animals, including domestic animals, livestock, wildlife, birds, and occasionally humans.

In April 2026, the Animal and Plant Health Inspection Services (APHIS), United States Department of Agriculture (USDA), published a revised NWS Response Playbook, along with the Continuity of Business guidelines which provide an outline of requirements for movement of livestock from an NWS infested zone. This includes enhanced requirements for documentation, inspection, and treatment for animals leaving the infested zone.

This emergency rule will protect the health, safety, and welfare of Colorado’s animals and of Colorado’s residents by limiting the opportunity for the entry and spread of NWS into Colorado. 14.2. Emergency Implementation of Disease Control to Prevent the Spread of NWS 14.2.1. Definitions 14.2.1.1. “Animal” means any living dumb creature. 14.2.1.2. “Certificate for Movement” means an official certificate from a state animal health official which includes the statement “all animals were inspected and found free of evidence of NWS infestation” and the following elements: date of movement, origin Premises ID, animal identification (group/lot ID or other approved ID methods), NWS inspection date, number of animals inspected for movement, number of animals administered NWS treatment (product name, administration date, route of administration and withdrawal period end date), dates the NWS movement certificate is valid, and the name of the individual completing the NWS 14.2.1.3. “Infested Zone (IZ)” means a zone established by state or federal animal health officials that is at least 20 km (~12.4 miles) beyond the perimeter of a premises with an NWS detection, a location of NWS infested wildlife, or location of NWS wild fly detections. 14.2.1.4. “NWS Myiasis” means the infestation of living animal tissues by the fly, eggs, or larvae, of the Cochliomyia hominivorax species. 14.2.1.5. “New World Screwworm (NWS)” means the fly, egg, or larvae of the species Cochliomyia hominivorax. 14.2.2. Implementation. As of the effective date of this emergency rule, the following movement protocols are mandatory. 14.2.2.1. No animal with NWS myiasis may enter Colorado. 14.2.2.2. All warm-blooded animals originating from an NWS Infested Zone must: 14.2.2.2.1. Enter Colorado only with approval and a certificate for movement from the state animal health officials in the state of origin. This certificate for movement must indicate that the animals have met all established movement requirements for leaving the infested zone. 14.2.2.2.2. The movement certificate must be attached to and submitted with the certificate of veterinary inspection to the Colorado State Veterinarian. 14.2.2.2.3. Be inspected by a licensed and accredited veterinarian, state/federal health official, or by a stateauthorized inspector within 5 days prior to movement. 14.2.2.2.4. Be treated with an authorized product within 14 days before movement (or within the product’s labeled prevention duration) if found to have open wounds without presence of myiasis. Animals going directly to slaughter are exempt from treatment, but must be slaughtered within 72 hours of movement. 14.2.2.2.5. Request an entry permit number from the Colorado State Veterinarian’s Office within 48 hours prior to movement. Movement may not occur until the entry permit is issued. Entry permits may be obtained by calling the Office of the Colorado State Veterinarian at 303-869-9130 during normal business hours. 14.2.2.2.6. Enter Colorado only after all other standard speciesspecific interstate movement requirements have been met as established on CDA Import Webpage. 14.2.2.3. All animals arriving in Colorado from an NWS Infested zone, after meeting the requirements above, must be inspected upon arrival at the destination premises by a licensed and accredited veterinarian, state/federal animal health official, or other stateauthorized inspector. 14.2.2.4. Animals coming out of an NWS infested zone may not move into Colorado with eeCVIs (extended equine certificates of veterinary inspection) or on commuter agreements. Those animals must receive a standard CVI for movement, along with the required NWS movement certificate outlined above. 14.2.2.5. All dogs and cats entering Colorado from a state with an active NWS Infested Zone must be inspected by a veterinarian and have a CVI issued within 5 days of movement into Colorado. The CVI must include the statement “all animals were inspected and found free of evidence of NWS infestation”. 14.3. Violation of This Emergency Rule 14.3.1. Any warm-blooded animals imported into Colorado in violation of these rules may result in either or both of the following: an order to return the animals to the premises of origin or quarantine of the entire receiving premises. 14.3.2. Any violation of this rule may result in referral to the Colorado Office of the Attorney General or the local district attorney and subject the violator to penalties, including civil penalty, criminal prosecution, or enforcement through the state’s district courts (or any combination thereof).

Part 15: Reserved

Part 16. Statements of Basis, Specific Statutory Authority and Purpose 16.1. Adopted: September 14, 2005 – Effective: December 1, 2005 The statutory authority for this rule is C.R.S. 35-50-101-133, The Livestock Health Act.

The basis of this rule is to implement Senate Bill 05-024 titled The Livestock Health Act.

This law repealed and reenacted authorities of the State Veterinarian to control and prevent livestock diseases. The law granted the State Veterinarian new authorities, most notably the authority to order a “hold” on all livestock on a premises while tests for the presence of a disease are conducted. The law also removed from statute language dealing with specific livestock diseases and granted the Colorado Commissioner of Agriculture the authority to adopt rules to control diseases.

Part 1 of this rule establishes procedures and requirements for the issuance of Certificates of Veterinary Inspection. These certificates offer proof that an animal is free from clinical signs of specific diseases and documents vaccinations and tests that may have been administered.

Part 2 establishes a commuter agreement process whereby existing breeding herds from border states are shipped into Colorado and later return to the herd of origin. This Part facilitates cross-border shipments that recur for grazing on a regular basis.

Part 3 establishes measures to prevent bovine tuberculosis, a disease that can be transmitted from cattle to other warm blooded mammals. The measures are designed to achieve continual eradication of bovine tuberculosis through herd testing and surveillance at slaughter plants.

Part 4 creates a process to control brucella ovis, a bacterium that causes a highly infectious disease affecting breeding rams known as ram epididymitis which causes infertility. Without an effective vaccine, management of the disease relies on surveillance of rams within herds. This part sets out surveillance requirements for movement of rams from one flock to another.

Part 5 creates a process to maintain Colorado’s Certified Brucellosis Free Status and further reduce the possibility of infection to cattle and bison in Colorado. This

Part establishes surveillance and vaccination requirements on cattle and bison herds.

Part 6 deals with an infectious disease that threatens Colorado’s horse industry.

Equine infectious anemia (EIA) is an infectious and potentially fatal disease without an effective vaccine or treatment regimen. This Part establishes an EIA surveillance process and disease control mechanism.

Part 7 creates a surveillance and testing program for swine herds to control pseudorabies and swine brucellosis. Pseudorabies is a viral disease most prevalent in swine that can also affect cattle, horses, sheep and other mammals that causes reproductive problems and can be fatal to newborn swine. Swine brucellosis is caused by the bacterium Brucella suis that causes reproductive and other problems.

Part 8 of this rule deals with trichomoniasis and was previously adopted. The provisions are moved to this rule.

Pursuant to Section 24-4-103(12.5) of the Administrative Procedures Act, Section 24-4- 101 et seq. C.R.S. (2004), the Colorado Department of Agriculture will comply with the following rules, codes or standards, which are incorporated herein by reference: Swine Brucellosis Control/Eradication, State-Federal-Industry, Uniform Methods and Rules, USDA APHIS Bulletin No. 91-55-042, issued April 1998; Brucellosis Eradication, Uniform Methods and Rules, USDA APHIS Bulletin No. 91-45-013, effective October 1, 2003; Pseudorabies Eradication State-Federal-Industry Program Standards, USDA APHIS Bulletin No. 91-55-071, effective November 1, 2003; Bovine Tuberculosis Eradication, Uniform Methods and Rules, USDA APHIS Bulletin No. 91-45-011, effective January 1, 2005; 9CFR § 161 (2002), Requirements and Standards for Accredited Veterinarians and Suspension or Revocation of Such Accreditation; and 9 CFR 93-427 (c) (2005), Cattle From Mexico.

This rule does not include later amendments or additions of the incorporated material.

Information on obtaining copies of these incorporated materials may be found by contacting the Director of the Division of Animal Industry, Colorado Department of Agriculture, 710 Kipling Street, Suite 202, Lakewood, Colorado 80215. The incorporated materials may be examined at any state publications depository library. 16.2. Adopted: November 13, 2006 – Effective: November 13, 2006 The Colorado Department of Agriculture adopts the following emergency rules according to its authority as found in Colo. Rev. Stat. § 35-50-105, et seq., and 24-4- STATEMENT OF PURPOSE AND COMPLIANCE WITH COLO. REV. STAT. § 24-4- The Colorado Department of Agriculture finds that immediate adoption of these rules is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

Equine Viral Arteritis (EVA) is a contagious disease of horses that is caused by the equine arterits virus (EAV). At this point, most of the Colorado equine population has yet to be exposed. The commencement of immediate testing to identify pre-antibody receiving mares and stallions and to locate those already infected/affected with/by EAV is of the utmost importance to ensure the continued safety and health of Colorado’s equine population. Therefore, adoption of these emergency rules is imperative.

Without the adoption of these emergency rules, the public’s interest is not served.

Wherefore, the Colorado Department of Agriculture, pursuant to § 24-4-103(6), C.R.S., has an obvious and stated need to enact these rules.

The statutory authority of this rule lies in § 35-50-105, et seq., C.R.S., 2005, specifically 35-50-105 (3)(f), (g) and (h), C.R.S., 2005, which grants authority to the Commissioner of Agriculture, with the approval of the Colorado Agricultural Commission, to set standards and requirements for testing livestock for infectious or contagious diseases and to set similar requirements for the vaccination of livestock to control infectious diseases. The Commissioner is further authorized to set standards and requirements for The basis of this rule lies in the importance of controlling contagious disease among horses and other equine species and to facilitate commerce among citizens of Colorado and other states and countries. Equine viral arteritis (EVA) is a highly communicable disease spread among horses in two different manners. Infected equines with clinical signs of EVA can infect other equines by aerosol discharges from the mouth or nose. breeding or by artificial insemination. Therefore EVA is spread through both direct and venereal routes among equines. There is no direct treatment for the veneral disease, and therefore, male equines with the disease may have restricted ability to breed during The purpose of this rule is to establish a widely accepted protocol for EVA disease control methods, testing, vaccination and record keeping requirements. This rule will confidence that EVA vaccination, testing, and disease control standards remain in effect 16.3. Adopted: January 4, 2007 – Effective: January 4, 2007 The Colorado Department of Agriculture adopts the following emergency rules according to its authority as found in Colo. Rev. Stat. § 35-50-105, et seq., and 24-4- 103(6). These rules be effective on January 4, 2007.

STATEMENT OF PURPOSE AND COMPLIANCE WITH COLO. REV. STAT. § 24-4-

The Colorado Department of Agriculture finds that immediate adoption of these rules is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public interest.

Equine Viral Arteritis (EVA) is a contagious disease of horses that is caused by the equine arterits virus (EAV). At this point, most of the Colorado equine population has yet to be exposed. The commencement of immediate testing to identify pre-antibody receiving mares and stallions and to locate those already infected/affected with/by EAV is of the utmost importance to ensure the continued safety and health of Colorado’s equine population. New Mexico, has reported confirmed cases of EVA. Because of New Mexico’s proximate closeness to Colorado and because the breeding season is currently active, adoption of these emergency rules is imperatively necessary for preservation of public health, safety and welfare.

Without the adoption of these emergency rules, the public’s interest is not served.

Wherefore, the Colorado Department of Agriculture, pursuant to § 24-4-103(6), C.R.S., has an obvious and stated need to enact these rules.

The statutory authority of this rule lies in § 35-50-105, et seq., C.R.S., 2005, specifically 35-50-105 (3)(f), (g) and (h), C.R.S., 2005, which grants authority to the Commissioner of Agriculture, with the approval of the Colorado Agricultural Commission, to set standards and requirements for testing livestock for infectious or contagious diseases and to set similar requirements for the vaccination of livestock to control infectious diseases. The Commissioner is further authorized to set standards and requirements for The basis of this rule lies in the importance of controlling contagious disease among horses and other equine species and to facilitate commerce among citizens of Colorado and other states and countries. Equine viral arteritis (EVA) is a highly communicable disease spread among horses in two different manners. Infected equines with clinical signs of EVA can infect other equines by aerosol discharges from the mouth or nose. breeding or by artificial insemination. Therefore EVA is spread through both direct and venereal routes among equines. There is no direct treatment for the veneral disease, and therefore, male equines with the disease may have restricted ability to breed during The purpose of this rule is to establish a widely accepted protocol for EVA disease control methods, testing, vaccination and record keeping requirements. This rule will confidence that EVA vaccination, testing, and disease control standards remain in effect 16.4. Adopted: January 4, 2007 – Effective: March 4, 2007 The Colorado Department of Agriculture adopts the following rules according to its

authority as found in Colo. Rev. Stat. § 35-50-105, et seq.

The statutory authority of this rule lies in § 35-50-105, et seq., C.R.S., 2005, specifically 35-50-105 (3)(f), (g) and (h), C.R.S., 2005, which grants authority to the Commissioner of Agriculture, with the approval of the Colorado Agricultural Commission, to set standards and requirements for testing livestock for infectious or contagious diseases and to set similar requirements for the vaccination of livestock to control infectious diseases. The Commissioner is further authorized to set standards and requirements for The basis of this rule lies in the importance of controlling contagious disease among horses and other equine species and to facilitate commerce among citizens of Colorado and other states and countries. Equine viral arteritis (EVA) is a highly communicable disease spread among horses in two different manners. Infected equines with clinical signs of EVA can infect other equines by aerosol discharges from the mouth or nose. breeding or by artificial insemination. Therefore EVA is spread through both direct and venereal routes among equines. There is no direct treatment for the veneral disease, and therefore, male equines with the disease may have restricted ability to breed during The purpose of this rule is to establish a widely accepted protocol for EVA disease control methods, testing, vaccination and record keeping requirements. This rule will confidence that EVA vaccination, testing, and disease control standards remain in effect 16.5. Adopted: July 31, 2008 – Effective: August 1, 2008 The specific statutory authority of this rule is § 35-50-105(3)(c), C.R.S., which grants

authority to the Commissioner of Agriculture, upon approval of the Colorado Agricultural Commission, to adopt rules related to the health standards for importation of livestock into the State of Colorado. With approval from the Colorado Agricultural Commission, the Commissioner of Agriculture adopts this rule as an emergency rule pursuant to § 24-4-103(6), C.R.S.

Statement of Emergency Purpose The Colorado Commissioner of Agriculture, with approval of the Colorado Agricultural Commission, finds that immediate adoption of this rule is imperatively necessary for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public’s interest.

This rule creates a standardized method by which the Commissioner of Agriculture, through the Colorado State Veterinarian, may identify feedlots in the State of Colorado that are approved to import livestock that come from states whose regulated disease statuses may be different from those in Colorado. Specifically, the rule identifies the requirements for a feedlot to attain and maintain a registration and the methods to apply for a registration. In addition, the rule obviates the need for import testing or vaccination in livestock that come from states with different regulated disease statutes prior to importation.

The overall purpose of this rule is to protect both the economic vitality of Colorado’s feedlots while continuing to protect the state’s livestock producers from diseases that are currently eradicated or controlled within the state.

Immediate implementation of this rule is necessary to protect the economic viability of Recent changes in neighboring states’ regulated disease status have made it difficult and expensive for feedlots within the state to import certain livestock for the purpose of finishing at a feedlot prior to sending to slaughter. An import ban on livestock from states that have lost certain disease regulation status or that have lower disease control requirements than Colorado makes it difficult for feedlots to import the numbers of livestock needed to maintain economic vitality. At the same time, importing cattle from states that have different statuses could be harmful to Colorado’s breeding herd and The Commissioner of Agriculture, in tandem with representatives from industry groups and the State Veterinarian’s Office, recognized that the dual goal of protecting Colorado’s livestock producers while providing feedlots a method to remain competitive could be achieved. This rule establishes a uniform method to identify those feedlots that are eligible to import livestock from states with different regulated disease statuses.

The rule permits immediate importation of livestock from neighboring states whose regulated disease status have changed with minimal output cost to the Colorado feedlot. In addition, this rule maintains the important protections provided to Colorado’s livestock producers and breeding stock from diseases that are controlled or eradicated from within the State of Colorado. 16.6. Adopted: September 9, 2008 – Effective: October 30, 2008 The specific statutory authority of this rule is § 35-50-105(3)(c), C.R.S., which grants

authority to the Commissioner of Agriculture, upon approval of the Colorado Agricultural Commission, to adopt rules related to the health standards for importation of livestock into the State of Colorado. With approval from the Colorado Agricultural Commission, the Commissioner of Agriculture adopts this rule pursuant to § 24-4-103(4), C.R.S.

Statement of Purpose The adoption of this rule makes permanent emergency rules and renumbers parts of the

rule as appropriate.

This rule creates a standardized method by which the Commissioner of Agriculture, through the Colorado State Veterinarian, may identify feedlots in the State of Colorado that are approved to import livestock that come from states whose regulated disease statuses may be different from those in Colorado. Specifically, the rule identifies the requirements for a feedlot to attain and maintain a registration and the methods to apply for a registration. In addition, the rule obviates the need for import testing or vaccination in livestock that come from states with different regulated disease statutes prior to importation.

The overall purpose of this rule is to protect both the economic vitality of Colorado’s feedlots while continuing to protect the state’s livestock producers from diseases that are currently eradicated or controlled within the state.

Implementation of this rule is necessary to protect the economic viability of Colorado’s livestock producers.

Recent changes in neighboring states’ regulated disease status have made it difficult and expensive for feedlots within the state to import certain livestock for the purpose of finishing at a feedlot prior to sending to slaughter. An import ban on livestock from states that have lost certain disease regulation status or that have lower disease control requirements than Colorado makes it difficult for feedlots to import the numbers of livestock needed to maintain economic vitality. At the same time, importing cattle from states that have different statuses could be harmful to Colorado’s breeding herd and The Commissioner of Agriculture, in tandem with representatives from industry groups and the State Veterinarian’s Office, recognized that the dual goal of protecting Colorado’s livestock producers while providing feedlots a method to remain competitive could be achieved. This rule establishes a uniform method to identify those feedlots that are eligible to import livestock from states with different regulated disease statuses.

The rule permits importation of livestock from neighboring states whose regulated disease status have changed with minimal output cost to the Colorado feedlot. In addition, this rule maintains the important protections provided to Colorado’s livestock producers and breeding stock from diseases that are controlled or eradicated from within the State of Colorado. 16.7. Adopted: March 18, 2010 – Effective: April 30, 2010 The specific statutory authority of this rule is located in §§ 35-50-105(3)(a), (b), (c), (f), (h), (j), (n), (p), and (q), C.R.S., which cumulatively grant authority to the Commissioner of Agriculture, upon approval of the Colorado Agricultural Commission, to adopt rules related to designations of livestock disease for control and reporting purposes; health standards for importation of livestock; livestock testing for contagious or infectious disease; standards for disease surveillance among and in livestock; the form and manner of disease reporting; standards and requirements for disease prevention; and livestock disease prevention.

The purpose of this rule change is to update the rule to clarify definitions, strengthen testing procedures and guidelines, and implement an improved risk-based approach in preventing and controlling Bovine Trichomoniasis, also known as Trich.

The changes reflected in this rule-making represent new developments in the science of veterinary medical diagnostics and in the application of that science to better prevent and control the identified disease. In addition, these changes addressed the concerns of the livestock industry to mitigate the prevalence and economic implications of Trichomoniasis to the Colorado cattle industry.

Changes to the definitions of the rule add terms that have been identified and adopted in other parts of the Livestock Disease Control rules. In addition, changes in the definitions section amend previously adopted definitions to create consistency within the entire Livestock Disease Control rules. Further changes identify alternate official tests that may be used to identify Trich and reduce producers’ costs in the testing and release of quarantined herds, and formatting changes within the definitions provide consistency and clarity to terms used throughout this part of the livestock disease control rules.

The “Import Rules” section of this part underwent changes to place more stringent requirements on the import of cattle and to ensure that sample collection and testing procedures apply the most recent scientific understanding to better prevent and control the disease prior to import. The rules within this section are re-organized for ease of reading and clarity of thoughts. Minor changes to testing requirements amend previous requirements so as to assure more accurate test results. Finally, changes throughout the section clarify disease control requirements for breeding females, bulls, commuterpermitted bovines, and bovines at public livestock auctions.

Changes throughout the rule also allow for virgin bull affidavits as an alternative to testing bulls that are 12 to 18 months of age that have no history of sexual contact, thereby implementing a risk-based approach that reduces the testing requirements, the testing costs, and the risk of injury to cattle, owners/operators, and veterinarians.

Changes to the “Approved Laboratory Responsibilities” and “Approved Veterinarian” conform to law, removing requirements that the State Veterinarian could not legally enforce.

The reviewers found that since the inception of this rule several years back, updates in the science related to testing for Trich and updates in general knowledge related to the prevention of the disease rendered portions of the previous rule unnecessary to accomplish the same goals. The veterinary scientific community identified ways to improve the accuracy of testing by making improvements to the sampling procedure and testing protocol, which improvements are reflected in the rule changes. The reviewers identified risks to field veterinarians who were performing sample collections on bulls and the dangers associated with repeated collections from bulls that had previously been sampled. At least one veterinarian had been seriously injured while collecting samples from a previously sampled bull. Additionally, the reviewers found that due to the newer diagnostic tests and capabilities, fewer tests were required to release a Trich quarantined herd as repeated testing of the same animals would not yield any more conclusive results. Therefore, the new testing protocol allowed in the rule will produce a more accurate test with less risk to producers and veterinarians.

Other issues that the reviewers considered include the fact that other definitions throughout the “Livestock Disease Control” rules had been amended or changed entirely. Part of the effort with this rule-making was to bring this rule into closer conformity to other parts within the “Livestock Disease Control” rules as a whole.

Finally, the reviewers found it necessary to amend requirements for bulls known to be virgin bulls such that an owner’s affidavit would sufficiently and satisfactorily confirm the virgin status of their bulls without additional testing. Doing so will not increase the risk of spread of the disease because a risk-based testing approach to this age group of breeding bulls is already in place. Further, allowing affidavits will remove an undue financial burden on the livestock producers in testing all of their young bulls. Lastly, requiring the testing of virgin bulls over 18 months of age will increase disease surveillance and better control and prevent the disease.

The changes in these rules reflect the most up-to-date scientific studies, research, and knowledge available and apply that science in a manner that protects Colorado’s livestock industry while encouraging and maintaining a healthy and robust livestock sector within Colorado’s economy. 16.8. Adopted: November 12, 2014 – Effective: December 30, 2014 SPECIFIC STATUTORY AUTHORITY The specific statutory authority of this rule is located in §§ 35-50-105(3)(a) through (d), (f), (h), (j), (n), (p), and (q), C.R.S., which cumulatively grant authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt rules related to designations of livestock disease for control and reporting purposes; health standards for importation of livestock; standards for livestock health certificates; livestock testing for contagious or infectious disease; standards for disease surveillance among and in livestock; the forma and manner of disease reporting; standards and requirements for disease prevention; and livestock disease prevention.

The purpose of this rule-making is to provide revisions to portions of the current Livestock Disease Control rules that will make the rules easier to read and understand while updating the rules to reflect changes in disease detection, surveillance, testing, and monitoring. These changes in this rule-making reflect the efforts of the reviewers to achieve the dual goal of protecting Colorado’s livestock industry from disease while providing an environment where that industry may thrive.

In this rule-making, the reviewers focused on Parts 1, 2, 3, 5, 9, and 10. Generally, duplicative definitions from the rule were moved to an opening section, “Definitions.”

This section will apply to the entire rule except where a more specific definition remains or is set forth within a specific Part. Throughout the changed rules, the reviewers sought to clarify sentences, update language, removed duplicative terms, and increase readability.

Since the time that these rules were last reviewed, the USDA has finalized its disease traceability requirements. The changes to USDA’s rules effected changes in these rules.

These changes come into these rules in new definitions and in changes to requirements for CVIs, movement between states, and movement between Approved Feedlots.

Additionally, these rule changes represent the most current veterinary science related to disease transmissibility, prevention, and monitoring.

These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process conducted in accordance with the Governor’s Executive Order D 2012-002. 16.9. Adopted June 8, 2016 – Effective July 30, 2016 The specific statutory authority of this Rule is located in §§ 35-50-105(3)(a), (d), (f), and (h), C.R.S., which cumulatively grant authority to the Commissioner of Agriculture, upon approval by the Colorado Agricultural Commission, to adopt Rules related to designations of livestock disease for control and reporting purposes; standards and requirements for testing livestock for infectious or contagious diseases; standards for livestock health certificates; standards for disease surveillance among and in livestock; standards and requirements for disease prevention; and livestock disease prevention.

The purpose of this rule-making is to move relevant Rule provisions that are currently in 8 CCR 1201-1 “Health Requirements Governing Livestock and Poultry” into 8 CCR 1201-19 to permit that 8 CCR 1201-1 be repealed in their entirety.

Specifically, the changes to this Rule add a definition for “zoological park”; incorporate 8 CCR 1201-1’s exceptions to livestock that require a certificate of veterinary inspection into 8 CCR 1201-19; set forth the certificate of veterinary requirements for non-livestock animals, animals going to zoological parks, and wildlife; incorporate 8 CCR 1201-1’s bovine dairy herd tuberculosis testing and accreditation into 8 CCR 1201-19. These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process. 8 CCR 1201-1 was originally adopted in the 1950s. Most of that Rule were repealed with the enactment of § 35-50-101, et seq. This rule-making was important to streamline all Rules regarding livestock health into one Rule. 16.10. Adopted November 8, 2017 – Effective December 30, 2017 Statutory Authority Department of Agriculture pursuant to his authority under §§ 35-50-105(3)(a), (d), (f), and (h), C.R.S.

The purpose of this proposed rulemaking is to update definitions; delete the “Introduction” sections in each part; update the tuberculosis and brucellosis parts to align with updated federal guidelines; and clean up unnecessary language.

Specific Purpose The introduction sections were deleted in every Part in order to bring this rule into conformity with CDA’s uniform rules format; and the rule has been renumbered to bring it into uniformity with other Department rules. Grammatical and syntactic changes were made to Part 1, including bringing the definitions into conformity with national disease prevention, and statutory definitions.

Within Part 5 CCT responses being plotted on a CCT scattergram has been removed as it is informational in nature and not needed in rule. Sections of the rule pertaining to branding of reactor and exposed cattle have been removed because this is no longer practiced in the U.S. Language has been updated pertaining to imported cattle from Mexico to reflect the most recent Colorado import requirements.

Within Part 6 information pertaining to participation in a flock certified program has been removed. CDA has not had any participants in this program so it is being removed due to lack of use. In the event a livestock producer should be interested, CDA could create a voluntary program without rule guidance.

In Part 7 the portion of the rule on beef and bison brucellosis import test requirements has been removed as all of these vaccination and test requirements have changed so these rule requirements are no longer accurate.

In Part 8 portions concerning owner assist in handling and restraining animals has been removed as it has been removed in statute; the notification window for the approved laboratories to inform the State Veterinarian’s office of all positive test results has been changed to 24 hours to reflect the speed of modern communication technology; portions of 8.7 and 8.8 are being removed as EIA positive horses are no longer allowed to be slaughtered in the U.S. Changes brought the rule into alignment with USDA Code of Federal Regulations.

In Part 9 information about swine pseudorabies and brucellosis was deleted as these diseases have been eradicated from commercial swine in the U.S. If either disease reemerges it will likely be addressed as a new and emerging or a foreign animal disease and not described in this portion of the rule.

Part 12 was added to address reportable disease requirements of accredited veterinarians and diagnostic laboratories in Colorado.

These rule changes represent the most current veterinary science related to disease transmissibility, prevention, and monitoring. The language has been updated to bring it into conformity with national disease prevention terms, definitions, and standards. 16.11. Adopted April 14, 2021 – Effective June 15, 2021 Statutory Authority Department of Agriculture pursuant to her authority under §§ 35-50-105(3)(a), (f), and (h), C.R.S.

The purpose of this proposed rule-making is to remove the requirement that Colorado dairies be accredited TB-free and allow for voluntary accreditation.

Specific Purpose

Part 5.14.2 was amended to change the mandatory tuberculosis accreditation requirement for bovine dairy herds to voluntary accreditation.

Part 5.15.1 was amended to change the mandatory tuberculosis accreditation requirement for non-bovine dairy herds to voluntary accreditation.

The Colorado Dairy TB Accreditation testing program has existed as a disease surveillance tool used to potentially enable a more timely diagnosis and location of TB in Colorado. Many other states had similar TB accreditation testing programs but have since ended their programs. At this time, Colorado is the only state to require bovine and non-bovine dairy herd TB accreditation testing.

Colorado TB Dairy Accreditation testing has not proven to be an effective disease surveillance tool in past years and is not likely to locate newly infected TB dairy herds in the foreseeable future. Due to the economic and labor-related burdens associated with testing without a benefit in disease reduction, the CDA Animal Health Division is recommending a rule change to no longer require TB Accreditation for Colorado dairies 16.12. Adopted July 12, 2023 – Effective September 15, 2023 Department of Agriculture pursuant to her authority under §§ 35-50-105(3)(a), (f), and (h), C.R.S.

The purpose of this proposed rulemaking is to incorporate changes as a result of the Department’s Regulatory Efficiency Review Process, as well as to update the Rule to ensure the most up-to-date science and technology standards. Revisions to this rule include: updating definitions; adding a new “incorporations by references” section to streamline the inclusion of federal standards; adding a new section for the Swine Health Plan standards; and cleaning up unnecessary language.

Specific Purpose of the Rulemaking In Part 1 the reviewers clarified definitions and removed the definition of “Location identification number (LID)” since that term is no longer applicable. The reviewers also added a definition for “Test eligible cattle and bison”. Furthermore, a new Part 1.2 Incorporations by Reference was added to streamline the incorporation of USDA rules and program standards. A new Part 1.3 Record Keeping was also added since these record-keeping requirements apply to all of 8 CCR 1201-19, not just Part 5 where it formerly resided.

Part 2.1.1. clarifies that the veterinary inspection of animals for issuance of a CVI must be in person as virtual or telemedicine is not an allowable alternative. The reviewers have moved the import requirements that formerly resided in Part 2.2. to the CDA Animal Health Website which provides the most current import requirements and is more user-friendly for the stakeholders to find the information they need. The reviewers clarified Part 2.4 to differentiate between cats and dogs, and other non-livestock animals. The reviewers also updated Part 2 to indicate that the CVI requirements apply to all animals, not just livestock.

In Part 3, the reviewers removed definitions that were not being used and made minor grammatical changes throughout the section. The reviewers consolidated the commuter agreement requirements to be consistent in Part 3.2. Testing requirements were updated, including the removal of the requirement for adult female cattle to be Official Calfhood Vaccinates, and the testing requirements for T. fetus. The requirement for B. ovis testing upon return to Colorado was also removed. The non-compliance section was modified to be consolidated and streamlined.

In Part 4, the reviewers clarified that all movements to approved feedlots must meet CVI and other import requirements. In Part 4.4.1.1 and 4.4.1.2. the reviewers added information about record-keeping requirements. In several places throughout Part 4, the reviewers changed cattle to livestock, which would allow for other species to be considered for inclusion in the Approved Feedlot program, such as lamb feedlots.

In Part 5, the reviewers moved the import requirements to the CDA Animal Health Website which provides the most current import requirements and is more user-friendly for the stakeholders to find the information they need. In Part 5.13.1. new language was added to clarify that tuberculosis accreditation and re-accreditation are voluntary.

In Part 6, the reviewers changed or added language to clarify test results, use of tests, and testing procedures for the disease in rams. In Part 6.3.1, language was added to clarify the responsibility of the buyer to obtain official test records. Part 6.5.1.1 was added to address indeterminate test results and identify possible infection developing in rams.

In Part 7, the reviewers updated the definition of “reactor”, and added a definition of “suspect”. The import requirements were moved to the CDA Animal Health Website which provides the most current import requirements and is more user-friendly for the stakeholders to find the information they need. In Part 7.4. the reviewers clarified that vaccination for Brucellosis is voluntary in Colorado. Additional information was also added as to the strain of the vaccine and the age of the animal at which the vaccine shall be administered.

In Part 8, the reviewers added a new definition for “contact herd” and clarified that all test-eligible Equidae in a contact herd shall be placed under a hold order until those animals have been tested for EIA.

The reviewers incorporated the Swine Production Health Plan (SPHP) in Part 9.4 which was not previously addressed. The SPHP provides a streamlined framework for Swine Production Systems to move swine across state lines between operations when there is no change of ownership. The framework of these plans allows for movement of swine without individual identification as long as the requirements listed are met.

In Part 10, the reviewers added a definition of “official Colorado negative T. fetus tag”.

Additionally, the import information has been moved to the CDA Animal Health website along with all other import requirement information. In Part 10.4. new information was added regarding official ID requirements for all bulls that are tested for T. fetus, and that this identification information must be recorded on the test submission form.

In Part 11 reviewers made no significant changes to the rule aside from some grammatical corrections to improve consistency within the rule. 16.13. Adopted May 15, 2024 – Effective June 30, 2024 Department of Agriculture pursuant to her authority under §§ 35-50-105(3)(a), (d), (f), and (h), C.R.S.

The purpose of this proposed rulemaking is to incorporate two important updates. The first relates to trichomoniasis regulations in a market setting; the second, to equine movements and extended equine certificates of veterinary inspection.

Specific Purpose of the Rulemaking In Part 1, the reviewers added the definition of “Extended equine CVI (eeCVI)”. CDA staff have had discussions for several years regarding the extended equine CVI that is currently available through the Global Vet Link platform. This is something that Colorado has historically not allowed to be used for interstate movement of horses; however, Colorado is one of the very few states that does not allow this platform to be used. The

rule language that the reviewers have added in Part 2 (with the definition in Part 1) will allow for the eeCVIs to be used by accredited veterinarians for the movement of horses to and from Colorado.

In Part 2.1.7.1. the reviewers clarified that an extended equine CVI shall be void six months after the date of its issuance whereas all other CVIs are void 30 days after issuance. This is consistent with the purpose of the extended equine CVI programs that other states have adopted.

In Part 10.1.15., the reviewers added the new definition of “slaughter only back tag.” In Parts 10.3.3.3. and 10.4.6., the reviewers added a requirement for female cattle from a positive herd to be officially identified when red-tagged for movement to identify those cattle as coming from a trichomoniasis-positive herd.

When the reviewers completed their regulatory review in 2023, they inadvertently removed the section in the Trichomoniasis rule regarding trichomoniasis regulations in public livestock markets. The inadvertently removed provisions are critical, so the reviewers restored the language in a new section, 10.7., basing the restoration on rules adopted and published in 2021 at Part 10.2.5.

After publication of the rule, reviewers received feedback from subject matter experts in the field and veterinarians who work at the market regarding the use of slaughter only backtags. The reviewers have incorporated that feedback into updates in the language in this rule and updated the language in 10.7.2 to indicate that the use of the slaughter only back tags is optional. The experts also recommended that a slaughter only back tag be an option for rams in public livestock markets that have not been tested for B.

ovis. The reviewers incorporated those updates into Part 6, including adding a definition for slaughter only back tag and included the option of using this tag in 6.4.1. 16.14. Emergency Rule Adopted June 10, 2026 – Effective June 10, 2026 through October 8, 2026 The Colorado Commissioner of Agriculture finds that immediate adoption of these rules is imperatively necessary to protect Colorado’s livestock industry, and for preservation of public health, safety or welfare and that compliance with the rulemaking requirements of section 24-4-103, C.R.S., would be contrary to the public’s interest.

Specifically, the Commissioner finds that NWS myiasis and infestation caused by Cochliomyia hominivorax affects all warm-blooded animals, wildlife, birds, and occasionally people. This infectious pest poses a significant threat to the livestock industries in our state and could be carried into Colorado by any animal with an infestation.

Therefore, it is imperatively necessary to establish this emergency rule requiring animals leaving NWS infested zones must meet these enhanced requirements to protect the health and welfare of Colorado’s livestock industries.

These rules are promulgated pursuant to the Commissioner’s authorities as set forth at §§ 35-50-105(3)(c), (h), (m), (o), and (p), C.R.S., and § 24-4-103(6)(a), C.R.S.

Editor’s Notes

History

Part 2.1; Part 16.V emer. rules eff. 08/01/2008.

Parts 3-16 eff. 10/30/2008.

Part 9; Part 16 Sections II, III, VII eff. 04/30/2010.

Definitions, Parts 1-3, 5, 9-11, Part 16 Section VIII eff. 12/30/2014.

Definitions, Part 1 Sections IV-VII, Part 4 Sections II, XXI, Part 8 Sections I, II, IX, Part 16 Section IX, eff. 07/30/2016.

Entire rule eff. 12/30/2017.

Parts 5.14.2, 5.15.1, 5.15.1.2, 16.11 eff. 06/15/2021.

Parts 14, 16.12 emer. rules eff. 04/01/2022; expired 07/28/2022.

Entire rule, Part 16.12 eff. 09/15/2023.

Parts 14, 16.14 emer. rules eff. 04/30/2024.

Parts 1, 2.1.7.1, 6.1.10, 6.1.11, 6.4.1, 10.1.15-10.1.18, 10.3.3.3, 10.4.6, 10.7-10.7.5, 16.13 eff. 07/15/2024.

Parts 14, 16.14 emer. rules eff. 08/29/2024; expired 12/27/2024.

Part 14, 16.14 emer. rules eff. 06/10/2026.

8 CCR 1201-20 Live Bird Market Rule {#sec-8-ccr-1201-20 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-20}

COLORADO DEPARTMENT OF AGRICULTURE

8 CCR 1201-20

LIVE BIRD MARKET RULE [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1: Introduction Previous outbreaks of avian influenza (AI) have been associated with considerable economic losses for producers and increased costs to consumers and state and federal government. Losses incurred are the result of increased mortality, decreased production value, depopulation of infected flocks, disposal of carcasses, cleaning and disinfection of infected premises, disease surveillance and testing, institution of quarantine measures and loss of domestic and international trade.

Historically, low pathogenic avian influenza (LPAI) viruses have repeatedly been isolated from the live bird marketing (LBM) system in the United States. Although LPAI virus infections may cause little or no expression of clinical signs of illness in poultry, infections have been proven to result in decreased production, increased mortality and spread of the disease and are of significant concern. In addition, LPAI H5 and H7 subtypes have been shown to possess the potential to mutate into high pathogenic avian influenza (HPAI) subtypes. Avian influenza virus outbreaks, if they occurred today, could cause serious harm to the Colorado commercial poultry industry.

The Colorado Department of Agriculture (CDA) is responsible for protecting the health of the state’s poultry flocks and supporting an environment conducive to trade. Our global trading partners are increasingly wary of importing products from countries with avian influenza virus disease outbreaks. Such trade concerns, along with the risk of disease transmission posed by the virus circulating in the LBM system, have increased the need to prevent and control avian influenza outbreaks in the LBM system.

In order to protect Colorado poultry from avian influenza and prevent interruptions in trade, State and industry officials must cooperate to actively prevent and control LPAI or HPAI. In addition, some cases of human infections of HPAI have occurred in other countries in recent years. Therefore, human health would also benefit from a program that prevents the development of HPAI infections through the control of LPAI infections.

Premises and individual flock identification will be important to the success of this rule; therefore, the USDA Animal Disease Traceability Rule will be an aid in the administration of this rule.

The following goals of this rule apply to all participants in the LBM system, including the suppliers, dealers, haulers, auction markets, wholesalers, and live bird markets. The Colorado Live Bird Market System Program (LBMSP) recognizes three basic components of the LBM system: production units, distribution units, and LBMs.

The three primary goals of the Live Bird Market System Program are to:

1. Diagnose, control, and prevent avian influenza.

2. Help participants to improve biosecurity, sanitation, and disease control in their operations.

3. Minimize the effects of AI outbreaks on the Colorado commercial poultry industry.

Part 2 Definitions 2.1. “Accredited Veterinarian” means an individual who is currently licensed and in good standing with a veterinary licensing board or agency in any state of the United States or the District of Columbia to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. 2.2. “Agar gel immunodiffusion (AGID) test” means the official serological test for AI in which precipitates are formed by a combination of nonspecific AI antigens and antibodies that diffuse through a gel. A positive reaction indicates exposure to AI virus, but does not indicate a specific subtype. Samples positive by AGID must be further tested and subtyped using the hemagglutination inhibition test. A final decision on the status of an AGID-positive flock should be based on further sampling and testing for the presence of virus through RRT-PCR or virus isolation. 2.3. “AI” means avian influenza. 2.4. “Animal health official” means an employee of or person under the direct supervision of the Colorado Department of Agriculture (CDA), Colorado State University (CSU) or USDA who has

authority to carry out Live Bird Market System Program activities. 2.5. “Animal and Plant Health Inspection Service (APHIS)” means the agency in the United States Department of Agriculture known as the Animal and Plant Health Inspection Service. 2.6. “Approved laboratory” means a State, Federal, university, or private laboratory that has been approved by USDA, APHIS, Veterinary Services (NPIP or NAHLN), to perform one or more official AI tests for the program. 2.7. “Area Veterinarian in Charge (AVIC)” means the veterinary official of APHIS, VS, assigned by the Administrator to supervise and perform the official animal health programs of APHIS in the State or States concerned. 2.8. “Auction market” means a location where producers, dealers, wholesalers, and retailers meet to purchase, trade, or sell live birds. 2.9. “NPIP Certified Flock” means a flock or premises that complies with the required components of the National Poultry Improvement Program, including participating in avian influenza H5/H7 surveillance program developed by an Official State Agency, and that has a valid NPIP participation number. 2.10. “CDA” means the Colorado Department of Agriculture. 2.11. “Certified poultry technician (CPT)” means an individual who has been specially trained in poultry health monitoring and specimen collection by the State, and who is included on an official list of technicians certified by the State to perform inspections and specimen collections. 2.12. “Cleaning and disinfection (C&D)” means the methods used to destroy or eliminate AI on the premises. This requires thorough removal of organic material and debris, followed by treatment with the proper concentration of an agent effective in inactivation of AI virus. 2.13. “Commingled flock” means poultry from multiple sources that has been assembled into one or more groups. 2.14. “Commission” means the Colorado Agricultural Commission. 2.15. “Commissioner” means the Commissioner of Agriculture. 2.16. “Distribution system” means businesses (such as wholesalers, dealers, haulers, and auction markets) engaged in the transportation and/or sale of poultry to LBMs. These are the links between production flocks and LBMs. 2.17. “Distributor” means any of the businesses or an individual working within the distribution system serving the LBMs. 2.18. “Enzyme-linked immunosorbent assay (ELISA)” means a type-specific serological screening test to determine exposure to AI virus. 2.19. “Hauler/trucker” means a business or individual that transports poultry from producer premises to another supplier premises, to another distributor, or to an LBM. 2.20. “High pathogenicity avian influenza (HPAI) virus” means any influenza virus that kills at least 75 percent of 4- to 6-week-old susceptible chickens within 10 days following intravenous inoculation of 0.2 ml of a 1:10 dilution of infectious allantoic fluid; or any H5 or H7 influenza virus that has an amino acid sequence at the hemagglutination cleavage site compatible with HPAI; or any influenza virus that is not an H5 or H7 subtype and that kills one to five chickens and grows in cell culture in the absence of trypsin. 2.21 “Hold order” means a temporary order issued by the state veterinarian when an infectious or contagious disease is suspected in livestock to isolate any specific livestock, premises, county, district, or section of the state; restrict the movement of livestock; and specify sanitary measures, pending completion of testing. 2.22. “Infected premises” means a premises that houses a flock(s) that has been confirmed to be positive for AI virus, subtype H5 or H7, by an approved laboratory using an official test. 2.23. “Live bird market (LBM)” means any facility that gathers live poultry to be slaughtered and sold onsite. 2.24. “Live Bird Market System Program (LBMSP)” means the CDA program that controls and reduces outbreaks of avian influenza in all components of the live bird market system. 2.25. “Live bird marketing system (LBM system)” means the LBM system that includes LBMs and their production and distribution systems. 2.26. “Live haul” means a process and the personnel and equipment used in that process, in which live poultry are transported from one location to another. 2.27. “Lot” means a grouping of birds within a flock from a premises that arrive together at a market at one specific time point. 2.28. “Low pathogenic avian influenza (LPAI) virus” means all influenza A viruses of H5 and H7 subtypes that are not high pathogenicity avian influenza viruses. 2.29. “National Veterinary Services Laboratories (NVSL)” means the USDA, APHIS, National Veterinary Services Laboratories, which is the national diagnostic reference laboratory for AI. 2.30. “Positive flock” means a flock that has been confirmed to be positive for AI virus, subtype H5 or H7, by an official test performed at an approved laboratory. Specimens that are found to be positive by the AGID test must be tested by the hemagglutination-inhibition (HI) test and neuraminidase-inhibition (NI) test at the NVSL. The final determination of the status of an AI seropositive flock will be based on epidemiological data and additional serological and virological (rRT-PCR and virus isolation) testing. 2.31. “Poultry” means any species of domestic fowl (including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds) raised for food production or other purposes. 2.32. “Poultry dealers” means individuals in businesses or the businesses themselves concerned with trading birds in the LBM system, acquiring birds from multiple flocks and geographic areas for resale, or movement of live poultry between the production system and LBMs. 2.33. “Poultry waste” includes dead birds, feathers, offal, and poultry litter. 2.34. “Premises identification number” means a nationally unique number assigned by a state, tribal, or Federal animal health authority to a premises that is, in the judgment of the state, tribal, or Federal animal health authority, a geographically distinct location from other premises. The premises identification number is associated with an address, geospatial coordinates, or location descriptors that provide a verifiably unique location. The premises identification number may be used in conjunction with a producer’s own livestock production numbering system to provide a unique identification number for an animal. It may also be used as a component of a group or lot identification number. 2.35. “Production or supplier flock” means the production facility or farm that is the origin of poultry offered for sale in an LBM. 2.36 “Quarantine” means an order issued by the Commissioner of Agriculture when testing has confirmed the presence of an infectious or contagious disease in livestock, which order isolates specific livestock , premises, counties, districts, or sections of the state; restricts the movement of livestock; and specifies sanitary measures. 2.37. “Real-time reverse-transcriptase polymerase chain reaction (RRT-PCR)” means an official test to detect the RNA of AI virus. 2.38. “Registration” means the process by which an LBM provides to CDA the information required by these rules to register with the state as an LBM in the state. 2.39. “USDA” means the United States Department of Agriculture 2.40. “Veterinary Services (VS)” means the division of APHIS charged with animal health activities within the United States. 2.41. “Wholesaler” means a business with a facility that buys birds from producers, distributors, or auction markets, and then trades or resells them.

Part 3 Standards for Live Bird Markets 3.1. Live Bird Markets 3.1.1. Registration and education 3.1.1.1. A LBM must be registered with the CDA and must comply with the requirements of the LBMSP. A unique premises identification number will be assigned by the CDA . Information required for an LBM to become registered are as follows: 3.1.1.1.1. Business name, address, and telephone number; 3.1.1.1.2. Owner’s name, address, and telephone number; 3.1.1.1.3. Hours of operation; 3.1.1.1.4. Global Positioning System location; 3.1.1.1.5. Market capacity (number of birds held at the marketing location); 3.1.1.1.6. Other LBM facilities under the same ownership, including dealerships, bird transportation businesses, and commercial poultry operations; and 3.1.1.1.7. A list of all avian species marketed. 3.1.1.2. As a LBMSP participant, the LBM must allow LBMSP inspectors and personnel access to the facility and the birds in the facility during normal business hours for inspection and sample collection and for examination of market records. 3.1.1.3. LBM owners or managers are responsible for having knowledge of all rules and regulations of the LBMSP and are required to provide the training necessary to accomplish the execution of this rule. 3.1.1.4. All personnel that work in the market must be trained in biosecurity procedures as arranged by the owner/manager. Certificates of training will be maintained in personnel files. 3.1.2. Bird testing and recordkeeping 3.1.2.1. Markets shall be responsible for verifying origin premises and flock identification and obtaining documentation of NPIP certified status of the flock at the time of receipt of the birds. If records are not available, the birds shall not enter the market. 3.1.2.2. All birds entering the market will originate only from NPIP certified flocks and premises. 3.1.2.3. Records for avian species shall include the date of entry, the premises-of-origin identification number with lot identifier, the number and species of birds in the lot, the distributor registration number and the date of sale. 3.1.2.4. All records shall be maintained for a minimum of 12 months from date of entry of the bird(s)/flock into the market. 3.1.3. Market sanitation and biosecurity 3.1.3.1. A biosecurity protocol shall be developed by the LBM and approved by the LBMSP. Employees shall be required to follow biosecurity protocols. Biosecurity protocols shall include, but not be limited to, the following minimum requirements: 3.1.3.1.1. Transfer of the birds from shipping crates/cages into the market shall take place in a designated transfer area/room at the periphery of the facility. This transfer area shall be cleaned and disinfected in between deliveries. 3.1.3.1.2. Distributors or persons delivering live birds to the market shall deliver birds into the designated transfer area/room but shall not enter into the retail area of the market 3.1.3.1.3. All market personnel entering the designated transfer area/room shall walk through a disinfectant foot bath/pad using an approved disinfectant. 3.1.3.1.4. Crates/cages and other transport supplies shall not enter the retail market area. 3.1.3.1.5. Market crates and cages shall be constructed of plastic or metal.

Wood crates and cages shall not be used to house birds in the market. 3.1.3.1.6. Protocols shall provide detailed information on market cleaning and disinfection procedures. 3.1.3.1.7. All sanitation and biosecurity protocols shall be in written form and be made available to all live bird market employees and upon request to LBMSP personnel. 3.1.3.2. LBM environments and crates shall be kept in clean and sanitary conditions at all times, as defined by the biosecurity protocol. 3.1.3.3. Once delivered to a LBM, birds shall be killed and processed before leaving the facility. 3.1.3.4. LBMs are required to undergo regular, periodic closures with depopulation and complete sanitation, cleaning and disinfection (C&D), and downtime. The closures should occur at least quarterly with a minimum of 24 hours of downtime.

Closures shall be scheduled with the LBMSP at least two weeks prior to the event. The market must be inspected and approved by LBMSP personnel before being allowed to reopen. 3.1.3.5. Poultry waste must be contained in a manner approved by an animal health official to prevent disease transmission while it is awaiting disposal by a method acceptable to the jurisdiction where the market is located. 3.1.3.6. Birds from production units shall not be sold directly to LBMs unless the LBM owner or manager is also registered as a distributor, with the necessary LBMSP approval for protocols and equipment to ensure effective C&D of conveyances and equipment. 3.1.3.7. Other end-stage poultry markets that are not “slaughter-only” markets will require development and approval of special biosecurity safeguards and inspections to assure that they meet LBMSP Standards and are successful in the prevention and control of AI. 3.1.4. Market surveillance 3.1.4.1. LBMs and birds housed within the market may be tested for avian influenza virus by the LBMSP at any time, but they shall be tested as determined by the LBMSP personnel or at least quarterly. 3.1.4.2. Specimens collected for testing may include swab samples collected from live birds or the environment within the LBM; swabs collected on arrival from birds, conveyances, and crates; blood samples from birds; and swabs or tissues from sick and dead birds detected in the LBM. 3.1.4.3. LBMs shall notify LBMSP personnel of any increases in illness or mortality within 48 hours. 3.1.5. Market positives 3.1.5.1. LBMs that test positive for avian influenza virus on RRT-PCR or virus isolation at an approved laboratory will undergo mandatory market closure by the LBMSP.

Premises that have positive results for avian influenza shall be managed under the direction of the State Veterinarian or USDA. 3.1.5.2. The decision to reopen the LBM will be agreed upon by CDA and USDA and only after all necessary biosecurity, cleaning and disinfection, surveillance, fallow period, and all other necessary requirements are completed. 3.2. Poultry Distributors 3.2.1. Registration and education 3.2.1.1. Poultry distributors (consisting of dealers, haulers, the live haul process, auction markets, and wholesalers) must be registered with the LBMSP. The distributor’s business premises will be given a premises identification number in the state in which it is located. This identification number will be used when the distributor registers in other states. Information required for a distributor’s registration includes: 3.2.1.1.1. Business name, address, and telephone number; 3.2.1.1.2. Owner’s name, address, and telephone number; 3.2.1.1.3. Hours of operation; 3.2.1.1.4. Global Positioning System location of premises or residence; 3.2.1.1.5. Bird capacity; 3.2.1.1.6. Other businesses under the same ownership in the LBM system, including other dealerships, bird transportation businesses, and commercial poultry operations; and 3.2.1.1.7. A list of all avian and nonavian species distributed. 3.2.1.2. To register as a bird transporter within the LBM system, distributors must agree to allow LBMSP personnel and/or Federal animal health officials to have access to records upon request and to permit official inspections and testing of premises and equipment as required. 3.2.1.3. Registration will not be issued until there has been an inspection and approval of the facility, its record system, and the C&D equipment that will be used. 3.2.1.4. All personnel that work for the company must be trained in biosecurity. Records of employee training must be maintained in the personnel files. 3.2.2. Bird testing and recordkeeping 3.2.2.1. Distributors may only accept properly identified and properly documented birds from NPIP participating flocks accompanied by an NPIP movement form 9-3. 3.2.2.2. Distributors must comply with recordkeeping requirements. They must maintain records for 12 months of bird pickups and deliveries that include: NPIP 9-3 movement forms, dates of pickup and delivery, locations, species, numbers of birds, and farm premises identification numbers that include lot identification. In addition, distributors must keep records of C&D of premises and/or conveyances. 3.2.2.3. Any indication noted by a distributor that paperwork has been altered or that it misrepresents the sources or test status of birds coming into the LBM must be reported to the State Veterinarian or their designee. 3.2.3. Distributor sanitation and biosecurity 3.2.3.1. Distributor vehicles, bird-holding devices, and any premises where birds may be held must be clean and sanitary at all times. 3.2.3.2. Documented biosecurity protocols, developed by the distributor and approved by the state, must be in place. 3.2.3.3. Distributors must use state-approved all-season crate and conveyance washing equipment and present C&D documentation when obtaining birds from producers and from other distributors. Once emptied of birds, conveyances and coops must undergo C&D between all deliveries. 3.2.3.4. Before the distributor returns to a farm after visiting an LBM, all cages, vehicles, and other equipment must undergo C&D. 3.2.3.5. Distributors may not transport live birds or other live animals from LBMs. 3.2.4. Distributor surveillance 3.2.4.1. Distributors will be subjected to random inspections by state or federal officials of the state in which they are located. These random inspections will be done to ensure that conveyances, crates, and facilities are clean and sanitary and that records are being kept according to LBMSP requirements. 3.2.4.2. Distributors will be tested at least quarterly for LPAI virus. Testing may include facility environment, conveyances, crates, and birds, if present. 3.2.4.3. Specimens of choice and the types of tests to be run for each are covered in Part 3.1.4.2. of this document. 3.2.5. AI-positive distribution units 3.2.5.1. Premises that have positive results for avian influenza shall be managed under the direction of the State Veterinarian or USDA. 3.3. Production Units 3.3.1. Registration and education 3.3.1.1. Production units must be registered and must obtain a premises identification number to be used for all business pertaining to the LBMs. Information required for the records include: 3.3.1.1.1. Business name, address, and telephone number; 3.3.1.1.2. Owner’s name, address, and telephone number; 3.3.1.1.3. Global Positioning System location; 3.3.1.1.4. Premises capacity; and 3.3.1.1.5. Other bird and animal production or sales facilities, as well as dealerships and bird transportation operation, under the same ownership. 3.3.1.1.6. A list of all avian and non-avian species produced. 3.3.1.2. To participate in the LBMSP, production units shall allow LBMSP personnel to have access to all records and equipment for inspections when requested.

Testing may be conducted as indicated by the LBMSP. 3.3.2. Bird testing and recordkeeping 3.3.2.1. All production units must be NPIP certified flocks. 3.3.2.2. Birds loaded for transportation to a distributor shall be identified by premises of origin and shall contain an appropriate date or lot number that will distinguish this shipment from others. This information shall be recorded on NPIP 9-3 movement form that will be provided to the distributor or LBM. These records must be maintained for 12 months. 3.3.2.3. Birds from production units shall not be sold directly to LBMs unless the flock owner or manager is also registered as a distributor, with the necessary LBMSP approval for protocols and equipment to ensure effective C&D of conveyances and equipment. 3.3.3. Sanitation and biosecurity 3.3.3.1. Production unit facilities, conveyances, bird holding devices, and other equipment shall be clean and sanitary at all times. 3.3.3.2. Biosecurity protocols shall be developed by the producer and be in place in all production units on the premises. 3.3.3.3. Records of employee training shall be maintained in the company personnel files. 3.3.3.4. Producers shall have approved equipment available for C&D of premises, conveyances, and crates. They shall maintain records of C&D. 3.3.4. Producer surveillance 3.3.4.1. Premises may be subjected to random inspections by LBMSP personnel to ensure that premises, conveyances, and coops are clean and sanitary. Random samples may be collected for avian influenza surveillance from birds or environment at the time of inspection. 3.3.4.2. Records will be reviewed during site inspections. 3.3.5. Avian influenza positive production facilities 3.3.5.1. Premises that have positive results for avian influenza shall be managed under the direction of the State Veterinarian or USDA.

Parts 4-6 Reserved

Part 7: Statements of Basis, Specific Statutory Authority and Purpose 7.1. Adopted: August 30, 2006 – Effective October 30, 2006 The statutory basis for this rule is §§35-50-101 et.seq., C.R.S. 2005 and specifically, §§ 35-50-105 (3)(h), C.R.S., 2005., powers and duties of the Commissioner.

The basis of this rule lies in the importance of maintaining the health of the poultry industry in Colorado, specifically, protecting the industry from the economic consequences of an outbreak of avian influenza (AI). Avian influenza can take two forms, a milder version referred to as “low pathogenic avian influenza”

(LPAI). LPAI typically causes little or no clinical illness in poultry but results in decreased production and increased mortality. Additionally, LPAI H5 and H7 subtypes have been shown to possess the potential to mutate into the more ravaging version, referred to as “high pathogenic avian influenza” (HPAI).

Historically, live bird markets have been proven to harbor LPAI.

The purpose of this rule is to identify necessary sanitary standards for live bird markets and to establish a surveillance and testing protocol that the live bird market system, including suppliers, dealers, haulers, auction markets, wholesalers, and live bird markets, must follow. The three primary goals of this rule include: (1) diagnose, control and prevent avian influenza; (2) help participants improve biosecurity, sanitation and disease control in their operations; and (3) minimize the effects of AI outbreaks on the Colorado commercial poultry industry. 7.2. Adopted November 9, 2016 – Effective December 30, 2016 Statutory Authority This rule is amended and adopted pursuant to the Commissioner’s authorities found at § 35-50-105, C.R.S., specifically, § 35-50-105(3)(a), (c), (f), (h), (i), (j), (l), and (p), C.R.S.

Purpose of changes to the rule The purpose of this rule-making is to update matters related to the identification, control, and sanitation related to avian influenza, both low pathogenic and highly pathogenic influenzas, in bird production units, bird distribution units, and live bird markets within Colorado.

Factual and Policy Issues Throughout the rule, the reviewers updated language to bring it into conformity with national disease prevention terms, definitions, and standards. Concepts related to “premises identification” are updated to conform to the national standard. As well, more precise information related to avian influenza is added to provide clarity for users of the rule.

In areas where terms that are identified and defined within the organic act, § 35-50-101, et seq., the reviewers ensured consistency of terms used in the statute and in the rule.

Additionally, the reviewers found it necessary to provide greater clarity with regard to bird testing and record-keeping of production facilities. The rule now provides the standards necessary in a clearer manner for a production facility and its “AI Monitored Flocks” and “Tested Flocks.”

Finally, the reviewers modified the registration system because the previous rule had included a system that created a registration that extended beyond the bounds of the Commissioner’s authority with regard to registration, denial of registration, and a hearing process for that registration and possible denial of registration. This rule still requires registration, but the registration that this rule provides is one by which a covered entity registers with the Commissioner and is subject to the enforcement authorities of the statute without creating additional hearing options or additional enforcement authorities.

Specific Purpose of this Rulemaking The reviewers made grammatical and syntactic changes to Part 1, including removing acronyms where more specific language would clarify the intent and updating the term “National Animal Identification System” to its current name, the “USDA Animal Disease Traceability Rule.”

Within Part 2, the definitions section, the reviewers changed “Accredited Veterinarian” and “Cleaning and disinfection” to make these definitions consistent with other rules for livestock disease adopted by the Commissioner. “Hold order” and “Quarantine” are changed to be consistent with how those terms are used within the rule’s enabling act. The reviewers also updated definitions related to avian influenza and flocks associated with avian influenza to add precision and clarity. Finally, the reviewers changed “registration” to comport with the authority the Commissioner has to require registration.

Changes to Part 3 include changes regarding waste and updated biosecurity measures for live bird markets. Additionally, the reviewers expanded Part 3.3 to clarify the bird testing and record-keeping required for production units. The reviewers provide this change to enhance testing protocols and qualifying standards for the industry to distinguish a “monitored flock” from a “tested flock.” This change also permits the reviewers to remove the “established flock” category, simplifying the distinctions.

The reviewers removed Part 4 because the rule’s enabling act contains this language. There is no need to repeat it in rule.

The reviewers removed Part 5 because there is no authority for the Commissioner to deny or grant registration. Rather, the Commissioner’s authority extends to disease control and record-keeping of those facilities that are registered with the Commissioner.

Similarly, the reviewers removed Part 6 because the rule’s enabling act contains the authority for civil penalties for violations of the rule or of the enabling act. There is no need to repeat it in the rule.

The reviewers have re-numbered the rule to contemplate the removed sections and to bring uniformity within the rule to its numbering convention. 7.3. Adopted June 9, 2021 – Effective July 30, 2021 Statutory Authority These rules are amended and adopted pursuant to the Commissioner’s authorities found at § 35-50-105, C.R.S., specifically, § 35-50-105(3)(a), (c), (f), (h), (i), (j), (l), and (p), C.R.S.

Purpose The purpose of this rulemaking is to make revisions as a result of the agencies regulatory efficiency review process. These revisions update provisions of the rule related to avian influenza surveillance requirements so that those requirements align with the surveillance components outlined in USDA’s National Poultry Improvement Plan (NPIP). Further, the revisions to the rule create an obligation that all live bird markets must verify the origin premises and the flock identification of birds coming into the market. Finally, the revisions to the rules require that all live bird markets obtain documentation of a flock’s NPIP-certified status at the point of receipt of the birds into a market.

Factual and Policy Issues The NPIP is a cooperative plan developed jointly by the poultry industry, state animal health officials, and the United States Department of Agriculture to promote the health of poultry nationwide. The NPIP incorporates a variety of disease testing programs and biosecurity guidelines to prevent and control the spread of poultry disease. The NPIP also establishes standards for official tests and diagnostic protocols, including avian influenza.

The previous requirements for avian influenza surveillance in this rule were onerous and were difficult to monitor and enforce. The most effective method for avian influenza surveillance is to require a producer’s participation in the NPIP, as confirmed by the live bird markets at the time of receipt of any birds from a flock into the live bird market. This practice also ensures low-risk movement of flocks within the live bird market system. To harmonize the rules with this surveillance approach, the Department has revised specific definitions and requirements as outlined in more detail below.

Specific Changes The Department has revised the following terms in Part 2: “Approved laboratory,” “Avian Influenza Approved Flock or Premises,” “Live Bird Market System Program (LBMSP),” and “Low pathogenic avian influenza (LPAI).” The Department's revisions to “Approved Laboratory” and “Low pathogenic avian influenza (LPAI)” are intended to harmonize definitions used in these rules with updated language from the USDA. The revisions to “Live Bird Market System Program (LBMSP)” are to clarify the program definition under this rule. The change of definition from “Avian Influenza Approved Flock or Premises” to “NPIP certified flock” is to harmonize the definition in this rule to that in NPIP. The Department further amended the definition of “Commissioner” so that it is consistent with the definition used in the Livestock Health Act at section 35-50-103(3), C.R.S. In addition, the Department deleted the terms “Established flock,” “H5, H7 LPAI,” “Qualified bird,” and “Test certificate” because these terms have either become obsolete or are not used in the rules.

The Department amended Part 3.1.2 to require that those markets obtain documentation to evidence that imported birds originate from an NPIP-certified flock and premises. This requirement ensures that the Department has adequate surveillance for avian influenza through the NPIP program, as well as animal disease traceability, both of which will help to mitigate the risk of avian influenza within the live bird market system in Colorado.

The Department also amended Parts 3.1.5, 3.2.5, and 3.3.5 to remove rigid responses to live bird markets, distributors, or production facilities that experience a positive avian influenza incident. The

purpose of this change is to permit the State Veterinarian to craft incident-specific responses to positive facilities.

Parts 3.2 and 3.3 were modified to clarify registration requirements for distributors and production facilities. Specifically, these changes remove onerous diagnostic testing requirements and instead require NPIP participation of flocks within the live bird market system. The change aligns avian influenza surveillance requirements, recordkeeping, and movement requirements in these rules with those of the NPIP program, which will provide better overall standardized surveillance and animal disease traceability for all entities within the live bird market system to mitigate the risk and impact of avian influenza.

All other proposed changes to the rules are to correct non-substantive typographical, grammatical, and formatting errors and to update numerical references for accuracy. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2016.

Entire rule eff. 07/30/2021.

8 CCR 1201-21 Rule Pertaining to the Administration and Enforcement of the Colorado Aquaculture Act {#sec-8-ccr-1201-21 omnilex-key=us-co-regs-official--department-1--8 CCR 1201-21}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO

AQUACULTURE ACT

8 CCR 1201-21 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. DEFINITIONS 1.1. “Aquaculture Facility Permit” means a permit issued by the Commissioner to operate an aquaculture facility as defined in § 35-24.5-103(2), C.R.S. 1.2. “Aquatic Organism(s)” means an individual member of any species of fish, mollusk, crustacean, aquatic reptile, aquatic amphibian, or aquatic insect or other aquatic invertebrate. It includes the viable gametes (eggs or sperm) of an aquatic organism. 1.3. “Broker” means an agent who negotiates contracts of purchase and sale of live aquatic organisms. 1.4. “Commissioner” means the Commissioner of the Colorado Department of Agriculture. 1.5. “Department” means the Colorado Department of Agriculture. 1.6. “Division” means the Division of Colorado Parks and Wildlife. 1.7. “Retail Food Establishment” shall have the meaning set forth at § 25-4-1602 (14), C.R.S. 1.8. “Transport” means the movement of live aquatic organisms from an individual's, partnership's, corporation's, or other legal entity's property or the movement of live aquatic organisms from one watershed to another.

Part 2. PERMIT REQUIREMENTS 2.1. Except as provided herein, no person may propagate, sell, broker, trade or transport or attempt to propagate, sell, broker, trade or transport any live aquatic organisms unless the aquaculture facility which said person operates first obtains an aquaculture permit as provided in these rules. 2.2. The following persons do not need an aquaculture permit: 2.2.1. A broker who never takes physical possession of live aquatic organisms; or 2.2.2. A person who 2.2.2.1. operates a retail food establishment that holds and displays live aquatic organisms for the purpose of selling such organisms, whether alive or dead, directly to individuals for use as food; 2.2.2.2. when those organisms are from a holding tank that is not hydrologically connected to the waters of the state; and 2.2.2.3. when that person does not propagate, transport, or release live aquatic organisms into the waters of the state. 2.2.3. A bait dealer, who sells live aquatic organisms for use as bait, if: 2.2.3.1. all the live aquatic organisms the bait dealer sells are obtained from a source that has been inspected and certified free of disease in accordance with Division regulations and policies; 2.2.3.2. the dealer maintains records and provides receipts to customers as required in

Part 6.5 of these rules; and 2.2.3.3. the dealer registers on a form provided by the Commissioner. 2.2.4. Anyone exempted from such requirement by §§ 35-24.5-109(5) and (6), C.R.S. 2.2.5. A person who transports legally obtained live aquatic organisms for non-commercial personal use or consumption so long as such live aquatic organisms are not released into the waters of the state and so long as the live aquatic organisms are species whose possession the Division allows.

Part 3. PERMITTED ACTIVITIES 3.1. Except as otherwise prohibited by law, a permittee may sell, trade, transport or broker live aquatic organisms or operate a production facility for the purposes of propagating, selling, trading or transporting live aquatic organisms. Several satellite stations of a production facility may operate under one aquaculture permit provided all such satellite stations are listed on such permit. All production facilities that sell or release live aquatic organisms must obtain an annual health inspection performed in accordance with Division regulations and policies.

Part 4. APPLICATION AND PERMITTING PROCEDURE 4.1. Applicants for an aquaculture facility permit or renewal of a permit must apply for required permits on forms provided by the Department accompanied by payment of one hundred dollars ($100.00). Each applicant must submit a complete, accurate, and legible application. An additional fee is not required to amend a permit (i.e., add more species). 4.2. Aquaculture facility permits are non-transferable and shall expire December 31 of each year. 4.3. Applications for renewal of an aquaculture facility permit must be received by the Department on or before December 31 of the year preceding the year for which renewal is sought. 4.4. Applicants must list the species of aquatic organisms that they intend to possess. 4.5. A Department or Division employee may make a personal inspection of the applicant's facilities when considering an initial application to determine compliance with these regulations. 4.6. No application for a permit or renewal of a permit will be issued to any facility that possesses any aquatic wildlife that is not approved by the Division pursuant to 2 C.C.R. 406-0, Chapter W-0,

Article VII, #012 (2023), incorporated herein by reference and does not include any later amendments or editions. Copies of material incorporated by reference in these Rules are available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Animal Health Division, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at the Colorado Secretary of State’s web site: www.sos.state.co.us, or more specifically at: http://www.sos.state.co.us/CCR/NumericalCCRDocList.do?deptID=13&deptName=400%20Depar tment%20of%20Natural%20Resources&agencyID=134&agencyName=406%20Colorado%20Par ks%20and%20Wildlife%20(406%20Series,%20Wildlife). 4.7. An application for issuance or renewal of an aquaculture permit may be denied in its entirety or limited as to species authorized to be kept if necessary to protect Colorado's wildlife resources or cultured aquatic stock from a negative impact such as: 4.7.1. Potential habitat competition, damage or destruction; 4.7.2. Insufficient biosecurity; 4.7.3. Disruption of migration, breeding, or rearing and survival of young; 4.7.4. Predation; 4.7.5. Danger to humans, domestic livestock or property; or 4.7.6. Disease. 4.8. In the event of a denial of application for permitting or renewal, the Board shall provide written notification to the applicant stating the reasons for denial within sixty (60) days of the receipt of a completed application. 4.9. Review of any denial will be conducted in accordance with §§ 24-4-104 and 105, C.R.S.

Part 5. INSPECTION 5.1. The permittee must allow the inspection of aquatic organisms or facilities by persons authorized by the Commissioner to enforce these regulations at any reasonable time. A permittee must make records required by these regulations available to such authorized Department or Division employees during regular business hours.

Part 6. RECORD KEEPING 6.1. All aquaculture facility permittees shall maintain records documenting the acquisition of aquatic organisms. The records must show the name and address of the business or person from whom such aquatic organisms were obtained, their date of acquisition, and their species, number and size. The permittee shall retain all records for the period of ownership of the aquatic organisms and for three (3) years after disposition. 6.2. When live aquatic organisms are sold, traded, taken or otherwise disposed of from an aquaculture facility, the permittee or operator shall, at the time of transfer of possession, give an invoice to the person receiving such aquatic organisms. Such invoice must contain the permittee's name and the name and address of the recipient, date of delivery, species, number or weight and size of the aquatic organisms. 6.3. The permittee shall maintain copies of all invoices for aquaculture facility permits for three (3) years. 6.4. The permittee shall maintain all original records at the same location as the production facility or satellite location or at the Colorado address of the permittee. 6.5. Bait dealers who are exempt from the aquaculture permit requirement pursuant to Part 2 of these rules shall: 6.5.1. maintain records of all acquisitions of live aquatic organisms. The records must show the name and address of the business or person from whom such aquatic organisms were obtained, their date of acquisition, and their species, number, and size; and 6.5.2. provide each purchaser of live aquatic organisms with a written receipt stating the seller’s name, address, the date of sale, and the species and number sold.

Part 7. SPECIAL REGULATIONS 7.1. In all cases of permitting, taking, possession, importation, transportation, exportation, release, marking and sale of cultured aquatic stock or legally obtained wild aquatic organisms, the most restrictive state or federal law shall apply.

Part 8. NON-COMPLIANCE 8.1. Non-compliance with the provisions of this rule constitutes grounds for denial, suspension or revocation of an aquaculture facility permit pursuant to the provisions of § 35-24.5-110 C.R.S.

Any permittee whose permit is denied, suspended, or revoked, by the Commissioner shall lawfully dispose of all live aquatic organisms held pursuant to the permit in the manner and within the time period ordered by the Commissioner.

Part 9-12. RESERVED

Part 13. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 13.1. March 30, 1992 – Effective April 30, 1992 The Statement of Basis, Specific Statutory Authority and Purpose for this rulemaking activity is no longer in the Department’s files. 13.2. February 17, 1998 – Effective April 30, 1998 These rules are adopted pursuant to 35-24.5-105(1) and 35-24.5-106(1).

These recommended changes are the result of a review of the existing regulation by the Colorado Aquaculture Board. This review resulted in both technical and operational changes being recommended. 13.3. May 13, 2008 – Effective June 30, 2008 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 Aquaculture Act (the “Act”), §35- 24.5-107(1)(a),(c), and 5, C.R.S.

1. Require all fish in Colorado aquaculture holding and aquaculture production facilities to be certified as Viral Hemorrhagic Septicemia (“VHS”)-free in accordance to Colorado Division of Wildlife Chapter 0 Regulations.

2. Reduce the aquaculture facility permit fee from $150.00 to $100.00.

3. Correct several typographical errors, delete obsolete language, and to add a section to contain the statements of basis, specific statutory authority and purpose.

The factual and policy issues encountered when developing these rules include:

1. Rule III(A) currently requires all production facilities that sell or stock live salmonids to obtain an annual fish health inspection. In March of 2008 the Colorado Division of Wildlife expanded its Viral Hemorrhagic Septicemia (“VHS”)-free certification requirements for salmonids to include testing for all species of fish. The requirement applies to all in-state aquaculture holding and aquaculture production facilities and is intended to maintain Colorado’s VHS-free status. CDA proposes to amend Rule III(A) to expand the VHS-free certificate carrying requirement to all fish in Colorado aquaculture holding and aquaculture production facilities.

2. Section 35-24.5-106(1)(a), C.R.S. allows for the Colorado Aquaculture Board to consider and recommend to the Commissioner rules concerning fees to fund all direct and indirect costs of the administration and enforcement of the Act. CDA recommends a reduction in the aquaculture facility permit yearly fee from $150.00 to $100.00 because the current level of administration of the program would remain intact, and there would be a reduction in cost to the aquaculture industry.

3. After review of these Rules, the Aquaculture Board found three typographical errors that needed to be corrected and, if these amendments are passed, an obsolete sentence that needs to be struck from the Rules. 13.4. December 9, 2008 – Effective January 30, 2009 The amendments to these rules are proposed to the Commissioner of the Colorado Department of Agriculture (“Commissioner”) for his adoption pursuant to his authority under the Aquaculture Act (the “Act”), § 35-24.5-107(1) and (5), C.R.S.

4. Define “aquaculture facility permit” to comport with the current definition as codified within the Aquaculture Act, § 35-24.5-103(2), C.R.S.

5. Define the common, biological term “Gamete(s)” as it specifically relates to fish and aquaculture.

6. Clarify aquaculture facility permitting requirements for the following groups of persons in the following ways:

a. To articulate that a broker who never physically possesses a live fish or viable gamete does not need a permit;

b. To create an exemption for those persons who sell live fish to individuals from grocery stores, fish markets, and restaurants, but to maintain the requirement that those who transport live fish to these types of outlets must have a permit;

c. To distinguish bait dealers who propagate, transport, or release live fish or viable gametes into state waters from those who do not such that only bait dealers who propagate, transport, or release live fish or viable gametes into state waters need a permit. Those who do not undertake these specified activities do not need such a permit as long as they obtain their live fish and viable gametes from a Division fish health certified source, maintain records of fish acquisition, and provide their customers receipts for sale of live fish and viable gametes;

d. To maintain the exemption from requiring a permit for those who hold live fish or viable gametes in closed aquaria or backyard ponds, including those facilities that are municipal, state, or federal facilities or any accredited zoological garden; and e. To clarify that persons transporting live fish or viable gametes that have been legally obtained for a non-commercial, personal use in aquaria or backyard ponds or as bait do not need a permit.

4. To articulate and clarify the results of non-compliance with the provisions of the rule and to allow the Commissioner to set the time limit for disposal of live fish and viable gametes in the event that a permit is denied, suspended, or revoked.

5. To establish record-keeping requirements of bait dealers who are exempt from the permitting requirements of the Aquaculture Act.

6. To move this rule within the Code of Colorado Regulations from the Markets Division (8 CCR 1204-7) to the Animal Industry Division (8 CCR 1201-21) to reflect a reorganization of the Aquaculture Act to the Animals Division within the Colorado Department of Agriculture.

7. To make general changes to language within the rule to ensure consistency with the newly proposed definitions, exemptions, and other changes.

Factual and policy issues The factual policy issues encountered when developing these rules include:

1. The definitions of the rule are changed to provide more consistent, clear language to define that a permit is for an aquaculture facility as defined within the Aquaculture Act, § 35-24.5-101, et seq.

2. Section II.A is expanded to define more clearly who does and who does not need a permit pursuant to the Aquaculture Act. The previous definition broadly stated that no aquaculturist could engage in the described acts without a permit. The proposed language articulates five exemptions from permitting based upon a variety of factors, thus more clearly guiding the public.

3. Throughout the rule, changes in language are incorporated to clarify intent, remove obsolete provisions, and to bring the rule as a whole into conformity with the newly proposed parts. 13.5. February 15, 2013 – Effective March 30, 2013 The amendments to these rules are proposed to the Commissioner of the Colorado Department of Agriculture (“Commissioner”) for his adoption pursuant to his authority under the Aquaculture Act (the 1. Define “aquatic organism” to comport with the current definition as codified within the Aquaculture Act, § 35-24.5-103(5), C.R.S.

4. Change language throughout the rule to conform terms to the new definition of “aquatic organism” and removal of the term “gamete.”

5. Define “Division” to comport with its new name, the Division of Parks and Wildlife.

6. Change language throughout the rule to conform terms to the new definition of “Division” and removal of any references to the non-existent Division of Wildlife.

7. Introduce new structure to the rules to provide ease of comprehension and application without modifying any current requirements or limitations.

8. Provide a registration process for bait dealers who are exempt from the aquaculture facility permitting process to ensure that the Department properly records them as bait dealers and thus exempt from permitting requirements.

Factual and policy issues The factual policy issues encountered when developing these rules include:

1. The Department continues to attempt to make these rules easier to read and more effective. The use of “aquatic organism” allowed the Department to simplify the rule to get rid of “live fish and viable gametes,” characterizing this group, generally, as “aquatic organisms.” Similarly, the Department had to change the reference to Division of Wildlife to match its new name, Division of Parks and Wildlife.

2. Throughout the rule, the Department has used new paragraphs, indentation, and numbering to make the rule more readable and accessible. The Department has moved lists of items from paragraph form into numbered form to improve ease of access and increase reader comprehension. These changes are cosmetic in nature and do not change any regulatory requirements.

3. Because bait dealers are exempt from the permit process, the Department needed a method to identify them more quickly and simply. Thus, the Department created a system by which bait dealers could register with the Department as a “bait dealer” and avoid any confusion with regard to whether they did or did not meet the exemption status for permitting.

4. The Department created a new “Non-Compliance” section and moved already-existing language into that section, illustrating its stand-alone application.

5. These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process conducted in accordance with the Governor’s Executive Order D 2012-002. 13.6 Adopted September 26, 2018 – Effective November 15, 2018 The amendments to these rules are proposed to the Commissioner of the Colorado Department of Agriculture (“Commissioner”) for his adoption pursuant to his authority under the Aquaculture Act (the The purpose of this rule-making is to make the Rules easier to read and understand while updating the Rules to reflect changes in Colorado Parks and Wildlife’s (“Division”) regulations. Other changes include: clarifying sentences; updating language; increase overall readability; and updating the numbering system to be consistent with other Department Rules.

A definition was added for “Retail Food Establishment” to Part 1, which corresponds to a change in Part 2 that now clarifies that retail food establishments that hold and display live aquatic organisms for the

purpose of selling such organisms directly to individuals for food do not need an aquaculture permit so long as their live aquatic organism holding tanks are not connected to the waters of the state and so long as the establishment does not propagate, transport, or release live aquatic organisms into the waters of the state. This clarification limits regulatory oversight of establishments that hold live aquatic organisms when those organisms pose minimal threat to Colorado’s indigenous species.

Division staff requested removing Rule IV.F so as to reduce unnecessary barriers to the issuance of aquaculture facility permits to persons who might purchase or otherwise acquire waters that had previously been stocked with aquatic organisms at the publics expense. Further, the Division updated its

rule sets with regard to what species of aquatic organisms will be permitted in the state of Colorado. As a result of that change, the Commissioner will now rely on the Division’s list of approved aquatic wildlife when contemplating his issuance of an Aquaculture Facility Permit. To reference the Division’s new regulations, the reviewers incorporate by reference the revised Division regulation, 2 C.R. 406-0, Chapter W-0, Article VII, #012, into a revised Rule 4.6. 13.7. Adopted May 10, 2023 – Effective June 30, 2023 The amendments to these rules are proposed to the Commissioner of the Colorado Department of Agriculture (“Commissioner”) for her adoption pursuant to her authority under the Aquaculture Act (the The revisions to these Rules incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

The reviewers updated the incorporation of rules in Part 4.6 to align with the most recent version of Colorado Parks and Wildlife rules that became effective January 1, 2023. _________________________________________________________________________ Editor’s Notes

History Recodified from 8 CCR 1204-7. Entire rule eff. 01/30/2009.

Entire rule eff. 03/30/2013.

Entire rule eff. 11/15/2018.

Rules 4.6, 13.7 eff. 06/30/2023.

1202 Inspection and Consumer Services Division

8 CCR 1202-1 Packaging and Labeling {#sec-8-ccr-1202-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-1}

DEPARTMENT OF AGRICULTURE

Inspection and Consumer Services Division PACKAGING AND LABELING 8 CCR 1202-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

RULE I. PACKAGING AND LABELING

STATEMENT OF BASIS - LEGAL AUTHORITY -- Title 35, Article 14, Section 107(o). Colorado Revised Statutes 1973 as amended.

STATEMENT OF PURPOSE -- This Packaging and Labeling rule is in compliance with the Measurement Standards Act of 1983 and enables consumers to obtain accurate information as to the quantity of the contents and facilitates value comparisons.

1. DEFINITIONS 1.1 COMMODITY IN PACKAGE FORM - means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. An individual item or lot of any commodity not in package form as defined in this rule but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be a commodity in package form. Where the term "package" is used in this rule, it shall be construed to mean "commodity in package form" as herein defined. 1.2 CONSUMER PACKAGE OF CONSUMER COMMODITY - means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions. 1.3 INCH POUND SYSTEM - means the United States customary system of weights and measures as approved by the United States Department of Commerce. 1.4 LABEL - means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package, except that an inspector's tag or other non-promotional matter affixed to or appearing upon a consumer commodity shall not be deemed to be a label requiring the repetition of label information required by this rule. 1.5 METRIC SYSTEM (SI or SI units) -- means the Systeme Internationale System of Units as established for the United States by the Secretary of Commerce. 1.6 MULTI-UNIT PACKAGE -- means a package containing two or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of the multi-unit package but capable of being individually sold in full compliance with all requirements of this rule. 1.7 NON-CONSUMER PACKAGE: PACKAGE OF NON-CONSUMER COMMODITY -- means any commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution. 1.8 PRINCIPAL DISPLAY PANEL OR PANELS -- means that part or those parts, of a label that is, or are, so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels." 1.9 RANDOM WEIGHT PACKAGE -- means a package that is one of a lot, shipment or delivery of packages of the same consumer commodity with varying weight; that is, packages of the same consumer commodity with no fixed pattern of weight.

2. INFORMATION REQUIRED ON PACKAGES - GENERAL 2.1 Any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

(a) the identity of the commodity in the package, unless the same can easily be identified through the wrapper or container.

(b) the quantity of contents in terms of weight, measure, or count.

(c) the name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed. 2.2 This shall not apply to:

(a) inner wrappings not intended to be individually sold to the consumer.

(b) shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion apply to packages of consumer or nonconsumer commodities, as defined herein.

(c) auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity.

(d) containers used for retail tray pack displays when the container itself is not intended to be sold (e.g. the tray that is used to display individual envelopes of seasonings, gravies, etc., and the tray itself is not intended to be sold), or (e) open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed, or graphic matter obscuring the label information required by this article.

(f) packages when the unit of count is less than six (6) count and the commodity or article is clearly visible for counting when in its container, or the weight is less than 1 oz. avoirdupois and/or the measure is less than 1 oz. liquid or dry volume.

3. DECLARATION OF IDENTITY AND RESPONSIBILITY: CONSUMER PACKAGES 3.1 A separate declaration of identity on a consumer package shall appear on the principal display panel, and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like, shall not be misleading or deceptive and shall appear generally parallel to the base on which the package rests as it is designed to be displayed. 3.2 A declaration of identity on a non-consumer package shall appear on the outside of a package, shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like and shall not be misleading or deceptive. 3.3 Meat cuts shall be limited to those terms listed in the uniform retail meat industry standards. 3.4 Any package kept, offered, or exposed for sale, or sold, at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name; or, when not incorporated, the name under which the business is conducted. The address shall include street address, city, state, and ZIP code; however, the street address may be omitted, if this is shown in a current directory or telephone directory. 3.5 If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity such as "Manufactured for and packed by ", "Distributed by", or any other wording of similar import that expresses the facts.

4. REPEALED

5. DECLARATION OF QUANTITY: CONSUMER PACKAGES 5.1 General - The metric and inch-pound systems of weights and measures are recognized as proper systems to be used in the declaration of quantity. Units of both systems may be presented in a dual declaration of quantity. 5.2 Largest Whole Unit -- where this article requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed following the requirements of section 5.3.

5.3 USE OF FRACTIONS

(a) Metric: a metric statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.

(b) Inch-Pound: an inch-pound statement of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eights, sixteenths, or thirty-seconds, except that if there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, they may be employed, and if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.

(c) Common Fractions: a common fraction shall be reduced to its lowest term (e.g. 2/4 becomes 1/2).

(d) Decimal Fractions: a decimal fraction shall not be carried out to more than three places.

(e) Inch-Pound units shall be in common or decimal fractions of such largest whole unit, or in the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration. Metric units in decimal fractions of such largest whole units. 5.4 Net Quantity - A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity, shall appear on the principal display panel of the consumer package and, unless otherwise specified in this article shall be in terms of the largest whole unit 5.5 Use of " Net Weight " - The term "net weight" shall be used in conjunction with the declaration of quantity in units of weight. The term may either precede or follow the declaration of weight. 5.6 Lines of Print or Type - A declaration of quantity may appear on one or more lines of print or type. 5.7 Terms: Volume, Weight, Count, or Measure - The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or dry measure if the commodity is dry, or in terms of weight if the commodity is solid, semi-solid, viscous, or a mixture of solid and liquid, or in terms of numerical count, linear measure or area.

However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity.

Combination Declaration -- (a) A declaration of quantity in terms of weight or volume shall be combined with appropriate declarations of the measure, count, and size of the individual units unless a declaration of weight alone is fully informative.

(b) A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, volume, count and size of the individual units unless a declaration of measure alone is fully informative.

(c) A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, volume, measure, and size of the individual units unless a declaration of count alone is fully informative.

5.8 WHEN INCH-POUND SYSTEM OF WEIGHT OR MEASURE IS USED --

A declaration of quantity shall be:

(a) in units of weight, shall be in terms of the avoirdupois pound or ounce.

(b) in units of liquid measure, shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon and shall express the volume at 68°F except in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40°F.

(c) in units of linear measure, shall be in terms of the yard, foot or inch.

(d) in units of area measure, shall be in terms of the square yard, square foot, or square inch.

(e) in units of volume measure, shall be in terms of the cubic yard, cubic foot, or cubic inch.

(f) in units of dry measure shall be in terms of the United States bushel of 2150.42 cubic inches, or peck, dry-quart, and dry-pint subdivisions of the bushel. 5.9 Symbols and Abbreviations - Any of the following symbols and abbreviations, and none other shall be employed in the quantity statement on a packaged commodity: avoirdupois Avdp ounce Oz cubic Cu pint Pt feet or foot Ft pound Lb fluid Fl quart Qt gallon Gal square Sq inch In weight Wt Liquid Liq yard Yd (There normally are no periods following--nor plural forms of--symbols. For example, "oz" is the symbol for both "ounce" and "ounces." Both upper and lower case letters are acceptable.) 5.10 Units of Two or More Meanings - When the term "ounce" is employed in a declaration of liquid quantity the declaration shall identify the particular meaning of the term by the use of the term "fluid" however such distinction may be omitted when by association of terms the proper meaning is obvious, (for example, as in 1 pint 4 ounces). Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall include the word "dry".

5.11 WHEN METRIC UNITS OF WEIGHT OR MEASURES ARE USED --

A declaration of quantity shall be:

(a) in units of weight shall be in terms of the kilogram, gram, or milligram.

(b) in units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at "20°C", except in the case of petroleum products, or distilled spirits for which the declaration shall express the volume at "15.6 ° C", except in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at "4°C."

(c) in units of linear measure shall be in terms of the meter, centimeter, or millimeter.

The meter/liter spellings are used in this article. However, the metre/litre spellings are also acceptable.

(d) in units of area measure shall be in terms of the square meter, square decimeter, square millimeter, or square centimeter.

(e) in units of volume other than liquid measure shall be in terms of the liter and milliliter, except that the terms cubic meter and cubic centimeter will be used only when specifically designated as a method of sale. 5.12 Symbols - Any of the following symbols for metric units, and none other may be employed in the quantity statement on a packaged commodity: kilogram kg meter m gram g centimeter cm milligram mg millimeter mm liter L square meter m milliliter mL square centimeter cm cubic meter m cubic centimeter cm (a) Symbols, except for liter, are not capitalized, unless the unit is derived from a proper name.

Periods should not be used after the symbol. Symbols are always written in singular form - do not add "s" to express the plural when the symbol is used.

(b) The "L" symbol for liter and "mL" symbol for milliliter are preferred; however the "L" symbol for liter and "ML" symbol for milliliter are permitted.

6. PRESCRIBED UNITS - DECLARATION OF QUANTITY FOR CONSUMER PACKAGES (Inch- Pound System) 6.1 Less than 1 square foot, 1 pound, or 1 pint – The declaration of quantity shall be expressed in the following terms:

(a) In the case of length measure of less than 1 foot, in inches and fractions of inches;

(b) in the case of area measure of less than 1 square foot, in square inches and fractions of square inches;

(c) in the case of weight of less than 1 pound, in ounces and fractions of ounces;

(d) in the case of liquid measure of less than 1 pint, in fluid ounces and fractions of fluid ounces; provided that the quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places. 6.2 DUAL QUANTITY DECLARATION, Weight - On packages containing 1 pound or more, the declaration shall be expressed in terms of the largest whole unit with any remainder expressed in ounces and fractions of the ounce, or in fractions of the pound. 6.3 DUAL QUANTITY DECLARATION, Volume - On packages containing 1 pint or more, but less than 1 gallon, the declaration shall be expressed in the largest whole unit (quarts, quarts and pints, or pints as appropriate) with any remainder expressed in fluid ounces or fractions of the pint or quart, except that 2 qt may be declared as ½ gal, and it shall be optional to include an additional expression of net quantity in fluid ounces. 6.4 DUAL QUANTITY DECLARATION, Linear Measure - On packages containing 1 foot or more, the declaration shall be expressed in terms of the largest whole unit (a yard or a foot) with any remainder expressed in inches and, fractions of the inch or in fractions of the foot or yard, except that it shall be optional to include a statement of length in terms of inches. 6.5 DUAL QUANTITY DECLARATION, Area Measure - On packages containing 1 square foot or more but less than 4 square feet, the declaration shall be expressed in square feet with any remainder expressed in square inches and fractions of a square inch or in fractions of a square foot.

6.6 WHEN 4 SQUARE FEET, 4 POUNDS, 1 GALLON, OR MORE IS TO BE DECLARED, IT SHALL BE

EXPRESSED AS FOLLOWS:

(a) area measure of 4 square feet or more, expressed in terms of the largest whole unit (e.g. square yards or square feet) with any remainder expressed in square inches and fractions of a square inch or in fractions of the square foot or square yard.

(b) liquid measure of 1 gallon or more, the declaration of quantity shall be expressed in terms of the largest whole unit (gallons followed by fractions of a gallon or by the next smaller whole unit or units). 6.7 Bi-dimension commodities - For bi-dimensional commodities (including roll-type commodities) the quantity declaration shall be expressed in both SI and inch-pound units of measure as follows:

(a) if the area is less than 929 cm (1 square foot), in terms of length and width (expressed in the largest whole unit for SI and in linear inches, and fractions of linear inches for inchpound);

(b) if the area is at least 929 cm (1 square foot) but less than 37.1 dm (4 square feet), in terms of area (expressed in the largest whole unit for SI and in square inches for inchpound) followed by a declaration of the length and width in terms of the largest whole unit. A bi-dimensional commodity of 4 inches (10 cm) width or less, the declaration of net quantity shall be expressed in terms of width and length in linear measure; no declaration of area is required. A dimension of less than 2 feet may be stated in inches, and commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations) require a declaration of unit area but not a declaration of total area of all such units;

(c) if the area is 37.1 dm (4 square feet) or more, in terms of area (expressed in the largest whole unit for SI and in square feet for inch-pound) followed by a declaration of the length and width in terms of the largest whole unit, provided, that no declaration of area is required for a bi-dimensional commodity with a width of 4 inches (10 cm) or less. Bidimensional commodities, with a width of 4 inches (10 cm) or less, shall have the width expressed in linear inches and fractions thereof, and length shall be expressed in the largest whole unit (yard or foot) with any remainder in terms of fractions of the yard or foot, except that it shall be optional to express the length in the largest whole unit, followed by a statement of length in inches or to express the length in inches followed by a statement of length in the largest whole unit. For example: 5 cm x 9.14 m (2 in x 360 in (10 yd) an inch-pound dimension of less than 2 feet may be stated in inches.

(d) no declaration of area is required for commodities for which the length and width measurements are critical in terms of end use (such as wallpaper border) if such commodities clearly present the length and width measurements on the label. 6.8 PRESCRIBED UNITS FOR METRIC SYSTEM -- As Follows:

When less than 1 meter, 1 square meter, 1 kilogram, or 1 liter -- the declaration of quantity shall be expressed in terms of:

(a) in the case of length measure of less than 1 meter: in centimeters or millimeters;

(b) in the case of area measure of less than 1 square meter; in square centimeters and decimal fractions of square centimeters;

(c) in the case of mass of less than 1 kilogram, in grams and decimal fractions of a gram, but if less than 1 gram, then in milligrams;

(d) in the case of liquid or dry measure of less than one liter, in milliliters; provided, that the quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places. 6.9 1 METER, 1 SQUARE METER, 1 KILOGRAM, 1 LITER OR MORE -- To be used in the case of:

(a) length measure of 1 meter or more; in meters and decimal fractions to not more than three places;

(b) area measure of 1 square meter or more; in square meters and decimal fractions to not more than three places;

(c) mass of 1 kilogram or more; in kilograms and decimal fractions to not more than three places;

(d) liquid or dry measure of 1 liter or more; in liters and decimal fractions to not more than three places.

6.10 COUNT: PLY -

(a) If the commodity is in individually usable units of one or more components or plies, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this rule, include the number of plies and total number of usable units.

(b) Roll-type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up of usable units; however, such roll type commodities shall be labeled in terms of total area measurement, number of plies, count of usable units, and dimensions of a single usable unit.

7. SUPPLMENTARY QUANTITY DECLARATIONS 7.1 The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a display panel. Such supplemental statement of quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package (e.g "giant" quart, "larger" liter, "full" gallon, "when packed" "minimum" or words of similar import). 7.2 When using combined metric and inch-pound declarations an equivalent statement of the net quantity of contents in terms of either the inch-pound or metric system is not regarded as a supplemental statement and such statement may also appear on the principal display panel; provided, that it conforms to section 5 of this rule. 7.3 Rounding - In all conversions for the purpose of showing an equivalent metric or inch-pound quantity to a rounded customary or metric quantity, the number of significant digits retained should be such that accuracy is neither sacrificed nor exaggerated. 7.4 Qualification of Declaration Prohibited - In no case shall any declaration of quantity be qualified by the addition of the words "when packed," "minimum," "not less than," or any words of similar import; nor shall any unit of weight, measure, or count be qualified by any terms that tends to exaggerate the amount of commodity (such as "jumbo" "giant" "full" or the like).

8. DECLARATION OF QUANTITY: NON-CONSUMER PACKAGES - GENERAL-- 8.1 General - The metric and inch-pound system of weights and measures are recognized as proper systems to be used in the declaration of quantity. Units of both systems may be combined in a dual declaration of quantity, and although non-consumer packages under this article bear only metric declarations, this should not be construed to supersede any labeling requirements specified in Federal law. 8.2 Location - A non-consumer package shall bear on the outside a declaration of the net quantity of contents. Such declaration shall be in terms of the largest whole unit as set forth in section 5 of this rule. 8.3 Terms: Weight, Liquid Measure, Dry Measure, or Count - The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure, if the commodity is liquid; or, in the term of dry measure, if the commodity is dry; or, in terms of weight, if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity. 8.4 When using inch-pound units relating to a declaration of quantity they shall be expressed as set forth in rule 5.8. 8.5 Symbols and Abbreviations -- Any generally accepted symbol and abbreviation of a unit name may be employed in the quantity statement on a package of commodity as set forth in rule 5.9. 8.6 When using metrics units relating to weights and measures a declaration shall be expressed as set forth in rule 5.11. 8.7 Symbols -- Only those symbols as detailed in rule 5.12. 8.8 Character of Declaration: Average - The average quantity of contents in the package of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any single package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage.

9. LABELING - PROMINENCE AND PLACEMENT: CONSUMER PACKAGES -- 9.1 General - All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility. 9.2 Location - The declaration of declarations or quantity of the contents of a package shall appear in the bottom 30 percent of the principal display panel or panels. For cylindrical containers see additional requirements in rule 9.7(b). 9.3 Style of Type or Lettering - The declaration or declarations of quantity shall be in such a style of type or lettering as to be boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface is permissible when all label information is blown, formed, or molded on the surface. 9.4 Color Contrast - The declaration or declarations of quantity shall be in a color that contrasts conspicuously with its background, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface shall not be required to be presented in a contrasting color if no required label information is on the surface in a contrasting color. 9.5 Free Area - The area surrounding the quantity declaration shall be free of printed information:

(a) above and below, by a space equal to at least the height of the lettering in the declaration, and (b) to the left and right, by a space equal to twice the width of the letter "N" of the style and size of type used in the declaration. 9.6 Parallel Quantity Declaration - The quantity declaration shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be displayed. 9.7 In calculating the area of principal display panel for purpose of type size, the area of the principal display panel shall be:

(a) in the case of a rectangular container, one entire side which properly can be considered to be the principal display panel, the product of the height times the width of that side;

(b) In the case of a cylindrical or nearly cylindrical container, 40 percent of the product of the height of the container times the circumference; or (c) in the case of any other shaped container, 40 percent of the total surface of the container, unless such container presents an obvious principal display panel (e.g. the top of a triangular or circular package of cheese, or the top of a can of shoe polish), in which event the area shall consist of the entire such surface.

Determination of the principal display panel shall exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars. 9.8 Minimum Height of Numbers and Letters - The height of any letter or number in the required quantity declaration shall not be less than that shown in Table 1 with respect to the area of the panel, and the height of each number of a common fraction shall meet one-half the minimum height standards; when upper and lowercase or all lowercase letters are used, it is the lowercase " o " or its equivalent that shall meet the minimum height requirement. When upper and lowercase or all lowercase letters are used in metric symbols, it is the uppercase " L, " lowercase " d, " or their equivalent in the print or type that shall meet the minimum height requirement. However no letter shall be less than 1.6 millimeters (1/16 inch) in height.

(a) No number or letter shall be more than three times as high as it is wide.

TABLE 1. Minimum Height of Numbers and Letters Area of principal display panel Minimum height of numbers and letters Minimum height; label information blown, formed, or molded on surface of container 5 square inches (in ) and less 1/16 inch 1/8 inch Greater than 5 in and not greater than 25 in 1/8 inch 3/16 inch Greater than 25 in and not greater than 100 in 3/16 Inch 1/4 inch Greater than 100 in and not greater 400 in 1/4 inch 5/16 inch Greater than 400 in 1/2 inch 9/16 inch 10. LABELING - PROMINENCE AND PLACEMENT FOR NON-CONSUMER PACKAGES General - All information required to appear on a non-consumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.

11. LABELING REQUIREMENTS FOR SPECIFIC CONSUMER COMMODITIES, PACKAGES,

CONTAINERS 11.1 Display Card Package - For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card. 11.2 Eggs - When cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided. 11.3 Aerosols and Similar Pressurized Containers - The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight, that will be expelled when the instructions for use as shown on the container are followed. 11.4 Multi-unit Packages - Any package containing more than one individual "commodity" in package form of the same commodity, shall bear on the outside of the package a declaration of:

(a) the number of individual units, (b) the quantity of each individual unit, and (c) the total quantity of the contents of the multi-unit package. 11.5 Combination Packages - Any packages containing individual units of dissimilar commodities (such as an antiquing or a housecleaning kit, for example) shall bear on the label of the package a quantity declaration for each unit (e.g. sponges and cleaner: 2 sponges, each 10 cm x 15 cm x 2 cm. 1 box cleaner, net weight 150g). 11.6 Variety Packages - Any package containing individual units of reasonably similar but not identical commodities shall bear on the label of the package a declaration of the number of units for each identical commodity and the total quantity of commodity in the package by weight, volume, or measure, (e.g. plastic tableware: 4 spoons, 4 forks, 4 knives, 12 pieces total). 11.7 Cylindrical Containers - In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that 40 percent of the circumference which is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.

Measurement of Container-Type Commodities, How Expressed 11.8 General - Commodities designated and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:

(a) For bag-type commodities, in terms of count, followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise)

Inch-Pound units – in inches, except that a dimension of 2 feet or more will be expressed in feet with any remainder in terms of inches or common or decimal fractions of the foot, or Metric units – in millimeters or centimeters except a dimension of 1 meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter.

(b) When the unit bag is characterized by two dimensions because of the absence of a gusset, the width and length will be expressed:

For Example: 25 Bags, 12.7 cm x 10 cm (5 in x 4 in) or 50 Bags, 75 cm x 1.2 m (2.5 ft x 3.9 ft)

(c) When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length For Example: 25 Bags, 43 cm x 10 cm x 50 cm (17 in x 4 in x 20 in) or 100 Bags, 50.8 cm x 30.4 cm x 76.2 cm (20 in x 12 in x 2.5 ft)

(d) For other square, oblong, rectangular, or similarly shaped containers, in terms of count followed by length, width, and depth, except depth need not be listed when less than 5 centimeters or 2 inches (e.g. 2 PANS, 20 cm x 20 cm (8 in X 8 in)).

Notwithstanding the above requirements, the net quantity statement for containers such as cups will be listed in terms of count and liquid capacity per unit (e.g. 24 CUPS, 177 mL (6 fl oz) CAPACITY). 11.9 Capacity - When the functional use of the container is related by label reference in standard terms of measure to the capability of holding a specific quantity of substance or class of substances such references shall be a part of the net quantity statement and shall specify capacity as follows:

(a) Inch-Pound units:

Liquid measure for containers which are intended to be used for liquids, semisolids, viscous materials, or mixture of solids and liquids. The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, fluid ounce, with any remainder in terms of the common decimal fraction of that unit) (e.g. Freezer Boxes - 4 BOXES, 946 mL capacity, 15 cm x 15 cm x 10 cm (1 qt capacity, 6 in x 6 in x 4 in)).

Dry measure for containers which are intended to be used for solids the expressed capacity will be stated in terms of the largest whole unit (bushel, peck), with any remainder in terms of the common or decimal fraction of that unit. (e.g. leaf bags - 8 BAGS, 211 L capacity, 1.21 m x 1.52 m (6 bu capacity, 4 ft x 5 ft)).

Where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent containers, (e.g. Garbage Can Liners - 10 LINERS, 76.2 cm x 93,9 cm, fits up to 113 L cans (2 ft 6 in, fits up to 30 gal cans)).

(b) Metric units - Volume measure for all containers and liners. The expressed capacity will be stated in terms of milliliters, except that a quantity of 1 liter or more shall be expressed in liters with the remainder in terms of decimal fractions of the liter. 11.10 Terms - For the purpose of this section, the use of the terms "CAPACITY," "DIAMETER," and "FLUID" is optional.

Textile Products, Threads and Yarns 11.11 Wearing Apparel - Wearing apparel (including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or if normally sold in pairs (such as hosiery, gloves, and shoes) sold as single-unit pairs, shall be exempt from the requirements for a net quantity statement by count. 11.12 Textiles – Bed sheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarves, tablecloths and napkins, flags, curtains, drapes, dishtowels, dishcloths, towels, face cloths, utility cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be exempt from the requirements of rule 6.7 and 6.10.

Provided, that (a) The quantity statement for fitted sheets and mattress covers shall state, in centimeters and inches, the length and width of the mattress for which the item is designed, such as "twin," "double," "king," etc. (e.g. Double Sheet for 137 cm x 190 cm (54 in x 75 in) mattress).

(b) The quantity statement for flat sheets shall state in centimeters and inches the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in centimeters and inches, of the length and width of the finished sheet. The quantity statement shall also state the size designation of the mattress for which the sheet is designed such as "twin," "double," "king," etc. (e.g. Twin Flat Sheet for 99 cm x 190 cm (39 in x 75 in) Mattress 167 cm x 244 cm (66 in x 96 in) finished size).

(c) The quantity statement for pillowcases shall state in centimeters and inches the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in centimeters and inches, of the length and width of the finished pillowcase.

The quantity statement also shall state, the size designation of the pillow for which pillowcase is designed, such as "youth," "standard" "queen," etc. if the item is intended to fit such pillows. (e.g. Standard Pillowcase for 51 cm x 66 cm (20 in x 26 in) pillow, 51 cm x 76 cm (20 in x 30 in) finished size).

(d) The quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state, in centimeters and inches, the length and width of the finished item. The quantity statement shall also state the length of any ornamentation and the size designation of the mattress for which the item is designed if it is intended to fit, for example a "twin," "double," "king," etc. mattress.

(e) The quantity statement for tablecloths and napkins shall state, in centimeters and inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters and inches, the length and width of the item before hemming and be properly identified as such.

(f) The quantity statement for curtains, drapes, flags, furniture scarves, etc. shall state, in centimeters and inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters and inches, the length of any ornamentation.

(g) The quantity statement for carpets and rugs shall state, in meters and feet, with any remainder in decimal fractions of the meter for metric sizes or common or decimal fractions of the foot or in inches for inch-pound sizes, the length and width of the item.

The quantity statement also may state parenthetically, in centimeters and inches, the length of any ornamentation.

(h) The quantity statement for woven dishtowels, dishcloths, towels, face cloths, utility cloths, bath mats, etc. shall state in centimeters and inches, the length and width of the item.

The quantity statement for such items, when knitted, need not state the dimensions.

(i) The quantity statement for textile products such as pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc. shall be stated in terms of count and may include size designations and dimensions.

(j) The quantity statement for other than rectangular textile products identified in (a) through (h) shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape, (e.g. Oval Tablecloth 177 cm x 254 cm (70 in x 100 in) representing the maximum length and width in this case).

(k) The quantity statement for packages of remnants of textile products of assorted sizes, when sold by count, shall be accompanied by the term "irregular dimensions" and the minimum size of such remnants. 11.13 Repealed 11.14 Repealed 11.15 Sewing Threads, Handicraft Threads, and Yarns - Sewing and handicraft threads and yarns shall be labeled as follows:

(a) The net quantity statement for sewing and handicraft threads shall be expressed in terms of meters and yards.

(b) The net quantity statement for yarns shall be expressed in terms of mass or weight.

(c) Thread products may, in lieu of name and address, bear a trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or distributor, provided that such marks, employed to identify the vendor, shall be filed with the commissioner.

(d) Each unit of industrial thread shall be marked to show its net measure in terms of meters and yards or its net weight in terms of kilograms or grams and avoirdupois pounds or ounces, except that ready-wound bobbins which are not sold separately, shall not be required to be individually marked to show the number of bobbins contained therein and the net meters or yards of thread on each bobbin. 11.16 Packaged Seed - Packages of seeds intended for planting with net contents of less than 225 g or 8 oz shall be labeled in full accord with this article except as follows:

(a) The quantity statement shall appear in the upper thirty percent of the principal display panel.

(b) The quantity statements shall be in terms of the largest whole unit of the metric system for all weights up to seven grams, and in grams and in ounces for all other weights less than 225 grams or eight ounces.

(c) The quantity statement for coated seed, encapsulated seed, pelletized seed, pre-planters, seed tapes, etc. shall be in terms of count.

12. EXEMPTIONS 12.1 Whenever any consumer package or consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity required to appear on the package shall be in terms of the largest whole unit. 12.2 Random Packages - A random package bearing a label conspicuously declaring the net weight, the unit price, and the total price shall be exempt from the SI units, type, size, placement, and free area requirements of this rule. In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is offered or exposed for sale at retail.

The exemption shall also apply to uniform weight packages of fresh fruit or vegetables labeled by count, in the same manner and by the same type of equipment as random packages exempted by this section and cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this section. 12.3 Small Confections - Individually wrapped pieces of "penny candy" and other confectionery of less than 15 grams or ½ ounce net weight per individual piece shall be exempt from the labeling requirements of this rule when the container in which such confectionery is shipped is in conformance with the labeling requirements of this rule. Similarly, when such confectionery items are sold in bags or boxes items shall be exempt from the labeling requirements of this rule including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this rule. 12.4 Individual Servings - Individual-serving size packages of food containing less than 15 grams or 1/2 ounce or less than 15 milliliters or 1/2 fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in this rule. 12.5 Cuts, Plugs, and Twists of Tobacco and Cigars - When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this rule such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements. 12.6 Reusable (Returnable) Glass Containers - Nothing in this rule shall be deemed to preclude the continued use of reusable (returnable) glass containers provided, that such glass containers ordered after the effective date of this rule shall conform to all requirements of this rule. 12.7 Cigarettes and Small Cigars - Cartons of cigarettes and small cigars, containing ten individual packages of twenty, labeled in accordance with the requirements of this rule, shall be exempt from the requirements set forth in 9.2, 9.8(a) and 11.4(a). 12.8 Packaged Commodities with Labeling Requirements Specified in Federal Law - Packages of meat and meat products, poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides, and alcoholic beverages shall be exempt from those portions of this rule requiring dual declaration in customary units and specifying location and minimum type size of the net quantity declaration provided, that quantity labeling requirements for such products are specified in Federal Law, so as to follow reasonably sound principles of providing consumer information. 12.9 Fluid Dairy Products, Ice Cream and Similar Frozen Desserts - (a) When packaged in 1/2-liquid-pint and 1/2 gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as 1/2 pint and 1/2 gallon, respectively.

(b) When measured by and packaged in measure containers as defined in "Measure Container Code of National Institute of Standards and Technology Handbook 44," in sizes allowable by Method-of-Sale of Commodities are exempt from the requirements of 9.2 declaration of net contents be located within the bottom 30 percent of the principal display panel.

(c) Milk and milk products when measured by and packaged in glass or plastic containers of ½ pint, 1 pt, 1 qt, ½ gal, and 1 gal capacities are exempt from the placement requirement of

section 8.2, Location, that the declaration of net contents be located within the bottom 30% of the principal display panel, provided other required label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to that part of glass or plastic container that is at or above the shoulder of the container. 12.10 Single-Strength and less than Single-Strength Fruit Juice Beverages, Imitations thereof, and Drinking Water :

(a) When packaged in glass, plastic, or fluid milk type paper containers of 8- and 64-fluid-ounce capacity are exempt from the requirements of 5.8(b) to the extent that the net contents of 8-fluid-ounces and 64-fluid-ounces (or 2 quarts) may be expressed as 1/2 pint (or half pint) and 1/2 gallon (or half gallon), respectively.

(b) When packaged in glass or plastic containers of 1/2-pint, 1 pint, 1-quart, 1/2-gallon, and 1gallon capacities, are exempt from the placement requirements of rule 9.2 that the declaration of net contents be located within the bottom 30 percent of the principal display panel; provided that other label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container. 12.11 Soft Drink Bottles - Bottles of soft drinks shall be exempt from the placement requirements for the declaration of :

(a) identity, when such declaration appears on the bottle closure, and (b) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this article appears only on the bottle closure. 12.12 Multi-unit Soft Drink Packages - Multi-unit packages of soft drinks are exempt from the requirement for a declaration of:

(a) responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the individual units inside, and (b) identity when such declaration appears on the individual units and is not obscured by the multi-unit packaging. 12.13 Butter - When packaged in 4 oz, 8 oz, and 1 lb packages with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity and the net quantity declaration be generally parallel to the base of the package. When packaged in 8-ounce and 1pound units, butter is exempt from the requirement for location of net quantity declaration. 12.14 Eggs - Cartons containing 12 eggs shall be exempt from the requirement for location of net quantity declaration. When such cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of this rule if the undivided carton conforms to all such requirements. 12.15 Flour - Packages of wheat flour in conventional 2, 5, 10, 25, 50 and 100 lb packages shall be exempt from the requirement in this rule for location of the net quantity declaration. 12.16 Small Packages - On a principal display panel of 32 square centimeters or five square inches or less, the declaration of quantity need not appear in the bottom 30 percent of the principal display panel if that declaration satisfies the other requirements of this rule. 12.17 Decorative Containers - The principal display panel of a cosmetic marketed in a "boudoir-type" container including decorative cosmetic containers of the "cartridge," "pill box," "compact," or "pencil" variety, and those with a capacity of 7.4 mL (1/4 ounce) or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by this rule. 12.18 Combination and Variety Packages - Combination packages are exempt from the requirements in this rule for:

(a) Location (b) Free Area (c) Minimum Height of Numbers and Letters 12.19 Margarine - Margarine in 1-pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this rule (9.2) for location of the net quantity declaration. 12.20 Corn Flour and Corn Meal - Corn flour and corn meal packaged in conventional 5- 10- 25- 50-, and 100-pound bags shall be exempt from the requirement in this rule for location of the net quantity declaration. 12.21 Prescription and Insulin Containing Drugs - Prescription and insulin-containing drugs subject to the provisions of Section 503 (b) (1) or 506 of the Federal Food, Drug, and Cosmetic Act shall be exempt from the provisions of this rule. 12.22 Repealed 12.23 Tint Base Paint - (a) Tint base paint may be labeled on the principal display panel, as required by this rule, in terms of a liter, quart or a gallon including the addition of colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a liter, quart or a gallon; and further provided that in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented; and further provided that the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the label.

(b) Wherever the above conditions cannot be met, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant in full accord with all the requirements of this rule. 12.24 Repealed 12.25 Motor Oil in Cans - Motor oils when packed in cans bearing the principal display panel on the body of the container are exempt from the requirements of section 3 of this rule to the extent that the Society of Automotive Engineers (SAE) viscosity number is required to appear on the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least 6 mm ¼ inch. 12.26 Pillows, Cushions, Comforters, Mattress Pads, Sleeping Bags, and Similar Products - Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the California Bureau of Home Furnishings shall be exempt from the requirements for location, size of letters or numbers, free area, and the declarations of identity and responsibility.

Provided that declarations of identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this rule, and further provided that the information on such permanently attached label be fully observable to the purchaser. 12.27 Commodities’ Variable Weights and Sizes - Individual packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point of retail sale, are exempt from section 5 of this

rule while moving in commerce and while held for sale prior to weighing and marking, provided that the outside container bears a label declaration of the total net weight. 12.28 Packaged Commodities Sold by Count - When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this rule except that those containing 6 or less items need not include a statement of count.

13. PACKAGING VARIATIONS TO BE ALLOWED - 13.1 Variation from Declared Net Quantity - Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in current good manufacturing practice, but such variations shall not be permitted to such extent that the average of the quantity of contents in the packages of a particular commodity, or lot of the commodity that is kept, offered, or exposed for sale, or sold, is below the quantity stated, and no unreasonable shortage in any single package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large. 13.2 Variation Resulting from Exposure - Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce, provided that the phrase "introduced into intrastate commerce" as used in this paragraph shall be construed to define the time and the place at which the first sale and delivery of a package is made within the state, the delivery being either (a) directly to the purchaser or to his/her agent, or (b) to a common carrier for shipment to the purchaser.

This paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or the person who introduces the package into intrastate commerce, exposure variations shall not be permitted.

14 - 16. RESERVED

17. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

The statements of basis and purpose for some rule changes are no longer in the Department files and are presumably in the state archives. 17.1 Adopted November 12, 2013 – Effective December 30, 2013 STAUTORY AUTHORITY:

The Commissioner of Agriculture, is authorized to adopt these permanent rules pursuant to Section 35- 14-107(1)(o), and Section 35-14-118, C.R.S.

PURPOSE:

The specific purposes of these rule changes are as follows:

1. Correct typographical errors throughout the rule.

2. Updates language so that this rule is in uniformity with the national standard model law that is published in the National Institute of Standards and Technology Handbook 130 Packaging and Labeling Regulation which is adopted and/or followed by other states.

3. Deletes rule(s) that are no longer necessary and that do not exist in current national model law.

FACTUAL AND POLICY ISSUES:

1. The purpose of Colorado having a uniform packaging and labeling rule in accordance with the national model law described in the National Institute of Standards and Technology Handbook 130 is to achieve, to the maximum extent possible, uniformity in weights and measures laws among each state in order to facilitate within Colorado, and also between each state, fair competition among businesses, to provide uniform and sufficient protection to all consumers, to allow them to make an informed decision and facilitate a value comparison in the purchase of packaged commodities.

This revised rule is now updated to reflect the national standard model regulation developed by the National Conference on Weights and Measures, an organization of state regulatory officials and industry stakeholders. This rule now promotes standardization of packaging and labeling of commodities amongst the states. The revised rule, patterned after the national model law, is what packagers nationally must currently comply with in the other states as well. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2013.

8 CCR 1202-2 Measurement Standards {#sec-8-ccr-1202-2 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-2}

Department of Agriculture MEASUREMENT STANDARDS 8 CCR 1202-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Part 1. Qualifications for Certified Weigher Certificate 1.1. Training Must have completed training by a competent scale operator on procedures for operating scales. 1.2. Written Exam Applicants must pass a written exam furnished by the Commissioner and each applicant must score 75% or better on the exam to be considered for certification.

Part 2 Certification of Commercial Weighing and Measuring Device Service Providers 2.1. Requirements for Certification Applicants must score 90% or better on a written exam furnished by the Commissioner in order to be considered for certification. 2.2. Certificate Categories 2.2.1 One service person; 2.2.2 Two to five service persons; 2.2.3 Six to ten service persons; 2.2.4 More than ten service persons.

Part 3. Placing In Service Requirements 3.1. Commercial weighing and measuring device service providers shall submit a placing in service report to the Commissioner within 10 calendar days after the placing in service date. 3.2. A commercial weighing and measuring device service provider must own the standards used to place a commercial device into commercial service unless: 3.2.1. The Commissioner is informed in advance that the commercial weighing and measuring device service provider will use standards other than its own to repair, service or place in service a commercial weighing and measuring device and, if such standards were approved by another NIST recognized state metrology laboratory, provide the commissioner with copies of that owner's current approval certificates for those standards and; 3.2.2. The owner of the standards provides the Commissioner with written consent allowing the use of the standards by the commercial weighing and measuring device service provider and specifying the time period during which such use is authorized. 3.3. For scales with a capacity greater than 2,000 lb., a copy of the scale test report shall accompany the placing in service report. The scale test report shall include the values of all applied test weights and indicated weights used to place the device into service. 3.4. No person may place in service a commercial weighing or measuring device unless that device complies with §35-14-105 C.R.S. 3.5. Device service providers who repair, service or place in service a commercial weighing and measuring device shall submit to the Commissioner a placing in service report that contains the following information: 3.5.1. The date the device(s) were placed into service; 3.5.2. The owner or user of the device(s); 3.5.3. The physical address, city and zip code of where the device(s) is located, and the location of or directions to the device(s) if the devices(s) is not located at the actual physical address listed on the in service report; 3.5.4. The phone number of the owner or user of the device(s); 3.5.5. The location of or directions to the device(s) if the physical address of the device is not wholly informative; 3.5.6. The device(s) type; 3.5.7. The device(s) capacity; 3.5.8. The device(s) manufacturer; 3.5.9. The device(s) model number; 3.5.10. The device(s) serial number; 3.5.11. The device(s) scale division, or unit of measure of device(s) if not a scale; 3.5.12. The device(s) national type evaluation certificate of conformance number; 3.5.13. The accuracy class of the device(s); 3.5.14. A description of the work performed on the device(s) including whether a new device(s) was installed, a rejected/previously existing device(s) was replaced with a new device(s), or if a device(s) was repaired, and what repairs were made; 3.5.15. The printed name of the service person who placed the device(s) into service or use; 3.5.16. The device service provider business name; 3.5.17. The device service provider certificate number.

Part 4. Scales Used for Commercial Purposes 4.1. Any scale used to determine a monetary charge where the weight is a consideration in determining the sale price is a commercial weighing and measuring device. 4.2. Scales used for commercial purposes to buy or sell commodities that have a total weight of 3 ounces or less shall be class II, National Type Evaluation Program compliant and have a scale division of not greater than 0.01 gram.

Part 5. Tolerance Criteria for Rejected Devices 5.1. Work orders or condemned device tags shall be issued for devices for which the owner is required to be licensed in the following circumstances: 5.1.1. For devices with a capacity up to and including 2,000 lbs.: 5.1.1.1. If the allowable tolerance is specified in terms of divisions, a blue work order tag shall be placed on a scale that exceeds the allowable tolerance by up to and including three divisions. 5.1.1.2. If the allowable tolerance is specified in terms of divisions, a red condemned device tag shall be placed on a scale that exceeds the allowable tolerance by more than three divisions. 5.1.2. For devices with a capacity greater than 2,000 lbs.: 5.1.2.1. If the allowable tolerance is specified in terms of divisions, a blue work order tag shall be placed on a scale that exceeds the allowable tolerance by up to and including three times the allowed divisions. 5.1.2.2. If the allowable tolerance is specified in terms of divisions, a red condemned device tag shall be placed on a scale that exceeds the allowable tolerance by more than three times the allowed divisions.

Part 6. Frequency of Inspection and Testing 6.1. The Commissioner will annually test and inspect an owner’s commercial weighing and measuring devices within the owner’s current license year, starting January 1 and ending December 31.

Part 7. License and Certificate Expiration Dates 7.1. The expiration date for a license to operate a commercial weighing and measuring device shall be December 31. 7.2. The expiration date for a certified weigher certificate shall be December 31. 7.3. The expiration date for a commercial weighing and measuring device service provider certificate shall be December 31.

Part 8. Reserved

Part 9. Statements of Basis, Specific Statutory Authority and Purpose The Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1978 to 1986 are no longer in the Department’s files.

1. Emergency Rule Adopted July 1, 2009 – Effective July 1, 2009 The Commissioner's authority for the adoption of these Emergency Rule Amendments is set forth in §§ 35-14-107(1)(o), 121(3), C.R.S. (2008), § 35-1-107(5)(a), C.R.S.

(2008), § 24-4-103(6) C.R.S., (2008), and §§ 35-14-121(5), 123(1), 123(2)(a), 123(2)(b), and 127(1), C.R.S., as enacted in SB 09-113.

The purpose of these Emergency Rule Amendments is to update the rules pertaining to the Measurement Standards Act of 1983 to comply with the amendments to the Act set forth in SB 09-113.

These Amendments:

a. Establish the license expiration date for operation of commercial weighing and measuring devices.

b. Establish the certified weigher certificate expiration date for those individuals who obtain a certificate on or after July 1, 2009.

c. Establish the certificate expiration date for commercial weighing and measuring device service providers who obtain a certificate on or after July 1, 2009.

d. Establish commercial weighing and measuring device service provider certification categories and performance requirements.

e. Amend commercial weighing and measuring device service provider certification requirements to clarify the requirements are for the company, not the individual service person employed by the company.

f. Add a section to contain the statements of basis, specific statutory authority and

purpose.

The factual and policy issues that require the immediate adoption of these Emergency

Rule Amendments are as follows:

1. The Department of Regulatory Agencies performed a Sunset Review in 2008 of the Colorado Measurement Standards Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09-113, effective July 1, 2009, that:

a. Remove statutory expiration dates for device licenses, certified weigher and device service providers and requires the Commissioner to establish such dates in rule.

b. Require the Commissioner to establish commercial weighing and measuring device service provider certification categories and performance requirements.

2. The existing rule sets forth certification requirements for individuals, but the statute requires the business to obtain the certificate. The amendment clarifies that the requirements for certification of service providers is for the company, not an individual.

3. The Commissioner hereby finds that immediate adoption of these Emergency

Rule Amendments is imperatively necessary to comply with the revisions to the Colorado Measurement Standards Act of 1983, §§ 35-14-101 – 134, C.R.S., enacted by the General Assembly in its 2009 legislative session, which take effect on July 1, 2009. These Emergency Rule Amendments are required to permit the continuous and uninterrupted administration and enforcement of the Act, including the issuance of licenses and certificates thereunder.

2. Adopted July 16, 2009 – Effective August 30, 2009 The Commissioner's authority for the adoption of these Permanent Rule Amendments is set forth in §§ 35-14-107(1)(o), 121(3), C.R.S. (2008), § 35-1-107(5)(a), C.R.S. (2008), and §§ 35-14-121(5), 123(1), 123(2)(a), 123(2)(b), and 127(1), C.R.S., as enacted in SB 09-113.

The purpose of these Permanent Rule Amendments is to update the rules pertaining to the Measurement Standards Act of 1983 to comply with the amendments to the Act set forth in SB 09-113.

These Permanent Rule Amendments:

a. Establish the license expiration date for operation of commercial weighing and measuring devices.

b. Establish the certified weigher certificate expiration date for those individuals who obtain a certificate on or after July 1, 2009.

c. Establish the certificate expiration date for commercial weighing and measuring device service providers who obtain a certificate on or after July 1, 2009.

d. Establish commercial weighing and measuring device service provider certification categories and performance requirements.

e. Amend commercial weighing and measuring device service provider certification requirements to clarify the requirements are for the company, not the individual service person employed by the company.

f. Add a section to contain the statements of basis, specific statutory authority and

purpose.

g. Correct typographical errors throughout the rule.

The factual and policy issues pertaining to the adoption of these Permanent Rule Amendments are as follows:

1. The Department of Regulatory Agencies performed a Sunset Review in 2008 of the Colorado Measurement Standards Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09-113, effective July 1, 2009, that:

a. Remove statutory expiration dates for device licenses, certified weigher and device service providers and requires the Commissioner to establish such dates in rule.

b. Require the Commissioner to establish commercial weighing and measuring device service provider certification categories and performance requirements.

2. The existing rule sets forth certification requirements for individuals, but the statute requires the business to obtain the certificate. The amendment clarifies that the requirements for certification of service providers is for the company, not an individual.

3. The Commissioner intends to adopt Emergency Amendments to the Rules on July 1, 2009 in order to implement the changes to the Act made by the General Assembly in SB 09-113. These Permanent Amendments will make permanent those Emergency Amendments.

4. Adopted April 9, 2013 – Effective January 1, 2014 The Commissioner's authority for the adoption of these Permanent Rule Amendments is set forth in § 35-14-107(1)(o) and § 35-1-107(5)(a), C.R.S.

The purpose of this Permanent Rule Amendment is to amend Regulation 8 1.1 to change the license expiration date for operation of commercial weighing and measuring devices from June 30 to December 31.

The factual and policy issues pertaining to the adoption of these Permanent Rule Amendments are as follows:

1. This change is necessary to allow the Department to consolidate licensing functions to one time per year for all licenses issued by the ICS Division.

2. The Department of Agriculture is moving its licensing functions from a paper based system to an online system. To accommodate licensee’s who hold multiple licenses with the Department of Agriculture, we are establishing a common licensing date so a licensee can obtain all their licenses in one transaction.

3. Adopted June 11, 2014 – Effective July 30, 2014 The Commissioner of Agriculture, is authorized to adopt these permanent rules pursuant to §§ 35-14-107 (1)(o), 35-14-123 (2)(b), 35-14-123 (7), and 35-14-124 (5), C.R.S.

The specific purposes of these rule changes are as follows:

1. Reformat the rule by changing the term “regulation” to “part” so as to be consistent with other Colorado Department of Agriculture rules.

2. Delete the civil penalty regulation, which will now be set via policy. Existing rule is too stringent and does not allow for consideration of aggravating/mitigating circumstances when a civil penalty is issued.

3. Amend Part 1.1. by removing the apprentice training requirement, which is no longer applicable. Training can be completed by a scale operator.

4. Amend Part 1.2. by removing the unnecessary requirement of an interview to become a certified weigher and add language to clarify that applicants must pass a written exam.

5. Amend Part 2.1. by removing the onerous and difficult to obtain training and experience requirement to become a device service provider. Language in its place has been added that requires applicants pass a written exam in order to become certified.

6. Add language to Part 3 to meet the statutory requirement to create performance requirements for device service providers, including language added to clarify time frame for in-service report submission, require ownership of standards, provide for use of standards not owned by the service provider, require a scale test report for large capacity devices, and specify the information required on a placing in-service report.

7. Add language to Part 4 that clarifies the statutory definition of a commercial weighing and measuring device. Also add language that specifies the scale type to be used for commercial transactions involving total weights of 3 ounces or less.

8. Add language to Part 5 to meet the statutory requirement that mandates rules clarifying the circumstances under which a blue or red tag should be issued for a rejected device.

9. Delete the requirement of what information is needed on a license application, which will now be set in policy.

10. Delete requirements in regard to scale pit depth, and approaches to vehicle scales which are no longer in line with the national model law. The less restrictive requirements set forth in the model law, NIST Handbook 44, will now be used.

FACTUAL AND POLICY ISSUES:

1. During 2008-09 the Department of Regulatory Agencies (DORA) performed a Sunset Review of the Colorado Measurement Standards Act (MSA). The outcome of this process was the amendment of the MSA whereby language was added that required CDA to promulgate rules that specify performance requirements for device service providers, information required on a placing inservice report and criteria under which a blue or red tag will be issued to a rejected device. Thus in order for the Department of Agriculture to comply with these statutory requirements, the proposed rules in 8 CCR 1202-2 have been created. These rules have been drafted with the assistance from representatives of the industry that would be affected by their adoption.

2. Rules that the Department no longer believe to be necessary, or not in accordance with the national model law have been removed.

3. These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process conducted in accordance with the Governor’s Executive Order D 2012-002.

4. Adopted May 13, 2026 – Effective July 15, 2026 The Commissioner of Agriculture is authorized to adopt the amendment to these rules pursuant to § 35-14-107(1)(o).

The purpose of this rulemaking is to identify the frequency and timing of the Commissioner’s annual inspection and test of an owner’s commercial weighing and measuring devices such that the annual inspection and testing will occur within the owner’s annual license year, starting January 1 and ending December 31.

1. In its September 2024 Performance Audit of the Department’s Measurement Standards Program, the Office of the State Auditor recommended that the Department of Agriculture establish “a method for tracking each licensed business, whether the business’ [sic] devices were tested each year, and any measuring devices that failed.” To implement this recommendation, and to provide clarity to owners of licensed devices, the Commissioner adopts a new

Part 6. to clarify the frequency of the annual inspection and testing of an owner’s commercial weighing and measuring devices, as set forth in § 35-14-127(3)

C.R.S.

Editor’s Notes

History Regulations 4, 8 emer rule eff. 07/01/2009.

Entire rule eff. 08/30/2009.

Regulations 8, 9, 9.3 eff. 01/01/2014.

Entire rule eff. 07/30/2014.

Rules 6-7, 9.5 eff. 07/15/2026.

8 CCR 1202-3 RULES AND REGULATIONS REGARDING PROCESSED ANIMAL WASTE PRODUCTS [Repealed eff. 11/30/2017] {#sec-8-ccr-1202-3 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-3}

DEPARTMENT OF AGRICULTURE

Inspection and Consumer Services Division RULES AND REGULATIONS REGARDING PROCESSED ANIMAL WASTE PRODUCTS - Repealed eff. 11/30/2017 8 CCR 1202-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose Adopted September 20, 2017 - Effective November 30, 2017 Statutory Authority The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-60- 109(1) C.R.S.

Purpose The Purpose of this rulemaking is to repeal the Rule published at 8 CCR 1202-3 in their entirety.

Factual and Policy Issues In 2000 article 60 of Title 35 was repealed and re-enacted causing a change that made this rule obsolete.

Current statutory provisions as well as 8 CCR 1202-6 “Rules for Commercial Feed Under the Colorado Feed Law, Sections 35-60-101 through 115, C.R.S.” have made regulations in this rule duplicative and no longer necessary. Repealing this rule would clean up the Commercial Feed regulations that are currently in effect. This repeal is a result of the Departments Regulatory Review Process. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 11/30/2017.

8 CCR 1202-4 Fertilizers and Soil Conditioners {#sec-8-ccr-1202-4 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-4}

DEPARTMENT OF AGRICULTURE

FERTILIZERS AND SOIL CONDITIONERS

8 CCR 1202-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. LEGAL AUTHORITY 1.1 Title 35, Article 12, Colorado Revised Statutes.

Part 2. DEFINITIONS 2.1 The Official Publication of the Association of American Plant Food Control Officials, Inc. shall mean the 2022 Official Publication of the Association of American Plant Food Control Officials, Inc. (“AAPFCO”), effective January 1, 2022. This Rule incorporates by reference the AAPFCO standards and guidelines. The Rule does not adopt any later amendments to, or editions of, the AAPFCO standards and guidelines. A copy of the Official Publication of the Association of American Plant Food Control Officials, Inc. shall be kept In the Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication shall also be available online at: http://www.aapfco.org/. This, and any other material that is incorporated by reference, may be examined at any state publications depository library. 2.2 These Rules incorporate the official terms and official fertilizer definitions as published in the 2022 Official Publication of the Association of American Plant Food Control Officials, Inc. (AAPFCO), , except as the Commissioner of Agriculture (“Commissioner”) designates otherwise in specific cases. 2.3 “Soil conditioner” means a substance or a mixture of substances intended to improve the chemical, physical, biochemical, or biological characteristics of the soil for the purpose of growing plants. “Soil conditioner” is synonymous with “soil amendment.” It does not include commercial fertilizers, plant amendments, untreated manures, compost and treated manures that are distributed without soil conditioner labeling claims. 2.4 “Potting Soil” and “Planting Mix” means a material suitable for holding and growing plants in containers. It may include small amounts of fertilizer or pesticide. 2.5 “Beneficial Substances or Compounds” means any substance or compound, other than primary, secondary and micro plant nutrients, that can be demonstrated by peer reviewed scientific research to be beneficial to one or more species or plants, when applied exogenously. 2.6 “Ingredient Statement” means a collective and contiguous listing of the ingredients of which a soil conditioner or plant amendment is composed listed in descending order by their predominance by volume or weight as appropriate in non-quantitative terms.

Part 3. REGISTRATION 3.1 Each commercial fertilizer, soil conditioner, or plant amendment product must be registered by the person whose name appears on the label before being distributed in this state. All registrations will expire annually on January 31. Applications for renewal of registrations must be submitted each year on or before that date. 3.2 Each manufacturing facility that produces commercial fertilizer custom mixes in this state must be registered as required in Section 35-12-104 (7), C.R.S. All registrations will expire annually on January 31. Applications for renewal of registrations must be submitted each year on or before such date. 3.3 Each manufacturing facility that produces compost in this state must be registered as required in

Section 35-12-104(8) (a), C.R.S. All registrations will expire annually on January 31. Applications for renewal of registrations must be submitted each year on or before such date. 3.4 Each manufacturing facility in this state that produces compost must register with the Commissioner except that: 3.4.1 Producers of less than ten (10) tons of compost per calendar year will not be required to register; 3.4.2 Any facilities regulated under Section 14 of Part 1 of the Colorado Department of Public Health and Environment Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, will not be required to register. 3.5 Products whose primary purpose is as potting soil or a planting mix, that may also guarantee fertilizer, are exempt from registration when the sum of all fertilizer guarantees is below 3%.

Part 4. DISTRIBUTION FEES - REPORTS 4.1 Each registrant must file an affidavit annually with the Commissioner within forty-five (45) days after January 1 each year that discloses the pounds or tonnage of commercial fertilizer, soil conditioner, or plant amendment sold or distributed in the state during the preceding twelve (12) month period. 4.1.1 In addition, each registrant must report the composition of fertilizer and the county in which fertilizer was distributed by the registrant. 4.2 Such affidavit will be accurately reported and submitted on the form (electronic or otherwise) that is furnished by the Commissioner.

Part 5. LABEL REQUIREMENTS 5.1 Fertilizer labels The following information must be displayed on the product label in a readable and conspicuous form: 5.1.1 Product name 5.1.2 Grade 5.1.3 Guaranteed Analysis in the following format and order:

Guaranteed Analysis Total Nitrogen (N) _____% _____% Ammoniacal Nitrogen** _____% Nitrate Nitrogen** _____% Water Insoluble Nitrogen* _____% Urea Nitrogen** _____% (other recognized and determinable forms of Nitrogen)** 5.1.4 Available Phosphate (P2O5) _____% 5.1.5 Soluble Potash (K2O) % 5.1.6 (Other nutrients, elemental basis)%*** 5.1.7 Directions for use sufficient to ensure the safe and effective use of the product that, at a minimum, specify: 5.1.7.1 The recommended application method(s) and rate(s) 5.1.7.2 Any warning or caution statements necessary to avoid harm to the target plant(s), or other plants or animals 5.1.8 Net weight or mass, net volume of liquid or dry material, or count. 5.1.9 The date of manufacture, processing, packaging or repackaging or a code that permits the determination of the date; or if bulk, the shipment or delivery date. 5.1.10 The name and address of the registrant. *If claimed or the statement “organic” or “slow acting nitrogen” or similar terms are used on the label **If claimed. ***As prescribed by Rule 5.2 5.2 Plant Nutrients in addition to Nitrogen, Phosphorous, and Potassium 5.2.1 Other plant nutrients, when mentioned in any form or manner, must be guaranteed only on an available elemental basis. Sources of the elements guaranteed and proof of availability must be provided to the Commissioner upon request. Except guarantees for those water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils, the minimum percentages that will be accepted for registration are as Element Minimum % Calcium (Ca) 1.00 Magnesium (Mg) 0.50 Sulfur (S) 1.00 Boron (B) 0.02 Chlorine (Cl) 0.10 Cobalt (co) 0.0005 Copper (Cu) 0.05 Iron (Fe) 0.10 Manganese (Mn) 0.05 Molybdenum (Mo) 0.0005 Nickel (Ni) 0.0010 Sodium (Na) 0.10 Zinc (Zn) 0.05 Any of the above-listed elements which are guaranteed must appear in the order listed, immediately following guarantees for the primary nutrients, nitrogen, phosphorous and potassium. 5.2.2 Guarantees or claims for the above-listed plant nutrients are the only ones which will be accepted except that fertilizer guarantees may include other nutrients, recognized by AAPFCO. Proposed labels and directions for use of the fertilizer must be furnished with the application for registration upon request. 5.3 Slowly Released Plant Nutrients 5.3.1 No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the slow release components are identified and guaranteed at a level of at least 15% of the total guarantee for that nutrient(s). 5.3.2 Types of products recognized by the Commissioner to have slow release properties include, but are not limited to, (1) water insoluble products, such as natural organics, urea form materials, urea-formaldehyde products, isobutylidene diurea, and oxamide; (2) coated slow release products, such as sulfur coated urea and other encapsulated soluble fertilizers; (3) occluded slow release products in which fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles; and (4) products containing water soluble nitrogen such as ureaform materials, ureaformaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), and dicyanodiamide (DCD). 5.3.3 The term, “water insoluble”, “coated slow release”, “slow release”, “controlled release”, “slowly available water soluble” and “occluded slow release” are accepted as descriptive of these products, provided the manufacturer can demonstrate a testing program to substantiate the claim that is acceptable to the Commissioner. 5.3.4 A laboratory procedure, acceptable to the Commissioner for evaluating the release characteristics of the product(s) must be provided by the manufacturer if requested by the Commissioner. 5.4 Soil Conditioner and Plant Amendment Labels The following information must be displayed on the product label in a readable and conspicuous form: 5.4.1 Net Weight or mass, net volume of liquid or dry material, or count. 5.4.2 Product Name. 5.4.3 Ingredient Statement including the name of each ingredient identified by the name published in the 2022 Official Publication of the Association of American Plant Food Control Officials, Inc., incorporated herein by reference as above in Rule 2.1 (later amendments not included). If no AAPFCO name exists, the common or usual name shall be used. 5.4.4 Purpose of product. 5.4.5 Directions for use sufficient to ensure the safe and effective use of the product that, at a minimum, specify: 5.4.5.1 The recommended application method(s) and rate(s). 5.4.5.2 Any warning or caution statements necessary to avoid harm to the target plants (if applicable), or other plants or animals. 5.4.6 Name and address of the registrant. 5.4.7 The date of manufacture, processing, packaging or repackaging or a code that permits the determination of the date; or if bulk, the shipment or delivery date. 5.5 Compost Labels 5.5.1 The following information shall be displayed on the product label in a readable and conspicuous form: 5.5.1.1 Product name. 5.5.1.2 Directions for use sufficient to ensure the safe and effective use of the product that at minimum specify: 5.5.1.2.1 The recommended application method(s) and rate(s); and 5.5.1.2.2 Any warning or caution statements necessary to avoid harm to the target plants (if applicable), or other plants or animals. 5.5.1.3 Name and address of the manufacturer or distributor. 5.5.1.4 Net weight or volume. 5.5.2 Compost distributed in bulk must be accompanied by a printed or written statement showing the ph level & soluble salt level in addition to the information required above. 5.5.3 Any product labeled as compost must meet the following minimum standards: 5.5.3.1 The product must contain carbon and nitrogen in a ratio of less than or equal to 18, as determined by the method specified in Rule 6.2.5.5.3.2 The product must have a SOLVITA Ammonia Test result of greater than or equal to 4, as determined by the method specified in Rule 6.2. 5.5.3.3 The product must have a SOLVITA Carbon Dioxide test result of greater than or equal to 5, as determined by the method specified in Rule 6.2. 5.6 Beneficial Substances or compounds 5.6.1 When claimed or advertised, beneficial substances or compounds must be guaranteed on the product label under the heading ‘Contains Beneficial Substances’ or ‘Contains Beneficial Compounds’, or ‘Contains non-plant food ingredients’. 5.6.2 The amount of the beneficial substance or compound shall be guaranteed by the weight of the substance or compound as a percentage of the net weight of the product. 5.7 Microbes 5.7.1. When claimed or advertised, a product which contains the presence of microbes must guarantee the microbes as a minimum number of each claimed viable organism at the genus and species level in colony forming units (CFU), spores, or propagules per gram or milliliter, and must have an expiration date and must have storage and handling instructions. 5.8 Any products coming under the fertilizer law must not carry labels to emphasize that dilutions will make so many gallons of fertilizer. Specific claims, such as “contents of this package will make ___ gallons of fertilizer” are prohibited.

Part 6 Analytical and Sampling Methods 6.1 The methods of sampling for fertilizers, soil conditioners and plant amendments shall be those set forth in the 20 th Edition of the Official Methods of Analysis of the Association of Analytical Communities (AOAC) International, or such other methods adopted by the Commissioner from authoritative sources that the Commissioner deems reliable including but not limited to Colorado State University. This Rule incorporates by reference the AOAC methods of analysis, 20th edition. This Rule does not adopt any later amendments to, or editions of, the AOAC methods of analysis. A copy of the 20 th edition of the AOAC shall be kept on file at the Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication shall also be kept at AOAC International, located at 2275 Research Blvd., suite 300, Rockville Maryland 20850 and is available online at: AOAC.org. This, and any other material that is incorporated by reference, may be examined at any state publications depository library. 6.2 The methods for sampling and analysis of compost shall be those specified in Test Methods for the Examination of Composting and Compost, U. S. Composting Council Research and Education Foundation (CCREF), and United States Department of Agriculture (USDA) (TMECC, 2002) or such other methods adopted by the Commissioner from authoritative sources that the Commissioner deems reliable, including but not limited to Colorado State University. The Test Methods for the Examination of Composting and Compost, U.S. Composting Council Research and Education Foundation (CCREF), and United States Department of Agriculture (USDA)

(TMECC, 2002) is herein incorporated by reference. It does not include later amendments or editions of the publication. A copy of the 2002 edition of the TMECC shall be kept on file at the Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication shall also be kept with the U.S. Composting Council, located at 1053 East Whitaker Mill Road, Suite 115, Raleigh North Carolina 27604, and is available online at: compostingcouncil.org. This, and any other material that is incorporated by reference, may be examined at any state publications depository library. 6.3 Investigational Allowances 6.3.1 A commercial fertilizer shall be deemed deficient if the analysis of any nutrient is below the guarantee percent by an amount exceeding the applicable value specified in the following schedule, or if the index value of the fertilizer is below 98%:

Guarantee Nitrogen Available Phosphate Soluble Potash 4 or less 0.49 0.67 0.41 5 0.51 0.67 0.43 6 0.52 0.67 0.47 7 0.54 0.68 0.53 8 0.55 0.68 0.60 9 0.57 0.68 0.65 10 0.58 0.69 0.70 12 0.61 0.69 0.79 14 0.63 0.70 0.87 16 0.67 0.70 0.94 18 0.70 0.71 1.01 20 0.73 0.72 1.08 22 0.75 0.72 1.15 24 0.78 0.73 1.21 26 0.81 0.73 1.27 28 0.83 0.74 1.33 30 0.86 0.75 1.39 32 or more 0.88 0.76 1.44 For guarantees not listed, calculate the appropriate value by Interpolation. 6.3.2 Other elements shall be deemed deficient if any element is below the guarantee by an amount exceeding the applicable value specified in the following schedule:

ELEMENT GUARANTEE ALLOWABLE

DEFICIENCY

Calcium and Sulfur 1% and up 0.2 units + 5% of Magnesium 0.5% and up 0.2 units + 5% of Boron .02% to 5% .003 units + 15% of 5.0% and up Potash Schedule 6.3 (a)

Cobalt and Molybdenum .0005% to 1.0% .0001 units + 30% of 1.0% to 4.0% .2 units + 10% of Chlorine, Iron & Sodium 0.1% to 4.0% .005 units + 10% of Copper, Manganese, & Zinc .05% to 4.0% .005 units + 10% of 6.3.3 The above tolerances listed in 6.3.1. and 6.3.2 are for single samples run in duplicate.

Part 7.0 ADULTERATION 7.1 Fertilizer 7.1.1 Any product distributed as a fertilizer that contains guaranteed amounts of phosphates and/or micronutrients shall be deemed adulterated if it contains one or more metals in amounts greater than the levels of metals established by the following table:

Metals ppm per 1% P O ppm per 1% Micronutrients 1. Arsenic 13 112 2. Cadmium 10 83 3. Cobalt 136 4. Lead 61 463 5. Mercury 1 6 6. Molybdenum 42 300 7. Nickel 250 1,900 8. Selenium 26 180 9. Zinc 420 2,900 Micro-nutrients include secondary and micro plant nutrients. Secondary plant nutrients are calcium, magnesium, and sulfur. Micro plant nutrients are boron, chlorine, cobalt, copper, iron, manganese, molybdenum, nickel, sodium, and zinc.

Only applies when not guaranteed. 7.1.2 To use the above table: 7.1.2.1 First: 7.1.2.1.1 For fertilizers with a phosphate guarantee but no micro-nutrient guarantee, multiply the percent guaranteed P2O5 in the product by the values in the table to obtain the maximum allowable concentration of each metal. The minimum value for P2O5 utilized as a multiplier shall be 6.0. 7.1.2.1.2 For fertilizers with one or more micro-nutrient guarantees but no phosphate guarantee, multiply the sum of the guaranteed percentages of all micro-nutrients in the product by the value in the appropriate column in the Table to obtain the maximum allowable concentration (ppm) of each metal. The minimum value for micro-nutrients utilized as a multiplier shall be 1. 7.1.2.1.3 For fertilizers with both a phosphate and a micro-nutrient guarantee, multiply the guaranteed percent P2O5 by the value in the appropriate column. The minimum value for P2O5 utilized as a multiplier shall be 6.0. 7.1.2.2 Then multiply the sum of the guaranteed percentages of the micro-nutrients by the value in the appropriate column. The minimum value for micro-nutrients utilized as a multiplier shall be 1. 7.1.2.3 Utilize the higher of the two resulting values as the maximum allowable concentration (ppm) of each metal. 7.2 Compost 7.2.1 Any product labeled and distributed as compost will be deemed adulterated if it contains one or more metals in amounts greater than the levels of metals established by the following table:

Metals Maximum level mg/kg dry weight basis Arsenic 41 Cadmium 39 Copper 1500 Lead 300 Mercury 17 Nickel 420 Selenium 100 Zinc 2800 7.2.2 Any product labeled and distributed as compost will be deemed adulterated if it contains a pathogen concentration greater than either of the following levels: 7.2.2.1 Fecal coliform in an amount greater than 1000 most probable number per gram of total solids (dry weight basis); or 7.2.2.2 Salmonella sp. bacteria in an amount greater than three (3) most probable number per four (4) grams of total solids (dry weight basis).

Part 8. Reserved

Part 9. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE The Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1971 to 1984 are no longer in the Department’s files. 9.1 October 9, 2008 – Effective November 30, 2008 The Commissioner of Agriculture, Colorado Department of Agriculture, adopts these permanent rules pursuant to the provisions and requirements of the Colorado Commercial Fertilizer, Soil Conditioner and Plant Amendment Act, Section 35-12-114, C. R. S.

The purpose of these Rules is to comply with the requirements of the Colorado Commercial Fertilizer, Soil Conditioner and Plant Amendment Act to provide specific guidelines for the manufacture, labeling, and distribution of commercial fertilizers, soil conditioners, plant amendments, and compost.

These rules:

• Adopt the most current version of the official terms as published in the 2008 Official Publication of the Association of American Plant Food Control Officials (AAPFCO).

• Establish registration dates for commercial fertilizer, soil conditioner, and plant amendment products.

• Establish registration dates for fertilizer and compost manufacturers.

• Establish the due date for distribution (tonnage) reports.

• Establish minimum standards and labeling requirements for compost.

• Establish directions for use requirements for fertilizer products.

• Remove all references to agricultural liming materials. These references were originally incorporated into these Rules because they are included in the AAPFCO Model Rules and Regulations. Due to the alkaline nature of Colorado soils, lime is not used; therefore, regulations that pertain to these materials are not needed.

• Establish the level of concentration of certain metals that would deem fertilizer to be adulterated.

• Establish the level of concentration of certain metals and pathogens that would deem compost to be adulterated.

• Update sampling and laboratory analysis methods for fertilizers and soil conditioners.

• Establish the laboratory analysis method for iron sucrate.

• Establish sampling and laboratory analysis methods for compost.

• Update rules and remove outdated language.

The factual and policy issues encountered in the proposal of these permanent Rules are as follows:

1. On August 6, 2008, The Colorado Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act was amended by House Bill 08-1231.

a. HB 08-1231 requires the Department to set minimum standards for compost produced by those facilities that are not regulated by Colorado Department of Public Health and Environment (CDPHE).

b. The Department worked with compost industry stakeholders, CDPHE, and Colorado State University to develop compost minimum standards.

2. These new, revised rules are based upon national standard (model) regulations developed by AAPFCO, an organization comprised of state fertilizer regulatory officials. These rules promote standardization of fertilizer industry regulation amongst the states.

3. The Department met with fertilizer industry groups throughout the rule drafting process. The industry groups have indicated support for these Rules. 9.2 January 13, 2009 – Effective March 2, 2009 The Commissioner of Agriculture, Colorado Department of Agriculture, adopts these permanent rules pursuant to the provisions and requirements of the Colorado Commercial Fertilizer, Soil Conditioner and Plant Amendment Act, 35-12-114, C.R.S.

The purpose of these rules is to add additional labeling requirements to fertilizer and soil conditioning labeling guidelines.

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. Upon review of the recent amendments to these rules, filed with the Secretary of State on October 16, 2008, the Office of Legislative Legal Services (OLLS) requested additions to Rule 5.1 to conform labeling requirements for fertilizer products with those in section 35-12-105(1), C.R.S.

2. In addition to the changes requested by OLLS, the Department will add similar language to Rule 5.4 to conform labeling requirements for soil conditioners and plant amendments to those in

section 35-12-105(3), C.R.S. 9.3 November 13, 2012 – Effective December 30, 2012 The Commissioner of Agriculture is authorized to adopt these permanent rules pursuant to section 35-12- 114, C.R.S., of the Colorado Commercial Fertilizer, Soil Conditioner and Plant Amendment Act.

The specific purposes of these rule changes are as follows:

1. Amend rule 2.1 to adopt the most current version of the official terms as published in the Official Publication of the Association of American Plant Food Control Officials (AAPFCO) and update the

rule language to reflect the most current version of the statutory requirements for incorporating such information by reference.

2. Add a new rule 2.2 to define “index value.”

3. Add a new rule 2.3 to define “soil conditioner.”

4. Amend rule 3.5 to remove restrictions on the use of iron sucrate as a source.

5. Amend rule 5.2 (a) to change the requirements for minimum nutrient guarantees for specialty fertilizers.

6. Amend rule 5.2 (b) to remove restrictions on testing requirements for minor nutrients and allow the use of iron oxide and similar sources.

7. Amend rule 6.1 to separate sampling and analytical methods for clarity and update the rule language to reflect the most current version of the statutory requirements for incorporating such information by reference.

8. Add a new rule 6.2 to:

a. Provide more flexibility on fertilizer test methods and nutrient sources, and b. Require internet posting of all official test methods.

9. Amend existing rule 6.2 to:

A. Provide more flexibility on compost test methods, and B. Require internet posting of all official test methods.

10. Delete existing rule 6.3(c) to remove the reference to section 35-14-110 C.R.S., which no longer exists.

11. Amend rules 5.4(c), 6.3(a) and 6.3(b) for accuracy.

The Department has been in contact with industry groups and interested parties throughout the rule drafting process. All have indicated support for the proposed changes.

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. Rule 2.1 of the prior revision incorporated terms listed in the 2008 Official Publication of AAPFCO, which is updated annually. This revision updates the terms to the current 2012 publication. AAPFCO is an organization comprised of state fertilizer regulatory officials that develops national models to promote standardization of fertilizer industry regulation amongst the states.

2. “Index value” is used in existing rule 6.3(a) to determine whether a fertilizer is deficient. It was not previously defined, except indirectly in 6.3 (c), which is being deleted.

3. A definition of “soil conditioner” is required by section 35-12-103(29), C.R.S., of the Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act. “Soil amendment” is a generally used, but less descriptive term synonymous with “soil conditioner.”

4. A simplified regulatory approach towards fertilizer nutrient sources and analytical testing is adopted with these revisions. The use of iron sucrate is no longer restricted to specialty fertilizers.

5. Removing the requirements for minimum nutrient guarantees for specialty fertilizers changes the

rule to reflect the national models developed by AAPFCO.

6. This revision simplifies the regulatory approach for minor nutrients. Regulation will now reflect AAPFCO national models.

7. Amended rule 6.1 clarifies the regulatory approach for sampling.

8. New rule 6.2 simplifies the regulatory approach towards fertilizer analytical testing and nutrient sources.

a. Rule 6.1 of the prior revision required specific test methods for minor nutrients and nutrient sources such as iron oxide and resulted in restrictions on the use of such sources. This revision removes the restrictions and updates test and nutrient source requirements.

b. Transparency in government is promoted with the requirement to post all current test methods on the internet.

9. Amended rule 6.3 simplifies the regulatory approach towards compost sampling and analytical testing.

a. This change allows the Department to respond more quickly to technological changes in analytical test methods.

b. Transparency in government is promoted with the new requirement to post all test methods on the internet.

10. Deleting previous revision rule 6.3(c):

a. Removes a reference to section 35-12-110, C.R.S., which no longer exists.

b. Allows for a clear definition of “Index value” which is used in rule 6.3(a) to determine whether a fertilizer is deficient. Index value was not previously defined, except indirectly in 6.3 (c), which is being deleted.

11. Minor textual errors were identified which are addressed in this rule revision. 9.4 April 9, 2013 – Effective January 1, 2014 The Commissioner's authority for the adoption of these permanent rule amendments is set forth in § 35- 12-104(1), § 35-12-104(7) and § 35-1-107(5)(a), C.R.S.

The purpose of these permanent rule amendments is to amend Part 3.1 to change the expiration date for a fertilizer registration and amend Part 3.2 to change the expiration date for a fertilizer manufacturing facility registration from June 30 to December 31.

FACTUAL AND POLICY BASIS:

The factual and policy issues pertaining to the adoption of these permanent rule amendments are as 1. This change is necessary to allow the Department to consolidate licensing functions to one time per year for all licenses issued by the ICS Division.

2. The Department of Agriculture is moving its licensing functions from a paper based system to an online system. To accommodate licensee’s who hold multiple licenses with the Department of Agriculture, we are establishing a common licensing date so a licensee can obtain all their licenses in one transaction. 9.5 Adopted November 9, 2016- Effective December 30, 2016 The Commissioner's authority for the adoption of these permanent rule amendments is set forth in § 35- 12-104(1), § 35-12-104(7) and § 35-12-106(4), C.R.S.

The purpose of these permanent rule amendments is to:

1. Amend Part 4 to clarify the reporting requirements.

2. Change the date in Parts 3.1, 3.2, and 3.3 to align the registration renewals with the tonnage reporting deadline.

3. Update formatting to be consistent with other Rules within the Department.

FACTUAL AND POLICY BASIS:

The factual and policy issues pertaining to the adoption of these permanent rule amendments are as 1. The previous version of Part 4 was not specific to the types of data required to be reported on fertilizer distribution.

2. Currently, fertilizer registrants have to log into the Department’s licensing system at separate times of the year to complete the registration and reporting process. This can be burdensome to registrants and be prone to mistakes.

3. After consulting with industry stakeholders, the Department has proposed to synchronize all deadlines associated with the larger registration process to make the process more efficient for registrants. 9.6 February 8, 2017 – Effective March 30, 2017 Statutory Authority:

The Commissioner's authority for the adoption of these permanent rule amendments is set forth in § 35- 12-104(1), § 35-12-104(7) and § 35-12-106(4), C.R.S.

Purpose:

The purpose of this rule-making is to incorporate the changes that were effective December 30, 2012 which were inadvertently omitted when the rule was further amended through rules adopted November 9, 2016 to be effective December 30, 2016. See Part 9.3 for the specific changes. 9.7 Adopted November 8, 2017 – Effective December 30, 2017 The Commissioner's authority for the adoption of these permanent Rule amendments is set forth in

section 35-12-114, C.R.S. of the Colorado Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act.

The purpose of this rulemaking is to update terms, definitions and references to match the current version of the AAPFCO; update registration requirements; expand and update label language; and update references to the AOAC.

Factual and Policy Issues The Department has been in contact with industry groups and interested parties throughout the rule drafting process. The factual and policy issues related to the adoption of these permanent Rule amendments are as follows:

1. Rule 2.1 and 2.2 of the prior revision incorporated by reference the 2012 version of the Official Publication of the Association of the American Plant Food Control Officials (APPFCO) and did not include the rule language required by the most current version of the statutory requirements for incorporating such information by reference.

2. “Potting Soil”; “Planting Mix”; “Beneficial Substances or Compounds”; and “Ingredient Statement” are official terms in the 2017 Official Publication of AAPFCO.

3. Rule 3.5 exempts certain products from registration and allows products to be used in a timely manner. This Rule accounts for the constantly evolving advances in the fertilizer industry and APPFCO’s inability to publish recognition of ingredients fast enough to keep up with the advances. This Rule change is in agreement with stakeholder comments.

4. Rule 5.1.7.1 removes the requirement that a label specify the type of plant for which a product is intended; this information is not a requirement in the AAPFCO model bill or regulations. The amended Rule 5.1.7.1 allows for either a recommended application method and rate or a statement referring the user to a qualified individual or a nutrient management plan.

5. Rule 5.3.3 adds the terms “Coated Slow Release,” “Slow Release,” “Controlled Release,” and “Slowly Available Water Soluble,” which are terms consistent with the 2017 Official Publication of 6. Rule 5.4.3 removes the requirement that percentages be included on a label. This information is proprietary and disclosure is not required on labels. This change is in agreement with stakeholder comments.

6. Rules 5.4.6.1 and 5.5.1.2.1 are being deleted because they are no longer necessary. Including the intended types of plants or soils on a label is not a requirement in the AAPFCO model bill or regulations.

7. Rule 5.5.1.5 is not necessary. Typical analysis of compost has been an optional label item and has not been considered a guarantee. The removal of this Rule is in agreement with stakeholder comments.

8. The Rule 5.6 label requirements for “Beneficial Substances or Compounds” are consistent with the 2017 Official Publication of AAPFCO.

9. The Rule 5.7 label requirements for “Microbes” are consistent with the 2017 Official Publication of 11. Rule 5.8 limits label claims related to dilutions. Products that have directions for dilutions prior to use should not have a claim that the dilution will make a certain amount of finished product to avoid misleading advertising and claims. This is consistent with the 2017 Official Publication of 12. Rule 6.1 adopts the most current version of the Official Methods of Analysis of The Association of Analytical Communities (AOAC), and updates the Rule language to reflect the most current version of the statutory requirements for incorporating such information by reference.

10. Rule 6.4.4 is no longer necessary because the soil conditioner and plant amendment label requirement of disclosing the percentage of all active ingredients has been changed with amendment of Rule 5.4.3 and the deletion of Rule 5.4.4. 9.8 Adopted October 14, 2020 – Effective December 15, 2020 The commissioner’s authority for the adoption of these permanent rule amendments is set forth in section 35-12-114, C.R.S. of the Colorado Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act.

The purpose of this rulemaking is to update the language required by §24-4-103(12.5), C.R.S., to properly incorporate the AAPFCO Official Publication, effective January 1, 2017, by reference.

Factual and Policy Issues

Section 24-4-103 (12.5), C.R.S., requires specific language to properly incorporate a publication by reference. This rulemaking ensures the rules meet those statutory requirements, and updates the current address for the Inspection and Consumer Services Division within the Department of Agriculture, which changed in October 2018. 9.9 Adopted June 8, 2022 – Effective July 30, 2022 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-12- 114 C.R.S. of the Colorado Commercial Fertilizer, Soil Conditioner, and Plant Amendment Act.

The Purpose of this rulemaking is to update the references to the current publication of the Association of American Plant Food Control Officials (AAPFCO), amend definitions to clarify and become consistent with the 2022 Official Publication, and to correct minor spelling errors.

Factual and Policy Basis 1. Numerous changes to the AAPFCO Official publication have occurred since the printing of the 2017 version, which is referenced in the rules. The change to the 2022 version is reflected throughout the rule. Updating the rule to follow the 2022 AAPFCO Model regulations will make our rules more consistent with other states’ fertilizer, soil conditioner, and plant amendment rules.

2. These amendments incorporate changes as a result of the department’s regulatory efficiency review process.

3. Delete definition 2.3 “Index value” as obsolete as these values are not used to determine penalties and because Commercial Value regulations have been deleted by amendment in the Fertilizer and Soil Conditioners law 35-12-110.

4. Amend definition 2.4 “Soil Conditioner” to be consistent with that definition in the AAPFCO Official Publication.

5. Amend Rule 2.5 “Potting Soil” and “Planting Mix” to clarify these substances are intended for use in containers, and not in the landscape or gardens. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/30/2008.

Parts 5, 9.2 eff. 03/02/2009.

Entire rule eff. 12/30/2012.

Rules 3.1-3.2, 9.3 eff. 01/01/2014.

Parts 3-7, 9.4 eff. 12/30/2016.

Part 2, rules 3.5, 5.2, 5.4.3, 6, 8, 9.3-9.6 eff. 03/30/2017.

Entire rule eff. 12/30/2017.

Parts 2, 6, 9.8 eff. 12/15/2020.

Part 2, rules 5.4.3, 6.2, 6.3.2, 9.9 eff. 07/30/2022.

8 CCR 1202-5 Storage and Handling of Anhydrous Ammonia {#sec-8-ccr-1202-5 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-5}

DEPARTMENT OF AGRICULTURE

STORAGE AND HANDLING OF ANHYDROUS AMMONIA

8 CCR 1202-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

SECTION 1. INTRODUCTION 1.1. Scope 1.1.1. These Rules apply to the design, construction, location, installation, and operation of anhydrous ammonia systems for storing, handling, transporting, and utilizing anhydrous ammonia as an agricultural fertilizer. They do not supersede any other Federal Statutes or Regulations not cited herein that may be applicable. 1.1.2. These Rules do not apply to: 1.1.2.1. Ammonia, manufacturing plants. 1.1.2.2. Refrigeration plants where ammonia is used solely as a refrigerant. 1.1.2.3. Ammonia transportation pipelines. 1.1.2.4. Refrigerated ammonia systems. 1.2. General 1.2.1. Where the provisions of these Rules impose undue hardship or where the literal adherence to the provisions fails to provide adequate safety, the Commissioner may permit deviation from the Rules. 1.2.2. The term “anhydrous ammonia” as used in these Rules refers to the compound, formed by a combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume. Anhydrous ammonia may be in either gaseous or liquid form. It is not to be confused with aqua ammonia which is a solution of ammonia gas in water. Whenever the term “ammonia” appears in these Rules, it means anhydrous ammonia. 1.2.3. It is important that personnel understand the properties of this gas and that they be thoroughly trained in safe practices for its storage and handling. Some of the important physical properties of ammonia are listed in 1.2.5. 1.2.4. Gaseous ammonia liquefies under pressure at ambient temperature. Advantage of this characteristic is taken by industry and for convenience this commodity is usually shipped and stored under pressure as a liquid. When refrigerated to or below its normal boiling point (-28ºF) it may be shipped and stored as a liquid at atmospheric pressure. 1.2.5. Physical Properties of Ammonia:

Molecular symbol NH Molecular weight 17.032 Boiling point at one atmosphere* -28ºF Melting point at one atmosphere* -107.9ºF Critical temperature 271.4ºF Critical pressure 1657 psia.

Latent heat at -28ºF and one atmosphere* 589.3 Btu per pound Relative density of vapor compared to dry air at 32ºF and one atmosphere* 0.5970 Vapor density at -28ºF and one atmosphere* 0.05555 lb. per cu ft Specific gravity of liquid at -28ºF compared to water at 39.2ºF 0.6819 Liquid density at -28ºF and one atmosphere* 42.57 lb. per cu ft Specific volume of vapor at 32ºF and one atmosphere* 20.78 cu ft per pound Flammable limits by volume in air at atmospheric pressure 16% to 25% Ignition Temperature (in a standard quartz container) 1562ºF Specific Heat, Gas, 15ºC, one atm at constant pressure, C p 0.5232 Btu/lb. ºF at constant volume, C v 0.3995 Btu/lb. ºF *One atmosphere = 14.7 psia. 1.2.6. Experience has shown that ammonia is extremely hard to ignite and under normal conditions is a very stable compound. It takes temperatures of 840-980ºF to cause it to dissociate slightly at atmospheric pressure. The flammable limits at atmospheric pressure are 16% to 25% by volume of ammonia in air. Experiments conducted by a nationally recognized laboratory indicated that an ammonia-air mixture in a standard quartz test container does not ignite below 1562ºF. Ammonia is classified by the United States Department of Transportation and the United States Coast Guard as a non-flammable compressed gas for the purpose of transportation. 1.2.7. Ammonia should be handled only by properly trained personnel. In no case should ammonia be used in conjunction with chemicals unless the possible reactions have first been adequately investigated. Under some circumstances ammonia and ammonium compounds can form explosive products with other chemicals. 1.2.8. Ammonia gas irritates the skin and mucous membrane. Its odor is detectable by most people.

Since ammonia gas is lighter than air, adequate ventilation is the best means of preventing any accumulation. 1.2.9. Zinc, copper and copper base alloys such as brass are subject to rapid destructive action by ammonia in the presence of water. 1.3. Standards Incorporated by Reference 1.3.1. The following standards are hereby incorporated by reference in these Rules: 1.3.1.1. U.S. Department of Transportation (DOT) Regulations referring to Hazardous Materials Regulations of the Department of Transportation, including specifications for shipping containers, Code of Federal Regulations, 49 CFR parts 171 to 190, October 1, 2011 1.3.1.2. American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code parts UW-1 though UW-65, Section VIII, Division 1, Titled “Part UW: Requirements for Pressure Vessels Fabricated by Welding,” 2015 edition. This rule does not adopt any later amendments or editions. 1.3.1.3. Unfired Pressure Vessel Code of the American Society of Mechanical Engineers (Sections VIII of the ASME Boiler Construction Code), 1952, 1956, 1959, 1962, 1965, 1968, 1971, 1978, 1983, 1989, 1996, 1997, 2001, 2007, 2008, 2010 and 2015 editions.

This rules does not adopt any later amendments or editions. 1.3.1.4. National Electrical Code, NFPA 70 (ANSI-C1), for Class I, Group D locations, 2014 1.3.1.5. American Petroleum Institute, API Standard 620, Twelfth edition, 2013. This rule does not adopt any later amendments or editions. 1.3.1.6. Portable U.S. Department of Transportation (DOT) Containers, Code of Federal Regulations 49 CFR 173.32 October 1, 2011 edition. This rule does not adopt any later amendments or editions. 1.3.1.7. Compressed Gas Association Publication P-1, 2015 edition. This rule does not adopt any later amendments or editions. 1.3.1.8. U.S. Department of Transportation (DOT) Regulation referring to systems utilizing cylinders, portable tanks (DOT-51), Code of Federal Regulations 49 CFR Part 173.32, October 1, 2011 edition. This rule does not adopt any later amendments or editions. 1.3.1.9. U.S. Department of Transportation (DOT) Regulations referring to systems utilizing “Ton Containers” (DOT-106A, DOT-110A) Code of Federal Regulations 49 CFR Parts 179.300-179.301, October 1, 2011 edition. This rule does not adopt any later amendments or editions. 1.3.1.10. The American National Standards Institute’s Method of Marking Portable Compressed Gas Containers to Identify the Material Contained, ANSI Z48.1, 1954 1.3.1.11. U.S. Department of Transportation (DOT) Regulations referring to safety relief device requirements, Code of Federal Regulations 49 CFR Part 173.315, October 1, 2011 edition. This rule does not adopt any later amendments or editions. 1.3.2. A copy of the Official Publications of the above incorporated Standards shall be kept on file at the Colorado Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours.

A copy of the official publication of the U.S. Department of Transportation (DOT) regulations shall also be kept at the U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington D.C. 20590 and is available online at: transportation.gov/regulations.

A copy of the official publication of the American Society of Mechanical Engineers shall be kept on file at the Colorado Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication of the American Society of Mechanical Engineers shall also be kept at the ASME Headquarters, Two Park Avenue, New York NY 10016- 5990 and is available online at: ASME.org A copy of the official publication of The National Electrical Code shall be kept on file at the Colorado Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication of the National Electrical Code shall also be kept at The National Fire Protection Association, 1 Batterymarch Park, Quincy Massachusetts 02169-7471 and is available online at: NFPA.org A copy of the American Petroleum Institute Standards shall be kept on file at the Colorado Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication of the American Petroleum Institute Standards shall also be kept at the American Petroleum Institute, 200 Massachusetts Avenue NW, suite 1100, Washington D.C., 20001-5571 and is available online at: API.org.

A copy of the Compressed Gas Association Publication shall be kept on file at the Colorado Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication of the Compressed Gas Association shall also be kept at 14501 George Carter Way, suite 103, Chantilly, VA 20151 and is available online at: CGANET.com.

A copy of the American National Standards Institute’s standards Publication shall be kept on file at the Colorado Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication of the American National Standards Institute’s Standards shall also be kept at ANSI headquarters, 1899 L Street NW, Washington D.C. 20036 and is available online at: ANSI.org. 1.4. Definitions The following definitions are used for the purpose of these Rules: 1.4.1. “Approved” means: 1.4.1.1. Listed by a recognized testing laboratory, or 1.4.1.2. Recommended by the manufacturer as suitable for use with anhydrous ammonia and so marked, or 1.4.1.3. Accepted by the Commissioner. 1.4.2. “Appurtenance” refers to all devices such as safety relief devices, liquid level gauging devices, valves, pressure gauges, fittings, metering or dispensing devices. 1.4.3. “ASME” means American Society of Mechanical Engineers. 1.4.4. “Backflow check valve” means a device designed to prevent ammonia from flowing in the wrong direction within a pipe or tube. 1.4.5. “Capacity” refers to the total volume of the container measured in U.S. gallons, unless otherwise specified. 1.4.6. “Chemical-splash goggles” and “splash proof goggles” means flexible-fitting chemical-protective goggles, with a hooded, indirect ventilation system that provides protection to the eyes and eye sockets from the splash of hazardous liquids. This term shall not include direct vented goggles. 1.4.7. “Cylinder” means a container of 1000 pounds water capacity or less. 1.4.8. The “Code” refers to the Unfired Pressure Vessel Code of the American Society of Mechanical Engineers (Section VIII of the ASME Boiler Construction Code), 2015 edition. 1.4.9. “Container” includes all vessels, tanks, cylinders or spheres used for transportation, storage or application of anhydrous ammonia. 1.4.10. “Data plate” means a piece of non-corroding metal permanently attached by the manufacturer to the surface of a container. 1.4.11. “Densely populated area” means any location with either one or more multifamily housing units or eight or more single-family dwellings located within a quarter section. 1.4.12. “Design Pressure” is identical to the term “Maximum Allowable Working Pressure” used in the Code. 1.4.13. “Emergency shutoff valve” means a valve that stops the flow of product by spring closure, gravity, or pressure and can be activated by an outside means including a cable pull, hose pull, air assists, electrical closure or back pressure. 1.4.14. “Excess-flow valve” means a device placed in a line that is designed to close when the flow of vapor or liquid flowing through the line exceeds the amount for which the valve is rated. 1.4.15. An “Implement of Husbandry” is a farm wagon-type tank vehicle of not over 3000 gallons capacity, used as a field storage “nurse tank” supplying the fertilizer to a field applicator and moved on highways for bringing the fertilizer from a local source of supply to farms or fields or from one farm or field to another. 1.4.16. “Filling Density” means the percent ratio of the weight of the gas in a container to the weight of water at 60ºF that the container will hold. For determining the water capacity of the tank in pounds, the weight of a gallon (231 cubic inches) of water at 60ºF in air shall be 8.32828 pounds. 1.4.17. “Gas” refers to anhydrous ammonia in either the gaseous or liquefied state. 1.4.18. “DOT Regulations” refer to Hazardous Materials Regulations of the U.S. Department of Transportation (Title 49-Transportation, Code of Federal Regulations, Parts 171 to 190), including Specifications for Shipping Containers. 1.4.19. “Mobile container” means any container that is not installed as a permanent storage container. 1.4.20. “Non-code welding” means welding that does not comply with parts UW-1 through UW-65 of the ASME Boiler and Pressure Vessel Code, Sections VIII, Division 1, Titles “Parts UW:

Requirements for Pressure Vessels Fabricated by Welding,” 2015 edition. 1.4.21. “Permanent storage container” means a stationary container having a volume of at least 3,000 water gallons. 1.4.22. “Permanent storage facility” means a site that includes one or more permanent storage containers and their connections and appurtenances. 1.4.23. “Place of public assembly” means any building, structure or facility established to accommodate groups of people for commercial, civic, political, religious, recreational, educational, or other purposes. This term shall include buildings or structures used for medical care, including hospitals, assisted care facilities, and prisons. 1.4.24. “Systems” as used in these Rules refers to an assembly of equipment consisting essentially of the container or containers, appurtenances, pumps, compressors, and interconnecting piping. 1.4.25. The abbreviations “psig” and “psia” refer to pounds per square inch gauge and pounds per square inch absolute, respectively. 1.4.26. The terms “charging” and “filling” are used interchangeably and have the same meaning. 1.4.27. “Trailer” as used in these Rules refers to every vehicle designed for carrying persons or property while being drawn by a motor vehicle and so constructed that no part of its weight except the towing device rests upon the towing vehicle. 1.4.28. “Tank Motor Vehicle” means any motor vehicle designed or used for the transportation of anhydrous ammonia in any tank designed to be permanently attached to any motor vehicle or any container not permanently attached to any motor vehicle which by reason of its size, construction or attachment to any motor vehicle must be loaded and/or unloaded without being removed from the motor vehicle. 1.4.29. “Semi-trailer” refers to every vehicle designed for carrying persons or property while being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. 1.4.30. “Safety Relief Valve” refers to an automatic spring loaded or equivalent type pressure activated device for gas or vapor service characterized by pop action upon opening, sometimes referred to as a pop valve. 1.4.31. “Hydrostatic Relief Valve” refers to an automatic pressure activated valve for liquid service characterized by throttle or slow weep opening (non-pop action).

SECTION 2. DESIGN OF ANHYDROUS AMMONIA SYSTEMS 2.1. Painting of Containers 2.1.1. Above-ground uninsulated containers shall have a reflective surface maintained in good condition. White is recommended for painted surfaces, but other light reflecting colors are acceptable. 2.2. Electrical Equipment and Wiring 2.2.1. Where concentrations of ammonia in air in excess of 16% by volume are likely to be encountered, electrical equipment and wiring shall be of a type specified by and be installed in accordance with National Electrical Code, NFPA 70 (ANSI-C1), for Class I, Group D locations. 2.3. Marking on Containers and Systems other than DOT Containers 2.3.1. System nameplates, when required, shall be permanently attached to the system so as to be readily accessible for inspection and shall include markings as prescribed in 2.3.2. 2.3.2. Each container or system covered in Sections 7, 9, 10 and 11 shall be marked as follows: 2.3.2.1. With a marking identifying compliance with the Rules of the code under which the container is constructed. 2.3.2.2. With a notation on the container and system nameplate when the system is designed for underground installation. 2.3.2.3. With the date of fabrication and the name and address of the supplier of the container or the trade name of the container. 2.3.2.4. With the water capacity of the container in pounds at 600F or gallons, U.S. standard. 2.3.2.5. With the design pressure in pounds per square inch gauge. 2.3.2.6. With the wall thickness of the shell and heads. 2.3.2.7. With markings indicating the maximum level to which the container may be filled with liquid anhydrous ammonia at temperatures between 200F and 1000F except on containers provided with fixed maximum level indicators, such as fixed length dip tubes, or containers that are filled by weight. 2.3.2.8. With the outside surface area in square feet. 2.3.2.9. With minimum temperature in Fahrenheit for which the container is designed. 2.3.2.10. Marking as specified on containers shall be on the container itself or on a nameplate permanently affixed thereto. 2.3.3. All main operating valves on permanently installed containers having a capacity of over three thousand water gallons shall be identified to show whether the valve is in liquid or vapor service.

The recommended method of identification may be legend or color code as specified in 2.3.3.1 or 2.3.3.2. 2.3.3.1. Legend: The legend liquid (or liquid valve), vapor (or vapor valve), as appropriate, shall be placed on or within twelve inches of the valve by means of a stencil tag, or decal. 2.3.3.2. Color code: Liquid valves shall be painted orange and vapor valves shall be painted yellow. The legend orange-liquid, yellow-vapor shall be displayed in one or more conspicuous places at each permanent storage location. The legend shall have letters at least two inches high and shall be placed against a contrasting background. 2.4. Container Appurtenances 2.4.1. All appurtenances shall be designed for not less than the maximum working pressure of that portion of the system on which they are installed. 2.4.1.1. All appurtenances shall be fabricated from materials proved suitable for anhydrous ammonia service. 2.4.1.2. Each valve and appurtenance shall be designed for not less than the maximum pressure to which the valve and appurtenance will be subjected. 2.4.1.3. Each valve that could be subjected to container pressures shall have a rated working pressure of at least 250 psig. 2.4.1.4. Connections to containers shall be limited to liquid-level gauges, emergency shutoff valves, pressure gauges, vapor-relief valves, liquid lines, vapor lines, and thermometers. 2.4.2. All connections to containers except safety relief devices, gauging devices, or those fitted with a No. 54 drill size orifice shall have shut-off valves located as close to the container as practicable. 2.4.3. The emergency shutoff valve shall be placed in the liquid line internally or externally to the container. 2.4.3.1. If an external valve is used, the valve shall be located after the manual shutoff valve but as close to the opening of the container as possible. 2.4.3.2. The emergency shutoff valve shall work properly from a remote location or when activated at the valve. 2.4.4. Excess flow valves where required by these Rules shall close automatically at the rated flows of vapor or liquid as specified by the manufacturer. The connections and line including valves and fittings being protected by an excess flow valve shall have a greater capacity than the rated flow of the excess flow valve. 2.4.5. Liquid level gauging devices that require bleeding of the product to the atmosphere and which are so constructed that outward flow will not exceed that passed by a No. 54 drill size opening need not be equipped with excess flow valves. 2.4.6. Openings from containers or through fittings attached directly on containers to which pressure gauge connections are made need not be equipped with excess flow valves if such openings are not larger than No. 54 drill size. 2.4.7. Excess flow and back pressure check valves where required by these Rules shall be located inside of the container or at a point outside as close as practicable to where the line enters the container. In the latter case, installation shall be made in such manner that any undue stress beyond the excess flow or back pressure check valve will not cause breakage between the container and the valve. 2.4.8. Excess flow valves shall be designed with a by-pass, not to exceed a No. 60 drill size opening to allow equalization of pressures. 2.4.9. Shut-off valves provided with an excess flow valve shall be designed for proper installation in a container connection so that the excess flow valve will close should the shut-off valve break. 2.4.10. All excess flow valves shall be plainly and permanently marked with the name or trademark of the manufacturer, the catalog number, and the rated capacity. 2.4.11. Each liquid connection used to fill a permanent storage container shall be fitted with a backflow check valve. 2.4.12. All appurtenances to any permanent storage container shall be protected from tampering and mechanical damage, including damage from vehicles. Each manually controlled valve that, if open, would allow ammonia to be transferred or released, shall be kept locked when unattended and during nonbusiness hours. 2.5. Piping, Tubing and Fittings 2.5.1. All piping, tubing and fittings shall be made of material suitable for anhydrous ammonia service. 2.5.2. All piping, tubing and fittings shall be designed for a pressure not less than the maximum pressure to which they may be subjected in service. 2.5.3. All piping shall be well supported and provision shall be made for expansion and contraction. 2.5.4. Piping used on non-refrigerated systems shall be at least ASTM A-53 Grade B Electric Resistance Welded and Electric Flash Welded Pipe or equal. Such pipe shall be at least Schedule 40 when joints are welded, or welded and flanged. Such pipe shall be at least Schedule 80 when joints are threaded. Brass, copper, or galvanized steel pipe or tubing shall not be used. 2.5.5. All metal flexible connections for permanent installations shall have a minimum working pressure of 250 psig (safety factor of 4). For temporary installations, hose meeting the requirement of 2.6 may be used. 2.5.6. Cast iron fittings shall not be used but this shall not prohibit the use of fittings made specifically for ammonia service of malleable or nodular iron such as specification ASTM A47 or ASTM A395. 2.5.7. Provisions shall be made for expansion, contraction, jarring, vibration, and for settling. 2.5.8. Adequate provisions shall be made to protect all exposed piping from physical damage that might result from moving machinery, the presence of automobiles or trucks, or any other undue strain that may be placed upon the piping. 2.5.9. Joint compounds shall be resistant to ammonia. 2.5.10. After assembly, all piping and tubing shall be tested and proved to be free from leaks at a pressure not less than the normal operating pressure of the system. 2.6. Hose Specification 2.6.1. Hoses used in ammonia service and subject to container pressure shall conform to the specification set forth in Appendix B of this Rule, which are based on The Rubber Manufacturers Association and The Fertilizer Institute “Hose Specifications for Anhydrous Ammonia”. 2.6.2. Hose subject to container pressure shall be designed for a minimum working pressure of 350 psig and a minimum burst pressure of 1750 psig. Hose assemblies, when made up, shall be capable of withstanding a test pressure of 500 psig. 2.6.3. Hose and hose connections located on the low pressure side of flow control or pressure reducing valves on devices discharging to atmospheric pressure shall be designed for the maximum low side working pressure. All connections shall be designed, constructed, and installed so that there will be no leakage when connected. 2.6.4. Where liquid transfer hose is not drained of liquid upon completion of transfer operations, such hose shall be equipped with an approved shut-off valve at the discharge end. Provision shall be made to prevent excessive hydrostatic pressure in the hose. (See Rule 2.7.16.). 2.6.5. On all hose one-half inch O.D. and larger, used for the transfer of anhydrous ammonia liquid or vapor, there shall be etched, cast, or impressed at five-foot intervals the following information: 2.6.5.1. “Anhydrous Ammonia”; 2.6.5.2. xxx psig (Maximum working pressure); 2.6.5.3. Manufacturer's Name or Trademark; 2.6.5.4. Year of Manufacture; and 2.6.5.5. The date specified by the manufacturer on which the hose is to be removed from service (Manufacturer’s removal date). 2.6.6. Each hose shall be replaced before or upon the expiration of the manufacturer’s removal date. 2.6.7. A hose shall be removed from service prior to the manufacturer’s removal date if a visual examination reveals any of the following: 2.6.7.1. Illegibility of any of the markings required in subsection 2.6.5; 2.6.7.2. Cuts exposing reinforcing fabric; 2.6.7.3. Soft spots or bulges in the hose; 2.6.7.4. A blistering or loose outer covering; 2.6.7.5. Kinking or flattening; 2.6.7.6. Stretch marks; 2.6.7.7. Slippage at any coupling; or 2.6.7.8. Any other damage that could compromise the integrity of the safe use of the hose. 2.7. Safety Relief Devices 2.7.1. Every container used in systems covered by Sections 7, 9, 10 and 11 shall be provided with one or more safety relief valves of the spring-loaded or equivalent type. The discharge from safety relief valves shall be vented away from the container, upward and unobstructed to the atmosphere. All safety relief valve discharge openings shall have suitable rain caps that will allow free discharge of the vapor and prevent the entrance of water. Provision shall be made for draining condensate which may accumulate. The rate of the discharge shall be in accordance with the provisions of Appendix A of this Rule. 2.7.2. Container safety relief valves shall be set to start-to-discharge as follows, based on the design pressure of the container:

Containers Minimum Maximum* ASME-U-68, U-69 110% 125% ASME-U-200, U-201 95% 100% ASME 1952, 1956, 1959, 1962, 1965, 1968 or 1971 95% 100% API-ASME 95% 100% U.S. Coast Guard [As required by USCG regulations]

DOT [As required by DOT Regulations]

• NOTE: A RELIEF VALVE MANUFACTURER’S TOLERANCE OF PLUS 10% IS PERMITTED. 2.7.3. Safety relief devices used in systems covered by Sections 7, 9, 10 and 11 shall be constructed to discharge at not less than the rates required in 2.7.1 before the pressure is in excess of 120% (not including the 10% tolerance referred to in 2.7.2) of the maximum permitted start-to-discharge pressure setting of the device. 2.7.4. Safety relief valves shall be so arranged to minimize the possibility of tampering. If the pressure setting adjustment is external, the relief valves shall be provided with means for sealing the adjustment. 2.7.5. Shut-off valves shall not be installed between the safety relief valves and the containers or systems described in Sections 7, 9, 10 and 11, except that a shut-off valve may be used where the arrangement of this valve is such as always to afford required capacity flow through the relief valves.

NOTE: The above exception is made to cover such cases as a three-way valve installed under two safety relief valves, each of which has the required rate of discharge and is so installed as to allow either of the safety relief valves to be closed off, but does not allow both safety valves to be closed off at the same time. Another exception to this may be where two separate relief valves are installed with individual shut-off valves. In this case, the two shut-off valve stems shall be mechanically interconnected in a manner which will allow full required flow of one safety relief valve at all times. Still another exception is a safety relief valve manifold which allows one valve of two, three, four or more to be closed off and the remaining valve or valves will provide not less than the rate of discharge shown on the manifold nameplate. 2.7.6. Safety relief valves shall have direct communication with the vapor space of the container. 2.7.7. Each safety relief valve used with systems described in Sections 7, 9, 10 and 11 shall be plainly and permanently marked as follows: 2.7.7.1. With the letters “AA” or the symbol “NH3”. 2.7.7.2. The pressure in pounds per square inch gauge (psig) at which the valve is set to start-todischarge. 2.7.7.3. The rate of discharge of the valve in cubic feet per minute of air at 60ºF and atmospheric pressure (14.7 psia). 2.7.7.4. The manufacturer's name and catalog number.

For example, a safety relief valve marked AA-250-4200 (air) would mean that this valve is suitable for use on an anhydrous ammonia container; that it is set to start-to-discharge at 250 psig; and that its rate of discharge (see Sections 2.7.1, 2.7.2, and 2.7.3) is 4200 cubic feet per minute of air. 2.7.8. Each pressure-relief valve shall be manufactured for use with anhydrous ammonia and be installed, maintained, and replaced according to the manufacturer’s instructions. 2.7.9. Unless otherwise specified by the manufacturer, a pressure-relief valve shall not be used for more than five years after the date of manufacture of the pressure relief device. 2.7.10. Each safety valve shall be replaced if the valve meets any of the following conditions: 2.7.10.1. Fails to meet applicable requirements; 2.7.10.2. Shows evidence of damage, corrosion, or foreign matter; or 2.7.10.3. Does not have functional weep holes that permit moisture to escape. 2.7.11. If moisture accumulation could occur in a vent, suitable provision shall be made to drain the moisture from the vent. 2.7.12. The flow capacity of the safety relief valve shall not be restricted by any connection to it on either the upstream or downstream side. 2.7.13. Vent pipes or tubing used to channel releases from safety relief valves shall not be restricted or smaller in size than the safety relief valve outlet connection. 2.7.14. Vent pipes may be connected and channeled into a common header if the cross-sectional area of the header is at least equal to the sum of the cross-sectional areas of each of the individual vent pipes. 2.7.15. The manufacturer or supplier of a safety relief valve manifold shall publish complete data showing the flow rating through the combined assembly of the manifold with safety relief valves installed.

The manifold flow rating shall be determined by testing the manifold with all but one valve discharging. If one or more openings have restrictions not present in the remaining openings, the restricted opening or openings or those having the lowest flow shall be used to establish the flow rate marked on the manifold nameplate. The marking shall be similar to that required in 2.7.7 for individual valves. 2.7.16. A hydrostatic relief valve shall be installed between each pair of valves in the liquid ammonia piping or hose where liquid may be trapped so as to release into the atmosphere at a safe location. 2.7.17. Discharge from safety relief devices shall not terminate in or beneath any building. 2.8. Liquid Level Gauging Device 2.8.1. Each container except those filled by weight shall be equipped with an approved liquid level gauging device. 2.8.2. All gauging devices shall be arranged so that the maximum liquid level to which the container is filled is readily determined (See 2.3.2.7). 2.8.3. Gauging devices that require bleeding of the product to the atmosphere such as the rotary tube, fixed tube, and slip tube devices, shall be designed so that the maximum opening of the bleed valve is not larger than No. 54 drill size unless provided with an excess flow valve. (This requirement does not apply to farm vehicles used for the application of ammonia, as covered in

Section 11.) 2.8.4. Gauging devices shall have a design pressure equal to or greater than the design pressure of the container on which they are installed. 2.8.5. Fixed liquid level gauges shall be so designed that the maximum volume of the container filled by liquid shall not exceed 85% of its water capacity. The coupling into which the fixed liquid level gauge is threaded must be placed at the 85% level of the container. If located elsewhere, the dip tube of this gauge must be installed in such a manner that it cannot be readily removed. 2.8.6. Gauge glasses of the columnar type shall be restricted to stationary storage installations. They shall be equipped with shut-off valves having metallic hand wheels, with excess-flow valves, and with extra heavy glass adequately protected with a metal housing applied by the gauge manufacturer. They shall be shielded against the direct rays of the sun.

SECTION 3. CONSTRUCTION OF ANHYDROUS AMMONIA SYSTEMS 3.1. Requirements for New Construction and Original Test of Containers, Including Skid Containers 3.1.1. Each container shall be constructed and tested in accordance with the Code and shall have a minimum design pressure of 250 psig. 3.1.2. Containers used with systems covered in Sections 7, 9, 10 and 11 shall be constructed and tested in accordance with the ASME Unfired Pressure Vessel Code except that construction under Table UW 12 at a basic joint efficiency of under 80% is not authorized. 3.1.2.1. Containers built according to the Code do not have to comply with paragraphs UG 125 through UG 128 inclusive, and paragraphs UG 132 and UG 133. 3.1.3. Containers exceeding 36 inches in diameter or 250 gallons capacity shall be constructed to comply with one or more of the following additional requirements: 3.1.3.1. Containers shall be stress relieved after fabrication in accordance with the Code, or 3.1.3.2. Cold formed heads, when used shall be stress relieved, or 3.1.3.3. Hot formed heads shall be used. 3.1.4. Welding to the shell, head, or any other part of the container subject to internal pressure shall be done in compliance with the Code under which the container was fabricated and shall be performed by a person or company that has a current certificate of authorization from the National Board of Boiler and Pressure Vessel Inspections. Other welding is permitted only on saddle plates, lugs, or brackets attached to the container by the container manufacturer. 3.1.5. All records of inspections and welding on the container shall: 3.1.5.1. Be maintained by the owner of the container; 3.1.5.2. Be made available to the Commissioner upon request; and 3.1.5.3. Be transferred with change of ownership of the container. 3.1.6. All containers shall be inspected by a person having a current certificate of competency from the National Board of Boiler and Pressure Vessel Inspectors. 3.1.7. The provisions of 3.1.2 shall not be construed as prohibiting the continued use or reinstallation of containers constructed and maintained in accordance with the ASME Unfired Pressure Vessel Code.

SECTION 4. LOCATION OF ANHYDROUS AMMONIA SYSTEMS 4.1. Location of Containers 4.1.1. Consideration shall be given to the physiological effects of ammonia as well as to adjacent fire hazards in selecting the location for a storage container. Containers shall be located outside of buildings or in buildings or sections thereof approved for this purpose. 4.1.2. Containers shall be located at least 50 feet from a dug well or other sources of potable water supply, unless the container is a part of a water treatment installation. 4.1.3. The location of permanent storage containers shall be outside densely populated areas, unless the location has been approved in writing by the appropriate local governing body. 4.1.4. Container locations shall comply with the following table:

Normal Capacity of Container (Gallons)

Minimum Distances (feet) from Container to:

Line of Adjoining Property Which may be Built Upon, Highways & Mainline of Railroad Place of Public Assembly Institution Occupancy Over 500 to 2,000 25 150 250 Over 2,000 to 30,000 50 300 500 Over 30,000 to 100,000 50 450 750 Over 100,000 50 600 1,000 Location approval required from Department within 30 days from notification. 4.1.5. Storage areas shall be kept free of readily ignitable materials such as waste, weeds and long dry grass.

SECTION 5. INSTALLATION OF ANHYDROUS AMMONIA SYSTEMS 5.1. Each permanent storage container shall be mounted on either of the following: 5.1.1. A skid assembly with sufficient surface area to properly support the skid-mounted container or; 5.1.2. Reinforced concrete footings and foundations or: 5.1.3. Structural steel supports mounted on reinforced concrete foundations. The reinforced concrete foundations or footings shall extend below the established frost line and shall be constructed to support the total weight of the containers and their contents. If the container is equipped for bottom withdrawal, the container’s foundation shall maintain the lowest point of the container at not less than 18 inches above ground level. 5.1.4. Each container shall be mounted on its foundation in a manner that permits expansion and contraction. Each container shall be adequately supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. Corrosion prevention measures shall be utilized on any portion of the container that is in contact with either the foundation or saddles. 5.1.5. Each container shall be securely anchored. 5.2. Before installing or relocating a permanent storage container or permanent storage facility, the owner shall submit a detailed diagram of the permanent storage facility to the Commissioner for review to ensure that the proposed site meets the requirements in Section 4. 5.2.1. The name of the permanent storage facility and the telephone number to be contacted in case of an emergency shall be posted and be legible from each facility entrance using letters at least two inches high. 5.2.2. No permanent storage container shall be located inside an enclosed structure unless the structure is specifically constructed for this purpose.

SECTION 6. OPERATION OF ANHYDROUS AMMONIA SYSTEMS 6.1. Use of Water in Emergencies 6.1.1. The concentration of ammonia vapor in air can effectively be reduced by the use of adequate volumes of water applied through spray or fog nozzles. 6.1.2. Water should be used on liquid ammonia spills only if sufficient water is available. For the

purpose of this section, sufficient water may be taken to be 100 parts of water to one part of 6.1.3. If an ammonia container is exposed to fire and cannot be removed, water should be used to cool it. 6.1.4. Under some circumstances ammonia in a container is colder than the available water supply.

Under these circumstances water should not be sprayed on the container walls since it would heat the ammonia and aggravate any gas leak. 6.1.5. If it is found necessary to dispose of ammonia, as from a leaking container, liquid ammonia should be discharged into a vessel containing water sufficient to absorb it. Sufficient water may be taken to be ten parts of water per part ammonia. The ammonia should be injected into the water as near the bottom of the vessel as practical. 6.2. Safety 6.2.1. Personnel required to handle ammonia shall be trained in safe operating practices and the proper action to take in the event of emergencies. Personnel shall be instructed to use the equipment listed in 6.2.3 in the event of an emergency. 6.2.2. If a leak occurs in an ammonia system, the personnel trained for and designated to act in such emergencies shall: 6.2.2.1. See that persons not required to deal with an emergency are evacuated from the contaminated area. 6.2.2.2. Put on a suitable gas mask. 6.2.2.3. Wear gauntlet type plastic or rubber gloves and wear plastic or rubber suits in heavily contaminated atmospheres. 6.2.2.4. Shut off the appropriate valves. 6.2.3. All permanent storage facilities shall have on hand, as a minimum, the following equipment: 6.2.3.1 One full face gas mask. 6.2.3.2. One pair of protective gloves. 6.2.3.3. One pair of protective boots. 6.2.3.4. One protective slicker and/or protective pants and jacket. 6.2.3.5. Easily accessible shower and/or at least 50 gallons of clean water in an open top container. 6.2.3.6. Tight fitting vented goggles or one full face shield. 6.2.4. Where several persons are usually present, additional safety equipment may be desirable. 6.2.5. Each tank motor vehicle transporting anhydrous ammonia, except farm applicator vehicles, shall carry a container of at least five gallons of water and shall be equipped with at least one pair of protective gloves and a full face gas mask, a pair of tight-fitting goggles or one full face shield.

The driver shall be instructed in their use and the proper action to take to provide for his safety. 6.2.6. If a leak occurs in transportation equipment and it is not practical to stop the leak, the driver should move the vehicle to an isolated location away from populated communities or heavily traveled highways. 6.2.7. If liquid ammonia contacts the skin or eyes, the affected area should be promptly and thoroughly flushed with water. Do not use neutralizing solutions or ointments on affected areas. A physician shall treat all cases of eye exposure to liquid ammonia. 6.2.7. Gloves, boots, slickers, jackets and pants shall be made of rubber or other material impervious to 6.3. Filling Densities 6.3.1. The filling densities for containers shall not exceed the following:

Aboveground Underground (1) Uninsulated 56%* 58% (2) Insulated 57% (3) DOT containers shall be filled in accordance with DOT Regulation *This corresponds to 82% by volume at -28ºF, 85% by volume at 5ºF, 87.5% by volume at 30ºF, and 90.6% by volume at 60ºF. 6.3.2. If containers are to be filled according to liquid level by any gauging method other than a fixed length dip tube gauge, each container should have a thermometer well so that the internal liquid temperature can be easily determined and the amount of liquid and vapor in the container corrected to a 60ºF basis. 6.4. Transfer of Liquids 6.4.1. Anhydrous ammonia shall always be at a temperature suitable for the material of construction and design of the receiving containers and shall comply with Appendix R of API Standard 620 “Recommended Rules for Design and Construction of Large Welded Low-Pressure Storage Tanks” for materials for low temperature service. 6.4.2. At least one attendant shall supervise the transfer of liquids from the time the connections are first made until they are finally disconnected. 6.4.3. Flammable gases or gases which will react with ammonia (such as air) shall not be used to unload tank cars or transport trucks. 6.4.4. Containers shall be charged or used only upon authorization of the owner. 6.4.5. Containers shall be gauged and charged only in the open atmosphere or in buildings approved for that purpose. 6.4.6. Pumps used for transferring ammonia shall be recommended and labeled for ammonia service by the manufacturer. 6.4.6.1. Pumps shall be designed for at least 250 psig working pressure. 6.4.6.2. Positive displacement pumps shall have installed, off the discharge port, a constant differential relief valve discharging into the suction port of the pump through a line of sufficient size to carry the full capacity of the pump at relief valve setting, which setting and installation shall be according to pump manufacturer's recommendations. 6.4.6.3. On the discharge side of the pump, before the relief valve line, there shall be installed a pressure gauge graduated from 0 to 400 psig. 6.4.6.4. Plant piping shall contain shut-off valves located as close as practical to pump connections. 6.4.7. Compressors used for transferring or refrigerating ammonia shall be recommended and labeled for ammonia service by the manufacturer. 6.4.7.1. Compressors shall be designed for at least 250 psig working pressure. Crank cases of compressors not designed to withstand system pressure shall be protected with a suitable safety relief valve. 6.4.7.2. Plant piping shall contain shut-off valves located as close as practical to compressor connections. 6.4.7.3. A safety relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shut-off valve. 6.4.7.4. Compressors shall have pressure gauges at suction and discharge graduated to at least one and one-half times the maximum pressure that can be developed. 6.4.7.5. Where necessary to minimize entry of liquid into the compressor, adequate means, such as drainable liquid trap, shall be provided on the suction side of the compressor. 6.4.7.6. Where necessary to prevent contamination, an oil separator shall be provided on the discharge side of the compressor. 6.4.8. Loading and unloading systems shall be protected by suitable devices to prevent emptying of the storage container or the container being loaded or unloaded in the event of severance of the hose. Backflow check valves or properly sized excess flow valves shall be installed where necessary to provide such protection. In the event that such valves are not practical, remotely operated shut-off valves may be installed. 6.4.9. Meters used for the measurement of liquid anhydrous ammonia shall be recommended and labeled for ammonia service by the manufacturer and meet the requirements of The Measurement Standards Act, §§ 35-14-101 through 134, C.R.S. 6.4.9.1. Liquid meters shall be designed for a minimum working pressure of 250 psig. 6.4.9.2. The metering system shall incorporate devices that will prevent the inadvertent measurement of vapor. 6.5. Tank Car Unloading Points and Operations 6.5.1. Unloading operations shall be performed by reliable persons properly instructed and made responsible for careful compliance with all applicable procedures. 6.5.2. Caution signs shall be so placed on the track or car as to give necessary warning to persons approaching car from open end or ends of siding and shall be left up until after car is unloaded and disconnected from discharge connections. Signs shall be of metal or other suitable material, at least 12 by 15 inches in size and bear the words “STOP-Tank Car Connected” or “STOP-Men At Work” the word “STOP”, being in letters at least 4 inches high and the other words in letters at least 2 inches high. The letters shall be white on a blue background. 6.5.3. The track of a tank car siding shall be substantially level. 6.5.4. Brakes shall be set and wheels blocked on all cars being unloaded. 6.5.5. Tank cars of anhydrous ammonia shall be unloaded only at approved locations meeting the requirements of Rules 6.2.3 and 6.4.8.

SECTION 7. SYSTEMS UTILIZING STATIONARY, PIER-MOUNTED OR SKID-MOUNTED

ABOVEGROUND OR UNDERGROUND

This section applies to stationary, pier-mounted, skid-mounted, aboveground or underground storage installations utilizing containers other than those constructed in accordance with Department of Transportation Specifications. All Rules of Section 2 apply to this section unless otherwise noted. 7.1. Design Pressure and Construction of Containers 7.1.1. The minimum design pressure for non-refrigerated aboveground containers shall be 250 psig. [See.1.2.1.]

NOTE: U-68 and U-69 ASME Code containers with a design pressure of 200 psig are acceptable if recertified to 250 psig and equipped with safety relief valves set at 250 psig as permitted in 2.7.2. 7.2. Container Valves and Accessories, Filling and Discharge Connections 7.2.1. Each filling connection shall be provided with combination back-pressure check valve and excess flow valve; one double or two single back-pressure check valves; or a positive shut-off valve in conjunction with either an internal back-pressure check valve or an internal excess flow valve. 7.2.2. All vapor and liquid connections, except safety relief valves and those specifically exempt in Rules 2.4.5 and 2.4.6. shall be equipped with approved excess flow valves; or in lieu thereof, may be fitted with approved quick-closing internal valves which, except during operating periods, shall remain closed. 7.2.3. Each storage container shall be provided with a pressure gauge graduated from 0 to 400 psig.

Gauges shall be designated for use in ammonia service. 7.2.4. All containers shall be equipped with an approved vapor return valve. 7.2.5. All containers shall be equipped with a fixed maximum liquid level gauge. 7.3. Safety Relief Devices 7.3.1. Every container shall be provided with one or more safety relief valves of spring-loaded or equivalent type and shall comply with the following: 7.3.1.1. The discharge from safety relief valves shall be directed away from the container upward and unobstructed to the open air. Vent pipes shall not be restrictive or smaller in size than the safety relief valve outlet connection. All safety relief valve discharges shall have suitable rain caps that will allow free discharge of the vapor and prevent the entrance of water. Suitable provision shall be made for draining condensate which may accumulate. 7.3.1.2. If desired, vent pipes from two or more safety relief devices located on the same unit, or similar lines from two or more different units, may be run into a common header, provided the cross-sectional area of such header is at least equal to the sum of the cross-sectional areas of the individual vent pipes. 7.3.2. The rate of discharge of spring-loaded safety relief valves installed on underground containers may be reduced to a minimum of 30 per cent of the rate of discharge specified in Appendix A of this Rule. Containers so protected shall not be uncovered after installation until the liquid ammonia has been removed. Containers which may contain liquid ammonia before being installed underground and before being completely covered with earth are considered aboveground containers when determining the rate of discharge requirements of the safety relief valves. 7.3.3. On underground installations where there is a probability of the manhole or housing becoming flooded, the discharge from vent lines shall be located above the high water level. All manholes or housings shall be provided with ventilated louvres or their equivalent, the area of such openings equaling or exceeding combined discharge areas of safety relief valves and vent lines which discharge their content into the manhole housing. 7.4. Installation of Storage Containers 7.4.1. Containers installed aboveground shall be provided with substantial reinforced concrete footings and foundations or structural steel supports mounted on reinforced concrete foundations. In either case, the reinforced concrete foundations or footings shall extend below the established frost line and shall be of sufficient width and thickness to support the total weight of the containers and contents adequately. The foundation shall maintain the lowest point of the tank at not less than 18 inches above the ground. Floating type foundations shall also be acceptable providing the foundations are designed to adequately support the tank, contents and pumping equipment.

Crushed rock of adequate depth would be acceptable. 7.4.2. Horizontal aboveground containers shall be mounted on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. The bearing afforded by the saddles shall extend over at least one third of the circumference of the shell. Suitable means for preventing corrosion shall be provided on that portion of the container in contact with the foundations or saddles. 7.4.3. Containers buried underground shall be placed so that the top of the container is at least one foot below the surface of the ground. Should ground conditions make compliance with these requirements impracticable, precautions shall be taken to prevent physical damage to the container. It is not necessary to cover the portion of the container to which a manhole and other connections are affixed. When necessary to prevent floating, containers shall be securely anchored or weighted. 7.4.4. Underground containers shall be set on firm foundations (firm earth may be used) and surrounded with soft earth or sand well tamped in place. As a further means of resisting corrosion, the container, prior to being placed underground, shall be given a protective coating satisfactory to the Commissioner. Such protective coating shall be equivalent to hot dip galvanizing, or to two preliminary coatings of red lead followed by a heavy coating of coal tar or asphalt. The container thus coated shall be lowered into place in such a manner as to prevent abrasion or other damage to the coating. 7.4.5. Distance between aboveground and underground containers of over 1,200 gallons capacity shall be at least five feet 7.4.6. Secure anchorage or adequate pier height shall be provided against container flotation wherever sufficiently high flood water might occur. 7.5. Reinstallation of Containers 7.5.1. Containers once installed underground shall not later be reinstalled aboveground or underground, unless they successfully withstand hydrostatic pressure retests at the pressure specified for the original hydrostatic test as required by the code under which the tank was constructed and show no evidence of serious corrosion. 7.5.2. Where containers are reinstalled underground the corrosion resistant coating shall be put in good condition; see 7.4.4. Where containers are reinstalled aboveground, safety relief devices or gauging devices shall comply with 2.7 and 7.3 respectively for aboveground containers. 7.6. Marking of Containers 7.6.1. Each container or group of containers shall be marked on at least two sides with the words “Anhydrous Ammonia” in sharply contrasting colors with letters not less than four inches high and displayed a National Fire Protection Association diamond for anhydrous ammonia in a location that is readily visible to emergency responders. 7.7. Protection of Container Appurtenances 7.7.1. Valves and other appurtenances shall be protected against physical damage. Main container shut-off valves shall be kept closed and locked when the installation is unattended. If the facility is protected against tampering by fencing or other suitable means, valve locks are not required. 7.7.2. All connections to underground containers should be located within a substantial dome, housing or manhole fitted with a substantial removable cover. Appurtenances shall also be protected during the transit of containers intended for installation underground. 7.7.3. Storage containers need not be grounded. 7.8. Identification 7.8.1. A sign shall be displayed in a conspicuous place stating the name, address, and phone number of the nearest representative, agent, or owner of the storage system.

SECTION 8. SYSTEMS UTILIZING PORTABLE DOT CONTAINERS

This Section 8 incorporates by reference the specification of the U.S. Department of Transportation systems utilizing cylinders, portable tanks (DOT-51) 49 CFR 173.32, or “ton containers” (DOT-106A, DOT-110A 49 CFR 179.300-179.301), dated October 1, 2011. All General Rules of Section 2 apply to this

Section 8, unless otherwise noted. 8.1. Containers 8.1.1. Containers shall comply with Department of Transportation Specifications and shall be maintained, filled, packaged, marked, labeled and shipped to comply with current DOT Regulations 49 CFR Parts 171-177 and compressed Gas Association Guide to Classification and Labeling of Compressed Gases, CGA C-7 2014. 8.1.2. Containers shall be stored in an area free from ignitable debris and in such manner as to prevent external corrosion. Storage may be indoors or outdoors. 8.1.3. Containers shall not be buried below ground. 8.1.4. Containers shall be set upon firm foundations or otherwise firmly secured. The possible effect of sending on the outlet piping shall be guarded against by a flexible connection or special framing. 8.1.5. Containers shall be protected from heat sources such as radiant flame and steam pipes. Do not apply heat directly to containers to raise the pressure. 8.1.6. Containers shall be stored in such manner as to protect them from moving vehicles or external damage. 8.1.7. Any container which is designed to have a valve protection cap shall have the cap securely in place when the container is not in service. 8.2. Container Valves and Regulating Equipment 8.2.1. Container valves and pressure regulating equipment shall be protected against tampering when installed for use. 8.2.2. Container valves shall be protected while in transit, in storage, and while being moved into final utilizations, as follows: 8.2.2.1. By setting them into a recess of the container, or 8.2.2.2. By ventilated cap or collar, fastened to the container, capable of withstanding a blow from any direction equivalent to that of a 30-lb. weight dropped four feet. Construction must be such that a blow will not be transmitted to the valves or other connections. 8.2.3. When containers are not connected for service, the outlet valves shall be kept tightly closed even though containers are considered empty. 8.3. Safety Relief Devices 8.3.1. Containers shall be provided with safety relief devices as required by Department of Transportation Regulations 49 CFR Part 173.315(i), October 1, 2011.

SECTION 9. SYSTEMS MOUNTED ON TRUCKS, SEMI-TRAILERS, AND TRAILERS FOR

TRANSPORTATION OF AMMONIA

This Section applies specifically to systems mounted on trucks, semi-trailers and trailers (other than those covered under Sections 10 and 11) used for the transportation of ammonia. All General Rules of Section 2 apply to this Section 9 unless otherwise noted. 9.1. Design Pressure of Containers 9.1.1. Containers shall be constructed in accordance with Rule 3.1 with a minimum design pressure of 250 psig. 9.1.2. The shell or head thickness of any container shall not be less than 3/16 inch. 9.1.3. All container openings, except safety relief valves, liquid level gauging devices and pressure gauges, shall be labeled to designate whether they communicate with liquid or vapor space.

Labels may be on valves. 9.1.4. Baffles are not required for cargo tanks. 9.2. Mounting Containers on Truck 9.2.1. The means of attachment of any container to the cradle, frame or chassis of a vehicle shall be designed on a basis of two “g” loading in either direction, using a safety factor of not less than 4, based on the ultimate strength of the material used. For purposes of this requirement, two “g” of load support is equivalent to three times the static weight of the articles supported; two “g” of loading and bending, acceleration, and torsion is equivalent to twice the static weight support applied horizontally at the road surface. 9.2.2. “Hold-down” devices, when used, shall anchor the container to the cradle, frame or chassis in a suitable and safe manner that will not introduce undue concentration of stresses. These devices shall incorporate positive means for drawing the container down tight, and suitable stops or anchors shall be provided to prevent relative movement between container and framing due to stopping, starting or changes in direction. 9.2.3. Vehicles designed and constructed so that the cargo tanks constitute in whole or in part the stress member used in lieu of the frame shall be supported by external cradles suspending at least 120° of the shell circumference. The design calculation shall include beam stress, shear stress, torsion stress, bending moment and acceleration stress, in addition to those covered by the code under which the cargo tank was designed. 9.2.4. If a liquid withdrawal line is installed in the bottom of a container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the trailer axle. 9.2.5. Provisions shall be made to secure both ends of the hose while in transit. 9.2.6. When the cradle and the container are not welded together, suitable material shall be used between them to eliminate metal-to-metal friction. 9.3. Container Appurtenances 9.3.1. Non-recessed container fittings and appurtenances shall be protected against physical damage by either: (1) a protected location, (2) the vehicle frame or bumper, or (3) a protective housing.

The protective housing, if used, shall comply with the requirements under which the containers are fabricated with respect to design and construction, and shall be designed to withstand static loadings in any direction equal to twice the weight of the container and attachments when filled with the lading using a safety factor of not less than 4, based on the ultimate strength of the material to be used. The protective housing if used shall be protected with a weather cover, if necessary, to ensure proper operation of valves and safety relief devices. 9.3.2. All connections to containers, except filling connections (see 9.3.3), safety relief devices, and liquid level and pressure gauge connections, shall be provided with suitable automatic excess flow valves, or in lieu thereof, may be fitted with quick-closing internal valves, which shall remain closed except during delivery operations. The control mechanism for such valves may be provided with a secondary control remote from the delivery connections and such control mechanism shall be provided with a fusible section (melting point 208ºF to 220ºF) which will permit the internal valve to close automatically in case of fire. 9.3.3. Filling connections shall be provided with automatic back-pressure check valves, excess-flow check valves, or quick-closing internal valves, to prevent back-flow in case the filling connection is broken. Where the filling and discharge connect to a common opening in the container shell and that opening is fitted with a quick-closing internal valve as specified in 9.3.2, the automatic valve shall not be required. 9.3.4. All containers shall be equipped for spray loading (filling in the vapor space) or with an approved vapor return valve of adequate capacity. 9.3.5. All containers shall be equipped with a fixed maximum liquid level gauge. 9.3.6. All containers shall be equipped with a pressure-indicating gauge having a dial graduated from 0- 400 psig. 9.4. Piping and Fittings 9.4.1. All piping, tubing and fittings shall be securely mounted and protected against physical damage. 9.4.2. Piping used on non-refrigerated systems shall be at least ASTM A-53 Grade B Electric Resistance Welded and Electric Flash Welded Pipe or equal. Such pipe shall be at least Schedule 40 when joints are welded, or welded and flanged. Such pipe shall be at least Schedule 80 when joints are threaded. Brass, copper, or galvanized steel pipe or tubing shall not be used. 9.4.3. The truck unloading line shall be provided with an excess flow valve at the hose connection unless an approved quick dosing internal valve is provided in the container unloading connection.

(See 9.3.2) 9.5. Safety Relief Devices 9.5.1. The discharge from container safety relief valves shall be vented away from the container upward and unobstructed to the open air in such a manner as to prevent any impingement of escaping gas upon the container; loose fitting rain caps shall be used. Size of discharge lines from safety relief valves shall not be smaller than the nominal size of the safety relief valve outlet connection.

Suitable provision shall be made for draining condensate which may accumulate in the discharge pipe. 9.6. Marking of Container 9.6.1. Every container, whether loaded or empty, shall be conspicuously and legibly marked on each side and rear thereof on a background of sharply contrasting color with the words “COMPRESSED GAS” in letters at least four inches high; and with the words “ANHYDROUS AMMONIA” in letters at least four inches high. 9.7. Transfer of Liquids 9.7.1. The content of tank motor vehicle containers shall be determined by weight, or suitable metering device.

NOTE: If the content of a container is to be determined by liquid level measurement, the container shall have a thermometer well so that the internal liquid temperature can be easily determined. This volume when converted to weight shall not exceed the filling density. 9.7.2. Pumps or compressors shall be designed and installed in accordance with Rule 6.4 and protected against physical damage when mounted upon ammonia tank trucks and trailers. 9.7.3. Tank motor vehicles of greater than 3500 water gallons capacity shall be unloaded only at approved locations meeting the requirements of Rules 6.2.3 and 6.4.8. 9.8. Trailers and Semi-Trailers 9.8.1. Trailers shall be firmly and securely attached to the vehicle drawing them by means of suitable drawbars, supplemented by suitable safety chain (or chains) or safety cables. 9.8.2. Every trailer and semi-trailer shall be equipped with an emergency braking system to be activated in the event of hitch failure. 9.8.3. Trailers shall be of a type of construction which will prevent the towed vehicle from whipping or swerving dangerously from side to side and which will cause it to follow substantially in the path of the towing vehicle. 9.8.4. Where a fifth wheel is employed on a semi-trailer, it shall be ruggedly designed, securely fastened to both units, and equipped with a positive locking mechanism which will prevent separation of the two units except by manual release. 9.8.5. Every trailer or semi-trailer shall be provided with side lights and a tail light. 9.9. Electrical Equipment and Lighting 9.9.1. Tank trucks, tank trailers, and tank semi-trailers, may not be equipped with any artificial light other than electric light. Electric lighting circuits shall have suitable overcurrent protection (fuses or automatic circuit breakers). The wiring shall have sufficient carrying capacity and mechanical strength, and shall be suitably secured, insulated and protected against physical damage. 9.10. Protection Against Collision 9.10.1. Each tank motor vehicle shall be provided with properly attached bumpers or chassis extensions arranged to protect the tank, piping, valves and fittings from physical damage in case of collision. 9.11. Chock Blocks 9.11.1. At least two chock blocks shall be provided. These blocks shall be placed to prevent rolling of the vehicle whenever it is parked during loading and unloading operations. 9.12. Portable Tanks (Including Skid Tanks) 9.12.1. When portable tanks are used in lieu of cargo tanks and are permanently mounted on tank motor vehicles for the transportation of ammonia, they shall comply with the requirements of Section 9.

Where portable tanks, including those built to DOT Specification 51, 106A or 110A, are used for farm storage they shall comply with Section 7. When portable tanks are used as shipping containers in interstate commerce they shall comply with Section 8. 9.13. Safety Equipment 9.13.1. All tank trucks, trailers, and semitrailers shall be equipped with the following: 9.13.1.1. One full face gas mask with anhydrous ammonia refill canisters. 9.13.1.2. One pair of protective gloves made of rubber or other material impervious to 9.13.1.3. Tight-fitting goggles or one full face shield. 9.13.1.4. A container of not less than five gallons of readily available clean water. *An ammonia canister is effective for short periods of time in light concentrations of ammonia vapor, generally 15 minutes in concentrations of 3% and will not protect breathing in heavier concentrations. If ammonia vapors are detected when mask is applied the concentration is too high for safety. The life of a canister in service is controlled by the percentage of vapors to which it is exposed. Canisters must not be opened until ready for use and should be discarded after use. Unopened canisters may be guaranteed for as long as three years. All should be dated when received because of this limited life. In addition to this protection, an independently supplied air mask of the type used by fire departments may be used for severe emergencies.

SECTION 10. SYSTEMS MOUNTED ON FARM WAGONS (IMPLEMENTS OF HUSBANDRY) FOR

THE TRANSPORTATION OF AMMONIA

This Section applies to containers of 3000 gallons capacity or less and pertinent equipment mounted on farm wagons (implements of husbandry) and used for the transportation of ammonia. All General Rules of

Section 2 apply to this Section unless otherwise noted. 10.1. Design of Containers 10.1.1. Containers shall be constructed in accordance with Rule 3.1. 10.2. Mounting Containers 10.2.1. A suitable “stop” or “stops” shall be mounted on the farm wagon or on the container in such a way that the container shall not be dislodged from its mounting due to farm wagon coming to a sudden stop. Back slippage shall also be prevented by proper methods. 10.2.2. A suitable “hold-down” device shall be provided which will anchor the container to the farm wagon at one or more places on each side of the container. 10.2.3. When containers are mounted on four-wheel farm wagons, care shall be taken to ensure that the weight is distributed evenly over both axles. 10.2.4. When the cradle and the container are not welded together, suitable material shall be used between them to eliminate metal-to-metal friction. 10.3. Container Appurtenances 10.3.1. All containers shall be equipped with a fixed maximum liquid level gauge. 10.3.2. All containers with a capacity exceeding 250 gallons shall be equipped with a pressure gauge having a dial graduated from 9-400 psi. 10.3.3. The filling connection shall be fitted with combination back-pressure check valve and excess-flow valve; one double or two single back-pressure check valves; or a positive shut-off valve in conjunction with either an internal back-pressure check valve or an internal excess flow valve. 10.3.4. All containers with a capacity exceeding 250 gallons shall be equipped for spray loading or with an approved vapor return valve. 10.3.5. All vapor and liquid connections, except safety relief valves and those specifically exempt in 2.4.5.6, shall be equipped with approved excess flow valves or may be fitted with quick-closing internal valves which, except during operating periods, shall remain closed. 10.3.6. Fittings shall be protected from physical damage by means of a rigid guard designed to withstand static loading in any direction equal to twice the weight of the container and lading using a safety factor of four (4) based upon the ultimate strength of the material used. If the guard is fully enclosed, the safety relief valves shall be properly vented through the guard. 10.3.7. If a liquid withdrawal line is installed in the bottom of a container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the farm wagon axle. 10.3.8. Provision shall be made to secure both ends of the hose while in transit. 10.4. Marking of Container 10.4.1. There shall appear on each side and on the rear end of the container in letters at least four inches high, the words “ANHYDROUS AMMONIA”. 10.5. Farm Wagons (Implements of Husbandry) 10.5.1. Farm wagons (Implements of Husbandry) shall conform with State Regulations. 10.5.2. All farm wagons shall be securely attached to the vehicle drawing them by means of drawbars supplemented by suitable safety chains. 10.5.3. A farm wagon shall be constructed so that it will follow substantially in the path of the towing vehicle and will prevent the towed farm wagon from whipping or swerving dangerously from side to side. 10.5.4. All farm wagons shall have five (5) gallons or more of readily available clean water, one pair of tight fitting goggles or full face shield, and one pair of protective gloves.

SECTION 11. SYSTEMS MOUNTED ON FARM EQUIPMENT (IMPLEMENTS OF HUSBANDRY) FOR

THE APPLICATION OF AMMONIA

This Section applies to systems mounted on farm equipment and used for the field application of ammonia. All General Rules of Section 2 apply to this Section unless otherwise noted. 11.1. Design of Containers 11.1.1. The minimum design for containers shall be in accordance with Rule 3.1. 11.2. Mounting of Containers 11.2.1. All containers shall be securely mounted. 11.3. Container Valves and Appurtenances 11.3.1. Each container shall have a fixed maximum liquid level gauge. 11.3.2. The filling connection shall be fitted with combination back-pressure check valve and excess-flow valve; one double or two single back-pressure check valves; or a positive shut-off valve in conjunction with either an internal back-pressure check valve or an internal excess-flow valve. 11.3.3. An excess-flow valve is not required in the vapor connection, provided the controlling orifice is not in excess of seven sixteenths (7/16) of an inch in diameter and the valve is a hand-operated (attached hand wheel or equivalent) shut-off valve. To assist in filling applicator tanks, it is permissible to bleed vapors to the open air, providing the preceding requirements are met. 11.3.4. Metering devices may be connected directly to the tank withdrawal valve. A union type connection is permissible between the tank valve and metering device. Remote mounting of metering devices is permissible using hose which meets with specifications set out in Appendix B of this Rule. When the applicator tank is trailed and the metering device is remotely mounted, such as on the tractor tool bar, an automatic break-a-way type, self-closing, coupling must be used. 11.3.5. No excess-flow valve is required in the liquid withdrawal line provided the controlling orifice between the contents of the container and the outlet of the shut-off valve (see 2.5.5) does not exceed 7/16 inch in diameter.

SECTION 12. ADDITIONAL SAFETY REQUIREMENTS 12.1. The following minimum requirements of equipment shall be on hand at all places wherever Anhydrous Ammonia is handled or transported, if not otherwise prescribed in these Rules: 12.1.1. One pair of tight fitting goggles or full face shield. 12.1.2. One pair of protective gloves. 12.1.3. A container of not less than five gallons of readily available clean water. 12.2. It shall be considered a violation if, at any time in the handling of Anhydrous Ammonia, the prescribed safety equipment is not worn or used. 12.3. Agricultural anhydrous ammonia tank cars and transport trucks shall be unloaded only through permanent, approved unloading sites and into permanently installed bulk storage tanks, except as otherwise provided below. 12.3.1. Agricultural anhydrous ammonia may be unloaded directly from a railroad tank car into a U.S. Department of Transportation approved over-the-road transport truck of more than 3500 gallons capacity only for the purpose of transport to bulk storage tanks which do not have access to a railroad siding. 12.3.2. Tank cars and transport trucks may be unloaded at permanent, approved unloading sites into portable acid-fertilizer conversion units for the purpose of producing liquid fertilizer, if such conversion units have approved, automatic, normally closed valves in the line connecting the source tank and the conversion unit.

SECTION 13. REGISTRATION

On or before January 1 of each year, every person who owns one or more anhydrous ammonia storage tanks, mobile transportation tanks, or tank-mounted applicators within this state shall register each of such tanks or applicators with the Department and shall pay a registration fee as established by the Agricultural Commission.

SECTION 14. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

The Statement of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1992 is no longer in the Department’s files. 1.4.1. October 9, 2008 – Effective November 30, 2008 STATUTORY AUTHORITY:

The Commissioner of Agriculture, Colorado Department of Agriculture, adopts these permanent rules pursuant to the provisions and requirements of the Anhydrous Ammonia Act, 35-13-101 - 109, C.R.S.

PURPOSE:

The purpose of these rules is to:

Implement the statutory change to the Anhydrous Ammonia Act which require the Commissioner to establish rules to specify the dates for the registration of anhydrous ammonia storage tanks, mobile transportation tanks and tank mounted applicators.

Correct typographical errors.

FACTUAL POLICY AND ISSUES;

The factual and policy issues encountered in the proposal of these permanent rules is as follows:

On August 6, 2008, The Anhydrous Ammonia Act was amended by Senate Bill 08-097. Section 35-13- 109 (1) requires the Commissioner to specify by rule the dates for the registration of anhydrous ammonia storage tanks, mobile transportation tanks and tank mounted applicators. 14.2. Adopted November 10, 2015- Effective December 30, 2015 STATUTORY AUTHORITY:

The Commissioner’s authority for the adoption of these Rule amendments is set forth in Section 35-13- 103, C.R.S.

Purpose:

The purpose of these Rule Amendments is to:

1. Delete obsolete language at the beginning of the Rules;

2. Correct typographical errors throughout the rules;

3. Amend Rules by deleting language that is not essential and unenforceable including reference materials;

4. Amend Rules to exempt refrigerated ammonia systems and delete all refrigerated ammonia rules;

5. Delete references to “Appendix C” within the Rules;

6. Add Rule 1.3. to incorporate by reference all of the standards referred to in the rules, instruct where to inspect codes, and to explain later amendments of incorporated material are not included;

7. Amend Rules by changing the language “this Standard” to “these Rules” to be consistent with other Colorado Department of Agriculture rules;

8. Amend Rules by changing the word “paragraph” with the word “Rule” throughout the rules so as to be consistent with other Colorado Department of Agriculture rules;

9. Replace the language “Authority having Jurisdiction” with the word “Commissioner” throughout the rules;

10. Amend Rules to add definitions necessary to understand the Rules.

11. Amend Rule 1.4.8. by adding the current edition of the unfired pressure vessel code and striking obsolete references to The Joint Code of the American Petroleum Institute and The American Society of Mechanical Engineers (API-ASME Code) 1951 edition;

12. Delete the definition of “gas mask” in Rule 1.3.11.;

13. Add Rule 3.1.5. to include a records retention requirement of inspections and welding on the container;

14. Realign the order of the Rules to be consistent with the requirements listed in Statute for the design, construction, location, installation, and operation of anhydrous ammonia systems;

15. Amend Rule 6.4.9. by replacing the words “state Weights & Measures” with “The Measurement standards Act, §§ 35-14-101 through 134, C.R.S”;

16. Amend Rules 6.2.3. and 9.13.1. by replacing language referring to emergency rescue with personal protection equipment.

17. Amend Rules to include the specific code of federal regulations cites throughout the Rules.

Factual and Policy Basis:

The factual and policy issues pertaining to the adoption of these Rule amendment are as follows:

1. The current Rules have not been revised for a very long time and therefore these Rules contain antiquated language and formatting requirements. These Rule changes are being made to modernize the language where appropriate, comply with the current Rule format requirements, and to align the Rule with the Statute;

2. Obsolete language at the beginning of the Rule has been deleted to comply with the Department’s current Rule format;

3. References to refrigerated anhydrous systems have been deleted throughout the Rule to clarify that these Rules only regulate anhydrous ammonia used as an agricultural fertilizer. The amended Rules are 1.1.1., 1.1.2.4., Section 4, 6.3.1., 6.4.1., and 6.4.7.1.;

4. Rules referring to Appendix C have been deleted because Appendix C does not exist;

5. Definitions have been added to clarify the Rule. The amended Rules are 1.4.3.(ASME), 1.4.4.(Backflow check valve), 1.4.6.(Chemical-splash goggles), 1.4.10.(Data plate), 1.4.11.(Densely populated area), 1.4.13.(Emergency shutoff valve), 1.4.14.(Excess-flow valve), 1.4.19.(Mobil container), 1.4.20.(Non-code welding), 1.4.21.(Permanent storage container), 1.4.22.(Permanent storage facility), and 1.4.23.(Place of public assembly);

6. References to materials incorporated by reference within the Rule have been updated. The amended Rules are 1.3.1., 1.3.2., and 1.3.3.;

7. Informational language not essential to the Rule has been deleted. The deleted language is not necessary for the administration of the Rule. The amended Rules are 1.1.2.2., 1.2.7.,1.2.8., 1.2.9., and 1.4.7.;

8. Language not essential to the Rule has been deleted or replaced to clarify the intent of the Rule.

The amended Rules are 1.1.1., 1.2.1., 1.4.,1.4.1., 1.4.15., 9.7.1., 9.7.3., 10.1.1., 11.1.1., and 12.1.;

9. References to other resources not essential to the enforcement of the Rule were deleted to avoid confusion as to which references are needed to be in compliance with the Rule. The amended Rules are 1.4.3., 1.4.8., and after Rule 6.2.;

10. The wording “state Weights and Measures” in rule 6.4.9. was replaced with “The Measurement standards Act, §§ 35-14-101 through 134, C.R.S” to clarify where the requirements for meters used for the measurement of liquid anhydrous ammonia can be found.

11. References to emergency and rescue equipment were deleted in the Rule to eliminate the perception that untrained personnel should perform emergency and rescue operations.

Emergency and rescue operations should be performed by trained professionals. The amended Rules are 1.3.11., 1.4.13., 6.2.3., and 9.13.1.;

12. The Rule was realigned to be consistent with the requirements of the Statute. The realignment will make finding the rules pertaining to the design, construction, location, installation, and operation of anhydrous ammonia systems for storing, handling, transporting, and utilizing anhydrous ammonia as an agricultural fertilizer within the Rule easier to find;

13. Records requirements for repairs completed on a container have been added to the Rule. The requirement will help the owner of the tank avoid costly re-examination and testing of the repaired tank before the tank can be registered and filled. The amended Rules are 1.4.15., and 3.1.5.;

14. The Rule was amended to clarify compliance with the Department of Transportation is required for all tanks transported by tank or trailer by adding the words “which shall be”, by adding the specific federal code site, and eliminating language that could cause confusion. Rule 1.1.1. further clarifies compliance with applicable Federal Statutes or Regulations. The amended Sections are 8. and 9. The amended Rules are 1.1.1., 8.1.1., 9.1.1., 9.6.1., and 10.4.1.

15. These revisions incorporate changes as a result of the Departments Regulatory Efficiency Review Process. 14.3. Adopted October 14, 2020 – Effective December 15, 2020 Statutory Authority The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-13- 103 C.R.S.

Purpose The purpose of this rulemaking is to update the language that incorporates regulations and standards by reference so as to comply with the new requirements in §24-4-103(12.5), C.R.S.

Factual and Policy Basis This rulemaking updates the language and citations within the rule to properly incorporate regulations and standards by reference. More specifically, it provides the proper address for the Colorado Department of Agriculture, which changed in 2018, and provides the addresses of the agencies and organizations issuing the incorporated regulations and standards. This rulemaking also updates the edition for each incorporation.

APPENDIX A

Minimum required rate of discharge in cubic feet per minute of air at 120 per cent of the maximum permitted start to discharge pressure for safety relief valves to be used on containers other than those constructed in accordance with United States Department of Transportation cylinder specifications.

Sq. Ft.

Sq. Ft.

Sq. Ft.

Sq. Ft. 20 258 145 1,310 340 2,640 1,350 8,160 25 310 150 1,350 350 2,700 1.400 8,410 30 360 155 1,390 360 2,760 1,450 8,650 35 408 160 1,420 370 2,830 1,500 8,900 40 455 165 1,460 380 2,890 1,550 9,140 45 501 170 1,500 390 2,960 1,600 9,380 50 547 175 1,530 400 3,010 1,650 9,620 55 591 180 1,570 450 3,320 1,700 9,860 60 638 185 1,600 500 3,620 1,750 10,090 65 678 190 1,640 550 3,910 1,800 10,330 70 720 195 1,670 600 4,200 1,850 10,560 75 762 200 1,710 650 4,480 1,900 10,800 80 804 210 1,780 700 4,760 1,950 11,030 85 845 220 1,850 750 5,040 2,000 11,260 90 885 230 1,920 800 5,300 2,050 11,490 95 925 240 1,980 850 5,590 2,100 11,720 100 965 250 2,050 900 5,850 2,150 11,950 105 1,010 260 2,120 950 6,120 2,200 12,180 110 1,050 270 2,180 1,000 6,380 2,250 12,400 115 1,090 280 2,250 1,050 6,640 2,300 12,630 120 1,120 290 2,320 1,100 6,900 2,350 12,850 125 1,160 300 2.380 1,150 7,160 2,400 13,080 130 1,200 310 2,450 1,200 7,410 2,450 13,300 135 1,240 320 2,510 1,250 7,660 2,500 13,520 140 1,280 330 2,570 1,300 7,910 Surface Area = Total Outside Surface Area of Container in Square Feet. When the Surface Area is not stamped on the name plate or when the marking is not legible, the area can be calculated by using one of the following formulas:

(1) Cylindrical container with hemispherical heads Area = overall length in feet times outside diameter in feet times 3.1416.

(2) Cylindrical container with other than hemispherical heads Area = (overall length in feet plus 0.3 outside diameter in feet) times outside diameter in feet times 3.1416.

(3) Spherical container Area = outside diameter in feet squared times 3.1416.

Flow Rate - CFM Air = cubic feet per minute of air required at standard conditions, 60°F and atmospheric pressure (14.7 psia).

The rate of discharge may be interpolated for intermediate values of surface area. For containers with total outside surface area greater than 2.500 sq. ft., the required flow rate can be calculated using the formula, Flow Rate CFM Air = 22.11 A 0.82 where A = outside surface area of the container in square feet.

APPENDIX B TFI-RMA SPECIFICATION FOR ANHYDROUS AMMONIA HOSE TFI-RMA

STANDARD NO. M-5

1. SCOPE

This specification covers hose and hose assemblies commonly referred to as “pressure transfer hose,” used to convey anhydrous ammonia liquid or to convey anhydrous ammonia gas where the gas is in contact with liquid ammonia. This specification primarily covers hose and hose assemblies which have a minimum burst pressure of 1750 psig, a safety factor of 5, and a maximum working pressure of 350 psig.

These figures should not be misconstrued to mean that they are the maximum pressures to which anhydrous ammonia hose and hose assemblies are built, since higher pressure hose and hose assemblies are available for special applications.

2. SIZES AND TOLERANCES

Anhydrous ammonia hose shall be made with the following dimensions and tolerances:

RUBBER COVERED HOSE FOR USE WITH TWO-PIECE SCREW TYPE COUPLINGS

I.D. Tolerance O.D. Tolerance ½” ± 1/32” 15/16” ± 1/32” 3/4” ± 1/32” 1 ¼” ± 1/32” 1” ± 1/16” 1 ½” ± 1/16”

NON-RUBBER COVERED AND RUBBER COVERED HOSE FOR USE WITH FULL FLOW

COUPLINGS

I.D. Tolerance O.D. Tolerance Nominal Tubing O.D. 13/32” + .039”, - .015” 49/64” ± .031” ½” ½ + .047”, - .015” 59/64” ± .031” 5/8” 5/8” + .047”, - .015” 1-5/64” ± .031” 3/4” 7/8” + .047”, - .015” 1-15/64” ± .031” 1” 1 1/8” + .062”. - .015” 1 ½” ± .047” 1 ¼” 1 3/8” + .062”, - .015” 1 3/4” ± .047” 1 ½” 1-13/16” + .062”, - .015” 2-7/32” ± .047” 2”

HOSE FOR USE WITH OTHER TYPES OF COUPLINGS*

I.D. Tolerance ½” ± 1/32” 3/4” ± 1/32” 1” ± 1/16” 1 ¼” ± 1/16” 1½” ± 1/16” 2” ± 1/16” * The O.D. dimension and tolerance were intentionally omitted from this tabulation to provide for developments in both hose and couplings.

3. CONSTRUCTION 3.1 Inner Tube The tube shall be uniform in quality and thickness and free from injurious defects. It shall meet the physical requirements of Section 4. The material shall be resistant to hardening or other deterioration due to the action of ammonia. 3.2 Reinforcement The reinforcement shall consist of any material not adversely affected by permeating ammonia. The reinforcement shall be applied evenly and uniformly, and in such a way that it will meet the physical requirements of Section 4. In constructions utilizing a ply or plies of wire reinforcement, the composition of the wire shall be a suitable corrosion resistant stainless steel. 3.3 Cover A rubber cover if used shall be uniform in quality and thickness and free from injurious defects. It shall meet the physical requirements of Section 4. The cover shall be so compounded or constructed that it will not blister in service, and will be resistant to deterioration due to the action of ammonia. A gas tight cover shall be pricked to relieve pressure build-up between inner tube and cover. The cover shall be resistant to deterioration due to exposure to the elements.

4. PHYSICAL TESTS 4.1 Tension Test of Tube and Cover Tube Cover Tensile, psi. min. 800 1200 Elongation, percent, min. 150 200 4.2 Adhesion Test Tube Ply Cover Adhesion lbs./in. 10 8 10 4.2.1 In constructions having braided wire or woven wire filler reinforcing members, only the cover adhesion requirement will apply, as it is impractical to prepare adhesion test specimens except for determining cover adhesion. 4.3 Burst Test All sizes have a minimum burst of 1750 psig. (See Scope). 4.4 Ammonia Performance Test During the conditioning and flexing described in Sections 7.4 and 7.4.2 there shall be no evidence of cover blistering or leakage. At the conclusion of the conditioning and at the conclusion of the flexing test, the burst must still meet the requirements of Section 4.3. There shall be no evidence of separation of the component parts when the remainder of the samples are examined. 4.5 Low Temperature Test The hose shall not fail at minus 40ºF plus or minus 2°, when tested as described in Section 7.5, of this Specification.

5. TYPES OF TESTS 5.1 Acceptance Inspection This includes all the tests specified, with the exception of the ammonia performance test. 5.2 Qualification Tests The qualification tests are intended to establish that the hose is properly designed and constructed to give satisfactory service life. These tests shall be conducted by a recognized independent laboratory. The qualification tests shall consist of all the tests specified herein including the ammonia performance test.

6. METHOD OF SAMPLING 6.1 Acceptance Inspection A 24-inch sample of each size and type hose, representative of the lot, shall be selected from each lot manufactured at one time, or from each 25,000 feet, whichever is smaller. 6.2 Qualification Test In addition to the samples specified in Section 6.1, two 12-foot lengths of each size hose shall be selected for the ammonia performance test. Each new hose shall be subjected to a qualification test, and again whenever there has been a design change.

7. METHODS OF TESTING 7.1 Tension Test of Tube and Rubber Cover The tension test shall be made in accordance with ASTM D-380. 7.2 Friction Test The friction test shall be made in accordance with ASTM D-380. 7.3 Burst Test The burst test shall be made in accordance with ASTM D-380 using the method entitled “Straight Bursting Test” 7.4 Ammonia Performance Test Two 12-foot lengths of hose, to be marked “A” and “B”, shall be filled with liquid anhydrous ammonia by connecting to a tank and flushing out with ammonia to remove all the air. One end of each length shall be sealed and the other end left connected to the liquid space of a tank of anhydrous ammonia. The hose shall then be conditioned for 14 days at ambient temperature of 60º to 100ºF. A valve between the ammonia tank and the hose may be closed providing it is opened at least once each day to completely fill the hose with liquid anhydrous ammonia. The hose shall be examined each day for visible defects. There shall be no evidence of the cover blistering or perceptible leakage. If the hose is valved off at each end when liquid full, a hydrostatic relief valve should be provided between the block valves. 7.4.1 Conditioned Hose Burst Test A 24-inch sample cut from hose marked “A” shall be subjected to a straight hydrostatic bursting test in accordance with Section 7.3. 7.4.2 Conditioned Hose Flexing Test 7.4.2.1 The 12-foot hose length marked “B” shall be installed in flexing test machine (Fig. 1). One end of the hose is to be connected to the traveling block and the free end passed around two pulleys with diameters as shown in Table 1. A 30-pound weight shall then be attached to the free end. 7.4.2.2 From the remainder of hose length marked “A”, (sizes 1 inch and under only), cut a section to length indicated in Table 1. Connect one end to the vertically traveling block as shown in Fig. 1 and connect the other end to the liquid space of a tank of anhydrous ammonia. Maintain the temperature of hose and ammonia between 70ºF and 90ºF. The test on the feeder hose does not apply to sizes over 1 inch. To conduct the flex test on the larger sizes any convenient hose may be used as a feeder hose. 7.4.2.3 The flexing test shall continue for 72 hours at a rate of approximately 470 cycles per hour with a 42-inch vertical movement of the traveling block. A valve between the ammonia tank and the hose may be closed providing it is opened at least once each day to pressurize the hose. The hose shall be examined each day for visible defect. There shall be no evidence of cover blistering or leakage. 7.4.2.4 At the conclusion of the flexing period, cut a 24-inch sample from hose “A” and from hose “B” and subject each sample to a straight burst test in accordance with Section 7.3. All samples shall have a minimum burst of 1750 psig.

TABLE 1

Hose Size Pulley Diameter Feeder Hose Length ½ 14” ± ¼” 36” 3/4” 14” ± ¼” 36” 1” 14” ± ¼” 36” 1 ¼” 15” ± ¼” 1 ½” 18” ± ¼” 2” 24” ± ¼” 7.5 Low Temperature Test A straight piece of hose at least 24 inches long, conditioned to minus 40ºF plus or minus 2ºF for 5 hours, and bent 180° within two seconds around a mandrel 12 times the nominal inside diameter of the hose, shall not break or show cracks in the tube or cover.

8. RETESTS AND REJECTIONS

Any hose which fails in one or more tests may be resampled and retested, for which purpose two additional samples shall be selected from the hose for the test that failed to meet the requirements.

Failure of either of the retested samples shall be cause for final rejection.

9. HOSE ASSEMBLIES

The couplings must be so designed and constructed that an assembly shall have sufficient strength that it will reach the minimum burst pressure, as required by Section 4.3, before the end fittings leak or come off when pressure is applied as specified in ASTM D-380 for Hydrostatic Tests. Fittings must be resistant to the action of anhydrous and aqueous ammonia and in no case may assemblies be supplied with copper alloy fittings.

10. MARKINGS

Hose shall be clearly marked at least once every five feet with manufacturer's name or trademark, “Anhydrous Ammonia,” the maximum working pressure in psig, year of manufacture, and “TFI-RMA Spec.,” for all hose manufactured after January 1, 1964. As indicated in the Scope, the maximum working pressure must not be less than 350 psig.

11. PACKAGING 11.1 Packing Unless otherwise specified, hose shall be packed in substantial commercial containers of the type, size and kind commonly used for the purpose, so constructed as to insure acceptance and safe delivery to common or other carriers, at the lowest rate, to the point of delivery specified on the order. 11.2 Identification Unless otherwise specified, shipping containers shall be marked with the size and quantity of hose therein, the name of the manufacturer and the number of the order. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/30/2008.

Entire rule eff. 12/30/2015.

Rules 1.3, 1.4.8, 1.4.18, 1.4.20, 2.6.1, 2.7.1, 3.1.2, 3.1.7, 6.4.1, 7.3.2, Section 8, 8.3.1, Section 9, 9.3.1, 11.3.4, 14.3 eff. 12/15/2020.

8 CCR 1202-6 Rules for Commercial Feed Under the Colorado Feed Law, Sections 35-60-101 Through 115, C.r.s. {#sec-8-ccr-1202-6 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-6}

DEPARTMENT OF AGRICULTURE

RULES FOR COMMERCIAL FEED UNDER THE COLORADO FEED LAW, SECTIONS 35-60-101

THROUGH 115, C.R.S.

8 CCR 1202-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Legal Authority Sections 35-60-102(2) and 35-60-109(1), C.R.S.

Part 2. Definitions and Terms 2.1. The Official Publication of the Association of American Feed Control Officials, Inc. shall mean the 2022 Official Publication of the Association of American Feed Control Officials, Inc. (“AAFCO”), effective January 1, 2023. This rule incorporates by reference the AAFCO standards and guidelines. A copy of the Official Publication of the Association of American Feed Control Officials, Inc. shall be kept on file at the Department of Agriculture, located at 305 Interlocken Parkway, Broomfield, Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication shall also be kept at the AAFCO Headquarters Office, located at 1800 S. Oak Street, Suite 100, Champaign, IL 61820- 6974 and is available online at https://www.aafco.org/Publications. This, and any other material that is incorporated by reference, may be examined at any state publications depository library. 2.2. These Rules incorporate the Official Feed Terms as published in the 2022 Official Publication of AAFCO, incorporated herein by reference (later amendments not included), except as the Commissioner designates otherwise in specific cases. 2.3. The following commodities are hereby declared exempt from the definition of commercial feed, under the provisions of Section 35-60-102(2), C.R.S., of the Colorado Feed Law, when unground and when not mixed or intermixed with other materials: raw meat, individual chemical compounds, hay, loose salt, straw, stover, silage, cobs, husks, and hulls; provided that these commodities are not adulterated within the meaning of Section 35-60-107, C.R.S., of the Colorado Feed Law. The exemption from the definition of commercial feed does not apply to an otherwise exempted commodity that bears a label listing nutritional claims or guarantees.

Part 3. Label Format 3.1. Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this Part on the principal display panel of the product and in the following format: 3.1.1. Product name and brand name, if any, as stipulated in Part 4.1.1. 3.1.2. If a drug is used, label as stipulated in Part 4.1.2. 3.1.3. Purpose Statement as stipulated in Part 4.1.3. 3.1.4. Guaranteed analysis as stipulated in Part 4.1.4. 3.1.5. Feed ingredients as stipulated in Part 4.1.5. 3.1.6. Directions for use and precautionary statements as stipulated in Part 4.1.6. 3.1.7. Name and principal mailing address of the manufacturer or person responsible for distributing the feed as stipulated Part 4.1.7. 3.1.8. Quantity Statement. 3.1.9. The date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date. 3.2. The information required in Parts 3.1.1 through 3.1.5, 3.1.7 and 3.1.8 must appear in its entirety on one side of the label or on one side of the container. 3.3. The information required by Part 3.1.6 shall be displayed in a prominent place on the label or container but not necessarily on the same side as the above information. When the information required by Part 3.1.6 is placed on a different side of the label or container, it must be referenced on the front side with a statement such as “See back of label for directions for use.” None of the information required by Part 3 shall be subordinated or obscured by other statements or designs. 3.4. Customer-formula feed shall be accompanied with the information prescribed in this Part using labels, invoice, delivery ticket, or other shipping document bearing the following information. 3.4.1. The name and address of the manufacturer. 3.4.2. The name and address of the purchaser. 3.4.3. The date of sale or delivery. 3.4.4. The customer-formula feed name and brand name if any. 3.4.5. The product name and net quantity of each registered commercial feed and each other ingredient used in the mixture. 3.4.6. The direction for use and precautionary statements as required by Parts 8 and 9. 3.4.7. If a drug containing product is used: 3.4.7.1. The purpose of the medication (claim statement). 3.4.7.2. The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Part 5.4.

Part 4. Label Information. 4.1. Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this section. 4.1.1. Product name and brand name if any. 4.1.1.1. The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A commercial feed for a particular animal class, must be suitable for that purpose. 4.1.1.2. Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to such a name. 4.1.1.3. The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name: Provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading. 4.1.1.4. The word “protein” shall not be permitted in the product name of a feed that contains added non-protein nitrogen. 4.1.1.5. When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word “protein”: Provided, that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer. 4.1.1.6. Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by AAFCO unless the Commissioner designates otherwise. 4.1.1.7. The word “vitamin”, or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in Part 5.3 . 4.1.1.8. The term “mineralized” shall not be used in the name of a feed except for “TRACE MINERALIZED SALT”. When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition. 4.1.1.9. The term “meat” and “meat by-products” shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep and goats. 4.1.2. If a drug is used: 4.1.2.1. The word “medicated” shall appear directly following and below the product name in type size, no smaller than one-half the type size of the product name. 4.1.2.2. Purpose statement as required in Part 4.1.3. 4.1.2.3. The purpose of medication (claim statement). 4.1.2.4. An active ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Part 5.4. 4.1.3. Purpose Statement 4.1.3.1. The statement of purpose shall contain the specific species and animal class(es) for which the feed is intended as defined in Part 4.1.4. 4.1.3.2. The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, species and purpose while being consistent with the category of animal class defined in Part 4.1.4 which may include, but is not limited to weight range(s), sex, or ages of the animal(s) for which the feed is manufactured. 4.1.3.3. The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended. 4.1.3.4. The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state “For Further Manufacture of Feed” if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix. [This section applicable to commercial feeds regulated under Part 4.1.4.10.2.10] 4.1.3.5. The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products or molasses products may exclude the animal class and species and state “For Further Manufacture of Feed” if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds. [This section applicable to commercial feeds regulated under Part 4.1.4.10.2.10.] 4.1.3.6. The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner. 4.1.4. Guarantees - Crude Protein, Equivalent Crude Protein from Non Protein Nitrogen, Amino Acids, Crude Fat, Crude Fiber, Acid Detergent Fiber, Neutral Detergent Fiber, Calcium, Phosphorus, Salt and Sodium shall be the sequence of nutritional guarantees when such guarantee is stated. Other required and voluntary guarantees should follow in a general format such that the units of measure used to express guarantees (percentage, parts per million, International Units, etc.) are listed in a sequence that provides a consistent grouping of the units of measure. All guarantees shall be stated on an “as is” basis. 4.1.4.1. Required guarantees for swine formula feeds 4.1.4.1.1. Animal Classes 4.1.4.1.1.1. Pre-Starter - 2 to 11 pounds 4.1.4.1.1.2. Starter -11 to 44 pounds 4.1.4.1.1.3. Grower - 44 to 110 pounds 4.1.4.1.1.4. Finisher -110 to 242 pounds (market) 4.1.4.1.1.5. Gilts, Sows and Adult Boars 4.1.4.1.1.6. Lactating Gilts and Sows 4.1.4.1.2. Guaranteed Analysis for Swine Complete Feeds and 4.1.4.1.2.1. Minimum percentage of Crude Protein 4.1.4.1.2.2. Minimum percentage of Lysine 4.1.4.1.2.3. Minimum percentage of Crude Fat 4.1.4.1.2.4. Maximum percentage of Crude Fiber 4.1.4.1.2.5. Minimum and maximum percentage of Calcium 4.1.4.1.2.6. Minimum percentage of Phosphorus 4.1.4.1.2.7. Minimum and maximum percentage of Salt (if added) 4.1.4.1.2.8. Minimum and maximum percentage of total Sodium shall 4.1.4.1.2.9. Minimum Selenium in parts per million (ppm) 4.1.4.2. Required guarantees for Formula Poultry Feeds (Broilers, Layers and Turkeys) 4.1.4.2.1. Animal Classes 4.1.4.2.1.1. Layer - Chickens that are grown to produce eggs for food, e.g., table eggs 4.1.4.2.1.1.1. Starting/Growing - From day of hatch to approximately 10 weeks of age. 4.1.4.2.1.1.2. Finisher - From approximately 10 weeks of age to time first egg is produced. (Approximately 20 weeks of age). 4.1.4.2.1.1.3. Laying - From time first egg is laid throughout the time of egg production. 4.1.4.2.1.1.4. Breeders - Chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs, from time first egg is laid throughout their productive cycle. 4.1.4.2.1.2. Broilers - Chickens that are grown for human food. 4.1.4.2.1.2.1. Starting/growing - From day of hatch to approximately 5 weeks of age. 4.1.4.2.1.2.2. Finisher - From approximately 5 weeks of age to market, (42 to 52 days). 4.1.4.2.1.2.3. Breeders - Hybrid strains of chickens whose offspring are grown for human food, (broilers), any age and either sex. 4.1.4.2.1.3. Broilers, Breeders - Chickens whose offspring are grown for human food (broilers). 4.1.4.2.1.3.1. Starting/Growing - From day of hatch until approximately 10 weeks of age. 4.1.4.2.1.3.2. Finishing - From approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age. 4.1.4.2.1.3.3. Laying - Fertile egg producing chickens (broilers/roasters) from day of first egg throughout the time fertile eggs are produced. 4.1.4.2.1.4. Turkeys 4.1.4.2.1.4.1. Starting/Growing - Turkeys that are grown for human food from day of hatch to approximately 13 weeks of age (females) and 16 weeks of age (males). 4.1.4.2.1.4.2. Finisher - Turkeys that are grown for human food, females from approximately 13 weeks of age to approximately 17 weeks of age; males from 16 weeks of age to 20 weeks of age, (or desired market weight). 4.1.4.2.1.4.3. Laying - Female turkeys that are producing eggs; from time first egg is produced, throughout the time they are producing eggs. 4.1.4.2.1.4.4. Breeder - Turkeys that are grown to produce fertile eggs, from day of hatch to time first egg is produced (approximately 30 weeks of age), both sexes. 4.1.4.2.2. Guaranteed Analysis for Poultry Complete Feeds and 4.1.4.2.2.1. Minimum percentage of Crude Protein 4.1.4.2.2.2. Minimum percentage of Lysine 4.1.4.2.2.3. Minimum percentage of Methionine 4.1.4.2.2.4. Minimum percentage of Crude Fat 4.1.4.2.2.5. Maximum percentage of Crude Fiber 4.1.4.2.2.6. Minimum and maximum percentage of Calcium 4.1.4.2.2.7. Minimum percentage of Phosphorus 4.1.4.2.2.8. Minimum and maximum percentage of Salt (if added) 4.1.4.2.2.9. Minimum and maximum percentage of total Sodium shall 4.1.4.3. Required Guarantees for Beef Cattle Formula Feeds 4.1.4.3.1. Animal Classes 4.1.4.3.1.1. Calves (birth to weaning) 4.1.4.3.1.2. Cattle on Pasture (may be specific as to production stage; e.g. stocker, feeder, replacement heifers, brood cows, bulls, etc.) 4.1.4.3.1.3. Feedlot Cattle 4.1.4.3.2. Guaranteed analysis for Beef Complete Feeds and Supplements (all animal classes) 4.1.4.3.2.1. Minimum percentage of Crude Protein 4.1.4.3.2.2. Maximum percentage of equivalent crude protein from 4.1.4.3.2.3. Minimum percentage of Crude Fat 4.1.4.3.2.4. Maximum percentage of Crude Fiber 4.1.4.3.2.5. Minimum and maximum percentage of Calcium 4.1.4.3.2.6. Minimum percentage of Phosphorus 4.1.4.3.2.7. Minimum and maximum percentage of Salt (if added) 4.1.4.3.2.8. Minimum and maximum percentage of total Sodium shall 4.1.4.3.2.9. Minimum percentage of Potassium 4.1.4.3.2.10. Minimum Vitamin A, other than precursors of Vitamin A, 4.1.4.3.3. Guaranteed analysis for Beef Mineral Feeds (if added) 4.1.4.3.3.1. Minimum and maximum percentage Calcium 4.1.4.3.3.2. Minimum percentage of Phosphorus 4.1.4.3.3.3. Minimum and maximum percentage of Salt 4.1.4.3.3.4. Minimum and maximum percentage of total Sodium shall 4.1.4.3.3.5. Minimum percentage of Magnesium 4.1.4.3.3.6. Minimum percentage of Potassium 4.1.4.3.3.7. Minimum Copper in parts per million (ppm) 4.1.4.3.3.8. Minimum Selenium in parts per million (ppm) 4.1.4.3.3.9. Minimum Zinc in parts per million (ppm) 4.1.4.3.3.10. Minimum Vitamin A, other than precursors of Vitamin A, in International Units per pound 4.1.4.4. Required Guarantees for Dairy Formula Feeds 4.1.4.4.1. Animal Classes 4.1.4.4.1.1. Veal Milk Replacer - Milk Replacer to be fed for veal production. 4.1.4.4.1.2. Herd Milk Replacer - Milk Replacer to be fed for herd replacement calves. 4.1.4.4.1.3. Starter - Approximately 3 days to 3 months. 4.1.4.4.1.4. Growing Heifers, Bulls and Dairy Beef 4.1.4.4.1.4.1. Grower 1 -3 months to 12 months of age 4.1.4.4.1.4.2 Grower 2 - More than 12 months of age 4.1.4.4.1.5. Lactating Dairy Cattle 4.1.4.4.1.6. Non-Lactating Dairy Cattle 4.1.4.4.2. Guaranteed Analysis for Veal and Herd Replacement Milk Replacer 4.1.4.4.2.1. Minimum percentage Crude Protein 4.1.4.4.2.2. Minimum percentage Crude Fat 4.1.4.4.2.3. Maximum percentage of Crude Fiber 4.1.4.4.2.4. Minimum and maximum percentage Calcium 4.1.4.4.2.5. Minimum percentage of Phosphorus 4.1.4.4.2.6. Minimum Vitamin A, other than precursors of Vitamin A, 4.1.4.4.3. Guaranteed Analysis for Dairy Cattle Complete Feeds and Supplements 4.1.4.4.3.1. Minimum percentage of Crude Protein 4.1.4.4.3.2. Maximum percentage of Equivalent Crude Protein from 4.1.4.4.3.3. Minimum percentage of Crude Fat 4.1.4.4.3.4. Maximum percentage of Crude Fiber 4.1.4.4.3.5. Maximum percentage of Acid Detergent Fiber (ADF) 4.1.4.4.3.6. Minimum and maximum percentage of Calcium 4.1.4.4.3.7. Minimum percentage of Phosphorus 4.1.4.4.3.8. Minimum Selenium in parts per million (ppm) 4.1.4.4.3.9. Minimum Vitamin A, other than precursors of Vitamin A, 4.1.4.4.4. Required Guaranteed Analysis for Dairy Mixing and Pasture Mineral 4.1.4.4.4.1. Minimum and maximum percentage of Calcium 4.1.4.4.4.2. Minimum percentage of Phosphorus 4.1.4.4.4.3. Minimum and maximum percentage of Salt 4.1.4.4.4.4. Minimum and maximum percentage of total Sodium shall 4.1.4.4.4.5. Minimum percentage of Magnesium 4.1.4.4.4.6. Minimum percentage of Potassium 4.1.4.4.4.7. Minimum Selenium in parts per million (ppm) 4.1.4.4.4.8. Minimum Vitamin A, other than the precursors of Vitamin A, in International Units per pound 4.1.4.5. Required Guarantees for Equine Formula Feeds 4.1.4.5.1. Animal Classes 4.1.4.5.1.1. Foal 4.1.4.5.1.2. Mare 4.1.4.5.1.3. Breeding 4.1.4.5.1.4. Maintenance 4.1.4.5.2. Guaranteed Analysis for Equine Complete Feeds and 4.1.4.5.2.1. Minimum percentage of Crude Protein 4.1.4.5.2.2. Minimum percentage of Crude Fat 4.1.4.5.2.3. Maximum percentage of Crude Fiber 4.1.4.5.2.4. Maximum percentage of Acid Detergent Fiber (ADF) 4.1.4.5.2.5. Maximum percentage of Neutral Detergent Fiber (NDF) 4.1.4.5.2.6. Minimum and maximum percentage of Calcium 4.1.4.5.2.7. Minimum percentage of Phosphorus 4.1.4.5.2.8. Minimum Copper in parts per million (ppm) 4.1.4.5.2.9. Minimum Selenium in parts per million (ppm) 4.1.4.5.2.10. Minimum Zinc in parts per million (ppm) 4.1.4.5.2.11. Minimum Vitamin A, other than the precursors of Vitamin A, in International Units per pound (if added) 4.1.4.5.3. Guaranteed Analysis for Equine Mineral Feeds (all animal classes) 4.1.4.5.3.1. Minimum and maximum percentage of Calcium 4.1.4.5.3.2. Minimum percentage of Phosphorus 4.1.4.5.3.3. Minimum and maximum percentage of Salt (if added) 4.1.4.5.3.4. Minimum and maximum percentage of Sodium shall be guaranteed only when the total Sodium exceeds that furnished by the maximum Salt guarantee 4.1.4.5.3.5. Minimum Copper in parts per million (ppm) 4.1.4.5.3.6. Minimum Selenium in parts per million (ppm) 4.1.4.5.3.7. Minimum Zinc in parts per million (ppm) 4.1.4.5.3.8. Minimum Vitamin A, other than precursors of Vitamin A, 4.1.4.6. Required Guarantees for Goat and Sheep Formula Feeds 4.1.4.6.1. Animal Classes 4.1.4.6.1.1. Starter 4.1.4.6.1.2. Grower 4.1.4.6.1.3. Finisher 4.1.4.6.1.4. Breeder 4.1.4.6.1.5. Lactating 4.1.4.6.2. Guaranteed Analysis for Goat and Sheep Complete Feeds and 4.1.4.6.2.1. Minimum percentage of Crude Protein 4.1.4.6.2.2. Maximum percentage of equivalent crude protein from 4.1.4.6.2.3. Minimum percentage of Crude Fat 4.1.4.6.2.4. Maximum percentage of Crude Fiber 4.1.4.6.2.5. Minimum and maximum percentage of Calcium 4.1.4.6.2.6. Minimum percentage of Phosphorus 4.1.4.6.2.7. Minimum and maximum percentage of Salt (if added) 4.1.4.6.2.8. Minimum and maximum percentage of total Sodium shall 4.1.4.6.2.9. Minimum and maximum Copper in parts per million (ppm) (if added, or if total copper exceeds 20 ppm) 4.1.4.6.2.10. Minimum Selenium in parts per million (ppm) 4.1.4.6.2.11. Minimum Vitamin A, other than precursors of Vitamin A, 4.1.4.7. Required Guarantees for Duck and Geese Formula Feeds 4.1.4.7.1. Animal Classes 4.1.4.7.1.1. Ducks 4.1.4.7.1.1.1. Starter - 0 to 3 weeks of age 4.1.4.7.1.1.2. Grower - 3 to 6 weeks of age 4.1.4.7.1.1.3. Finisher - 6 weeks to market 4.1.4.7.1.1.4. Breeder Developer - 8 to 19 weeks of age 4.1.4.7.1.1.5. Breeder - 22 weeks to end of lay 4.1.4.7.1.2. Geese 4.1.4.7.1.2.1. Starter - 0 to 4 weeks of age 4.1.4.7.1.2.2. Grower - 4 to 8 weeks of age 4.1.4.7.1.2.3. Finisher - 8 weeks to market 4.1.4.7.1.2.4. Breeder Developer -10 to 22 weeks of age 4.1.4.7.1.2.5. Breeder - 22 weeks to end of lay 4.1.4.7.2. Guaranteed Analysis for Duck and Geese Complete Feeds and Supplements (for all animal classes) 4.1.4.7.2.1. Minimum percentage of Crude Protein 4.1.4.7.2.2. Minimum percentage of Crude Fat 4.1.4.7.2.3. Maximum percentage of Crude Fiber 4.1.4.7.2.4. Minimum and maximum percentage of Calcium 4.1.4.7.2.5. Minimum percentage of Phosphorus 4.1.4.7.2.6. Minimum and maximum percentage of Salt (if added) 4.1.4.7.2.7. Minimum and maximum percentage of total Sodium shall 4.1.4.8. Required Guarantees for Fish Complete Feeds and Supplements 4.1.4.8.1. Animal Species shall be declared in lieu of animal class 4.1.4.8.1.1. Trout 4.1.4.8.1.2. Catfish 4.1.4.8.1.3. Species other than trout or catfish 4.1.4.8.2. Guaranteed analysis for all Fish Complete Feeds and Supplements 4.1.4.8.2.1. Minimum percentage of Crude Protein 4.1.4.8.2.2. Minimum percentage of Crude Fat 4.1.4.8.2.3. Maximum percentage of Crude Fiber 4.1.4.8.2.4. Minimum percentage of Phosphorus 4.1.4.9. Required Guarantees for Rabbit Complete Feeds and Supplements 4.1.4.9.1. Animal Classes 4.1.4.9.1.1. Grower - 4 to 12 weeks of age 4.1.4.9.1.2. Breeder -12 weeks of age and over 4.1.4.9.2. Guaranteed analysis for Rabbit Complete Feeds and 4.1.4.9.2.1. Minimum percentage of Crude Protein 4.1.4.9.2.2. Minimum percentage of Crude Fat 4.1.4.9.2.3. Minimum and maximum percentage of Crude Fiber (the maximum crude fiber shall not exceed the minimum by more than 5.0 units) 4.1.4.9.2.4. Minimum and maximum percentage of Calcium 4.1.4.9.2.5. Minimum percentage of Phosphorus 4.1.4.9.2.6. Minimum and maximum percentage of Salt (if added) 4.1.4.9.2.7. Minimum and maximum percentage of total Sodium shall 4.1.4.9.2.8. Minimum Vitamin A, other than precursors of Vitamin A, 4.1.4.10. The required guarantees of grain mixtures with or without molasses and feeds other than those described in Part 4.1.4.1 through 4.1.4.9 shall include the following items, unless exempted in Part 9, in the order listed: 4.1.4.10.1. Animal class(es) and species for which the product is intended. 4.1.4.10.2. Guaranteed analysis 4.1.4.10.2.1. Minimum percentage Crude Protein 4.1.4.10.2.2. Maximum or minimum percentage of equivalent Crude Protein from Non-Protein Nitrogen as required in Section 5.5. 4.1.4.10.2.3. Minimum percentage of Crude Fat 4.1.4.10.2.4. Maximum percentage of Crude Fiber 4.1.4.10.2.5. Minerals in formula feeds, to include in the following order: 4.1.4.10.2.5.1. Minimum and maximum percentages of Calcium 4.1.4.10.2.5.2. Minimum percentage of Phosphorus 4.1.4.10.2.5.3. Minimum and maximum percentage of Salt (if added) 4.1.4.10.2.5.4. Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum Salt guarantee 4.1.4.10.2.5.5. Other Minerals 4.1.4.10.2.6. Minerals in feed ingredients - as specified by the Official Definitions of Feed Ingredients published in the 2022 Official Publication of AAFCO. 4.1.4.10.2.7. Vitamins in such terms as specified in Part 5.3. 4.1.4.10.2.8. Total sugars as invert on dried molasses products or products being sold primarily for their sugar content 4.1.4.10.2.9. Viable lactic acid producing microorganisms for use in silage in terms specified in Part 5.7. 4.1.4.10.2.10. A commercial feed (e.g. vitamin/mineral premix, base mix, etc.) intended to provide a specialized nutritional source for use in the manufacture of other feeds, must state its intended

purpose and guarantee those nutrients relevant to such stated

purpose. 4.1.4.11. Exemptions 4.1.4.11.1. A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers, is not required when: 4.1.4.11.1.1. The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or 4.1.4.11.1.2. The feed or feed ingredient is intended for non-food producing animals and contains less than 6.5% total mineral. 4.1.4.11.2. Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement. 4.1.4.11.3. Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses. 4.1.4.11.4. Guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary

purpose of the product, and no specific label claims are made. 4.1.4.11.5. The indication for animal class(es) and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class(es) or species. 4.1.4.11.6. In lieu of a guaranteed analysis statement, wild bird feed labels may substitute a composition statement that lists the percentage of each ingredient. Composition statement values are allowed a variance from the actual value up to 5%. 4.1.5. Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of Section 35-60-106(1)(e), C.R.S. of the Colorado Feed Law. 4.1.5.1. The name of each ingredient listed in descending order of predominance by weight and as defined in the Official Definitions of Feed Ingredients published in the Official Publication of AAFCO, common or usual name, or one approved by the Commissioner. 4.1.5.2. Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publication of AAFCO, in lieu of the individual ingredients; provided that: 4.1.5.2.1. When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label. 4.1.5.2.2. The manufacturer shall provide the feed control official, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state. 4.1.6. Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by Parts 8 and 9 appear elsewhere on the label. 4.1.7. Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state, zip code. However, the street address may be omitted if it is shown in the current city directory or telephone directory. 4.1.8. Quantity Statement. 4.1.8.1 Net quantity shall be declared in terms of weight, liquid measure or count. 4.1.8.2. Net quantity labeled in terms of weight shall be expressed both in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound and in appropriate SI metric system units; or in the case of liquid measure, both in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or whole quart and in the appropriate SI metric system units. 4.1.8.3. When the declaration of quantity of contents by count does not give the adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

Part 5. Expression of Guarantees 5.1. The guarantees for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and acid detergent fiber shall be in terms of percentage. 5.2. Mineral Guarantees 5.2.1. When the calcium, Salt, and sodium guarantees are given in the guaranteed analysis such shall be stated and conform to the following: 5.2.1.1. When the minimum is below 2.5%, the maximum shall not exceed the minimum by more than 0.5 percentage point. 5.2.1.2. When the minimum is 2.5% but less than 5.0%, the maximum shall not exceed the minimum by more than one percentage point. 5.2.1.3. When the minimum is above 5.0% or greater the maximum shall not exceed the minimum by more than 20% of the minimum and in no case shall the maximum exceed the minimum by more than five percentage points. 5.2.2. When stated, guarantees for minimum and maximum total sodium and Salt: minimum potassium, magnesium, sulfur, phosphorus and maximum fluoride shall be in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1%) or greater. 5.2.3. Products labeled with a quantity statement (e.g., tablets, capsules, granules, or liquid) may state mineral guarantees in milligrams (mg) per unit (e.g., tablets, capsules, granules, or liquids) consistent with the quantity statement and directions for use. 5.3. Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified and are stated in mg/lb or in units consistent with those employed for the quantity statement unless otherwise specified: 5.3.1. Vitamin A, other than precursors of vitamin A, in International Units per pound. 5.3.2. Vitamin D-3 in products offered for poultry feeding, in International Chick Units per pound. 5.3.3. Vitamin D for other uses, International Units per pound. 5.3.4. Vitamin E, in International Units per pound. 5.3.5. Concentrated oils and feed additive premixes containing vitamins A, D and/or E may, at the option of the distributor be stated in units per gram instead of units per pound. 5.3.6. Vitamin B-12, in milligrams or micrograms per pound. 5.3.7. All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: menadione; riboflavin; d-pantothenic acid; thiamine; niacin; vitamin B-6; folic acid; choline; biotin; inositol; p-amino benzoic acid; ascorbic acid; and carotene. 5.4. Guarantees for drugs shall be stated in terms of percent by weight, except: 5.4.1. Antibiotics, present at less than 2,000 grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed. 5.4.2. Antibiotics present at 2,000 or more grams per ton (total) of commercial feed shall be stated in grams per pound of commercial feed. 5.4.3. Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in Part 558 of the Code of Federal Regulations, Title 21, 2000, incorporated herein by reference (later amendments not included), for certain antibiotics, wherein quantitative, guarantees are required regardless of the level or purpose of the antibiotic. 5.4.4. The term “milligrams per pound” may be used for drugs or antibiotics in those cases where a dosage is given in “milligrams” in the feeding directions. 5.5. Commercial feeds containing any added non-protein nitrogen shall be labeled as follows: 5.5.1. For ruminants 5.5.1.1. Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than 5% protein from natural sources shall be guaranteed as follows:

Crude Protein, minimum, _____ % (This includes not more than ____ % equivalent crude protein from non-protein nitrogen). 5.5.1.2. Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows:

Equivalent Crude Protein from Non-Protein Nitrogen, minimum, _____ % 5.5.1.3. Ingredient sources of non-protein nitrogen such as Urea, Diammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined and published in the Official Publication of AAFCO Inc. (later amendments not included) shall be guaranteed as follows:

Nitrogen, minimum, ____ % Equivalent Crude Protein from Non-Protein Nitrogen, minimum, ___ % 5.5.2. For non-ruminants 5.5.2.1. Complete feeds, supplements and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:

Crude protein, minimum ____ % (This includes not more than ____ % equivalent crude protein, which is not nutritionally available to species of animal for which feed is intended). 5.5.2.2. Premixes, concentrates or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement:

WARNING: This feed must be used only in accordance with directions furnished on the label. 5.6. Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine. 5.7. Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance. 5.8. Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./milligram. If two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided. 5.9. Guarantees for minimum percentage of total sugars, as invert shall be included for products being sold for their molasses content or products containing more than 16% sugars. 5.10. Guarantees for maximum percentage of moisture shall be included for liquid feed supplements and liquid ingredients containing more than 20% moisture. 5.11. Wild bird seed composition statement values are allowed a variance from the actual value up to 5%. 5.12. Guarantees for dietary starches, sugars, and fructans for Commercial Feeds, other than customer-formula feed, Pet Food, and Specialty Pet Food Products: 5.12.1. A commercial feed which bears on its labeling a claim in any manner for levels of “dietary starch,” “sugars,” “fructans,” or words of similar designation, shall include on the label: 5.12.1.1. Guarantees for maximum percentage of dietary starch and maximum percentage of sugars, in the Guaranteed Analysis section immediately following the last fiber guarantee. 5.12.1.2. A maximum percentage guarantee for fructans immediately following the sugars, if the feed contains forage products. 5.12.2. When such guarantees for dietary starch, sugars, or fructans for commercial feeds appear on the label, feeding directions shall indicate the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

Part 6. Suitability 6.1. A commercial feed, other than a customer-formula feed, shall be nutritionally suitable for its intended purpose as represented by its labeling. 6.2. If the Commissioner has reasonable cause to believe a feed is not nutritionally suitable, then the Commissioner may request the feed manufacturer to either submit an “Affidavit of Suitability” or an alternate procedure acceptable to the Commissioner, certifying the nutritional adequacy of the feed. The Affidavit of Suitability or alternate procedure of suitability shall serve as substantiation of the suitability of the feed. 6.3. If an Affidavit of Suitability, or alternative procedure acceptable to the Commissioner is not submitted by the feed manufacturer within 30 days of written notification, the Commissioner may deem the feed adulterated under Section 35-60-107(2)(m), C.R.S., and order the feed removed from the marketplace. 6.4. The Affidavit of Suitability shall contain the following information: 6.4.1. The feed company's name; 6.4.2. The feed's product name; 6.4.3. The name and title of the affiant submitting the document; 6.4.4. A statement that the affiant has knowledge of the nutritional content of the feed and based on valid scientific evidence the feed is nutritionally adequate for its intended

purpose; 6.4.5. The date of submission; and 6.4.6. The signature of the affiant notarized by a certified Notary Public.

Part 7. Ingredients 7.1. The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as defined in the Official Definitions of Feed Ingredients published in the 2022 Official Publication of AAFCO, the common or usual name, or one approved by the Commissioner. 7.2. The name of each ingredient must be shown in letters or type of the same size. 7.3. No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed. 7.4. The term “dehydrated” may precede the name of any product that has been artificially dried. 7.5. A single ingredient product as defined in the Official Definitions of Feed Ingredients published in the 2022 Official Publication of AAFCO is not required to have an ingredient statement. 7.6. Tentative definitions as published in the Official Definitions of Feed Ingredients published in the 2022 Official Publication of AAFCO for ingredients shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition, (i.e. sugar). 7.7. When the word “iodized” is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.

Part 8. Directions for Use and Precautionary Statements 8.1. Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds including those containing additives shall: 8.1.1. Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and, 8.1.2. Include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug and Cosmetic Act. 8.2. Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in Part 9. 8.3. Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

Part 9. Non-Protein Nitrogen 9.1. Urea and other non-protein nitrogen products defined in the Official Definitions of Feed Ingredients published in the 2022 Official Publication of AAFCO are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: “CAUTION: USE AS DIRECTED.” The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use. 9.2. Non-protein nitrogen defined in the Official Definitions of Feed Ingredients published in the 2022 Official Publication of AAFCO when so indicated, are acceptable ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein.

The maximum equivalent crude protein from non-protein nitrogen sources when used in nonruminant rations shall not exceed 1.25% of the total daily ration. 9.3. On labels such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added non-protein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen.

Part 10. Drug and Feed Additives 10.1. Prior to approval of a registration application and/or approval of a label for commercial feed which contains additives (including drugs, other special purpose additives, or non-nutritive additives) the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label. 10.2. Satisfactory evidence of safety and efficacy of a commercial feed may be: 10.2.1. When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are “prior sanctioned” or “informal review sanctioned” or “generally recognized as safe” for such use, or 10.2.2. When the commercial feed is itself a drug as defined in Section 35-60-102(8) of the Colorado Feed Law and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under Title 21 U.S.C. 360 b, or 10.2.3. When one of the purposes for feeding a commercial feed is to impart immunity (that is to act through some immunological process) the constituents imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended, or 10.2.4. When the commercial feed is a direct fed microbial product and: 10.2.4.1. The product meets the particular fermentation product definition; and 10.2.4.2. The microbial content statement, as expressed in the labeling, is limited to the following: “Contains a source of live (viable) naturally occurring microorganisms.” This statement shall appear on the label; and 10.2.4.3. The source is stated with a corresponding guarantee expressed in accordance with Part 5.7. 10.2.5. When the commercial feed is an enzyme product and: 10.2.5.1. The product meets the particular enzyme definition as defined in the Official Definitions of Feed Ingredients published in the 2022 Official Publication of AAFCO, and 10.2.5.2. The enzyme is stated with a corresponding guarantee expressed in accordance with Part 5.8.

Part 11. Adulterants 11.1. For the purpose of Section 35-60-107(2)(a), C.R.S., of the Colorado Feed Law, the terms “poisonous or deleterious substances” include but are not limited to the following: 11.1.1. Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20% for breeding and dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60% for poultry. 11.1.2. Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for swine and 0.03% for poultry. 11.1.3. Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep or goats consuming roughage (with or without) limited amounts of grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight. 11.1.4. Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinated solvents. 11.1.5. Sulfur dioxide, Sulfurous acid, and salts of Sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1(Thiamine). 11.1.6. Aflatoxin B1, B2, G1, G2 above 20 parts per billion (ppb) individually or total when in feed destined for dairy animals or an unknown use, over 20 ppb for feed and ingredients (excluding cottonseed meal) for immature animals, over 100 ppb for corn and peanut products for breeding cattle, breeding swine, and mature poultry, over 200 ppb for corn and peanut products for finishing swine over 100 pounds, over 300 ppb for corn and peanut products finishing beef cattle, and over 300 ppb for cottonseed meal for beef cattle, swine or poultry. 11.1.7. Fumonisin above 5 parts per million (ppm) except that with proper labeling as approved by the Commissioner less than 15 ppm may be distributed when destined for finishing swine (more than 100 lbs. body weight); less than 50 ppm may be distributed for feedlot cattle. 11.2. All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no viable prohibited weed seeds and not more than 1 viable restricted weed seeds per pound.

For the purposes of this provision, prohibited weed seed and restricted weed seeds shall be those as established by the Commissioner under the Colorado Seed Act (Section 35-27-103 (16), C.R.S.) and in the Rules adopted thereunder.

Part 12. Good Manufacturing Practices 12.1. For the purposes of enforcement of Section 35-60-107(2)(n), C.R.S., of the Colorado Feed Law the Commissioner adopts and incorporates by reference the following as current good manufacturing practices: 12.1.1. The Regulations prescribing good manufacturing practices for Type B and Type C medicated feeds as published in the Code of Federal Regulations, Title 21, Part 225, Sections 225.1-225.202, (2000) (later amendments not included). 12.1.2. The Regulations prescribing good manufacturing practices for Type A Medicated Articles as published in the Code of Federal Regulations Title 21, Part 226, Sections 226.1- 226.115, (2000) (later amendments not included).

Part 13. Material Incorporated by Reference These rules herein incorporate the Official Publication of the Association of American Feed Control Officials, Inc (“AAFCO”), effective January 1, 2023. This rule incorporates by reference the AAFCO standards and guidelines. This rule does not adopt any later amendments to, or editions of, the AAFCO standards and guidelines. A copy of the Official Publication of the Association of American Feed Control Officials, Inc. shall be kept on file at the Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication shall also be kept at the AAFCO Headquarters Office, located at 1800 S. Oak Street, Suite 100, Champaign, IL 61820-6974 and is available online at: https://www.aafco.org/Publications This, and any other material that is incorporated by reference, may be examined at any state publications depository library.

Part 14. False or Incomplete Information All information required by the Commissioner from any person in connection with any application for a registration, report, or record required under the Colorado Feed Law must be accurate and complete.

Failure to provide accurate and complete information in connection with any such document, including but not limited to providing all documentation required to establish an individual applicant’s lawful presence in the United States pursuant to Section 24-76.5-103, C.R.S., shall be grounds for denial of an application for registration or for renewal thereof, or revocation or suspension of an existing registration.

Part 15. Commercial Feed Registration No person shall manufacture commercial feed within the state or allow his or her name to appear on the label of a commercial feed as guarantor, without first registering with the Department as required by Sections 35-60-103 and 35-60-104, C.R.S. Such registration shall expire on January 31st and may be renewed annually.

Part 16. Distribution Fees-Reports 16.1. A distributor who is subject to a tonnage distribution fee required by Section 35-60-105(1), C.R.S. shall file with the Commissioner, no later than January 31st each year, a statement that sets forth the number of net tons of commercial feeds distributed in the state. 16.2. A distributor who is subject to the distribution fee for small packages of ten pounds or less shall file with the Commissioner, no later than January 31st each year, a list of all small package products of ten pounds or less that are distributed in this state. 16.3. A distributor who is subject to a tonnage distribution fee required by Section 35-60-105(1), C.R.S., and the distribution fee for small packages of ten pounds or less shall comply with both Parts 16.1 and 16.2 of these Rules.

Part 17. Statements of Basis, Specific Statutory Authority and Purpose 17.1. Adopted April 10, 2001 – Effective May 30, 2001 STATUTORY AUTHORITY:

The Commissioner of Agriculture, Colorado Department of Agriculture, adopts these permanent rules pursuant to the provisions and requirements of the Colorado Commercial Feed Law, § 35-60- 109(1), C.R.S. (2000).

PURPOSE:

The purpose of these rules is to comply with the requirements of the Colorado Commercial Feed to provide specific guidelines for the manufacture, labeling and distribution of commercial feed.

These rules are designed to:

• Set standards for the correct labeling of livestock and pet food.

• Set standards for good manufacturing practices for medicated livestock feed.

FACTUAL AND POLICY ISSUES:

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. The Colorado Commercial Feed Law was repealed and reenacted effective January 1, 2000.

That statute requires the Commissioner to adopt the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials, Inc.

(AAFCO), as published in the official publication of such association.

2. These new, revised rules are based upon national standard (model) regulations developed by AAFCO, a nation-wide group of regulatory officials. They are specifically for the purpose of promoting standardization between states for the animal feed industry.

3. Over 30% of the states have adopted the AAFCO model regulations. These rules are widely accepted by Colorado and national feed companies. Adoption of these rules would help to ensure uniform labeling requirements.

4. The Department met with the Colorado Grain and Feed Association’s (CFGA) Feed Committee throughout the rule drafting process. The CGFA supports these new rules and regulations.

5. Two sets of rules are needed, one for livestock feed, the other for pet food. Livestock feed rules are specific to matters regarding production, animal growth and weight gain, and use of medications in feed. Pet food rules employ separate criteria for complete and balanced nutrition and provide regulatory guidance for advertising and claims frequently found on pet food labels. 17.2. Emergency Rule Adopted October 19, 2006 – Effective October 19, 2006 These emergency amendments to the Rules Pertaining to the Administration and Enforcement of the Colorado Commercial Feed Law, §§ 35-60-101 - 115, C.R.S., are proposed for adoption by the Commissioner pursuant to his authority in Section 35-60-109(1), C.R.S.

The purposes of these emergency amendments to the rules are as follows:

(a) To specify in rule that all information required or requested by the Commissioner, including lawful presence documentation required under Section 24-76.5-103, C.R.S., must be complete and accurate, and to specify the legal consequences of noncompliance with this rule.

(b) To document and record the statements of statutory authority, basis and purpose for these rules.

(a) On August 1, 2006, Section 24-76.5-103, C.R.S., took effect following its enactment in House Bill 06S-1023 by the General Assembly in the July, 2006, special legislative session.

(b) Currently, neither the Commercial Feed Law nor its associated rules specify that individuals who apply for registrations must comply with the verification documentation requirements of Section 24-76.5-103, C.R.S.

(c) These emergency rules are necessary to provide the Commissioner with specific legal authority to deny applications for registration or renewal of existing registrations from natural persons who do not provide sufficient documentation to comply with Section 24-76.5-103, C.R.S., and to revoke existing registrations if the information provided in connection with an application is later proven to be false.

(d) These emergency rules are necessary to fulfill the purposes described above prior to the adoption of permanent rules to that effect. 17.3. Adopted November 13, 2006 – Effective January 1, 2007 These permanent amendments to the Rules Pertaining to the Administration and Enforcement of the Colorado Commercial Feed Law, §§ 35-60-101 - 115, C.R.S., are proposed for adoption by the Commissioner pursuant to his authority in Section 35-60-109(1), C.R.S.

The purposes of these permanent amendments are as follows:

(a) To specify in a permanent rule that all information required or requested by the Commissioner, including lawful presence documentation required under Section 24-76.5-103, C.R.S., must be complete and accurate, and to specify the legal consequences of noncompliance with this rule.

(b) To document and record the statements of statutory authority, basis and purpose for these rules.

(a) On August 1, 2006, Section 24-76.5-103, C.R.S., took effect following its enactment in House Bill 06S-1023 by the General Assembly in the July, 2006, special legislative session.

(b) On October 19, 2006, the Commissioner adopted emergency rules specifying that individuals who apply for registrations under the Commercial Feed Law must comply with the verification documentation requirements of Section 24-76.5-103, C.R.S.

(c) These permanent amendments to the rules are necessary to provide the Commissioner with specific legal authority, following the expiration of the emergency rules adopted on October 19, 2006, to deny applications for registration or renewal of existing registrations from natural persons who do not provide sufficient documentation to comply with Section 24-76.5-103, C.R.S., and to revoke existing registrations if the information provided in connection with an application is later proven to be false.

(d) These permanent amendments to the rules are necessary to make permanent the provisions of the emergency rules adopted by the Commissioner on October 2, 2006. 17.4. Adopted November 1, 2007 – Effective December 30, 2007 These amendments are proposed for adoption by the Commissioner pursuant to his authority in section 35-60-109(1), C.R.S.

The purposes of these amendments are as follows:

(a) To amend the name of the Act used in the Rules to correspond with the new name adopted under Senate Bill 07-207.

(b) Remove the definition of “contract feeder.”

(c) To clarify the reporting requirements associated with the respective distribution fees.

(d) To specify the due date of the distribution fees and report.

(e) To specify the expiration date of a commercial feed registration.

(f) To amend the listing of guarantees from an “as fed” basis to an “as is” basis.

(g) Update the references to the official publications of the Association of American Feed Control Officials (AAFCO) incorporated by reference to the 2007 version.

(h) To correct typographical errors.

(a) On May 22, 2007, the Colorado Commercial Feed Law was amended by Senate Bill 07-207. The title of the law was amended to the Colorado Feed Law.

(b) The registration expiration date and the filing date for distribution fees and reports were removed from the Colorado Feed Law. The rules maintain the existing date for the submission of distribution reports and fees, and establish a new expiration date for feed registration to coincide with the distribution due date. This change will allow industry to file both reports at one time.

(c) A new definition for “contract feeder” was adopted in the Colorado Feed Law which supersedes the current rule definition.

(d) The current rules require the guaranteed analysis to be listed on an “as fed” basis. The AAFCO national standard requires it be listed on an “as is” basis. 17.5. Adopted February 11, 2015 – Effective March 30, 2015 The Commissioner's authority for the adoption of these permanent Rule amendments is set forth in Sections 35-60-102(2) and 35-60-109(1), C.R.S.

1. Edit Part 1 Legal Authority to include all rulemaking authority in 35-60, C.R.S.

2. Update the references throughout the Rules to the official publication of the Association of American Feed Control Officials (AAFCO) incorporated by reference to the 2015 version.

3. Edit commercial feed definition Part 2.3. for clarity.

4. Add Part 4.1.4.11.6. to specify a labeling exemption to allow manufacturers of wild bird seed products to use a composition statement instead of a guaranteed analysis statement.

5. Remove Section (5)(III) “In lieu of ingredient statement.”

6. Remove “pet food” from Part 11.1.6. Adulterants 7. Change the date in Part 15 and Part 16.2. for registrations and the due date for small package distribution reports and fees to December 31st.

7. Correct typographical errors.

8. Reformat Rules to meet new rulemaking guidelines.

Factual and Policy Issues:

The factual and policy issues encountered in the proposal of these permanent Rules are as follows:

1. The previous version of these Rules did not include the rulemaking authority under 35-60-102(2), C.R.S.

2. Numerous changes to the AAFCO publication have occurred since the printing of the 2007 version which is referenced in the Rules. This change will make our Rules more consistent with other states’ feed Rules 3. Purchasers of wild bird seeds are generally more interested in the composition of the seed mix rather than nutritional guarantees. This voluntary change in labeling will allow manufacturers the option of using a composition statement to convey that information.

3. The option of filing an ingredient list with the state in lieu of listing the ingredients on the label makes it more difficult for the public to know what is in the feed that they purchase. This option has not been exercised by feed manufacturers in Colorado in many years, 5. Pet food adulterants are now covered in the Pet Food Rules (8 CCR 1202-7) and no longer needs to be addressed in this Rule.

4. The Colorado Department of Agriculture license and registration expiration dates have been moved to the calendar year in order to consolidate licensing for the Department.

5. These amendments incorporate changes as a result of the Department’s Regulatory Efficiency Review Process. 17.6. Adopted February 10, 2016- Effective March 30, 2016 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in Section 35-60-109(1), C.R.S.

6. Add Part 3.1.9 to include the requirement of the date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date to be included in the label.

The factual and policy issue pertaining to the adoption of this permanent Rule amendment is as follows:

1. The date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date as required in Section 35-60-106(1)(g), C.R.S., is being added to the

Rule so that the Rule will contain the complete requirements for labeling an animal feed product. 17.7. Adopted November 9, 2016- Effective December 30, 2016 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-60- 103(1), § 35-60-105(3)(a), and § 35-60-105(4), C.R.S.

Change the date in Part 15 and Part 16.2 for registrations and the due date for small package distribution reports and fees to January 31st.

The factual and policy issue pertaining to the adoption of this permanent Rule amendment is as follows:

1. Currently, feed registrants have to log into the Department’s licensing system at separate times of the year to complete the registration and reporting process. This can be burdensome to registrants and be prone to mistakes.

2. After consulting with industry stakeholders, the Department has proposed to synchronize all deadlines associated with the larger registration process to make the process more efficient for registrants. 17.8. Adopted September 20, 2017 – Effective November 30, 2017 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-60- The Purpose of this rulemaking is to update the references to the current publication of the Association of American Feed Control Officials; add “Neutral Detergent Fiber” to the list of nutrient guarantees; remove the required minimum zinc guarantee for Swine; add required minimum Acid Detergent Fiber and Neutral Detergent Fiber guarantees for Equines; add Quantity Statement requirements for clarity; and add requirements for guarantees of dietary starch and fructans.

3. Numerous changes to the AAFCO Official publication have occurred since the printing of the 2015 version which is referenced in the rules. The change to the 2017 version is reflected throughout the rule. Updating the rule to follow the 2017 AAFCO Model regulations will make our rules more consistent with other states’ feed rules. This is reflected by the changes to Part 4.1.4.

Guarantees, Part 4.1.8 Quantity Statements, and Part 5.12. Guarantees for Dietary Starches.

2. These amendments incorporate changes as a result of the department’s regulatory efficiency review process. 17.9. Adopted October 14, 2020 – Effective December 15, 2020 The Commissioner’s authority for the adoption of this permanent Rule amendment is set forth in §35-60- The purpose of this rulemaking is to update the language required by §24-4-103(12.5), C.R.S., to properly incorporate the AAFCO Official Publication, effective January 1, 2017, by reference, update the location where materials incorporated by reference are stored and may be viewed.

Factual and Policy Issues

Section 24-4-103 (12.5), C.R.S., requires specific language to properly incorporate a publication by reference. This rulemaking ensures the rules meet those statutory requirements, and updates the current address for the Inspection and Consumer Services Division within the Department of Agriculture, which changed in October 2018. The Division of Inspection and Consumer Services relocated during October of 2018. The current version of this rule lists the previous division address as the location where materials incorporated by reference are located and may be viewed. The purpose of this rulemaking is to update the Rule to include the new address where these materials will be stored and may be viewed. 17.10. Adopted October 12, 2022 – Effective December 15, 2022 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-60- The purpose of this rulemaking is to update the references to the 2022 publication of the Association of American Feed Control Officials.

1. Numerous changes to the AAFCO Official publication have occurred since the printing of the 2017 version which is currently referenced in the rules. The change to the 2022 version is reflected throughout the rule. Updating the rule to follow the 2022 AAFCO Model regulations will make our rules more consistent with other states’ feed rules.

2. These amendments incorporate changes as a result of the department’s regulatory efficiency review process. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2007.

Entire rule eff. 03/30/2015.

Parts 3, 17.6 eff. 03/30/2016.

Parts 15, 16, 17.7 eff. 12/30/2016.

Parts 2, 4, 5, 7, 9, 10, 17.8 eff. 11/30/2017.

Rules 2.1, 13, 17.9 eff. 12/15/2020.

Parts 2, 4, 7, 9, 10, 13, 17.10 eff. 12/15/2022.

8 CCR 1202-7 Rules for Pet Food Under the Colorado Feed Law, Sections 35-60-101 Through 115, C.r.s. {#sec-8-ccr-1202-7 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-7}

DEPARTMENT OF AGRICULTURE

RULES FOR PET FOOD UNDER THE COLORADO FEED LAW, SECTIONS 35-60-101 THROUGH

115, C.R.S.

8 CCR 1202-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Legal Authority Sections 35-60-102(2) and 35-60-109(1), C.R.S.

Part 2. Definitions and Terms 2.1. The Official Publication of the Association of American Feed Control Officials, Inc. shall mean the 2022 Official Publication of the Association of American Feed Control Officials, Inc. (“AAFCO”), effective January 1, 2023. This rule incorporates by reference the AAFCO standards and guidelines. This rule does not adopt any later amendments to, or editions of, the AAFCO standards and guidelines. A copy of the official publication of the Association of American feed Control Officials, Inc. shall be kept in the Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication shall also be kept at the AAFCO Headquarters office, located at 1800 S. Oak Street, Suite 100 Champaign, IL 61820- 6974, and is available online at: http://www.aafco.org.publications. This, and any other material that is incorporated by reference, may be examined at any state publications depository library. 2.2. These Rules incorporate the Official Feed Terms as published in the 2022 Official Publication of AAFCO, except as the Commissioner designates otherwise in specific cases. 2.3. The following commodities are hereby declared exempt from the definition of commercial feed, under the provisions of Section 35-60-102(2), C.R.S. of the Colorado Feed Law, when unground and when not mixed or intermixed with other materials: raw meat, bone and antler, individual chemical compounds, hay, loose salt, straw, stover, silage, cobs, husks, and hulls; provided that these commodities are not adulterated within the meaning of Section 35-60-107, C.R.S., of the Colorado Feed Law. The exemption from the definition of commercial feed is removed for an exempted commodity that bears a label listing nutritional claims or guarantees.

The definitions in the Colorado Feed Law shall apply in addition to the following: 2.4. “AAFCO” means the Association of American Feed Control Officials, Inc. 2.5. “AAFCO Cat Food Nutrient Profiles” means the lists of nutrients required for cat foods as published in the 2022 Official Publication of AAFCO, incorporated herein by reference (later 2.6. “AAFCO Dog Food Nutrient Profiles” means the lists of nutrients required for dog foods as published in the 2022 Official Publication of AAFCO, incorporated herein by reference (later 2.7. “AAFCO Family Guidelines” means the procedures for establishing pet food product families as published in the 2022 Official Publication of AAFCO, incorporated herein by reference (later amendments not included). 2.8. “AAFCO-Recognized Animal Feeding Protocols” means the AAFCO Dog and Cat Food Feeding Protocols as published in the 2022 Official Publication of AAFCO, incorporated herein by reference (later amendments not included.) 2.9. “AAFCO-Recognized Authority” means the nutritional authority for a given species of animal as published in the 2022 Official Publication of AAFCO, incorporated herein by reference (later 2.10. “AAFCO-Recognized Nutrient Profile” means the list of nutrients required for specialty pet foods for specific species of specialty pets as published in the 2022 Official Publication of AAFCO, incorporated herein by reference (later amendments not included.) 2.11. “All Life Stages” means gestation/lactation, growth, and adult maintenance life stages. 2.12. “Immediate Container” means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers. 2.13. “Ingredient Statement” means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed. 2.14. “Pet” means dog or cat. 2.15. “Pet Food” means any commercial feed distributed or intended to be distributed for consumption by pets. 2.16. “Principal Display Panel” means the 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. 2.17. “Specialty Pet” means any domesticated pet animal normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, finches, parrots, other cage birds, tropical fish, goldfish, snakes, turtles, and iguanas. 2.18. “Specialty Pet Food” means any commercial feed distributed or intended to be distributed for consumption by specialty pets. 2.19. "Family means a group of products which are nutritionally adequate for any or all life stages based on their nutritional similarity to a lead product which has been successfully test-fed according to an AAFCO-Recognized Animal Feeding Protocol(s).

Part 3. Label Format and Labeling 3.1. Pet food and specialty pet food shall be labeled with the following information prescribed in this

Part: 3.1.1. Product name and brand name, if any, on the principal display panel as stipulated in Part 4; 3.1.2. The species of pet or specialty pet for which the food is intended conspicuously designated on the principal display panel; 3.1.3. Quantity statement on the principal display panel, which must include net quantity in terms of weight, liquid measure or count. The net quantity must be labeled in terms of weight both in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound and in appropriate SI metric system units; or in the case of liquid measure, both in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or whole quart and in the appropriate SI metric system units. 3.1.3.1. Net quantity shall be declared in terms of weight, liquid measure or count. 3.1.3.2. Net quantity labeled in terms of weight shall be expressed both in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound and in appropriate SI metric system units; or in the case of liquid measure, both in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or whole quart and in the appropriate SI metric system units. 3.1.3.3. When the declaration of quantity of contents by count does not give the adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information. 3.1.4. Guaranteed analysis as stipulated in Part 5; 3.1.5. Ingredient statement as stipulated in Part 6.1; 3.1.6. A statement of nutritional adequacy or purpose if required under Part 8; 3.1.7. Feeding directions if required under Part 9; 3.1.8. Name and address of the manufacturer or distributor as stipulated in Part 12; and 3.1.9. The date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date. 3.2. When a pet food or specialty pet food enclosed in an outer container or wrapper is intended for retail sale, all required label information shall appear on the outer container or wrapper. 3.3. A vignette, graphic, or pictorial representation on a pet food or specialty pet food label shall not misrepresent the contents of the package. 3.4. The use of the word “proven” in connection with a label claim for a pet food or specialty pet food is not permitted unless the claim is substantiated by scientific or other empirical evidence. 3.5. No statement shall appear upon the label or labeling of a pet food or specialty pet food which makes false or misleading comparisons between that product and any other product. 3.6. A personal or commercial endorsement is permitted on a pet food or specialty pet food label provided the endorsement is not false or misleading. 3.7. A statement on a pet food or specialty pet food label stating “Improved”, “New”, or similar designation shall be substantiated and limited to six- (6) months production. 3.8. A statement on a pet food or specialty pet food label stating preference or comparative attribute claims shall be substantiated and limited to one (1) year production, after which the claim shall be removed or re-substantiated. 3.9. Storage and handling information statements 3.9.1. Products containing raw frozen meat and/or poultry for animal consumption must bear a statement, “Keep Frozen”, displayed in a prominent manner on the principal display panel. 3.9.2. Products containing raw frozen meat and/or poultry for animal consumption must conspicuously bear the following statement under a heading “Handling guidelines for safe use” on the outside of the immediate container:

Some raw food products may contain bacteria that could cause illness if mishandled.

Follow these instructions for safest use.

1. Keep frozen until ready to use.

2. Thaw in refrigerator or microwave.

3. Keep raw meat and poultry separate from other foods. Wash working surfaces, utensils (including cutting boards, preparation and feeding bowls), hands, and any other items that touch or contact raw meat or poultry with hot soapy water.

4. Refrigerate leftovers immediately or discard.

Part 4. Brand and Product Names 4.1. The words “100%”, “All”, or words of similar designation shall not be used in the brand or product name of a pet food or a specialty pet food if the product contains more than one ingredient, not including water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments. 4.2. An ingredient or a combination of ingredients may form a part of the product name of a pet food or specialty pet food: 4.2.1. When the ingredient(s) that are included in the product name constitute at least 95% of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredient(s) shall constitute at least 70% of the total product weight. 4.2.2. When any ingredient(s) that are included in the product name constitute at least 25% of the weight of the product, provided that: 4.2.2.1. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients) shall constitute at least 10% of the total product weight; and 4.2.2.2. A descriptor is used with the ingredient name(s). This descriptor shall imply other ingredients are included in the product formula. Examples of descriptors include “dinner”, “platter”, “entree”, “formula”, and “recipe”; and 4.2.2.3. The descriptor shall be in the same size, style, and color print as the ingredient name(s). 4.2.3. When a combination of ingredients that are included in the product name in accordance with Part 4.2 meet all of the following: 4.2.3.1. Each ingredient constitutes at least 3% of the product weight, excluding water sufficient for processing; and 4.2.3.2. The names of the ingredients appear in the order of their respective predominance by weight in the product; and 4.2.3.3. All such ingredient names appear on the label in the same size, style, and color print. 4.3. When the name of any ingredient appears in the product name of a pet food or elsewhere on the product label and includes a descriptor such as “with” or similar designation, the named ingredient(s) must each constitute at least 3% of the product weight exclusive of water for processing. If the names of more than one ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The 3% minimum level shall not apply to claims for nutrients, such as, but not limited to, vitamins, minerals, and fatty acids, as well as condiments. The word “with,” or similar designation, and named ingredients shall be in the same size, style, color and case print and be of no greater size than:

Panel Size Maximum “with” Claim Type Size up to 5 sq. in. 1/8” greater than 5 sq.in. up to 25 sq. in 1/4” greater than 25 sq.in. up to 100 sq. in. 3/8” greater than 100 sq.in. up to 400 sq. in. 1/2 greater than 400 sq. in. 1” 4.4. A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food when the flavor designation meets all of the following: 4.4.1. The flavor designation: 4.1.1.1. Conforms to the name of the ingredient as listed in the ingredient statement; or 4.4.1.2. Is identified by the source of the flavor in the ingredient statement; and 4.4.2. The word “flavor” is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and 4.4.3. Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request. 4.5. The product name of the pet food or specialty pet food shall not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by Part 4.2 or 4.3; provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if: 4.5.1. The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or 4.5.2. It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients. 4.6. Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food or specialty pet food unless it is in compliance with Part 4.2, 4.3, or 4.4.

Part 5. Expression of Guarantees 5.1. The “Guaranteed Analysis” shall be listed on an “as is” basis and in the following order and format unless otherwise specified in these Sections: 5.1.1. A pet food or specialty pet food label shall list the following required guarantees: 5.1.1.1. Minimum percentage of crude protein; 5.1.1.2. Minimum percentage of crude fat; 5.1.1.3. Maximum percentage of crude fat, if required by Part 11; 5.1.1.4. Maximum percentage of crude fiber; 5.1.1.5. Maximum percentage of moisture; and 5.1.1.6. Additional guarantees shall follow moisture. 5.1.2. When ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow moisture. 5.1.3. A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO Dog Food Nutrient Profiles, or the AAFCO Cat Food Nutrient Profiles, as applicable, and may be listed as minimum, maximum, or both, unless otherwise specified. Guarantees for substances not listed in the AAFCO Dog (or Cat) Food Nutrient Profiles, or not otherwise provided for in these regulations, shall immediately follow the listing of the recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer “not recognized as an essential nutrient by the AAFCO Dog (or Cat) Food Nutrient Profiles.” The disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. 5.1.4. A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO-Recognized Nutrient Profile for the specific species and may be listed as minimum, maximum, or both, unless otherwise specified; however, if no species-specific AAFCO-Recognized Nutrient Profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profiles. Guarantees for substances not listed in an AAFCO-Recognized Nutrient Profile for the specific species of animal shall immediately follow the listing of the recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer “not recognized as an essential nutrient by the ____________ (Blank is to be completed by listing the specific AAFCO-Recognized Nutrient Profile).” The disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. No such disclaimer shall be required unless an AAFCO-Recognized Nutrient Profile is available for the specific species of specialty pet. 5.2. The sliding scale method of expressing a guaranteed analysis on a pet food or specialty pet food label (for example. “Minimum crude protein 15-18%”) is prohibited. 5.3. The label of a pet food or specialty pet food which is formulated as and represented to be a mineral supplement shall include: 5.3.1. Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-Recognized Nutrient Profile expressed as the element in units specified in the nutrient profile; or 5.3.2. Minimum guarantees for all minerals from sources declared in the ingredient statement expressed as the element in the same order and units of the AAFCO Cat Food Nutrient Profiles, when no species-specific profile has been recognized by AAFCO. 5.3.3. Mineral guarantees required by Part 5.3.1 and 5.3.2. may be expressed in milligrams (mg) per unit (e.g., tablets, capsules, granules, or liquids) consistent with those employed in the quantity statement and directions for use; and 5.3.4. A weight equivalent (e.g., 1 fl. oz. = 28 grams) shall be listed for liquid products. 5.4. The label of a pet food or a specialty pet food which is formulated as and represented to be a vitamin supplement shall include: 5.4.1. Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-Recognized Nutrient Profile expressed in units specified in the nutrient profile; or 5.4.2. Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in the same order and units of AAFCO Cat Food Nutrient Profiles, when no species-specific nutrient profile has been recognized by AAFCO. 5.4.3. Vitamin guarantees required by Part 5.4.1 and 5.4.2, may be expressed in approved units (e.g., IU, mg, g) per unit (e.g., tablets, capsules, granules, or liquids) consistent with those employed in the quantity statement and directions for use; and 5.4.4. A weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products. 5.5. When the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-Recognized Nutrient Profile such as a table of comparison, a percentage, or any other designation referring to an individual nutrient or all of the nutrient levels, the following apply: 5.5.1. The product shall meet the AAFCO-Recognized Nutrient Profile; and 5.5.2. The statement of comparison shall be preceded by a statement that the product meets the AAFCO-Recognized Nutrient Profile. However, the statement that the product meets the AAFCO-Recognized Nutrient Profile is not required provided that a nutritional adequacy statement permitted by Part 8.1.1 or 8.2.2.1 appears elsewhere on the product label; and 5.5.3. The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and 5.5.4. The statement of comparison may appear on the label separate and apart from the guaranteed analysis. 5.6. The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78.00% or the natural moisture content of the ingredients, whichever is higher. However, pet food and specialty pet food such as, but not limited to, those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a milk replacer, and which are so labeled, may contain moisture in excess of 78.00%. 5.7. Guarantees for crude protein, crude fat, and crude fiber are not required when the pet food or specialty pet food is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, such as mineral or vitamin supplement. 5.8. Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement shall list each species in order of predominance. 5.9. Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acid liberated/minute/milligram. If two or more sources have the same type of activity, they shall be listed in order of predominance based upon the amount of enzymatic activity provided. 5.10. Pet food products made from only animal skin and/or cartilage such as rawhide, pizzles, pig ears, trachea, are not required to be labeled with a guaranteed analysis statement.

Part 6. Ingredients 6.1. Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as follows: 6.1.1. The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size and color; 6.1.2. The ingredients shall be listed in descending order by their predominance by weight in non-quantitative terms; 6.1.3. Ingredients shall be listed and identified by the name and definition published in the 2022 Official Publication of AAFCO; and 6.1.4. Any ingredient for which no name and definition have been so established shall be identified by the common or usual name of the ingredient. 6.2. The ingredients “meat” or “meat by-products” shall be qualified to designate the animal from which the meat or meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, goats, or any combination thereof. For example, ingredients derived from horses shall be listed as “horsemeat” or “horsemeat by-products”. 6.3. Brand or trade names shall not be used in the ingredient statement. 6.4. A reference to the quality, nature, form, or other attribute of an ingredient shall be allowed when the reference meets all of the following: 6.4.1. The designation is not false or misleading; 6.4.2. The ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and 6.4.3. A reference to quality or grade of the ingredient does not appear in the ingredient statement.

Part 7. Additives and Drugs 7.1. An artificial color may be used in a pet food or a specialty pet food only if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in the United States Food and Drug Administration regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets or specialty pets. 7.2. Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food which contains additives or drugs, when used according to directions furnished on the label.

Satisfactory evidence of the safety and efficacy of a pet food or specialty pet food may be established; 7.2.1. When the pet food or specialty pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are “prior sanctioned” or “Generally Recognized as Safe” for such use; or 7.2.2. When the pet food or specialty pet food itself is a drug or contains a drug as defined in

Section 35-60-102(8), C.R.S., of the Colorado Feed Law and is “generally recognized as safe and effective” for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under Title 21, U.S.C. 360 (b) 7.3. When a drug is included in a pet food or specialty pet food, the following format is required: 7.3.1. The word “medicated” shall appear directly following and below the product name in type size no smaller than one-half the type size of the product name. 7.3.2. A purpose statement shall be listed that includes the following information: 7.3.2.1. The specific species and animal class for which the feed is intended. 7.3.2.2. The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended. 7.3.2.3. The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state “For Further Manufacture of Feed” if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix. 7.3.2.4. The purpose statement of a single purpose ingredient blend may exclude the animal class and species and state “For Further Manufacture of Feed” if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds. 7.3.2.5. The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner. 7.3.3. The purpose of medication (claim statement). 7.3.4. An active ingredient statement listing the active drug ingredients by their established name and guarantees for drugs stated in terms of percent by weight, except: 7.3.4.1. Antibiotics present at less than 2,000 grams per ton (total) in a pet or specialty pet food shall be stated in grams per ton of feed. 7.3.4.2. Antibiotics present at 2,000 or more grams per ton (total) in a pet or specialty pet food shall be stated in grams per pound of feed. 7.3.4.3. Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic. 7.3.4.4. The term “milligrams per pound” may be used for drugs or antibiotics in those cases where a dosage is given in “milligrams” in the feeding directions.

Part 8. Nutritional Adequacy 8.1. The label of a pet food or specialty pet food which is intended for all life stages of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as “complete and balanced”, “perfect”, “scientific”, or “100% nutritious” if at least one of the following apply: 8.1.1. The product meets the nutrient requirements for all life stages established by an AAFCO- Recognized Nutrient Profile; or 8.1.2. The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-Recognized Animal Feeding Protocol(s); or 8.1.3. The product is a member of a product family which is nutritionally similar to a lead product which contains a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, provided that: 8.1.3.1. The nutritional similarity of the family product can be substantiated according to the appropriate AAFCO Family Guidelines, and 8.1.3.2. The family product meets the criteria for all life stages; and 8.1.3.3. Under circumstances of reasonable doubt, the Commissioner may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy. 8.2. The label of a pet food or specialty pet food which is intended for a limited purpose or a specific life stage, but not for all life stages, may include a qualified claim such as “complete and balanced”, “perfect”, “scientific”, or “100% nutritious” when the product and claim meets all of the following: 8.2.1. The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, for example, “complete and balanced for puppies (or kittens)”. The claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style and color print; and 8.2.2. The product meets at least one of the following: 8.2.2.1. The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-Recognized Nutrient Profile; or 8.2.2.2. The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-Recognized Animal Feeding Protocol(s); or 8.2.2.3. The product is a member of a product family which is nutritionally similar to a lead product which contains a combination of ingredients which, when fed for such limited purpose, will satisfy the nutrient requirements for such limited

purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that: 8.2.2.3.1. The nutritional similarity of the family product can be substantiated according to the appropriate AAFCO Family Guidelines; and 8.2.2.3.2. The family product meets the criteria for such limited purpose; and 8.2.2.3.3. Under circumstances of reasonable doubt, the Commissioner may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy. 8.3. Dog and cat food labels shall include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a “snack” or “treat”. The statement shall consist of one of the following: 8.3.1. A claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages. The claim shall be stated verbatim as one of the following: 8.3.1.1. “(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for ___.” (Blank is to be completed by using the stage or stages of the pet's life, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”)For a dog food, when the blank includes the words “Growth” or “All Life Stages.” One of the following phrases must be added verbatim to the end of the claim: 8.3.1.1.1. “including growth of large size dogs (70 lb. or more as an adult)” if the product has been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs. 8.3.1.1.2. “except for growth of large size dogs (70 lb. or more as an adult)” if the product has not been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs; or 8.3.1.2. “Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for __.” (Blank is to be completed by using the stage or stages of the pet's life tested, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”); or 8.3.1.3. “(Name of Product) provides complete and balanced nutrition for __ (Blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance or the words “All Life Stages”) and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests.” 8.3.2. A nutritional or dietary claim for purposes other than those listed in Part 8.1 or 8.2 if the claim is scientifically substantiated; or 8.3.3. The statement: “This product is intended for intermittent or supplemental feeding only”, if a product does not meet the requirements of Part 8.1 or 8.2 or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding. 8.4. A product intended for use by, or under the supervision or direction of a veterinarian shall make a statement in accordance with Part 8.3.1 or 8.3.3. 8.5. A signed affidavit attesting that the product meets the requirements of Part 8.1or 8.2 shall be submitted to the Commissioner upon request. 8.6. If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-Recognized Nutrient Profile, or if no requirement has been established by an AAFCO- Recognized Nutritional Authority for the life stage(s) of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated. 8.7. The following shall be acceptable as the basis for a claim of nutritional adequacy: 8.7.1. An AAFCO-Recognized Nutrient Profile or Nutritional Authority: 8.7.1.1. For dogs, the AAFCO Dog Food Nutrient Profiles; 8.7.1.2. For cats, the AAFCO Cat Food Nutrient Profiles; 8.7.1.3. For specialty pets, a nutrient recommendation approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that such nutrient recommendation is recognized only for the specific species of specialty pet for which the profile is intended. 8.7.2. An AAFCO-Recognized Animal Feeding Protocol(s): 8.7.2.1. The AAFCO Dog Food Feeding Protocols; or 8.7.2.2. The AAFCO Cat Food Feeding Protocols.

Part 9. Feeding Directions 9.1. Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Part 8.3.1, except those pet foods labeled in accordance with Part 8.4, shall list feeding directions on the product label. These directions shall be consistent with the intended use(s) indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere (e.g., “adult formula”). These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum, state “Feed (weight/unit of product) per (weight only) of dog (or cat)”. The frequency of feeding shall also be specified. 9.2. When a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement: “Use only as directed by your veterinarian” may be used in lieu of feeding directions. 9.3. Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Part 8.1, shall list feeding directions on the product label. These feeding directions shall be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the AAFCO-Recognized Nutritional Authority. These directions shall be expressed in common terms and shall appear prominently on the label. The frequency of feeding shall also be specified.

Part 10. Statements of Calorie Content 10.1. Except as required in Part 11, the label of a dog or cat food may bear a statement of calorie content when the label meets all of the following: 10.1.1. The statement shall be separate and distinct from the “Guaranteed Analysis” and shall appear under the heading “Calorie Content”; 10.1.2. The statement shall be measured in terms of metabolizable energy (ME) on an “as fed”

basis and shall be expressed as “kilocalories per kilogram” (“kcal/kg”) of product, and may also be expressed as kilocalories per familiar household measure (e.g., cans, cups, pounds); and 10.1.3. The calorie content is determined by one of the following methods: 10.1.3.1. By calculation using the following “Modified Atwater” formula ME (kcal/kg) = 10[(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)]

Where: ME = Metabolizable Energy CP = % crude protein “as fed”

CF = % crude fat “as fed”

NFE = % nitrogen-free extract (carbohydrate) “as fed” and the percentages of CP and CF are the arithmetic averages from proximate analyses of at least four production batches of the product, and the NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash (determined in the same manner as CP and CF); or 10.1.3.2. In accordance with a testing procedure established by AAFCO. 10.1.4. An affidavit shall be provided upon request to the Commissioner, substantiating that the calorie content was determined by: 10.1.4.1. Part 10.1.3.1 in which case the results of all the analyses used in the calculation shall accompany the affidavit; or 10.1.4.2. Part 10.1.3.2 in which case the summary data used in the determination of calorie content shall accompany the affidavit. 10.1.5. The calorie content statement shall appear as one of the following: 10.1.5.1. The heading “Calorie Content” on the label or other labeling shall be followed parenthetically by the word “calculated” when the calorie content is determined in accordance with Part 10.1.3.1; or 10.1.5.2. The heading “Calorie Content” on the label or other labeling shall be followed parenthetically by the word “fed” when the calorie content is determined in accordance with Part 10.1.3.2. 10.2. Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

Part 11. Descriptive Terms 11.1. Calorie Terms 11.1.1. “Light” 11.1.1.1. A dog food product which bears on its label the terms “light”, “lite”, “low calorie”, or words of similar designation shall: 11.1.1.1.1. Contain no more than 3100 kcal ME/kg for products containing less than 20% moisture, no more than 2500 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 900 kcal ME/kg for products containing 65% or more moisture; and 11.1.1.1.2. Include on the label a calorie content statement: 11.1.1.1.2.1. In accordance with the format provided in Part 10; and 11.1.1.1.2.2. Which states no more than 3100 kcal ME/kg for products containing less than 20% moisture, no more than 2500 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 900 kcal ME/kg for products 11.1.1.1.3. Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use. 11.1.1.2. A cat food product which bears on its label the terms “light”, “lite”, “low calorie”, or words of similar designation shall: 11.1.1.2.1. Contain no more than 3250 kcal ME/kg for products containing less than 20% moisture, no more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 950 kcal ME/kg for products containing 65% or more moisture; and 11.1.1.2.2. Include on the label a calorie content statement: 11.1.1.2.2.1. In accordance with the format provided in Part 10; and 11.1.1.2.2.2. Which states no more than 3250 kcal ME/kg for products containing less than 20% moisture, no more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 950 kcal ME/kg for products 11.1.1.2.3. Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use. 11.1.2. “Less” or “Reduced Calories” 11.1.2.1. A dog or cat food product which bears on its label a claim of “less calories”, “reduced calories”, or words of similar designation, shall include on the label: 11.1.2.1.1. The name of the product of comparison and the percentage of calorie reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label where the term appears; and 11.1.2.1.2. The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and 11.1.2.1.3. A calorie content statement in accordance with the format provided in Part 10; and 11.1.2.1.4. Feeding directions which reflect a reduction in calories compared to feeding directions for the product of comparison. 11.1.2.2. A comparison between products in different categories of moisture content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is misleading, 11.2. Fat Terms 11.2.1. “Lean” 11.2.1.1. A dog food product which bears on its label the terms “lean”, “low fat”, or words of similar designation shall: 11.2.1.1.1. Contain no more than 9% crude fat for products containing less than 20% moisture, no more than 7% crude fat for products containing 20% or more but less than 65% moisture, and no more than 4% crude fat for products containing 65% or more moisture; and 11.2.1.1.2. Include on the product label in the Guaranteed Analysis: 11.2.1.1.2.1. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Part 5.1.1; and 11.2.1.1.2.2. A maximum crude fat guarantee which is no more than 9% crude fat for products containing less than 20% moisture, no more than 7% crude fat for products containing 20% or more but less than 65% moisture, and no more than 4% crude fat for products containing 65% or more moisture. 11.2.1.2. A cat food product which bears on its label the terms “lean”, “low fat”, or words of similar designation shall: 11.2.1.2.1. Contain a maximum percentage of crude fat which is no more than 10% crude fat for products containing less than 20% moisture, no more than 8% crude fat for products containing 20% or more but less than 65% moisture, and no more than 5% crude fat for products 11.2.1.2.2. Include on the product label in the Guaranteed Analysis: 11.2.1.2.2.1. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Part 4.1.1; and 11.2.1.2.2.2. A maximum crude fat guarantee which is no more than 9% crude fat for products containing less than 20% moisture, no more than 7% crude fat for products containing 20% or more but less than 65% moisture, and no more than 4% crude fat for products containing 65% or more moisture. 11.2.2. “Less” or “Reduced Fat” 11.2.2.1. A dog or cat food product which bears on its label a claim of “less fat”, “reduced fat”, or words of similar designation, shall include on the label: 11.2.2.1.1. The name of the product of comparison and the percentage of fat reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label where the term appears; and 11.2.2.1.2. The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and 11.2.2.1.3. A maximum crude fat guarantee in the Guaranteed Analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Part 5.1.1 11.2.2.2. A comparison on the label between products in different categories of moisture content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is misleading.

Part 12. Manufacturer or Distributor; Name and Address 12.1. The label of a pet food or specialty pet food shall specify the name and address of the manufacturer or distributor. The statement of the place of business shall include the street address, city, state, and zip code; however, the street address may be omitted if such street address is shown in a current city directory or telephone directory for the city listed on the label. 12.2. When a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food or specialty pet food was manufactured or packaged or from where each package is to be distributed.

Part 13. Adulterants 13.1. For the purpose of Section 35-60-107(2)(a), C.R.S., of the Colorado Feed Law, the terms “poisonous or deleterious substances” include but are not limited to the following: 13.1.1. Pathogenic bacteria, including but not limited to Salmonella sp., listeria monocytogenes, or escherichia coli O157:H7 found in any detectable amounts. 13.1.2. Aflatoxin B1, B2, G1, G2 above 20 parts per billion (ppb).

Part 14. Material Incorporated by Reference These rules herein incorporate by reference the Official Publication of the Association of American Feed Control Officials, Inc. (“AAFCO”), effective January 1, 2022. This rule incorporates by reference the 2022 AAFCO standards and guidelines. This rule does not adopt any later amendments to, or editions of, the AAFCO standards and guidelines. A copy of the Official Publication of the Association of American Feed Control Officials, Inc. shall be kept on file at the Department of Agriculture, located at 305 Interlocken Parkway, Broomfield Colorado 80021, and shall be open to public inspection, and available for copying, during normal business hours. A copy of the official publication shall also be kept at the AAFCO Headquarters Office, located at 1800 S. Oak Street, Suite 100, Champaign, IL 61820-6974, and is available online at: https://www.aafco.org/Publications This, and any other material that is incorporated by reference, may be examined at any state publications depository library.

Part 15. False or Incomplete Information All information required by the Commissioner from any person in connection with any application for a registration, report, or record required under the Colorado Feed Law must be accurate and complete.

Failure to provide accurate and complete information in connection with any such document, including but not limited to providing all documentation required to establish an individual applicant’s lawful presence in the United States pursuant to Section 24-76.5-103, C.R.S., shall be grounds for denial of an application for registration or for renewal thereof, or revocation or suspension of an existing registration.

Part 16. Commercial Feed Registration No person shall manufacture commercial feed within the state or allow his or her name to appear on the label of a commercial feed as guarantor, without first registering with the Department as required by Sections 35-60-103, C.R.S., and 35-60-104. Such registration shall expire on January 31st and may be renewed annually.

Part 17. Distribution Fees-Reports 17.1. A distributor who is subject to a tonnage distribution fee required by Section 35-60-105(1), C.R.S., shall file with the Commissioner, no later than January 31st each year, a statement that sets forth the number of net tons of commercial feeds distributed in the state. 17.2. A distributor who is subject to the distribution fee for small packages of ten pounds or less shall file with the Commissioner, no later than January 31st each year, a list of all small package products of ten pounds or less that are distributed in this state. 17.3. A distributor who is subject to a tonnage distribution fee required by Section 35-60-105(1), C.R.S., and the distribution fee for small packages of ten pounds or less shall comply with both Parts 17.1 and 17.2 of these Rules.

Part 18. Statements of Basis, Specific Statutory Authority and Purpose 18.1. Adopted April 10, 2001 – Effective May 30, 2001 STATUTORY AUTHORITY:

The Commissioner of Agriculture, Colorado Department of Agriculture, adopts these permanent rules pursuant to the provisions and requirements of the Colorado Commercial Feed Law, § 35-60- 109(1), C.R.S. (2000).

PURPOSE:

The purpose of these rules is to comply with the requirements of the Colorado Commercial Feed to provide specific guidelines for the manufacture, labeling and distribution of commercial feed.

These rules are designed to:

• Set standards for the correct labeling of livestock and pet food.

• Set standards for good manufacturing practices for medicated livestock feed.

FACTUAL AND POLICY ISSUES:

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. The Colorado Commercial Feed Law was repealed and reenacted effective January 1, 2000.

That statute requires the Commissioner to adopt the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials, Inc. AAFCO), as published in the official publication of such association.

2. These new, revised rules are based upon national standard (model) regulations developed by AAFCO, a nation-wide group of regulatory officials. They are specifically for the purpose of promoting standardization between states for the animal feed industry.

3. Over 30% of the states have adopted the AAFCO model regulations. These rules are widely accepted by Colorado and national feed companies. Adoption of these rules would help to ensure uniform labeling requirements.

4. The Department met with the Colorado Grain and Feed Association’s (CFGA) Feed Committee throughout the rule drafting process. The CGFA supports these new rules and regulations.

5. Two sets of rules are needed, one for livestock feed, the other for pet food. Livestock feed rules are specific to matters regarding production, animal growth and weight gain, and use of medications in feed. Pet food rules employ separate criteria for complete and balanced nutrition and provide regulatory guidance for advertising and claims frequently found on pet food labels. 18.2. Adopted November 1, 2007 – Effective December 30, 2007 STATUTORY AUTHORITY These amendments are proposed for adoption by the Commissioner pursuant to his authority in section 35-60-109(1), C.R.S.

PURPOSE

The purposes of these amendments are as follows:

(a) To amend the name of the Act used in the Rules to correspond with the new name adopted under Senate Bill 07-207.

(b) To amend the listing of guarantees from an “as fed” basis to an “as is” basis.

(c) Modify the definition of “pet.”

(d) Update the references to the official publications of the Association of American Feed Control Officials (AAFCO) incorporated by reference to the 2007 version.

(e) To add section 14 to contain the Statements of Basis, Specific Statutory Authority and Purpose.

(f) To correct typographical errors.

FACTUAL BASIS

(a) On May 22, 2007, the Colorado Commercial Feed Law was amended by Senate Bill 07-207. The title of the law was amended to the Colorado Feed Law.

(b) The current rules require the guaranteed analysis to be listed on an “as fed” basis. The AAFCO national standard requires it to be listed on an “as is” basis.

(c) The AAFCO national standard definition of “pet” means dog or cat. 18.3. Adopted February 11, 2015 – Effective March 30, 2015 The Commissioner's authority for the adoption of these permanent Rule amendments is set forth in

Section 35-60-109(1), C.R.S.

1. Edit Part 1 Legal Authority to include all rulemaking authority in 35-60, C.R.S.

2. Update the references throughout the Rules to the official publication of the Association of American Feed Control Officials (AAFCO) incorporated by reference to the 2015 version.

3. Add Part 2.3 to specify the commodities that are exempted from the definition of “commercial feed”, and to define when that exemption does not apply.

4. Edit Part 2.15 and 2.18 for clarity.

5. Add Part 3.9 to specify raw pet food labeling requirements to include safe handling directions on the label.

6. Amend Part 4.2.1 product name requirements for pet foods to give manufacturers more flexibility when using the “95% rule.”

7. Amend Part 4.2.2 for clarity and uniformity.

8. Add Part 5.10 to specify labeling exemptions for pet food items made from animal skin and/or cartilage to allow these products to be distributed without a guaranteed analysis statement.

9. Add Part 13 (adulterants), Part 15 (false or incomplete information), Part 16 (commercial feed registration), and Part 17 (distribution fees-reports).

10. Correct typographical errors.

11. Reformat Rules to meet new rulemaking guidelines.

Factual and Policy Basis The factual and policy issues pertaining to the adoption of these permanent Rule amendments are as follows:

1. The previous version of these Rules did not include the rulemaking authority under Section 35- 60-102(2), C.R.S.

2. Numerous changes to the AAFCO publication have occurred since the printing of the 2007 version which is referenced in the Rules. This change will make our Rules more consistent with other states’ feed Rules.

3. This Rule needed to be added to make the Pet Food Rules a stand-alone set of Rules.

4. Raw pet food safe handling labeling requirements are needed to ensure the safe use of these type products.

5. When the Rule was originally drafted, manufacturers typically only used meat ingredients in the product name. Current pet food products incorporate many ingredients that, under the current

Rule, cannot be used as part of the product name. This change will allow manufacturers more flexibility with naming products.

6. The industry standard for labeling of rawhide pet treats does not include a guaranteed analysis statement. This eliminates the need for national distributors to re-label their products.

7. Parts 13, 15, 16 and 17 were previously sub-Rules under 1202-6 (Rules for Commercial Feed).

Parts 13, 15, 16, and 17 have been copied from 8 CCR 1202-6 and duplicated in 8 CCR 1202-7 (Rules for Pet Food) in order to make the Pet Food Rules a stand-alone set of rules.

8. These amendments incorporate changes as a result of the Department’s Regulatory Efficiency Review Process. 18.4. Adopted February 10, 2016- Effective March 30, 2016 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in Section 35-60-109(1), C.R.S.

9. Add Part 3.1.9 to include the requirement of the date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date to be included in the label.

Factual and Policy Basis The factual and policy issue pertaining to the adoption of this permanent Rule amendment is as follows:

1. The date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date as required in Section 35-60-106(1)(g), C.R.S., is being added to the

Rule so that the Rule will contain the complete requirements for labeling a pet food product. 18.5. Adopted November 9, 2016- Effective December 30, 2016 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-60- 103(1), § 35-60-105(3)(a), and § 35-60-105(4), C.R.S.

Change the date in Part 16 and Parts 17.2 for registrations and the due date for small package distribution reports and fees to January 31st.

The factual and policy issue pertaining to the adoption of this permanent Rule amendment is as follows:

1. Currently, feed registrants have to log into the Department’s licensing system at separate times of the year to complete the registration and reporting process. This can be burdensome to registrants and be prone to mistakes.

2. After consulting with industry stakeholders, the Department has proposed to synchronize all deadlines associated with the larger registration process to make the process more efficient for registrants. 18.6. Adopted September 20, 2017 – Effective November 30, 2017 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-60- The purpose of this rulemaking is to update references throughout the Rules to the official publication of the Association of American Feed Control Officials (AAFCO) incorporated by reference to the 2017 version; clarify net quantity labeling requirements; update nutritional adequacy requirement labeling for dogs; update calorie content labeling requirements; and clarify the quantity of certain pathogenic organisms that are adulterants in pet food and harmful to human health.

Factual Policy and Issues 1. Numerous changes to the AAFCO publication have occurred since the printing of the 2015 version which is referenced in the rules. The change to the 2017 version is reflected throughout the rule. Updating the rule to follow the 2017 AAFCO Model regulations will make our rules more consistent with other states’ feed rules. This is reflected by the changes to Part 3.1.3. Quantity Statement, Part 8.3. Nutritional Adequacy Statements, and Part 10.1.5. Calorie Content Statements.

2. Due to the safety concerns related to humans handling pet foods containing salmonella, listeria monocytogenes and e. coli o157:h7, this change to Part 13.1.1. clarifies that these pathogens are adulterants in any detectable amount.

3. These amendments incorporate changes as a result of the department’s regulatory efficiency review process. 18.7. Adopted October 14, 2020 – Effective December 15, 2020 The Commissioner’s authority for the adoption of this permanent Rule amendment is set forth in §35-60- The purpose of this rulemaking is to update the language required by §24-4-103(12.5), C.R.S., to Properly incorporate the AAFCO Official Publication, effective January 1, 2017, by reference, update the location where materials incorporated by reference are stored and may be viewed.

Factual and Policy Issues

Section 24-4-103 (12.5), C.R.S., requires specific language to properly incorporate a publication by reference. This rulemaking ensures the rules meet those statutory requirements, and updates the current address for the Inspection and Consumer Services Division within the Department of Agriculture, which changed in October 2018. The Division of Inspection and Consumer Services relocated during October of 2018. The current version of this rule lists the previous division address as the location where materials incorporated by reference are located and may be viewed. The purpose of this rulemaking is to update the rule to include the new address where these materials will be stored and may be viewed. 18.8. Adopted October 12, 2022 – Effective December 15, 2022 The Commissioner's authority for the adoption of this permanent Rule amendment is set forth in § 35-60- The purpose of this rulemaking is to update references throughout the Rules to the official publication of the Association of American Feed Control Officials (AAFCO) incorporated by reference to the 2022 version.

Factual Policy and Issues 1. Numerous changes to the AAFCO publication have occurred since the printing of the 2017 version which is referenced in the rules. The change to the 2022 version is reflected throughout the rule. Updating the rule to follow the 2022 AAFCO Model regulations will make our rules more consistent with other states’ feed rules.

2. These amendments incorporate changes as a result of the department’s regulatory efficiency review process. ________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2007.

Entire rule eff. 03/30/2015.

Parts 3, 18.4 eff. 03/30/2016.

Parts 16, 17.2, 18.5 eff. 12/30/2016.

Parts 2, 3, 8, 10, 13, 18.6 eff. 11/30/2017.

Rules 2.1, 2.2, 6.1.3, 14, 18.7 eff. 12/15/2020.

Parts 2, 6, 14, 18.8 eff. 12/15/2022.

8 CCR 1202-8 IRREVOCABLE LETTERS OF CREDIT IN LIEU OF SURETY BONDS UNDER THE COLORADO FARM PRODUCTS ACT AND THE COLORADO COMMODITY HANDLER ACT [Repealed eff. 07/30/2014] {#sec-8-ccr-1202-8 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-8}

DEPARTMENT OF AGRICULTURE

Inspection and Consumer Services Division IRREVOCABLE LETTERS OF CREDIT IN LIEU OF SURETY BONDS UNDER THE COLORADO FARM PRODUCTS ACT AND THE COLORADO COMMODITY HANDLER ACT - Repealed eff. 07/30/2014 8 CCR 1202-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis, Specific Statutory Authority and Purpose Adopted June 11, 2014 – Effective July 30, 2014 Statutory Authority:

These rules are adopted pursuant to sections 11-35-101.5, 12-16-117, and 12-16-210 C.R.S.

Purpose:

The purpose of this rule change is to consolidate all the rules regarding the Farm Products and Commodity Handler Acts into one section within 8 CCR 1202-11.

Factual and Policy Basis:

The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:

Currently these rules which address irrevocable letters of credit and bonds are codified in 8 CCR 1202-08. In order to consolidate these rules into one set of rules at 8 CCR 1202- 11 these rules are being deleted from their current location. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 07/30/2014.

8 CCR 1202-9 RULES FOR DETERMINING THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF THE FARM PRODUCTS ACT AND THE COMMODITY HANDLER ACT [Repealed eff. 12/30/2007] {#sec-8-ccr-1202-9 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-9}

DEPARTMENT OF AGRICULTURE

Inspection and Consumer Services Division RULES FOR DETERMINING THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF THE FARM PRODUCTS ACT AND THE COMMODITY HANDLER ACT - Repealed eff. 12/30/2007 8 CCR 1202-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed and replaced by departmental policy eff. 12/30/2008.

8 CCR 1202-10 Rules Pertaining to the Administration and Enforcement of the Colorado Egg Law {#sec-8-ccr-1202-10 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-10}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO EGG

LAW 8 CCR 1202-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 TEMPERATURE REQUIREMENTS 1.1 Every dealer shall store, display, or otherwise maintain eggs at an ambient temperature of no more than forty-one degrees Fahrenheit (41° F), and no less than thirty-three degrees Fahrenheit (33° F). 1.2 A dealer who is registered with the USDA as an egg handler and is in compliance with USDA temperature requirements is exempt from Rule 1.1.

1.3 TEMPERATURE REQUIREMENTS FOR DELIVERY TRUCKS 1.3.1 Except as provided in 1.3.2 below, delivery trucks used for the transportation of eggs shall be equipped with a refrigeration unit capable of delivering refrigerated air to the cargo area to maintain the eggs at an ambient temperature of no more than forty-five degrees Fahrenheit (45° F), and no less than thirty-three degrees Fahrenheit (33° F). 1.3.2 Any person transporting for resale not more than two (2) cases of eggs (totaling not more than sixty dozen eggs) may transport such eggs using equipment other than a refrigeration unit in the cargo space of the delivery vehicle that will maintain the eggs at an ambient temperature of no more than forty-five degrees Fahrenheit (45°), and no less than thirty-three degrees Fahrenheit (33° F).

2.0 SANITATION REQUIREMENTS

2.1 DEALER REQUIREMENTS

Every dealer shall store, display, transport or otherwise maintain eggs in a clean and sanitary environment, free from any substance or condition that could adulterate or otherwise adversely affect the wholesomeness, quality, or taste of the eggs by absorption of bacteria or odors, or render them inedible by any other means.

2.2 EGG WASHING REQUIREMENTS

All Class I Dealers and persons who produce and sell eggs at a farmers market or community supported agricultural organization must comply with the following requirements. 2.2.1 Must use potable water to wash and sanitize eggs. 2.2.2 Cleaning agents appropriate to clean eggs must be used. The wash water must be at a minimum temperature of 110° F. Eggs shall not be allowed to stand or soak in the wash water. 2.2.3 Cleaned eggs must be rinsed with water at a minimum temperature of 115° F. 2.2.4 Cleaned eggs must be sanitized (dipped or sprayed) with water containing a sanitizer that is labelled for use as an egg sanitizer. If a chlorine or sodium hypochlorite solution is used to clean eggs the solution must be of a concentration of not less than 100 PPM nor more than 200 PPM of available chlorine. If a hydrogen peroxide solution is used to clean eggs the solution must be a concentration of 3% hydrogen peroxide or its equivalent. Any other sanitizer must be used in accordance with the product label directions or 3.0 LABELING REQUIREMENTS The following labeling requirements apply to all eggs offered for sale:

3.1 PRODUCER IDENTIFICATION

Every case, carton or, container of eggs at the time of packing shall have legibly printed thereon, in letters and numerals not less than one-eighth inch in height, one (1) of the following means of identification: 3.1.1 The name and address of the producer or person who packed the eggs; or 3.1.2 The United States Department of Agriculture's plant number or shell egg surveillance registration number; or 3.1.3 The egg license number issued to the packer by another state, preceded by the abbreviated name of such state, using the two-letter state abbreviations customarily used for sending mail through the United States Postal Service (e.g., AL-Alabama, AK-Alaska, AZ-Arizona, etc.) ; or 3.1.4 The business identification number issued by the Colorado Department of Agriculture.

3.2 PACK DATE REQUIREMENTS

Every case, carton, or container of eggs at the time of packing shall have legibly printed thereon, in numerals not less than one-eighth inch in height, the date the eggs are first packed, (referred to in these rules as the “pack date”). The pack date shall be stated numerically by month and day (e.g., 1/15), or by the numbered consecutive day of the year (e.g., 123, being the 123rd consecutive day of the year).

3.3 SELL-BY DATE REQUIREMENTS

Every case, carton, or container of eggs may, but need not have legibly printed thereon, in letters and numerals not less than one-eighth inch in height, a date by which the eggs must be sold, which shall be referred to in these rules as the “sell-by date.” The sell-by date shall be no more than 30 days after the pack date. It shall be stated by month and day using the three-letter abbreviation of the month followed by the numerical day of the month (e.g., Jan 15), and preceded by the term SELL BY or EXP.

3.4 SIZE AND GRADE REQUIREMENTS

Every case, carton or container of chicken eggs at the time of packing shall have clearly printed thereon, in letters not less than one-fourth inch in height, the grade and the weight designation as specified in

section 35-21-102(2), C.R.S.; except that Class I Dealers selling fewer than 250 dozen eggs per month to a farmer’s market, community sustained agriculture organization or directly to the household consumer are exempt from these requirements. 3.4.1. Eggs from avian species other than chickens are exempt from size and grade 4.0 SALE REQUIREMENTS 4.1 AGE OF EGGS No eggs may be offered for sale or sold to a consumer or restaurant more than 45 days after the pack date.

4.2 CONTAINERS

It is unlawful for any person to sell or offer for sale eggs in any case, carton, or container on which there is evidence of adhering filth or contamination on the inside or outside thereof, or in any case, carton, or container on which there is printed, stamped, or affixed any trademark, design, or other identification of any person other than the person selling such eggs.

4.3 REPACKAGED EGGS

Dealers that repack eggs from damaged cartons into new cartons for sale to consumers shall comply with the following requirements: 4.3.1 Repacked eggs must be clean and have sound shells. There should be no evidence of yolks, whites or shell fragments from broken eggs on the eggs or carton. 4.3.2 Cartons used to repack eggs must be new and cannot be marked with any name other than the name of the dealer repacking the eggs. 4.3.3 Cartons used to repack eggs must identify the dealer location either by listing the store number or by listing the dealer address on the carton. 4.3.4 Cartons used to repack chicken eggs must be labeled as a particular size and grade. (For example: Grade B Medium). The repackaged eggs must meet the specifications for the size and grade indicated on the repacked carton label. 4.3.5 Repacked egg cartons must list the oldest pack date of the eggs repacked and the date the eggs were repacked must be stated on the carton. Dealers must sell the eggs within 45 days of the oldest pack date. 4.3.6 The carton shall bear the statement, “The eggs in this carton were packed by this store at this location.” 4.3.7 Any other information about the eggs may be included, as long as the information is not misleading to the consumer.

5.0 STOP SALE NOTICES

5.1 DISPOSITION OF EGGS MORE THAN 45 DAYS AFTER PACK DATE

Eggs withdrawn from being offered for sale after the expiration of 45 days after the pack date may be returned to a packer for shipment to an egg breaking plant.

5.2 DISPOSITION OF BELOW-STANDARD SHELL EGGS

Chicken eggs offered for sale by any dealer found to be below the minimum standards and requirements of quality and/or weight for the grade and size labeled, shall be withdrawn from being offered for sale at the time of inspection, pursuant to section 35-21-106(2), C.R.S.

5.3 UNLICENSED DEALERS

Eggs offered for sale by any dealer who is not licensed under the Colorado Egg Law, sections 35-21-101 through 35-21-108, inclusive, C.R.S., may be withdrawn by such person from being offered for sale until such person obtains a validly issued license under said law, and is otherwise in compliance with all of the provisions of the Egg Law and these rules.

6.0 DEALER LICENSE EXPIRATION DATE

The expiration date for all egg dealer licenses shall be December 31.

7.0 DEALER LICENSE CATEGORIES 7.1 The license categories for dealers are based on the average number of cases of eggs (30 dozen per case) sold per week during the previous 12 months.

Dealer categories are as follows:

1. Class I – produces and sells fewer than 40 cases per;

2. Class II – sells up to and including 0.5 cases per week;

3. Class III – sells over 0.5 and up to and including 2 cases per week;

4. Class IV – sells over 2 cases and up to and including 25 cases per week;

5. Class V – sells over 25 cases and up to and including 100 cases per week;

6. Class VI – sells over 100 cases and up to and including 500 cases per week;

7. Class VII – sells over 500 cases per week.

The average number of cases of eggs sold per week shall be calculated by dividing the total number of cases of eggs sold during the previous 12 months by the number of weeks the dealer sold eggs during that same period. If an applicant for a dealer license has not sold eggs during the previous 12 months, a class II license shall be required.

8.0 RESERVED

9.0 RESERVED

10.0 STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

The Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1996 to 1997 are no longer in the Department’s files. 10.1 Emergency Rule Adopted July 1, 2009 – Effective July 1, 2009 The Commissioner's authority for the adoption of these Emergency Rule Amendments is set forth in § 35- 21-106(1), C.R.S. (2008), § 24-4-103(6), C.R.S. (2008), and §§ 35-21-104(1), and 104(4)(b)(I), C.R.S., as enacted in SB 09-127.

The purpose of these Emergency Rule Amendments is to update the rules pertaining to the Colorado Egg Act to comply with the amendments to the Act set forth in SB 09-127.

These Amendments:

a. Replace the terms “retailer” and “wholesaler” with “dealer.”

b. Remove recordkeeping requirements for wholesalers.

c. Establish a license expiration date of June 30.

d. Establish egg dealer license categories based upon the average number of cases of eggs sold per week.

e. Add a section to contain the statements of basis, specific statutory authority and purpose.

The factual and policy issues that require the immediate adoption of these Emergency Rule Amendments are as follows:

1. The Department of Regulatory Agencies performed a Sunset Review in 2008 of the Colorado Egg Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09- 127 effective July 1, 2009, that:

a. Eliminate the terms “wholesalers” or “retailers” from the Act. These terms have been replaced with “dealer” throughout the rules.

b. Established uniform recordkeeping requirements for all licensees, making the current recordkeeping requirements for egg wholesalers in the rule obsolete.

c. Removed the license expiration date from the Act and required the Commissioner to establish by rule. These rules establish a license expiration date of June 30.

d. Removed the license categories from the Act and required the Commissioner to establish them by rule, based upon the average number of cases of eggs sold per week.

2. The Commissioner hereby finds that immediate adoption of these Emergency Rule Amendments is imperatively necessary to comply with the revisions to the Colorado Egg Act, §§ 35-21-101 – 108, C.R.S. enacted by the General Assembly in its 2009 legislative session, which take effect on July 1, 2009. These Emergency Rule Amendments are required to permit the continuous and uninterrupted administration and enforcement of the Act, including the issuance of licenses thereunder. 10.2 Adopted July 16, 2009 – Effective August 30, 2009 The Commissioner's authority for the adoption of these Permanent Rule Amendments is set forth in § 35- 21-106(1), C.R.S. (2008), and §§ 35-21-104(1), and 104(4)(b)(I), C.R.S., as enacted in SB 09-127.

The purpose of these Permanent Rule Amendments is to update the rules pertaining to the Colorado Egg Act to comply with the amendments to the Act set forth in SB 09-127.

These Permanent Rule Amendments:

a. Replace the terms “retailer” and “wholesaler” with “dealer.”

b. Remove recordkeeping requirements for wholesalers.

c. Establish a license expiration date of June 30.

d. Establish egg dealer license categories based upon the average number of cases of eggs sold per week.

e. Add a section to contain the statements of basis, specific statutory authority and purpose.

f. Remove obsolete language that is no longer needed.

The factual and policy issues pertaining to the adoption of these Permanent Rule Amendments are as follows:

1. The Department of Regulatory Agencies performed a Sunset Review in 2008 of the Colorado Egg Act, which resulted in several amendments to the Act enacted by the General Assembly in SB 09- 127 effective July 1, 2009, that:

a. Eliminate the terms “wholesalers” or “retailers” from the Act. These terms have been replaced with “dealer” throughout the rules.

b. Established uniform recordkeeping requirements for all licensees, making the current recordkeeping requirements for egg wholesalers in the rule obsolete.

c. Removed the license expiration date from the Act and required the Commissioner to establish by rule. These rules establish a license expiration date of June 30.

d. Removed the license categories from the Act and required the Commissioner to establish them by rule, based upon the average number of cases of eggs sold per week.

2. The Commissioner intends to adopt Emergency Amendments to the Rules on July 1, 2009 in order to implement the changes to the Act made by the General Assembly in SB 09-127. These Permanent Rule Amendments will make permanent those Emergency Amendments 10.3 Adopted April 9, 2013 – Effective January 1, 2014 The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-21- 104(1) and § 35-1-107(5)(a), C.R.S.

The purpose of this permanent rule amendment is to amend Rule 6 to change the expiration date for an egg dealer license from June 30 to December 31.

The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:

1. This change is necessary to allow the Department to consolidate licensing functions to one time per year for all licenses issued by the ICS Division.

2. The Department of Agriculture is moving its licensing functions from a paper based system to an online system. To accommodate licensee’s who hold multiple licenses with the Department of Agriculture, we are establishing a common licensing date so a licensee can obtain all their licenses in one transaction. 10.4 Adopted September 17, 2014 – Effective November 14, 2014 The Commissioner's authority for the adoption of these permanent rule amendments is set forth in § 35- 21-106(1), § 35-21-104(1), and § 35-21-104(4)(b)(I), C.R.S.

THE PURPOSE OF THIS RULEMAKING IS TO:

1. Adopt a new Rule 1.1.2 to exempt registered USDA egg handlers from the temperature requirements of Rule 1.1.1.

2. Adopt a new Rule 2.2 to specify egg washing requirements for Class I Dealers.

3. Adopt a new Rule 3.1.4 to allow egg producers to use their Colorado Department of Agriculture business identification number on egg cartons.

4. Adopt Rule 3.4.1 to exempt Class I Dealers selling eggs at farmer’s markets and community sustainable agriculture organizations from grading requirements.

5. Remove obsolete language that is no longer needed.

6. Adopt a new Rule 4.3 to specify the egg repacking requirements for retail dealers.

7. Amend Rule 7.1 to clarify the maximum number of egg cases that a Class I Dealer may produce and sell.

The factual and policy issues pertaining to the adoption of these permanent rule amendments are as follows:

1. The Department of Agriculture conducted a regulatory review of these Rules as part of the Department’s Regulatory Efficiency Review Process conducted in accordance with the Governor’s Executive Order D 2012-002. This review resulted in the above changes to the rules.

2. Egg production is regulated by two distinct agencies, the USDA and the Colorado Department of Agriculture. Both agencies have separate regulations. The USDA regulates chicken flocks of greater than 3,000 hens and the Colorado Department of Agriculture regulates flocks of fewer than 3,000 hens. The USDA and the Colorado egg rules have different egg storage and transportation temperature requirements. Rule 1.1.2 eliminates this temperature conflict for large flock producers.

3. Currently small flock egg producers (fewer than 3,000 hens) are not required to wash and sanitize their eggs. Washing and sanitizing eggs will promote public health by reducing the risk of disease.

4. The Colorado Department of Agriculture business identification number was not available when the current rule was adopted. Rule 3.1.4 provides an additional method to identify the egg producer on the egg carton.

5. Generally most consumers buying eggs at farmer’s markets and from community sustainable agriculture organizations are not concerned about the grade of egg but like to buy form a local producer. In addition most small egg producers lack the necessary equipment and training to properly grade their eggs. Rule 3.4.1 will exempt these producers from the egg grading 6. The current Rule 4.2 was adopted many years ago when it was common to sell fertilized eggs.

Fertile eggs are no longer desired and the production of fertile eggs is considered an unacceptable production practice. Therefore the egg carton labelling requirement is obsolete and is no longer needed.

7. Eggs can be damaged (broken or cracked) during shipping and handling at retail stores.

Repacking eggs provides a way for retail egg dealers to sell the eggs instead of discarding the entire carton of eggs.

8. Current Class I Dealers produce and sell fewer than 2 cases of eggs per week. This amendment increases the number of cases produced and sold to 40 per week. This equates to a flock of a little fewer than 3,000 laying hens. The USDA registers and inspects producers with more than 3,000 laying hens. Amended Rule 7.1 ensures that all egg producers are inspected by the Colorado Department of Agriculture or by the USDA. 10.5 Adopted April 14, 2021 – Effective June 15, 2021 STATUTORY AUTHORITY The Commissioner's authority for the adoption of these permanent rule amendments is set forth in § 35-- 21-106(1), C.R.S.

THE PURPOSE OF THIS RULEMAKING IS TO:

Implement the recommendations from the 2019 Egg Dealers Sunset Report from the Colorado Department of Regulatory Agencies. More specifically, this rulemaking broadens the regulations to cover non-chicken eggs from avian species and adjusts temperature requirements to align with USDA regulations.

The 2019 Egg Dealers Sunset Report from the Colorado Department of Regulatory Agencies recommended changes that required rule changes. In addition, these rules address changes required as a result of the Egg Dealer Act found in HB20-1211. These changes included adding the regulation of nonchicken eggs from avian species and authorizing relevant rulemaking authority related to non-chicken eggs. The proposed rule changes give effect to the 2019 Sunset recommendations. _________________________________________________________________________

Editor's Notes

History Sections 1, 2, 4, 5 – 10 emer. rules eff. 07/01/2009.

Entire rule eff. 08/30/2009.

Sections 6, 10.2 – 10.3 eff. 01/01/2014.

Entire rule eff. 11/14/2014.

Entire rule eff. 06/15/2021.

8 CCR 1202-11 Administration and Enforcement of the Commodity Handler and Farm Products Act, Sections 35-36-101 Through 314, C.r.s. {#sec-8-ccr-1202-11 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-11}

DEPARTMENT OF AGRICULTURE

ADMINISTRATION AND ENFORCEMENT OF THE COMMODITY HANDLER AND FARM PRODUCTS

ACT, SECTIONS 35-36-101 THROUGH 314, C.R.S.

8 CCR 1202-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1 Legal Authority 1.1. Section 35-36-103(1)(a), C.R.S.

Part 2 Definitions and Terms 2.1. “The Act” means the Commodity Handler and Farm Products Act; Title 35, Article 36 of the Colorado Revised Statutes. 2.2. “Cash buyer” means a dealer who signs an affidavit stating that the dealer will make payment for each transaction in cash or with a bank-certified check, a bank cashier's check, an irrevocable electronic funds transfer, or a money order at the time the dealer obtains possession or control of the farm products from the owner. 2.3. “Commissioner” means the Commissioner of the Colorado Department of Agriculture 2.4. “Condition” means the process of increasing the storage life of a commodity and minimizing spoilage and quality loss. 2.5. “Department” means the Colorado Department of Agriculture 2.6. “Commodity Handler” means a person: (I) engaged in buying any commodities from the owner for processing or resale; (II) engaged in receiving and taking possession of any commodities from the owner for storage or safekeeping; (III) engaged in soliciting or negotiating sales of commodities between the vendor and purchaser respectively; (IV) who receives on consignment or solicits from the owner of a commodity any kind of commodity for sale on commission on behalf of the owner, who accepts any commodity in trust from the owner of the commodity for the

purpose of resale, or who sells or offers for sale on commission any commodity or in any way handles any commodity for the account of the owner of the commodity; or (V) is engaged in buying any commodity from the owner of the commodity for the commercial feeding of livestock that are owned wholly or in part by another, at an animal feeding operation with a capacity of more than two thousand five hundred head of livestock. Unless otherwise specified, a commodity handler means a public warehouse and public warehouse operator. “Commodity handler” does not include: (I) A bona fide retail grocery merchant or restaurateur having a fixed or established place of business in Colorado if the use of commodities by the person is directly related to the operation of the person's retail grocery or restaurant; or(II) A producer as defined in the “Colorado Cottage Foods Act”, section 25-4-1614 (9)(c), who earns net revenues of ten thousand dollars or less per calendar year from the sale of each eligible food product. 2.7. “Dealer” means a person: (I) engaged in buying any farm products from the owner for processing or resale; (II) engaged in receiving and taking possession of any farm products from the owner for storage or safekeeping; (III) engaged in soliciting or negotiating sales of farm products between the vendor and purchaser respectively; (IV) who receives on consignment or solicits from the owner of a farm product any kind of farm product for sale on commission on behalf of the owner, who accepts any farm product in trust from the owner of the farm product for the purpose of resale, or who sells or offers for sale on commission any farm product or in any way handles any farm product for the account of, or as an agent of, the owner of the farm product; or (V) is engaged in buying any farm products or commodities from the owner of the farm products or commodities for the commercial feeding of livestock that are owned wholly or in part by another, at an animal feeding operation with a capacity of more than two thousand five hundred head of livestock. “Dealer” does not include:(I) A bona fide retail grocery merchant or restaurateur having a fixed or established place of business in Colorado if the use of farm products by the person is directly related to the operation of the person's retail grocery or restaurant; or (II) A producer as defined in the “Colorado Cottage Foods Act”, section 25-4-1614 (9)(c), who earns net revenues of ten thousand dollars or less per calendar year from the sale of each eligible food product. 2.8. “Financial statement” means a statement prepared according to generally accepted accounting principles (GAAP) that accurately presents the financial condition of the applicant or licensee and that includes, at a minimum, a balance sheet and statement of income. 2.9. “Financial assurance” means the mechanisms used by a licensee to demonstrate that the funds necessary to meet the cost of closure, post closure maintenance and monitoring, and corrective action will be available whenever they are needed. 2.10. “Licensee” unless specifically clarified with the rule, means a commodity handler or farm products dealer, including public warehouse operator, small-volume dealer, or cash buyer that must be licensed. 2.11. “Public warehouse” - means an elevator, mill, warehouse, or other structure in which commodities are received from one or more members of the public for storage. 2.12. “Small-volume commodity handler” means a person who has a fixed or established place of business in Colorado; engages in commodities handling; buys less than $250,000 worth of commodities and farm products per year from owners for processing or resale and does not purchase commodities for commercial feeding of livestock. 2.13. “Small-volume dealer” means a person who does not qualify as a “dealer” under section 35-36- 102, (12)(a)(II) to 12(a)(V), C.R.S.; has a fixed or established place of business in Colorado; buys less than twenty thousand dollars worth of farm products or commodities, in aggregate, per year from the owners for processing or resale; and does not purchase farm products for commercial feeding of livestock. 2.14. “Spoilage” means grain with quality deterioration due to moisture migrations, mold, insect damage, heat damage, or other factors. 2.15. “Quality and quantity” means the legal, operational, managerial, and financial liability of the warehouse operator for any grain obligation(s), including company-owned grain, handled or stored by the warehouse operator.

Part 3 Initial and Renewal License Application Requirements and Documentation for a Commodity Handlers (Including a Public Warehouse) 3.1. No person shall act as a commodity handler in the state of Colorado without having first obtained a license from the Department. The annual expiration date for a license is the last day of December. 3.2. A new applicant must submit the most recent financial statement available when submitting an application for a new license. Once licensed, a commodity handler must submit an annual financial statement within 90 calendar days from the end of the commodity hander’s fiscal year. 3.2.1. A small-volume commodity handler is exempt from the licensure requirements so long as they do not enter into credit-sale contracts. 3.3. In addition to the application requirements set forth in the Act, a commodity handler applicant or licensee, including a public warehouse, must submit the following information with any new license application or application for renewal: 3.3.1. The original copy of the surety bond or irrevocable letter of credit; 3.3.2. An annual report on the status of all credit sales contracts that are currently open or have been completed or cancelled within one year from the date of the report. The report must contain the following information for each credit sales contract:

• Name and contact information of the producer or owner;

• Contract number;

• Contract dollar amount;

• Date the contract was signed by both parties;

• Date the contract ends;

• Status of the contract: open or closed; and • Aggregate total of outstanding payments 3.3.3. A financial statement, consisting at a minimum of a balance sheet and income statement, that is prepared according to generally accepted accounting principles (GAAP); 3.3.4. A public warehouse must submit evidence of minimum provisional insurance coverage; 3.3.5. A public warehouse must submit a schedule of charges with a new license application.

An amended schedule of charges must be submitted to the Department any time a change occurs. The schedule must contain: rates to be charged for storage, receiving, loadout, cleaning, drying, and any other charges applicable to the conditioning or processing of grain delivered to the warehouse. The schedule of charges also must set forth any minimum charges, shrinks, or time limits applicable to grain storage accounts. 3.3.6. In addition to complying with all application requirements set forth in the Act, an applicant for a public warehouse license must demonstrate the following conditions before being issued a license:

• The flooring is steel or concrete, except for wooden elevators and raised aeration floors;

• The sidewalls are rigid and self-supporting;

• The space is immobile;

• There is adequate means of entrance and exit to the storage space; and • The space is otherwise capable of maintaining the quantity and quality of grain stored in it.

Part 4 Initial and Renewal License Application Requirements and Documentation for a Farm Product Dealer (Includes Cash Buyer, and Small-Volume Dealer) 4.1. No person shall act as a farm product dealer in the state of Colorado without having first obtained a license from the Department. The annual expiration date for a license is the last day of December. 4.2. In addition to the application requirements set forth in the Act, a farm products dealer applicant or licensee must submit the following information with any new license application or application for renewal: 4.2.1. The original copy of the surety bond or irrevocable letter of credit. This requirement is not applicable to a cash buyer or small volume dealer; and 4.2.2. A signed Cash Buyer Bond Declaration for any applicant or licensee applying to be a cash buyer. 4.3. A farm product dealer who enters into credit sales contracts must submit the following additional documentation with any new license application or application for renewal: 4.3.1. A financial statement consisting, at a minimum of a balance sheet and income statement that are prepared according to generally accepted accounting principles (GAAP); 4.3.2. A new applicant must submit the most recent financial statement available when submitting an application for a new license. Once licensed, a farm products dealer must submit an annual financial statement within 90 calendar days from the end of the farm products dealer fiscal year; 4.3.3. An annual report on the status of all credit-sale contracts that are currently open or have been completed or cancelled within one year from the date of the report. The report must contain the following information for each credit-sale contract:

• Name and contact information of the producer or owner;

• Contract number;

• Contract dollar amount;

• Date the contract was signed by both parties;

• Date the contract ends;

• Status of the contract: open or closed; and • Aggregate total of outstanding payments.

Part 5 Capacity of Animal Feeding Operations 5.1. The capacity of an animal feeding operation shall be determined by the total length of the operation’s feed bunks. In calculating the capacity, each linear foot of feed bunk shall equal one animal.

Part 6 Requirements for Public Warehouse Operations-Facility Requirements, Storage Capacity and Emergency and Temporary Storage Requirements. 6.1. Public Warehouse Operations. The public warehouse must ensure the facility conditions and equipment are suitable for the storing and shipping of commodities and must ensure: 6.1.1. The physical condition of the public warehouse is able to protect against weather conditions that may cause deterioration of the commodities stored therein; 6.1.2. The public warehouse possesses handling equipment that is in good working order and sufficient to transfer commodities safely into and out of the warehouse, and to otherwise maintain the quality of the commodity while in storage; 6.1.3. The public warehouse possesses scales that are of sufficient capacity to efficiently and accurately weigh commodities into and out of the warehouse; and 6.1.4. All areas of the public warehouse in which a commodity is stored can be safely measured during a Department examination. If any area of a public warehouse is unsafe to examine, only the area(s) the examiner can safely inspect will be included in the inventory of that examination. 6.2. Facility Requirements. A public warehouse must comply with the following: 6.2.1. Ensure all grain is stored in approved warehouse space; 6.2.2. Store all grain in a manner that permits easy access for inspecting, sampling, measuring and identification; 6.2.3. Allow for complete access to storage bins for inspection purposes by providing ladders and access to inspection doors and manways; 6.2.4. Securely affix clearly discernible numbers to identify grain bins and other authorized licensed storage areas. Temporary and emergency storage must be numbered in such a manner that clearly shows the approved space; 6.2.5. Maintain warehouse(s) in sound physical condition consistent with good warehousing practices; and 6.2.6. Keep the warehouse and the property on which it is located clean and safe at all times. 6.3. Storage Capacity. Approved storage space may be used only when all other licensing requirements have been met, and a public warehouse license has been issued by the Commissioner. 6.3.1. The licensed storage capacity of the public warehouse may be increased upon the Commissioner’s written verification that the space to be added meets all necessary requirements. Prior to using any additional space, the warehouse operator, based on the increased capacity, must increase stock insurance and its surety bond to the amounts required pursuant to sections 35-36-204, C.R.S., and 35-36-216(1)(a), C.R.S. 6.3.2. The licensed storage capacity of the public warehouse may be decreased, or space deleted from a license. However, if the space is connected to other licensed space by grain transporting equipment, the Commissioner may consider the space as a single functional unit and require the space to remain licensed. 6.4. Emergency and Temporary Storage. The public warehouse operator may, under the Commissioner’s sole discretion, license emergency or temporary storage space for commodities.

The requirements for flooring, sidewalls, and immobility in Part 3.3.6 may be modified by the Commissioner for emergency or temporary storage on a case-by-case basis. Any request for such exemption must demonstrate adequate protection for any stored commodity. 6.4.1. Prior to utilizing emergency or temporary space, a public warehouse operator must:

• Submit a written request to the Department for the use of the emergency or temporary storage, including the location and the total bushel amount to be stored;

• Operate the emergency and temporary storage space in conjunction with the licensed warehouse;

• Meet all bonding, net worth, financial assurance and insurance requirements;

• Provide access to the emergency and temporary storage space for examination purposes;

• Maintain separate inventory records of each commodity stored in emergency and temporary storage space, as well as accounting for such commodities in the Daily Position Report; and • Provide notification to the Department of the date when all the commodities stored in temporary and emergency space have been removed. 6.4.2. A public warehouse operator requesting the use of temporary storage, including but not limited to grain storage bags, must:

• Use asphalt, concrete or other approved base materials;

• Use rigid self-supporting sidewalls;

• Provide adequate aeration;

• Provide acceptable covering or tarp;

• Provide written notification before reusing licensed temporary space for another crop year; and • Pick up all grain in temporary storage by July 1. Additional time to pick up grain may be requested so long as the grain is in adequate condition. 6.4.3. A public warehouse operator requesting the use of emergency storage must pick up all grain in emergency storage by May 1. Additional time to pick up grain in emergency storage may be requested so long as the grain to be picked up is still in adequate condition.

Part 7 Bond Schedule - Alternative Bond Schedule Requirements 7.1. Each licensee required to obtain a surety bond or irrevocable letter of credit must determine the minimum amount of coverage by the following methods: 7.1.1. Commodity Handler: bond amounts must be determined by calculating 2% of the annual Colorado commodity purchases and transactions in the previous calendar year.

Transactions include the value of brokered commodities.

• Minimum bond of $10,000 • Maximum bond of $1,000,000 7.1.2. Commodity Handler (Public Warehouse)

• $.10/bu. for grain storage capacity and/ or $.50/cwt of bean storage capacity.

• Minimum bond of $25,000 • Maximum bond of $1,000,000. 7.1.3. Farm Products Dealers: bond amounts must be determined by calculating 2% of the annual Colorado farm product purchases and transactions in the previous calendar year.

Transactions include the value of brokered farm products.

• Minimum bond of $3,000 • Maximum bond of $1,000,000 • Farm products dealers: $5,000 minimum • Farm products brokers: $10,000 minimum • Farm products dealers dealing only in fruits and vegetables: $3,000 minimum 7.1.4. Farm products Dealers with storage facilities: $10,000 minimum 7.1.5. Farm Products Dealers purchasing only sugar beets: bond amounts must be determined by calculating 1% of the annual Colorado farm product purchases and transactions in the previous calendar year. 7.2. If an applicant fails to file a bond or an irrevocable letter of credit meeting the requirements of

section 11-35-101.5, C.R.S., within ninety (90) calendar days of the date of application, the application is void. The license fee will not be refunded. 7.2.1. Any subsequent application for a license shall require a new license application and license fee. 7.3. A commodity handler or farm products dealer licensee may petition the Commissioner for a reduction in the required bond amount or irrevocable letter of credit. Licensees that are approved for a reduction may base their bond amounts by calculating 1% of the annual Colorado commodity or farm products purchases and transactions in the previous calendar year. To qualify, a licensee must meet the following requirements: 7.3.1. Provide a written petition for a reduction in the required bond or irrevocable letter of credit amount that demonstrates their compliance with the requirements of Part 7.3; 7.3.2. Have had a license, and been in good standing, for the previous three years, and have not had any verified claim and complaint on file with the CDA in the past three years; and 7.3.3. Provide annual certified financial statements or an audit, prepared by a certified public accountant, that demonstrates the licensee meets the following financial criteria for the current year, plus the previous two years:

• Current ratio (current assets / current liabilities) equal to at least 1.15:1.

• Debt to equity ratio (total debt / total equity); less than .6:1 • Positive working capital (current assets - current liabilities). 7.3.4. A commodity handler or farm products dealer licensee that is unable to meet two of three financial criteria in Parts 7.3.3 may provide alternative documentation for consideration by the commissioner that adequately demonstrates a similar level of financial assurance and stability. Requirements in Parts 7.3.1 and 7.3.2 must be met and annual certified financial statements or an audit prepared by a certified public accountant as required in Part 7.3.3 must be provided. 7.3.5. The Commissioner shall approve or deny a request for a reduced bond amount in the Commissioner’s sole discretion. The Commissioner may consult with the Agriculture Commission. 7.3.6. Licensees who are granted a bond or irrevocable letter of credit reduction must conspicuously post the approval from the commissioner. 7.3.7. A reduction in the required bond or irrevocable letter of credit amount is not guaranteed even if all the requirements of Part 7.3 are met. Any reduced bond amount may be denied, awarded or revoked at the sole discretion of the Commissioner. 7.3.8. A licensee must monitor their ability to qualify for a reduced bond or irrevocable letter of credit on a annual basis, and must notify the Commissioner if they no longer meet the requirements defined in Part 7.3. and must secure a new bond or irrevocable letter of credit in the amount required in Part 7.2. within 30 calendar days from the date of notification. 7.3.9. An owner who sells a commodity to a small volume commodity handler who is exempt from the requirement to license as a commodity handler, as defined in section 35-36- 102(33), C.R.S., is not eligible to file a claim under section 35-36-216(1)(c)(I), C.R.S., for any loss or damage sustained from the sale of commodities to a small volume commodity handler exempt from licensing.

Part 8 Irrevocable Letters of Credit In Lieu Of Surety Bonds 8.1. These rules shall apply to all irrevocable letters of credit that are submitted by licensees under the Act in lieu of a surety bond required by the Act as a condition of licensure. 8.2. A licensee may submit an irrevocable letter of credit issued by a state or national bank, or by a state or federal savings and loan association doing business in Colorado, or by a bank for cooperatives organized pursuant to federal statutes, serving the region in which the state of Colorado is located, that currently meets all applicable minimum capital requirements imposed under state and/or federal law, in lieu of a surety bond required by the provisions of sections 35- 36-216, C.R.S., and 35-36-304, C.R.S. 8.3. The beneficiary named in the letter of credit shall be the Colorado Commissioner of Agriculture in favor of the people of the state of Colorado. Payment shall be made immediately upon presentation of sight draft(s) signed by the Commissioner of Agriculture, or their designated representative, without accompanying supporting documentation. 8.4. All letters of credit shall conform to the Commissioner’s standard letter of credit form. A standard letter of credit form is available upon request from the Division of Inspection and Consumer Services, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021 and available on the Department’s website at www.colorado.gov/ag/ics. 8.5. A sight draft upon a letter of credit may be presented for payment for the reasons that surety bond proceeds may be demanded for disbursement under the provisions of Title 35, Article 36, C.R.S. 8.6. Letters of credit shall have a term of three (3) years and shall be automatically renewable for additional one (1) year term. Any authorization of a shorter time period shall be at the sole discretion of the Commissioner or designee. A letter of credit may be revoked by the licensee or issuer only at its expiration date, and by giving the Commissioner at least one hundred twenty (120) calendar days written notice prior to the expiration date. Notice is deemed to have been given as of its receipt by the Commissioner. Upon such notice timely received, the licensee shall be required to arrange for substitution of a suitable surety bond or another irrevocable letter of credit that meets the requirements of Sections 35-36-216 and 35-36-304, C.R.S., at least sixty (60) days prior to the expiration of the letter of credit. If the Commissioner does not timely receive satisfactory evidence of such arrangements, the Commissioner may proceed in accordance with the provisions of sections 35-36-205(1)(e) or 35-36-306(1)(d), C.R.S., as applicable. 8.7. If a licensee desires to surrender its license and requests the release of a letter of credit, the licensee must return its license and make written request by certified mail, return receipt requested, for the release of the letter of credit. The Commissioner shall retain the letter of credit for a period of 548 calendar days, approximately 18 months, following receipt of the written request and the returned license, or until such time that the Commissioner is satisfied that no claims against the licensee exist, before notice of release is transmitted to the issuer. 8.8. In the event that a licensee desires to substitute a surety bond for a letter of credit, then in possession of the Commissioner, the letter of credit shall remain in force for a period of 548 calendar days, approximately 18 months, following the effective date of the surety bond, or for such time as may be required to fully ascertain the existence of any claims against the licensee, whichever period is longer. Thereafter, notice of release shall be transmitted to the issuer of the letter credit. 8.9. In the event that a plurality of letters of credit from any number of issuers are presented in satisfaction of a licensee's bonding obligation, the Commissioner may satisfy claims under the applicable provisions of Title 35, Article 36, C.R.S., by presentment of sight drafts against one (1) or more such letters of credit, without regard to proration. 8.10. A licensee shall be required to augment letters of credit in any situation where it would be required to increase its coverage under a surety bond. Such augmentation shall be commensurate to the increased surety bond coverage requirement. The new letter of credit issued in the new required amount may be substituted for a prior letter upon the renewal date of the prior letter. 8.11. A licensee or prospective licensee may present any combination of letters of credit and surety bonds in satisfaction of its bonding requirement under the applicable provisions of Title 35, Article 36, C.R.S. In making disbursements for claims, the Commissioner shall draw upon the letter(s) of credit first and make demand upon surety bond(s) second.

Part 9 Requirements for Maintaining Records For the purposes of Article 36 of the Act, a commodity handler and farm products dealer shall maintain legible, accurate and complete records and systems of filing for the accounting of all transactions including scale tickets, settlement sheets, and daily position reports. 9.1. Commodity Handlers 9.1.1. Must maintain accurate and complete records at the place of business recorded on the license application. 9.1.2. A commodity handler must maintain scale tickets issued in numerical sequence. 9.1.3. Scale tickets must contain the following:

• Scale ticket number;

• Net weight;

• Dockage;

• Date;

• Owner’s name;

• Commodity handler’s name or small-volume commodity handler’s name;

• Commodity test weight with dockage and grade, if applicable;

• Gross weight;

• Tare weight; and • Net weight. 9.1.4. A commodity handler must maintain settlement sheets for each depositor. 9.1.5. All settlement sheets must include the following information:

• The owner’s name and address;

• The scale ticket numbers;

• Total receipts of all commodities by type;

• Total withdrawals;

• Test weight and grade;

• The date of deliveries;

• The price per bushel or unit;

• The date and amount of payment; and • If a credit sale contract is used, the credit sale contract number must be included in the settlement sheet. 9.1.6. The Daily Position Report must, at the close of each business day, include an accurate and complete record of each kind and class of commodity based on source documents.

In addition, it must include the following:

• Total stocks by commodities received or loaded out;

• Forwarding of commodities to terminal storage;

• Conversions of whole commodities to feed;

• Negotiable warehouse receipt obligations;

• Open storage obligations for each kind and class of commodities;

• Open credit-sale contracts;

• Public-warehouse-owned commodities; and • If licensed as a public warehouse, the Daily Position Report must also include the total storage obligations. 9.1.7. In addition to the Daily Position Report requirements in Part 9.1.6., a commodity handler licensed as a public warehouse must maintain the following additional documents:

• A complete and accurate record of corrections and adjustments made to the Daily Position Report;

• Records of each holder of a warehouse receipt;

• Records of direct-shipment grain delivered directly from the owner to the purchaser; and • An accurate and complete accounting system of all money received and disbursed. 9.2. Farm Products Dealers 9.2.1. Farm Products Dealers must maintain accurate and complete records at the place of business recorded on the license application. Such records must include: 9.2.1.1. Any and all ledgers, books of accounts, memoranda, and other documents which relate to farm products purchases and storage transactions. Including:

• Procurement contracts;

• Sales contracts;

• Credit-sale contracts;

• Storage contracts;

• Procurement Invoices; and • Sales Invoices. 9.2.2. A current record of all farm products credit-sale contract obligations pursuant to section 35-36-307, C.R.S., including all payments and unpaid balances. 9.3. Commodity Handlers and Farm Products Dealer Records Inspections. 9.3.1. All financial records, commodity handling records, farm product dealing records, and payment records must be available for inspection by the Department during ordinary business hours. 9.3.2. Ordinary business hours are from 8 a.m. to 5 p.m., Mountain Standard Time, Monday through Friday, except holidays.

Part 10 Financial Assurance Requirements A commodity handler and farm products dealer must maintain acceptable financial assurances as defined by the Commissioner in Part 2.8. 10.1. A commodity handler and farm product dealer who offers credit-sale contracts must: 10.1.1. Submit a financial statement within ninety (90) calendar days after fiscal year end that conforms to the applicable requirements of sections 35-36-204(1)(b) and 35-36-307(3), C.R.S. 10.1.2. The Department may grant an extension of no more than sixty (60) calendar days, if requested in writing by a licensee or applicant prior to the date the financial statement is due. 10.1.3. The financial statement must consist of the following documents prepared in accordance with generally accepted accounting principles (GAAP):

• A balance sheet;

• A statement of income; and • Financial statement notes, if any. 10.1.4. If the financial statement is restated, recalculated, or republished, the licensee must notify the Department in writing within seven (7) calendar days. 10.2. Commodity Handler-Public Warehouse 10.2.1. In addition to the requirements in Part 10.1 of this rule, a public warehouse must also have and maintain a total allowable net worth of at least the amount obtained by multiplying $0.25 by the approved warehouse storage capacity in bushels or by multiplying $1.25 warehouse dry bean storage capacity in hundredweight. 10.2.2. An Additional bond may be required if a public warehouse net worth falls below $0.25/bu. of grain storage capacity and/or $1.25/cwt bean storage capacity.

Part 11 Negotiable Commodity Warehouse Receipts 11.1. All negotiable commodity warehouse receipts. 11.1.1. All negotiable commodity warehouse receipts shall be issued no later than the close of the next business day following demand by the depositor or depositor’s agent. 11.1.2. All negotiable commodity warehouse receipts shall include the following information:

• The person to whom the receipt is issued;

• The location of the storing warehouse;

• The storage rate;

• The date issued;

• The type of grain;

• The grade and sub class of the grain;

• The dock percentage;

• The pounds of grain including dock;

• The gross bushels;

• The net pounds;

• The net bushels;

• The hundred weight (for grain sorghums);

• The elevation charges prepaid per bushel in and out;

• The date storage paid to; and • The signature of the warehouse operator or authorized agent for the warehouse operator. 11.1.3. No more than one product, or grade or value of a product, shall be shown on a negotiable commodity warehouse receipt. 11.1.4. Any errors in a negotiable commodity warehouse receipt shall be corrected by cancellation and replacement of the receipt. No alterations shall be made to a negotiable commodity warehouse receipt after it is issued. 11.1.5. A collateral negotiable commodity warehouse receipt cannot be issued for grain received under a credit-sale contract except for the percentage of bushels paid for through advances to the seller. The amount and percentage of advances shall be shown on the face of the credit-sale contract. 11.1.6. No negotiable commodity warehouse receipt shall be canceled by a warehouse operator unless:

• The product represented by the receipt has been removed from storage by the owner; or • The product has been purchased and paid for; or • A replacement receipt is issued at the time the receipt is canceled; or • The product represented by the receipt is purchased under a properly executed credit-sale contract. 11.2. Paper negotiable commodity warehouse receipts. 11.2.1. When a commodity represented by a paper negotiable commodity warehouse receipt is delivered to the holder of that receipt, or purchased by the warehouse, the receipt shall be marked “canceled,” signed or initialed, and dated by the commodity warehouse operator. The receipt shall include the check number, invoice reference, or credit-sale contract reference number as applicable. The commodity warehouse operator shall retain, in a separate file, all receipts cancelled by the operator. At the time of inspection or examination by the Department, the warehouse operator shall present the receipts to be canceled by the Department. 11.2.2. If only a portion of the commodity represented by a paper negotiable commodity warehouse receipt is delivered, the receipt shall be dated, signed or initialed, and marked “canceled” by the commodity warehouse operator. A new receipt shall be issued covering the balance of the commodity remaining in storage the same day as the original receipt is canceled. The new receipt shall specify the balance of the remaining commodity and the number(s) of the prior receipt(s). 11.2.3. To cancel a paper negotiable commodity warehouse receipt, a commodity warehouse operator shall mark the face of the receipt “canceled,” sign or initial, and date it, and record the disposition of the receipt, including the check number or contract number as applicable. 11.2.4. A commodity warehouse operator whose license has been relinquished or revoked shall return all unissued paper negotiable commodity warehouse receipts to the Department within thirty (30) days of such action. 11.2.5. When a commodity warehouse operator’s license has been relinquished or revoked, all stored commodities for which negotiable commodity paper warehouse receipts or scale tickets have been issued shall be either purchased and paid for or returned to their holders, within thirty (30) days, except when the warehouse continues operation under new ownership, the storage obligations are assumed by another licensee, or the warehouse is placed in receivership. Upon completion of delivery to a receipt holder or the reissuance of a receipt under a new license, the commodity warehouse operator shall immediately mark “canceled,” sign or initial, and date the original receipt on its face, and forward such receipt to the Department. When the storage obligations are assumed by a new licensee, new negotiable commodity warehouse receipts shall be issued under the new licensee name for all open receipts. 11.2.6. No commodity represented by a paper negotiable commodity warehouse receipt shall be delivered until the original receipt is returned to the commodity warehouse operator. 11.2.7. If a paper negotiable commodity warehouse receipt has been destroyed or lost by the commodity warehouse operator, the operator shall prepare a notarized affidavit in duplicate stating that the receipt was lost or destroyed and specifying the date that such loss or destruction occurred. The affidavit shall state that no obligation is due any person under that paper receipt. The affidavit shall be held in lieu of the original copy of the receipt. If the lost receipt is found, it shall be forwarded immediately to the Department for cancellation. If a depositor’s name is on the receipt, the commodity warehouse operator shall also obtain a written statement from the depositor that confirms that the depositor has received or been paid for the commodity and that the depositor has no further claim against said receipt. 11.3. Electronic negotiable commodity warehouse receipts. 11.3.1. Prior to entering into an agreement with an electronic commodity warehouse receipt provider to issue such receipts, a commodity warehouse operator must provide a copy of the proposed agreement to the Department for review and approval. A commodity warehouse operator shall not issue electronic negotiable commodity warehouse receipts until and unless the Department approves its agreement with an electronic commodity warehouse receipt provider and notifies the operator of such approval. 11.3.2. In order to be approved by the Department, an electronic commodity warehouse receipt provider agreement shall:

• Provide for the Department to become a joint holder on all open electronic negotiable commodity warehouse receipts if the issuing commodity warehouse operator’s license is relinquished or revoked;

• Require the provider to provide security as required by its provider agreement with the USDA regarding on-site security, data authorization, security plans, and facility vulnerability;

• Prohibit the provider from deleting or altering any electronic negotiable commodity warehouse receipts in the centralized filing system unless such actions are authorized by the Department;

• Require the provider to maintain all electronic negotiable commodity warehouse receipts in secure data storage for a period of six (6) years after their cancellation dates;

• Require the provider to provide the Department free unrestricted access to the centralized filing system and related backup files; and • Require the provider, when a commodity warehouse operator changes providers, to supply the new provider and the warehouse operator with a complete list of all the current holders of open electronic negotiable commodity warehouse receipts prior to the intended transfer date. 11.3.3. Commodity warehouse operators may change providers only once a year unless otherwise permitted by the Department. 11.3.4. A commodity warehouse operator shall notify the Department thirty (30) calendar days prior to the intended date of any transfer to a new provider. Such notification shall include the exact date of the proposed transfer. The operator must also, thirty (30) days prior to the intended transfer date, send notices of the change to the holders of all open electronic negotiable commodity warehouse receipts. The notices shall specify the date and time period during which access to receipts will not be available. 11.3.5. When a commodity warehouse operator’s license has been relinquished or revoked, all stored commodities for which negotiable commodity electronic warehouse receipts have been issued shall be either purchased and paid for or returned to their holders, within thirty (30) days, except when the warehouse continues operation under new ownership, the storage obligations are assumed by another licensee, or the warehouse is placed in receivership. Upon completion of delivery to a receipt holder or the reissuance of a receipt under a new license, the commodity warehouse operator shall immediately cancel the receipt.

Part 12 Requirements for Credit-Sale Contracts 12.1. When a farm products dealer, small-volume farm products dealer, or commodity handler issues a credit-sale contract, the contract must include the following, which is in addition to the requirements in section 35-36-207(1) and 35-36-307(1) C.R.S.:

• The signature of the producer or the owner;

• The signature of the commodity handler or farm products dealer’s authorized agent, and • A completion date, or date payment is due. 12.2. When a farm products dealer or small-volume dealer receives farm products for which payment has not been made, the farm products dealer or small-volume dealer, within thirty (30) calendar days after the receipt of such farm products, shall provide the producer or owner of the farm products with a credit-sale contract containing the statement: “this contract constitutes a voluntary extension of credit by the owner to the dealer or small-volume dealer. The surety bond or irrevocable letter of credit of the dealer or small-volume dealer may not completely protect the owner from financial loss in the event of a failure of the dealer or small-volume dealer.” Such statement shall be conspicuously printed on the first page of the contract, in the same font and font size as the majority of the text in the contract. 12.3. When a commodity handler receives commodities for which payment has not been made, the commodity handler, within thirty (30) calendar days after the receipt of such commodities, shall provide the producer or owner of the commodities with a credit-sale contract containing the statement: “this contract constitutes a voluntary extension of credit by the owner to the commodity handler. The surety bond or irrevocable letter of credit of the commodity handler may not completely protect the owner from financial loss in the event of a failure of the commodity handler.” Such statement shall be conspicuously printed on the first page of the contract, in the same font and font size as the majority of the text within the contract. 12.4. A commodity handler issuing credit sale contracts shall maintain positive working capital and a current ratio equal to or greater than one-to-one. 12.5. When a dealer, small-volume dealer, or commodity handler reaches the completion date, or the date payment is due on a credit-sale contract, for which payment has not been made, a new contract shall be entered into.

Part 13 Statements of Basis, Specific Statutory Authority and Purpose A. Adopted November 1, 2007 – Effective December 30, 2007 Statutory Authority:

These Rules pertaining to the administration and enforcement of the Farm Products and Commodity Handler Acts, § 12-16-101 - 223, C.R.S., are proposed for adoption by the Commissioner pursuant to his

authority in § 12-16-117(1) C.R.S. and § 12-16-210(1), C.R.S.

Purpose:

The purposes of these rules are to implement the statutory changes to the Farm Products and Commodity Handler Acts which required the Commissioner to: (1) establish rules to determine the capacity of animal feeding operations; and (2) establish rules to specify the licensure dates of a dealer, small volume dealer, agent, and commodity handler.

Factual Basis:

1. Sections 12-16-103(4)(a)(V) and 12-16-202(4.5)(a)(V), C.R.S. (2007), require the Commissioner to establish rules to determine the capacity of animal feeding operations. Factual information provided by the industry and Iowa State University support the use of one linear foot of feed bunk per animal to calculate such capacity.

2. Sections 12-16-104 (4) and 12-16-203 (2), C.R.S. (2007) require the Commissioner to specify by

rule the expiration dates of dealer, small volume dealer, agent, and commodity handler licenses.

B. Adopted April 9, 2013 – Effective January 1, 2014 STATUTORY AUTHORITY:

The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § § 12-16- 104(4), § 35-16- 206(2) and § 35-1-107(5)(a), C.R.S.

PURPOSE:

The purpose of this permanent rule amendment is to amend Section 2 to change the expiration date for a dealer, small volume dealer, agent and commodity handler license from the last day of February to December 31.

FACTUAL AND POLICY BASIS:

The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:

1. This change is necessary to allow the Department to consolidate licensing functions to one time per year for all licenses issued by the ICS Division.

2. The Department of Agriculture is moving its licensing functions from a paper based system to an online system. To accommodate licensee’s who hold multiple licenses with the Department of Agriculture, we are establishing a common licensing date so a licensee can obtain all their licenses in one transaction.

C. Adopted June 11, 2014 - Effective July 30, 2014 STATUTORY AUTHORITY:

The Commissioner's authority for the adoption of these rule amendments are set forth in Sections 12-16- 104(4), 12-16-110.5(1)(e), 12-16-117(1), 12-16-206(2), 12-16-208(1)(f), 12-16-210(1), 12-16-211(4) and 35-1-107(5)(a), C.R.S.

PURPOSE:

The purposes of these rule amendments are to:

1. Create a new Part 4 to require a statement in a credit sales contract that warns a producer that entering into such a contract entails a risk that the bond may not completely protect the producer from loss in the event of a failure of the dealer, small volume dealer, or commodity handler.

2. Create a new Part 5 to consolidate the rules that applied to letters of credit and create uniformity between bonds and letters of credit so the process and timelines for both are the same, and to accept letters of credit issued by a farm credit administration bank for cooperatives.

3. Create a new Part 6.1 to regulate the issuance, of all negotiable commodity warehouse receipts.

Provide for the correct issuance, transfer and cancellation of all negotiable commodity warehouse receipts.

4. Create a new Part 6.2 to establish regulations specific to the issuance, transfer and cancellation of paper negotiable commodity warehouse receipts.

5. Create a new Part 6.3 to establish regulations specific to the issuance, transfer and cancellation of electronic negotiable commodity warehouse receipts.

Factual and Policy Basis:

The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:

1. House Bill 13-1034 amended Sections 12-16-110.5 and 12-16-208, C.R.S. to require the commissioner to specify a statement by rule that warns a producer that entering into a credit sales contract entails a risk that the bond may not completely protect the producer from loss in the event of a failure of the dealer, small volume dealer, or commodity handler. This bill also extended the timeline for a warehouse to issue a credit sales contract from sixty (60) days to thirty (30) days.

2. Rule 8 CCR 1202-08 was struck and reinstated into rule 8 CCR 1202-11 with amendments.

House Bill 13-1034 amended Sections 12-16-106 and 12-16-218 C.R.S. to change the liability of bonds and letters of credit from twenty four (24) months to one hundred eighty (180) days and created uniformity between bonds and letters of credit so the process and timeliness for both are the same. The current Department letter of credit form and Section 11-35-101.5 C.R.S. both allow for the acceptance of letters of credit issued by a farm credit administration bank for cooperatives.

3. House Bill 13-1034 amended Section 12-16-211, C.R.S. the amendment allows for the use of negotiable electronic negotiable commodity warehouse receipts in addition to paper negotiable commodity warehouse receipts. Prior to HB 13-1034, only paper negotiable commodity warehouse receipts were allowed to be used. Going forward an owner of commodities can use both paper and electronic negotiable warehouse receipts. These rules are needed to regulate the issuance, use, and records requirements of both paper and electronic negotiable warehouse receipts.

4. House Bill 13-1034 amended Section 12-16-211(2), C.R.S. the amendment allows for the issuance of paper negotiable commodity warehouse receipts and makes the Department the sole source of paper negotiable warehouse receipts. The amendment requires the Department to furnish these receipts at cost to licensed warehouse operators. Since paper negotiable warehouse receipts are a physical document there is a difference in how paper and electronic warehouse receipts are handled by the owner of commodities and the warehouse operator.

These rules are needed to regulate the issuance, use, and records requirements of paper negotiable warehouse receipts.

5. House Bill 13-1034 amended Section 12-16-211(3), C.R.S. the amendment allows for the issuance of electronic negotiable commodity warehouse receipts generated by a vendor approved by the United States Department of Agriculture instead of paper negotiable warehouse receipts. These rules are needed to ensure data is secure, not changed inappropriately and only released to authorized parties. These rules are also needed to ensure the centralized filing system is operated by an approved neutral third party vendor in a confidential and secure fashion independent of any outside influence or bias in action or appearance.

D. Adopted June 9, 2021 – Effective July 30, 2021 STATUTORY AUTHORITY The Commissioner’s statutory authority for the adoption of this permanent rule amendment is set forth in

section 35-36-103(1), C.R.S.

PURPOSE

The purpose of this rulemaking is to comply with program changes as a result of a Sunset Review and subsequent changes in House Bill 20-1213. Section 35-36-103(1), C.R.S., requires the Commissioner to conduct specific rulemaking. This rulemaking revision includes: new requirements for license applications, new requirements for public warehouse operations and storage, a new bond schedule including alternative rates for qualifying licensees, new recordkeeping requirements, and new requirements for credit sales contracts. Additionally, this rulemaking provides a definition section for improved clarity and uniformity of terms.

FACTUAL AND POLICY BASIS

This rulemaking is required by section 35-36-103(1), C.R.S., and is based on stakeholder input. The purported changes to the license application requirements, public warehouse operations and storage requirements, bond schedules, recordkeeping requirements and credit-sale contracts requirements will provide added protection for consumers and producers in the industry. The added definition section provides clarity and uniformity throughout the program.

E. Adopted November 10, 2021 – Effective December 30, 2021 STATUTORY AUTHORITY The Commissioner’s statutory authority for the adoption of this permanent rule amendment is set forth in

section 35-36-103(1), C.R.S.

PURPOSE

The purpose of this rule making is to clarify the definitions of the terms Commodity Handler and Dealer to properly align with 35-36-102, C.R.S.

FACTUAL AND POLICY BASIS

This rulemaking clarifies the definitions of the terms Commodity Handler and Dealer so they are the same as the definitions in section 35-36-102(8) and (12), C.R.S. respectively. The updated definition section provides clarity and uniformity throughout statute and rule. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2007.

Parts 2, 4.B eff. 01/01/2014.

Entire rule eff. 07/30/2014.

Entire rule eff. 07/30/2021.

Parts 2, 13 E eff. 12/30/2021.

8 CCR 1202-12 RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE SALE OF MEAT ACT METHOD OF SALE OF HOME FOOD SERVICE [Repealed eff. 03/30/2019] {#sec-8-ccr-1202-12 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-12}

DEPARTMENT OF AGRICULTURE

Inspection and Consumer Services Division RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE SALE OF MEAT ACT METHOD OF SALE OF HOME FOOD SERVICE - Repealed eff. 03/30/2019 8 CCR 1202-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis, Specific Statutory Authority and Purpose Adopted February 13, 2019 – Effective March 30, 2019 Statutory Authority These Rules are being proposed for repeal by the Commissioner of the Colorado Department Agriculture (“CDA”) as set forth in HB 18-1183.

Purpose The purpose of this rulemaking is to repeal the existing “Rules Pertaining to the Administration and Enforcement of the Sale of Meat Act Method of Sale of Home Food Service” currently codified at 8 CCR 1202-12. HB 18-1183 eliminates the regulation of home food service plans.

Factual and Policy Basis The Department of Regulatory Agencies performed a Sunset Review in 2017 of the Colorado Sale of Meat Act. The review resulted in the recommendation that the General Assembly eliminate the regulation of home food service plans.

The need for the Departments home food service regulatory program has become obsolete as the number of licensees has declined to less than ten licensees making the cash funded program unsustainable.

House Bill 18-1183 repealed article 35.5 of Title 35 C.R.S. effective July 1, 2018. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 07/01/2009; for history and versions prior to 7/1/2009, see 8 CCR 1201-15.

Entire rule eff. 08/30/2009.

Parts 4.01, 8.03 eff. 01/01/2014.

Entire rule repealed eff. 03/30/2019.

8 CCR 1202-13 Rules Pertaining to the Administration and Enforcement of the Custom Processing of Meat Animals Act {#sec-8-ccr-1202-13 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-13}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CUSTOM

PROCESSING OF MEAT ANIMALS ACT

8 CCR 1202-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ General and Specific Authority: C.R.S. § 35-33-104(1)

PART 1. DEFINITIONS AND CONSTRUCTION OF TERMS 1.1. As used in these rules, and as the context requires, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. 1.2. Any term used in these rules that is defined in the Custom Processing of Meat Animals Act, §§ 35-33-101 through 35-33-407, inclusive, C.R.S. (hereinafter referred to as the “Act”) shall have the meaning set forth for such term in the Act. 1.3. “Dress,” “dressing,” and “dressed” mean eviscerating, removing the hide or skin of a livestock animal, and/or otherwise preparing the animal's carcass for cutting and further processing. 1.4. “Large game animal” means a large game animal within the scope of the term “game wildlife” defined in § 33-1-102(23), C.R.S. 1.5. “Mobile slaughtering unit” means any conveyance that can be lawfully driven, pulled, or otherwise moved on or over any street, road, highway, or other right of way, outfitted with equipment and utensils, and used to slaughter, dress, and/or further process livestock from place to place, or to slaughter and/or dress livestock and transport any carcass of such livestock, or any part thereof to a processing facility for further processing. This definition includes, for example, trucks equipped with a hoist and a fully-enclosed work room where processing is done; and trucks equipped with a hoist and a separate, fully-enclosed trailer attached to such truck that contains a work room where processing is done. 1.6. “Sanitize” and “sanitized” mean to treat a clean surface with any of the following methods or substances: 1.6.1. water at 180° F; 1.6.2. a chlorine and water solution of: 1.6.2.1. 100 parts of chlorine per million of water when applied by sponge or cloth; 1.6.2.2. 200 parts of chlorine per million of water when applied directly by spray; or 1.6.2.3. 50 parts of chlorine per million of water when used to soak the item in a container for at least one minute; or 1.6.3. any substance intended to be used to sanitize equipment and/or utensils in a processing facility and labeled as approved by the United States Department of Agriculture.

PART 2. REQUIREMENTS FOR PROCESSING FACILITIES. 2.1. Except as provided in Part 3.1 below, any processing facility licensed under the Act shall comply with all of the requirements in this Part 2. 2.2. The following areas shall have a concrete floor or surface that is sloped and drained into a waste disposal system: 2.2.1. any holding pen; 2.2.2. the entire length of any alley not more than twelve feet in length; or 2.2.3. up to twelve feet of any longer alley that leads directly, and is immediately adjacent to the area where livestock are slaughtered and dressed. 2.3. Any slaughtering or dressing must be done in a room separate from any room where other processing is done; provided, however, slaughtering or dressing may be done in the same room where cutting, wrapping and other processing of meat is done if: 2.3.1. the slaughtering or dressing is not done in such room at the same time cutting, wrapping, or any other processing of meat is done; and 2.3.2. the room and all equipment and utensils used are thoroughly cleaned and sanitized after any slaughtering or dressing is done, and before any cutting, packing, or other processing of meat is done. 2.4. All floors in any room where processing is done or where meat is held in storage, other than a freezer, must be: drained into a waste disposal system; coved at the wall to prevent meat products, waste from processing, or any liquids from penetrating between any wall and floor, or under any wall; and constructed of and finished with durable, water-resistant materials that are capable of being readily and thoroughly cleaned. 2.5. The walls, ceilings, columns, and other structural parts of any room where processing is done or where meat is held in storage shall be constructed of and finished with durable, water-resistant materials that are capable of being readily and thoroughly cleaned. 2.6. Any doorway through which any meat product is transferred shall be wide enough so that there is no contact between the doorways and the meat product. Doors in such doorways must be constructed of either rust-resistant metal or other materials that are water-resistant, capable of being readily and thoroughly cleaned, and do not flake, chip, or splinter. If made of wood, all surfaces of such doors and all doorjambs must be securely clad with a rust-resistant metal, and be so affixed so as not to provide crevices for dirt or vermin, or be coated with a water-based epoxy coating intended for such use and labelled as approved by the United States Department of Agriculture. 2.7. Any rails used to transport meat product shall be located, and sufficient space shall be provided in all passageways so that meat product does not come into contact with walls, posts, or other structural parts of the processing facility, or with any containers or other things that may be located in the processing facility or transported through it. 2.8. Every processing facility must have a cooler and a freezer for holding or storing meat product under refrigeration. 2.9. All coolers must be large enough, and constructed, maintained and operated so that the meat product is hung or otherwise stored therein without contacting any interior surface of the cooler, and with sufficient space to permit inspection of the meat product. The refrigeration unit for any cooler must deliver sufficient refrigerated air to maintain the cooler at an ambient temperature of no more than 41° F. 2.10. All freezers must be large enough, and constructed, maintained and operated so that refrigerated air adequately flows under and around the meat product held or stored therein to maintain the required level of refrigeration. The refrigeration unit for any freezer must deliver sufficient refrigerated air to maintain the freezer at an ambient temperature consistent with the requirements in § 35-33-103(12), C.R.S. 2.11. All lighting fixtures must use safety shielded light bulbs in all areas where meat product is exposed, and provide ample illumination for all work areas. 2.12. All work table surfaces must be constructed of rust-resistant metal; provided, however, work table surfaces may be constructed of other durable, water-resistant, non-metal materials if they are free of cracks and are capable of being readily and thoroughly cleaned. 2.13. All equipment used in processing, including, but not limited to, saws, tenderizers, and meat grinders, shall be of such material and construction that they can be readily and thoroughly cleaned. Such requirements include, but are not limited to: being capable of disassembly for thorough cleaning; rust-resistant and free from painted surfaces in any area of the equipment that comes into contact with the meat product; supported by rust-resistant metal legs; and movable for cleaning. All pans, trays, and utensils used for processing shall also be constructed of rustresistant materials that are capable of being readily and thoroughly cleaned. 2.14. The processing facility must be equipped with a wash basin of adequate size for cleaning equipment and utensils. The wash basin must be: constructed of a rust-resistant metal capable of being readily and thoroughly cleaned; and equipped with hot and cold running, potable water delivered through a combination mixing faucet. 2.15. Each room where processing is done shall be equipped with a hand washing facility. The hand washing facility must be equipped with: a sink that is not hand operated; hot and cold running, potable water delivered through a combination mixing faucet; liquid or powdered soap delivered in a wall- or sink-mounted dispenser; an adequate supply of disposable, single-use sanitary towels in a wall-mounted dispenser; and a receptacle for used sanitary towels.

PART 3. REQUIREMENTS FOR PROCESSING FACILITIES ENGAGED IN CUSTOM

PROCESSING OF LARGE GAME ANIMALS. 3.1. Any custom processing facility licensed under the Act engaged exclusively in processing large game animals that does not have possession of a carcass, or any part thereof, or any meat product derived therefrom for more than four hours shall: 3.1.1. comply with the requirements of Parts 2.4 through 2.8, inclusive, and 2.12 through 2.15, inclusive, of these rules, and Part 2.16 of these rules, except that the sink may be hand operated; and 3.1.2. deliver to the owner of the carcass at the time it is delivered to the custom processing facility for custom processing a receipt which includes the following information: the name, address, and telephone number of the owner of the carcass; the name, address, and telephone number of the processor; the date and time the carcass was received at the custom processing facility; a description of the large game animal; and the number of the Colorado Division of Wildlife tag (or similar tag issued by the appropriate government agency of another state if the large game animal was taken in such other state) affixed to the carcass. The processor shall maintain a copy of such receipt for a period of not less than two years from the date it is issued. 3.2. If the carcass of any large game animal, or any part thereof, or the meat product derived therefrom is in the possession of a processing facility for more than four (4) hours, the processing facility must comply with the requirements of Parts 2.4 through 2.16, inclusive, of these rules. 3.3. Any carcass of a large game animal delivered to a processing facility for custom processing must be tagged with a Colorado Division of Wildlife tag (or similar tag issued by the appropriate government agency of another state if the large game animal was taken in such other state) at the time of delivery. 3.4. Any carcass of a large game animal must be dressed in an enclosed room or area that is separate from the rest of the processing facility.

PART 4. REQUIREMENTS FOR MOBILE SLAUGHTERING UNITS 4.1. Mobile slaughtering units may not be regularly used at a fixed location so as to avoid compliance with the licensing and other requirements of the Act and Parts 2, 3, 5, and 6 of these rules for processing facilities. 4.2. The work room of a mobile slaughtering unit where processing is done must be fully-enclosed so as to keep out dust, dirt, and other contaminants. It must be equipped with a rail system for hanging carcasses that is constructed and installed to prevent any carcass from touching any exterior or interior surface of the work room. If the rail system extends outside the work room through any door, the door must be sealed around any rail when it is closed so as to prevent any dust, dirt, or other contaminants from entering the work room. 4.3. The work room of a mobile slaughtering unit where processing is done must be equipped with an operating refrigeration system that delivers refrigerated air to the interior of the work room at a temperature of no more than 38° F. 4.4. All dressed carcasses transported in a mobile slaughtering unit must be contained in the refrigerated work room of such unit. If hog carcasses are transported in a mobile slaughtering unit with the carcasses of any other species of livestock, the hog carcasses must be kept separate and prevented from touching the carcasses of such other livestock. 4.5. Any mobile slaughtering unit that is used to slaughter livestock and transport the slaughtered animal to a processing facility for dressing to be completed within two hours after slaughter must be equipped with an enclosure for transporting the animal. The enclosure may be part of a trailer attached to the hoist-equipped truck of the unit. The enclosure must be fully-enclosed so as to keep out dust, dirt, and other contaminants, and must be sealed to prevent spillage or leaking of any liquids from the slaughtered animal. Also, its interior surfaces must be constructed of durable, water-resistant materials that are capable of being readily and thoroughly cleaned. 4.6. The walls, ceilings, and other structural parts of the interior of a mobile slaughtering unit's work room must be constructed of and finished with durable, water-resistant materials that are capable of being readily and thoroughly cleaned. All joints must be sealed so as not to provide crevices for dirt or vermin. The floor of the work room must be coved at the walls to prevent meat products, waste from processing, or any liquids from penetrating between any wall and floor, or under any wall. 4.7. The mobile slaughtering unit must be equipped with an apparatus to deliver sufficient cold and hot potable water to wash equipment and utensils used in processing, and for use as a hand washing facility. The mobile slaughtering unit shall also be equipped with liquid or powdered soap in a wall- or sink-mounted dispenser, an adequate supply of disposable, single-use sanitary towels in a wall-mounted dispenser, and a receptacle for used sanitary towels. 4.8. All mobile slaughtering units shall be equipped with containers of sufficient size and number for transport and disposal of waste from processing. Such containers shall have secure lids, and be securely fastened to the mobile slaughtering unit so as to prevent any spillage of its contents.

Such containers shall be constructed of durable, water-resistant materials that are capable of being readily and thoroughly cleaned. 4.9. The sanitary requirements in Part 5 of these rules shall apply to mobile slaughtering units to the extent such units have comparable facilities, equipment, and utensils.

PART 5. SANITARY REQUIREMENTS 5.1. Except as provided in Part 4.9 above, all processing facilities licensed under the Act shall comply with the requirements of this Part 5. 5.2. The exterior premises of any processing facility, including, without limitation, loading docks and other areas where vehicles are loaded and unloaded, and any driveways, alleys, yards, and pens, shall be kept in a clean and orderly condition and drained to prevent the accumulation of standing water. 5.3. All catch basins and similar features of any waste disposal system shall be maintained in a clean and orderly condition to prevent the accumulation therein of waste products and avoid the creation of offensive odors. 5.4. All rooms and other interior areas shall be free from any condition that could result in contamination of the meat product, including, without limitation, dirt, dust, or odors from catch basins, livestock pens, hide cellars, or any other source. 5.5. All rooms and other interior areas shall be thoroughly cleaned after each day's use. All equipment and utensils used for meat processing shall be thoroughly cleaned and sanitized: 5.5.1. each time there is a change in processing from raw pork to raw meat products or to other species, or a change in processing from raw meat products to ready-to-eat meat products; 5.5.2. after four hours of operation if the room where such equipment and utensils are used is at any time maintained at an ambient temperature of more than 50° F; and 5.5.3. after each working day's use. Any item of equipment or utensil must be thoroughly cleaned and sanitized after any event at or during which time contamination of such equipment or utensil may have occurred. All cleaned and sanitized equipment and utensils, when stored after use, shall be protected and stored so as to avoid contamination. 5.6. Meat product must be stored on racks or shelves elevated at least two inches from the floor in any freezer, and at least six inches from the floor in any cooler. Such racks and shelves must be constructed of durable, rust- and water-resistant materials that are capable of being readily and thoroughly cleaned. No meat product shall be placed beneath any carcass. Any non-food products or supplies shall be stored in a storage room or area separate from any room or area where meat product is processed or stored, on racks or shelves elevated from the floor at least 12 inches, and must be constructed of durable, rust and water resistant materials that are capable of being readily and thoroughly cleaned. 5.7. Before being placed in a cooler, any carcass must be cleaned and free from any hair, waste product, dirt, or anything else that could contaminate the meat. 5.8. If any large game animal is processed in any processing facility where other species of livestock is processed, all rooms, equipment, and utensils used in processing the large game animal shall be thoroughly cleaned and sanitized before they are used to process any such other livestock.

The carcass and meat product of any large game animal shall at all times be kept separate and apart from the carcass and meat product of other species of livestock. 5.9. Every processing facility shall establish and maintain procedures for excluding and removing flies, rats, mice, and any other vermin from the interior premises of the processing facility. 5.10. All animals, other than those presented for processing, shall be excluded from the interior premises of a processing facility.

PART 6. LICENSE EXPIRATION DATE 6.1. The expiration date for a license to operate a processing facility shall be December 31.

Part 7. DISPOSAL OF INEDIBLE WASTE 7.1. All inedible waste shall be denatured and disposed of by a method approved by the Commissioner. 7.2. Acceptable methods of denaturing: 7.2.1. FD&C green No. 3 coloring; 7.2.2. FD&C blue No. 1 coloring; 7.2.3. FD&C blue No. 2 coloring; 7.2.4. Finely powdered charcoal; or 7.2.5. Other proprietary substance approved by the USDA FSIS Administrator. 7.3. Before the denaturing agents are applied to articles in pieces more than 4 inches in diameter, the pieces shall be freely slashed or sectioned. If the articles are in pieces not more than 4 inches in diameter, slashing or sectioning will not be necessary. The application of any of the denaturing to the outer surface of molds or blocks of boneless meat, meat byproducts, or meat food products shall not be adequate. The denaturing agent must be mixed intimately with all of the material to be denatured, and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food. 7.4. Any container used in the processing facility for the disposal of waste generated from processing, other than a disposable waste container that is discarded at the end of the work day, must be constructed and finished with durable, water-resistant materials that are capable of being readily and thoroughly cleaned. All waste containers, including, without limitation, disposable waste containers, shall be limited to and clearly marked for such use, and maintained in a clean and sanitary condition. 7.5. All waste products from processing shall be disposed of daily, or stored for later disposal in a manner that does not create any condition that could cause contamination, or otherwise adversely affect the wholesomeness or quality of any meat product, or generate offensive odors or other objectionable conditions. 7.6. Approved methods of disposal include: 7.6.1. Disposal to a licensed rendering company; 7.6.2. Sanitation Landfill; 7.6.3. Composting, subject to approval by county and / or state health agency; 7.6.4. Burial on site, subject to approval by county and / or state health agency; or 7.6.5. Retail or wholesale sale under the following conditions: 7.6.5.1. Waste products to be sold are limited to the hides, antler, and bones, of wild game only; 7.6.5.2. The processor notifies the department prior to engaging in retail or wholesale sales of hide, antler, and bone products; 7.6.5.3. The processor collects a signed disclosure from the owner of the animal carcass advising them that the hide, antler, or bone may be sold as a method of disposal.

These records must be kept for a period of at least two years, and made available to the Commissioner upon request; and 7.6.5.4. The bones must be decharacterized and kept segregated from all other edible and non-edible material in clean containers. Raw bone must be stored under refrigeration until delivered to buyer.

Parts 8-9. Reserved

PART 10. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 10.1. Adopted July 16, 2009 – Effective August 30, 2009 The Commissioner's authority for the adoption of these Permanent Rule Amendments is set forth in § 35- 33-104(1), C.R.S. (2008), and § 35-33-206(3), C.R.S., as enacted in SB 09-117.

The purpose of these Permanent Rule Amendments is to adopt new rules pertaining to the Colorado Slaughter, Processing, and Sale of Meat Animals Act to comply with the amendments to the Act set forth in SB 09-117.

These Permanent Rule Amendments:

a. Incorporate the Act’s new short title wherever cited in the rules.

b. Modify the terms “processing facility” to read “custom processing facility.”

c. Establish a license expiration date of June 30.

d. Amend references to sections in the Act to refer to amended section numbers.

e. Delete obsolete rule definition of “processing” which is now defined in the Act.

f. Add a section to contain the statements of basis, specific statutory authority and purpose.

g. Remove the rule contained under the Animal Industry Division section of the CCR at 8 CCR 1201-14 to the Inspection and Consumer Services Division section of the CCR with a new number of 8 CCR 1202-13 and a new rule title.

The factual and policy issues pertaining to the adoption of these Permanent Rule Amendments are as follows:

1. The Department of Regulatory Agencies performed a Sunset Review in 2008 of the Colorado Slaughter, Processing and Sale of Meat Animals Act, which resulted in several legislative amendments to the Act enacted by SB 09-117, effective July 1, 2009, that:

a. Change the title of the Act to the Custom Processing of Meat Animals Act. These rules reflect the correct short title of the Act.

b. Specify that the Commissioner has jurisdiction only over meat processing facilities that perform custom processing. As used throughout the rules, the term “processing facility” is amended to read “custom processing facility” in order to clarify that jurisdiction is only over those facilities that perform custom processing.

c. Remove the license expiration date from the Act and require that the Commissioner establish the date in rule. These rules establish a license expiration date of June 30.

d. Amend some section numbers in the Act. These rules refer to the amended section numbers.

2. The Commissioner intends to adopt Emergency Amendments to the Rules on July 1, 2009 at 8 CCR 1201-14 in order to implement the changes to the Act made by the General Assembly in SB 09-117. These Permanent Rule Amendments will make permanent those Emergency Rule Amendments. 10.2. Adopted April 9, 2013 – Effective July 1, 2014 The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-33- 206(3) and § 35-1-107(5(a), C.R.S.

The purpose of this permanent rule amendment is to amend Part 6.1 to change the expiration date for a license to operate a custom processing facility from June 30 to December 31.

The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:

1. This change is necessary to allow the Department to consolidate licensing functions to one time per year for all licenses issued by the ICS Division.

2. The Department of Agriculture is moving its licensing functions from a paper based system to an online system. To accommodate licensee’s who hold multiple licenses with the Department of Agriculture, we are establishing a common licensing date so a licensee can obtain all their licenses in one transaction. 10.3. Adopted November 9, 2016-Effective December 30, 2016 The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-33- 104(1) § 35-33-201(11), and § 35-33-202, C.R.S.

The purpose of this permanent rule amendment is to:

1. Add labeling and recordkeeping requirements for poultry processors and strike the word “custom” where applicable.

2. Update formatting to be consistent with other Rules within the Department.

The factual and policy issues pertaining to the adoption of this permanent rule amendment are as follows:

1. Senate bill 16-058 allows for poultry processers, licensed or exempt, to sell poultry to individuals so long as certain regulations regarding labeling and recordkeeping are followed. These regulations must be defined in rule by the Colorado Department of Agriculture. the poultry labeling requirements closely follow standard labeling requirements from the United States Department of Agriculture. Additional input from the Colorado Department of Public Health and Environment was incorporated to ensure requirements for poultry processers comport with state regulations for similar processing facilities. 10.4. Adopted September 20, 2017 – Effective November 30, 2017 Statutory Authority The Commissioner's authority for the adoption of this permanent rule amendment is set forth in § 35-33- 104 C.R.S.

Purpose:

The purpose of this permanent rule amendment is to create a new Part 9 “Disposal of Inedible Waste” to establish requirements for disposal of inedible waste from wild game processing through retail and wholesale sales; and move Parts 2.6 and 5.6 that deal with the disposal of inedible waste generated by processing meat animals to Part 9.

Factual and Policy Basis:

1. The Department of Agriculture conducted a regulatory review of the Rules Pertaining to the Administration and Enforcement of the Custom Processing of Meat Animals Act - 8 CCR 1202- 13. This regulatory review resulted in the recommendation that certain existing rules related to the disposal of inedible waste generated through the processing of meat animals be deleted and incorporated into a new comprehensive rule.

2. The industry representatives in our stakeholder review requested a change of existing policy regarding the disposal of large wild game inedible waste – specifically the disposal of hides, antlers, and bones from wild game and the possibility to allow for resale of these products by the processor. Part 9 – Disposal of Inedible Waste allows licensed large wild game processors to sell the hides, antlers, and bones from wild deer and elk they process to a third party when certain conditions are met. 10.5. Adopted April 10, 2019 – Effective May 30, 2019 Statutory Authority The Commissioner’s authority for the adoption of these permanent rule amendments is set forth in §35-33-104(1), C.R.S.

Purpose The purpose of these permanent rule amendments is to create two separate rules, one for the processing and sale of poultry and one for the processing of large animals. Previously, the record keeping and labeling rules applicable to the processing and sale of poultry were combined in the rules applicable to the processing of large animals. Separating the poultry rules from the large animal rules provides a clear distinction between two types of processing and will eliminate confusion regarding which rules are applicable for the two different types of processing.

These permanent rule amendments:

1. Remove the rules applicable to the processing and sale of poultry because those rules have already been codified in 8 CCR 1202-16 and are no longer necessary.

Factual and Policy Issues The factual and policy issues pertaining to the adoption of these permanent rule amendments are as follows:

The amendments create two separate rule, one for the sale and processing of poultry and one for the processing of large animals. These separate rules account for the differences in processing procedures between poultry and large animals. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 08/30/2009; for history and versions prior to 8/30/2009, see 8 CCR 1201-14.

Rules 6.1, 10.2 eff. 01/01/2014.

Entire rule eff. 12/30/2016.

Parts 2, 5, 9, 10.4 eff. 11/30/2017.

Rules 5.5.1, 5.6, Parts 7-9, 10.5 eff. 05/30/2019.

8 CCR 1202-14 Method of Sale of Retail Commodities {#sec-8-ccr-1202-14 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-14}

DEPARTMENT OF AGRICULTURE

Inspection and Consumer Services Division METHOD OF SALE OF RETAIL COMMODITIES 8 CCR 1202-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Scope of Rules These rules apply to the retail sale of commodities as described herein.

Part 2. Unit Price Advertising of Bulk Food Commodities The price of food commodities sold from bulk by weight shall be advertised or displayed in terms of whole weight units of kilograms or pounds only, not in common or decimal fractions or in ounces. A supplemental declaration is permitted in print no larger than the whole unit price. This supplemental declaration may be expressed in common or decimal fractions or in ounces.

Part 3. Meat, Poultry, Fish, and Seafood 3.1. Meat, poultry fish and seafood, shall be sold by weight, except that shellfish in the shell may be sold by weight, measure, and/or count. Shellfish are aquatic animals having a shell, such as mollusks (e.g. scallops) or crustaceans (e.g. lobster or shrimp). 3.2. When meat, poultry, fish, or seafood are combined with some other food element to form a distinctive food product, the quantity representation may be in terms of the total weight of the product and a quantity representation need not be made for each element provided a statement listing the ingredients in order of their predominance by weight appears on the label. 3.3. Whole clams, mussels, oysters, and other mollusks in the shell (fresh or frozen) shall be sold by weight (including the weight of the shell, but not including the liquid or ice packed with them), dry measure (e.g., bushel), and/or count. In addition, size designations may be provided. 3.3.1. Whole clams, oysters, mussels, or other mollusks on the half shell (fresh, cooked, smoked, or frozen, with or without sauces or spices added) shall be sold by weight (excluding the weight of the shell) and/or by count. Size designations may also be provided. 3.3.2. Fresh oysters removed from the shell shall be sold by weight, drained weight, or by fluid volume. For oysters sold by weight or by volume, a maximum of 15 % free liquid by weight is permitted. 3.3.3. Processed clams, mussels, oysters, or other mollusks on the half shell (fresh or frozen) shall be sold by net weight excluding the weight of the shell. The term “processed” means removing the meat from the shell and chopping it or cutting it or commingling it with other solid foods.

Part 4. Ready-to-Eat Food Ready-to-eat food is food offered or exposed for sale, whether in restaurants, supermarkets, or other food service establishments, that is ready for immediate consumption, and is sold from bulk or in single servings packed on the premises. Such food may be sold by weight, measure, or count (count includes servings). Ready-to-eat food does not include sliced luncheon products, such as meat, poultry, or cheese when sold separately.

Part 5. Fireplace and Stove Wood 5.1. For the purpose of this regulation, this section shall apply to the sale of all wood, natural and processed, for use as fuel or flavoring. 5.2. Definitions: 5.2.1. Fireplace and stove wood: any kindling, logs, boards, timbers, or other wood, natural or processed, split or not split, advertised, offered for sale, or sold for use as fuel or flavoring. 5.2.2. Cord: the amount of wood that is contained in a space of 128 ft3 when the wood is ranked and well stowed. For the purpose of this regulation, “ranked and well stowed” shall be construed to mean that pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner. 5.2.3. Representation: any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood. 5.3. Identity: a representation may include a declaration of identity that indicates the species group (for example, 50% hickory, 50% miscellaneous softwood). Such a representation shall indicate, within 10% accuracy, the percentages of each group. 5.4 Quantity: fireplace and stove wood shall be advertised, offered for sale, and sold only by measure, using the term “cord” and fractional parts of a cord or the cubic meter, except that: 5.4.1. Natural wood offered for sale in packaged form in quantities less than 0.45 m3 (1/8 cord or 16 ft3) shall display the quantity in terms of: 5.4.1.1. liters, to include fractions of liters; or 5.4.1.2. cubic inches, if less than one cubic foot; or 5.4.1.3. cubic feet, if one cubic foot or greater, to include fractions of a cubic foot. 5.4.2. A single artificial compressed or processed fireplace log shall be sold by weight, and packages of such individual logs shall be sold by weight plus count. 5.4.3. Stove wood pellets or chips not greater than 15 cm (6 in) in any dimension shall be sold by weight or volume. 5.5. Prohibition of terms: the terms “face cord,” “rack,” “pile,” “truckload,” or terms of similar import shall not be used when advertising, offering for sale, or selling wood for use as fuel or flavoring.

Part 6. Container Plants 6.1. Definition: “container plant” means any plant, including herbs, vegetables, trees, shrubs, fruit bearing plant, or ornamental plant packaged in a container and advertised, offered or exposed for retail sale to a consumer. 6.2. Method of sale: container plants shall be sold by volume stated in terms of liters, gallons, or fractions thereof, or by a linear measure. The linear measure shall be obtained from the inside diameter of the top of the container. The above mentioned declarations of quantity shall be labeled on the package in accordance with 8 CCR 1202-1.

Parts 7 – 8. Reserved

Part 9. Statements of Basis, Specific Statutory Authority and Purpose 9.1. Adopted June 11, 2014 – Effective July 30, 2014 STATUTORY AUTHORITY:

The Commissioner of Agriculture, is authorized to adopt these permanent rules pursuant to Section 35- 14-107(1)(o), C.R.S.

PURPOSE:

The specific purposes of these Rules are as follows:

1. Create a new Part 1 that defines the scope of these Rules. These Rules apply to the retail sale of certain commodities.

2. Create a new Part 2 that clarifies unit price advertising requirements for bulk food commodities.

3. Create a new Part 3 that establishes the method of sale for meat, poultry, fish and seafood.

4. Create a new Part 4 that defines and establishes a method of sale for ready-to-eat food.

5. Create a new Part 5 that defines and establishes a method of sale for fireplace and stove wood.

6. Create a new Part 6 that defines and establishes a method of sale for container plants.

FACTUAL AND POLICY ISSUES:

1. These method of sale Rules for specific commodities are being promulgated in an effort to provide the consumer a means of making an informed purchasing decision by enabling them to make a value comparison between commodities. The language in Parts 2-5 of these Rules is taken from the National Model Law Method of Sale for Commodities in NIST Handbook 130, 2014 ed. The language in these Rules is thus in alignment with the method of sale model law which is followed by all other weights and measures jurisdictions nationally.

2. Part 2 of these Rules clarifies that unit price advertising for bulk food commodities must be represented in the largest whole unit. While much of the industry already complies with this, there are market categories that sell/advertise food products in fractional quantities, thereby making it difficult for the consumer to facilitate a value comparison.

These Rules, therefore, would eliminate such confusion by requiring that unit price advertising is done using whole units and not fractions thereof.

3. During 2008-09 the Department of Regulatory Agencies performed a Sunset Review of the Colorado Measurement Standards Act. During this process Section 35-14-113 C.R.S., which addressed the method of sale for meat, poultry and seafood, was repealed.

Part 3 clarifies that meat, poultry and seafood must be sold by weight or in the case of shellfish sold in the shell, by weight, measure or count.

4. Ready-to-eat foods are often sold without a quantity declaration, making it hard for a consumer to know how much they are getting, or to facilitate a value comparison. Part 4 clarifies that ready-to-eat foods must declare a weight, measure or count when sold.

5. To date, there is no method of sale rule for firewood in Colorado. Current advertising terms and quantity declarations used by industry are often misleading, and fail to provide enough information to the consumer. This makes it difficult for the consumer to make an informed decision or value comparison when making a purchasing decision. Part 5 was written to protect the consumer from deceptive advertising and sales practices.

6. Representatives in the nursery/greenhouse industry expressed concern to the Department that quantity statements made by some sellers of container plants were deceptive and misleading. They asked the Department for increased enforcement of their method of sale. Part 6 was developed with the help of industry stakeholders to define what a container plant is and establish a consistent method of sale to eliminate deceptive and confusing methods of sale for container plants. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2014.

8 CCR 1202-15 Rules and Regulations Pertaining to the Administration and Enforcement of the Pet Animal Care and Facilities Act {#sec-8-ccr-1202-15 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-15}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PET ANIMAL CARE

AND FACILITIES ACT

8 CCR 1202-15 [Editor's Notes follow the text of the rules at the end of this CCR Document] _________________________________________________________________________

Part 1. Definitions and Abbreviations 1.1. “Abnormality” means a malformity, deformity, irregularity, or behavioral characteristic that is atypical or out of the ordinary. 1.2. “Aggression” means the display of aggressive behavior including but not limited to: threat displays such as growling, hissing, piloerection, lunging, and baring teeth. It also includes biting. These displays can serve to intimidate and/or to harm a trigger, a human, or another animal. These behaviors can be defensive (distance increasing) or offensive (distance decreasing) in nature. 1.3. “Behavioral-control device” means any apparatus used to control a pet animal’s behavior. 1.4. “Building” means any structure that has a roof and walls especially a permanent structure. It can be any structure that is designed or intended for support, enclosure, shelter or protection of persons, animals or property having a permanent roof that is supported by columns or walls. 1.5. “Cleaning” means mechanical removal of organic matter and waste through application of soap, detergent, or other cleaning agent followed by rinsing of all surfaces with clean water. 1.6. “Commissioner” means the Colorado Commissioner of Agriculture or the Commissioner’s designee. 1.7. “Commingle” means combine animals from different owners in a common area or enclosure. 1.8. “Common area” means play yards or areas where dogs are commingled for exercise or social interaction. 1.9. “Crate” means an enclosure that, at a minimum, permits normal postural movement and allows the animal to stand, turn around, and lie down in a manner that is specific to the species held within the enclosure. 1.10. “Department” means the Colorado Department of Agriculture. 1.11. “Direct supervision” means to be physically present with no doors, gates, or other barriers between the person supervising and the pet animals being supervised. 1.12. “Facility” means all buildings, yards, pens, and other areas, or any portion thereof, at a single location in which any animal is kept, handled, or transported for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading, or otherwise transferring animals. 1.12.1. “Animal rescue” means any firm, person, or corporation that accepts pet animals for the

purpose of finding permanent adoptive homes for these animals and does not maintain a central facility for keeping animals. 1.12.2. “Animal sanctuary facility” means a sub-classification of “animal shelter,” is any private facility that harbors pet animals, that is not used for impoundment purposes, and that is used for the purpose of caring for or housing pet animals indefinitely. 1.12.3. “Animal shelter facility” means any firm, person, or corporation, whether public or private, that houses pet animals for impoundment purposes; or a centralized, private facility that accepts or houses pet animals and whose facilities are self-contained and used for the

purpose of caring for and housing pet animals according to these Rules. 1.12.4. “Bird breeder facility” means any firm, person, or corporation engaged in the operation of breeding and raising birds that produces or transfers more than 30 birds per 12-month period. 1.12.5. “Boarding/training facility” means any firm, person, or corporation that cares for, or houses more than three pet animals at one time, or trains pet animals in the absence of the owner, or such owner's designee, and receives compensation for said services or correctional facility pet animal training programs regardless of compensation. 1.12.6. “Cat breeder facility” means any firm, person, or corporation that is engaged in the operation of breeding and raising cats and that produces more than three litters of kittens or transfers more than 24 cats per 12-month period. 1.12.7. “Commercial pet animal facility” means any firm, person, or corporation, whether on a permanent or temporary basis that uses pet animals exclusively for commercial exhibition, recreation or sporting purposes. 1.12.8. “Dog breeder facility” means any firm, person, or corporation that is engaged in the operation of breeding and raising dogs and that produces more than two litters of puppies or transfers more than 24 dogs per 12-month period. 1.12.9 “Groomer” means any person engaged in the operation of changing the physical appearance of the skin, coat, hair, or feathers of pet animals at a licensed pet animal groomer facility for compensation. 1.12.10. “Groomer facility” means any permanent or mobile establishment where a person pays a fee to have his pet animal’s skin, coat, hair, or feathers cleaned, styled, or maintained or where a person pays to have his animal’s physical appearance changed. 1.12.11. “Pet transporter” means any firm, person, or corporation that accepts pet animals for transportation or relocation for the purpose of adoption, rescue, selling, harboring, sheltering, trading, or otherwise transferring from one location to another. 1.12.12. “Pet handler” means a firm, person, or corporation that does not maintain a central permanent facility for the purposes of training or housing dogs but that maintains a mobile or temporary facility for the purposes of transporting or training a pet in the absence of the owner and receives compensation for his services. 1.12.13. “Pet animal dealership-retail” means any place or premises, used in whole or

part, whether on a permanent or temporary basis, for the sole or purpose of retail selling, trading, bartering, or otherwise transferring pet animals directly to the public. 1.12.14. “Pet animal dealership-wholesale” means any place or premises, used in whole or part, whether on a permanent or temporary basis, for the sole or exclusive purpose of selling, trading, bartering, or otherwise transferring pet animals to a retail pet animal dealership. 1.12.15. “Reptile/Amphibian (Herptile) breeder facility” means any firm, person, or corporation that is engaged in the operation of breeding and raising reptiles/amphibians (herptiles) and that produces or transfers more reptiles/amphibians (herptiles) than the maximum number established by the Commissioner by Rule for each particular species. 1.12.16. “Retail aquarium only pet animal facility” means any place that trades, sells, barters, or otherwise transfers fish, hermit crabs, or aquatic pet animals to the public. 1.12.17. “Small animal breeder facility” means any firm, person, or corporation that is engaged in the operation of breeding and raising small mammals and produces or transfers more small mammals than the maximum number established by the Commissioner by Rule for each particular species. 1.13. “Enclosure” means any location within a facility where a pet animal is housed primarily for the

purpose of eating and sleeping, which is not a common area used for exercise or social interaction. 1.14. “Foster dam” means a lactating female animal placed with unweaned animals of similar species for the purpose of nutritional support. 1.15. “Foster home” means a site that, through a written agreement with a licensed shelter or rescue facility, provides care for pet animals that are otherwise the responsibility of the shelter or rescue. 1.16. “Foster provider” means a site, not residential, that provides care, regardless of compensation, for pet animals that are otherwise the responsibility of a licensed shelter or rescue. 1.17. “Custodian home” means a residential site that, through a written agreement with a licensed breeder, provides care for pet animals that are otherwise the responsibility of the breeder. 1.18. “Indoor” means the area or space inside a building or a mobile facility. 1.19. “Infirm” means not physically or mentally strong, especially through age or illness. 1.20. “Isolation” means the separation, for the period of communicability, of infected animals from others in such place and under such conditions to prevent the direct or indirect transmission of the infectious agent from those infected to those that are susceptible or that may spread the agent to others. 1.21. “Isolation area” means a location where animals infected with disease may be placed to contain, control, and limit the spread of the disease. 1.22. “Isolation room” means an isolation area enclosed with walls that reach ceiling to floor, a ceiling, and door, having separate ventilation to the outside. 1.23. “Nonhuman primate” means all animals in the families lemuridae, indriidae, daubentoniidae, lorisidae, tarsiidae, cebidae, callithricidae, cercopithecidae, and pongidae. 1.24. “Outdoors” means in or into the open air; outside a building or shelter. 1.25. “PACFA” means the Pet Animal Care and Facilities Act, §§ 35-80-101 through 117, C.R.S. 1.26. “Pool” means a man-made structure used to hold water that uses a filtration system and is chemically treated, or in which the water is changed as needed, to maintain adequate cleanliness. 1.27. “Proactive enrichment” means an enrichment program that is designed to provide enrichment for every animal in care during the entirety of their stay. Proactive enrichment does not require that any assessments take place prior to its implementation and can be administered safely despite any known or unknown medical or behavioral concerns. The goal of proactive enrichment is to establish a baseline of behavioral care that is proactive against behavioral decline. 1.28. “Quality of life” 1.28.1. “Acceptable quality of life” means an animal is regularly eating and drinking; engaging in play; and engaging in rest. Animals should be provided with access and opportunities to socialize with people and other dogs, if desired. During these interactions they should not be exhibiting consistent fearful or aggressive behaviors. 1.28.2. “Unacceptable quality of life” means an animal is not regularly eating or drinking; is not able to settle and rest (even absent triggers); displays stereotypic behavior; and/or selfmutilating behavior. When given the opportunity to engage with people the animal will always choose not to or will display aggressive or extreme fearful behavior. When given the opportunity to engage with other animals of the same species the animal will display aggression or extreme fearful behavior although choosing to cohabitate or not approach another animal is acceptable. Routine defecation when engaged socially may be cause for concern. 1.29. “Research institute” means a governmental or private institution that uses or intends to use live animals in research, tests, or experiments for scientific investigation or in a systematic search for facts. 1.30. “Self-mutilating behavior” means the occurrence of behavior that could result in physical injury to the animal’s own body. Examples include but are not limited to: overgrooming, tail chewing, excessive licking, fracturing teeth, injury to the animal’s nose resulting from repeated scraping or scratching. 1.31. “Sink” means a wide bowl that has a faucet for water and a drain at the bottom and is usually positioned in a counter or on a pedestal. 1.32. “Surgery” means the act of incising living tissue; an operative procedure. 1.33. “Stereotypic behavior” means the frequent repetition of the same movement, gesture, posture, or vocal sound or utterance, often with no recognizable purpose, in response to stimuli (which may or may not be identifiable). Stereotypic behavior may be difficult to interrupt and/or, after interruption, the animal may be eager to return to that behavior. Examples include but are not limited to: pacing, bar biting, spinning, circling, wall climbing, chronic vocalization, over grooming, and avoidance behavior. 1.34. “Stray animal” means a pet animal that has been lost, abandoned, or separated from its owner. 1.35. “Tailored/individualized enrichment,” means an enrichment program that is designed in response to noted behavioral health issues, such as stereotypic behavior or quality of life concerns. The

purpose of this approach is to assess what specific enrichment efforts meet the needs of the individual animal in order to respond to current/ongoing quality of life concerns or behavioral deterioration. Disposition of cats and dogs is at the discretion of the animal shelter or rescue pursuant to § 35-80-106.3(1), C.R.S. 1.36. “Temporary facility” means any pet animal facility operating only as a temporary sales or adoption site. 1.37. “Temporary single retail event” means a show or exhibit held once in a calendar year for a maximum of 48 hours, where animals are sold from a single temporary location. 1.38. “Tether” means to restrain a pet animal by tying the pet animal to any object or structure, by any means, including, but not limited to, a chain, rope, cord, leash, or running line. Tether does not include using a leash to walk a dog. 1.39. “Transfer” means adopt, sell, give away, trade, barter, exchange, return, or any other conveyance of ownership of a pet animal. 1.40. “Water-resistant” means that which repels water. 1.41. “Year” means any twelve-month period. 1.42. “Zoological park” means a facility accredited by the American Zoo and Aquarium Association or licensed as a zoological park pursuant to § 33-4-102(13)(a), C.R.S., as amended.

Part 2. Application for Licensure and Conditions for Licensure 2.1. The 12 month-license period commences on March 1. An application for a renewal of licensure must be received in the Commissioner’s office on or before March 1st the year following the year the license was issued. 2.2. Any person seeking a new license or a change or addition of a license category must apply for the change on a form furnished by the Commissioner. The applicant shall provide all information requested on the form, including, but not limited to, a valid mailing address where the applicant may be contacted and a valid premises address where animals, animal facilities, and records are located. All premises, facilities, or sites where an applicant operates or keeps animals must be shown on the application form. The application must be filed with the Commissioner and must be accompanied by the appropriate fee. 2.3. Temporary pet animal facilities must identify themselves as such on an application for licensure as a pet animal facility and provide a street address for each place or premises where they will keep or transfer pet animals. 2.4. Each separate physical facility that operates a pet care facility must obtain a separate license. 2.5. The Commissioner may issue a license to any applicant who has met the requirements of PACFA, paid the required annual license fee, and passed the application inspection or routine inspection, except as set forth in § 35-80-112 and 112.5, C.R.S., and Part 9. below. 2.5.1 In addition to all other requirements for licensure, an applicant for a pet animal facility license must successfully complete the required qualifying education course. Proof of course completion is required prior to license approval. The required qualifying education course will be an online, self-paced course designed and provided by the Colorado Department of Agriculture. The course shall be free, available to applicants and their staff, and the course may be accessed by contacting the PACFA program at the Colorado Department of Agriculture. The qualifying education course will cover topics including, but not limited to: 2.5.1.1 The Pet Animal Care and Facilities Act program overview; 2.5.1.2 Rule and regulations; 2.5.1.3 Cleaning, sanitation, veterinary care, animal care; and 2.5.1.4 Importation and transportation. 2.5.2 The applicant for a licensed pet animal facility must successfully complete a continuing education course, at least once during the span of two (2) 12-month license periods after the first initial license period has expired. Proof of course completion is required prior to license renewal. The required continuing education course will be an online, self-paced course designed and provided by the Colorado Department of Agriculture. The course shall be free, available to applicants and their staff, and the course may be accessed by contacting the PACFA program at the Colorado Department of Agriculture. The continuing education course will cover topics including, but not limited to: 2.5.2.1 Changes to PACFA statutes and rules; 2.5.2.2 Noncompliance trends by licensees; 2.5.2.3 Good practices that promote the health and welfare of pet animals; and 2.5.2.4 Other relevant topics related to the PACFA program. 2.5.3 A pet animal facility licensed prior to October 30, 2021 is required to take the qualifying education course to satisfy the continuing education requirement in Part 2.5.2 by a date prescribed by the Commissioner, but no later than December 31, 2024. 2.6. Any facility or person who houses or transfers, as set forth below, more animals than the limits set forth in this Part must have a license to operate a pet animal care facility. Specific licensing thresholds by species: 2.6.1. The thresholds for small animal and reptile/amphibian (herptile) breeders are: 2.6.1.1. Rat, mouse, gerbil, and hamster breeders: produce, house, or transfer more than 200 of any combination of these small mammals per year. 2.6.1.2. Rabbit and guinea pig breeders: produce, house, or transfer more than 65 of any combination of these small mammals per year. 2.6.1.3. Hedgehog, chinchilla, ferret, and sugar glider breeders: produce, house, or transfer more than 24 of any combination of these small mammals per year. 2.6.1.4. Snake breeders: produce, house or transfer more than 200 of any combination of these herptiles per year. 2.6.1.5. Lizard and gecko breeders: produce, house or transfer more than 150 of any 2.6.1.6. Turtle and tortoise breeders: produce, house or transfer more than 100 of any 2.6.1.7. Amphibian breeders: produce, house or transfer more than 450 of any 2.6.2. The threshold for shelter of dogs and cats or any combination of these pet animals: more than 24 transfers per year or more than 15 housed in a central facility. 2.6.3. The threshold for shelter or rescue of birds: more than 30 transfers per year or more than 30 housed in a central facility. 2.6.4. The threshold for shelter or rescue of ferrets, hedgehogs, chinchillas, and sugar gliders or any combination of these pet animals: more than 24 transfers per year or more than 24 housed in a central facility. 2.6.5. The threshold for shelter or rescue of rabbits and guinea pigs or any combination of these pet animals: more than 65 transfers or more than 65 housed in a central facility more than of any combination of these pet animals per year. 2.6.6. The threshold for shelter or rescue of mice and rats: more than 200 rats, mice or gerbils housed in a central facility. 2.6.7. The threshold for a shelter or rescue of snakes: more than 200 transfers of any combination of these herptiles per year or more than 200 housed in a central facility. 2.6.8. The threshold for a shelter or rescue of lizards and geckos: more than 150 transfers of any combination of these herptiles per year or more than 150 housed in a central facility. 2.6.9. The threshold for a shelter or rescue of turtles and tortoises: more than 100 transfers of any combination of these herptiles per year or more than 100 housed in a central facility. 2.6.10. The threshold for a shelter or rescue of amphibians: more than 450 transfers of any combination of these herptiles per year or more than 450 housed in a central facility. 2.6.11. The threshold for shelter of multiple species in aggregate is more than 50% of the threshold for breeder or shelter definition of 3 or more species housed in a central facility. 2.7. Pet animal grooming licensure conditions and exceptions. 2.7.1. Any licensed groomer may groom as an independent contractor at up to 3 PACFAlicensed grooming facilities with the same groomer license. On the application for licensure, such groomers shall identify themselves as such and shall provide a facility name and street address for each premises at which they groom pet animals. Any groomer who adds or removes a location or premises from which or at which he or she intends to groom shall notify the Department of any change within 15 days of such change. 2.7.2. Persons providing any of the following services exclusively do not require licensure with PACFA: dog and cat nail trims, pet animal oral hygiene, pet animal ear cleaning, or pet animal anal gland expression. 2.8. A retail pet animal dealership may submit a written request to the commissioner for an exemption to purchase animals from an unlicensed individual on a wholesale basis. Such exemption shall be granted at the sole discretion of the commissioner, and must be obtained before any purchase is made. Each purchase of an animal shall require a separate exemption. Any such submission must demonstrate adequate provisions and safeguards to protect the health and safety of the public and the animals in the facility.

Part 3. Facility License Requirements 3.1. Each location of a pet animal facility must be separately licensed. The classifications of licensure are: Retail and Wholesale Pet Animal Dealership; Temporary Retail Event; Dog Breeder Facility;

Bird Breeder Facility; Cat Breeder Facility; Pet Grooming Facility; Pet Animal Boarding and/or Training Facility; Animal Rescue; Animal Shelter Facility; Reptile/Amphibian (herptile) breeder facility; Pet Animal Handler; Pet Animal Transporter; and, Small Animal Breeder Facility. 3.2. If a pet animal facility operates under more than one business name from a single location: 3.2.1. No additional pet animal facility license will be required for the different business names; 3.2.2. The pet animal facility operator must maintain separate records for each business name, pursuant to § 35-80-107, C.R.S., and to these regulations; and 3.2.3. The name of each business providing services that are related to those of a pet animal facility must be listed with the Commissioner on the application, in the form and manner designated. 3.2.4. The Commissioner may require that a separate fee be paid for each such business name. 3.3. If a pet animal facility owner operates more than one business from a single location, which businesses would constitute more than one classification of licensure: 3.3.1. The applicant for licensure will pay for the classification that has the highest annual fee and pay an additional fee for each license category. 3.3.2. Each business operated from a single location must comply with all Rules pertaining to each classification of licensure that would correspond to each business operated at the facility. 3.4. Licenses issued pursuant to PACFA and these Rules are not transferable. 3.5. A license issued under PACFA and these Rules is valid unless. 3.5.1. The license has been revoked or suspended pursuant to § 35-80-112, C.R.S., or Part 9. of these Rules; 3.5.2. The license is voluntarily surrendered by written request of the licensee to the Commissioner, and such surrender is accepted by the Commissioner; 3.5.3. The license has expired or has otherwise terminated by operation of law as set forth in § 35-80-106, C.R.S., and these Rules; or 3.5.4. The applicant or licensee failed to pay the license fee or the instrument of payment was returned by the bank. 3.6. There will be no refund of fees if a license is invalidated for any reason before its expiration. 3.7. All licenses expire each year on March 1. If the renewal application is not postmarked on or before March 1 for the year of renewal, a penalty fee of 10 percent (10%) of such renewal fee will be assessed. No license will be renewed until the renewal fee and any penalty fee are paid. Any person whose license has expired and who has not timely applied for renewal may not conduct any activity for which a license is required by PACFA until all requirements for issuing such license have been met and until a valid license has been duly issued. 3.8. No license that has expired and for which timely renewal has not been made may be reinstated.

Any application for reinstatement or renewal after April 1 of the year following the year of issue will be treated as a new application, subject to the procedures required of new applicants for a license, as set forth in Part 2. 3.9. A license that is invalid under PACFA and Part 9 of these Rules must be returned to the Commissioner. If the license cannot be found, the licensee shall provide a written statement to the Commissioner so stating. 3.10. All licenses for psittacine leg bands must be renewed on or before March 1. 3.11. Each holder of a bird leg band number must pay an annual renewal fee on or before March 1 each year. 3.12. Each licensed pet animal facility shall display in a conspicuous place signage that contains contact information for the Colorado Department of Agriculture Pet Animal Care Facilities Program or other appropriate Department subdivision.

Part 4. License Fees 4.1. In addition to a completed application for a license or a license renewal, each applicant or licensee must submit to the Commissioner an annual license fee as set by the Commissioner. 4.2. Any applicant whose check is returned by the bank for any reason will be referred to collections through the state’s collections process. An application or renewal that is accompanied by a check that is returned by the bank will be deemed an incomplete application or renewal, and no license will be issued. 4.3. If the license fee for a public animal shelter is overly burdensome, a public animal shelter may petition the Commissioner yearly, at each application, in written form, for the Commissioner to waive said fee. 4.4. The PACFA license fees are: 4.4.1. Aquarium only; $450 4.4.2. Bird Band Fee $17.50; 4.4.3. Cat Breeder; $400; 4.4.4. Commercial pet animal facility $450; 4.4.5. Bird Breeder $275; 4.4.6. Dog Breeder Large Scale Operation $550; 4.4.7. Dog Breeder Small Scale Operation; $450; 4.4.8. License category fee for each additional category per application $50; 4.4.9. Pet animal rescue 4.4.9.1 small, 100 or fewer transfers per year $325; 4.4.9.2 large, more than 100 transfers per year $425; 4.4.10. Pet Animal Shelter; 4.4.10.1. Small, 3000 or fewer transfers per year; $450; 4.4.10.2. Large, more than 3000 transfers per year; $600; 4.4.11. Pet Boarding/Training $500; 4.4.12. Pet Grooming facility; $400; 4.4.13. Independent contractor pet groomer: $350 4.4.14. Pet Handler; $225; 4.4.15. Pet Retail/Wholesale; $600; 4.4.16. Pet Transporter $350; 4.4.17. Reptile/amphibian (herptile) breeder $275; 4.4.18. Small Animal Breeder $425

Part 5. Annual Report by Licensee In addition to the annual renewal application, the following facilities must also submit an annual report on form(s) furnished by the Commissioner: dog breeder facility, bird breeder facility, cat breeder facility, animal shelter, animal rescue, pet transporter, reptile/amphibian (herptile) breeder facility and small animal breeder facility. Annual report(s), if required, must be submitted to the commissioner prior to closing a licensed business.

Part 6. Copies of Rules and Regulations A copy of PACFA and these Rules is available to all applicants, upon request, and at the expense of the applicant.

Part 7. Notification of Change Concerning Licensure Information A licensee shall promptly notify the Commissioner in writing of any change in the name, address, business hours, substantial control or ownership in the operation of the licensed business, or of additional sites, within fifteen (15) days of any such change. Notification must be made to the department in writing within 15 days if any principal, partner or anyone with substantial control over daily operations has been charged with any animal related crimes as defined in § 35-80-112(b), C.R.S.

Part 8. Activity by Persons/Facilities Whose Licenses Have Been Suspended or Revoked 8.1. Any person whose license has been suspended or revoked may not conduct any activity for which a license is required by PACFA during the period in which the suspension or revocation is in effect. 8.2. Any person whose license has been suspended may apply in writing to the Commissioner for reinstatement of that person's license.

Part 9. Disciplinary Actions and Denial of Licensure 9.1. A license will not be issued to any applicant who: 9.1.1. Is not in total compliance with PACFA and these Rules and regulations, including payment of fees and any fines. 9.1.1.1. An initial applicant for licensure will be allowed a maximum of three (3) inspections within a time period to be determined by the Commissioner. Failure of these three inspections will result in denial of licensure, requiring the applicant to reapply. The initial license fee will not be returned upon denial of licensure.

Any subsequent reapplication must be accompanied with the proper license fee. 9.1.1.2. An initial applicant must not conduct any activity for which a license is required by PACFA until such license is issued. An applicant may request an exemption from this requirement to the Commissioner, which request will be accepted only in written form. 9.1.1.3. Subsequent applications by a person who has been denied a license under this

Part will be considered as an initial application, subject to the provisions of these Rules and regulations. 9.1.1.4. Persons denied a license under this Part may reapply after twelve (12) months from the date of the notice of the denial. 9.1.1.5. Any person who petitions the Commissioner for a hearing on any denial of the applicant’s application may apply for re-licensure 12 months after the initial date of denial when the initial denial is upheld. 9.1.2. Has had a license revoked within the prior two years or whose license is currently suspended. The two-year period of ineligibility applies to a principal, officer, director, manager or any other person who has substantial control or authority over the daily operations of the entity, whether the person applies individually or as a principal, officer, director, manager or other person who has or would have substantial control or authority over the daily operations of the same or a different entity. 9.1.3 Has been convicted of a local, state or federal offense involving the theft, importation, capture, neglect, or abuse of an animal, or animal cruelty as defined in article 9 of title 18, C.R.S., or any similar statute of any other state. As used in this section, “convicted” means having entered a plea of guilty, including a plea pursuant to a deferred judgment and sentence under section § 18-1.3-102, C.R.S., or a plea of no contest, or a verdict of guilt from a judge or jury. 9.2. In addition to those grounds set forth in § 35-80-112, C.R.S., the Commissioner may issue letters of admonition, deny, suspend, refuse to renew, restrict, or revoke any license on the following grounds: 9.2.1. Submitting falsified information or making a material and deliberate misstatement on the application for any original license or for any renewal license, including, but not limited to, failing to identify all facilities, failing to provide full violation

history, or providing a false name or address. 9.2.2. Making false or fraudulent statements or providing false or fraudulent records to the Commissioner. 9.2.3. Having been fined, sentenced to jail, convicted, or having entered a plea of guilty or plea of no contest under any local, state, or federal law pertaining to the importation or capture of animals, theft or cruelty, neglect, or abuse of animals.

Having been convicted of a local, state, or federal offense involving the theft, importation, capture, neglect or abuse of any animal, or cruelty to any animal as defined in article 9 of title 18, C.R.S., or any similar statute of any other state. As used in this section, “convicted” means having entered a plea of guilty, including a plea of guilty entered pursuant to a deferred judgment and sentence under

section § 18-1.3-102, C.R.S., or a plea of no contest, or a verdict of guilt from a judge or jury. 9.2.4. Failure to comply with any provision of these Rules and regulations. 9.2.5 Refusal to allow the inspector designated by the Commissioner free and unimpeded access upon consent or upon obtaining an administrative search warrant to inspect those portions of all buildings, yards, pens, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out any provision of PACFA or these Rules and regulations and to all records required to be kept and may make copies of such records for the purpose of carrying out any provision of PACFA or these Rules. 9.2.6. Failure on three (3) inspections within any twelve-month period.

Part 10. Inspections 10.1. All PACFA-licensed facilities may be inspected upon application, change or addition of a license category, facility remodel and routinely thereafter, and upon a complaint to the Commissioner or the Department about a particular facility. Only the portions of the facility used as a pet animal facility need meet the requirements of this Rule. 10.2. All licensees or applicants for licensure or license renewal must make their facilities, animals, and records available to the Commissioner for inspection during regular business hours. The licensee or applicant must also provide the inspector with sufficient space to examine records and write the inspector's report. If the licensee's or applicant's facilities, animals, procedures, or records do not meet the requirements of PACFA or these Rules, the licensee or applicant will be advised in writing of existing deficiencies and the corrective measure that must be performed in a timely manner to be in compliance with PACFA and these Rules. The licensee or applicant must submit a written correction report within 20 days of receiving the inspection report. Failure on three (3) inspections within any twelve month period will constitute a separate violation. 10.3. Should the licensee require the inspector to wear special clothing, or to perform special sanitization measures beyond those specified in the Rules that follow, the licensee must provide all such special clothing or special sanitization measures at the licensee's own expense. 10.4. If a separate breeding room is provided and there are birds in an active breeding cycle, the licensee must permit and make available, at a minimum, a visual inspection from a window or other non-invasive form of viewing. 10.5. Neither an applicant for a license, a licensee, nor employees of the licensed facility may interfere with, threaten, abuse (including verbal abuse), or harass any inspector, or state or federal official, while such inspectors or officials are carrying out their duties. 10.6. Refusal to allow reasonable access for inspection or complaint investigation may result in a failed inspection and follow-up inspection under the authority of an administrative search warrant.

Part 11. Physical Facility Standards 11.1. Facilities and all interior components must be constructed of building materials that will ensure the facility is of sound physical structure, be maintained in good repair, protect animals kept there from injury, ensure containment of pet animals within the property, and restrict entry of other animals and humans from outside the property. 11.2. Interior Building Surfaces 11.2.1. In all facilities, and foster providers, indoor building surfaces, including but not limited to floors, cages, counters, enclosures, tables, and tubs must be constructed and maintained so that they are water resistant and capable of being readily cleaned and sanitized.

These surfaces need not extend more than 18 inches beyond the perimeter of any animal contact area. 11.2.2. In animal shelters and retail/wholesale facilities all indoor building surfaces must be water-resistant and capable of being readily cleaned and sanitized. 11.3. All materials used for construction of enclosures and common areas must be non-toxic. 11.4. Potable water must be provided with a backflow prevention device installed on any threaded faucet, submersible inlets, or on the source serving the facility. 11.5. Readily accessible washrooms or sinks must be provided, convenient to all work areas, to ensure maintenance of personal hygiene by animal caretakers. Single service soap and towels must be available at all hand-washing sinks. 11.6. A sink in good repair or a dishwasher that utilizes a sanitizing process must be provided for washing and sanitizing equipment. 11.7. Indoor pet animal facilities must be sufficiently heated or cooled to protect animals from cold or heat to provide for their health. Heating and cooling is required to keep the interior ambient temperature consistent with the requirements of the specific species, breed, age, and condition of the animal. Indoor rabbit facilities need not be heated. 11.8. Pet animal areas must be adequately ventilated with fresh or filtered air to minimize odors and moisture, prevent mold, and provide for the health and comfort of the animal at all times.

Ventilation may be mechanical or natural. 11.9. Uniformly distributed natural or artificial lighting must be provided to permit routine inspections and to facilitate routine cleaning. Each pet animal must have light appropriate for the species. 11.10. Sewage and waste from indoor facilities must be disposed of by connection of drains to a sanitary sewer or other locally approved sewage-disposal system. 11.11. Floors must be constructed or maintained to prevent standing water in runs or walkways. Excess water must be removed immediately. 11.12. Outdoor Facility Standards: 11.12.1. Outdoor cat enclosures must be fully enclosed. 11.12.2. Elevated resting surfaces must be provided in each outdoor cat enclosure large enough to accommodate all cats in the enclosure simultaneously. 11.12.3. A shaded area must be provided to all animals in outdoor areas when the temperature rises above 70 degrees. The shaded area provided must be of a size directly proportional to the size of the animals being protected and must be large enough to contain all the animals in the enclosure or common area simultaneously. The interior of a shelter structure may not substitute for a shaded area. 11.12.4. A shelter structure large enough to accommodate all animals simultaneously must be provided. Any shelter must allow the animals to remain dry and protect them from the direct effects of wind, rain, or snow. 11.12.5. Shelter must be a moisture-proof structure of suitable size to allow retention of body heat, made of durable material with a solid floor raised off the ground by an enclosed air space or other means to provide insulation. 11.12.6. If the pet animal has a choice of immediate access to an interior portion of the facility, shelter and shade need not be provided. 11.12.7. Shelter structures in outdoor facilities must contain clean, dry bedding or a heat source when the temperature falls below 32 degrees Fahrenheit. 11.12.8. No infirm pet animals may be housed outdoors. 11.12.9. Outdoor areas must be designed and constructed in a manner that permits suitable drainage to eliminate natural or other excess water, regardless of surfacing material within the area. 11.13. The physical facility must contain the pet animals within the pet animal facility and restrict entry of other animals and humans from outside either by a building, perimeter fence, or enclosures designed to be escape-proof. 11.14. Animal shelters housing animals in outdoor enclosures shall have a perimeter fence that is designed to be escape proof. 11.15. Grooming work areas at retail/wholesale, animal shelter, and boarding/training facilities must be physically separated from enclosures, animal food storage or preparation areas, and isolation areas. Anyone who desires an exemption from this requirement may make a request to the Commissioner, which request will be accepted only in written form. 11.16. The physical facility must provide all environmental conditions necessary for the health and safety of the animals contained in them.

Part 12. Enclosures All pet animal enclosures must meet these minimum requirements respective to species: 12.1. Dogs Dogs: Enclosure Sizes (dogs over 22 weeks or over 30 lbs.)

Length: tip of nose to base of tail Formula: (length of the dog in inches + 6) x (length of the dog in inches + 6)/144 = required sq. ft.

Up to 5 days: formula >5 to 30 days: formula x 1.5 >30 days to 6 months: formula x 2 6+ months: formula x 3 12.1.1. When three or more dogs occupy an enclosure, space is to be calculated for the largest dog with the third, fourth, and fifth dogs each requiring an additional one-half of the space required for the largest dog. 12.1.2. The minimum height of the enclosure must be at least 6 inches higher than the head of the tallest dog in the enclosure when the dog is in a normal standing position. 12.1.3. Crates may be used in any facility for 14 hours or less within any 24-hour period with dogs housed in appropriately sized enclosure (based on length of stay) for the remaining hours in this period. 12.1.4. Crates of the minimum dimensions set forth in these Rules may be used to house one dog only. 12.1.5. Puppies that are weaned and are under 22 weeks of age and under 30 pounds must be housed according to the puppy chart. 12.1.6. Dogs over 22 weeks or over 30 pounds shall be housed according to the adult dog chart.

Puppy Under 16 Weeks 16-22 Weeks Size Weight - lbs. Sq. Ft. Sq. Ft.

X-Small 0-4 1.25 1.875 Small >4 and up to 10 2 3 Medium >10 and up to 20 2.5 3.75 Large >20 and up to 30 5 7.5 12.1.7. The floor of the enclosure may be made of the following: 12.1.7.1. Wire, provided that the wire is of a gauge adequate to prevent sagging under the weight of the animal or injury to the feet and provided that the wire is coated and the mesh is small enough to prevent the foot from passing through and to prevent discomfort to the animal. 12.1.7.1.1. When wire flooring is used, a solid resting surface, large enough to allow all dogs to simultaneously lie recumbent, must be provided; and 12.1.7.2. Approved flooring consisting of slatted flooring, galvanized, expanded metal flooring or expanded metal coated with a flexible plastic surface, or other surface approved by the Commissioner; or 12.1.7.3. Any solid material that is water-resistant and able to be cleaned and sanitized. 12.1.8. Standing water must be removed from enclosures and common areas. 12.2. Cats Cats: In facility up to 90 Days Cats: Housed >90 Days Weight -lbs. Sq. Ft. Sq. Ft. ≤ 2 2.5 5 >2 and up to 6 3 6 >6 and up to 10 6 10 >10 and up to 15 7 10 >15 8 10 12.2.1. Each enclosure for housing cats must be at least 21 inches high and all space included in the enclosure space calculations must allow the cat to exhibit normal postural movement. 12.2.2. Each additional cat in the same enclosure requires additional square footage as designated by the chart. 12.2.3. Any space occupied by a litterbox may not be included in the calculated floorspace. The space occupied by any litter box with a flat hood that allows a cat to exhibit normal postural movement may be included in the calculation of the total floor space. 12.2.4. All horizontal surfaces in enclosures for cats must be constructed of solid material. 12.2.5. Outdoor enclosures for cats must include one or more shelter structures that are accessible to each cat in each enclosure and that are large enough to allow each animal housed within to sit, stand, lie in a normal manner, and to turn freely. 12.2.6. An elevated resting surface is required after a cat has been housed in a facility for longer than 90 days. The elevated resting surface must be positioned to allow the cat to exercise normal postural movements while perching on the elevated resting surface. The space underneath the elevated resting surface may be included in the calculation of the total floor space if the elevated area is high enough that the cat can exercise normal postural movements underneath it. 12.2.7. Litter boxes designed to capture a cat’s excrement within an enclosure must be provided in sufficient number, be of adequate size, and be located in a manner to enable each cat within the enclosure access to the litter box. 12.2.8. Enclosures housing three or more cats are considered colonies and must provide a minimum of 10 square feet of floor space per cat over 22 weeks of age. In addition, an elevated solid resting surface or surfaces must be provided. The resting surface must be high enough so that the cat can fit underneath and minimally provide 1.5 square feet of additional space per cat. Kittens over 8 weeks of age and under 22 weeks housed in colonies must be provided 7.5 square feet of floor space per kitten with an additional square foot of resting surface space per kitten that is high enough for the kitten to get underneath. 12.2.9. No more than 25 cats or kittens may be housed in the same enclosure. 12.2.10. Kittens from weaning up to 22 weeks of age must be housed according to the kitten chart. 12.2.11. Cats over 22 weeks of age must be housed according to the adult cat chart.

Kittens Under 16 Weeks 16-22 Weeks Size Weight - lbs. Sq. Ft. Sq. Ft.

Small up to 3 1 1.5 Medium over 3 2 3 12.3. Birds Weaned Birds Days in the Facility Length of each bird - inches Up to 10 days 10 days to 60 days Over 60 days Up to 6 1 cubic ft. per 18” of bird in aggregate Up to 24 (length of bird in inches) cubed = cubic inches required Over 24 (length of bird in inches) cubed = cubic inches required 1 cubic ft. = 1,728 cubic inches 12.3.1. Unweaned birds must have enough space to exercise normal postural movement. 12.3.2. Sufficient perching space is required to allow all birds housed to perch simultaneously. 12.3.2.1. A single, well-placed perch may be adequate for Psittacines. Well-placed means that the bird can stand completely upright on the perch without having any head contact with the ceiling of the cage and, at the same time, without the tail touching the floor or grate of the cage. 12.3.2.2. At least two perches, one at each end of the cage, must be provided for all species that prefer flying or jumping rather than climbing. 12.3.2.3. Perches must be strategically placed to prevent droppings from contaminating other birds and the birds’ food and water supply and also to prevent the birds’ tails from making contact with the food and water. 12.3.3. The cage must be large enough to allow every bird to sit comfortably on a perch, fan its tail, and spread both wings without touching the sides of the cage or any other bird in the enclosure. 12.3.4. Cage measurements are based on the actual living space and do not include T-stands or perches attached to the outside of the cage or the space below the cage grate. 12.4. Rabbits Rabbits Up to 30 Days Over 30 Days Weight - lbs. Sq. Ft. Sq. Ft.

Up to 2 1 2.5 Up to 4 2 4 Up to 12 3 6 Up to 20 5 8 12.4.1. Each additional rabbit within the enclosure requires additional square footage as designated by the chart. 12.4.2. The floor of a rabbit's enclosure must be constructed of material that prevents pododermatitis (foot problems) and that can be adequately cleaned and sanitized. Mesh flooring must be small enough to prevent the animal’s feet from passing through and to prevent discomfort to the animal. 12.4.3. Does with litters require 1.5 times the minimum square footage as designated by the chart. 12.4.4. Enclosures housing rabbits in colonies must provide a minimum of 10 square feet of floor space per rabbit over 4 months of age. Rabbits over 6 weeks of age and under 4 months of age must be provided 7.5 square feet of floor space. No more than 25 rabbits may be housed in the same enclosure. 12.4.5. The minimum height for any rabbit’s enclosure is 15 inches. 12.4.6. Enclosure must provide adequate ventilation to prevent odor build-up and to maintain appropriate ambient temperature for the rabbits. 12.5. Guinea Pigs Guinea Pigs Weight – gms. Sq. In.

Up to 350 60 350-500 90 501-550 120 751-1000 150 Over 1000 180 12.5.1. Each additional guinea pig within the enclosure requires additional space as designated by the chart. 12.5.2. Minimum height for enclosures is 12 inches. 12.5.3. The horizontal floors of enclosures for guinea pigs must be constructed of solid material. 12.5.4. Sows with litters require 1.5 times the minimum square footage per chart until weaned. 12.6. Chinchillas, Hedgehogs, and Sugar gliders 12.6.1. Enclosures must provide no less than 360 square inches of floor space per weaned chinchilla, hedgehog, sugar glider or a female animal with one litter until weaned. When more than one hedgehog occupies an enclosure, each additional hedgehog requires one half of the space of the first hedgehog. 12.6.2. For chinchillas and sugar gliders, a security shelter is required. 12.6.3. For chinchillas a dust bath is required no less than twice weekly. 12.6.4. An elevated perching platform is required for chinchillas and sugar gliders. 12.6.5. The horizontal floors of enclosures for chinchillas, hedgehogs, and sugar gliders must be constructed of solid material. 12.6.6. Minimum height for enclosures for chinchillas and sugar gliders is 16 inches. 12.6.7 Minimum height for enclosures for hedgehogs is 12 inches 12.7. Mice Mice Weight in gms. Sq. In. per animal Up to 10 6 Up to 15 8 Up to 25 12 >25 15 12.7.1. The horizontal floors of enclosures for mice must be constructed of solid material. 12.7.2. Enclosure sizes based on the weight of the female are accepted for a mouse with 1 litter until weaned. 12.7.3. An enclosure’s height must be a minimum of 3 ½ inches above the substrate. 12.7.4. No more than 200 mice may be housed in any enclosure at any time. 12.8. Rats Rats Weight – gms. Sq. In. per animal Up to 100 17 Up to 200 23 Up to 300 29 Up to 400 40 Up to 500 60 >500 70 12.8.1. A rat’s enclosure height must be at least 7 inches with a minimum of 5 ½ inches above the substrate. 12.8.2. The horizontal floors of enclosures for rats must be constructed of solid material. 12.8.3. Enclosure sizes based on the weight of the female are accepted for a rat with 1 litter until weaned. 12.8.4. No more than 200 rats may be housed in any enclosure at any time. 12.9. Hamsters and Gerbils Hamsters and Gerbils Weight – gms. Sq. In. per animal Up to 60 10 Up to 80 13 Up to 100 16 >100 19 12.9.1. Hamsters’ and gerbils’ enclosures height must be 7 inches with a minimum of 5 ½ inches above the substrate. 12.9.2. The horizontal floors of enclosures for hamsters and gerbils must be constructed of solid material. 12.9.3. Enclosure sizes based on the weight of the female are accepted for a hamster or gerbil with 1 litter until weaned. 12.10. Ferrets Ferrets Age Sq. Ft. Per Animal Up to 10 weeks 1 10-16 weeks 1.5 Over 16 weeks 2 12.10.1. Each additional ferret within the enclosure requires additional square footage as designated by the chart or for a jill with kits. 12.10.2. The horizontal floors of enclosures for ferrets must be constructed of solid material. 12.10.3. The minimum height for a ferret’s enclosure is 18 inches. 12.10.4. No aquaria may be used to house ferrets. 12.10.5. Enclosures for ferrets when constructed using a steel mesh must be of small enough mesh to prevent humans from putting their fingers into the cage and to prevent the ferret from being able to get its snout through the mesh. Other suitable cage designs are subject to approval by the Commissioner. If enclosures do not meet these standards, there must be a sign attached to the enclosure stating that ferrets may bite. 12.11. Reptiles and Amphibians (Herptiles) 12.11.1. The floors of enclosures for herptiles must be constructed of solid material. 12.11.2. The enclosure must be constructed to maintain appropriate humidity and ventilation. 12.11.3. The bottom of the enclosures must be covered with a substrate material that is suitable for the particular species. 12.11.4. The enclosure must contain a variety of structures, materials, and plants, as appropriate, to meet the needs and satisfy behavioral characteristics of different species.

Suitable landscaping must protect the animal, reduce stress, and help recreate the animal's natural habitat. 12.11.5. Security shelters, as appropriate to the species, must be provided in the enclosure to allow the animal security, protect the animal from stress, and help recreate the animal’s natural habitat. Number and placement of shelters in the enclosure must ensure no animal is forced to choose between its security and maintaining its proper body temperature. After being housed in a facility for 90 days, all reptiles must have access to a security shelter. 12.11.6. When appropriate to the species, a basking area affording both heat and light must be provided. Enclosures must be large enough to provide a temperature gradient to allow for the animal’s normal thermoregulation. 12.11.7. At least 30% of the floor space must be left open for the reptile to move about easily, feed, water, and defecate, and to make movements necessary for thermoregulation when appropriate to the species. 12.11.8. Temperature within the enclosure must be maintained as appropriate to the species. The facility must have the ability to measure the temperature within an enclosure. 12.11.9. Humidity within the enclosure must be maintained as appropriate to the species.

The facility must have the ability to measure the humidity within an enclosure. 12.11.10. As appropriate to the species, UVB lighting must be provided as part of the enclosure. UVB bulbs must be metered to ensure appropriate output. The enclosure must be constructed to allow UVB light to penetrate the enclosure. Facilities housing reptiles must have the ability to meter the available UVB by means of a metering device. UVB lighting must be recorded monthly and anytime a new reptile is added to the enclosure. 12.11.11. Lizards 12.11.11.1. Regardless of the minimum space required, the dimensions of the enclosure must allow all animals to exhibit normal postural movement and the enclosure must be appropriate to the species. 12.11.11.2. The required space per lizard is to be calculated as: (1.5L)(L)(.5L) = required cubic inches for arboreal species or (1.5L)(L) = required square inches for terrestrial species. 12.11.11.3. No enclosure may house more than 36 lizards regardless of calculated space. 12.11.11.4. In addition to the minimum space requirement, a basking area is required as appropriate to the species. 12.11.11.5. For lizards over 12 inches housed in groups of 2 or more the following space must be provided for each additional lizard:

(L = length of individual lizard in inches measured from tip of nose to tip of tail) 12.11.11.5.1. Each lizard over 12 inches added to an enclosure must have at least an additional 500 cubic inches for arboreal species or 64 square 12.11.11.5.2. Each lizard over 16 inches added to an enclosure must have at least an additional 1800 cubic inches for arboreal species or 144 square 12.11.11.5.3. Each lizard over 20 inches added to an enclosure must have at least an additional 3000 cubic inches for arboreal species or 210 square 12.11.11.5.4. Each lizard over 24 inches added to an enclosure must have at least an additional 5000 cubic inches for arboreal species of 289 square 12.11.11.5.5. Lizards housed over 90 days shall have double the space for each lizard in the enclosure. 12.11.12. Turtles 12.11.12.1. Land Turtles must be provided clean, potable water at all times in a shallow pan that the turtle can easily get into or out of with a water depth no deeper than the turtle’s chin when its head is straight out. 12.11.12.2. Water turtles must have clean, potable water available at all times. The depth of water in the enclosure must be at least equal to the carapace length of the turtle with a gradual access leading to a basking area. 12.11.12.3. Enclosure must provide minimum square footage of 70 square inches per 4 inches of carapace length per turtle. 12.11.12.4. The following must be subtracted (not counted) from the square footage: basking area, food dish, water dish, and security shelter.

(All turtles must be measured by straight carapace length.) 12.11.13. Frogs 12.11.13.1. The length of the enclosure for hopping frogs must be four (4) times the length of the frog, and the height must be three (3) times the length of the frog. 12.11.13.2. The length of the enclosure for tree frogs must be two (2) times the length of the frog, and the height must be three (3) times the length of the frog. 12.11.14. For all other amphibians, the area of the enclosure must be five (5) square inches per inch of length of animal and must have a height of two (2) times the length of the animal. 12.11.15. Snakes: At least 30% of the floor space must be left open for the snake to move about easily, feed, water, and defecate, and to make movements necessary for thermoregulation. Arboreal snakes must be provided with a perch. After January 1, 2027, any snake housed in a facility for more than 90 days, the enclosure length must provide enough space for the snake to fully extend its body. 12.12. An enclosure containing poisonous or venomous animals must be clearly labeled “Poisonous” Or “Venomous.” The enclosure must prevent injury to the public by the animal or escape by the animal. 12.13. Fish 12.13.1. Aquaria and ponds must maintain adequate water levels to sustain aquatic life. 12.13.2. Aquarium lids may not provide an airtight barrier. 12.13.3. Substrate material must cover the bottom of the freshwater aquarium if an underground filter is utilized. Filter-bed material must be a minimum of 1 inch thick across the entire bottom of the aquarium. 12.13.4. Harmful nitrogenous waste products must be managed by the use of biological or chemical filtration. 12.13.5. Labyrinth fish, such as Bettas, do not require the use of filtration systems, but the water in the enclosure must be changed weekly or more often if necessary. 12.13.6. Dead fish must be removed from the enclosure once daily or more often if necessary. 12.13.7. Fish must be fed food appropriate to the species on a routine basis to maintain good fish health and to maintain good water quality. 12.14. All enclosures must allow each pet animal to turn around, exercise normal postural movements, and experience necessary socialization with cage mates, when applicable. 12.15. Water chemistry must be tested for aquatic pets and recorded weekly to make sure the following specific criteria are within prescribed limits for established aquaria: 12.15.1. Free ammonia concentration – the presence of free ammonia indicates that the biological filter is not working properly, or the aquarium is overcrowded or overfed. The maximum acceptable level of free ammonia in a healthy aquarium is 1 ppm. 12.15.2. PH – measures the acidity or the alkalinity of the water. The PH reading can vary from 5.5 to 9.0 depending on the requirements of a particular species of fish. 12.15.3. Any time more than 30% of a tank’s water is replaced with chlorinated water, the aquarium must be treated with a water conditioner that will specifically remove chlorine or chloramines. 12.15.4. Water in aquaria must be maintained at a temperature appropriate to the species. The facility must have the ability to measure temperature accurately. 12.16. Pet animal holding or drying areas must be large enough to allow the animal to stand, lie down, and turn around. 12.17. In exigent circumstances, impoundment facilities may provide minimum space that allows each pet animal to turn around and exercise normal postural movements. These circumstances may not be of a routine nature and must be approved by the Commissioner. 12.18. Any enclosure or common area must be well-constructed, maintained in good repair, and constructed to allow animals to remain dry (when applicable) and clean. 12.19. Enclosures and common areas must contain animals, protect them from injury, and keep predators out. 12.20. Enclosures and common areas must provide all environmental conditions necessary for health and safety of the animals contained in them. 12.21. All surfaces of indoor enclosures and common areas must be constructed of materials that are water-resistant and can be cleaned and sanitized. All play equipment and fixtures in outdoor enclosures and common areas must be water-resistant. Wood accessories for birds and small animals are accepted. 12.22. Animal shelters must have solid walls between enclosures in all dog and cat housing areas. The walls in dog and cat housing areas must prevent water and waste material from flowing between enclosures and must be high enough to prevent nose-to-nose contact of animals between enclosures. After a pet dog or cat has been housed in a animal sanctuary facility for longer than 180 days (6 months), solid walls are no longer required for that animal’s enclosure. 12.23. Every facility must have the ability to accurately weigh each species of animal housed or transferred according to weight. 12.24. The photoperiod and photo spectrum must be appropriate to the species. 12.25. Cedar shavings must not be used as litter material. 12.26. Minimum space requirements for other animals will be determined by the Commissioner on an individual basis.

Part 13. Cleaning and Sanitation 13.1. Sanitation of a facility may be achieved only by using one of the two methods listed below: 13.1.1. “Chemical Sanitation” means the application of a Disinfectant, per the manufacturer’s label instructions, to a clean surface; or 13.1.2. “Heat Sanitation” means the application of heat to raise surface temperature to at least 160 degrees Fahrenheit. 13.2. All enclosures, common areas, cages, benches, tables, tubs, bedding, etc., must be cleaned and then sanitized/disinfected after any one animal or group of animals ceases to occupy the space and before any other animal or group of animals occupies the same space or more often if necessary to maintain clean and sanitary conditions. Animals that are housed indefinitely must have their enclosures cleaned and sanitized as often as necessary to maintain clean and sanitary conditions. 13.3. With the exception of enclosures of small animals and birds, visible animal wastes must be removed from enclosures and common areas daily or more often if necessary. All visible waste must be removed from the enclosures of small animals and birds at least weekly or more frequently if necessary to prevent contamination of the pet animals and to reduce disease hazards and odors. 13.4. Animals must be protected from exposure to water under pressure or to chemical solution used in cleaning the facility. 13.5. Litter boxes must be kept clean inside and out. 13.6. Food and water containers, including self-feeders and self-waterers, must be cleaned and sanitized at least weekly, or more often if necessary, and between use by different animals or groups of animals. 13.7. Disposable food and water containers may be used if discarded after each use. 13.8. All bird and small animal cage accessories (ladders, toys, perches, etc.) made of unsealed wood must be cleaned or replaced as often as necessary to maintain clean conditions. Perches, nests, or nest boxes in cages where birds are incubating eggs or brooding chicks must be cleaned and sanitized between breeding seasons or after all offspring have been permanently removed from the breeding cage. 13.9. All pet animal enclosures, cages, runs, isolation rooms, or areas that contain pet animal(s)

(except fish) suspected or being treated for communicable disease must be cleaned and sanitized as often as necessary to maintain clean and sanitary conditions. Fish enclosures must be cleaned and treated as appropriate for the species. 13.10. Cross-contamination during cleaning of isolation rooms and areas must be minimized by limiting direct contact between animals, limiting handling of the animals, and taking precautions to prevent contaminating other animals. 13.11. Outdoor substrate must be removed or replaced when permeated with urine or fecal matter, or when odors are present. 13.12. Equipment used in a grooming or boarding facility such as brushes, combs, and clipper blades must be cleaned and sanitized between uses on different animals. 13.13. Hair on the floor around a grooming station must be removed after an animal is groomed and before any other animal may be groomed. Animals cannot have unrestricted access to the hair on the floor around grooming stations. 13.14. Animal and food wastes, used bedding, debris, and any other wastes must be removed from the pet animal facility daily and must be removed from the premises weekly or more frequently as necessary to control infestation, odors, disease hazards, and nuisances. 13.15. Unopened pet food must be stored in waterproof, closed containers or at least 4 inches off the floor. Opened pet food must be stored in waterproof, closed containers. Expired food must be immediately discarded. 13.16. The building and grounds must be kept clean, in good repair, and free of trash and unnecessary or unused items. 13.17. Weeds and grass must be mowed or cut down in and around enclosures and common areas where animals are kept or exercised. 13.18. Pests must be controlled. Food or bedding contaminated by pests must be discarded.

Part 14. Classification and Separation 14.1. Pet animals exhibiting aggressive behavior must be housed in enclosures that prevent them from biting or injuring humans or other animals. 14.2. Pet animals suspected of having a communicable disease must be isolated from other susceptible animals and the public. 14.3. Pet animals housed together must be compatible and have similar environmental requirements. 14.4. Any animal boarded in a licensed retail facility must be physically separated from sale animals. 14.5. Dogs, cats, and other species in animal shelters and boarding/training facilities must be housed in separate rooms. Facilities may submit a written request to the Commissioner for an exemption from this requirement. Separate isolation for each species is not required. 14.6. Any facility that operates as both a boarding/training facility and an animal shelter must have separate ventilation and full-wall separation between the boarding/training and shelter areas.

Facilities may submit a written request to the Commissioner for an exemption from this requirement. Any such submission must demonstrate provisions for the health and safety of the animals in the facility if such exemption were to be granted. 14.7. Puppies, kittens, and rabbits under the age of 22 weeks may not be housed in the same enclosure with adults other than their dam or foster dam, unless under direct supervision.

Facilities may submit a written request to the commissioner for an exemption from this requirement. Any such submission must demonstrate adequate provisions and safeguards to protect the health and safety of the animals in the facility. 14.8. With the exception of a licensed breeding facility, females in season (estrus) must not be housed in enclosures or placed in common areas with other animals. In animal shelters, animals that have reached sexual maturity must be housed separately from the opposite sex unless spayed or neutered. Birds and reptiles are exempt from this requirement. 14.9. Any bitch or queen in whelp must be housed individually a minimum of one week prior to its whelping date. 14.10. Dog breeder facilities, animal shelters, animal sanctuaries, and commercial pet animal facilities may house no more than 5 dogs over 22 weeks of age, in an enclosure or common area, unless under constant and direct supervision. Dog breeder and commercial Dog breeder facilities, animal shelters, animal sanctuaries, and commercial pet animal facilities may submit written request to the Commissioner for an exemption from this requirement if the facility has no disciplinary matters pending. Any such submission must demonstrate provisions for the safety and well-being of dogs in the facility if such submission were to be granted. 14.10.1. Employees who are engaged in performing other tasks, including grooming other pet animals, do not satisfy the requirement for supervision. 14.11. Boarding/training facilities and pet handlers may commingle dogs from different households in common areas, under constant and direct supervision, with the written consent of the owners. 14.11.1. There must be a minimum of one human supervisor (at least 16 years of age) present, at all times, who has immediate access to and is able to directly supervise and constantly view each common area where dogs from different owners are commingled.

Under no circumstances will viewing by video camera or through windows be considered acceptable supervision to satisfy this requirement. Employees who are engaged in performing other tasks, including grooming other pet animals, do not satisfy this 14.11.2. There must be at least one human supervisor for every 15 dogs commingled within each common area. If more than 15 dogs are commingled in a common area, then the supervisor-dog ratio becomes: 2-15 dogs – one supervisor; 16-30 dogs – two supervisors; 31-45 dogs – three supervisors; 45-60 dogs – four supervisors. 14.11.3. No more than 60 dogs may be commingled in any enclosure or common area at any time. 14.11.4. Common areas used to commingle dogs must be a dedicated and appropriately sized area free from hazards. The area must have the space to allow dogs to display species typical behavior. 14.11.5. Commingled dogs must be compatible. 14.11.6. Dogs over 18 months of age must be sterilized before commingling with dogs from other households. 14.12. Only dogs may be commingled.

Part 15. Veterinary Care and Disease Control 15.1. Shelters, rescues, and retail/wholesale facilities that do not have a veterinarian on staff shall have a signed and dated written agreement with a licensed veterinarian for services and consultation regarding animal health needs. This agreement must be updated each year. The name and phone number of the veterinarian must be included. Pet animal grooming, boarding/training and breeding facilities shall have a working relationship with a veterinarian to provide timely veterinary care. The name and phone number of the veterinarian must be available to the inspector upon request. 15.2. Pet animals must be observed daily for signs of injury or illness by the person in charge of the facility or by an employee working under his/her direct supervision. 15.3. Sick, diseased, or injured animals must be provided with timely veterinary care or euthanized in a humane manner under the direction of the facility’s veterinarian. Euthanasia must be consistent with § 35-80-102(7), C.R.S. 15.3.1. Boarding/training, grooming, and pet handler facilities that seek veterinary care for animals must notify the owner that care was sought within 24 hours. 15.4. Grooming facilities may not administer tranquilizers, sedatives, or any other pharmaceutical drug or non-pharmaceutical drug designed to calm an animal during the grooming process. 15.5. Boarding/training facilities acting as agents for the owner may administer medication to pet animals being boarded as directed by the owner’s veterinarian. If the operators agree to administer prescription medications, the medications must be in the original container issued by veterinarian or pharmacy and administered according to label directions. The label must include: client name/pet name, dosage, drug name, veterinarian’s name, and date issued. All supplements or non-prescription medications must be in their original containers. 15.6. Boarding/training facilities may not administer tranquilizers, sedatives, or any other pharmaceutical drug or non-pharmaceutical drug or supplement designed to calm an animal unless the drug or supplement is administered under the direction of the animal’s veterinarian, with a written prescription from the animal’s veterinarian. 15.7. Prescription medication, including prescription bathing products, may only be administered to pet animals under the written direction of a licensed veterinarian. 15.8. Expired medication may not be administered to pet animals under any circumstance and must be discarded.

Part 16. Isolation 16.1. There must be an isolation area available for pet animals in boarding/training, dog breeder, cat breeder, and small animal breeder facilities. Facilities may submit written request to the Commissioner for an exemption from this requirement. 16.2. There must be an isolation room available for pet animals in animal shelter, bird breeder, and retail/wholesale facilities. The isolation room must be used exclusively for isolation purposes.

Facilities may submit written request to the Commissioner for an exemption from this 16.3. This isolation room must have a separate wash sink with single service hand soap and towel dispenser. Facilities may submit written request to the Commissioner for an exemption from this 16.4. The minimum space requirements for each species must be applied while an animal is in isolation, unless otherwise directed by a veterinarian. 16.5. Cross-contamination in isolation areas must be minimized by limiting handling of the animals and taking precautions to prevent contaminating other animals. 16.6. Equipment and supplies for isolation must be used and stored exclusively in isolation. 16.7. All surfaces in isolation must be water resistant and be able to be cleaned and sanitized. All occupied enclosures within isolation shall be cleaned and sanitized each day. Fish and amphibian enclosures must be cleaned and treated as appropriate for the species.

Part 17. Food and Water 17.1. Food 17.1.1. Pet animals must be fed in a manner that is consistent with the nutritional needs for the age, size, condition, and species. 17.1.2. Perishable food must be refrigerated. 17.2. Water 17.2.1. If potable water is not continually available to the pet animal, it must be offered as often as necessary to ensure health and well-being, but not less than twice daily. 17.2.2. Potable water must be available to birds, turtles, and amphibians at all times. 17.2.3. For reptiles, potable water must be provided as appropriate to the species for drinking, soaking, or defecation in a container large enough to accommodate the entire animal.

Water must be offered in a form that will facilitate drinking. 17.3. Access 17.3.1. Animals must be provided food and water in containers except when otherwise appropriate to the species. 17.3.2. Open food and water containers must be accessible to the pet animal and located to minimize contamination of the food or water in the container. 17.3.3. Animal food and water containers must be safe, in sufficient number, of adequate size, of appropriate type, and located so as to enable each animal to be supplied with an adequate amount of food and water. 17.3.4. All mammals and birds must be fed at least once daily.

Part 18. Special Requirements 18.1. Pet animals must be groomed to prevent matted hair, overgrown nails, and overgrown beaks and so that they have freedom of movement and so that they may perform normal bodily functions and so that the health and welfare of the animal is protected. 18.2. Reasonable care must be taken to transfer only those pet animals that are free from undisclosed disease, injury, or abnormality. 18.3. Any pet animal, excluding reptiles, fish, and rodents, transferred into a PACFA-licensed facility from outside Colorado must be accompanied by a valid Certificate of Veterinary Inspection issued by an accredited veterinarian within the state of origin and within 10 days prior to the animal’s arrival in Colorado. Facilities must meet all import requirements as determined by the Colorado state veterinarian. 18.4. Vaccination Requirements: 18.4.1. Rabies Vaccination: All dogs, cats, and ferrets transferred into a PACFA-licensed facility from outside of Colorado must have received a valid rabies vaccine prior to import. The vaccination date, vaccine manufacturer, and serial number must be listed on the CVI. 18.4.2. Parvovirus and Distemper Vaccinations: All dogs at least 6 weeks old transferred to a PACFA-licensed facility from outside of Colorado must be immunized against parvovirus and distemper not less than 14 days before entry. All ferrets at least 8 weeks old transferred to a PACFA-licensed facility from outside of Colorado must be immunized against distemper. 18.4.3. Feline Vaccinations: All cats at least 6 weeks old transferred to a PACFA-licensed facility from outside of Colorado must be immunized against Feline Viral Rhinotracheitis, Feline Calicivirus, and Feline Panleukopenia. 18.4.4. Temporary, limited vaccine exemptions: 18.4.4.1. Licensees are exempt from 18.4.1. if they meet the following requirements. 18.4.4.1.1. Has no disciplinary matters pending. 18.4.4.1.2. Must hold an active PACFA license for at least 2 years. 18.4.4.1.3. Have submitted a Disease Control and Treatment Plan per Part 18.28.1 of this rule approved by PACFA and are compliant with its implementation. 18.4.4.2. Exemptions only apply for dogs, cats, and ferrets who are too young to be vaccinated based on vaccine label requirements. 18.4.4.3. All licensees must; 18.4.4.3.1. Hold all dogs and cats imported for resale or adoption at the facility or foster home for a period of 3 days before being offered for resale or adoption. 18.4.4.3.1.1. This holding period may not take place in a foster provider. 18.4.4.3.2. Maintain a list of all animals that are imported with the vaccination exemption. 18.4.4.3.3. Maintain a log of all persons who come into contact with all unvaccinated dogs and cats that have been imported into the state of Colorado that are available for adoption and/or resale under an exemption. The log must include the date of contact, name of the person who came into contact with the dog or cat, and that person’s address and phone number. If the person is an employee of the facility or veterinary office, the log may use the address of the workplace. 18.4.4.3.4. Must immediately comply with state and local health department requirements for reporting, handling and/or testing of any dog, cat, or ferret that was imported under an exemption that was unvaccinated for rabies and is or was euthanized for showing symptoms associated with distemper or rabies infection. The facility must notify PACFA of an animal sent for rabies testing in writing within 24 hours. 18.4.5. Failure to maintain compliance with the exemption requirements in this section will result in immediate termination of the exemption. 18.5. It is unlawful to sell, transfer, or adopt dogs or cats under the age of eight weeks. 18.6. The acceptance by a licensed pet animal shelter or rescue or exchange between licensed pet animal shelters or rescues of underage animals that have been abandoned or relinquished shall not constitute a transfer for the purposes of § 35-80-108, C.R.S. In such acceptance or exchange, the underage animals shall be kept with the dam, whenever possible. 18.7. A facility may not sell, transfer, or adopt cats less than two pounds of body weight unless written documentation is provided by the facility’s veterinarian stating that the cat has been examined and is of sufficient physical development and general health to be safely transferred or that the cat is greater than 12 weeks of age. 18.8. A facility may not sell, transfer, or adopt guinea pigs, hamsters, rabbits, or any other pet animal species as may be specified by the Commissioner, under the age of four weeks. This does not include birds. 18.9. No person or entity may sell, barter, exchange, or otherwise transfer, import or cause to be imported into this state any type of turtle with a straight carapace length of less than four inches. 18.10. Tethering of pet animals is prohibited except for dogs and cats for grooming and for dogs when cleaning their enclosures or for the purpose of training. 18.10.1. Tethering must be done in a manner that prevents the tethered animal from entanglement with other pet animals or other objects. 18.10.2. Dogs or cats tethered on a raised surface must have constant direct human 18.10.3. Tethers must be attached to the animal by means of a well-fitted and nontightening collar or loop with a swivel on the collar or non-tightening loop. 18.10.4. Dogs tethered for the purpose of training must be under direct and constant 18.11. Untethered dogs or cats groomed on a raised surface must have constant and direct human 18.12. The use of dog houses with chains (tethering) as an enclosure is prohibited. 18.13. Facilities that breed, train, or house Alaskan dog breeds or Alaskan breed crosses, specifically for the purpose of pulling dog sleds, and that have no current disciplinary matters pending before the Commissioner, may submit a written request to the Commissioner for a waiver from the prohibition against dog houses with chains (tethering) as an enclosure. 18.13.1. Any request for waiver of the prohibition must be accompanied by a written plan for training and conditioning of the dogs for a license year, which plan will be in place for each successive year. The plan must be signed by the facility owner and the consulting, licensed veterinarian and compliance with the plan must be documented. 18.13.2. If dog houses with chains are used as an enclosure, the facility must keep a record monthly of the training and conditioning of each dog, showing the number of months per year the dogs are used for pulling sleds, number of days per week spent pulling sleds, and average amount of time dogs spend pulling sleds. 18.13.3. The facility must also record the number of months of the year the dogs are not used for pulling sleds, the number of days per week dogs are trained or conditioned off the tether when they are not pulling sleds, and for how much time each day the dogs are trained or conditioned during this time. 18.13.4. The licensee must document in writing, and keep on file while the dog is in the facility, evidence of the exercise of these dogs. 18.13.5. No female dogs in whelp or with puppies may be tethered. 18.13.6. If dog houses with chains are used as enclosures for dogs kept outdoors, the chains used must be so placed or attached that they cannot become entangled with the chains of other dogs or any other objects. Such chains must be a minimum of 6 feet long and of a type commonly used for the size of dog involved and must be attached to the dog by means of a well-fitted, non-tightening collar or harness. All tethering chains must have a swivel. 18.13.7. If tethering is used, a fence perimeter must surround the entire tethering area to protect the tethered dogs from predators, stray animals, and humans. 18.14. Whelping area 18.14.1. A whelping area containing a whelping box with a solid floor is required for cats and dogs in whelp. 18.14.2. The whelping box must allow the dam to lie stretched out on her side, permitting all puppies or kittens to nurse, and must be large enough to accommodate the puppies or kittens until weaned. 18.14.3. The whelping area must be large enough to allow the dam to leave the whelping box. 18.14.4. Nursery enclosures with wire flooring must have a solid resting surface large enough to accommodate all dogs housed in the enclosure simultaneously. 18.15. Dryers that produce heat must be equipped with a timer that will automatically shut the dryer off after 30 minutes unless the dryer is used as a hand-held dryer or is a dryer directly attended by a person. 18.16. Dryers with heating elements may not cover more than 20% of the total open area of the cage surface. 18.17. Pet animals must be bathed in water at a temperature appropriate to the species/breed, age, and condition of the animal. 18.18. Pet animal facilities using a mobile unit to conduct licensed activities must have a carbon monoxide detector that is in good working order. The detector must be replaced according to manufacturer instructions. 18.19. Each breeding dog or cat must be individually identified by collars, microchips, or tattoos. The Commissioner may approve alternate methods of identification upon written request. 18.20. In animal shelters and commercial pet animal facilities each animal must be identifiable through cage/run cards, identifying collars, leg bands, or alternate methods of identification approved by the Commissioner. 18.21. Behavioral control devices may be used for the safety of pet animals and handlers. Behavioral control devices must be humane and used humanely per the manufacturer’s intended use. All self-tightening collars, pinch collars, muzzles or choke chains may be used when dogs are directly attended and otherwise must be removed. 18.22. Pools 18.22.1. Whenever water in a pool is deeper than the height at the shoulder of the shortest dog in the pool area, an ingress-egress area shall be provided. 18.22.2. No dog may have access to the pool or pool area without constant and direct supervision. Facilities may submit written request to the Commissioner for an exemption from this requirement if the facility has no disciplinary matters pending. Any such submission must demonstrate provisions for the safety and well-being of dogs in the care of the facility if such submission were to be granted. 18.22.3. Facilities must be constructed, maintained, and managed to protect animals from illness, injury, and death resulting from access to pools or pool areas. 18.22.4. Pools with a capacity of less than 100 gallons must have the water changed and be cleaned and sanitized daily. 18.23. No more than eight dogs or cats, or combination of dogs and cats, may be housed in any foster home at any time, including the foster’s personal animals. No more than 5 of those 8 dogs and cats may be dogs. A female dog with puppies under 8 weeks of age or a queen with kittens under 8 weeks of age will be considered one adult. Facilities may submit a written request to the commissioner for an exemption from this requirement. Such an exemption shall be granted at the commissioner’s sole discretion and only upon a finding that the rescue facility has demonstrated adequate provisions and safeguards that ensure the safety and well-being of the animals in the care of the foster home. 18.24. Prior to a dog and cat being placed in a foster provider the animal must be in the rescue or shelter’s possession for at least 14 days. 18.25. In the event a public shelter is unable to comply with any of the facility standards due to lack of funding, the public animal shelter must inform the Commissioner in writing, and the facility may request a waiver of the particular requirement with which it is unable to comply. 18.26. Contingency Plans 18.26.1. All facilities shall identify situations that would require an emergency contingency plan that would cover situations like electrical outages, faulty HVAC systems, fires, mechanical breakdowns, animal escapes, and/or natural disasters or weather emergencies. 18.26.2. All facilities shall outline specific tasks required to be carried out in response to an emergency or disaster such as, detailed animal evacuation instructions or shelter-inplace instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and/or veterinary care; 18.26.3. All facilities shall identify and complete all measures needed to be prepared for a future emergency or disaster such as, training staff and volunteer work force and sourcing and storing materials and supplies needed in the event of an emergency or disaster. 18.26.4. All facilities must conduct an annual review of the contingency plan and maintain documentation of their annual reviews, including documenting any amendments or changes made to their plan since the previous year’s review, such as changes made as a result of recently predicted, but historically unforeseen, circumstances (e.g., weather extremes). Contingency plans, as well as all annual review documentation and training records, must be made available to the Commissioner upon request. 18.27. Behavior and Enrichment Plans 18.27.1. All animal shelters and pet animal rescues shall create and implement a written proactive enrichment plan for the dogs and cats in their care. The plan must be submitted to the Commissioner for approval. If the plan is modified or revised it must be resubmitted for Commissioner approval. The proactive enrichment plan shall be in place for each successive year unless it is modified or revised. All plans must address each environment where dogs and cats are housed, what enrichment will be provided, and the frequency the enrichment will be provided. 18.27.2. Animal shelters and pet animal rescues must implement an individualized/tailored enrichment plan for any dog or cat housed in a shelter or boarding facility for longer than 30 days or any dog or cat exhibiting self-mutilating behavior, stereotypical behavior, or other behaviors indicative of an unacceptable quality of life, when legally viable pursuant to § 35-80-106.3 (1), C.R.S. The plan must include the enrichment to be provided and the frequency of the enrichment. Tailored enrichment plans must have a documented review every 30 days to evaluate the effectiveness of the plan. 18.28. Disease Control and Treatment (DCAT) Plans 18.28.1. Any licensee that transfers pet animals from a source organization for the

purpose of sale or adoption must create and implement a Disease Control and Treatment (DCAT) plan. The plan must include procedures or protocols to address and mitigate the spread of communicable and/or zoonotic illness and disease prior to the acquisition of pet animals from a source organization either in this state or outside of Colorado. The plan must include protocols or procedures to address the quarantine and isolation of pet animals showing signs of illness or disease while in the possession of the facility, including a plan for foster homes and foster providers to obtain timely veterinary care. It also must include a plan for providing post-transfer support. The plan must be in writing and submitted to the Commissioner for approval. If the plan is modified or revised it must be re-submitted to the Commissioner for approval. The plan shall be in place for each successive year unless it is modified or revised.

Part 19. Recordkeeping 19.1. Each licensee must keep and maintain records in the form and manner designated by the Commissioner as set forth by these Rules. The licensee must maintain requisite records at the physical facility address specified in the license application for a period of two years after disposition of the animal for which the record was originally made. All required records must be made available to any inspector authorized by the Commissioner during an inspection or upon request. Animals within records must be easily identified through organization method or identifying number. 19.2. Acquisition records are required and must include, at a minimum: the date the animal was transferred; source or how acquired; name, address, phone number, and signature of the source if known, indicating a conveyance of ownership; number of animals received; animal breed or species; specific identifying characteristics if available; bird band number or other identification approved by the Commissioner, if applicable; date of birth of dogs, cats, hamsters, rabbits, and guinea pigs. 19.2.1. The animal holding period for stray animals as defined by CRS 35-80-106.3 may only be completed by a licensed animal shelter that has open business hours for the public. A shelter must make a reasonable effort to reunite a stray animal with its owner. 19.3. Disposition records are required for all pet animals, except for fish, mice, rats, and invertebrates, and must include the date of birth for dogs, cats, rabbits, guinea pigs, and hamsters. The disposition records must include breed or species, gender, and physical description of the animal and name, address, phone number, date of transfer and signature of the recipient of the animal indicating a conveyance of ownership. For kittens under 12 weeks of age the weight at the time of transfer must be included. For psittacine birds, the bird band number must be included. 19.4. Facilities must record date of death or euthanasia for dogs, cats and psittacine birds. Records of euthanasia shall include species or breed, date, and method of euthanasia including dosage. 19.5. Maintenance 19.5.1. A maintenance record must be kept for each dog and cat housed permanently at a facility. These records must include the name, date of birth, breed, gender, color, any identifying characteristics, and required permanent identification information. 19.5.2. Records of animals boarded, trained, transported by a pet handler, groomed, or animals exhibited that are not owned by the commercial pet animal facility must be kept by the facility and must include the name and address of the owner of the pet animal, date of transaction, species/breed, specific identifying characteristics, name, gender and age, and name of the owner’s veterinarian. 19.5.3. Boarding/training, grooming, and pet handler facilities must have record of a current rabies vaccine for dogs, cats and ferrets over 16 weeks old, and current distemper, and parvovirus vaccine for dogs over 8 weeks old, and a current FVRCP vaccine for cats over 8 weeks old. Dogs and cats may be exempted from the vaccine requirements if a licensed veterinarian signs a statement saying that the vaccine would endanger the animal’s life. Dogs that have been exempted may not be commingled with other dogs. 19.6. Zoonosis 19.6.1. Any facility selling, adopting or otherwise transferring psittacine birds to the public must furnish the buyer or adopter of each psittacine bird a Psittacine Bird Sales Record approved by the Commissioner, giving the business name of the facility, the name, address and phone number of the person buying or adopting the bird, and the number, species and leg band identification number, or other identification approved by the Commissioner, for each bird. Printed on this sales record must be a warning to the buyer or adopter of a possible psittacosis hazard. This warning must include a description of the disease signs in birds, symptoms in humans, and a statement regarding the critical need for prompt medical diagnosis and treatment when symptoms are present. 19.6.2. Any facility selling, adopting, or otherwise transferring herptiles must have each retail purchaser or adopter of one or more reptiles read an educational document approved by the Commissioner. This educational document must state the possible salmonellosis hazard to people and describe common hygienic practices to help prevent salmonella exposure to humans. The purchaser must sign a dated register provided by the pet animal dealer after reading this educational document. 19.6.3. Any facility selling, adopting, or otherwise transferring dogs, cats, or ferrets must provide an educational document prescribed by the Commissioner to each retail purchaser or adopter describing the benefits of rabies vaccination and the risk of rabies infection. This document must state the potential risk to humans posed by the rabies virus and the methods to prevent human and animal exposure. The retail purchaser or adopter must sign or initial that this document has been received. 19.7. In accordance with § 35-108-108(1)(i), C.R.S., no person may import or have in his possession for the purpose of selling, trading, giving away, or otherwise transferring any psittacine bird that has not been legally banded with a type of leg band authorized by the Commissioner and appropriate to the size and species of the bird. The Commissioner authorizes any traceable leg band or microchip. 19.7.1. No licensed pet animal facility may use another licensee's registered leg band, nor may a licensee sell or transfer his registered leg band to another person. 19.7.2. Application for a traceable leg band must be made to the Commissioner. 19.7.3. A leg band that is causing injury to a bird may be removed provided the Commissioner is notified in writing. Upon sale, trade, or other means of transfer, the bird must be accompanied with a traceable leg band approved by the Commissioner. If the bird is unable to wear a leg band, the band must be attached to a photograph of the bird to prove identification and be kept with the acquisition/disposition records. 19.7.4. The Commissioner may require other species of birds to be banded. In such event, the Commissioner will notify any licensee affected. 19.8. Written permissions 19.8.1. Housing boarded dogs in crates requires written consent of the owner. 19.8.2. Products not labeled for use on pet animals may be used only with the written consent of the owner. 19.8.3. Records for animals boarded, trained or transported by a pet handler must include a written agreement concerning veterinary care to treat diseased or injured animals and must address disposition of animals that die at the facility. 19.8.4. Battery-operated or electrical behavioral control devices, such as shock collars, shock prods, or electrical fences as well as pinch-collars and choke collars, may be used only with the written consent of the owner. 19.9. Written disclosure 19.9.1. Written disclosure of all treatments and medical procedures received while in the care of the pet animal facility involving immunizations, medications, and any other veterinary treatments, administered prior to transfer, must be provided at the time of transfer to the transferee for all pet animals. A record detailing the product used, the dosage, and the date(s) administered must be included. Proof of disclosure, signed by the recipient of the animal, must be kept with facility records. 19.9.1.1. Written disclosure of any injury, illness or abnormality must be provided at the time of transfer to the transferee for all pet animals. Proof of disclosure, signed by the recipient of the animal, must be kept with facility records. 19.9.2. For grooming, boarding/training and pet handler facilities, an incident file must be kept within each facility for animals sustaining injury or illness requiring veterinary care or death or for any escape. Each report must include date of incident, pet’s name, breed/species, age, owner’s name and contact information, description of incident, course of action, the date and time when the owner was notified and the method of communication. 19.9.3. In the event of either death or escape at a boarding/training facility, pet handler, pet transporter or at a grooming facility, the licensee must notify PACFA in writing within 72 hours. 19.9.4. Treatment records must be kept on all pet animals that receive any medications or immunizations used in the treatment or prevention of illness, or the treatment of injury, while in the care of the pet animal facility. These records must include the identification of the pet animal receiving medical treatment, signs of illness, reason for medical treatment, or veterinary diagnosis, the name of the medication or immunization used, the amount of medication used, the time and date on which the medication or immunization was administered. 19.9.4.1. Facilities that have implemented an individualized/tailored enrichment plan must keep a record that includes the identification of the pet animal receiving tailored enrichment and diagnosis or behavior that led to the tailored program. The facility must document the date, and the type of enrichment provided. The facility must also document any changes in behavior. 19.9.5. In connection with the adoption, sale or transfer, each pet animal facility shall provide, in good faith, the prospective purchaser/adopter, upon request at the time of sale or adoption, a written statement that contains the following information: 19.9.5.1. The date the animal was transferred; source or how acquired; name, and address of the breeder; animal breed or species; specific identifying characteristics if available; bird band number, USDA identifying tag, tattoo, microchip, or other identification approved by the Commissioner; if known, the date of birth of dogs, cats, hamsters, rabbits and guinea pigs; and any medical treatment or medication received prior to arrival at the pet animal facility, if known; and a statement that reads, “This facility is regulated by the Colorado Department of Agriculture’s Pet Animal Care Facilities Act (PACFA) Program”, the statement must include the PACFA webpage address, https://ag.colorado.gov/ICS/PACFA and/or a QR code and the PACFA Program main phone number. 19.9.5.2. The purchaser shall acknowledge in writing receipt of the information required in Part 19.9.5.1. 19.9.5.3. A record of the written disclosure and the receipt acknowledgement shall be retained by the facility. 19.9.6. Retail facilities (pet stores) that sell or offer for sale specific dogs or cats must: 19.9.6.1. Include on all advertisements, including website and social media posts, the purchase price of the dog or cat, and any applicable federal or state license numbers for the breeder of the dog or cat. If the dog or cat is not from a licensed breeder or kennel, the retail facility must state; “this dog/cat is from a breeder or kennel that is not required to be state or federally licensed” 19.9.6.2. Post on the front of the enclosure of each dog or cat, a card or other medium that is at least 3 inches by 5 inches in size that includes all the information required below at a minimum 11-point typed font. The card shall contain: the purchase price of the dog or cat and the following information on the dog or cat's breeder or kennel: full individual’s name; kennel name, if applicable; city; state; and any applicable state or federal license numbers. If the dog or cat is not from a licensed breeder or kennel, the retail facility must state on the written material; “this dog/cat is from a breeder or kennel that is not required to be state or federally licensed”. All disclosures required in this rule must be displayed in a clear and transparent manner. 19.9.6.3. Disclose to a prospective purchaser in writing, prior to the sale of a dog or cat, the following information about the dog or cat: the purchase price of the dog or cat; the interest rate or range associated with any financing or credit card offered to the prospective purchaser; and any applicable federal or state license numbers and an unredacted list of all violations of any federal or state law the dog or cat breeder, broker, or transporter received in the previous two years on a federal or state inspection report that is publicly available. 19.9.7. The need for an individualized/tailored enrichment plan is part of an animal’s treatment records. Shelters and rescues must document that individualized/tailored enrichment is taking place on a daily basis. This becomes the animal’s treatment record, and as such must be kept for two years. The individualized/tailored enrichment plan and treatment record must be disclosed to potential adopters. 19.10. Spay-Neuter 19.10.1. Unless expressly exempted by the commissioner, an animal shelter or pet animal rescue shall not release a dog or cat to a prospective owner unless the animal has been sterilized by a licensed veterinarian. A facility with limited access to licensed veterinarians, or public shelters eligible for waiver of licensing fees, can apply to the commissioner for an exemption to this rule and the requirements of section § 35-80- 106.4, C.R.S. 19.10.2. An animal shelter or pet animal rescue may release an unsterilized dog or cat to a prospective owner if a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the life or health of the dog or cat. 19.10.2.1. If a veterinarian licensed in Colorado declares in a writing that a sterilization procedure is likely to cause a secondary illness, injury, impairment, or physical condition that involves inpatient care or ongoing outpatient treatment, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization due to jeopardizing the health of the animal has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner subject to this subsection. Any secondary illness, injury, impairment, or physical condition mentioned in the exemption must be one that would develop during the surgery, not one that would develop after the procedure is completed. 19.10.2.2. The declaration shall include the date of the examination, the species, description, estimated age of the examined animal, specific diagnosis that requires delaying the procedure, and the date by which the animal shall be sterilized. This declaration shall become part of the animal’s medical record. 19.10.2.3. Animal shelters and pet animal rescues that release unsterilized dogs and cats shall obtain record of the sterilization procedure, or an additional declaration from a licensed veterinarian meeting the requirements of 19.11.1, within 60 days of the date by which the veterinarian declared the animal shall be sterilized. 19.10.2.4. Animal shelters and pet animal rescues that release any unsterilized dog or cat to a prospective owner with a declaration from a veterinarian must implement a written plan to ensure that those animals are sterilized. 19.10.2.5. Animal shelters and pet animal rescues that release any unsterilized dog or cat to a prospective owner with a declaration from a veterinarian shall reimburse adopters for the cost of spay and neuter up to $300 and must include the following statement in the adoption agreement: “Per the Pet Animal Care and Facilities Act, animal shelters and pet animals rescues that adopt dogs and cats that are not spayed or neutered must reimburse the cost of the sterilization procedure up to $300. The facility cannot restrict what veterinarian the adopter chooses to use.” 19.10.2.6. At the time of license renewal, each animal shelter or pet animal rescue shall provide the department with information regarding animals exempted with veterinary declarations. The animal shelter or pet animal rescue shall provide the information in the form provided by the department and shall include the breed, age, category of exemption, reasoning for the exemption, name and Colorado license number of the veterinarian that made the exemption determination. 19.11. Custodian Homes 19.11.1. Breeder facilities using custodian homes must maintain a list containing the custodian’s name, phone number, and current street address for each premises at which pet animals are housed. Name, breed/species, physical description, age, gender, and foster home location must be recorded for each pet animal in a custodian home. The Commissioner may, upon request, have access to any part of a custodian home in which fostered pet animals are kept. 19.11.2. The licensee shall conduct an in-person inspection of each custodian home at least once annually and before any animal is placed in the custodian home. The inspection record must include the date of the inspection, the number and species of pet animal that permanently reside at each custodian home, the signature of the custodian home, and the signature of the person inspecting the home. 19.11.3. The licensee shall obtain a written, signed custodian home agreement with each of its custodian homes before any animal is placed at the location and maintain such record at the physical facility address. The agreement shall include a statement that the custodian home understands and agrees to adhere to all relevant zoning and animal control codes and ordinances, whether local, county, or state. 19.11.4. The licensee must provide written disclosure of all diseases, injuries or abnormalities in the written, signed custodian home agreement. 19.12. Foster 19.12.1. Shelter and rescue facilities using foster homes or foster providers to foster their pet animals, must maintain a list containing the name of the foster provider or foster, phone number, and current street address for each place or premises at which pet animals are housed. Name, breed/species, physical description, age, gender, and foster home location must be recorded for each pet animal fostered. The Commissioner may, upon request, have access to any part of a foster home in which fostered pet animals are kept. 19.12.2. The licensee shall conduct an in-person inspection of each of its foster homes and providers at least once annually and before any animal is fostered at the location and maintain a record of those inspections at the physical facility address. The inspection record must include the date of inspection, the number and species of pet animals that permanently reside at each foster home or foster provider, the signature of the foster or representative for the foster provider and the signature of the person inspecting the foster home or foster provider. Licensees may submit a written request to the Commissioner for a temporary limited exemption from this requirement, if the licensee has no pending disciplinary matters. Any such submission must state why the exemption is necessary and must demonstrate provisions for the safety and well-being of any pet animals to be placed in foster care pursuant to this exemption. 19.12.3. The licensee shall obtain a written, signed foster agreement with each of its foster care providers before any animal is fostered at the location and maintain such record at the physical facility address. Such foster agreement shall include a statement that the foster care provider understands and agrees to adhere to all relevant zoning and animal control codes and ordinances, whether local, county, or state. 19.12.4. The licensee must provide written disclosure of all diseases, injuries or abnormalities in the written, signed foster agreement.

Part 20. Transportation 20.1. Animals transported by a vehicle must be secured within the vehicle by seatbelt harness or an enclosure that is secured to the vehicle. Unconfined transportation in the open bed of a pick-up truck or other open vehicle is prohibited. 20.2. Enclosures used to transport animals must be secured, water-resistant, well-constructed of cleanable material, and designed to protect the health and ensure the safety of the animals. 20.3. Enclosures must have appropriate heating, cooling, and ventilation to ensure the comfort and health of the animals at all times. The requirements of the specific species, age of the animal, and the specific health condition of the animal(s) must be accommodated. 20.4. Enclosures for transport 20.4.1. The openings of such enclosures must be accessible at all times for emergency removal of the animals. 20.4.2. The animals must be afforded protection from the elements. 20.4.3. Animals may not be placed in enclosures over other animals in transit unless the higher enclosure is fitted with a floor of material that prevents waste from entering lower enclosures. 20.4.4. Ingress of exhaust from the vehicle’s engine must be minimized. 20.4.5. Enclosures must be large enough so that each animal has space to turn around, stand, and lie down. 20.5. Animals that are not conditioned to each other may not be transported in the same enclosure. 20.6. Multiple species may not be transported in the same enclosure with the exception of birds. 20.7. Enclosures must be cleaned and sanitized after each use or between animals, or more often if necessary. 20.8. Any vehicle used to transport an animal must be maintained in good repair and kept clean. 20.9. Dogs must be removed from the vehicle at least every 6 hours and allowed to urinate, defecate, and obtain food and exercise. The licensee must document evidence of the exercise of these dogs. Facilities may submit written request to the Commissioner for an exemption from this requirement if the facility has no disciplinary matters pending. Any such submission must demonstrate provisions for the safety and well-being of dogs in the care of the facility if such submission were to be granted. 20.10. Enclosures used to transport cats must have a solid floor and contain a mat, towel, or other soft covering. 20.11. If the trip is 6 hours or more in length, a litter box must be provided within each enclosure for cats.

The litter box may not cover more than 50% of the enclosure floor. 20.12. Animals must be kept hydrated. 20.13. When transporting dogs and cats, a dated manifest must be kept to document number, species, and breed of animals being transported.

Part 21. Temporary Facilities 21.1. Temporary facilities must maintain a set of standard operating procedures, including, but not limited to: schedules and methods for feeding and watering; plans to maintain heating and cooling requirements; plans for cleaning and disinfection; and plans for hand washing. 21.2. Temporary facilities must limit the number and types of animals to comport with standard operating procedures and facility requirements. 21.3. Temporary facilities must comply with all other facility requirements within the physical facility, sanitation standards, food and water, isolation, and classification and separation standards of pet animal facilities, as needed. 21.4. Transfer records for each day for temporary facilities must be kept at the temporary location on said business day, during hours of operation. Thereafter, the records may be kept at the physical facility address. 21.5. Retail/wholesale facilities must notify the Commissioner in writing 10 working days in advance of all temporary event dates and locations of events in which they plan to participate.

Part 22. - 24. Reserved

Part 25. Statements of Basis, Specific Statutory Authority and Purpose 25.1. Adopted June 11, 2014 - Effective July 30, 2014 STATUTORY AUTHORITY:

The Commissioner of Agriculture adopts these rules pursuant to the authorities located at § 35-80-109(1), (2), and (4), C.R.S.

PURPOSE:

The purpose of these rules is to define the administration and enforcement of the Pet Animal Care and Facilities Act, § 35-80-101 through 117, C.R.S., (“PACFA”). The rule includes minimum standards of physical facility, sanitation, ventilation, heating, cooling, humidity, spatial and enclosure requirements, nutrition, humane care, medical treatment, sterilization of dogs and cats released to prospective owners from animal shelters and pet animal rescues, and method of operation, including the minimum holding period for and disposition stray or abandoned pet animals, that are, in the opinion of the Commissioner, necessary to carry out the provisions of this article; the minimum weight requirement for the transfer of cats; maintenance of records concerning health care, euthanasia, and transactions involving pet animals; 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 sub-classifications for any license authorized pursuant to PACFA; the issuance and reinstatement of any license authorized by PACFA and the grounds for any disciplinary actions authorized by PACFA, including letters of admonition or the denial, restriction, suspension, or revocation of any license authorized by PACFA; the amount of any license fee for a pet animal facility license; and the annual date on which licenses and psittacine bird leg bands issued pursuant to PACFA expire.

FACTUAL AND POLICY ISSUES:

PACFA was created by statute in 1994. Between 1994 and the adoption of this rule, the program, animal care standards, and the statute have evolved. The previously adopted rule had become unwieldy with updates, corrections, and revisions. PACFA worked with its Pet Animal Advisory Committee pursuant to § 35-80-115, C.R.S., to streamline the rule to make it more efficient, responsive to new science and information, and user-friendly for licensees.

The existing rule was repealed and re-enacted. This new rule incorporates changes as a result of the Department’s Regulatory Efficiency Review Process conducted in accordance with the Governor’s Executive Order D 2012-002. 25.2. Adopted June 8, 2016 - Effective July 30, 2016 The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §§ 35-80- 109(1), (2)(a), (b.6), (c), (d), (e)(I), and 35-80-106.5(2), C.R.S.

The purpose of this rulemaking is to recodify the Rule from the Animal Health Division to the Inspection and Consumer Services Division. Other changes include: provide clarification in definitions that the regulated community found unclear since the repeal of these Rules in 2014, provide new definitions where necessary to aid with clarity, include new categories for “pet transporter” and “reptile/amphibian,” clarify license application and renewal dates, remove unnecessary licensure categories, update licensure fees, and harmonize all areas of the Rule to integrate the changes to definitions, categories, and licensure dates fully into the Rule. These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

The PACFA Advisory Committee and PACFA staff (the “Reviewers”) identified various terms that needed either clarification to their definitions or a new definition. In addition to refining the definitions, the Reviewers made changes throughout the Rule to how the words “commingle” and “enclosure” are used to bring clarity to the Rules. The Reviewers also received many comments from industry regarding the

regulation of reptile and amphibian breeders. Responding to the concerns in those comments, the Reviewers drafted changes to incorporate reptile and amphibian breeders more specifically into PACFA with their own category and with clarified housing and reporting requirements.

Additionally, the transport of pets into Colorado to rescues and shelters from Texas, Oklahoma, Kansas, New Mexico and Utah has become a major consumer protection issue. Statistics for shelters and rescues show that in 2013 over 17,000 pets were transferred into the state, in 2014 over 24,000 and preliminary estimates of over 30,000 in 2015. The Reviewers identified a large and unregulated conduit by which pet animals enter into Colorado without appropriate records and without minimum health concerns addressed. The Reviewers created a category of licensure for these as “Pet Transporter.”

The Reviewers removed the unnecessary licensure category of “Network Boarding Facility” because it is not a category that is useful any longer. And, they removed the requirement to submit pre-licensure plans because the Department does not approve these plans. They also removed the definition of “sanitation” and amended the “Cleaning and Sanitation” Section to identify what type of sanitation is acceptable because licensees were not correlating the definition of the term with the requirement to sanitize in the

Rule. Due to a lack of clarity with regard to licensure dates, the Reviewers modified language regarding when licenses expire and modified due dates for licensure applications.

With regard to discipline, the Reviewers determined it necessary to permit the Commissioner to issue disciplinary action against a licensee who has failed three inspections within one calendar year, changing that from three re-inspections for an original violation. On occasion, PACFA encounters facilities that fail inspections for different reasons each time. The Reviewers concluded that permitting a facility to continue to operate simply because it fails each inspection for different reasons each time is inequitable to the majority of licensees who are compliant or who remedy their non-compliance issues without adding additional factors of non-compliance.

Licensure fees throughout were adjusted to take into consideration equity and to accommodate the creation of new categories. Where two or more categories were collapsed into one or where a category was removed, the Reviewers made appropriate changes.

To provide additional protection to animals being groomed, the Reviewers found it necessary to indicate that untethered animals being groomed must be under constant supervision. Similarly for animal safety, the Reviewers added “muzzle” to the list of behavioral devices that require supervision.

Record keeping and identification requirements for psittacine birds were relaxed to allow for alternative forms of identification including microchips and photo identification when it is not possible to band a bird and to modify the requirement that a psittacine bird sales record form is only required for birds sold to the public and not for transfers of birds between licensed facilities. Reviewers also found it necessary to add that licensees must record a weight at the time of transfer for kittens under 12 weeks of age to meet the statutory requirement of two pounds. To reduce paperwork for licensed facilities, the reviewers relaxed the zoonosis disclosure in the record keeping requirements allowing facilities to provide their own forms, approved rather than prescribed by the Commissioner, for customers or adopters to initial that they have received the required disclosures for rabies and salmonella. In order to ensure that foster homes understand the necessity to comply with local regulations, the Reviewers found it necessary to require animal rescues to have a written foster agreement with all of their foster homes and include a statement on these agreements certifying that the foster home is in compliance with local zoning requirements and animal control codes.

Specific Purpose of this Rulemaking Changes in these Rules include spelling and grammatical changes. Reviewers located the word “rail” in the chart in Section 12.00 Enclosures, paragraph A. Dogs when the word should have been “tail”, Section 14.00 Classification and Separation, paragraph J. the word “maybe” should be “may be”.

Additions and deletions have been made to Section 1.00 Definitions and Abbreviations to better define some concepts that have arisen out of the enactment of the new Rule in 2014 and remove definitions related to license categories that are no longer used and remove and move definitions to another Rule

Section so they are more clearly defined. Formatting has also been updated to be consistent with other Department Rules.

New definitions include; paragraph B. building, paragraph E. the word commingle, paragraph F. creating a definition of common area, paragraph I.2 using the word “indefinitely” to better define what an animal sanctuary is, I. 5 adding correctional facilities that train dogs regardless of compensation to the boarding and training facility definition, removing the definition and category of I. 10 network boarding facility as it is not used by licensees, creating a new category and definition under I. 10 of Pet Animal Transporter to address the growing concerns of pet animals being imported into the state for adoption by shelters and rescues, in I. 13 adding the category and definition of reptile/amphibian(herptile) breeder to address the increase in breeding and selling of reptiles and amphibians, paragraph J. creating a definition of enclosure to better define the difference between common area and enclosure for supervising and separating animals during exercise or social interaction, paragraph M. defining indoor, paragraph N. defining the word infirm, paragraph S. defining outdoors and removing the definition of paragraph P. sanitation and moving it to Section 13.00 Cleaning and Sanitation and paragraph Y. striking 12-month and replacing it with calendar year for the definition of a temporary single retail event.

Changes to Section 2.00 Application for Licensure and Conditions for Licensure include; striking C. 4 since plans are no longer required to be submitted prior to operation, F.1 adding reptile/amphibian (herptile) breeder to the licensing threshold by species Section, F. 1 subsection d through g adding the threshold numbers for the breeding of reptiles and amphibians, G. 1 requiring groomers to provide premise change notification, striking H. as network boarding facility is being removed and Pet Handler is no longer a sub category of boarding/training.

Changes to Section 3.00 Facility License Requirements include; paragraph A. adding Reptile/Amphibian Breeder, Pet Handler and Pet Transporter to the list of facilities that need to be separately licensed, paragraph G. making the license year March 1 and paragraph J. making the license renewal for psittacine leg bands March 1.

Changes to Section 4.00 License Fees include; changes to paragraph D. 1 retail aquarium increased to $350 from $300 to bring it more in line with the retail/wholesale category, D. 4 and 17 combined common and uncommon bird breeder into one category called bird breeder and made the fee $200, D. 8 deleted Network Boarding Facility and the fee, created a new D. 8 to combine for profit and non-profit animal rescue and made the fee $225, D. 11 added facility to the pet grooming category and added the sub categories of independent contractor pet groomer and self-wash only grooming facility, added the new categories of D. 14 pet transporter at $225 and D. 15 reptile/amphibian breeder at $225.

Changes to Section 5.00 Annual Report By Licensee include the additions of pet handler, pet transporter and reptile/amphibian breeder facility who are required to submit an annual report.

Changes to Section 9.00 Disciplinary Actions and Denial of Licensure include; paragraph A. 1 subsection b allowing applicants to request an exemption from the Commissioner why they await the pre-license inspection process, paragraph B. 6 striking original violation and changing the intent to only allow licensees three failed inspections before the initiation of disciplinary action.

Change to Section 10.00 Inspections to align with the wording in the statute, striking mutually agreeable to make licensees provide regular business hours for inspection.

Changes to Section 12.00 Enclosures include; paragraph G.3 for mice, striking 5 inches to align with industry standards to provide 3 ½ inches above substrate, K. 16 for snakes striking subsection a, b and c and creating a new subsection a requiring 30% of the floor space in the enclosure to be left open for the snake to move, feed, water, defecate, thermoregulate and requires a perch for arboreal snakes.

Changes to Section 13.00 Cleaning and Sanitation include: a new paragraph A. defining the methods of sanitation, adding wording to paragraph B. to better define the two step process of cleaning then sanitizing.

Changes to Section 14.00 Classification and Separation include; paragraph J. to make the Rule more clear adding with the following exceptions, J. 2 and 5 added the words commingled in common areas to address the intent of commingle animals in common areas for exercise and not in primary enclosures where animals eat and sleep.

Changes to Section 18.00 Special Requirements include; a new paragraph J to address groomers leaving untethered dogs or cats unsupervised on a raised surface, paragraph S. adding muzzles to the list of behavioral devices that require supervision while in use.

Changes to Section 19.00 Recordkeeping include; paragraph C. adding that the licensee must record the weight at time of transfer for kittens under 12 weeks of age, paragraph F. 1 Zoonosis adding to the public relaxing the Rule that transfers of psittacine birds between licensed facilities requires a psittacine bird sales record, F. 2 changed the wording prescribed to approved, F. 3 allowing licensed facilities to use their own forms with places for adopters or customers to initial that they have received the rabies or salmonella educational documents instead of requiring a register, paragraph G. revises the language to allow for additional identification for psittacine birds and revises the language to allow for photo identification for birds that can’t be banded, paragraph K. requires licensed facilities to have a written agreement with their foster homes and requires a statement on the agreement acknowledging that the foster home is in compliance with local zoning and animal control codes.

Changes to Section 20.00 include; paragraph I. adding that facilities may request an exemption from removing dogs from a vehicle every 6 hours during transportation if the facility has no disciplinary matters pending. 25.3. Adopted April 12, 2017 - Effective May 30, 2017 The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §§ 35-80- 109(2)(a) and (b), C.R.S.

The purpose of this rulemaking is to provide a new definition to aid with clarity; and revise enclosure requirements for puppies, and kittens.

Specific changes include: add definition for “Sink”; striking “and rescue” under the licensing requirements for facilities under Part 2.6.2; changing the threshold number under Part 2.6.6 for the sheltering of mice, rats and gerbils from 100 to 200 to be consistent with the threshold for mice and rat breeders; remove “Pet Handler” and adding the word “Facility” to the Reptile/Amphibian Breeder to make it consistent with the other breeders listed in annual reports; change the age from 16 weeks to 22 weeks in 12.1.6, 12.1.7, 12.2.8, 12.2.10 and 12.2.11 as facilities are housing these animals for longer periods of time; make revisions to the square footage requirements for the puppy and kitten charts to allow for more square footage for longer periods of time; revise the guinea pig and ferret charts to reflect more square inches for larger animals and more square feet for ferrets of certain ages that occupy the same enclosure; increase the age from 4 months to 22 weeks thereby increasing the age where puppies, kittens, and rabbits can be housed in the same enclosure with adults in 14.7; allow facilities to request an exemption for direct supervision of dogs in pools provided the facility demonstrate provisions to provide for the safety and well-being of any dog using smaller pools without supervision; change recordkeeping requirements by deleting the words “each animal” and specifically listing dogs, cats, rabbits, guinea pigs and hamsters in 19.3 to create consistency with 19.2 and the statute; and remove the phone number from the disclosure requirement in 19.9.5.1 to provide breeder information. Other changes include spelling, grammatical, nonsubstantive changes; updating the numbering system to be consistent with other Department Rules; and update internal citations to reflect new Rules.

The Reviewers removed the transfer and housing thresholds for animal rescues. The Reviewers made this change to the Rule to address a growing number of animal rescue groups that are using web-based mechanisms to move undisclosed numbers of animals around, while operating as an “animal rescue” without a license. With a growing number of unlicensed rescue groups in Colorado, the Reviewers determined that too many dogs and cats were passing through these rescue facilities where PACFA was not able to ensure that minimum standards of animal care may be ensured.

The Reviewers introduced an exemption to the requirement for direct supervision in conjunction with the use of pools at pet animal care facilities. This addition would allow the Commissioner to grant exemptions of specific rules provided the licensee who applies for the exemption is able to demonstrate provisions to provide for the safety and well-being of the animals should the Commissioner grant the requested exemption.

Enclosure sizes were revised and increased at the request of the pet retail/wholesale industry for puppies kittens and ferrets based on the age of the animals, revising the language from 4 months to 22 weeks and increasing the space for animals held for longer periods of time due to more facilities having to house animals for longer periods of time.

Two record keeping changes were made to the disclosure requirements, one to revise the list of animals that require a date of birth for disposition records and the other regarding facilities to provide the phone number of the breeder. The Reviewers felt that providing the phone number could open breeders up for harassment 25.4. Adopted September 17, 2019 – Effective October 30, 2019 Statutory authority:

The commissioner of agriculture adopts these rules pursuant to § 35-80-109(1) and (2), c.r.s.

The purpose of this rulemaking is to effect the changes from the 2018 Sunset Report and Senate Bill 19-158, including: changes to pet animal sterilization requirements; the addition of disciplinary actions related to convictions for violations of local, state or federal laws involving animal theft, importation, capture, cruelty, neglect or abuse in any jurisdiction; and the extension of a two-year period of ineligibility to all parties with substantial control over the daily operations of an entity.

This rulemaking also adds new definitions, revises fees for all license categories, clarifies and adds requirements for small mammal and reptile enclosures, and updates reporting and recordkeeping requirements.

Factual policy and issues:

The changes from the 2018 Sunset Report and Senate Bill 19-158 simplify animal sterilization requirements and ensure licensees are compliant with all areas of law that affect animal welfare.

The new sterilization requirements eliminate the option to re-home a dog or cat without sterilization by making a deposit and signing an agreement to have the animal sterilized in the future; this ensures dogs and cats are safely sterilized before they are re-homed. The addition of disciplinary actions related to convictions of local laws and specific animal-related laws ensures PACFA licensees are compliant with all animal welfare laws.

Additionally, the reviewers added new definitions, including a new license category for commercial pet animal facilities, and separate definitions for retail and wholesale facilities. A new category of commercial pet animal facility was added at the request of stakeholders to better represent exhibition, recreation and sporting businesses like hunt clubs and sled dog facilities that do not breed animals as part of their business model. A separate wholesale license category was added for hobby and other breeders that sell to retail establishments in an effort to improve the health and welfare of animals placed in commerce.

The reviewers also added a definition of ‘direct supervision’ to clarify that licensees must have staff members physically present in the same space as the animals being supervised to provide for animal safety and welfare; supervision from another location via a window or recording equipment is not sufficient.

Enclosure requirements were revised to better reflect industry standards for housing lizards, hedgehogs, chinchillas and sugar gliders. Additionally, weekly reporting requirements were added to aid inspectors in ensuring that enclosures for reptiles and fish are maintained properly for the health, safety and welfare of the animals.

Recordkeeping requirements were also revised to ensure accountability and document animal welfare. Licensees must now keep and maintain disposition records for herptiles, and facilities that use foster care providers must keep and maintain a foster agreement, that includes disclosure of disease, injury or other abnormality, before any animal is transferred to the care of a foster provider. These changes will limit the transmission of disease and improve traceability of disease. Additionally, any animals transferred from out of state must meet all import requirements of the Colorado State Veterinarian.

After the rulemaking hearing sugar gliders were added to the small animal enclosure requirement to provide security shelters; and non-pharmaceutical drugs and supplements were added to the list of items used to calm animals that require a prescription from a veterinarian prior to being administered in boarding/training facilities. 25.5. Emergency Rule Adopted March 21, 2020 – Effective March 21, 2020 The Commissioner of Agriculture adopts these rules pursuant to §35-80-109(1) and (2), C.R.S. and §24- 4-103(6), C.R.S.

This is a temporary emergency rule exemption to 19.11.2 intended to enable an emergency response to the outbreak of the COVID-19 virus. More specifically, this rulemaking will permit approved facilities to transfer pet animals to a foster care provider without first conducting a home inspection.

This temporary emergency rule will allow approved facilities to transfer pet animals quickly and to more homes than otherwise possible while also taking necessary protective measures against the COVID-19 virus. The outbreak of the COVID-19 virus has resulted in both an increase in pet animals being transferred to shelters, sanctuaries and rescues, and a shortage of facility staff to care for those animals.

This exemption allows use of foster care homes without requiring staff to risk exposure or transmission of the virus, and is necessary for the preservation of public health, safety and welfare. This rulemaking does not comply with the requirements of section 24-4-103, C.R.S., because compliance at this time is contrary to public interest; immediate adoption is imperatively necessary for the preservation of public health, safety and welfare. 25.6. Emergency Rule Adopted August 12, 2020 – Effective August 12, 2020 The Commissioner of Agriculture adopts this rule pursuant to §35-80-109(1) and (2), C.R.S. and §24-4- 103(6), C.R.S.

This is a temporary emergency rule re-promulgating 19.11.2, which expired on July 19, 2020 with the March 21, 2020 emergency rule exemption.

On March 21, 2020, the Commissioner adopted an emergency rule exemption to Rule 19.11.2, which permitted approved facilities to transfer pet animals to a foster care provider without first conducting a home inspection. This emergency exemption expired on July 19, 2020 and resulted in the removal of the entire rule 19.11.2, not just the emergency exemption. This rulemaking will reinstate the original rule 19.11.2., which is imperatively necessary for the preservation of public, health, safety and welfare.

This rulemaking does not comply with the requirements of section 24-4-103, C.R.S., because compliance at this time is contrary to public interest; immediate adoption is imperatively necessary for the preservation of public health, safety and welfare. 25.7 Adopted October 14, 2020 – Effective December 15, 2020 The Commissioner of Agriculture adopts these Rules pursuant to the authorities located at §35-80- 109(2)(a) and (b), C.R.S.

The purpose of this rulemaking is to make permanent the emergency rule, Part 19.11.2, adopted on August 12, 2020.This rule requires inspections and recordkeeping of foster homes before any animals are fostered at the location. This rulemaking clarifies that such inspections must be conducted in person, unless a temporary limited exemption is granted, at the sole discretion of the Commissioner. The purpose of this rule is to ensure that any animals housed in foster homes are placed in safe and appropriate environments before they are transferred, and to ensure the animals can be accounted for and traced once they have been placed. Part 19.11.2 is a long-standing rule that expired with an emergency rule on July 19, 2020; this rulemaking simply reinstates the original rule and provides an on-going option for an exemption should the Commissioner deem that one is necessary. 25.8. Adopted September 8, 2021 – Effective October 30, 2021 The Commissioner of Agriculture adopts these rules pursuant to §35-80-109(2), C.R.S.

The Purpose of the rulemaking is to add qualifying and continuing education as an additional requirement for licensure found in subsection 2.5.

Many regulated professions that serve the general public require a level of qualifying and continuing education as a condition to licensure. Educational requirements for licensed professionals maintain a basic level of competency and establish consistent standards within the profession. Under Title 35, Article 80 of the Colorado Revised Statutes, the Commissioner has the authority to establish qualifications of any applicant for licensure and the ability to issue and renew any license based on established requirements.

By incorporating qualifying and continuing education, licensees will have a better understanding of the regulatory requirements, industry standards, and best practices related to animal care; thereby, increasing compliance and improving the health and safety of pet animals throughout the state. The education courses will be required to be completed by the applicant who applies for a new license or to renew an existing license. However, facility staff may voluntarily take the courses at their own discretion. 25.9. Adopted April 13, 2022 – Effective June 15, 2022 The Commissioner of Agriculture adopts these rules pursuant to §35-80-109(2), C.R.S.

The purpose of this rulemaking is to effect the changes from House Bill 21-1102, which implements disclosure requirements for retail pet animal dealerships (pet stores) that sell dogs and/or cats.

House Bill 21-1102 requires retail pet animal dealerships (pet stores) to disclose specific information to prospective purchasers of dogs and cats, on any advertisements or social media posts. Reviewers added that disclosures required on the enclosure would be required to be on at least media that is 3 inches by 5 inches and in at least 11-point font.

Additionally, House Bill 21-1102 requires retail pet animal dealerships (pet stores) to disclose to a prospective purchaser in writing, prior to the sale of a dog or cat, information about the purchase price and any financing offered; and any applicable federal or state license numbers and violations the breeder, broker, or transporter received in the previous two years on a federal or state inspection report that is publicly available.

Reviewers added additional requirements to the rule which require all facilities that adopt or sell pet animals to include a statement on the adoption or sales agreement that the facility is regulated by the Colorado Department of Agriculture’s Pet Animal Care and Facilities Act (PACFA) Program. 25.10. Adopted March 16, 2023 – Effective May 15, 2023 The Commissioner of Agriculture adopts these rules pursuant to §35-80-109(2), C.R.S.

The purpose of this rulemaking is to effect the changes from House Bill 21-1160, which requires animal shelters and rescues to provide for the behavioral needs of dogs and cats in their care. This rulemaking also implements requirements for all licensed facilities to create and enforce a contingency plan to address emergency situations, and requires licensed facilities that transport, move or import pet animals to have a Disease Control and Treatment (DCAT) Plan. In addition, these rule amendments update environmental conditions within facilities, remove the requirement to keep weekly records for the temperature and humidity control for herptiles, add pet handlers to the types of facilities that must get written permission to commingle dogs, add non-pharmaceutical drugs to the list of drugs that groomers cannot use, add minimum space requirements for animals in isolation, add isolation room cleaning requirements, limit the number of animals allowed in foster homes on behalf of animal shelters, and add a written disclosure requirement for any injury, illness or abnormality.

House Bill 21-1160 requires animal shelters and rescues to provide for the behavioral and enrichment needs of animals in their care, thereby improving the quality of life for pet animals in Colorado. The Commissioner received comments expressing concern that the proposed rule changes encouraged euthanasia. As such, the Commissioner removed language referencing euthanasia from Part 18.25.2 and

Part 1.31. Disposition of cats and dogs is at the discretion of the animal shelter or rescue pursuant to 35- 80-106.3(1), C.R.S.

This rulemaking also improves the safety of pet animals in Colorado by requiring the creation and enforcement written contingency plans for emergency situations and disasters, and a written Disease Control and Treatment (DCAT) plan for any facility that transfers, moves or imports animals.

Additionally, reviewers updated and added rules that reduce renewal penalty fees, require facilities provide for environmental conditions, require pet handlers to have written permission to commingle dogs, restrict groomers use of non-pharmaceutical drugs, limit animal shelters use of foster homes, and requires written disclosure of any injury, illness or abnormality by any facility adopting or selling pet animals. 25.11. Adopted May 15, 2025 – Effective July 15, 2025 The Commissioner of Agriculture adopts these rules pursuant to § 35-80-109(2), C.R.S.

The purpose of this rulemaking is to implement the changes from Senate Bill 24-045, which amended § 35-80-106.4, C.R.S., and requires animal shelters and rescues to sterilize dogs and cats prior to adoption. The amendments to Senate Bill 24-045 and the proposed rules clarify when an exemption can be granted, and the recordkeeping and reporting requirements for such exemptions. In addition, this rulemaking requires certain vaccinations for dogs, cats and ferrets imported into Colorado with a limited exemption for the rabies vaccine for qualified licensees. This rulemaking also adds new definitions; changes threshold numbers for the breeding, rescue and shelter of herptiles; updates enclosure requirements for some species; updates cleaning, sanitation and isolation rules; updates rules regarding commingling of animals, and updates recordkeeping requirements for dogs and cats in grooming, boarding/training and pet handler facilities.

This proposed rulemaking improves the safety and welfare of pet animals in Colorado. These rules affect the changes from Senate Bill 24-045 and clarify the grounds for an exemption to the sterilization requirements in § 35-80-106.4, C.R.S., thereby reducing the number of pet animals that are not sterilized for reasons unrelated to the health of the animal. This proposed rulemaking also requires all dogs, cats and ferrets imported into Colorado to have certain vaccines. It creates an exemption for the rabies vaccine that is available for those licensees that qualify. The new rules establish the requirements for such an exemption and ensure that only those licensees that are compliant and qualified are exempt, thereby reducing the risk of disease transmission and outbreak in the state, which safeguards not only pet animals but caretakers as well.

In addition, these proposed rules clarify definitions, reduce threshold numbers for licensure, and update enclosure, cleaning and sanitation and commingling requirements, and update recordkeeping requirements. The changes to the enclosure requirements for herptiles ensure the health and welfare of herptiles in Colorado and give licensees the time needed to update their facilities and enclosures. These proposed changes are in alignment with stakeholder feedback and public comment made at the rulemaking hearing. Additionally, the updated recordkeeping requirements for boarding/training, grooming and pet handler facilities help ensure more pet animals are properly vaccinated before commingling or being exposed to other animals while at licensed facilities. These changes are based on public comment and stakeholder feedback at the rulemaking hearing and are an important part of ensuring the safety and welfare of all Colorado pet animals and consumers. _________________________________________________________________________

Editor's Notes

History Entire rule eff. 07/30/2016.

Entire rule eff. 05/30/2017.

Parts 1-5, 9, 12-15, 18, 19, 25.4 eff. 10/30/2019.

Rules 19.11.2, 25.5 emer. rules eff. 03/21/2020; expired 07/19/2020.

Rules 19.11.2, 25.6 emer. rules eff. 08/12/2020; expired 12/10/2020.

Rules 19.11.2, 25.7 eff. 12/15/2020.

Rules 2.5.1-2.5.3, 25.8 eff. 10/30/2021.

Rules 19.9.5.1, 19.9.6, 25.9 eff. 06/15/2022.

Rules 1, 3.7, 9.2.3, 11.17, 1.2.8, 12.11.8. 12.11.9, 14.10, 15.1, 15.4, 15.6, 16.4, 16.5, 18.22, 18.24, 18.25, 18.26, 19.2, 19.5.2, 19.6.2, 19.9.1.1, 19.9.4, 19.9.7, 25.10 eff. 05/15/2023.

Rules 1, 2.6, 7, 9.1.3, 9.2.3, 10.5, 11-14, 15.3, 15.3.1, 16, 17.3.3, 18-19, 25.11 eff. 07/15/2025.

8 CCR 1202-16 Rules Pertaining to Poultry Processing {#sec-8-ccr-1202-16 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-16}

COLORADO DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO POULTRY PROCESSING

8 CCR 1202-16 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definitions and Construction of Terms As used in these Rules, and as the context requires, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa.

Any term used in these Rules that is defined in the Custom Processing of Meat Animals Act, §§ 35-33- 101 through 35-33-407, inclusive, C.R.S. (hereinafter referred to as the “Act”) shall have the meaning set forth for such term in the Act. 1.1. “Air chilling” means a method of chilling raw whole poultry and fabricated parts by using refrigerated air. 1.2. “Defeathering” means plucking and/or scalding of poultry to remove feathers. 1.3. “Exempt poultry producer” means a poultry producer who meets the exemption from licensure requirements set forth in the Act. An exempt poultry producer is limited to raising and processing less than 1,000 of their own birds per calendar year and may sell only to individuals, through on farm sales, farmer’s market or community supported agriculture organizations (CSA). 1.4. “Fabricated cuts” means any poultry that is broken down into consumer cuts and/or boned meat, i.e.: breasts, legs, and thighs, with or without the skin removed after slaughter. 1.5. “Further processing or further processed cuts” refers to grinding, salting, smoking, canning, stuffing, rendering, or otherwise manufactured or processed poultry. 1.6. “Inedible offal / material” means any poultry material remaining after processing which is not intended for human consumption, including but not limited to, viscera, trim or bones. Whole poultry, major poultry portions, neck, foot and giblet are not included in this definition unless adulterated. 1.7. “Licensee” means a poultry producer licensed with the Colorado Department of Agriculture under the Act. A licensee is limited to raising and processing less than 20,000 of their own birds per calendar year. Licensees may sell their processed birds to individuals and retail food establishments. 1.8. “Major portions” means the legs, thighs, wings, and breasts of fabricated poultry. 1.9. “Poultry carcass chilling system” means any USDA approved practice to achieve the goal of reducing the poultry carcass temperature to 40°F within allowable USDA standards or requirements. 1.10. “Poultry processing facility” means a building or mobile unit with four (4) impermeable walls, impermeable floor, impermeable ceiling, a sanitary waste system, a water supply to deliver sufficient cold and hot potable water, a carcass chilling system, and either a final product cooler or a product freezer. 1.11. “Poultry mobile processing unit” means any conveyance that can be lawfully driven, pulled, or otherwise moved on or over any street, road, highway, or other right of way to various locations outfitted with equipment, utensils, and sufficient cold and hot potable water and other equipment necessary to slaughter, dress, further process cuts, or to transport any carcass of poultry to a processing facility for further processing. This definition includes but is not limited to a truck or a trailer with fully enclosed work room(s) where processing can be done. 1.12. “Poultry slaughter area” means an area where killing, scalding and defeathering operations occur prior to evisceration, carcass chilling, wrapping / packaging. 1.13. “Processing” means the slaughtering, defeathering, eviscerating, carcass chilling, wrapping or packing of poultry. 1.14. “Processed poultry” means the whole poultry carcass, cut parts, i.e.: breasts, wings, thighs, legs, giblets as a final product. This does not include further processed poultry. 1.15. “Poultry processor / poultry producer” means a person that raises and processes less than 20,000 of their own birds per calendar year. Licensees may sell their processed birds for sale to individuals and retail food establishments. 1.16. “Retail food establishment” has the same definition as § 25-4-1602 (14), C.R.S. 1.17. “Sanitize and sanitized” means to treat any surface, equipment, or utensils with any of the following methods or substances: 1.17.1. Water at 180° f; or 1.17.2. A chlorine and water solution of: 1.17.2.1. 100 parts of chlorine per million of water when applied by sponge or cloth; 1.17.2.2. 200 parts of chlorine per million of water when applied directly by spray; or 1.17.2.3. 50 parts of chlorine per million of water when used to soak the item in a container for at least one minute. 1.18. “Slaughter” means the killing of poultry for use as human food. 1.19. “Whole poultry” means any poultry carcass, including the neck and feet if attached, after slaughter, defeathering and dressing that is not fabricated or further processed. 1.20. “Wrapping or packaging” refers to sealing the whole poultry, fabricated cuts and/or further processed cuts within a food safe material for product sale or storage.

Part 2. Facility Requirements for Poultry Processing Licensees 2.1. The poultry slaughter area must be constructed of a roof covering and at least three walls, placed on a floor, platform or other approved surface with a sanitary waste disposal system. A poultry slaughter area may be constructed of any material that can be cleaned and sanitized prior to and after use, including plastic or plasticized tent canvas. A poultry slaughter area must be designed and positioned to prevent airborne contaminants from entering the poultry slaughter area. 2.1.1. The poultry slaughter area may be a room within the poultry processing facility, or it can be immediately adjacent to the poultry processing facility or poultry processing mobile unit. 2.2. All slaughtering, scalding and defeathering must be conducted in a room separate from any room where other processing is performed. However, slaughtering, scalding and defeathering may be done in the same room where cutting, wrapping and other processing of poultry is done if: 2.2.1. The slaughtering or dressing is not done in such room at the same that time cutting, wrapping, or any other processing of poultry is done; and 2.2.2. The room and all equipment and utensils used are thoroughly cleaned and sanitized after slaughtering or dressing is done, and before any cutting, packing, or other processing of poultry is done. 2.3. Floors: 2.3.1. All floors in any room where poultry processing is done or where poultry is held in storage, other than a freezer, must: 2.3.1.1. Be drained into a waste disposal system; 2.3.1.2. Be coved at the wall to prevent poultry products, waste from processing, or any liquids from penetrating between any wall and floor, or under any wall; and 2.3.1.3. Be constructed of and finished with durable, water resistant materials that are capable of being readily and thoroughly cleaned and sanitized. 2.4. Walls, Ceilings, and Columns: 2.4.1. The walls, ceilings, columns, and other structural parts of any room where poultry processing is done or where poultry is held in storage must be constructed of and finished with durable, water resistant materials that are capable of being readily and thoroughly cleaned and sanitized. 2.5. Doorways and Windows: 2.5.1. Any doorway or window through which any poultry product is transferred must be wide enough so that there is no contact between the doorways and the poultry product. Doors must be constructed of either rust resistant metal or other materials that are water resistant and capable of being readily and thoroughly cleaned and sanitized, and do not flake, chip, or splinter. If made of wood, all surfaces of such doors and all doorjambs must be securely clad with a rust resistant metal, or be coated with a water based epoxy coating intended and labelled for such use. 2.5.2. All coverings must be so affixed so as not to provide crevices for dirt, vermin, or pathogens. 2.6. Lighting: 2.6.1. All lighting fixtures must use safety shielded light bulbs in all areas where poultry product is exposed, and provide ample illumination for all work areas. 2.7. Work Tables: 2.7.1. All work table surfaces must be constructed of rust resistant metal; provided, however, work table surfaces may be constructed of other durable, water resistant, nonmetal materials if they are free of cracks and are capable of being readily and thoroughly cleaned and sanitized. Such requirements include, but are not limited to: being capable of disassembly for thorough cleaning; rust resistant and free from painted surfaces in any area of the equipment that comes into contact with the poultry product; supported by rust resistant metal legs; and movable for cleaning. All pans, trays, and utensils used for processing must also be constructed of rust resistant materials that are capable of being readily and thoroughly cleaned and sanitized. 2.8. Wash Basins: 2.8.1. The poultry processing facility must be equipped with a wash basin of adequate size for cleaning equipment and utensils. The wash basin must be constructed of a rust resistant metal capable of being readily and thoroughly cleaned and sanitized, and equipped with hot and cold running, potable water delivered through a combination mixing faucet. 2.9. Hand Washing Facility: 2.9.1. Each room where poultry processing is done must be equipped with a hand washing facility. The hand washing facility must be equipped with: a sink that is not hand operated; hot and cold running, potable water delivered through a combination mixing faucet; liquid or powdered soap delivered in a wall or sink mounted dispenser; an adequate supply of disposable, single use sanitary towels in a wall mounted dispenser; and a receptacle for used sanitary towels. 2.10. The room, and all equipment and utensils used, must be thoroughly cleaned and sanitized after any slaughtering, dressing, or chilling.

Part 3. Poultry Processing Requirements 3.1. Licensed poultry processors must comply with the Colorado Department of Agriculture Animal Health Division “Live Bird Market Rule” codified at 8 CCR 1201-20 pertaining to biosecurity measures which are required to protect the Colorado poultry industry. 3.2. Poultry processing licensees must comply with all of the requirements in these Rules. 3.3. Exempt poultry producers must comply with Part 7 and 8. 3.4. Exempt poultry producers cannot process another poultry producer’s birds. 3.5. Licensed poultry processors cannot process another poultry producer’s birds. 3.6. A licensee must follow the appropriate steps in regards to slaughtering; defeathering; dressing; carcass chilling; fabricating (if applicable); wrapping; and refrigeration or freezing of wrapped product. 3.7. Inedible offal must be collected, denatured and disposed of according to sanitary practices in compliance with Part 10. 3.8. Slaughtering, scalding and defeathering operations must be conducted within a separate room in the poultry processing facility or in a poultry slaughter area as defined in Part 1.12. 3.9. Unless such poultry is frozen immediately, all poultry slaughtered and dressed in the facility must be chilled immediately after processing so that the internal temperature of the poultry carcasses and major portions is reduced to 40°f or below within the following times: 3.9.1. Four (4) hours of processing if the poultry carcass and major portions weigh under 4 lbs.; 3.9.2. Six (6) hours of processing if the poultry carcass and major portions weigh between 4 and 8 lbs.; and 3.9.3. Eight (8) hours of processing if the poultry carcass and major portions weigh over 8 lbs. 3.10. Giblets remaining with the carcass after evisceration are subject to the same time and temperature requirements as the carcass from which they were removed as described in Part 3.9.

Giblets not remaining with the carcass from which they were removed must be cooled within two hours of being removed from the inedible viscera. 3.11. Poultry Chilling: 3.11.1. Each poultry slaughter facility must ensure that all poultry carcasses, parts, and giblets are chilled immediately after slaughter operations so that there is no outgrowth of pathogens. 3.11.2. Previously chilled poultry carcasses and major portions must be kept chilled so that there is no outgrowth of pathogens. 3.11.3. After the product has been chilled, the poultry processing facility must prevent the outgrowth of pathogens on the product for as long as the product remains at the facility, or within their control (if they are providing transportation to the buyer). 3.11.4. The facility must develop, implement, and maintain written procedures for chilling that address, at a minimum, the prevention of pathogen outgrowth. 3.11.5. Once chilled, poultry packaged and shipped must be stored at 40 °F or less. 3.12. Chilling System: 3.12.1. Poultry chilling equipment must be constructed and operated in a manner to ensure compliance with Part 3.9. 3.12.2. Only potable water and ice produced from potable water may be used for ice and water chilling. Water and ice used for chilling may be reused. The ice must be handled and stored in a sanitary manner. 3.13. Methods of Chilling: 3.13.1. Water bath chilling: 3.13.1.1. All water cooling baths must be of appropriate size and capacity for the species and quantity being processed. 3.13.2. Air chilling: 3.13.2.1. Air chilling is the method of chilling raw poultry carcasses and parts predominately with air. An antimicrobial intervention may be applied with water at the beginning of the chilling process, provided that the use does not result in any net pick-up of water or moisture during the chilling process. The initial antimicrobial intervention may result in some temperature reduction of the product, provided that the majority of temperature removal is accomplished exclusively by chilled air. 3.14. Processed poultry must be placed in suitable food grade packaging and labeled in accordance with Part 9. 3.15. Processed Poultry Holding and Storage: 3.15.1. Every processing facility must have a cooler or a freezer for holding or storing a poultry product under refrigeration. 3.15.2. All freezers must be large enough, and constructed, maintained and operated so that refrigerated air adequately flows under and around the poultry product held or stored therein to maintain the required level of refrigeration. The refrigeration unit for any freezer must deliver sufficient refrigerated air to maintain the freezer at an ambient temperature consistent with the requirements in § 35-33-103(12), C.R.S. 3.15.3. All coolers must be large enough, and constructed, maintained and operated so that the poultry product is stored therein without contacting any interior surface of the cooler, and with sufficient space to permit inspection of the poultry product. The refrigeration unit for any cooler must deliver sufficient refrigerated air to maintain the cooler at an ambient temperature of no more than 41° F. 3.16. At least one person who is trained in safe food handling in a commercial food processing facility must be present while the licensee is processing.

Part 4. Facility Grounds 4.1. A licensee must maintain the grounds around the processing facility to prevent conditions that could lead to unsanitary conditions or adulteration of product. This includes maintaining all areas within the processing facility and surrounding grounds in a manner to prevent the harborage and breeding of pests. 4.2. Pesticides used on the grounds and in the processing area must be appropriate for use in food establishments. Employees applying pesticides must be trained in the use of pesticides in food establishments. A licensee must have procedures in place to ensure that pesticides are used according to label directions. 4.3. Driveways and parking areas must be paved or otherwise treated in order to reduce windblown debris, and prevent adulteration of any poultry product.

Part 5. Sanitary Requirements 5.1. The exterior premises of any processing facility, including without limitation, loading docks and other areas where vehicles are loaded and unloaded, and any driveways, alleys, yards, and pens, must be kept in a clean and orderly condition and drained to prevent the accumulation of standing water. 5.2. All catch basins and similar features of any waste disposal system must be maintained in a clean and orderly condition to prevent the accumulation of waste products, and to avoid the creation of offensive odors. 5.3. All rooms and other interior areas must be free from any condition that could result in contamination of the poultry product, including without limitation, dirt, dust, or odors from catch basins, poultry pens, cages or any other source. 5.4. All rooms and other interior areas where processing has occurred must be thoroughly cleaned and sanitized after each day's use. Additionally, all equipment and utensils used for poultry processing must be thoroughly cleaned and sanitized after each day's use. However, if processing occurs in a room in which the ambient temperature is, at any time, more than 50°F, all equipment and utensils must be thoroughly cleaned and sanitized after four hours of operation. 5.5. Any item of equipment or utensil must be thoroughly cleaned and sanitized after any use or event that could have reasonably resulted in contamination of such equipment or utensil. All cleaned and sanitized equipment and utensils, when stored after use, must be protected and stored so as to avoid contamination. 5.6. Poultry product must be stored on racks or shelves elevated at least two inches from the floor in any freezer, and at least six inches from the floor in any cooler. Such racks and shelves must be constructed of durable, rust and water resistant materials that are capable of being readily and thoroughly cleaned and sanitized. Any nonfood products or supplies must be stored in a storage room or area separate from any room or area where poultry product is processed or stored. Such nonfood products or supplies must be stored on racks or shelves at least 12 inches from the floor, and must be constructed of durable, rust and water resistant materials that are capable of being readily and thoroughly cleaned and sanitized. 5.7. Before being placed in a cooler, any carcass must be cleaned and reasonably free from feathers, waste product, dirt, or anything else that could contaminate the poultry. 5.8. Every processing facility must establish and maintain procedures for excluding and removing flies, rats, mice, and any other vermin from the interior premises of the processing facility. 5.9. All animals, other than those presented for processing, must be excluded from the interior premises of a processing facility.

Part 6. Licensing 6.1. The expiration date for a license to operate a processing facility is December 31st of any given year. 6.2. Prior to initial licensing, poultry processing facilities must undergo and pass a pre-licensing inspection conducted by the Colorado Department of Agriculture. 6.3. Poultry processors who raise and process more than 1,000 of their own poultry per calendar year must be licensed by the Colorado Department of Agriculture.

Part 7. Recordkeeping 7.1. All licensed and exempt poultry producers must create and maintain records for each customer transaction, including, at a minimum: 7.1.1. The date of the slaughter; 7.1.2. The date of the sale; 7.1.3. The name and address of the buyer; 7.1.4. A description of the poultry or poultry products processed, including species and quantity; and 7.1.5. The name and address of the producer / processor.

7. 2. The records created and maintained pursuant to this Part 7 must be kept for at least two years and made available to the Commissioner on demand.

Part 8. Poultry Labeling Requirements for Producers who Process less than 1,000 Birds per Calendar Year and are Exempt from State Licensing Requirements 8.1. An exempt poultry producer who sells processed poultry to individuals must label the poultry with the following information: 8.1.1. The statement, “Exempt – P.L. 90-492"; 8.1.2. A description of the poultry or poultry products, including species and quantity; 8.1.3. The statement, "This poultry was produced in a facility that is not subject to licensure or inspection. This product is not intended for resale"; 8.1.4. A safe handling instructions statement that includes the following text:

Safe Handling Instructions:

Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions:

Keep refrigerated or frozen. Thaw in refrigerator or microwave.

Keep raw meat and poultry separate from other foods.

Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry.

Cook thoroughly to 165° F internal temperature.

Keep hot foods hot. Refrigerate leftovers immediately or discard. 8.1.5. A pack or processing date; and 8.1.6. The name and address of the processor. 8.2. Any poultry product sold by weight or other measurement must comply with the statutory requirements found in the Measurement Standards Act of 1983 §35-14-101 C.R.S., et.seq.

Part 9. Poultry Labeling Requirements for Licensed Poultry Producers who Process less than 20,000 Birds per Calendar Year 9.1. A licensee who sells processed poultry to individuals and retail food establishments must label the poultry with the following information: 9.1.1. The statement, “Exempt – P.L. 90-492"; 9.1.2. A description of the poultry or poultry products, including species and quantity; 9.1.3. The statement, “This poultry product is exempt from USDA inspection and cannot be sold outside the state of Colorado. This poultry product was processed in a facility that is licensed by the Colorado Department of Agriculture”; 9.1.4. A safe handling instructions statement that includes the following text:

Safe Handling Instructions:

Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions:

Keep refrigerated or frozen. Thaw in refrigerator or microwave.

Keep raw meat and poultry separate from other foods.

Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry.

Cook thoroughly to 165° f internal temperature.

Keep hot foods hot. Refrigerate leftovers immediately or discard. 9.1.5. A pack or processing date; and 9.1.6. The name and address of the business as it appears on the Colorado Department of Agriculture custom exempt meat processor license. 9.2. Any poultry product sold by weight or other measurement must comply with the statutory requirements found in the Measurement Standards Act of 1983, §35-14-101 C.R.S., et.seq.

Part 10. Disposal of Inedible Waste 10.1. All inedible waste must be denatured and disposed of by a method approved by the Colorado Commissioner of Agriculture. 10.2. Acceptable methods of denaturing include: 10.2.1. FD&C Green No. 3 coloring; 10.2.2. FD&C Blue No. 1 coloring; 10.2.3. FD&C Blue No. 2 coloring; 10.2.4. Finely powdered charcoal; or 10.2.5. Other proprietary substance approved by the USDA FSIS administrator. 10.3. Any container used in the processing facility for the disposal of waste generated from processing, other than a disposable waste container that is discarded at the end of the work day, must be constructed and finished with durable, water resistant materials that are capable of being readily and thoroughly cleaned and sanitized. All waste containers including, without limitation, disposable waste containers, must be limited to and clearly marked for such use and maintained in a clean and sanitary condition. 10.4. All waste products from processing must be disposed of daily or stored for later disposal in a manner that does not create any condition that could cause contamination, or otherwise adversely affect the wholesomeness or quality of any meat product, or generate offensive odors or other objectionable conditions. 10.5. Approved methods of disposal include: 10.5.1. Disposal to a licensed rendering company; 10.5.2. Sanitation landfill; 10.5.3. Composting, subject to approval by county and / or state health agency; or 10.5.4. Burial on site, subject to approval by county and / or state health agency.

Part 11. Statements of Basis, Specific Statutory Authority and Purpose 11.1. Adopted February 13, 2019 – Effective March 30, 2019 Statutory Authority The Commissioner’s authority for the adoption of these permanent rule amendments is set forth in §35- 33-104(1), C.R.S.

Purpose The purpose of these permanent rule amendments is to:

a. Create two separate rule sections, one for the sale and processing of poultry and one for the processing of large animals.

b. Create a new designation for poultry processing of less than 20,000 poultry for sale to retail food establishments; this new designation enacts HB18-1235.

Factual and Policy Issues The factual and policy issues pertaining to the adoption of these permanent rule amendments are as follows:

The amendments create two separate rule sections, one for the sale and processing of poultry and one for the processing of large animals. These separate rules account for the differences in processing procedures between poultry and large animals.

Additionally, the Colorado Department of Regulatory Agencies Performed a sunset review of the Colorado Custom Processing of Meat Animals Act, which resulted in a legislative amendment to the act enacted by HB18-1235, effective July 1, 2018. The amendment allows poultry producers, who are licensed meat processors, and who raise less than 20,000 poultry per calendar year, to process their own poultry for sale to Colorado retail food establishments. _________________________________________________________________________ Editor’s Notes

History New rule eff. 03/30/2019.

8 CCR 1202-17 Rules Pertaining to the Administration and Enforcement of the Produce Safety Act {#sec-8-ccr-1202-17 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-17}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE

PRODUCE SAFETY ACT

8 CCR 1202-17 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Pursuant to the provisions and requirements of the Produce Safety Act, Title 35, Article 77, C.R.S., the following rules are hereby promulgated to enforce under Colorado law the federal Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption, 21 CFR § 112.

Part 1 DEFINITIONS 1.1 “Act” means the Produce Safety Act, Title 35, Article 77, C.R.S. 1.2 “Adulterated’ has the same meaning as defined in section 402 of the Federal Food, Drug, and Cosmetic Act. 1.3 “Commissioner” means the Colorado Commissioner of Agriculture or any employee designated by the Commissioner. 1.4 “Covered Activity” has the same meaning as set forth in 21 CFR 112.3. 1.5 “Covered Farm” has the same meaning as set forth in 21 CFR 112.4 1.6 “Covered Produce” has the same meaning as set forth in 21 CFR 112.3. 1.7 “Department” means the Colorado Department of Agriculture. 1.8 “Farm” has the same meaning as set forth in 21 CFR 112.3 and includes all buildings or areas where covered activity occurs or covered produce is grown, stored, handled or kept. It includes farms incorporated into other businesses. 1.9 “Farm Records” means any record that identifies a farm's ownership, or contains trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data. Such records can be in written, printed, photographic, electronic or digital format and can include, but are not required to include: crop information, financial information, purchase and sale information, operational protocols, or account numbers or unique identifiers issued by government or private entities. 1.10 “FDA” means the United States Food and Drug Administration. 1.11 “Imminent Threat to Public Health” means a significant threat or danger to health is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that is substantially likely to pose a significant danger considering the number of potential injuries and the nature, severity, and duration of the anticipated injury to human health that:

(1) should be corrected immediately to prevent injury and, (2) should not be permitted to continue while an investigation, hearing, or other formal process is being held.

The imminent threat may be declared at any point in the chain of events which ultimately result in harm to the public. The occurrence of the final anticipated injury is not essential to establish that an imminent threat of such occurrence exists. 1.12 “Mixed-Type Facility” has the same meaning as set forth in 21 CFR 112.3. 1.13 “Produce” has the same meaning as set forth in 21 CFR 112.3. 1.14 “Produce Safety Act” means the Colorado Produce Safety Act, Title 35, Article 77, C.R.S. 1.15 “Program” means the Produce Safety Program within the Colorado Department of Agriculture. 1.16 “Registrant” means a covered farm that is required to register pursuant to the 1.17 “Registration” means the annual submission of a registration form to the Commissioner identifying a covered farm and complying with the requirements of Title 35, Article 77, C.R.S. 1.18 “Registration Period” means the time when submission of required information to the Program occurs. 1.19 “Regulated Person” means a grower, grower-shipper, harvester, packer, cooler or holder that is a farm, as defined in 21 CFR 112.3 and is subject to any of the requirements of the Act and these Rules. 1.20 “Routine Regulatory Inspection” means an inspection of a Regulated Person’s farm to monitor for compliance with these Produce Safety Rules.

Part 2 ADOPTION OF FEDERAL CODE 2.1 Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference in these Rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021 or at the offices of the US. Food and Drug Administration, 10903 New Hampshire Avenue, Silver Spring, MD 20993. Further, the incorporated material may be examined at no cost on the Internet at: 21 CFR § 112, Subpart A, B, C, D, F, I, K, L, N, O, Q, and R, (2015): https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfCFR/CFRSearch.cfm?CFR

Part=112 21 CFR § 112, Subpart E (2024): https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfCFR/CFRSearch.cfm?CFR

Part=112 21 USC § 342 (2024): https://uscode.house.gov/view.xhtml?req=(title:21%20section:342%20edition:prel im)%20OR%20(granuleid:USC-prelim-title21section342)&f=treesort&edition=prelim&num=0&jumpTo=true

Part 3 REGISTRATION REQUIREMENT 3.1 A farm or mixed type facility, that conducts Covered Activity of any Covered Produce at any primary production farm or secondary activities farm location, and which the average annual monetary value of produce sold during the previous three-year period is more than average monetary value determined in Part 3.5 of this Rule, must register and is subject to the General Provisions in Subpart A of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” published November 27, 2015. 3.2 A farm that is eligible for a qualified exemption, as defined in Subpart A of 21 CFR § 112.5, must register with the Department and is only subject to sections of

Subpart A of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption”, stated in 21 CFR § 112.6 and 112.7 3.3 Registration and the General Provisions of Subpart A of 21 CFR § 112 do not apply to a farm or mixed-type facility that has an annual monetary value of produce sold during the previous three year period that is less than the monetary value determined in Part 3.5 of this Rule, even if that farm or mixed-type facility conducts Covered Activity. 3.4 Each farm, or mixed type facility, required to register shall do so annually during the registration period of November 1 to December 31. Such registration shall be completed by the submission of a form in the manner required by the Commissioner. All such information shall be complete and accurate. 3.5 For the 2026 registration year of January 1, 2026, to December 31, 2026, a farm that sold an average monetary value of produce during 2022, 2023, and 2024 with more than $33,297 must register with the Department.

Part 4 GENERAL PROVISIONS 4.1 These Rules incorporate by reference the General Provisions in Subpart A of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption”, published November 27, 2015. Such incorporation excludes any later amendments or editions.

Part 5 RESERVED

Part 6 CONFIDENTIALITY OF RECORDS 6.1 Farm records are confidential pursuant to §35-77-107, C.R.S. and §24-72-204, C.R.S. 6.2 Complaints of record, investigations, and inspection reports may, at the discretion of the Commissioner, be closed to public inspection except to the person of interest, as defined in §24-72-202, C.R.S., or as provided by court order.

Part 7 GENERAL REQUIREMENTS 7.1 These Rules incorporate by reference the General Requirements in Subpart B of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption”, published November 27, 2015. Such incorporation excludes any later amendments or editions. 7.2 Each Regulated Person must take appropriate measures to minimize the risk of serious adverse health consequences or death from the use of, or exposure to, covered produce, including those measures reasonably necessary to prevent the introduction of known or reasonably foreseeable hazards into covered produce, and to provide reasonable assurances that the produce is not adulterated, on account of such hazards.

Part 8 PERSONNEL QUALIFICATIONS AND TRAINING 8.1 These Rules incorporate by reference all the Personnel Qualifications and Training requirements found in Subpart C of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,”

Part 9 HEALTH AND HYGIENE 9.1 These Rules incorporate by reference all the Health and Hygiene requirements found in Subpart D of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” published November 27, 2015. Such incorporation excludes any later amendments or editions.

Part 10 AGRICULTURAL WATER 10.1 These Rules incorporate by reference all the Agricultural Water requirements found in Subpart E of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” published May 6, 2024. Such incorporation excludes any later amendments or editions.

Part 11 BIOLOGICAL SOIL AMENDMENTS OF ANIMAL ORIGIN AND HUMAN WASTE 11.1 These Rules incorporate by reference all the Biological Soil Amendments of Animal Origin and Human Waste requirements found in Subpart F of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” published November 27, 2015. Such incorporation excludes any later amendments or editions.

Part 12 RESERVED

Part 13 RESERVED

Part 14 DOMESTICATED AND WILD ANIMALS 14.1 These Rules incorporate by reference all the Domesticated and Wild Animals requirements found in Subpart I of 21 CFR § 112, “Standards for Growing,

Part 15 RESERVED

Part 16 GROWING, HARVESTING, PACKING and HOLDING ACTIVITIES 16.1 These Rules incorporate by reference all the Growing, Harvesting, Packing and Holding Activity requirements found in Subpart K of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” published November 27, 2015. Such incorporation excludes any later amendments or editions.

Part 17 EQUIPMENT, TOOLS, BUILDINGS, AND SANITATION 17.1 These Rules incorporate by reference all the Equipment, Tools, Buildings and Sanitation requirements found in Subpart L of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,”

Part 18 RESERVED

Part 19 ANALYTICAL METHODS 19.1 These Rules incorporate by reference all the Analytical Methods requirements found in Subpart N of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” published November 27, 2015. Such incorporation excludes any later amendments or editions.

Part 20 RECORDS 20.1 These Rules incorporate by reference all the Records requirements found in

Subpart O of 21 CFR § 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” published November 27, 2015.

Such incorporation excludes any later amendments or editions.

Part 21 RESERVED

Part 22 COMPLIANCE AND ENFORCEMENT 22.1 These Rules incorporate by reference all the Compliance and Enforcement requirements found in Subpart Q of 21 CFR § 112, “Standards for Growing,

Part 23 WITHDRAWAL OF QUALIFIED EXEMPTIONS 23.1 These Rules incorporate by reference all the Withdrawal of Qualified Exemption requirements found in Subpart R of 21 CFR § 112, “Standards for Growing,

Part 24 UNLAWFUL ACTS 24.1 In addition to the Unlawful Acts in section §35-77-109, C.R.S., any Regulated Person or Registered entity will be subject to a civil penalty up to $2500 per violation for: 24.1.1 Failing to timely register with the Program; 24.1.2 Providing false, inaccurate or misleading information to the Commissioner or Department of Agriculture; or 24.1.3 Failing to comply with any of the requirements in Part 3, 4, 7, 8, 9, 10, 11, 14, 16, 17, 19, 20, 22, 23, 24 or 25 of these Rules.

Part 25 STOP SALE, RECALL, EMBARGO, QUARANTINE 25.1 In addition to the requirements for inspection under Part 26, the Commissioner or the Commissioner’s designee may take the following as the result of an inspection or during an investigation: 25.1.1 Require a corrective action plan for violations that pose either some risk to human health or an imminent threat to human health; 25.1.2 Examine and collect environmental, water or covered produce samples for laboratory analysis; 25.1.3 Initiate a stop sale, recall, embargo or quarantine for violations that pose an imminent threat to public health or adulteration; 25.1.3.1 The reason for the stop sale, recall, embargo or quarantine shall be documented on the Order. 25.1.3.2 The affected produce shall not be sold, used or removed until the violation is corrected, if possible. 25.1.3.3 The Regulated Person is responsible for the storage and, if necessary, the destruction of the affected produce. 25.1.3.3.1 If storage facilities are not available, the Regulated Person is responsible for any costs incurred to store the affected produce. 25.1.3.3.2 The Regulated Person is responsible for any additional fees associated with the affected produce. 25.1.3.4 If the produce subject to a stop sale, recall, embargo or quarantine is found not to be adulterated or associated with a violation that poses an imminent threat to public health, it shall be released. 25.1.3.5 Failure to comply with the conditions of a stop sale, recall, embargo or quarantine may result in administrative penalties pursuant to section 35-77-110, C.R.S. 25.1.4 Require follow-up inspections to ensure compliance with the corrective action plan and these Rules or the Act; 25.1.5 Refer violations for further enforcement action, if necessary. 25.2 Nothing in this section shall be construed to limit the Department’s authority to issue cease-and-desist orders to respond to a condition that may present a public health hazard, or to issue orders necessary to effectuate the purpose of the Act and these Rules.

Part 26 INSPECTIONS 26.1 For each registration period and prior to any Routine Regulatory Inspection, a Regulated Person or authorized representative, must attest that the Regulated Person understands that the Regulated Person has specific rights regarding a Routine Regulatory Inspection. A Regulated Person’s attestation shall be completed in a form established by the Commissioner, referred to as the Notice of Inspection Rights. The form must include attestations that the Regulated Person understands the Regulated Person has the right to: 26.1.1 Receive notification at least five (5) days in advance of a Routine Regulatory Inspection of their farm. 26.1.2 Meet with the Commissioner prior to the start of a Routine Regulatory Inspection to explain ongoing operations and to ask questions about the inspection process. 26.1.3 Escort the Commissioner at all times while observing the Regulated Person’s operations. 26.1.4 Discuss any observations of these Produce Safety Rules with the Commissioner away from the production area of the Registered Person’s operations. The provisions of this section shall not limit the Commissioner’s ability to issue a cease-and-desist Order, assess an administrative penalty, or otherwise enforce regulatory provisions at a later date pursuant to C.R.S. § 35-77-108 or C.R.S. § 35-77-110. 26.2 The Commissioner reserves the right to conduct an inspection without the notice specified in 26.1.1 under the following conditions: 26.2.1 The Regulated Person cannot be reached at the contact information provided at the time of Registration; 26.2.2 The Commissioner wishes to ascertain whether corrections have been made to address a previous violation of these Produce Safety Rules; 26.2.3 The Commissioner has a reasonable belief that the Registrant is in violation of these Produce Safety Rules resulting in a risk to public health. 26.3 Regulated Persons who meet the criteria for a qualified exemption pursuant to

Part 3.2 shall not be subject to Routine Regulatory Inspection, but may be subject to limited records inspections to confirm compliance.

Part 27 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND

PURPOSE 27.1 Adopted September 9, 2020. Effective Oct 30, 2020 The Commissioner of Agriculture adopts these rules pursuant to §35-77-106(1), C.R.S.

The Purpose of this rulemaking is to define the administration and enforcement of the Colorado Produce Safety Act, §§35-77-101 through 111, C.R.S. These rules incorporate 21 CFR 112, “Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” define Colorado registration requirements and timelines, and establish confidentiality protections for farm records and registrants.

House Bill 19-1114, Colorado’s Produce Safety Act, was passed by the General Assembly and signed into law by Governor Polis in 2019. The Act, codified in §§35-77- 101 through 111, C.R.S., authorized the creation of a program within the Department, in lieu of the FDA, to regulate the safe production, handling, packing and storage of produce as defined in 21 CFR Part 112. This rulemaking provides definitions, references and rules to assist in the administration and enforcement of Colorado’s Produce Safety Act. 27.2 Adopted September 8, 2021 - Effective October 30, 2021 The Commissioner of Agriculture adopts these rules pursuant to §35-77-106(1), C.R.S.

The purpose of this rule change is to increase the threshold limit for farms Exempt from Increased limits allowed for Exempt status are consistent with FDA’s annual adjusted 27.3 Adopted October 12, 2022 – Effective December 15, 2022 The Commissioner of Agriculture adopts these rules pursuant to §35-77-106(1), C.R.S.

The purpose of this rule change is to increase the threshold limit for farms Exempt from Increased limits allowed for Exempt status are consistent with FDA’s annual adjusted 27.4 Adopted July 12, 2023 – Effective October 30, 2023 Adoption authority for these rules pursuant to §35-77-106(1), C.R.S.

The purpose of this rule change is to increase the threshold limit for farms Exempt from Increased limits allowed for Exempt status are consistent with FDA’s annual adjusted 27.5 Adopted July 10, 2024 – Effective September 15, 2024 Adoption authority for these rules pursuant to §§ 35-77-104(2) and 106(1), C.R.S.

The purpose of this rule change is to increase the threshold limit for farms Exempt from Increased limits allowed for Exempt status are consistent with FDA’s annual adjusted 27.6 Adopted November 19, 2024 – Effective January 14, 2025 These rules are pursuant to the Commissioner of Agriculture’s authority under §35-77- 105 C.R.S.

The purpose of this rule change is to incorporate by reference revisions to 21 C.F.R

Part 112 Subpart E, published May 6, 2024, which replaces the previous version, published on March 18, 2019.

In 2024, the Food and Drug Administration (FDA) set out to revise Subpart E of 21 C.F.R. Part 112, “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption.” FDA’s revisions replace annual water testing with a more current, water-systems-based assessment. The Department has incorporated this revised subpart to maintain its consistency with FDA’s safety and testing requirements related to how produce for human consumption is grown, harvested, packed, and held in Colorado. 27.7 Adopted September 17, 2025 – Effective November 14, 2025 These rules are pursuant to the Commissioner of Agriculture’s authority under § 35-77- 105 and 106(a), C.R.S., to adopt any rules necessary to implement the Produce Safety The purpose of this rule change is to define “Adulterated,” “Imminent Threat to Human Health,” and “Regulated Person”; to increase the threshold limit for farms exempt from the rule; and to authorize the Commissioner to issue corrective action plans and orders to stop sale, recall, embargo, or quarantine when necessary to protect human health.

The definitions were added to provide clear meaning for produce that may not be suitable for human consumption and clarify that a regulated person includes both those who have registered and those who have not registered but who are subject to the provisions of the Act. Increasing the threshold limits allowed for exempt status to be consistent with FDA’s annual, adjusted-for-inflation calculations.

Because protecting human health from food-borne illness is critical, these rules are necessary to prevent covered produce that may pose a threat to human health from entering or remaining in commerce. Increasing the Commissioner’s remedial actions to include corrective action plans and orders to stop sale, recall, embargo, and quarantine will increase the Commissioner’s ability to meet the over-arching goals of the Produce Safety Act. 27.8 Adopted January 21, 2026 – Effective March 17, 2026 These rules are pursuant to the Commissioner of Agriculture’s authority under § 35-77- 105 and 106(a), C.R.S., to adopt any rules necessary to implement the Produce Safety The purpose of this rule change is to remove the incorporation by reference of the United States Code in the definition of "adulterated.”

Because the State Administrative Procedure Act (§ 24-4-103, C.R.S.) does not permit incorporation by reference of the United States Code, the reviewers propose amending the definition of “adulterated” to remove the incorporation by reference and to, instead, refer to the section of the United States Code (the Federal Food, Drug, and Cosmetic Act) where the definition of “adulterated” is located. ______________________________________________________________________ Editor’s Notes

History New rule eff. 10/30/2020.

Rules 3.5, 27.2 eff. 10/30/2021.

Rules 3 .5, 27.3 eff. 12/15/2022.

Rules 3.5, 27.4 eff. 10/30/2023.

Rules 3.5, 27.5 eff. 09/15/2024.

Rules 2.1, 10.1, 27.6 eff. 01/14/2025.

Rules 1- 2, 3.5, 7.2, 24.1, 25-26, 27.7 eff. 11/14/2025.

Rule 1.2, 27.8 eff. 03/17/2026.

8 CCR 1202-18 Rules Pertaining to Hand Weeding and Hand Thinning by Agricultural Workers {#sec-8-ccr-1202-18 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-18}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO HAND WEEDING AND HAND THINNING BY AGRICULTURAL WORKERS

8 CCR 1202-18 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

PART 1. DEFINITIONS 1.1 “Actively engaged in the transition to certified organic agriculture” means that land is being managed according to the rules implementing the National Organic Program (“NOP”) at 7 CFR

Part 205 (as incorporated herein by reference) for 36 months prior to harvest of the first organic crop and being certified organic by a United States Department of Agriculture (“USDA”) NOP accredited certifier. 1.2 “Agricultural activities” are those services or activities included in section 203(f) of the federal Fair Labor Standards Act of 1983, 29 U.S.C. § 201 et seq., as amended, or section 3121(g) of the federal Internal Revenue Code of 1986, as amended (both as incorporated herein by reference). 1.3 “Agricultural employee” has the same meaning set forth in § 8-2-206(1)(b), C.R.S. (as incorporated herein by reference). 1.4 “Agricultural employer” has the same meaning set forth in § 8-3-104(1), C.R.S. (as incorporated herein by reference). 1.5 “Agricultural property” means a contiguous or non-contiguous parcel of land on which agricultural activities are conducted and which is owned or leased by the same person or entity, including property leased from the federal or state government. Agricultural properties do not include properties owned or leased by the state or political subdivisions of the state, including state institutions of higher education, on which agricultural activities occur. 1.6 “Commissioner” means the Commissioner of the Colorado Department of Agriculture. 1.7 “Department” means the Colorado Department of Agriculture. 1.8 “Exempt Activity” means any activity described under §§ 8-13.5-203(2)(c), C.R.S., (as incorporated herein by reference). 1.9 “Farm Record” means any record or other business-related information that identifies a farm’s ownership or contains trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data. Such record or information can be in written, printed, photographic, electronic or digital format and can include, but is not required to include: crop information, financial information, purchase and sale information, operational protocols, or account numbers or unique identifiers issued by government or private entities. 1.10 “Organic System Plan” has the same meaning set forth in 7 C.F.R. § 205.2 (as incorporated herein by reference). 1.11 “Prolonged” means continuing for a long, uninterrupted period of time that lasts longer than is necessary to accomplish a given objective or end. 1.12 “Suitable and appropriate” means acceptable or right for a particular purpose or situation. 1.13 “Unnecessary” means not required to be done, achieved, or present, including not needed to achieve a given objective or end. 1.14 “Variance certificate” means a written or electronic document issued by the Colorado Department of Agriculture to an agricultural employer that permits more than occasional or intermittent handweeding of agricultural or horticultural products on an agricultural property(ies) owned or leased by the agricultural employer.

PART 2. VARIANCE PROCEDURE AND REQUIREMENTS 2.1 An agricultural employer must receive a variance certificate from the Department prior to having any agricultural worker, including workers working through a contract service, hand weed agricultural or horticultural products greater than 20 percent of the worker’s weekly work time on an agricultural property(ies) owned or leased by an agricultural employer. 2.1.1 When determining whether an agricultural worker will hand weed “greater than 20 percent of the worker’s weekly work time,” the agricultural employer must account for the hours performed hand weeding on the entire agricultural property(ies), including time spent hand weeding on portions of the agricultural property(ies) where Exempt Activities occur. 2.2 The agricultural employer seeking a variance certificate must submit an application for a variance on a form provided by the Commissioner at least 10 business days prior to the commencement of hand weeding activities on the subject agricultural property(ies). 2.2.1 The application must include, but is not limited to, the following: 2.2.1.1 The name and contact information for the person or entity requesting the variance; 2.2.1.2 An explanation of why the variance is being requested; 2.2.1.3 An explanation of why, to the best of the agricultural employer’s knowledge, the hand weeding performed under the requested variance will not involve prolonged and unnecessary stooping, kneeling, or squatting and does not create a risk of acute, chronic, or debilitating injuries to agricultural workers; 2.2.1.4 An explanation of why, to the best of the agricultural employer’s knowledge, there is no suitable long-handled tool or other alternative means of performing the work that is suitable and appropriate to both the production of the agricultural or horticultural commodity and the scale of the operation; 2.2.1.5 Confirmation that the hand weeding to be performed under the variance certificate is not hand weeding that can be performed under any Exempt Activity; 2.2.1.6 Confirmation that an agricultural employer will not have any agricultural worker use a short-handled hoe for weeding and thinning in a stooped, kneeling or squatting position; 2.2.1.7 Confirmation that an agricultural employer will provide any agricultural worker engaged in hand weeding and hand thinning an additional five minute rest period in the middle of each work period; 2.2.1.8 Confirmation that the agricultural employer will provide gloves and knee pads, as necessary, to each agricultural worker engaged in hand weeding or thinning; 2.2.1.9 A description of any other procedures, methods, and strategies, including, but not limited to, agronomy practices and weed management methods to be applied on the subject agricultural property(ies), that the agricultural employer will use to protect agricultural workers from risk of acute, chronic, or debilitating injury during hand weeding or thinning conducted under the requested variance certificate; and 2.2.1.10 Any other information required by the Commissioner to administer §§ 8- 13.5-203(d) and (e), C.R.S., (as herein incorporated by reference). 2.3 All variance certificates, including those issued to agricultural employers actively transitioning to organic agriculture, are valid for one calendar year. 2.4 All variance certificates apply to the agricultural employer and the agricultural property(ies) identified in the application, unless that property(ies) description has been modified as described in Part 2.6 below. 2.4.1 A separate variance certificate is required for additional properties not so identified or modified. 2.5 Variance certificates may not be assigned or transferred to a different agricultural employer. 2.6 If, after receipt of a variance certificate from the Department, the agricultural employer wishes to modify the agricultural property(ies) covered by the variance certificate, that agricultural employer must file a request to modify the variance certificate. 2.6.1 Any such request must be filed on a form provided by the Commissioner at least 10 business days prior to permitting more than occasional or intermittent hand weeding or thinning on the modified agricultural property(ies). 2.7 Variance certificates do not cover hand weeding during otherwise Exempt Activities. 2.8 Applications for a variance must be signed by an authorized representative of the agricultural employer who possesses the legal authority to make binding decisions for the agricultural employer. 2.9 Farm records and other business-related information shared with the Department, including information provided as part of the application process, are confidential pursuant to § 24-72-204, C.R.S., and 7 C.F.R. § 205.501(a)(10) (both as incorporated herein by reference).

PART 3. SPECIAL REQUIREMENTS FOR AGRICULTURAL EMPLOYERS TRANSITIONING

TO ORGANIC AGRICULTURE 3.1 An agricultural employer that is actively engaged in the transition to certified organic agriculture, but not yet certified organic by the USDA NOP or an accredited organic certifier, must request a variance from the Department pursuant to Part 2 above in order to have agricultural workers hand weed or hand thin more than occasionally or intermittently. 3.1.1 An agricultural employer that is actively engaged in the transition to certified organic agriculture is only eligible to receive a variance certificate for up to three consecutive years. 3.1.1.1 The Commissioner may issue a variance certificate pursuant to Part 2 above for additional consecutive periods to such an agricultural employer when the agricultural employer establishes that a third party has applied prohibited substances or methods to the agricultural employer’s property without the permission of the agricultural employer, such that the agricultural employer’s transition to organic agriculture must be extended for another three years. 3.1.1.2 Nothing in this Part. 3.1 prohibits the Commissioner from exercising the Commissioner’s discretion to issue variance certificates pursuant to Part 2 above for additional consecutive periods upon a showing of extenuating circumstances by the agricultural employer. 3.2 Notwithstanding Part 3.1 above, variance certificates described in Part 2 above are not required if: 3.2.1 An agricultural employer’s agricultural property is already USDA NOP certified and that agricultural employer has included and identified additional and specific fields or greenhouses in its Organic System Plan as transitioning from conventional to organic agriculture. 3.2.2 An agricultural employer is transitioning agricultural property from conventional to certified organic agriculture and is participating in a formal transition program with an accredited USDA organic certifier. 3.3 Nothing in this Part 3 requires an agricultural employer that is actively engaged in the transition to certified organic agriculture to request a variance for Exempt Activities.

PART 4. INCORPORATION BY REFERENCE 4.1 Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference in these rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Inspection and Consumer Services Division Director, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: 7 C.F.R. Part 205 (2015): https://www.ecfr.gov/cgi-bin/textidx?tpl=/ecfrbrowse/Title07/7cfr205_main_02.tpl 29 U.S.C. § 201 et seq (2018): https://www.law.cornell.edu/uscode/text/29/chapter-8 7 U.S.C. § 3121 (2019): https://www.law.cornell.edu/uscode/text/26/3121 Title 8, Article 2, Section 206(1)(b); Title 8, Article 3, Section 104(1); and Title 8, Article 13.5, Sections 203(2)(c), (2)(d), and (2)(e) of the Colorado Revised Statutes (2021): https://advance.lexis.com/container?config=0345494EJAA5ZjE0MDIyYy1kNzZkLTRkNzktYTkxM S04YmJhNjBlNWUwYzYKAFBvZENhdGFsb2e4CaPI4cak6laXLCWyLBO9&crid=fabde68b-1861- 48c2-8e5a-64339f7937a1 Title 24, Article 72, Section 204 of the Colorado Revised Statutes (2021): https://advance.lexis.com/container?config=0345494EJAA5ZjE0MDIyYy1kNzZkLTRkNzktYTkxM S04YmJhNjBlNWUwYzYKAFBvZENhdGFsb2e4CaPI4cak6laXLCWyLBO9&crid=fabde68b-1861- 48c2-8e5a-64339f7937a1 PARTS 5 – 6. RESERVED

PART 7. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 7.1 Adopted December 8, 2021 - Effective January 30, 2022 STATUTORY AUTHORITY:

The Commissioner of Agriculture adopts these rules pursuant to §§ 8-13.5-203(2)(d) and (e), C.R.S.

PURPOSE:

To comply with Senate Bill 21-87 by establishing rules concerning allowances, limitations, and variances for agricultural employers to permit certain hand weeding and/or thinning activities by agricultural workers by:

1. Defining key terms;

2. Establishing the requirements and process for requesting a variance from the Colorado Department of Agriculture (“Department”) that allows more than occasional or intermittent hand weeding by agricultural workers; and 3. Establishing allowances and limitations for hand weeding and hand thinning for agricultural employers actively engaged in the transition to certified organic agriculture while ensuring that agricultural workers are not at risk of acute, chronic, or debilitating injuries.

FACTUAL AND POLICY ISSUES:

The factual and policy issues encountered while drafting these rules are as follows:

1. The Department identified multiple terms that were not defined in §§ 8-13.5-201 and 203, C.R.S.

To provide clarity to the regulated community both as to the meaning of terms used in these rules and to the types of activities that are not subject to limitations on hand weeding or thinning, the Department has included definitions in Part 1.

2. The Department has excluded properties owned or leased by the state or political subdivisions of the state, including state institutions of higher education, from the definition of agricultural property at Part 1.3 because neither the state nor political subdivisions of the state are regulated employers pursuant to § 8-3-104(12)(b), C.R.S. As such, the state and political subdivisions of the state, including institutions of higher education in the state, are not subject to limitations on hand weeding or thinning. However, individuals or entities who lease land from the state or a political subdivision of the state and who conduct agricultural activities on those leased lands are subject to these rules.

3. A variance certificate is not required if an agricultural employer only engages in activities that are already exempt from hand weeding and thinning limitations by statute. Specifically, § 8-13.5- 203(2)(c), C.R.S., establishes classes of activities that are not subject to variance requirements (“Exempt Activities”). In other words, a variance certificate allowing agricultural workers to hand weed more than occasionally or intermittently is not required for Exempt Activities.

4. However, the Department understands that many agricultural employers conduct Exempt Activities and non-Exempt Activities on the same agricultural property(ies). Although agricultural employers do not need to seek a variance certificate for Exempt Activities, those employers must consider the hours spent hand weeding or thinning during those activities when determining if hand weeding during a worker’s weekly work time will exceed the occasional or intermittent threshold, defined as “twenty percent or less of an agricultural worker’s weekly work time.” § 8- 13.5-201(b), C.R.S. This is because the governing statute does not define “weekly work time,” and the plain meaning of that phrase encompasses any and all work conducted as part of the worker’s employment. Therefore, Part 2.2.1 requires that, when determining whether a variance certificate is required to hand weed more than occasionally or intermittently, the agricultural employer account for the hours performed hand weeding on the entire agricultural property(ies), including time spent hand weeding on portions of the agricultural property(ies) where Exempt Activities occur.

5. The activities conducted by an agricultural employer are closely tied to the agricultural property(ies) that the agricultural employer owns, leases, or otherwise controls, maintains, and operates. Because the variance will cover specific hand weeding operations conducted on specific properties, the Department needs information on those properties in order to assess whether the agricultural employer has made the necessary statutory showing required to receive a variance. For this reason, the Department has determined that variances are employer- and property-specific, and, therefore, Part 2 of these rules requests information on agricultural properties and activities on those specific properties.

6. Section 8-13.5-203(2)(e), C.R.S., only allows the Department to approve a request for a variance when the agricultural employer has established that three, specific criteria are met. As such, the burden is on the agricultural employer to establish that: i) the hand weeding performed under the variance does not involve prolonged and unnecessary stooping, kneeling, or squatting and does not create a risk of acute, chronic, or debilitating injuries for agricultural workers; ii) there is no suitable long-handled tool or other alternative means of performing the work that is suitable and appropriate to both the production of the agricultural or horticultural commodity and the scale of the operation; and iii) the applicant is not engaged in any of the seven other exempt activities listed at § 8-13.5-203(2)(c), C.R.S.

7. This statutory mandate does not grant any inspection or enforcement authority to the Department concerning the variances. Therefore, neither Part 2 nor Part 3 of the Department’s rules provide for pre-variance inspections, post-variance inspections, or oversight concerning whether an agricultural employer complies with the requirements necessary for the Department to issue a variance. Instead, the Department must rely on information provided by the agricultural employer to establish that the requirements for a variance are met. In so doing, the Department recognizes that each agricultural operation is unique; thus, the agricultural employer will be in the best position to, for example, analyze the suitability of various long-handled or other tools to their operations or the appropriateness of hand weeding certain agricultural or horticultural commodities. Therefore, Parts 2.2.1.3 through 2.2.1.5 of the Department’s rules require explanations from the applicant as to how the criteria described immediately above have been met.

8. Because the variance process includes a consideration of risk of acute, chronic, or debilitating injury to an agricultural worker, Parts 2.2.1.6 through 2.2.1.8 of the Department’s rules require confirmation from the applicant that statutory requirements at §§ 8-13.5-203(2)(a), (3), and (4), C.R.S., setting forth protections afforded to agricultural workers, have been met. The Department has no oversight authority over an applicant’s compliance with these statutory requirements; such compliance is the responsibility of the applicant. That said, Part 2.2.1.9 requests information on other procedures or methods the agricultural employer intends to provide to protect agricultural workers from risk of acute, chronic, or debilitating injury.

9. A variance certificate applies to the specific agricultural employer and all agricultural properties identified in the application for a variance. The Department recognizes, however, that agricultural properties owned, leased, or otherwise worked may change in any given year. To account for this reality, Part 2.6 establishes a process by which an agricultural employer may modify the agricultural properties to which the variance certificate applies. This ensures that an agricultural employer’s variance extends to new properties or parcels where hand weeding or thinning may occur, provided all requirements in Part 2.6 have been met.

10. Section 8-13.5-203(2)(d) charges the Department with promulgating rules that establish allowances and limitations for hand weeding and hand thinning for agricultural employers actively engaged in the transition to certified organic agriculture, while ensuring that agricultural workers are not at risk of acute, chronic, or debilitating injuries. The Department identified three classes of agricultural employers most likely to be transitioning to organic agriculture in Part 3 of its rules: i) those who are actively certified but are transitioning conventional fields to organic fields pursuant to their Organic System Plan; ii) those who are transitioning their operations or specific portions of their operations to organic agriculture pursuant to a formal transition program offered by an accredited certifier; and iii) those considering or operating in the three-year transition period required to become certified organic (i.e., where the fields or greenhouses have had no prohibited substances applied or methods used).

11. There is no way for the Department to track the identity or progress of the third category of transitioning agricultural employers who are not part of a formal transitioning program. And, because § 8-13.5-203(d), C.R.S., does not grant the authority to the Department to inspect transitioning fields, the Department lacks general oversight authority over any such transition.

Therefore, the Department has determined that the most effective way to limit hand weeding in these instances is pursuant to the variance process described in Part 2 of the rules.

12. Section 8-13.5-203(c)(III), C.R.S., exempts certified organic operations from limits on hand weeding or thinning. Some transitioning agricultural employers operate under an existing Organic System Plan or under a formal transitioning program overseen by an accredited certifier. Such transitioning operations are carefully monitored by USDA NOP or the certifier and, because those transitioning operations will soon be certified organic, the Department has determined that no variance will be required for these groups of transitioning agricultural employers who operate under oversight by certifiers or USDA NOP.

13. Part 3.1 establishes the general rule that agricultural employers actively engaged in the transition to certified organic agriculture are only eligible to receive a variance certificate for up to three consecutive years. This three-year limitation matches the three-year period where a transitioning grower may not use or apply prohibited methods or substances to the transitioning land.

However, the Department’s experience as an organic certifier demonstrates that there are situations where this three-year period must be extended. For example, third parties may apply or otherwise allow prohibited substances to contact transitioning fields without the permission of the transitioning grower (e.g., pesticides applied to non-conventional fields drift onto transitioning fields; fire suppression activities require the application of prohibited substances to transitioning fields to stop the spread or threat of fire to other areas). Therefore, provided the requirements in § 8-13.5-203(2)(e), C.R.S., are met, Part 3.1.1.1 allows the Commissioner to issue a variance certificate for additional consecutive periods to account for such situations. However, the Department cannot enumerate the myriad ways in which a transition to organic agriculture may be interrupted without the knowledge or permission of the transitioning grower. To address this issue, Part 3.1.1.2 allows the Commissioner to exercise his or her discretion to consider the extenuating circumstance(s) presented by the applicant and then exercise his or her discretion to issue variance certificates consistent with § 8-13.5-203(2)(e), C.R.S., for additional consecutive periods. _________________________________________________________________________ Editor’s Notes

History New rule eff. 01/30/2022.

8 CCR 1202-19 Rules Pertaining to the Confinement of Egg-Laying Hens {#sec-8-ccr-1202-19 omnilex-key=us-co-regs-official--department-1--8 CCR 1202-19}

COLORADO DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE CONFINEMENT OF EGG-LAYING HENS

8 CCR 1202-19 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

PART 1. DEFINITIONS

Unless the context otherwise requires, the following definitions apply to these rules and words in the singular form shall be deemed to impart the plural and vice versa, as the case may demand: 1.1. “Accreditation” or “accredit” means a determination made by the commissioner that authorizes a private entity to conduct certification activities as a certifying agent under this Act. 1.2. “Act” means House Bill 20-1343, codified at section 35-21-201, et seq., of the Colorado Revised Statutes. 1.3. “Business owner or operator” means any person who owns or controls the operations of a business. Business owner or operator does not include a business owner or operator who engages in the sale or transport of shell eggs in the state at one or more business locations in the state if each business location owned or operated by the business owner or operator sells fewer than twenty-five cases of thirty dozen eggs per week, all business locations owned by or operated by the business owner or operator collectively sell fewer than one hundred cases of thirty dozen eggs per week, and the business owner or operator is not a farm owner or operator. 1.4. “Cage-free egg” means an egg produced by a hen that was housed in a Cage-free housing system. 1.5. “Cage-free housing system” means an indoor or outdoor controlled environment for egg-laying hens to which all of the following apply: (I) For an indoor environment, the egg-laying hens are free to roam unrestricted except by the following: (A) Exterior walls; and (B) Interior fencing used to contain the entire egg-laying hen flock within the building or subdivide flocks into smaller groups if farm employees can walk through each contained or subdivided area to provide care to egg-laying hens and if each egg-laying hen has the minimum amount of usable floor space described in section 35-21-203(1)(b)(II), Colorado Revised Statutes; (II) Egg-laying hens are provided enrichments that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and (III) Farm employees can provide care while standing within the egg-laying hens’ usable floor space. “Cage-free housing system” includes multi-tiered aviaries, partially slatted systems, and single-level all-litter floor systems. “Cage-free housing system” does not include systems commonly described as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages, or similar cage systems. 1.6. “Certification applicant” means a farm owner or operator who applies with the Department to have their egg production operation(s) certified. 1.7. “Certificate of compliance” means a written or electronic document issued by the commissioner to a farm owner or operator indicating that the shell eggs or egg products produced by that farm owner or operator were produced in compliance with the Act and which must be provided to a business owner or operator during the transfer of any shell egg and egg products. 1.8. “Certified operation” means the egg production operation by farm owner or operator, or portion of such operation, that is certified by a certifying agent as utilizing a system of egg-laying hen confinement as required by the Act. 1.9. “Certifying agent” means any private entity accredited by the Department as a third-party certifying agent for the purpose of certifying a production operation as a certified operation. 1.10. “Combination Food” means any egg product that is less than 90% eggs and has been combined with at least one other substantive food product. 1.11. “Egg product” means an egg of an egg-laying hen that is separated from the shell and intended for human food, whether in liquid, solid, dried, or frozen form, whether raw or cooked, and with (I) the egg yolk and egg white in their natural proportions; or (II) the egg yolk and egg white separated, mixed, or mixed and strained. “Egg product” does not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, or ice cream, that include egg as one of multiple ingredients in the product; except that merely adding sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, or similar food additives does not make an egg product a combination food product. 1.12. “Farm” means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. “Farm” does not include live animal markets or official plants where mandatory inspection is maintained under the federal “Egg Products Inspection Act”, 21 U.S.C. sec. 1031 et seq., as amended. 1.13. “Farm owner or operator” means a person who owns a farm or controls the operations of a farm.

Farm owner or operator does not include a farm owner or operator with an annual shell egg production from three thousand or fewer egg-laying hens if all shell eggs sold in the state or transported in the state by the farm owner or operator are derived from three thousand or fewer egg-laying hens. 1.14. “Inspection” means the act of examining and evaluating the production, distribution, or retail operation of a farm owner or operator or a business owner or operator to determine compliance with the Act and the rules. 1.15. “Inspector” means any person retained or used by a certifying agent to conduct inspections of a farm owner or operator or a business owner or operator, or an authorized representative of the Department. Inspector includes process verification provider. 1.16. “Label” means a display of written, printed, or graphic material on the immediate container of a shell egg or egg product or any such material affixed to any covered product or affixed to a bulk container containing a shell egg or egg product, except for package liners or a display of written, printed, or graphic material which contains only information about the weight of the product. 1.17. “Labeling” means all written, printed, or graphic material accompanying a shell egg or egg product at any time or written, printed, or graphic material about the shell egg or egg product displayed at retail stores about the product. 1.18. “Person” means any individual, firm, partnership, joint venture, association, limited liability corporation, corporation, estate, trust, receiver, or syndicate. 1.19. “Process verification” means the act of confirming that the production, processing, handling, packaging, storing, transporting, and selling of shell eggs or egg products complies with the Act and the rules. 1.20. “Records” means any information in written, visual, or electronic form that documents the activities undertaken by a farm owner or operator, business owner or operator, or certifying agent to comply with the Act. 1.21. “Sale” means a commercial sale by a business that sells any item covered by section 35-21-201, et seq., Colorado Revised Statutes. “Sale” does not include any sale undertaken at an official plant where mandatory inspection is maintained under the federal “Egg Products Inspection Act”, 21 U.S.C. sec. 1031 et seq., as amended. 1.22. “Shell egg” means a whole egg of an egg-laying hen in its shell form, intended for use as human food. 1.23. “Single-level all-litter floor system” means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms. 1.24. “Split operation” means a farm owner or operator or a business owner or operator that produces or distributes shell eggs or egg products from operations that are both in conformance and out-ofconformance with the confinement standards of the Act. 1.25. “Title Document” means a document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of shell eggs or egg products is entitled to receive, hold, and dispose of the document and the shell eggs or egg product it covers.

Examples of such documents include bill of lading, dock warrant, dock receipt, warehouse receipt, or shipping invoices for an order for the delivery of shell eggs or egg products. 1.26. “Usable floor space” means (I) the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the number of egg-laying hens in that enclosure; and (II) includes both ground space and elevated level or nearly level flat platforms upon which egg-laying hens can roost.

“Usable floor space” does not include perches or ramps.

PART 2. ENCLOSURE REQUIREMENTS 2.1. On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen. This

part is repealed, effective January 1, 2025. 2.2. On and after January 1, 2025, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure: 2.2.1. That is not a cage-free housing system; or 2.2.2. That has less than: 2.2.2.1. One square foot of usable floor space per egg-laying hen in a cage-free housing system that provides egg-laying hens with unfettered access to vertical space, such as a multi-tiered aviary or a partially slatted system; or 2.2.2.2. One and one-half square feet of usable floor space per egg-laying hen in a cagefree housing system that does not provide egg-laying hens with unfettered access to vertical space, such as a single-level all-litter floor system.

PART 3. CERTIFICATION OF FARM OWNER OR OPERATOR 3.1. To sell shell eggs and egg products, to offer to sell shell eggs or egg products, or to transport shell eggs or egg products for sale within the state, a farm owner or operator must maintain certification by the commissioner of its operations and comply with all applicable provisions of the Act and rules. 3.2. A farm owner or operator must be inspected annually by a certifying agent approved by the commissioner and have a site inspection once in every 12-month period in accordance with part 8 of this rule. 3.3. A farm owner or operator seeking to receive or maintain a certificate of compliance must immediately notify the Department concerning any change in a certified operation or any portion of a certified operation that may affect its compliance with the Act and these rules. 3.4. A farm owner or operator seeking to receive or maintain certification must allow access during normal business hours by the certifying agent and the commissioner’s authorized representative to: 3.4.1. The farm, including any facilities, structures, enclosures, and houses where egg-laying hens, shell eggs, and egg products may be kept, produced, processed, handled, stored or transported, except that the certifying agent or the commissioner’s authorized representative must consider any written or adopted biosecurity procedures currently in place at the time of inspection; 3.4.2. All containers, labels, labeling, invoices, documents of title, and bills of lading used in the handling, storage, packaging, sale, transportation, or distribution of shell eggs and egg products; and 3.4.3. All records required to be maintained by Part 4.

PART 4. FARM OWNER OR OPERATOR RECORDKEEPING REQUIREMENTS 4.1. A farm owner or operator must maintain records concerning their production of shell eggs and egg products. Such records must: 4.1.1. Be maintained by a farm owner or operator in sufficient detail to document that egg-laying hens were confined in compliance with the Act and the requirements of the rules; 4.1.2. Be maintained for not less than two years beyond their creation; 4.1.3. Include records of all shell egg and egg product transactions for the preceding two-year period and indicate the date, quantity, identity of the buyer and seller, and the address where physical possession of covered product took place for each transaction; 4.1.4. Include documentation and records for the preceding two-year period pertaining to the production, processing, handling, packaging, storage, transportation, or sale of shell eggs or egg products, intended for sale in Colorado or identified or represented as compliant with the confinement requirements of the Act; 4.1.5. Include documentation of the size of each facility, the quantity and type of shell eggs or egg products produced or processed from each facility or farm unit in the certified operation, the number of enclosures for each facility or farm unit, the size of each enclosure, the number of egg-laying hens housed in each enclosure, and the dates of stocking, harvest, and production; and 4.1.6. If the facility is a split operation, include documentation sufficient to demonstrate the identification, segregation, distribution, and handling of shell eggs or egg products to prevent commingling with any shell eggs or egg products that do not comply with requirements of the Act.

PART 5. APPLICATION FOR CERTIFICATION OF COMPLIANCE 5.1. A farm owner or operator seeking certification of compliance from the commissioner must submit an application for certification to the commissioner that includes all the following information: 5.1.1. The name of the authorized representative completing the application; the applicant's business name, physical address, mailing address, email, and telephone number; and, if the applicant is an organization, the name, address, email, and telephone number of the person authorized to act on the applicant's behalf; 5.1.2. Proof of certification by a certifying agent, which includes an on-site inspection and process verification by a certifying agent, dated within 365 days of the date the applicant submits its application for certification to the commissioner; 5.1.3. A description of the type and quantity of egg-laying hens at the facility; 5.1.4. A description of the enclosure system(s) to be used at the facility, including but not limited to the number of enclosures, size of enclosures and maximum number of egg-laying hens to be housed in each, 5.1.5. If the facility is a split operation, documentation sufficient to demonstrate the identification, segregation, distribution, and handling procedures of shells eggs or egg products produced in compliance with the Act and these Rules to prevent commingling with any shell eggs or egg products that do not comply with requirements of the Act or the Rules; and 5.1.6. Additional information as deemed necessary by the commissioner to determine compliance with the Act and the rules. 5.2. Upon the granting of certification, the commissioner shall issue to the farm owner or operator applicant a certificate of compliance, which shall specify the name and address of the certified operation, the effective date of the certification, and a statement that confirms that the farm owner or operator is in compliance with the Act and the rules. 5.3. Certification shall be good for one calendar year, beginning on the date of initial issuance of the certificate of compliance, and January 1st for each year the farm owner or operator maintains certification, and ending on December 31st. 5.4. Certification under these rules is not transferable. No later than 60 days after obtaining ownership or control of an operation, a new farm owner or operator shall apply for certification, regardless of whether the prior farm owner or operator was certified by the commissioner. 5.5. If the commissioner determines that the applicant’s operation does not comply with the Act and these rules, the commissioner shall deny the application and notify the applicant of its decision and describe each reason for noncompliance. The applicant may take corrective action to remedy all reasons for noncompliance and reapply for certification. 5.6. Certification must be renewed annually no later than January 31st of the year the farm owner or operator is seeking certification. Failure to do so will result in immediate noncompliance with the Act.

PART 6. GENERAL REQUIREMENTS FOR BUSINESS OWNERS AND OPERATORS 6.1. A business owner or operator who sells or transports shell eggs or egg products for sale in Colorado shall: 6.1.1. Comply with all applicable provisions of the Act and the rules; 6.1.2. Retain a copy of either: 6.1.2.1. The certificate of compliance issued under part 5.2 from the farm owner or operator that produced the lot of shell eggs or egg products; or 6.1.2.2. Title documents received from the farm owner or operator or other business owner or operator that indicate the lot of shell eggs or egg products is complaint with the Act; 6.1.3. Maintain all records described in part 6.1.2 for a period of not less than two years; 6.1.4. Allow on-site inspections of the business owner or operator’s retail store, distribution operation, and offices by the commissioner's authorized representative; 6.1.5. Allow the commissioner’s authorized representative to access and examine all shell eggs or egg products that are sold or intended, held, segregated, stored, packaged, labeled, or represented for sale or distribution; 6.1.6. Allow the commissioner’s authorized representative to access and examine containers, labels, labeling, invoices, title documents, and bills of lading used in the handling, storage, packaging, sale, transportation, or distribution of shell eggs or egg products; 6.1.7. Allow the commissioner’s authorized representative during normal business hours access to review and copy all records required to be maintained by the Act and rules; and 6.1.8. If the facility is a split operation, implement procedures to prevent the commingling of any shell eggs or egg products that do not comply with requirements of the Act with shell eggs or egg products that comply with the requirements of the Act. 6.2. When a business owner or operator sells or transports for sale shell eggs or egg products to a government agency as part of a state or federally sponsored egg program, such business owner or operator shall not be considered to have knowingly sold or transported for sale shell eggs or egg products in the state.

PART 7. SHELL EGG AND EGG PRODUCT TRANSFER DOCUMENTATION AND

ALTERNATIVE LABELING REQUIREMENTS 7.1. All shell eggs and egg products to be sold must be accompanied by a copy of the certificate of compliance issued by the commissioner for the year in which the egg and egg products are packed. The certificate of compliance must accompany all shell eggs and egg products during the transfer or sale to a business owner or operator. 7.2. In lieu of a certificate of compliance described in part 7.1, shell eggs and egg products entering the state or transported within the state for sale may be accompanied by title documents that include the statement “CO-COM”. 7.3. Shipments of shell eggs or egg products, not in compliance with the act, that enter Colorado exclusively for purposes of transshipment or export for human consumption outside of the state and are not destined for commercial sale in Colorado need not include the statement “CO-COM”. 7.4. The side of each container of all shell eggs and egg products for sale, or destined for sale, in Colorado shall contain the statement “CO-COM” with the following exceptions: 7.4.1. Egg or egg products that are certified as USDA Organic by the National Organic Program may contain the statement “organic” as an alternative to “CO-COM”; and 7.4.2. Egg or egg products that are Cage free eggs, as defined in Part 1.4. of these Rules, may contain the statement “Cage Free” as an alternative to “CO-COM.” 7.5. The statement CO-COM must be clearly legible, without obscuring designs or vignettes, and be plainly printed, stamped or marked in letters not less than one-eighth inch ⅛” in height. 7.6. No person shall label, identify, mark, advertise, or otherwise represent shell eggs or egg products for sale in the state using the term “cage free” or other similar descriptive term unless the shell eggs or egg products were produced in compliance with the Act.

PART 8. ACCREDITED CERTIFYING AGENTS 8.1. The commissioner may accredit a qualified domestic or foreign applicant to certify a domestic or foreign farm owner or operator as a certified operation that conducts its business in compliance with the Act. 8.2. Accreditation of certifying agents shall be valid for a period of five years from the date of the commissioner’s approval of accreditation. 8.3. In order to receive and maintain accreditation, a private entity accredited as a certifying agent under these rules must: 8.3.1. Fully carry out the applicable provisions of the Act and the rules; 8.3.2. Have sufficient expertise in shell egg or egg product production techniques to carry out the provisions of the Act and the rules; 8.3.3. Maintain all records pursuant to part 8.9, and make all such records available for inspection and copying during normal business hours by authorized representatives of the commissioner; 8.3.4. Promptly report to the commissioner complaints of noncompliance with the Act or the rules concerning operations certified as compliant with the Act and the rules by the certifying agent; and 8.3.5. Not disclose any information collected pursuant to the Rules obtained while certifying production operations for compliance with the rules to any third-party without approval by the commissioner. 8.4. A private entity seeking accreditation as a certifying agent under this part must submit an application for accreditation provided by the Department and include all the following supporting documentation: 8.4.1. The business name, primary office location, mailing address, name of the person(s) responsible for the certifying agent's day-to-day operations, contact numbers (telephone, facsimile, email and Internet address) of the applicant, and the entity's federal taxpayer identification number; 8.4.2. The name, office location, mailing address, and contact numbers (telephone, facsimile, email and Internet address) for each of its organizational units, such as chapters or subsidiary offices, and the name of a contact person for each unit; 8.4.3. The applicant’s entity type (e.g., for-profit business, not-for-profit membership association) and documentation showing the entity's status and organizational purpose, such as articles of incorporation and bylaws or ownership or membership provisions, and its date of establishment; 8.4.4. A list of each State or foreign country in which the applicant has previously conducted certification services and a list of each State or foreign country in which the applicant intends to certify production or distribution operations pursuant to the Act and the rules; and 8.4.5. A name of each person or entity reasonably connected to the applicant that has or has held a commercial interest in the shell egg or egg product industry within the 12-month period prior to the application for accreditation. 8.5. When requested by the commissioner, a private entity seeking accreditation as a certifying agent must submit the following documents and information: 8.5.1. The name and position description of personnel in the certifying agent’s operation performing inspections, members of any certification review and evaluation committees, and inspection contractors; 8.5.2. A description of procedures, practices, and training to ensure that its responsibly connected persons, employees, and contractors with inspection, analysis, auditing and decision-making responsibilities have sufficient expertise to successfully perform the duties assigned and to comply with and implement the requirements of the Act and the rules; 8.5.3. A copy of the procedures to be used to evaluate certification applicants, make certification decisions, and issue certification certificates; 8.5.4. A copy of the procedures to be used for reviewing and investigating certified operations compliance with the Act and the rules and the reporting of violations of the Act and the rules to the Department; 8.5.5. A copy of the procedures to be used for complying with the recordkeeping requirements set forth in part 8.9 below; and 8.5.6. Any other information the applicant believes may assist in the commissioner’s evaluation of the applicant's expertise and ability. 8.6. Accreditation will be granted, and notice issued, when the commissioner determines that the applicant meets the requirements as stated in Part 8.3 of these Rules, as determined by a review of the application and supporting documentation 8.7. The accreditation of a certifying agent shall continue in effect until such time as the certifying agent fails to renew accreditation, the certifying agent voluntarily ceases its certification activities, or the accreditation is suspended or revoked. 8.8. When requested by the commissioner, an accredited certifying agent must allow on-site evaluations for the purpose of evaluating the certifying agent's operations for compliance with the Act and these Rules. On-site evaluations may include a review of the certifying agent's procedures, records, and audit activities. 8.9. Accredited certifying agents must maintain the following records for not less than three years beyond their creation or receipt: 8.9.1. Records obtained from applicants for certification and certified operations; 8.9.2. Records created by the certifying agent regarding applicants for certification and certified operations; and 8.9.3. Records created or received by the certifying agent pursuant to the accreditation requirements of the rules. 8.10. Renewal of accreditation. 8.10.1. To renew accreditation certification, an accredited certifying agent must submit an application for accreditation to the commissioner to be received at least six months prior to the expiration date of the notification of accreditation and each subsequent renewal of accreditation. 8.10.2. Following receipt of the application for accreditation, the results of an on-site evaluation, if applicable, and the determination that the certifying agent remains in compliance with the Act and these rules, the commissioner may issue a notice of accreditation. 8.10.3. Any change in ownership, business name, or location of the accredited certifier must be reported to the commissioner within 30 days of such change. 8.10.4. Certifying agents with an expired accreditation shall not perform certification activities under the Act and the rules.

PART 9. INSPECTION PROCESS REQUIREMENTS 9.1. In order to grant certification, a certifying agent must conduct an on-site inspection and process verification of each production unit, facility, and site that produces or distributes shell eggs or egg products that is included in an operation for which certification is requested to determine whether the operation is in compliance with the applicable provisions of the Act and the rules. 9.2. An on-site inspection and process verification must be conducted at least once every 12 months thereafter for each certified operation that produces or distributes shell eggs or egg products for the purpose of determining whether to approve the request for certification or whether certification of the operation should continue. 9.3. The commissioner may require that additional inspections and process verification be performed by an accredited certifying agent or the commissioner for the purpose of determining compliance with the Act and the rules. Additional inspections and process verification may be announced or unannounced as required by the commissioner. If the commissioner or certifying agent intends to review the operation’s business records, the commissioner will provide the operation with a seven-day notice of its intent to inspect. 9.4. All on-site inspections and process verification must be conducted when an authorized representative of the operation who is knowledgeable about the operation is present and at a time when facilities and activities that demonstrate the operation's compliance with or capability to comply with the applicable provisions of the Act and these rules can be observed, except that this requirement does not apply to unannounced on-site inspections. 9.5. Proper documentation must be provided to the farm owner or operator and must indicate that the operation is compliant with the enclosure requirements established in the Act and these rules. 9.6 All inspectors must follow the farm owner or operator’s biosecurity protocol to conduct inspections.

PARTS 10 & 11. RESERVED

PART 12. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 12.1. Adopted August 10, 2022 – Effective September 30, 2022 Statutory Authority:

The Commissioner of Agriculture adopts these rules pursuant to section 35-21-207(2) of the Colorado Revised Statutes.

Purpose:

The purpose of this rulemaking is to comply with the Act created by House Bill 20-1343 by establishing rules concerning the regulation of the production and sale of shell eggs and egg products, the inspection of farms, shell eggs, and egg products, and to ensure shell eggs and egg products sold in Colorado are produced in compliance with the Act.

Factual Policy and Issues:

The Department identified multiple terms that were not defined in the Act. To provide clarity to the regulated community as to the meaning of terms used in these rules, the Department has included definitions in Part 1. After the hearing and public comment, the Department included an additional term to address the regulated community’s concern. The Department also added a provision to require any accredited certifying agent to disclose potential conflicts of interest in the shell egg or egg product industry.

The Act requires farm owners and operators document their compliance with the Act. Accordingly, the rules contain certification and recordkeeping requirements for farm owners or operators.

The Act requires business owners and operators who sell or transport for sale shell eggs or egg products in Colorado to retain a copy of the certificate of compliance issued by the commissioner. These rules contain recordkeeping requirements to ensure compliance under the Act.

The Act allows the commissioner to use a private inspection or process verification provider to ensure compliance with the Act. These rules contain requirements and procedures to accredit certifying agents to ensure compliance with the Act during both production and handling of shell eggs and egg products. 12.2. Adopted September 11, 2024 – Effective November 14, 2024 Statutory Authority:

The Commissioner of Agriculture adopts these rules pursuant to section 35-21-207(2) of the Colorado Revised Statutes.

Purpose:

The purposes of these amendments include: adding new definitions; modifying the section related to onfarm biosecurity procedures; updating portions of the certification provisions, including re-organizing previous language and requirements for ease-of-use and comprehension; adding an exemption for eggs produced in USDA Organic facilities; and updating for clarification the requirements for accredited certifying agents.

Factual Policy and Issues:

In reviewing the definitions section, the reviewers identified two key terms that had been used in the rule set without appropriate definition – “combination food” and “cage-free egg.” The reviewers added definitions for these terms to clarify their meaning and use in the body of the rule.

The reviewers re-phrased the provision of 3.4.1 related to biosecurity procedures to make the responsibility for reviewing and determining a best course of action that of the certifying agent, or the commissioner’s authorized representative, instead of the producer or producer’s employees. The reviewers made this amendment to prevent any unnecessary denials of entry at the time of a necessary inspection.

In Part 5, the reviewers re-organized and streamlined the text to remove redundant provisions, provide greater coherence to the part, and clarify requirements for ease-of-comprehension for the regulated community.

Because hens certified by USDA Organic and the National Organic Program meet all the qualifications for cage-free, as set forth in this act, the reviewers added an exception in Part 7 to those eggs and egg products, permitting them to be labeled “organic” in lieu of stamped with “CO-CM.” Additional changes in this part are the result of re-organizing the text for clarity.

The amendments to Part 8 reflect additional stream-lining, simplification, and clarification. _________________________________________________________________________ Editor’s Notes

History New rule eff. 09/30/2022.

Part 1, rule 3.4.1, Parts 5, 7, 8, rule 12.2 eff. 11/14/2024.

1203 Plant Industry Division

8 CCR 1203-1 Administration and Enforcement of the Pesticide Act {#sec-8-ccr-1203-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-1}

COLORADO DEPARTMENT OF AGRICULTURE

ADMINISTRATION AND ENFORCEMENT OF THE PESTICIDE ACT

8 CCR 1203-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definition and construction of terms. 1.1. As used in these Rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these Rules shall have the meaning set forth for such terms in the Act. 1.2. As used in these Rules, unless the context otherwise requires:

(a) “Act” means the Pesticide Act, Title 35, Article 9, C.R.S.

(b) “Applicant” means a person who applies for a registration or renewal of a registration under the Act.

(c) “Brand” or “Brand name” means the name, number or trademark, or designation applied to a pesticide of any particular description by the manufacturer, distributor, importer or vendor. Each pesticide differing in the ingredient statement, analysis, manufacturer or distributor, name, number or trademark shall be considered as a distinct and separate brand.

(d) “Certified applicator” means an individual who is certified or licensed to use or supervise the use of restricted use pesticides;

(e) “Distribute or sell” and other grammatical variations of the term such as “distributed or sold” and “distribution and sale” means the acts of distributing, advertising, offering for sale, holding for distribution, holding for sale, selling, bartering, or supplying in any fashion any pesticide product in this state.

(f) “Federal restricted use pesticide” means any pesticide classified for restricted use by the administrator of the Environmental Protection Agency under the FIFRA.

(g) “FIFRA”means the Federal Insecticide, Fungicide and Rodenticide Act including all amendments and rules and regulations.

(h) “Final printed labeling” means the label or labeling of the product when distributed or sold. Final printed labeling does not include the package of the product, unless the labeling is an integral part of the package.

(i) “Indoor pest control product” means a product used: 1) to prevent, destroy, repel, mitigate, or control pests within or around structural foundations and other parts of structures; and 2) for interior plant pest control.

(j) “Interior plant pest control” means pests found in or on house plants and other indoor ornamental plants kept or located within structures occupied by humans, including, but not limited to houses, apartments, offices, shopping malls, and other dwelling places, to control invertebrate pests that adversely affect such plants, including insects, mites, slugs, snails and nematodes; and to control plant diseases in such structures or sites.

(k) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

(l) “Labeling” means all labels and all other written, printed, or graphic matter:

(1) accompanying the pesticide or device at any time; or (2) to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the United States Department of Health and Human Services, State experiment stations, State agricultural colleges, and other similar Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

(m) “Liquid chemical sterilant product” means any liquid chemical sterilant product (including any product with sterilant or subordinate disinfectant claims) for use on a critical or semicritical device, as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321 (h) (incorporated by reference herein, later amendments not included). For purposes of this definition, the term “critical device” includes any device that is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body; the term “semi-critical device” includes any device that contacts intact mucous membranes but that does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.

(n) “Pesticide product” means a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold.

The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide. The term also includes any device whose labeling includes or should include an establishment number issued pursuant to 40 C.F.R. § 167.20 (2016) (incorporated by reference herein, later amendments not included) except for those devices exempted in Part 14. The term also includes the characteristic designation by words, symbols, name, number, or trademark of a specific, particular pesticide or formulation thereof, under which the pesticide is distributed or sold in the State of Colorado. For more than one pesticide product to be considered the same pesticide product, each pesticide product must exhibit the same:

(1) product name;

(2) registrant name;

(3) manufacturer name;

(4) EPA registration number (if the pesticide product is subject to registration by EPA pursuant to the FIFRA); and (5) labeling.

(o) “Registrant” means any person who has registered any pesticide with the state of Colorado.

(p) “State restricted use pesticide” means any pesticide which when used as directed or in accordance with the generally accepted practice, the Commissioner determines requires additional restrictions for that use to prevent unreasonable -adverse effects on the environment including, but not limited to people, lands, beneficial insects, animals, crops, and wildlife, other than pests.

(q) “Under the direct supervision” means the application of a pesticide by a competent person acting under the instructions and control of a certified applicator who is available when needed, even though said applicator is not physically present at the time and place the pesticide is applied.

Part 2. Status of products as pesticides.

A substance or mixture of substances will be considered to be a pesticide if: 2.1. The label or labeling of the product bears claims for use as a pesticide. 2.2. Claims or recommendations for use as a pesticide are made in collateral advertising such as publications, advertising literature which does not accompany the product, or advertisements by radio or television. 2.3. Claims or recommendations for use as a pesticide are made verbally or in writing by representatives of the manufacturer or distributor. 2.4. The product is intended for use both as a pesticide and other purposes. 2.5 The product contains one or more substances that are listed as active ingredients in any pesticide that has been registered by EPA as a pesticide under FIFRA and that have no significant commercially valuable use in the product as distributed or sold other than use for a pesticidal

purpose.

Part 3. The registration system. 3.1. Every pesticide product which is distributed in this state must be registered with the Commissioner.

(a) The Commissioner may exempt certain pesticides from registration in accordance with §35-9-106(2), C.R.S. (incorporated by reference herein, later amendments not included).

(b) The following pesticide products shall not be exempt from registration;

(1) minimum risk pesticides as described under 40 C.F.R.§ 152.25(f) (2016)

(incorporated by reference herein, later amendments not included);

(2) pesticides distributed under an experimental use permit, as described under 40 C.F.R. § 152.30(c)(1) (2016) (incorporated by reference herein, later amendments not included).

(3) pesticides distributed under an emergency exemption, as described in 40 C.F.R. § 152.30(e) (2016) (incorporated by reference herein, later amendments not included). 3.2. Each pesticide product shall be registered separately. 3.3. Repealed. 3.4. The annual application fee for registration or renewal of a registration shall be $205.00. 3.5. Repealed. 3.6. Any person is eligible to be a registrant. 3.7. Effect of registration: If a pesticide product is registered under the Act, no further registration under the Act is required unless the label or ingredient statement differ from the representations made in connection with registration. 3.8. The Commissioner will send all correspondence concerning the application and any subsequent registration information to the address provided by the applicant. It is the responsibility of the applicant and any registrant to ensure that the Commissioner has a current and accurate address. Any change of address submitted on the application form or renewal form shall result in a change of address for the registrant. Otherwise, any change of address must be in writing and specifically indicate an intention to change the official mailing address of the registrant. 3.9. Any change of address submitted to the Commissioner by a registrant will result in a change of address for all pesticide products registered by said registrant. 3.10. Applications and correspondence relating to registration should be submitted as specified by the Commissioner to:

Colorado Department of Agriculture Division of Plant Industry 305 Interlocken Parkway, Broomfield, CO 80021 3.11. At any time the Commissioner, under the authority of the Act, may require from the registrant, a description or descriptions of tests and the results thereof upon which labeling claims are made. 3.12. Effective date of registration. Registration of a pesticide product shall become effective on the date the application is approved and accepted by the Commissioner. A Certificate of Registration will be issued to the registrant for each pesticide product registered with the Commissioner. 3.13. Responsibility of a registrant. The registrant is responsible for the accuracy and completeness of all information submitted in connection with his application for registration of a pesticide product. 3.14. Changes in labeling or ingredient statement. Changes in the labeling or ingredient statement of a registered pesticide product shall be submitted prior to any sales using the changed label or ingredients in Colorado. The exact changes shall be described. 3.15. Claims must conform to registration. Claims made for a pesticide product must not differ in substance from representations made in connection with registration or revised labeling submissions, including representations with respect to effectiveness, ingredients, directions for use, or pests against which the product is recommended. Any claims which differ in substance from representations made in connection with registration shall be described. 3.16. Compliance with the FIFRA. The Commissioner shall refuse application for registration of any pesticide product that is not in compliance with the FIFRA. 3.17. Failure to provide the information required by Section 3.11, Section 3.18 and/or Section 3.19 within 60 days from the date the first Notice of Lack of Compliance is printed, shall be considered an incomplete application and no registration or renewal of a registration for the pesticide product shall be issued. 3.18. Each applicant for a registration shall submit a signed, complete, accurate, and legible application, including: the form provided by the Commissioner; the application fee set by the Commissioner; unless provided on the application form, a list of each inert ingredient and its percentage when requested by the Commissioner; and a final printed label and labeling as it appears on the pesticide product in the marketplace. 3.19. Registration expiration and renewal:

(a) All pesticide registrations shall expire on December 31 of each year.

(b) Each applicant for renewal of a registration shall submit, prior to expiration on December 31, a signed, complete, accurate, and legible application, including: the form provided by the Commissioner and the application fee set by the Commissioner. 3.20. Repealed. 3.21. Repealed. 3.22. Repealed. 3.23. Repealed. 3.24. Repealed.

Part 4. Label requirements. 4.1. All pesticides except those pesticide products determined to be exempt from registration pursuant to § 35-9-106(2), C.R.S. (incorporated by reference herein, later amendments not included), and

Part 3.1, that are distributed or registered in Colorado must have a label which conforms to this

Part 4. 4.2. These Rules incorporate by reference rules of the Environmental Protection Agency, United States of America 40 C.F.R. §156 (2016) (later amendments not included) concerning labeling requirements and the rules of the Environmental Protection Agency, United States of America 40 C.F.R. §152.25(f) (2016) (later amendments not included) concerning minimum risk pesticides.

(a) Labels and labeling for pesticide products must comply with all of the labeling requirements of 40 C.F.R. §156 (2016), as incorporated above, unless exempted from federal registration pursuant to 40 C.F.R. §152.25(f) (2016), as incorporated above.

(b) Labels and labeling for pesticide products exempted from federal registration pursuant to 40 C.F.R. §152.25(f) (2016), as incorporated above shall:

(1) comply with 40 C.F.R. §152.25(f)(3) (2016), as incorporated above; and (2) comply with all provisions of the act and these Rules except § 35-9-120(1)(g)(ii), C.R.S. (incorporated by reference herein, later amendments not included), and parts 6.1(i) and 6.1(j) of these Rules. 4.3. This Rule does not include later amendments to or editions of the incorporated material. 4.4. Repealed. 4.5. Repealed.

Part 5. Coloration and discoloration. 5.1. These Rules incorporate rules of the Environmental Protection Agency, United States of America 40 C.F.R.§ §153.140 through 153.155 (2016) (incorporated by reference herein, later amendments not included). 5.2. This Rule does not include later amendments to or editions of the incorporated material. 5.3. Repealed.

Part 6. Misbranding. 6.1. False and misleading statements. A pesticide or a device is misbranded if its labeling is false or misleading in any particular including both pesticidal and non-pesticidal claims. Examples of statements or representations in the labeling which constitute misbranding include:

(a) A false or misleading statement concerning the composition of the product;

(b) A false or misleading statement concerning the effectiveness of the product as a pesticide or device;

(c) A false or misleading statement about the value of the product for purposes other than as a pesticide or device;

(d) A false or misleading comparison with other pesticides or devices;

(e) Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any governmental agency;

(f) The name of a pesticide product (except devices) which contains two or more principal active ingredients if the name suggests one or more but not all such principal active ingredients even though the names of the other ingredients are stated elsewhere in the labeling;

(g) A true statement used in such a way as to give a false or misleading impression to the purchase;

(h) Label disclaimers which negate or detract from labeling statements required. An example of a disclaimer which would render a product misbranded is: “The information furnished herein is provided gratuitously by the manufacturer who assumes no responsibility whatsoever for the effectiveness or safety of this product regardless of whether or not it is used as directed.”;

(i) Claims as to the safety of the pesticide or pesticide product or its ingredients, including statements such as “safe:, “nonpoisonous”, “noninjurious”, “harmless”, or “nontoxic to humans and pets” with or without such a qualifying phrase as “when used as directed”; or (j) Non-numerical and/or comparative statements on the safety of the product, including but not limited to:

i) “Contains all natural ingredients”;

ii) “Among the least toxic chemicals known”;

iii) “Pollution approved”; 6.2. Justification of false and misleading statements not permitted. The use of any false or misleading statement on any part of the labeling, given as the statement or opinion of any person or based upon such statement or opinion shall not be justified nor may such statement be justified by the fact that the statement or opinion is actually that of such person.

Part 7. Refusal or cancellation of registration.

Any of the following causes is sufficient to justify refusal or cancellation of registration of a product: 7.1. If it is determined that the pesticide product will not perform its intended function; 7.2. If the labeling bears any statement, design, or graphic representation relative thereto, or to its ingredients, which is false or misleading in any particular; 7.3. If found to be an imitation of or illegally offered for sale under the name of another pesticide or pesticide product; 7.4. If the labeling accompanying the pesticide product does not contain directions for use which are necessary, and if complied with, adequate for the protection of the public under customary conditions of use; 7.5. If the label does not contain the required warning or precautionary statements; 7.6. If the label does not bear an ingredient statement as required; 7.7. If any word, statement, or other information required to appear on the label or labeling is omitted or not prominently placed thereon and in such terms as to render it likely to be read and understood under customary conditions of purchase and use; 7.8. If a pesticide product does not warrant the proposed claims for it, or if the pesticide or pesticide product and its labeling and other material required to be submitted, do not comply with the act or these Rules; 7.9. If it is determined that, when used in accordance with label directions or in accordance with commonly recognized standards of practice, the pesticide product will generally cause, or is likely to cause if the pesticide or pesticide product is registered, unreasonable adverse effects on the environment including, without limitation, groundwater, vegetation (except the target pest) to which it is applied, living man or other useful vertebrate animals, and the person applying such pesticide or pesticide product; or 7.10. If the registrant has been guilty of fraudulent and deceptive practices in the evasions or attempted evasions of the provisions of this act or any rules and regulations promulgated thereunder; provided, that no registration shall be revoked or refused until the registrant shall have been given an opportunity for a hearing by the Commissioner.

Part 8. Enforcement. 8.1. Collection of samples. Samples of pesticides and devices shall be collected by a designated agent. An official representative sample shall be one taken by the Commissioner or his designee.

An unbroken original package shall be taken as the official sample where the pesticide is packed in small bottles, or small packages. Where the pesticide is packed in large containers, the official sample shall be a portion taken from one original package in a lot.

Part 9. Experimental use products. 9.1. Any pesticide product shipped or delivered for experimental use must be registered and the following information must be submitted to the Commissioner. If a pesticide product shipped or delivered for experimental use is registered in Colorado, no further registration is required.

However, the following information must be submitted to the Commissioner.

(a) In addition to the information required for routine registration an application for registration shall include:

(1) the federal Experimental Use Permit number;

(2) a copy of the federal experimental use approval;

(3) a copy of the labeling;

(4) the Colorado contact for such use;

(5) if requested any information pertinent to the program being performed in Colorado. 9.2. A pesticide intended for experimental use shall not be offered or advertised for general sale.

Part 10. Distribution. 10.1. No person or business shall distribute any of the following:

(a) Any pesticide product which does not conform to its purported standard of quality.

(b) Any 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 product which is not labeled, or on which the label is illegible in any respect.

(d) Any 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.

(1) 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.

(2) No repair may be made to a broken bag if the damage measures more than 3 inches in any dimension.

(3) 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 product which is misbranded or adulterated.

(g) Any pesticide product which has not been registered in accordance with the provisions of the Act.

(h) Any pesticide product in a refillable container for which the pesticide residue removal procedure was not conducted in accordance with Part 15 of these Rules. 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 11. Dealer licensing. 11.1. The Dealer Licensing System.

(a) Any person who distributes any restricted use pesticide to any other person must possess a valid pesticide dealer license.

(b) Each separate business location, including branch offices, and each separate business name must have a separate pesticide dealer license.

(c) Each applicant for a pesticide dealer license shall make application to the Commissioner.

Said application shall be on a form furnished by the Commissioner and shall be accompanied by payment of an application fee of $50.00.

(d) 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 on a form furnished by the Commissioner and shall be accompanied by payment of a $50.00 renewal fee.

(e) Licenses expire on January 1st of each year and must be renewed on an annual basis.

(f) Applicants for renewal of a pesticide dealer license whose applications are received after the first working day of January but received on or before February 1st must pay a penalty fee of 10%.

(g) No pesticide dealer license can be renewed until the entire fee is paid.

(h) If the application for renewal is not received on or before February 1, of the year following the year of licensure, the license will not be renewed and the dealer must apply for a new license.

(i) Any dealer distributing restricted use pesticides after the expiration date of their license and prior to their renewal or new license application acceptance date will be in violation of § 35-9-120(1)(f), C.R.S. (incorporated by reference herein, later amendments not included), and subject to civil penalties authorized under § 35-9-124, C.R.S.

(incorporated by reference herein, later amendments not included). 11.2. Recordkeeping requirements for state and federal restricted use pesticides shall be as required by Section 13.3.

Part 12. Emergency exemptions.

The following general conditions are set in order to comply with provisions of exemptions which may be issued under Section 18 of the FIFRA (incorporated by reference herein, later amendments not included) for the use of pesticides in emergency situations. However, in addition, due to the highly unique and special nature of each exemption, each exemption shall have its own specific conditions. 12.1. Any Section 18 pesticide product must be registered in Colorado. If a Section 18 pesticide product is registered in Colorado, no further registration is required. 12.2. Definition and construction of terms. As used in this part, unless the context otherwise requires:

(a) “Authorization” means that document prepared by EPA and delivered to the Department by EPA stating the compound, the use and conditions for use under which approval for the Section 18 emergency exemption was granted.

(b) “Commercial applicator” means persons licensed by the state of Colorado as commercial applicators pursuant to §§ 35-10-101 to 128, C.R.S. (incorporated by reference herein, later amendments not included).

(c) “Permit” means a permit granted by the Department to persons for the sale or use of pesticides granted emergency exemption status under Section 18 of the FIFRA.

(d) “Section 18” means any exemption from registration under the authority of Section 18 of the FIFRA, and any rules or regulations thereto.

(e) “Section 18 pesticide” means any pesticide designated by the Commissioner for use in any Section 18 exemption. 12.3. Any pesticide compound determined to be a Section 18 pesticide shall maintain that status for the duration of the Section 18 authorization. 12.4. Permit Required.

(a) All persons wishing to sell, purchase, and/or use a Section 18 pesticide shall obtain a permit for such sale, purchase, and/or use from the Department of Agriculture prior to any such sale, purchase, and/or use. The Department may waive such requirement if such a permit is not included in the Section 18 authorization.

(b) In the event a permit is not required by a Section 18 authorization any and all individuals wishing to sell, purchase, and/or use a Section 18 pesticide shall be bound by all conditions and restrictions as set forth by the Commissioner, in the Section 18 authorization, and on the product label.

(c) Permits shall be requested by the submission of an application in the form prescribed by the Department.

(1) There shall be no charge for the issuance of a permit by the Department.

(2) Permits for the purchase and/or use of a Section 18 pesticide shall only be issued to persons licensed, registered, or certified by the Commissioner pursuant to §§ 35-10-101 through 128 C.R.S.

(3) Permits to sell a Section 18 pesticide shall only be issued to those persons who are dealers licensed pursuant to the Act.

(d) All permits shall be subject to the conditions specified and any and all conditions or restrictions which may appear on the approved product label or labeling.

(e) The permit shall authorize the sale or purchase and/or use of the pesticide product or products indicated in the Section 18 authorization. The sale or use of any other product containing the identical active ingredient(s) for control of the specified pest under the provisions of this permit is expressly prohibited.

(f) The Department may suspend or revoke any and all permits issued under these Rules in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act.

(g) Any permit issued under these Rules may be suspended immediately if there is sufficient evidence to show the Section 18 pesticide was sold or used in violation of the conditions of the permit and/or in a manner so as to present an unreasonable hazard to man, any other species, the environment or public or personal property.

(h) Each permittee shall be furnished with a copy of the actual EPA Section 18 authorization by the Department. 12.5. Conditions of the Permit. The following conditions shall be placed upon the sale, purchase, and use of a Section 18 pesticide under the permits issued.

(a) Each Section 18 pesticide shall be subject to all specific restrictions and conditions as may be stated by the Commissioner and in the Section 18 authorization from the EPA to the Department and all permittees must abide by these conditions.

(b) No applications shall be performed in any area until the Department has determined that area to meet the qualifications for treatment as specified by the Commissioner and in the

Section 18 authorization.

(c) No field or other site shall be treated unless it has been determined by the permittee or his representative that it fulfills each and all specific qualifications for treatment as specified by the Commissioner and in the Section 18 authorization.

(d) Under no circumstances shall applications be performed in any area to any site other than those specifically authorized by the Commissioner and in compliance with the

Section 18 authorization.

(e) The Colorado Department of Agriculture must be notified in writing by the permittee within twenty-four (24) hours of knowledge of any adverse effects on man, any other species, the environment or public or personal property which result from the application of a

Section 18 pesticide under any permit issued under the provisions of these Rules.

(f) All permittees shall keep records as required by the permit and must make such records available to the Department on request at any reasonable hour.

(g) All permittees shall submit such report(s) as required by the permit.

(h) All commercial applicators licensed pursuant to §§ 35-10-101 to 128, C.R.S.

(incorporated by reference herein, later amendments not included) who are issued a permit under the provisions of these Rules shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals, or feeding restrictions; and any other pertinent precautionary information as specified by the Commissioner, the Section 18 authorization to the Department, and the label. All such notification shall be in writing or be a copy of approved required labeling unless exempted by the Department and shall be in a timely manner or within such time period as may be specified by the Commissioner and in the

Section 18 authorization so as to permit the customer to adequately comply with all restrictions and prohibitions.

(i) Persons permitted to apply, or applying, as the case may be, a Section 18 pesticide under these Rules shall not be construed to be pesticide dealers provided they do not engage in the resale for use of any Section 18 pesticide.

(j) The sale of any Section 18 pesticide for the purpose for which the Section 18 authorization was granted to any individual who does not meet the qualifications established by the Commissioner and of the Section 18 authorization as required is strictly prohibited. Violation of this provision will be deemed a violation of the regulations and Act, and may result in further administrative actions against the dealer or permittee or immediate suspension of the dealer permit. 12.6. Responsibilities of All Users and/or Dealers.

(a) Nothing herein shall be construed as abrogating applicator responsibility under the FIFRA or the Colorado Pesticide Applicators' Act, or as abrogating dealer responsibility under the FIFRA or the Colorado Pesticide Act.

(b) If the permit required has been waived, then no application, use, or sale shall be contrary to the requirements of the Commissioner, the Section 18 authorization, or the product's label.

(c) Storage and disposal of a Section 18 pesticide shall be in accordance with all provisions of the Commissioner, of the Section 18 authorization, the product's label, and all state and federal hazardous waste laws.

(d) All applications and sales shall be in accordance with all provisions established by the Commissioner and of the Section 18 authorization.

(e) All commercial applicators shall take all necessary steps to notify their customers of the appropriate restricted entry, preharvest, crop rotation, root crop planting or other intervals; or feeding restrictions; and any other pertinent precautionary information as specified by the Commissioner, in the Section 18 authorization to the Department, and on the label. All such notification shall be in writing or by copy of approved required labeling unless exempted by the Department.

(f) Any supplemental label or labeling for the use of a Section 18 pesticide must accompany the sale for use of such product(s).

(g) The Department may suspend the authorized sale or use of a Section 18 pesticide in the event there is any reason to believe that the continued sale or use of the Section 18 pesticide by any or all persons presents an unreasonable hazard to man, any other species, the environment, or public or personal property. All administrative procedures and hearings shall be governed by the provisions of the Administrative Procedure Act.

Part 13. Restricted and Limited 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 (incorporated by reference herein, later amendments not included) (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. 13.4. Except as set forth in Part 13.5, any pesticide containing one or more of the following active ingredients is hereby declared to be a state limited-use pesticide that may be distributed only by licensed dealers.

(a) Acetamiprid (b) Clothianidin (c) Dinotefuran (d) Imidacloprid (e) Nitenpyram (f) Nithiazine (g) Thiacloprid (h) Thiamethoxam 13.5. Pesticide products containing any of the neonicotinoid active ingredients outlined in Part 13.4 that are labeled for the following uses are exempt from the limited-use designation and dealer licensure requirements to distribute these products.

(a) For use in research;

(b) Pet care product;

(c) Products used by licensed veterinarians licensed pursuant to Article 315, Title 12;

(d) Indoor pest control product;

(e) Personal care product used for controlling lice;

(f) Products used in structural insulation;

(g) Products used as a wood preservative or in the manufacturing of wood preservatives;

(h) Bait products, including but not limited to bait station traps and scatter bait;

(i) Insect strip. 13.6. Effective July 1, 2024, any person distributing a pesticide product containing the neonicotinoid active ingredients outlined in Part 13.4 and that are not exempt pursuant to Part 13.5, must obtain a pesticide dealer license.

Part 14. Devices exempt from registration requirements. 14.1. The following classes of devices are not subject to the Act.

(a) Devices designed to deliver into burrows and ignite a mixture of propane and oxygen or similar combinations of explosive gases to control burrowing rodent pests.

Part 15. Pesticide refiller residue removal requirements. 15.1. Records. Refillers must maintain, at the refilling establishment, the registrant’s written refilling residue removal procedure for each pesticide product distributed in refillable containers. These records must be maintained for the current operating year and for 3 years after that. 15.2. Refillers must clean each refillable container by conducting the pesticide product’s refilling residue removal procedure before repackaging the pesticide product into the refillable container, unless the conditions in paragraph (a) of this Section and either paragraph (b) or (c) of this

Section are satisfied:

(a) If required, each tamper-evident device and one-way valve is intact.

(b) The refillable container is being refilled with the same pesticide product.

(c) Both of the following conditions are satisfied.

(1) The container previously held a pesticide product with a single active ingredient and is being used to repackage a pesticide product with the same single active ingredient.

(2) There is no change that would cause the composition of the product being repackaged to differ from the composition described in its confidential statement of formula that is required under FIFRA section 3 (incorporated by reference herein, later amendments not included). Examples of unallowable changes include the active ingredient concentration increasing or decreasing beyond the limits established by the confidential statement of formula or a reaction or interaction between the pesticide product being repackaged and the residue remaining in the container. 15.3 Refillers must clean a refillable container that has a broken (non-intact) tamper-evident device or one-way valve as required in part 15.2 of this Section. Refillers must clean each refillable container that has a tamper-evident device or one-way valve that is not intact by conducting the pesticide product’s refilling residue removal procedure before repackaging the pesticide product into the refillable container. 15.4 This part 15 shall become effective August 16, 2011.

Part 16. – 18. Reserved

Part 19. Materials Incorporated By Reference 19.1 Certified copies of material incorporated by reference in these Rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Pesticide Section Chief, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the internet at: https://www.law.cornell.edu/uscode/text/7/chapter-6/subchapter-II FFDCA; https://www.law.cornell.edu/uscode/text/21/chapter-9 40 CFR; or https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40tab_02.tpl Please contact the Department for assistance if you have difficulty in accessing any of these websites.

Part 20. Statements of Basis, Specific Statutory Authority, and Purpose Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1968 through 1992 are no longer in the Departments files and are presumably in the state archives. 20.1 Adopted July 28, 1994 – Effective September 30, 1994 These rules are adopted by the Commissioner of the Department of Agriculture pursuant to his authority under §35-9-118, C.R.S. (1993 Suppl.)

The purpose of these rules is to implement the provisions of the Pesticide Act, Title 35, Article 9, C.R.S.

(1993 Suppl.).

These rules: establish procedures for registration of pesticides including experimental use products; establish requirements for pesticide labels; establish standards for coloration and discoloration of pesticides; establish what constitutes false and misleading statements; establish the reasons for refusal or cancellation of pesticide registration; establish the procedures for pesticide dealer licensing and record keeping requirements; establish the conditions for use of a Section 18 pesticide; and establish a list of pesticides whose use is restricted in the state.

Because of the revision of Article 9 of Title 35, and Article 10 of Title 35 (the Pesticide Applicators’ Act) the language of the rules associated with the Pesticide Act needed to be changed to conform with the statutes. The language in Parts 1 to 13 now reflects the terminology in the current statutes. The language was also changed to conform with current terminology in the code of federal regulations where necessary. Other than Part 3 the requirements set out in Parts 1 to 13 remain basically unchanged from the rules in place.

The format and organization of the rules was also simplified.

Factual issues encountered when developing these rules include:

1. How to describe the administrative procedures for registering a pesticide product system so an applicant can understand and comply with them.

2. An application for registration, including a label, is received in the office. The pesticide product to be registered is then identified using the language on the label which accompanies the application. Often this label is not identical to, and sometimes does not even resemble, the label which appears on the product found in the marketplace. Inspections for compliance with the statute occur in the marketplace using data generated from the applications received in the office.

Differences between the labels submitted for registration and the labels as they appear in the marketplace have caused numerous problems in enforcement complaints from registrants who believed their product to be registered.

3. It is not unusual for a registrant to submit several applications for product registration together with one check for payment of all applications.

4. It is not unusual to receive an application for registration of a pesticide product which is under Cease and Desist Order along with other applications for registration.

5. The state restricted use pesticide list has been in place since 1989. At that point in time the Cooperative Extension and/or the Department were receiving several complaints or reports each year concerning damage related to the use of the listed materials in landscape areas. Only one such case was reported last year.

6. Pesticides are regulated at the federal level under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Some rules pertaining to pesticides at the state level must be identical to those associated with FIFRA.

Policy issues encountered when developing these rules include:

1. To help resolve the dilemma addressed in factual issues concerning labels submitted with the application and those found on the container in the field. The rules now state the label to be submitted with the application for registration is to be the final printed label as it appears on the pesticide product in the field.

2. To resolve the dilemma of which application to process first when multiple applications for the same registrant are received at the same time it was determined the applications would be processed in the order in which the registrant submitted them, except as noted.

3. To be responsive to the needs of Colorado businessmen it was decided if multiple applications from the same registrant were received at the same time and any of those applications were for products which were under Cease and Desist Order, the applications for the products under Cease and Desist Order would be processed first, even if that was not the order in which they were submitted.

4. It appears the state restricted use list had the desired result. Consequently, the list will continue with a minor modification which removes a trade name of a product.

5. It was decided to incorporated by reference those regulations which are identical to the code of federal regulations instead of duplicating all of the language in these rules. 20.2 Adopted January 19, 1995 - Effective March 2, 1995

Statement of Basis and Purpose These rules are adopted by the Commissioner of the Department of Agriculture pursuant to his authority under §35-9-118, C.R.S. (1993 Suppl.)

The purpose of these rules is to implement the provisions of the Pesticide Act, Title 35, Article 9, C.R.S.

(1993 Suppl.).

These rules: establish procedures for registration of pest control devices; and comply with the recommendations of Legal Services concerning consistency in wording with the statute.

Factual issues encountered when developing these rules include:

1. How to describe the administrative procedures for registering a pest control device so an applicant can understand and comply with them.

2. Pest control devices are regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

3. Rule 8.2 relating to the examination of pesticides samples failed to meet the incorporation by reference standards of §24-4-103 (12.5) of the Administrative Procedure Act C.R.S.

4. The date in Rule 11.1 does not coincide with the date of the statute.

Policy issues encountered when developing these rules include:

1. The Department needed to determine which pest control devices would require registration in order to apply and enforce the provisions in an equitable and consistent manner. After discussions concerning the numerous types of devices and device technologies, it was decided the manner which best achieved this was to use requirements already set forth in 40 CFR 150- 189 and its associated interpretations and policies. Under these requirements producers of devices which work through the efforts of an individual, such as fly swatters or mouse traps, are exempted from registering their producing establishments; while producers of other devices must register their producing establishments. This requirement was used as the criteria for requiring registration with the Commissioner.

2. It was decided to use the same registration process already in place for pesticide products to administer the registration of devices with a few exceptions.

3. Methods used to analyze pesticides change constantly as new analytical instruments enter the marketplace, as new pesticides enter the marketplace, and as our own chemists modify methods to fit the instrumentation available to them. The statute does not require that the Department establish by rule the methods it will use to analyze pesticides. Consequently, it was decided to repeal the clause. 20.3 Adopted April 17, 1995 - Effective May 30, 1995 STATEMENT OF REASONS FOR ADOPTION OF EMERGENCY RULE This rule is adopted under the Pesticide Act pursuant to §35-9-118 (2), C.R.S. (1994 Supp.) and pertains to the administration and enforcement of the registration of pesticides under the Pesticide Act.

Parts 4.1 and 4.2 of the Rules and Regulations Associated with the Pesticide Act state:

“All pesticides sold or registered in Colorado must have a label which conforms to this Part 4.”

“These rules incorporate rules of the Environmental Protection Agency, United States of America 40 C.F.R. §156.10.”

The rules in 40 C.F.R. §156.10 require such things as net contents, warning or precautionary statements, physical or chemical hazards, storage and disposal directions, etc.

The Commissioner has received application for registration of a “plant-pesticide”. This plant-pesticide has been registered by EPA. In so doing EPA is not requiring the label contain many of the elements set forth in 40 C.F.R. §156.10.

In order to register the plant-pesticide for distribution and use in Colorado the requirements set forth in

part 4.2 must be modified to conform with current policy of EPA.

The immediate adoption of Parts 1.2 (j.5) and 4.5 is imperatively necessary and compliance with notice and hearing requirements of §24-4-103 of the Colorado Administrative Procedure Act would be contrary to the public interest. 20.4 Adopted December 6, 1999 – Effective January 30, 2000 STATUTORY AUTHORITY: C.R.S. 35-9-118 (2) and (3)

GENERAL DISCUSSION: To establish requirements for registration of pesticide products to reflect changes made in the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); to codify existing policy for registration of discontinued products; and to make miscellaneous technical amendments. 20.5 Adopted November 9, 2000 – Effective December 30, 2000 These permanent rules are adopted by the Commissioner of the Colorado Department of Agriculture (Commissioner) pursuant to his authority under the Pesticide Act (the “Act”) at §35-9-118 (2) and (3)

C.R.S. (2000).

The purpose of this amendment is to: increase the amount of the annual application fee for the registration or renewal of a pesticide product registration from $70.00 to $80.00.

The factual and policy issues encountered in the proposal of this amendment are as follows:

(1.) The Commissioner adopted a rule change effective January 1, 2000 that established the registration renewal fee for pesticide products designated as discontinued. This rule reduced the registration renewal fee for the pesticide products designated as discontinued from $70.00 to $21.00.

(2.) In Fiscal Year 2000, this fee reduction decreased the pesticide product registration program’s revenue by approximately $185,000.00.

(3.) Because of this loss of revenue, the pesticide product registration program expects that it will have personal services and operating expense deficits for Fiscal Year 2001.

(4.) The average pesticide product registration fee among the 50 states for calendar year 2000 is approximately $120.00.

(5.) The last pesticide product registration fee increase occurred in 1994 for the purpose of implementing the Agricultural Chemical Groundwater Protection Act. This fee change did not impact or produce any additional revenue for the pesticide product registration program.

(6.) The Department estimates that this proposed fee increase will be sufficient to meet the personal service and operating cost expenses of the pesticide product registration program for at least three years without additional fee increases. 20.6 Adopted August 29, 2002 – Effective October 30, 2002 These amendments to the permanent rules are adopted by the Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority under the Pesticide Act (the “Act” ) at section 35-9-118 (2) and (3) C.R.S.

The purpose of these amendments is to:

1. Increase the amount of the annual pesticide fee for registration or renewal of a pesticide product registration from $80.00 to $95.00.

2. Eliminate “Discontinued” product registration. With this type of registration, the registrant affirms that they are no longer producing the particular pesticide product, and then pays a reduced fee of $21 for up to four years. After four years, the product registration is automatically cancelled.

3. Revise the rules to conform with the decision of Judge Babcock of The United States District Court for the District of Colorado in Bioganic Safety Brands, Inc., v. Don Ament, Colorado Commissioner of Colorado, Civil Action No. 01-B-1808.

The factual and policy issues encountered in proposing these amendments are as follows:

1. Rule changes affecting registration fees:

a) The pesticide registration and dealer licensing activities of the Colorado Department of Agriculture are funded solely by the fees collected for pesticide registrations and dealer licenses. These funds are credited to the pesticide fund. Annual appropriations are made from this fund to carry out the purposes of the Act. Of the funds collected, 97% are from pesticide registration fees, and 3% from dealer license fees.

b) The current pesticide or pesticide device registration fee is $80. Of this $80, $20 goes to the groundwater fund, and $60 goes to the pesticide fund.

2. Rule changes affecting “discontinued” pesticide registrations.

a) About 30% of registered products are in “discontinued” registration. These products pay a registration fee of $21. Of this $21, $20 goes to the groundwater fund, and only $1 goes to the pesticide fund.

b) Maintaining and processing discontinued product registrations increases administrative efforts and costs. The $1 fee for these products does not support the administrative costs involved.

c) There have been numerous cases of registrants requesting to change products back from “discontinued” to a normal active registration status. This was not anticipated to be a reversible process.

d) There are some cases of products with cancelled federal registrations being renewed as “discontinued” in Colorado, even though sales are now illegal under federal law.

e) The large number of registered products that are in “discontinued” status has contributed to the current financial shortfall in the pesticide registration program.

f) Pesticides are registered on a calendar year basis, with most revenue received during the December-January registration renewal period. The Colorado fiscal year is on a July- June period. At the beginning of the 2003 fiscal year (July, 2002) the fund balance (including reserve fund balance) will be insufficient to pay expenses for the following months. By October of 2002, the projected fund deficit is about $150,000.

g) With the proposed changes to the fee structure, the pesticide fund should be returned to a sound financial footing by the end of FY04, with funds sufficient to operate the program until the renewal period and a reserve reestablished for future emergencies or economic changes.

h) Further registration fee increases for the portion allocated to the pesticide fund are not anticipated for the next five years.

3. Rule changes to conform with the decision of Judge Babcock of United States District Court for the District of Colorado in Bioganic Safety Brands, Inc., v. Don Ament, Colorado Commissioner of Colorado, Civil Action No. 01-B-1808.

a) Section 35-9-120(1)(g)(II), C.R.S. states: “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”.

b) The Pesticide Act Rules include the following as prohibited false and misleading statements on pesticide labels:

“(i) Claims as to the safety of the pesticide or pesticide product or its ingredients, including statements such as “safe:, “nonpoisonous”, “noninjurious”, “harmless”, or “nontoxic to humans and pets” with or without such a qualifying phrase as “when used as directed”; or (ii) Non-numerical and/or comparative statements on the safety of the product, including but not limited to:

i) “Contains all natural ingredients”

ii) “Among the least toxic chemicals known”

iii) “Pollution approved”;”

c) In the court decision referenced above, Judge Babcock ruled that the sections of the Act and Rules prohibiting safety claims on labeling of pesticides exempted from federal

regulation as minimum risk pesticides (section 25(b) of FIFRA) are preempted by FIFRA.

This Pesticide Act prohibition with regards to Bioganic Shoobug insect repellant was declared a violation of both the First Amendment (free speech) and the Commerce clause of the U.S. Constitution.

d) The Commissioner did not appeal this ruling.

e) The proposed amendments conform to the order issued in this case. 20.7 Adopted October 19, 2006 – Effective January 1, 2007.

These amendments to the permanent rules are adopted by the Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority under the Pesticide Act (the “Act” ) at §§ 35-9-118 (2) and (3), C.R.S.

The purpose of these amendments is to:

1. Change references to licensed applicators to recognize that CDA will be licensing private pesticide applicators as of January 1, 2007.

2. Modify pesticide dealer licensing requirements to include record-keeping requirements for federal restricted use pesticides.

The factual and policy issues encountered in proposing these amendments are as follows:

1. House Bill 1274 amended the Pesticide Applicator Act (Title 25, Article 10) to authorize the CDA to begin issuing licenses to private pesticide applicators on and after January 1, 2007 and to require that any person acting as a private applicator using or supervising the use of restricted use pesticides be licensed as a private applicator by the Commissioner.

2. Historically private pesticide applicators making pesticide applications in Colorado have been licensed by the Environmental Protection Agency (“EPA”), specifically EPA region 8, Denver, Colorado. Once CDA assumes responsibility for licensing private applicators, EPA will cease issuing such licenses. We anticipate that this transfer of authority will take place on January 1, 2007.

3. Part 13 of the current rules for the Pesticide Act allows for the permitting of each user of a section 18 pesticide, and requires that each permittee be either licensed by the Commissioner or licensed with EPA region 8, Denver, Colorado as a private applicator.

4. The current rules of the Pesticide Act only require recordkeeping on the part of licensed dealers for state restricted use pesticides, not federal restricted use pesticides.

5. EPA currently imposes record-keeping requirements on Colorado pesticide dealers of federal restricted use pesticides, under the authority of FIFRA §11(a)(1) and CFR 171.11(g). However, this federal authority only exists in any state in which the EPA conducts a certification program.

Once CDA takes over the private applicator certification program from EPA region 8, federal

authority to require Colorado pesticide dealers to keep records concerning federal restricted use pesticides will cease. 20.9 Adopted January 4, 2007 – Effective March 4, 2007.

STATUTORY AUTHORITY:

These amendments to the Rules are adopted by the Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority under the Pesticide Act (“Act” ),§ 35-9-110 (2), C.R.S.

PURPOSE:

The purpose of these amendments is to exempt a certain class of devices from the registration requirements of the Act.

FACTUAL AND POLICY ISSUES:

The factual and policy issues encountered in proposing these amendments are as follows:

1. The Act requires certain devices to be registered, and authorizes the Commissioner to designate which classes of devices are subject to this requirement.

2. Colorado producers are suffering an economic loss due to an increase in burrowing animals in and around agronomic fields and in rangeland areas. Black-tailed prairie dogs have been increasing in recent years across eastern Colorado. Although exact figures are not available from most agronomic production areas, the Comanche and Pawnee National Grasslands have documented increasing number of prairie dog colonies, with a 79% increase in active colonies in 2004 and a 30% increase in 2005. The overall hectares affected has more than doubled between 2003 and 2005 (from 2680 ha to 6323 ha).

3. The Commissioner has determined that destructive rodents pests, particularly prairie dogs, pose a significant threat to agricultural production in this State, and that additional control methods, including the devices that are the subject of this rulemaking, are needed to protect the public welfare.

4. The devices proposed for exemption from registration, which inject a mixture of propane and oxygen into the burrow and then ignite it, are currently available and widely used in adjacent states. Until recently, however, the use of these devices in Colorado was considered a prohibited method of take by the Colorado Division of Wildlife (“DOW”). On November 1, 2006, a new DOW

regulation took effect allowing the use of such devices. DOW decided to allow the use of these devices in response to the urgent need of agricultural producers to have better control methods for burrowing animals.

5. Because DOW has regulatory authority over use of such devices, the regulation of the distribution of these particular devices under the Act is duplicative and unnecessary. Due to the length of time that registration of a new device under the Act typically requires, the Commissioner adopted emergency amendments to the Rules, effective November 13, 2006, exempting this class of devices from registration to permit the timely use of these devices to control prairie dogs. These permanent amendments to the rules continue this exemption. 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

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

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 13.3to require pesticide dealers to maintain records of any distribution of an RUP to a licensed applicator through an authorized agent. 20.11 Adopted July 16, 2009 – Effective August 30, 2009.

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- 107(2), and 35-9-118(3)(a) and (b) C.R.S.

The purpose of this proposed rule amendment is to amend Rule 3.4 to increase the annual pesticide registration fee from $95 to $165.

1. Under 35-9-118(3)(a) the Commissioner has the authority to promulgate Rules to determine the annual registration fee for each pesticide registered in the state of Colorado.

2. On January 1, 2007, the CDA obtained primacy over all private applicators.

3. CDA’s budget projections for the private applicator program took into account the initiation of the program prior to any revenue generation, projected expenses to administer the program and projected revenue from private applicator licensing over a 4 year period. Budget projections showed an annual revenue shortfall of $250,000. To account for this shortfall CDA combined all pesticide cash funds and subsidized the private applicator expenses through a surplus in the pesticide registration fund. This was done to maintain private applicator examination and licensure fees at less than $100.

4. The pesticide applicator program, which licenses commercial applicators, has not raised its fees to cover rising costs since 1994, when business licensure fees were increased to $350, and 2003, when examination licensure fees were increased to $100. Expenses in the pesticide applicator program have outpaced revenues in 2007 and 2008 by an average of $80,000. These shortfalls have been covered by the pesticide registration fund and EPA grant funds.

5. In 2007 the pesticide registration fund balance was $670,517. In FY 07 and FY 08 the private applicator program and the commercial pesticide applicator program operated at an average loss of $251,000. In FY 2009 the pesticide program is projected to be at a $250,000+ loss, depleting the remaining pesticide registration funds at the end of FY 2009.

6. In 2009 and 2010 the administration of the private applicator exam and the commercial applicator exam will be shared between a private company, Metro Institute, Colorado State University and CDA. This is being done to allow private applicators to take their examination on-line and allow proctored computer based examinations with CSU and CDA. This will provide an easier, more accessible and improved testing environment for the applicator community; however, it will increase CDA’s program expenses to maintain the examination software and hardware and result in a loss in revenue with each examination administered by Metro Institutes or CSU.

7. The current registration fee is set in the Pesticide Act Rules, Part 3.4, which is currently $95. The CDA registers an average of 11,000 pesticide products per year.

8. The CDA is proposing a fee increase of $70, making the new registration fee $165. The fee increase will generate, based on average registration renewals, an additional $770,000 in revenue. This will cover all projected expenses, allow the CDA to resolve the deficit created in FY 2010, rebuild its fund balance, cover increases in expenditures and allow program growth in future years without having to increase pesticide applicator licensure fees.

9. Under 35-10-118(3)(a) any fee collected under the pesticide registration program shall have an increment approved by the Agricultural Commission to fund the Groundwater Protection Program.

Currently the Groundwater increment is set at $30. In conjunction with this rulemaking, CDA plans to ask the Agricultural Commission to approve an increase in the increment from $30 to $40 dollars. This will bring an additional $110,000 to the Groundwater Program to cover increased program expenses and allow for growth in future years.

10. Twenty-one states have pesticide registration fees that exceed $165 per product, the highest being $750 per product; ranking Colorado twenty-second in comparison to the nation. 20.12 Adopted October 21, 2010 – Effective November 30, 2010.

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 (“Act”), specifically §§ 35-9-118(2)(f), (g), (h) and (i), C.R.S.; § 35-9-117, C. R.S.; and § 35-9-117.5, C.R.S.

1. Create new Parts 3.1(a) & (b), The Registration System, to conform with new statutory provisions in regards to exempting pesticides consistent with the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”).

2. Repeal duplicative provision in Part 3.5.

3. Parts 3.10, 3.11, 3.12, 3.15, 3.18 and 3.19 are amended to update registration requirements, clearly reflect current business procedures and set registration expiration and renewal dates in

Rule.

4. Repeal outdated business procedures, Parts 3.20 through 3.24.

5. Amend Parts 4.1 and 4.2 to reflect new statutory provision that allows CDA to exempt certain pesticides and update references to 40 C.F.R.

6. Create a new Part 11.1(i) to clearly state it is a violation for a dealer to sell an RUP after the expiration date and prior to the renewal of its dealer license.

7. Create a new Part 15. Part 15.1 creates recordkeeping requirements for pesticide refillers. Part 15.2 creates cleaning guidelines for refillable containers. Part 15.3 creates cleaning requirements when tamper-evident devices or one-way valves are not intact. Create a new Part 10.1(h) to prohibit distribution of a pesticide product in a container that has not had the residue removal procedure performed.

8. Update application submission language, address information, references to 40 C.F.R. and references to pesticide products through the rules.

1. S.B. 10-034 changed the Act to permit the Commissioner to exempt certain pesticides from registration consistent with FIFRA. Part 3.1(a) reiterates the statutory provision that CDA may exempt products in accordance with FIFRA. Part 3.1(b) specifies certain products that are not exempt from registration in Colorado. CDA will exempt certain pesticides from registration through policy.

2. Part 3.5 is being repealed consistent with the recent repeal of the provisions in the pesticide act that specified collection of a penalty fee from registrants upon registration of a product that had previously been found unregistered in the marketplace.

3. Parts 3.10, 3.11, 3.12, 3.15, 3.18 and 3.19 are amended to update outdated language in the registration requirements, to clearly reflect current business procedures and set registration expiration and renewal dates in Rule as allowed now by S.B. 10-034. The ability to change renewal dates in Rule will allow CDA to stagger registration renewal dates and spread the work load of processing 11,000+ registration renewals if CDA chooses to in the future.

4. Parts 3.20 through 3.24 are business procedures that were placed in Rule in 1996 due to a back log of registration requests and complaints from industry. CDA has since modified procedures and registration processes to avoid backlogs. Repeal of these provisions will allow these processes to be more efficiently addressed through CDA’s business procedures and policies.

5. All pesticides registered in Colorado must have labeling that conforms to provisions outlined under 40 C.F.R. § Part 156, which describes what elements must be on a pesticide label such as ingredient statements, net weight, EPA registration number, etc. The existing language in Part 4.1 requires all pesticides to meet these labeling requirements except liquid chemical sterilants. The amendment to Part 4.1 now addresses the additional authority provided as a result of S.B. 10-034 to exempt certain pesticides from registration by clarifying that those pesticides are exempt from the labeling requirements in Part 4.2. Part 4.2 was amended to update references to 40 C.F.R. that detail labeling requirements for pesticides required to registered in Colorado pursuant to Part 3.1 or the Pesticide Act.

6. Pesticide dealer licenses expire on December 31 of each year. CDA has found during records inspections that the some dealers continue to sell RUPs during the time period that their license was expired and prior to their renewal or a new application being submitted. The creation of a new Part 11.1(i) will clearly state that it is a violation, subject to civil penalties, for a dealer to sell an RUP after the expiration date and prior to the renewal or new application for a dealer license.

7. Section 19(f), Residue Removal Requirements, of FIFRA requires that states must have the

authority to ensure pesticide refillers comply with the residue removal requirements. CDA historically has only had the authority to regulate registered pesticides from the distribution point forward and had no authority to regulate producer establishment or refiller establishment activities. S.B. 10-034 amended the Pesticide Act to provide CDA the authority to regulate producer establishments for the purpose of enforcing and ensuring compliance with the federal pesticide residue removal requirements. A new Part 15 was created to conform to the statutory provisions that require pesticide refillers to maintain records and clean refillable containers prior to distribution.

A new Part 10.1(h) was created to prohibit distribution of a pesticide product in a container that has not had the residue removal procedure performed. Part 10.1(h) will make it a violation to distribute a product if the pesticide residue removal procedures have not been conducted in accordance with Part 15 of the Rule.

8. Throughout the Pesticide Act CDA is updating application submission language, such as applications must be “postmarked”, to remove impediments for future electronic submissions; updates to CDA’s address, references to 40 C.F.R. and references to pesticide products to ensure the Pesticide Act clearly reflects CDA’s current business practices and maintains consistent language throughout the Act. 20.13 Adopted November 10, 2015 – Effective December 30, 2015.

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 (“Act”), specifically § 35-9-118(2), C.R.S The purpose of these proposed Rules is to update language to reflect the Department’s current physical address and websites for materials incorporated by reference. Specifically:

1. Update Part 3 and Part 19 with the Department’s current address.

2. Update Part 19 with current website links.

3. Correct formatting and grammatical errors.

4. These amendments incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

5. Rule 12.4 is being updated to reflect the changes that resulted in the Department taking over the certification and regulation of Private Pesticide applicators in 2007 and who are no longer certified through the EPA.

The factual and policy issues encountered when developing these Rules include:

1. In May of 2014 the Colorado Department of Agriculture moved from 700 Kipling St, Denver, CO to 305 Interlocken Parkway, Broomfield, CO. Part 3 of the Rule outlines registration requirements and references the Department’s address for submission. Part 19 outlines where certified copies of materials incorporated by reference may be obtained, which references the Department’s address as well. The proposed amendments update the Department’s address in each of these Parts.

2. Part 19 provides website address where materials incorporated by reference may be obtained at no cost. The proposed amendments update these web addresses. 20.14 Adopted November 9. 2016- Effective December 30, 2016 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 (“Act”), specifically § 35-9-118(2)(f), C.R.S 1. Amend Part 2 of the Rule to further clarify when substances or mixture of substances will be considered to be a pesticide subject to regulation under the Act.

3. Part 2 of the current Rule lists several factors the Department considers in determining if a substance or mixture of substances is a pesticide that is subject to regulation under the Act, including: (1) if a product bears pesticidal claims; (2) if collateral advertising makes pesticidal claims or recommendations; (3) if pesticidal claims are made verbally or in writing by the manufacturer or distributor and; (4) if the product is intended for use as a pesticide or other

purpose.

2. Part 2 does not address products that contain pesticides where the manufacturer or distributor has made no pesticidal claims or statement of intended use. This amendment clarifies that the physical presence of a pesticide in a product, for which there is no significant commercially valuable non-pesticidal purpose when the product is used as intended (e.g., applied to the leaves of a plant), is sufficient to establish that the product is a pesticide subject to regulation under the Act – regardless of the lack of any pesticidal claims, advertising or statements or intent by the distributor.

3. Recently, it came to the Department’s attention that a product was being sold and distributed in Colorado. This product was sold as a leaf polish and made absolutely no pesticidal claims. The product was tested and found to contain the pesticide active ingredient pyrethrin. The Department has subsequently identified other products sold for use on plants that contain other pesticides not disclosed on the label or mentioned in any of the distributor’s product advertising.

4. This amendment makes clear that any such product is considered a pesticide under the Act and thus must be registered under the Act in order to be legally distributed in this state. Products containing pesticidal substances that are not registered are subject to stop sale orders and /or civil penalties.

5. This amendment to the Rules implementing Colorado’s Pesticide Act compliments the federal regulations implementing the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), 40 C.F.R. §152.15, which similarly requires registration under FIFRA of products containing active ingredients that have no non-pesticidal use, regardless of the absence of pesticidal claims. 20.15. Adopted September 20, 2017 - Effective November 30, 2017 The 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 (“Act”), specifically § 35-9-118(2)(f) and (h), C.R.S.

The purpose of the proposed Rules is to:

Amend Parts 1, 3, 4, and 5 of the Rule to cite the most current version of Title 40 of the Code of Federal Regulations (“C.F.R.”).

The factual and policy issues encountered when developing these Rules include:

1. On February 26, 2016, the Environmental Protection Agency revised 40 C.F.R Part 152 to more clearly describe the active and inert ingredients that are permitted in products eligible for the minimum risk pesticide exemption.

2. 40 C.F.R. is incorporated by reference in the Act at Part 1, Definitions and Construction of Terms;

Part 3, The Registration System; Part 4, Label Requirements; and Part 5, Coloration and Discoloration. The last 40 C.F.R. date referenced in the Act is 2009.

3. Updating the C.F.R. date reference to 2016 ensures that CDA’s administration of the Act is consistent with current Federal law concerning minimum risk pesticide exemptions. 20.16. Adopted September 17, 2019 – Effective October 30, 2019 These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the authority under the Pesticide Act (“Act”), specifically §§ 35-9-107(2) and 35-9-118(3)(a), C.R.S The purpose of these proposed amendments is to:

Amend Part 3 of the Rules Pertaining to the Administration and Enforcement of the Pesticide Act (the “Rule”) to increase Pesticide Registration fees by $40 to increase funding for the Department’s state waters protection efforts as expanded by Senate Bill 19-186.

1. Pursuant to section 35-9-118(3)(a), C.R.S., any fee collected under the pesticide registration program shall have an increment approved by the Agricultural Commission to fund the Groundwater Protection Program. Currently, the Groundwater increment is set at $40.

2. During the 2019 legislative session, the Colorado General Assembly introduced SB 19-186, effective August 2, 2019. SB 19-186 modified section 35-9-118(3)(a), changing “groundwater protection efforts” to “state waters protection efforts.” This change expanded the scope and cost of implementing the program.

3. The current pesticide registration fee is set forth in the Pesticide Act, Part 3.4, and is $165. The Department of Agriculture registers an average of 14,000 pesticide products per year.

4. The Department of Agriculture proposes a fee increase of $40 per pesticide product registered in Colorado, increasing the registration fee to $205. The fee increase will generate, based on average registration renewals, an estimated $560,000 to the state waters program to cover increased program expenses.

5. SB 19-186 appropriated $239,592 for the 2019-20 fiscal year to assist with the implementation of the state water sampling program. Subsequent to the first year of implementation, the estimated annual budget to operate the full state waters program will be $623,605. The remaining expenditures, not covered by the pesticide registration funding increase, will be realized by fertilizer tonnage fee revenues, as set forth in SB 19-186.

6. The Department discussed the proposed $40 increase to pesticide registration fees with the Pesticide Advisory Committee on April 22, 2019, at a regularly scheduled committee meeting in accordance with section 35-9-118(3)(a), C.R.S.

7. In 2017 the Virginia Department of Agriculture conducted a national survey on state pesticide registration fees. Thirty-six states responded; of those twelve states have pesticide registration fees that exceed $205 per product, the highest registration fee being set at $1,150 per product.

Colorado’s proposed fee is thirteenth in comparison to those states responding. 20.17. Adopted November 8, 2023 – Effective December 30, 2023 These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to her authority under the Pesticide Act ("Act"), specifically §§ 35-9-118(1), (2)(c)(I), and (7)(a) and (b), C.R.S.

The purpose of these proposed amendments is to:

1. Amend Part 1.2 to include new definitions for the terms “indoor pest control product” and “interior plant pest control.”

2. Create a new Part 13.4 designating any pesticide containing one or more listed neonicotinoid active ingredients to be a state limited-use pesticide in the State of Colorado that may only be distributed by licensed dealers.

3. Create a new Part 13.5 exempting certain pesticide products containing those neonicotinoid active ingredients from designation as a state limited-use pesticide based upon specific use patterns identified on the pesticide product label.

4. Create a new Part 13.6 requiring that pesticide products containing the listed neonicotinoid active ingredients in Part 13.4 that are not otherwise exempt pursuant to Part 13.5 may only be distributed by licensed pesticide dealers starting July 1, 2024.

5. Amend the Rules to correct non-substantive numbering, formatting, and typographical errors.

6. On May 17, 2023, SB23-266 was signed into law.

7. SB23-266 required that the Department designate certain neonicotinoid pesticides as limited-use pesticides by January 1, 2024. A new Part 13.4 designates any pesticide containing one or more of eight listed neonicotinoid active ingredients to be a state limited-use pesticide that may only be distributed by a licensed dealer.

8. SB23-266 also exempted certain pesticide products containing the identified neonicotinoid active ingredients from designation as a state limited-use pesticide if those pesticide products are used for academic research or if the pesticide product’s label includes one or more specific use patterns. A new Part 13.5 exempts pesticide products containing the listed neonicotinoid active ingredients from classification as a limited-use pesticide if the product label includes one or more of the listed use patterns.

9. One of the exempted use patterns in Part 13.5 is if the neonicotinoid pesticide product label permits use as an “indoor pest control product.” Because that term was not defined in SB23-266, the Department added a definition of “indoor pest control product” at Part 1.02(i), as well as an associated definition for “interior plant pest control” at Part 1.02(j).

10. SB23-266 requires licensure as a pesticide dealer to sell certain neonicotinoid pesticides. A new

Part 13.6 requires licensure as a pesticide dealer to distribute pesticide products containing any of the neonicotinoid active ingredients in Part 13.4, except for those pesticide products exempted under Part 13.5, effective July 1, 2024. ________________________________________________________________________ Editor’s Notes

History Parts 10, 13, 20.10 eff. 9/30/2008.

Parts 3.4, 20.11 eff. 08/30/2009.

Parts 1, 2, 3, 4, 5, 7, 10, 11, 12, 13, 15, 19, 20.12 eff. 11/30/2010.

Entire rule eff. 12/30/2015.

Parts 2, 20.14 eff. 12/30/2016.

Parts 1, 3, 4, 5, 20.15 eff. 11/30/2017.

Rules 3.4, 20.16 eff. 10/30/2019.

Rules 1.2, 13.4-13.6, 20.17 eff. 12/30/2023.

8 CCR 1203-2 Rules and Regulations Pertaining to the Administration and Enforcement of the Pesticide Applicators' Act {#sec-8-ccr-1203-2 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-2}

DEPARTMENT OF AGRICULTURE

RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF

THE PESTICIDE APPLICATORS’ ACT

8 CCR 1203-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Construction of Terms, Definitions and Incorporations by Reference. 1.01. As used in these Rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these Rules shall have the meaning set forth for such terms in the Act. 1.02. As used in these Rules, unless the context otherwise requires:

(a) “abut” means to join; to be contiguous, as where no other land, road, or street intervenes;

“abut” includes two property sites that would otherwise be considered abutting, but for the fact that such sites are separated by an alley. As used herein, "alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic. As used herein, “vehicle” shall have the meaning set forth at § 42-1-102(112), C.R.S.

(b) “category” shall include any sub-category thereof.

(c) “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.

(d) “dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by a tenant.

(e) “engaged in the business of applying pesticides for hire” means: the evaluation of pest problems; the recommendation of pest controls and evaluation of results; the mixing, loading or application of pesticides; and/or the soliciting, advertising, offering or contracting to do any of the above, in return for money or anything of value, including goods or services. Notwithstanding anything to the contrary in the foregoing, the rendering of consultation services by an individual in evaluating pest problems, recommending pest controls and/or evaluating results, shall not be deemed to constitute the application of pesticides for hire, if said individual is not affiliated with, or soliciting business for, any person or business entity which performs the mixing, loading or application of pesticides.

(f) “in the possession of” means in the physical possession of the applicator or in a location at the site of the application, such as a service vehicle, that is readily accessible to the (g) “fumigant” means any substance which by itself or in combination with other substances emits or liberates a gas or gases, fumes or vapors, and which gas or gases, fumes or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life.

(h) “landlord” means the owner, manager, lessor, or sublessor of a residential premises.

(i) “pasture” means land which is managed primarily for the production of forage for domestic livestock. Pasture typically receives intensive renovation and/or cultural treatments, such as tillage, fertilization, mowing, irrigation and weed control.

(j) “proof of medical justification” means a statement signed by a physician licensed to practice medicine in Colorado pursuant to Article 240 of Title 12, C.R.S. which states I certify that the individual named above is a patient of mine and should be placed on the list of pesticide sensitive individuals. This individual has a documented sensitivity to certain pesticides and should not be exposed to them because of the reason(s) described below:

(k) “property damage” includes, but is not limited to, injury to domestic animals, livestock and economically important insects.

(l) “ready to use pesticide” means, any pesticide that requires no mixing or loading of a pesticide into a service container or other application device; such as but not limited to: aerosols and pre-mixed formulations in the original container.

(m) “structure” means any building, regardless of its design or the type of material used in its construction, whether public or private, vacant or occupied, the foundation thereof, and the adjacent outside areas, and shall also include but shall not be limited to warehouses, trucks, boxcars, boats, airplanes, other vehicles, or the contents thereof, and fumigation vaults.

(n) “tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

(o) “use” has the same meaning set forth in § 35-10-103(18), C.R.S.

(p) “to use any pesticide in a manner inconsistent with labeling directions or requirements” includes, but is not limited to, for termiticides only, the use of a termiticide at any concentration less than that stated on the labeling.

(q) “agricultural commodity” means any plant, or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals.

(r) “device” means any device for which licensure as a commercial applicator is required pursuant to § 35-10-118(9.5). C.R.S. For purposes of these Rules, use of a pesticide includes the use of any such device by a commercial applicator. 1.03. Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference in these Rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Pesticide Section Chief, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: 14 C.F.R. Part 137 (2025): https://www.ecfr.gov/cgi-bin/textidx?SID=78202a2b282637d0353bef1963d3eb97&mc=true&node=pt14.3.137&rgn=div5 14 C.F.R. Part 107 (2025): https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107 7 C.F.R. Part 110 (2017): https://www.ecfr.gov/cgi-bin/textidx?SID=341d0f40e8a82f23d37560d37f1d3795&mc=true&node=pt7.3.110&rgn=div5 40 C.F.R. § 156.10(h) (2017): https://www.ecfr.gov/cgi-bin/textidx?SID=0bf63629a0295f907ad146fa19191798&mc=true&node=se40.26.156_110&rgn=div8 29 C.F.R. § 1910.1200 (2017): https://www.ecfr.gov/cgi-bin/textidx?SID=86491cb903d67e9bba95d83941202d06&mc=true&node=se29.6.1910_11200&rgn=div8 40 C.F.R. PART 172 (2017): HTTPS://WWW.ECFR.GOV/CGI- BIN/TEXTIDX?SID=6AC65677C44BBA253A0D63B16ED45E72&MC=TRUE&NODE=PT40.26.17 2&RGN=DIV5 40 C.F.R. PART 180 (2017: HTTPS://WWW.ECFR.GOV/CGI- BIN/TEXTIDX?SID=0EEE3CBC0A72651B5B0BF97FD64ABD54&MC=TRUE&NODE=PT40.26.1 80&RGN=DIV5 40 C.F.R. § 152.25 (2017): HTTPS://WWW.ECFR.GOV/CGI- BIN/TEXTIDX?SID=0EEE3CBC0A72651B5B0BF97FD64ABD54&MC=TRUE&NODE=PT40.26.1 52&RGN=DIV5 #SE40.26.152_125 40 C.F.R. §§ 171.103(c) , 171.103(d), 171.105(a), AND 171.201(d) (2017): https://ecfr.io/Title- 40/pt40.26.171#se40.26.171_1103 40 C.F.R. § 170.3 (2017): https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part- 170/subpart-A/section-170.3

Part 2. The Licensing System.

Subpart A Commercial Applicators 2.01. A person engaged in the business of applying pesticides must be licensed as a commercial applicator under the Act. To be licensed or to renew a license as a commercial applicator, any designated qualified supervisor(s) must be licensed in good standing in the category for which a commercial applicator's license is sought. 2.02. A person not engaged in the business of applying pesticides is not required to be licensed as a commercial applicator under the Act. For example, a person who evaluates and/or recommends pest controls while not engaging in the business of applying pesticides or working for a person who engages in the business of applying pesticides is not required to be licensed under the Act. 2.03. Each applicant for a license shall submit a signed, complete, accurate, and legible application, on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name under which the business will operate (the doing business as name), the name of the person who is the primary contact, the address and telephone number of the location where the applicator records are to be kept, the name and identification numbers of all qualified supervisors employed or designated by the business, and any other information required on the form. 2.04. In addition to the application form described above, each applicant for a license or applicant for renewal of a license, shall submit the license fee set by the Commissioner. If the license fee does not accompany the application, the application for license or renewal of a license may be denied. 2.05. Each person applying as a corporation or other entity shall submit a certificate of good standing from the Secretary of State. 2.06. Each applicant shall submit to the Commissioner the name under which the business will operate.

If the licensee operates under more than one name, each such name shall be listed with the Commissioner. 2.07. Beginning with license year 1994, the annual license fee for commercial applicators shall be $350.00. 2.08. Each applicant for renewal of a license shall annually submit a signed, complete, accurate, and legible application on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name of the person who is the primary contact, the address and telephone number of the location where the applicator records are to be kept, the name and identification numbers of all qualified supervisors employed by the business, and any 2.09. Each applicant for a license shall provide evidence of liability insurance to the Commissioner. 2.10. Each applicant for renewal of a license in all categories shall have on file at the time of submission of an application for renewal of a license evidence of liability insurance which is in force at the time of application. 2.11. Each commercial applicator shall have on file with the Commissioner evidence of liability insurance at the time any pesticide application is performed. 2.12. Adequate Supervision:

(a) A licensee must have at least one qualified supervisor for every fifteen (15) technicians, of which no more than eight (8) may be unlicensed technicians. For purposes of the provision, the term “unlicensed technician” means a technician who does not have a certified operator license (b) A responsible qualified supervisor must be available while any technician under their supervision is using a pesticide. For purposes of this provision, the term “available” means able to communicate verbally with the technician and the Department and to respond appropriately to any emergency.

(c) A qualified supervisor may act in a supervisory capacity for one or more commercial applicator businesses at any given time, but only for the licensure category(ies) the qualified supervisor holds.

(d) A qualified supervisor may supervise one or more technicians employed by multiple commercial applicator businesses, so long as the aggregate number of technicians supervised from among those commercial applicator businesses does not exceed 15 technicians at any one point. 2.13. A commercial applicator who conducts business at two or more business locations shall obtain a license for each location at which it employs one or more permanent employees engaged in the application of pesticides for hire. For purposes of this paragraph, “business locations” means any physical location at or through which the functional operations of business regularly occur, including, but not limited to, financial transactions, arrangement of contracts, or assignment of work, and excluding buildings or locations used solely for storage of equipment or supplies or telephone answering services. 2.14. A commercial applicator may not apply pesticides aerially without an endorsement on its license by the Commissioner permitting such applications. In order to obtain such endorsement, the applicant or licensee shall present evidence that at least one pilot employed or to be employed by said applicant, currently holds a commercial agricultural aircraft operator certificate issued by the Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14 C.F.R. Part 137 (2025) (as incorporated herein by reference) or, for pesticide applications made by unmanned aircraft systems (UAV), a copy of the certificate issued by the Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14 C.F.R. Part 107 (2025) (as incorporated herein by reference) for each remote pilot conducting operations for a commercial applicator. If the employment of said pilot or pilots is terminated for any reason, the licensee shall immediately cease aerial application of pesticides unless and until it is in compliance with this

Rule. 2.15. A business not engaged in the business of applying pesticides for hire, and not licensed under the Act, may solicit and enter into a written contract which incidentally requires one or more pesticide applications only in accordance with the provisions of this Part 2.15. Examples of such contracts, but not by way of limitation, are maintenance and paving contracts. If such business hires a licensed commercial applicator to perform the pesticide application as a subcontractor, then the primary contractor need not itself be licensed under the Act. If the primary contractor does not hire a licensed commercial applicator to perform such applications, then the primary contractor must obtain a license prior to entering into the primary contract. Entry into any such contract that does not have an express written statement that the contractor will subcontract with a licensed commercial applicator to perform the pesticide application(s) called for in the contract, shall constitute a violation of § 35-10-117(1)(c), C.R.S. Failure to include such a statement in any solicitations, whether oral or written, to enter into such a contract shall constitute a separate violation of § 35-10-117(1)(c), C.R.S. 2.16. A commercial applicator not licensed in a category (“contractor”) may solicit and enter into a written contract with a customer to perform pesticide applications in said category only if the contractor subcontracts with a commercial applicator licensed in said category (“subcontractor”) to perform the pesticide application in that category. In this case, the subcontractor shall be responsible for all aspects of the application. If the contractor hires the subcontractor to perform the pesticide application, then the contractor need not itself be licensed in the category. If the contractor does not hire a subcontractor to perform such applications, then the contractor must obtain a license in said category prior to entering into any contract with a customer for any pesticide application in said category. Entry into any such contract that does not have an express written statement that the contractor will subcontract with a subcontractor licensed to perform the pesticide application(s) called for in the contract, shall constitute a violation of § 35-10-117(1)(c).

C.R.S. Failure to include such a statement in any solicitation, whether oral or written, to enter into such a contract shall constitute a separate violation of § 35-10-117(1)(c), C.R.S. 2.17. A commercial applicator licensed in a category (“contractor”) may enter into a contract with a customer to perform pesticide applications in said category. The contractor may subcontract with another commercial applicator licensed in the same category (“subcontractor”) to perform the pesticide application under the primary contract. In this case, both the contractor and subcontractor shall be responsible for all aspects of the application. For example and not by way of limitation: both applicators are required to keep records of the application; both applicators are responsible for any notification required under the act or these Rules; and both applicators are responsible for the proper application of any pesticides.

Subpart B Registered Limited Commercial Applicators and Registered Public Applicators 2.18. Any person who in the course of conducting a business only in or on property owned or leased by the person or the person's employer (“limited commercial applicator”) is engaged in applying restricted use pesticides, and any agency of the state, any county, city and county, or municipality, or any other local governmental entity or political subdivision (“public applicator”) which applies restricted use pesticides shall register with the Commissioner. 2.19. An entity which does not apply restricted use pesticides but otherwise qualifies as a limited commercial applicator or a public applicator may register with the Commissioner. 2.20. A limited commercial applicator or public applicator which exclusively applies general use pesticides is not required to register with the Commissioner unless they have so designated in accordance with Part 2.19. 2.21. Any limited commercial applicator or public applicator registered pursuant to the Act and these Rules shall be governed by the Act and these Rules for all pesticide applications including those involving general use pesticides. 2.22. The limited commercial applicator or public applicator shall designate on its application one or more individuals, who are or will be employed by it in the capacity of qualified supervisor, to take the examination for each category and subcategory for which the registration is sought. 2.23. To be registered as a limited commercial applicator or public applicator, the designated qualified supervisor must be licensed in good standing and must meet all qualifications including, but not limited to, the experience and/or educational qualifications set forth in these Rules for each of the categories in which he or she will take the examination. For purposes of this Part 2.23, the term “good standing” includes but is not limited to, the fact that the qualified supervisor's license has not expired pursuant to § 35-10-116 (1), C.R.S. 2.24. Each applicant for a registration shall submit a signed, complete, accurate, and legible application, on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the applicant, the name of the person who is the primary contact, the address and telephone number of the location where the applicator records are to be kept, the name and identification numbers of all qualified supervisors employed by the applicant, and any 2.25. In addition to the application form described above, each applicant for registration shall submit the registration fee set by the Commissioner. If the registration fee does not accompany the application, the application for registration may be denied. 2.26. Each person applying as a corporation or other entity shall submit a certificate of good standing from the Secretary of State. 2.27. The registration required pursuant to the Act shall expire on December 31 of the same year the registration is granted. 2.28. A registered limited commercial applicator or a registered public applicator may not apply pesticides aerially without an endorsement on its registration by the Commissioner permitting such applications. In order to obtain such endorsement, the limited commercial applicator or a public applicator shall present evidence that at least one pilot employed or to be employed by said limited commercial applicator or a public applicator, currently holds a commercial agricultural aircraft operator certificate issued by the Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14 C.F.R. Part 137 (2025) (as incorporated herein by reference) or, for pesticide applications made by unmanned aircraft systems (UAV), a copy the certificate issued by the Federal Aviation Administration, U.S. Department of Transportation, pursuant to 14 C.F.R. Part 107 (2025) (as incorporated herein by reference) of each remote pilot’s certificate who is conducting operations for the registered limited commercial or a registered public applicator, or a copy of the public entity’s Certificate of Waiver Authorization (COA). If the employment of said pilot or pilots is terminated for any reason, the limited commercial applicator or a public applicator shall immediately cease aerial application of pesticides unless and until it is in compliance with this Rule. 2.29. A limited commercial entity or a public entity may designate separate sections, divisions, agencies, or their equivalent to be registered. 2.30. Adequate Supervision:

(a) A registered limited commercial applicator or a registered public applicator must have at least one qualified supervisor for every fifteen (15) technicians, of which no more than eight (8) may be unlicensed technicians. For purposes of the provision, the term “unlicensed technician” means a technician who does not have a certified operator (b) A responsible qualified supervisor must be available while any technician under their supervision is using a pesticide. For purposes of this provision, the term “available” means able to communicate verbally with the technician and the Department and to respond appropriately to any emergency.

(c) A qualified supervisor may act in a supervisory capacity for one or more commercial applicator businesses at any given time, but only for the licensure category(ies) the qualified supervisor holds.

(d) A qualified supervisor may supervise one or more technicians employed by multiple commercial applicator businesses, so long as the aggregate number of technicians supervised from among those commercial applicator businesses does not exceed 15 technicians at any one point. 2.31. If before the expiration of a registration, a registered limited commercial applicator or registered public applicator wants to withdraw registration, said applicator may withdraw from registration.

Notice of withdrawal must be in writing and is not effective until 10 days from receipt by the Commissioner. If before the original expiration of a registration the applicator wants to be registered, the applicator must submit a new application and submit a new registration fee.

Subpart C Qualified supervisors and certified operators 2.32. A person working for a person who is or should be licensed as a commercial applicator, registered limited commercial applicator, or registered public applicator and who without supervision, evaluates pest problems, or recommends pest controls using pesticides, or uses any pesticide, or sells application services, or supervises others in any of these functions must be licensed as a qualified supervisor. 2.33. A person who applies any restricted use pesticide without the on-site supervision of a qualified supervisor must be licensed as a certified operator. 2.34. Each qualified supervisor and certified operator applying for a license or the renewal of a license must be 18 years of age and shall submit an application on a form provided by the Commissioner prior to the date of expiration of any current license which contains, at a minimum, the following: the applicant's identification number, if any, his or her name, the name, address, telephone number, date of birth, and license or registration number of his or her employer, if any, and any 2.35. The Commissioner may require verification of any fact, including but not limited to, any experience or education claimed on any application, and may investigate the truthfulness and accuracy of any and all information submitted by an applicant. 2.36. Upon a showing of exceptional circumstances by an applicant, the Commissioner may waive part of the experience requirements specified in these Rules. The Commissioner may accept, with sufficient verification, valid relevant field experience obtained in this state or any other state. 2.37. Each applicant for license as a qualified supervisor or certified operator, shall take and pass a general examination and any examinations required for the category for which the applicant has applied. 2.38. Repealed 2.39. Except as provided in Part 2.45 of these Rules, each applicant for a license as a qualified supervisor or certified operator shall pay a fee to be determined by the Commissioner. Said fee must be paid separately from any other fee, including but not limited to, any fee for examination as a qualified supervisor or certified operator or any fee for licensure as a commercial applicator. 2.40. The qualified supervisor(s) employed by a licensee shall be responsible for the complete supervision of all pest control recommendations, soliciting, mixing, loading, and application of pesticides for the licensee in the licensure category(ies) the qualified supervisor(s) hold(s). 2.41. The anniversary date of a qualified supervisor's license or certified operator's license shall be the birth date of the licensee. 2.42. Both qualified supervisors and certified operators will be licensed by category and must take and pass both a general exam and a category specific exam. 2.43. In order for a licensed qualified supervisor or licensed certified operator to become licensed in additional categories, the applicant must take and pass the examination in the new category. 2.44. If a qualified supervisor possesses all of the qualifications for licensure as a qualified supervisor in an additional category for which such person is not licensed, except for the required experience, such person shall be licensed as a certified operator in such additional category without payment of the application fee for the certified operator's license. 2.45. If a licensed qualified supervisor or licensed certified operator applies for licensure in an additional category, said qualified supervisor or certified operator shall not be required to pay an additional application fee for licensure in a new category. The applicant shall be required to pay an examination fee. 2.46. Any category added after the qualified supervisor or certified operator is originally licensed or renewed shall expire on the date of expiration of the original license. 2.47. In order to qualify for renewal of a license, any licensed qualified supervisor or licensed certified operator must either take and pass the general exam and any category specific exams for his category or complete any continuing education required pursuant to Part 4 of these Rules. Any renewal of a license shall be determined on a category basis. Any license that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:

(a) Application and payment of a reinstatement fee as determined by the Commissioner; and (b) Proof that all renewal requirements have been satisfied as of the expiration date of the 2.48. An individual certified or licensed by another jurisdiction as a commercial pesticide applicator may obtain a certified operator license in Colorado without passing any examination, but only for the unexpired term of the certification or license issued by such other jurisdiction. Application for such licensure shall require proof of current certification or licensure in good standing in the other jurisdiction and payment of an application fee pursuant to Part 2.39. Any application for licensure pursuant to this Part 2.48 may be denied for any reason other than passage of any exam. If issued, said license shall expire on the expiration date of the certification or license issued by the other jurisdiction. Upon the expiration of the license issued pursuant to this Part 2.48, the individual may renew the certification or license issued by the other jurisdiction and re-apply to become a certified operator in Colorado as permitted by this Part 2.48, or apply for a license in Colorado and satisfy all requirements therefore, including, but not limited to, taking and passing each examination applicable to such licensure.

Subpart D Private Applicators 2.49. Any person who uses or supervises the use of a restricted use 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 must be a licensed private applicator. The holder of a private applicator license is only authorized to use restricted pesticides for the purpose of producing an agricultural commodity as defined in Part 1.02(q). 2.50. Each applicant for a private applicator license or renewal of a license must be 18 years of age and shall submit an application on a form provided by the Commissioner, prior to the date of expiration of any current license, which contains, at a minimum, the following: the applicant's identification number, if any, his or her name, address, telephone number, date of birth, photocopy of their identification, and any other information required on the form. 2.51. The Commissioner may require verification of any fact, including but not limited to, type of agricultural commodity production claimed on any application, and may investigate the truthfulness and accuracy of any and all information submitted by an applicant. 2.52 Each applicant for a private applicator license shall take and pass an examination. 2.53 Each applicant for a private applicator license shall pay a fee to be determined by the Commissioner. Said fee must be paid separately from any other fee, including but not limited to, any fee for examination as a private applicator. 2.54. A licensed private applicator shall be responsible for the on-site supervision of any unlicensed private applicator working under his or her direction, who mixes, loads, or applies a restricted use pesticide, for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer. For the purposes of this Part 2.54, supervision of any unlicensed person working “under his or her direction” shall mean work performed by an unlicensed individual acting under the instruction and control of a licensed private applicator where that unlicensed individual has met all training, qualifications, and use-specific condition requirements in accordance with 40 C.F.R. § 171.201(b) - (d) (2017) (as incorporated herein by reference) prior to the unlicensed private applicator using a restricted use pesticide under the onsite supervision of a licensed private applicator. 2.55. The anniversary date of a private applicator license shall be the birth date of the licensee. 2.56 In order for a licensed private applicator to become licensed as a qualified supervisor or certified operator, the applicant must take and pass both a general exam and a category specific exam and meet any requirements outlined in Part 2, Subpart C, of these Rules. 2.57 If a licensed private applicator applies for licensure as a qualified supervisor or certified operator, the private applicator shall be required to pay an additional examination fee and application fee for licensure. 2.58. In order to qualify for renewal of a license, a licensed private applicator must either take and pass the private applicator exam or complete any continuing education required pursuant to Part 4 of these Rules. A license that is not renewed on or before the expiration date of the license may be reinstated within one hundred eighty days after the expiration date upon:

(a) Application and payment of a reinstatement fee as determined by the Commissioner; and (b) Proof that all renewal requirements have been satisfied as of the expiration date of the 2.59. An individual certified or licensed by another jurisdiction outside Colorado as a private applicator may obtain a Colorado private applicator license without passing any examination, but only for the unexpired term of the certification or license issued by such other jurisdiction. Application for such licensure shall require proof of current certification or licensure in good standing in the other jurisdiction and payment of an application fee pursuant to Part 2.53. Said license shall expire on the expiration date of the certification or license issued by the other jurisdiction. Upon the expiration of the license issued pursuant to this Part 2.59, the individual may renew the certification or license issued by the other jurisdiction and re-apply to become a private applicator in Colorado as permitted by this Part 2.59, or apply for a license in Colorado and satisfy all requirements therefore, including, but not limited to, taking and passing an examination applicable to such licensure. 2.60. Private pesticide applicator licensure classification: Category 401, Private Pesticide Applicator Pest Control, is for the application of restricted use pesticides for the purpose of producing any agricultural commodity on property owned or leased by the applicator or the applicator's employer or, when the pesticide is applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. 2.61. Private applicators making aerial, structural, or soil / non-soil fumigant applications must hold one or more of the following categories that correspond to the application being made in addition to the category 401, Private Pesticide Applicator license:

(a) Category 114: Aerial Pest Control: The application of pesticides by unmanned aerial vehicle (UAV), fixed or rotary wing aircraft.

(1) The Aerial Pest Control category may be obtained by successfully passing an approved Aerial Pest Control Certification examination offered by the Colorado Department of Agriculture or any state with an approved Environmental Protection Agency Certification Plan. Proof of a passing score obtained within the last 12 months with exam results 70% or better must be provided to the Department with the application.

(2) A reciprocal Aerial Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state’s license.

(3) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Aerial Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the licensure category and the applicator will be required to retest.

(b) Category 309A: Soil Fumigation Pest Control: For the use of a fumigant designated as a restricted use pesticide to control pests in soil.

(1) The Soil Fumigation Pest Control category may be obtained by successfully passing the Soil Fumigation Pest Control Certification examination offered by the Colorado Department of Agriculture.

(2) A reciprocal Soil Fumigation Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state’s license.

(3) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Soil Fumigation Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the license category and the applicator will be required (4) The Soil Fumigation Pest Control category does not allow application of fumigants to control pests in structures as described in category 303, Structural Fumigation Pest Control, or to control pests in non-soil sites, such as burrowing rodent control, described in category 309B: Non-Soil Fumigation Pest Control.

(5) To apply a fumigant in a structure or to apply a fumigant to control pests in nonsoil sites, including burrowing rodent control, the private applicator must hold, in addition to a category 401, Private Pesticide applicator license, category 303, category 309B, or, if applicable, both.

(c) Category 309B: Non-Soil Fumigation Pest Control: For the use of a fumigant designated as a restricted use pesticide to control pests in non-soil sites not otherwise addressed in category 303, Structural Fumigation Pest Control.

(1) The Non-Soil Fumigation Pest Control category may be obtained by successfully passing the Non-Soil Fumigation Pest Control Certification examination offered by the Colorado Department of Agriculture.

(2) A reciprocal Non-Soil Fumigation Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state’s license.

(3) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Non-Soil Fumigation Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the license category and the applicator will be required (4) This Non-Soil Fumigation Pest Control category does not allow application of fumigants to control pests in structures as described in category 303, Structural Fumigation Pest Control, or application of fumigants to control pests in soil as described in category 309A: Soil Fumigation Pest Control.

(5) To apply a fumigant in a structure or to apply a fumigant to control pests in soil the private applicator must hold, in addition to a category 401, Private Pesticide applicator license, category 303, category 309A, or, if applicable, both.

Subpart E Licensure Actions, Suspension, Denial, Revocation 2.62. Any of the following actions shall constitute grounds for the suspension, restriction, refusal to renew, denial, or revocation of a license or certification, whether alone or in conjunction with violations of any provision of the act or of any other provision of these Rules:

(a) The application of pesticides in a negligent or willful manner which creates, either by pesticide residue or by direct damage, a hazard to property, which shall include without limitation, crops, ornamental plants, and animals (including economically important insects).

(b) The application of pesticides in a negligent or willful manner which endangers human health.

(c) The creation of a situation from improper handling of pesticides, including spillage, leakage, vapors or disposal, which constitutes a hazard to the health, welfare or safety of any person, the general public, any animal or animals (including economically important insects), any crops, any ornamental plants, or the environment.

Part 3. Examination. 3.01. The Commissioner, or his or her designated administrator, shall administer a general examination and/or an examination in each category established by these Rules. Each examination must meet all core standards for all categories in accordance with 40 C.F.R. §§ 171.103(c), 171.103(d), and 171.105(a) (as incorporated herein by reference). Each examination is for the purpose of licensing as a qualified supervisor, certified operator, or private applicator. An individual may take such examinations for the purpose of obtaining a license. 3.02. Each applicant for examination shall file an application for examination on a form provided by the Commissioner and shall pay a fee to be determined by the Commissioner. Said fee must be paid separately from any other fee, including but not limited to, any fee for application for licensure as a qualified supervisor, certified operator, or private applicator or any fee for licensure as a commercial applicator. 3.03. Each applicant shall be required to obtain the grade designated as passing on each section of the examination(s) under which he or she wishes to qualify. All examinations shall be graded uniformly. 3.04. Each applicant for examination shall complete an identification form, provided by the Commissioner, for the Commissioner's use in identifying persons who take the examinations. The information on the identification form shall consist of that which is reasonably necessary or appropriate for ensuring the integrity of the examination process, such as the physical description of the applicant. 3.05. Examinations shall be graded without reference to the application or personal identification forms which have been completed by the applicant. 3.06. The Commissioner shall keep an applicant's test results on file for a period of one year from the date of examination. Such results may be used by an applicant for licensing during that period of time. If an applicant fails to complete the licensing process within one year of the examination date, he or she shall be required to take new examinations in all applicable categories in which he or she wishes to be licensed. 3.07. The Commissioner may furnish, for a fee, study guides for the use of persons preparing for the examinations given under the Act. The fees for this material shall be sufficient to cover the cost of printing and postage. 3.08. Examination security provisions:

(a) No applicant or licensee testing in any qualified supervisor or certified operator licensure category shall use any outside information not provided by the Commissioner or his designee while taking a closed book examination, remove any examination question or answer sheets from the room where the examination is given, nor shall any applicant or licensee cause any examination question or answer to be disseminated to any person not employed by the Commissioner by any means whatsoever.

(b) No applicant or licensee testing for a private applicator license, or person proctoring a private applicator test session, shall cause any examination question or answer to be disseminated to any person not employed by the Commissioner by any means whatsoever. No person other than the applicant or licensee may complete the private applicator examination form.

Part 4. Continuing Education Requirements.

Subpart A General Continuing Education Requirements for Qualified Supervisor and Certified Operator 4.01. In order to renew a license without examination, each qualified supervisor and each certified operator must obtain the following credits prior to the expiration of his license:

(a) 2 credits in the subject area of applicable state, federal, and local laws and regulations;

(b) 1 credit in the subject area of pesticides and their families;

(c) 1 credit in the subject area of applicator safety;

(d) 1 credit in the subject area of public safety;

(e) 1 credit in the subject area of environmental protection;

(f) 1 credit in the subject area of use of pesticides;

(g) 1 credit for each licensed category in the subject area of pest management except for those categories described in Part 4.01(h); and (h) 2 credits for each of the following licensed categories: residential/commercial pest control, turf pest control and ornamental pest control. 4.02. In order for a qualified supervisor or a certified operator attending a course to receive relicensing or continuing education credit:

(a) the course must be approved in advance by the Commissioner;

(b) requests for approval must be in submitted by the course sponsor to the Commissioner on a form provided by the Commissioner;

(c) requests for approval must be submitted no less than thirty days prior to the course; and (d) requests for approval must include:

(1) The proposed agenda, with the length of time for each session and a synopsis of the topics to be addressed in each course for which credit is being requested;

(2) The identity of all speakers for each pertinent course. Upon request, the course sponsor must provide the Commissioner with speaker credentials confirming licensure or expertise in the subject matter for which the speaker will provide training. The Commissioner may deny approval of a speaker if the credentials or experience does not relate to the subject matter the speaker will teach; and (3) An explanation of the process the course sponsor will use to confirm the identity of each course attendee.

(e) Core category recertification sessions, as indicated in Subparts C – H of this Part 4, must be no less than 30 minutes in length. Pest Management recertification sessions, as indicated in Subpart I of this Part 4, must be no less than 60 minutes in length. Multiple sessions may be grouped sequentially to meet the minimum time requirements if the course sponsor can show attendance can be tracked across grouped sessions.

(f) Attendance at approved recertification courses must be open to any person holding a Colorado pesticide applicator license, subject to space limitations. 4.03. If the Commissioner receives a request for continuing education approval at least sixty days prior to the course date, the Commissioner will notify applicators of the approval for continuing education credits. The Commissioner will not provide notification of such approval if the request for its approval was received less than sixty days prior to the course. 4.04. The list of those attending each approved course shall be sent by the sponsor to the Commissioner no later than 7 days after the conclusion of the course. The sponsor must provide each licensed attendee confirmation of attendance of the course no more than 7 days after the conclusion of the course. It is the attendee’s responsibility to confirm that his or her name appears on the attendance list for each course or session attended. The course sponsor must provide attendance confirmation to the Commissioner in writing or electronically, using a form provided by the Commissioner or in a format preapproved by the Commissioner. 4.05. A course will be approved for continuing education credit if, in the opinion of the Commissioner, it covers at least one topic from the following subject areas adequately to justify the approval for credit. (Subject areas and subtopics are listed in Subparts C - I of this Part 4.) Failure to meet any required recertification submission provision in this Part 4 may be grounds for course denial or future course denial.

Subpart B General Continuing Education Requirements For Private Applicators 4.06. In order to renew a license without examination, each private applicator must obtain the following credits prior to the expiration of his or her license:

(a) 2 credits in the subject area of applicable state, federal and local laws and regulations;

(b) 1 credit in the subject area of pesticides and their families;

(c) 1 credit in the subject area of applicator safety;

(d) 1 credit in the subject area of public safety;

(e) 1 credit in the subject area of environmental protection; and (f) 1 credit in the subject area of use of pesticides. 4.07. In order for a private applicator attending a course to receive relicensing or continuing education credit:

(a) the course must be approved in advance by the Commissioner;

(b) requests for approval must be submitted by the course sponsor to the Commissioner on a form provided by the Commissioner;

(c) requests for approval must be submitted no less than thirty days prior to the course; and (d) requests for approval must include:

(1) The proposed agenda, with the length of time for each session and a synopsis of the topics to be addressed in each course for which credit is being requested;

(2) The identity of all speakers for each pertinent course. Upon request, the course sponsor must provide the Commissioner with speaker credentials confirming licensure or expertise in the subject matter for which the speaker will provide training. The Commissioner may deny approval of a speaker if the credentials or experience do not relate to the subject matter the speaker will teach; and (3) An explanation of the process the course sponsor will use to confirm the identity of each course attendee.

(e) Core category recertification sessions, as indicated in Subparts C – H of this Part 4, must be no less than 30 minutes in length. Multiple sessions may be grouped sequentially to meet the minimum time requirements if the course sponsor can show attendance can be tracked across grouped sessions.

(f) Attendance at approved recertification courses must be open to any person holding a Colorado pesticide applicator license, subject to space limitations. 4.08. If the Commissioner receives a request for continuing education approval at least sixty days prior to the course date, the Commissioner will notify applicators of the approval for continuing education credits. The Commissioner will not provide notification of such course approval if the request for its approval was received less than sixty days prior to the course. 4.09. The list of those attending each approved course shall be sent by the sponsor to the Commissioner no later than 7 days after the conclusion of the course. The sponsor must provide each licensed attendee confirmation of attendance of the course no more than 7 days after the conclusion of the course. It is the attendee’s responsibility to confirm that his or her name appears on the attendance list for each course or session attended. The course sponsor must provide attendance confirmation to the Commissioner in writing or electronically, using a form provided by the Commissioner or in a format preapproved by the Commissioner. 4.10. A course will be approved for continuing education credit if, in the opinion of the Commissioner, it covers at least one topic from the following subject areas adequately to justify the approval for credit. (Subject areas and subtopics are listed in Subparts C – H of this Part 4.) Failure to meet any required recertification submission provision in this Part 4 may be grounds for course denial or future course denial.

Subpart C Applicable State, Federal, and Local Laws and Regulations 4.11. State, federal and local regulations dealing with: pesticides, application, disposal, notification, transportation, registration, uses, licensing, worker protection, endangered species, storage, residues and tolerances, emergency planning and right to know, advertising, record keeping, business practices, insurance, training standards, supervision, responsibility of supervisors of non-certified applicators, agricultural chemicals and groundwater, or consumer protection. 4.12. Compliance problems/actions, analysis of most frequent violations, and discussions of specific problems and actions.

Subpart D Pesticides and Their Families 4.13. Pesticide label and labeling including: label requirements, label terminology, and effect of failure to comply with label requirements. 4.14. Pesticides in general including: families and types, mode of action, and other properties. 4.15. Formulation of pesticides: types, properties, advantages, limitations, toxicity, dilution, mixing, and uses. 4.16. Semiochemicals for pest detection and control. 4.17. Adjuvants and additives. 4.18. Specific pesticide characteristics and concepts including: compatibility, synergism, persistence, environmental fate, resistance, mode of action (contact, systemic, etc.), mobility, leachability, potential for biological concentration and/or accumulation, volatility, solubility, inert ingredients and/or carriers, and phytotoxicity. 4.19. National trends on pesticide problems.

Subpart E Applicator Safety 4.20. Safe use of pesticides by the applicator including: label requirements, transportation, mixing, loading, disposal, equipment cleanup, spill management, storage, application, and precautions to prevent exposure and injury. 4.21. Applicator protection including selection, care, and maintenance of protective clothing and safety equipment. 4.22. Human health effects including: acute and chronic toxicity, hazard determination, routes of exposure, symptoms of pesticide poisoning, and allergies. 4.23. First aid and emergency actions for pesticide exposure and use related injuries. 4.24. Reference sources pertinent to applicator safety including: Safety Data Sheet(s) (SDS), telephone hotlines, emergency procedures, and label requirements. 4.25. Major label revisions and national trends and updates relevant to applicator safety. 4.26. Responsibilities of qualified supervisors, certified operators, technicians and other employees.

Subpart F Public Safety 4.27. Safe use of pesticides by the applicator including: label requirements, transportation, mixing, loading, disposal, equipment cleanup, spill management, storage, application, and precautions to prevent exposure and injury. 4.28. Human health effects including: acute and chronic toxicity, hazard determination, routes of exposure, symptoms of pesticide poisoning, and allergies. 4.29. Reference sources pertinent to public safety including: Safety Data Sheet (s) (SDS), telephone hotlines, emergency procedures, and label requirements. 4.30. Major label revisions and national trends and updates relevant to public safety. 4.31. Responsibilities of qualified supervisors, certified operators, technicians and other employees. 4.32. Public education about pesticides and pesticide application, public relations, communication, professionalism, and trouble shooting. 4.33. Pesticide sensitivities, allergies, and phobias including chemophobia and entomophobia.

Subpart G Environmental protection 4.34. Precautions to protect the environment and minimize the effects of pest management on it, including: identification of meteorological and climatic factors affecting application (drift, runoff, etc.); identification of terrain, soil, substrata influence on possible surface and ground water contamination; recognition of sensitive areas and organisms that could be affected by application, drift and runoff such as endangered species, wildlife, ornamentals, beneficial insects, humans, and domestic animals; identification of methods of spill prevention, control, and cleanup; observation of preharvest intervals; timing of applications for specific pest controls; and pesticide storage and transportation. 4.35. Major label revisions and national trends and updates relevant to environmental protection. 4.36. Responsibilities of qualified supervisors, certified operators, technicians and other employees.

Subpart H Use 4.37. Mixing and loading including: proper mixing and loading techniques, label requirements, closed systems, adjuvants for drift control and other purposes, measuring, pH of water and other factors to consider, procedures for spill prevention, control and clean up, site location and construction, prevention of contamination, and security. 4.38. Application including: proper application techniques, techniques to control off target movement, new application techniques, procedures for spill prevention, control and clean up, label requirements, pest identification, and effective control. 4.39. Equipment including: calibration, selection of correct equipment for the job, maintenance and care, clean up, new equipment. 4.40. Storage and disposal including: bulk storage, label requirements, site requirements such as ventilation, containment, procedures for spill prevention, control and clean up, disposal of containers, rinsate, excess material, security, fire prevention, posting, temperature, and product separation to prevent cross contamination. 4.41. Responsibilities of qualified supervisors, certified operators, technicians and other employees. 4.42. Major label revisions and national trends and updates relevant to pesticide use. 4.43. Practical demonstration of use methods and techniques.

Subpart I Pest Management 4.44. Identification and biology including: principles of host and pest identification and recognition of such organisms, principles of site/habitat identification, damage and/or symptoms caused by pests, recognition of beneficial organisms, understanding host, pest and beneficial life cycles and susceptible stages, and evaluate environmental conditions and ecology on host and pest biology. 4.45. Pest management criteria including: determining economic or aesthetic threshold levels, consideration of environmental impact of control methods, selection of control method, posttreatment evaluation, ability to integrate various pest management methods, comparative effectiveness of management methods and techniques, sampling and survey techniques, host and pest resistance, effects of control methods on host and off target organisms, timing of control alternatives, and pest management history. 4.46. Chemical control methods and practices including: select material, formulation, and/or equipment, determine dosage of selected control, selection of proper pesticides and adjuvants for a particular job, and timing of pesticide application. 4.47. Alternative control methods and practices including: mechanical, biological, cultural, and physical methods, and timing of control methods. 4.48. References for decision making for pest management. 4.49. Major label revisions, evolution of pest management, and national trends and updates relevant to pest management.

Part 5. Technician Training.

Subpart A General 5.01. Definitions. For purposes of this Part 5 unless the context otherwise requires:

(a) “Applicator technician” means a technician whose job includes the use of pesticides;

(b) “Experienced technician” means a technician who has been trained and has the following minimum experience within the past 3 years: for applicator technicians doing structural applications, 6 months of experience including time in training, for applicator technicians doing agricultural, turf, ornamental or turf and ornamental applications, 1 season of experience including time in training, and for sales technicians, 1 season of sales experience;

(1) “New hire experienced technician” means any technician who has met the experience requirements, outlined in Part 5.01(b), within the last 3 years, but is a new employee of a commercial applicator, registered limited commercial applicator, or registered public applicator.

(2) “On-going experienced applicator technician” means an individual who has met the definition of an experienced technician and continues to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator.

(c) “Sales technician” means a technician whose sole job is selling application services; and (d) “Selling application services” means the sale of a pesticide application. Selling application services does not include the sale of an evaluation service, inspection service, or recommendation service. To qualify as a sale of an application service, the seller must make an evaluation of pest problems or a recommendation of pest controls using pesticides. A seller does not make an evaluation of pest problems or a recommendation of pest controls using pesticides if the seller answers questions from a customer using an answer sheet prepared by a licensed qualified supervisor.

(e) “Flagger technician” means an individual employed and compensated by the applicator who designates, with a flag or any other identification, the alignment of a pesticide application during the application of pesticides at that site. 5.02. Scope of Part 5.

(a) A person will not be considered a technician for purposes of these Rules if said person uses, sells, or recommends a general use pesticide while under the on site supervision of a qualified supervisor.

(b) A person who evaluates any pest problem while under the on site supervision of a qualified supervisor will not be considered a technician.

(c) Use or sales of restricted use pesticides by a technician:

(1) A person must be a trained technician if said person uses a restricted use pesticide while under the on-site supervision of a qualified supervisor.

(2) A person must be training to be a technician to sell or recommend a restricted use pesticide while under the on-site supervision of a qualified supervisor.

(3) A person must be a trained technician to sell or recommend a restricted use pesticide while under the supervision of a qualified supervisor.

(4) All requirements for direct supervision at 40 C.F.R. § 171.201 (2017) (as incorporated herein by reference) must be met prior to a technician using a restricted use pesticide under the on-site supervision of a qualified supervisor.

(d) A person must be a technician or must be training to be a technician if said person uses, sells, or recommends a general use pesticide while on the job with a certified operator or experienced technician.

(e) A person may not use, sell, or recommend, general use pesticides unaccompanied by a qualified supervisor, certified operator, or experienced technician without completing the training required by these Rules.

(f) For the purposes of determining if a person is experienced and/or trained, upon a showing of exceptional circumstances by a commercial applicator, the Commissioner may waive all or part of the experience and training requirements specified in these Rules. The Commissioner may accept, with sufficient verification, valid relevant field experience and training obtained from sources other than the commercial applicator in this state or any other state so long as safety is not compromised and the person has the necessary pertinent application skills, (g) The amount of time given to each topic covered by these Rules is discretionary with the trainer. However, the technician's training must be relevant to each technician's job duties.

(h) Each commercial, registered limited commercial, or registered public applicator licensed or registered in any category shall record the training provided to each technician on a form or forms provided by the Commissioner. Any such form(s) must be completed in full in order to comply with this Part 5.02(h).

(i) Each commercial, registered limited commercial, or registered public applicator licensed or registered in any category may give a written examination to trained technicians to determine the comprehension of subjects covered by the training. However, said examination shall not in any manner substitute for any of the training required by these Rules.

(j) This Part 5 shall not apply to limited commercial applicator and public applicators not registered with the Department pursuant to Section 35-10-109, C.R.S., which are regulated by Part 16 of these Rules.

(k) All technician training conducted under this Part 5 and its Subparts must conform with all noncertified applicator training requirements in 40 C.F.R. § 171.201 (2017) (as incorporated herein by reference).

(l) A commercial, registered limited or registered public applicator must obtain training records to verify that any new-hire experienced technician has met all the training requirements in this Part 5. These records must be maintained as part of the technician’s training record in accordance with Part 5.02(m) below.

(m) Each commercial, registered limited commercial, or registered public applicator must maintain the training record(s) as follows:

(1) The original training record reflecting all required classroom and on-the-job training hours, in accordance with Part 5 and its subparts for the category being trained in, must be maintained for the entirety of the technician’s employment and for three years after the technician’s separation from the employer.

(2) The on-going training record reflecting all required training hours and topics, in accordance with Part 5 and its subparts for the category being trained in, must be maintained for a minimum of three years from the date training was conducted.

(3) A copy of all training records must be provided to the applicator technician upon request and must be provided to the Commissioner upon request.

Subpart B Agricultural 5.03. Except as otherwise expressly provided in these Rules, each applicator technician and flagger technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in any agricultural category shall have at a (a) At least 12 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety; and (b) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of agricultural pesticide application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest 5.04. Except as otherwise expressly provided in these Rules, each sales technician working for a commercial applicator licensed in any agricultural category shall have at a minimum 36 hours of training:

(a) At least 12 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 16 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of agricultural pesticide application experience within the last 2 years. No more than 8 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety; and (c) The remaining 8 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor. 5.05. Except as otherwise expressly provided in these Rules, each on-going experienced applicator technician, flagger technician, and sales technician continuing to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in any agricultural category shall have, during each year of employment after the first season of experience, at a minimum, the following on-going training: 4 hours of training conducted by a licensed qualified supervisor or licensed certified operator which licensed certified operator has at least 1 season of agricultural pesticide application experience within the last 2 years. The qualified supervisor shall determine from those topics enumerated in Part 5.03 the training required. Said training may be either classroom-instructional or on the job training as 5.06. Except as otherwise expressly provided in these Rules, each new hire experienced technician and flagger technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in any agricultural category shall have at a minimum 16 hours of training:

(a) At least 4 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of agricultural pesticide application experience within the last 2 years. Said pesticides and their families, pest management, applicator safety, pesticide label and (c) The remaining 4 hours shall be divided between classroom-instructional training and on (d) Experienced sales technicians are not required to complete training in use, equipment

Subpart C Turf 5.07. Each applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the turf category shall have at a (a) At least 8 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, applicator safety, pesticide label (b) At least 4 hours of which shall be classroom-instructional training covering: pest (c) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of turf pesticide application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest 5.08. Each sales technician working for a commercial applicator licensed in the turf category shall have at a minimum 40 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, pesticides and (b) At least 8 hours of which shall be classroom-instructional training covering: pest (c) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of turf pesticide application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety. 5.09. Each technician who acts as both a sales technician and an applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the turf category shall have at a minimum 48 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, applicator safety, pesticide label (b) At least 16 hours of which shall be classroom-instructional training covering: pest (c) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed qualified supervisor or licensed certified operator has at least 1 season of turf pesticide application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety. 5.10. Each on-going experienced applicator technician and sales technician continuing to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the turf category shall have, during each year of employment after the first season of experience, at a minimum, the following on-going training: 4 hours of training conducted by a licensed qualified supervisor or licensed certified operator which licensed certified operator has at least 1 year of turf pesticide application experience within the last 2 years. The qualified supervisor shall determine from those topics enumerated in Part 5.09 the training required. Said training may be either classroom-instructional or on the job training as 5.11. Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the turf category shall have at a minimum 16 hours of training:

(a) At least 4 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator which licensed qualified supervisor or licensed certified operator has at least 1 season of turf pesticide application experience within the last 2 years which training shall cover: use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(c) The remaining 4 hours shall be divided between classroom and the job site as the need (d) Experienced sales technicians are not required to complete training in use, equipment

Subpart D Ornamental 5.12. Each applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the ornamental category shall have at a minimum 40 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, applicator safety, pesticide label (b) At least 8 hours of which shall be classroom-instructional training covering: pest (c) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said pesticides and their families, pest management, applicator safety, pesticide label and 5.13. Each sales technician working for a commercial applicator licensed in the ornamental category shall have at a minimum 48 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, pesticides and (b) At least 16 hours of which shall be classroom-instructional training covering: pest (c) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety. 5.14. Each technician who acts as both a sales technician and as an applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the ornamental category shall have at a minimum 56 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, applicator safety, pesticide label (b) At least 24 hours of which shall be classroom-instructional training covering: pest (c) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said pesticides and their families, pest management, applicator safety, pesticide label and 5.15. Each on-going experienced applicator technician and sales technician continuing to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the ornamental category shall have, during each year of employment after the first season of experience, at a minimum, the following on-going training: 4 hours of training conducted by a licensed qualified supervisor or licensed certified operator which licensed certified operator has at least 1 year of ornamental pesticide application experience within the last 2 years. The qualified supervisor shall determine from those topics enumerated in

Part 5.14 the training required. Said training may be either classroom-instructional or on the job training as determined by the qualified supervisor. 5.16. Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the ornamental category shall have at a minimum 16 hours of training:

(a) At least 4 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator which licensed qualified supervisor or licensed certified operator has at least 1 season of ornamental pesticide application experience within the last 2 years. Said training shall cover: use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and (c) The remaining 4 hours shall be divided between classroom and the job site as the need (d) Experienced sales technicians are not required to complete training in use, equipment

Subpart E Turf and Ornamental 5.17. Each applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in both the turf category and the ornamental category shall have at a minimum 60 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, applicator safety, pesticide label (b) At least 12 hours of which shall be classroom-instructional training covering: pest (c) At least 40 hours of which shall be on the job training. At least 16 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of turf and ornamental pesticide application experience within the last 2 years. No more than 24 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said pesticides and their families, pest management, applicator safety, pesticide label and 5.18. Each sales technician working for a commercial applicator licensed in both the turf category and the ornamental category shall have at a minimum 64 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, pesticides and (b) At least 24 hours of which shall be classroom-instructional training covering: pest (c) At least 32 hours of which shall be on the job training, at least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed qualified supervisor or licensed certified operator has at least 1 season of turf and ornamental pesticide application experience within the last 2 years. No more than 24 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest 5.19. Each technician who acts as both a sales technician and as an applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in both the turf category and the ornamental category shall have at a minimum 80 hours of training:

(a) At least 8 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, applicator safety, pesticide label (b) At least 32 hours of which shall be classroom-instructional training covering: pest (c) At least 40 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of turf and ornamental pesticide application experience within the last 2 years. No more than 32 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety. 5.20. Each on-going experienced applicator technician and sales technician continuing to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in both the turf category and the ornamental category shall have, during each year of employment after the first season of experience, at a minimum, the following on- going training: 4 hours of training conducted by a licensed qualified supervisor or licensed certified operator which licensed certified operator has at least 1 year of turf and ornamental pesticide application experience within the last 2 years. The qualified supervisor shall determine from those topics enumerated in Part 5.19 the training required. Said training may be either classroom-instructional or on the job training as determined by the qualified supervisor. 5.21. Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in both the turf category and the ornamental category shall have at a minimum 16 hours of training:

(a) At least 4 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of turf and ornamental pesticide application experience within the last 2 years.

Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and (c) The remaining 4 hours shall be divided between classroom and the job site as the need (d) Experienced sales technicians are not required to complete training in use, equipment

Subpart F Structural 5.22. Each applicator technician and sales technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the structural categories of wood destroying organism pest control, fumigation, or residential/commercial pest control shall have at a minimum 160 hours of training:

(a) At least 32 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 120 hours of which shall be on the job training. At least 60 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 year of structural pesticide application experience within the last 2 years. No more than 60 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(c) The remaining 8 hours shall be divided between classroom-instructional training and on (d) Successfully complete a written examination prepared and given by the commercial applicator showing overall comprehension of the subject matter of the training. 5.23. Each on-going experienced applicator technician and sales technician continuing to work for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the structural categories of wood destroying organism pest control, fumigation, or residential/commercial pest control shall have during each year of employment after the first season of experience, at a minimum, the following on-going training:

(a) 2 hours per month of training which training shall over a period of 6 months include at least 3 hours of classroom-instructional training. 9 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor. Said classroom-instructional training and on the job training shall be conducted by either a licensed qualified supervisor or licensed certified operator which licensed certified operator has at least 1 year of structural pesticide application experience within the last 2 years. Said training shall cover those areas enumerated in

Part 5.22; and (b) Successfully complete a written examination prepared and given by the commercial applicator showing overall comprehension of the subject matter of the training. 5.24. Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the structural categories of wood destroying organism pest control, fumigation, or residential/commercial pest control shall have at a minimum 32 hours of training:

(a) At least 16 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety; and (b) At least 16 hours of which shall be the job training conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 year of structural pesticide application experience within the last 2 years which training shall cover: use, equipment and calibration, applicator safety, pesticide label and (c) Experienced sales technicians are not required to complete training in use, equipment 5.25. Each applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the structural categories of outdoor vertebrate pest control, stored commodities treatment, Post-Harvest Potato Pest Control, wood preservation and wood products treatment, or interior plant pest control shall have at a (a) At least 12 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety; and (b) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of structural pesticide application experience within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest 5.26. Each sales technician working for a commercial applicator licensed in the structural categories of outdoor vertebrate pest control, stored commodities treatment, Post-Harvest Potato Pest Control, wood preservation and wood products treatment, or interior plant pest control shall have at a (a) At least 12 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 16 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of structural pesticide application experience within the last 2 years. No more than 8 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety; and (c) The remaining 8 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor. 5.27. Each on-going experienced applicator technician and sales technician continuing to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the structural categories of outdoor vertebrate pest control, stored commodities treatment, Post-Harvest Potato Pest Control, wood preservation and wood products treatment, or interior plant pest control shall have, during each year of employment after the first season of experience, at a minimum, the following on-going training: 4 hours of training conducted by a licensed qualified supervisor or licensed certified operator which licensed certified operator has at least 1 season of structural pesticide application experience within the last 2 years. The qualified supervisor shall determine from those topics enumerated in Part 5.25 the training required. Said training may be either classroom-instructional or on the job training as 5.28. Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in the structural categories of outdoor vertebrate pest control, stored commodities treatment, post-harvest potato pest control, wood preservation and wood products treatment, or interior plant pest control shall have at a minimum 16 hours of training:

(a) At least 4 hours of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(b) At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator which licensed certified operator has at least 1 season of structural pesticide application experience within the last 2 years. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(c) The remaining 4 hours shall be divided between classroom-instructional training and on (d) Experienced sales technicians are not required to complete training in use, equipment

Part 6. Records.

Subpart A Recordkeeping Requirements for Commercial, Registered Limited Commercial and Registered Public Applicators 6.01. Licensed commercial applicators shall maintain accurate and legible office records of each application of pesticides made for hire. Commercial applicators using devices shall maintain records in accordance with Part 15.07 of these Rules. 6.02. Registered limited commercial and registered public applicators shall maintain accurate and legible office records of each application of pesticides. 6.03. Except for device applications as provided in Part 6.01, such records shall include all of the following information:

(a) Name and address of person for whom application was made.

(b) Location where application was made, if different from Part 6.03(a). The location of a field should be fully described. In the case of roadside weed control applications, the record should include the county or state road number and the portion of roadside treated, described by reference to mileage markers or prominent geological features such as road intersections, river or creek crossings, or the like.

(c) Target pest. This means the specific pest for which the application was made. A general term is acceptable only if the pesticide label specifically refers to that exact term (such as “broadleaf weeds”).

(d) Site, crop, commodity or structure treated.

(e) Specific pesticide applied. This shall be accomplished by recording the EPA registration number of the pesticide product. The brand name of the pesticide product and the name and address of its manufacturer may also be included in this record.

(f) Dilution rate. This is the amount of formulated product or active material per unit of volume of carrier specified as such. In the case of a product applied out of the container without mixing, the entry should be “no dilution”, “aerosol”, or “RTU” (ready to use), as applicable.

(g) Application rate. This is the total gallons or pounds of the final tank mix applied per unit of area or volume. In the case of “crack and crevice” structural treatment, the entry should indicate “crack and crevice”. The entry for a livestock application should indicate “dip” or “spray”, as appropriate. In the case of an application of a pesticide labeled “spray until wet,” “spray to runoff,” or the like, the entry should indicate the nature of the application in language consistent with the label directions.

(h) Carrier, if other than water.

(i) Date and time of application. The record shall indicate the time, within at least one-half hour accuracy, when the application was started or stopped. Each applicator's records shall be kept consistently and clearly, in such a manner as to allow ready determination as to whether a noted time indicates the beginning or end of the application. An entry merely stating “A.M.” or “P.M.” is not sufficient to comply with this Rule.

(j) Name and license number of the person who made or supervised the application (i.e., technician, certified operator, qualified supervisor). If a restricted use pesticide application is performed by an applicator technician, the record of application shall include the names of both the technician and the responsible on-site qualified supervisor.

(k) Endangered Species Protection Bulletin for the county and month in which the application was made for any pesticide product used, when required by the label. If there is not an active Endangered Species Bulletin use limitation for the county and month in which the application was made, no Endangered Species Protection Bulletin is required to be maintained in the applicator’s records. For purposes of complying with this Part 6.03(k), a single Endangered Species Bulletin record may be applied to multiple applications that are subject to that Bulletin. 6.04. Any applicator performing wood destroying insect control, for the control of termites, shall keep, in addition to record keeping requirements outlined in Part 6.03 above, the following information:

(a) For all commercial pre-construction treatments, the licensee must maintain records of square footage treated per application site, flow rate of the application equipment, and the start and stop time for the treatment. If a physical barrier is used, the square footage of the physical barrier shall be recorded and a diagram describing the installation shall be provided.

(b) Each post construction termite liquid and bait treatment record shall include:

(1) A diagram, blueprint, or building plat and a description of the structure or structures to be treated, including the following:

(i) Approximate measurements as accurately as practical;

(ii) Areas of known current termite activity;

(iii) Areas of known previous termite activity;

(iv) Areas of known conditions conducive to termite activity;

(v) Areas to be treated and by what means, (i.e.: slab injection, trenching).

(2) A copy of the signed customer contract and any warranty information provided to the customer, including any job specific exclusions, limitations or amendments.

(3) An original or legible copy of the original label for any pesticide used.

(4) The signature of approval on the proposed treatment diagram by a qualified supervisor licensed in the wood destroying organism category who is employed by or associated with the applicator making the proposal.

(5) For termite baiting programs:

(i) The number and locations of baiting and monitoring stations to be installed;

(ii) All service inspections of termite bait stations must be kept as part of that customer’s service record and service frequency must be performed as recommended by the manufacturer's label requirements.

Subpart B Recordkeeping Requirements for Private Applicators 6.05. Licensed private applicators shall maintain accurate and legible records of each restricted use pesticide application in accordance with all regulations of the United States Department of Agriculture’s federal pesticide recordkeeping requirements set forth in the Code of Federal Regulations at 7 C.F.R. Part 110 (2017) (as incorporated herein by reference). Pursuant to § 35- 10-111 of the Act, such records shall be retained for a period of two years from the date of the pesticide application.

Part 7. Business Practices, Equipment Identification, Notices. 7.01. Equipment identification.

(a) For the purposes of subparagraphs (b) and (c) below, the term “company business name” includes any name or trademark registered with the Colorado Secretary of State, any doing business as name as submitted in the licensee’s application, and any company logo that clearly communicates the licensee’s business name.

(b) Commercial applicator equipment identification:

(1) All motor vehicles, trailers, and mobile application equipment while used by or on behalf of any licensee for applying or carrying pesticides shall be identified by displaying thereon, in letters not less than two inches high, the company business name and, in letters not less than one inch high, the city and state of said licensee's place of business. Such lettering on a licensee's equipment shall be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall be identified on both sides of the vehicle. This Part 7.01(b)(1) shall not apply to aircraft, small capacity sprayers with less than a tengallon capacity, and application equipment mounted on vehicles marked in accordance with these Rules.

(2) Vehicles with a spray tank holding more than a ten-gallon capacity that due to the size or design of the vehicle do not provide sufficient surface area to comply with the identification requirements outlined in Part 7.01(b)(1) shall be identified by displaying thereon, in letters not less than one inch high, the company business name of said licensee. Such lettering on a licensee's equipment shall be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall, at a minimum, be identified on one side of the vehicle.

(c) Public applicator equipment identification:

(1) Any public applicator registered with the Department shall identify all motor vehicles, trailers, and mobile application equipment while used by or on behalf of such registrant for applying or carrying pesticides by displaying, in letters not less than two inches high, the city or state name, or a logo identifying the registered public entity they represent. Such lettering on a registrant's equipment shall be positioned and maintained so as to be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall be identified on both sides of the vehicle. This Part 7.01(c)(1) shall not apply to aircraft, small capacity sprayers with less than a ten-gallon capacity, and application equipment mounted on vehicles marked in accordance with these Rules.

(2) Vehicles with a spray tank holding more than a ten-gallon capacity that due to the size or design of the vehicle do not provide sufficient surface area to comply with the identification requirements outlined in Part 7.01(c)(1) shall be identified by displaying thereon, in letters not less than one inch high, the city or state name, or logo, identifying which public entity they represent. Such lettering on a registrant's equipment shall be clearly legible, and shall not be rendered difficult to read or illegible by means of paint fading, scuffing, wear and tear, damage, or any other cause. Any motor vehicle so identified shall, at a minimum, be identified on one side of the vehicle. 7.02. All licensees must inform the Commissioner, in writing, of any change in their address or telephone number. 7.03. Each qualified supervisor or certified operator must notify the Commissioner in writing when he or she begins employment with a commercial, registered limited commercial, or registered public applicator, terminates employment, or when he or she changes branches, divisions, satellite offices or employers. Such notification shall be within 15 days of said employment, termination, or change. 7.04. Each commercial, registered limited commercial, and registered public applicator must notify the Commissioner in writing when a qualified supervisor in its employ terminates employment, or changes branches, divisions or satellite offices, or when adding a qualified supervisor to its staff.

Such notification shall be within 15 days of said termination, change, or addition. 7.05 The original product container with labeling or a copy of the pesticide label and any associated labeling for the intended use, for each product in use shall be in the possession of the commercial, registered limited commercial, or registered public applicator employee at the site of application whenever a pesticide application is performed. This Part 7.05 shall not apply to aerial applicators, private applicators, or Endangered Species Protection bulletins referenced on the label.

Part 8. Agricultural Applicators. 8.01. The agricultural classification includes the following categories:

(a) Category 101: Agricultural Insect Control: the application of pesticides to agricultural plants, including applications performed on pastures, croplands and non-crop agricultural lands, to control invertebrate pests, including insects, mites, slugs, snails, and nematodes.

(b) Category 102: Agricultural Plant Disease Control: the application of pesticides to agricultural plants, including applications performed on pastures, croplands and non-crop agricultural lands, to control plant diseases.

(c) Category 103: Agricultural Weed Control: the application of pesticides to agricultural lands, including pastures, croplands and non-crop agricultural lands, to control weeds.

(d) Category 104: Seed Treatment: the application of pesticides to seeds on agricultural establishments as defined at 40 C.F.R. § 170.3 (as incorporated herein by reference) or seed treatment facilities.

(e) Category 105: Livestock Pest Control: the application of pesticides to livestock.

(f) Category 106: Forest Pest Control: the application of pesticides in forests, forest nurseries, forest seed producing areas managed for the production of timber and other forest products or maintained as wood vegetation for such indirect benefits as protection of catchment areas or public recreation, including windbreaks and downed timber. For applications in forested areas within fifty (50) feet of a residential or commercial structure, an applicator must also hold the ornamental pest control category in accordance with

Part 9 of these Rules and comply with all of the posting and notification requirements in

Section 35-10-112, C.R.S., of the Pesticide Applicators' Act. This additional certification in the ornamental pest control category shall not apply to aerial applicators or ground applications made by federal, state, or local governments on property they own. This category does not apply to pesticide applications made to control vertebrate pests.

(g) Category 107: Rangeland Pest Control: the application of pesticides to land which is not managed for turf, pasture or forest on which the vegetation is predominantly native plant species or introduced species managed as native species such as grasses, grass-like plants, forbs or shrubs. Rangelands include but are not limited to natural grasslands, shrublands, deserts, tundras, and meadows. For applications performed in rangeland areas within fifty (50) feet of a residential or commercial structure, an applicator must also hold the turf pest control category in accordance with Part 9 of these Rules and comply with all of the posting and notification requirements in Section 35-10-112, C.R.S., of the Pesticide Applicators' Act. This additional certification in the turf pest control category shall not apply to aerial applicators or ground applications made by federal, state, or local governments on property they own. This category does not apply to pesticide applications made to control vertebrate pests.

(h) Category 108: Aquatic Pest Control: the application of pesticides to standing or running water when made to control weeds, amphibians, fish and other pests in water, except for pesticide applications which are included in the “Public Health” category, at Part 8.01(j).

(1) Category 113: Metam sodium for root control in sewers: the application of metam sodium in sewers to control roots. For purposes of this sub-category, “sewer” shall mean any artificial conduit for the transmission of wastewater to a wastewater treatment plant.

(i) Category 109: Industrial and Right-of-Way Weed Control: the application of pesticides to maintain roads, sidewalks, trails, paths, utility lines, railways, parking lots, drilling rigs, substations, open irrigation and drainage structures or similar areas and adjacent land within right of ways associated with such areas for the purpose of establishing or maintaining definable cover or bare ground.

(j) Category 110: Public Health Pest Control: The application of pesticides for the control of pests having medical or public health importance, except vertebrates. This category applies to non-government commercial applicators who use pesticides for the management and control of pests having public health importance.

(1) Category 110G: Government-Sponsored Public Health Pest Control: The application of restricted use pesticides in government-sponsored public health programs for the control of pests having medical or public health importance.

(k) Category 111: Research and Demonstration: the application of pesticides in the course of conducting field research or demonstration. No license or certification will be issued in this category unless the applicant also obtains licensing or certification, in the specific category listed in these Rules, which is appropriate to the research activity.

(l) Category 114: Aerial Pest Control: The application of pesticides by unmanned aerial vehicle (UAV), fixed or rotary wing aircraft.

(1) The Aerial Pest Control category must be held in addition to the pest management category for the aerial application being made.

(2) The Aerial Pest Control category may be obtained by successfully passing an approved Aerial Pest Control Certification examination offered by the Colorado Department of Agriculture or any state with an approved Environmental Protection Agency Certification Plan. Proof of a passing score obtained within the last 12 months with exam results 70% or better must be provided to the Department with the application.

3. A reciprocal Aerial Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state’s license.

4. Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Aerial Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the licensure category and the applicator will be required to retest.

(m) Category 309A: Soil Fumigation Pest Control: For the use of a fumigant designated as a restricted use pesticide to control pests in soil.

(1) The Soil Fumigation Pest Control category must be held in addition to the Agricultural Pest Management Category for the fumigation application being made.

(2) The Soil Fumigation Pest Control category may be obtained by successfully passing the Soil Fumigation Pest Control Certification examination offered by the Colorado Department of Agriculture.

(3 A reciprocal Soil Fumigation Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state’s license.

(4) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Soil Fumigation Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the license category and the applicator will be required (5) The Soil Fumigation Pest Control category does not allow application of fumigants to control pests in structures as described in category 303, Structural Fumigation Pest Control, or to control pests in non-soil sites, such as burrowing rodent control, described in category 309B: Non-Soil Fumigation Pest Control. To make such applications, a commercial applicator must hold category 303, category 309B, or, if applicable, both. 8.02. Applicants for licensing as a qualified supervisor in the agricultural pest control categories, except the metam sodium for root control in sewers sub-category, must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing.

(a) Said applicant shall have obtained a minimum of eight months field experience in agricultural pest control.

(b) If said applicant has earned college or university credit in agricultural pest control or related fields, such credit may be combined with field experience in agricultural pest control in order to qualify for licensing as a qualified supervisor, as follows:

(1) Two years college credit and two months field experience in agricultural pest control; or (2) One year college credit and five months field experience. 8.03. Commercial applicators classified in the agricultural categories shall provide the following notices of pesticide applications.

(a) Prior to each application, the customer shall be informed of: (1) the pesticide(s) to be applied, (2) the site of application, (3) applicable re-entry intervals, (4) applicable grazing intervals, (5) applicable pre-harvest interval, and (6) any precautionary statements contained on the applicable pesticide label(s). This notice may be oral.

(b) After the application, the applicator shall promptly furnish the customer with a written notice which states: (1) the pesticide(s) applied; (2) the amount of each pesticide applied;

(3) the date of application; (4) the site of application; (5) applicable re-entry intervals; (6) applicable grazing intervals; (7) applicable crop rotation intervals; and (8) any precautionary statements contained on the pesticide label(s).

(c) An applicator may furnish the information specified in Parts 8.03(a)(3) through (6), and/or Parts 8.03(b)(5) through (8) above, by giving the customer a copy of the applicable pesticide label(s).

(d) In the event that a commercial applicator classified in the agricultural categories performs an application at a site which is occupied by someone other than the applicator's customer, the applicator shall be responsible for giving the notices required by Parts 8.03(a) and (b) above to the person(s) who are occupying the site, as well as to the customer. This Part 8.03(d) does not apply to applications to crops or to large-scale pest control programs.

(e) Notices in this Part 8.03 may be provided electronically when the following conditions (1) Commercial applicators must obtain a written request from each customer and occupant confirming their request to obtain any notice required by these Rules electronically.

(2) A commercial applicator must maintain a record of the written request(s) for electronic notices from each customer and occupant.

(3) A commercial applicator that does not have a record of the written request(s) for electronic notices on file at the time of an application must provide a notice as outlined in Parts 8.03(a) - (d).

(f) Commercial, registered limited commercial, or registered public applicators must comply with all applicable signage requirements for aquatic applications in Part 13 below. 8.04 An applicant for licensing in the sub-category of metam sodium for root control in sewers shall satisfy each of the following requirements:

(a) In addition to any other required examination, an applicant must take and pass the specific examination for this sub-category, but not the examination for the aquatic pest control category.

(b) An applicant for licensing as a qualified supervisor in this sub-category must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing.

(1) An applicant shall have obtained a minimum of 40 hours of field experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers; or (2) If an applicant has a Level 2 or 3 wastewater collection certification issued by the Colorado Water Distribution and Wastewater Collection Systems Council, or a Class A, B, or C wastewater treatment plant operator certification issued by the Colorado Department of Public Health and Environment pursuant to Title 25,

Article 9 of the Colorado Revised Statutes, the applicant shall have obtained a minimum of 20 hours of field experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers.

(c) Each applicator technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in this subcategory shall have at a minimum 32 hours of training:

(1) At least 8 of which shall be classroom-instructional training covering: applicable equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety; and (2) At least 24 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. No more than 16 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety.

(d) Each sales technician working for a commercial applicator licensed in this sub-category shall have at a minimum 32 hours of training:

(1) At least 8 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, pesticides and their families, pest management, pesticide label and (2) At least 16 hours of which shall be on the job training. At least 8 hours of this training shall be conducted by a licensed qualified supervisor or a licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. No more than 8 hours of said on the job training may be conducted by an experienced technician trained by the applicator. Said training shall cover: environmental precautions, pesticides and their families, pest management, pesticide label and labeling, host and pest identification, and public safety; and (3) The remaining 8 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor.

(e) Each applicator technician or sales technician continuing to work for the same commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in this sub-category shall have after the first season of experience, at a minimum, the following on-going training: 4 hours of training conducted by a licensed qualified supervisor or licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. The qualified supervisor shall determine from those topics enumerated above in Parts 8.04(c)(1) and (2) the training required. Said training may be either classroominstructional or on the job training as determined by the qualified supervisor.

(f) Each new hire experienced technician working for a commercial applicator, registered limited commercial applicator, or registered public applicator licensed or registered in this sub-category shall have at a minimum 16 hours of training:

(1) At least 4 hours of which shall be classroom-instructional training covering: applicable State, Federal, and local laws and regulations, environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(2) At least 8 hours of which shall be on the job training conducted by a licensed qualified supervisor or a licensed certified operator, which licensed certified operator has at least 20 hours of experience in the application of pesticides in sewers, including, but not limited to, metam sodium for root control in sewers, within the last 2 years. Said training shall cover: environmental precautions, use, equipment and calibration, pesticides and their families, pest management, applicator safety, pesticide label and labeling, host and pest identification, and public safety;

(3) The remaining 4 hours shall be divided between classroom-instructional training and on the job training as the need is determined by the qualified supervisor; and (4) Experienced sales technicians are not required to complete training in use, equipment and calibration, nor applicator safety.

Part 9. Ornamental Applicators. 9.01. The ornamental classification includes the following categories:

(a) Category 206: Turf Pest Control: the application of pesticides to: (1) managed turf to control invertebrate pests, including insects, mites, slugs, snails, and nematodes, or to control plant diseases or weeds; (2) ornamental beds to control weeds; (3) xeriscaped or similar areas covered in mulch or other media to control weeds; or (4) sidewalks, driveways, paved areas other than parking lots or bare ground located on private or public property and that are not located in the zoned right-of-way to control weeds.

(1) Managed turf or ornamental beds located in a zoned right-of-way may be treated under this Category 206 or Category 109, as defined under Part 8.01(i).

(2) When making applications to managed turf or ornamental beds in right-of-way areas, all notification requirements applicable to Category 206 apply.

(3) Managed turf for this Part 9 is defined as ground cover that is watered, mowed, seeded, or regularly maintained for defined ground cover.

(b) Category 207: Ornamental Pest Control: the application of pesticides to ornamental trees, shrubs, beds, flowers and other ornamental plants, except turf or indoor ornamental plants, to control invertebrate pests, including insects, mites, slugs, snails and nematodes, or to control plant diseases. 9.02. Applicants for licensing as a qualified supervisor in the turf category, described in Part 9.01 (a) must have the following experience or equivalents. Such field experience must have been obtained within the two years immediately preceding the date of the applicant's application for licensing. Experience in the application of pesticides gained by the applicant in the maintenance of his own home shall not constitute experience which will satisfy experience requirements imposed by these Rules.

(a) Said applicant shall have obtained at least four months of field experience in turf pest control.

(b) If said applicant has earned college or university credit in turf pest control or related fields, such credit may be combined with field experience in order to qualify for licensing, as follows:

(1) Two years college credit and one month field experience; or (2) One year college credit and two and one-half months field experience. 9.03. Applicants for licensing as a qualified supervisor in the ornamental category described in Part 9.01(b) must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing. Experience in the application of pesticides gained by the applicant in the maintenance of his own home shall not constitute experience which will satisfy experience requirements imposed by these Rules.

(a) Said applicant shall have obtained at least eight months field experience in ornamental pest control, gained within not less than two calendar years.

(b) If said applicant has earned college or university credit in ornamental pest control or related fields, such credit may be combined with field experience in order to qualify for licensing as a qualified supervisor, as follows:

(1) Two years college credit and four months field experience; or (2) One year college credit and six months field experience in ornamental pest control. 9.04. Commercial applicators classified in the ornamental category shall provide the following notices of pesticide application:

(a) Except as provided below, at the time any pesticide is applied, the commercial applicator shall leave for each customer, or for an individual at each location where an application was made if different from the customer's address, a printed or legibly written statement disclosing the fact that a pesticide has been applied, naming the pesticide or pesticides applied, the date of application, and containing such precautionary statements appearing on the pesticide's label as are necessary or appropriate to avoid endangering the health of persons or animals, or to avoid an unreasonable risk of harm to property.

(b) When any pesticide is applied at a commercial property or any other site managed or owned by an off-site organization or entity where an owner of the site or an agent of an owner of the site is not present at the site, the commercial applicator shall, promptly after the application, furnish the customer with a written statement that includes the name of the pesticide(s) applied, the date of the application, and such precautionary statements appearing on the pesticide's label as are necessary or appropriate to avoid endangering the health of persons or animals, or to avoid an unreasonable risk of harm to property.

This precautionary information may be furnished by giving the customer a copy of the label(s) of any pesticide applied.

(c) When any pesticide is applied at a multi-unit dwelling site where an owner of the site or an agent of an owner of the site is not present at the site, the commercial applicator shall, promptly after the application, furnish the customer with a written statement containing the information required in Part 9.04(b) above and shall post notice-of-application signs containing the information required by § 35-10-112(2)(d), C.R.S.

(d) Notices in this Part 9.04 may be provided electronically when the following conditions (1) Commercial applicators must obtain a written request from each customer or an individual at each location where an application was made if different from the customer's address, confirming their request to obtain any notice required by these Rules electronically.

(2) A commercial applicator must maintain a record of the written request(s) for electronic notices from each customer or an individual at each location where an application was made if different from the customer's address.

(3) A commercial applicator that does not have a record of the written request(s) for electronic notices on file at the time of an application must provide a written notice as outlined in Parts 9.04(a) through (c).

(4) Electronic notices are not sufficient to meet the requirement in this Part 9.04(c) for posting a written notice-of-application sign at any multiunit dwelling site when common areas have been treated and the owner of the site or agent of the owner of the site is not present at the site.

(e) Commercial, registered limited commercial, or registered public applicators must comply with all applicable signage requirements in Parts 12 and 13 below.

Part 10. Structural Applicators. 10.01. The structural pest control classification includes the following categories.

(a) Category 301: Wood Destroying Organism Pest Control: the application of pesticides to control termites, carpenter ants, powder post beetles, fungi, and/or other wood destroying organisms in structures and/or adjacent outside areas.

(b) Category 302: Outdoor Vertebrate Pest Control: the application of pesticides intended for preventing, destroying, repelling or mitigating any reptile, bird, feral dogs and cats, moles, voles, bats, wild carnivores, rabbits, skunks, amphibian pests not in water and any other vertebrate pest, except rats and mice.

(c) Category 303: Structural Fumigation: the application of a fumigant designated as a restricted use pesticide to one or more rooms in a structure or to the entire structure at a desired concentration and for a length of time necessary for the control of rodents and/or insect pests, including the application of a fumigant to a localized space or harborage within a structure, including but not limited to railcars, storage containers, grain storage silos or other enclosures, including tarpaulin fumigations, for insect and/or rodent control.

This category is required for the use of a fumigant in any licensure category authorized by Title 35, Article 10, when the application of the fumigant is made to or in a structure as defined in Part 1.02(m).

(d) Category 304: Residential/Commercial Pest Control: the application of pesticides or bait stations intended for use for preventing, destroying, repelling or mitigating structural pests, including without limitation insects and rodents. However, this category does not include the application of fumigants, as defined in Part 10.01(c) above, or actions taken to control wood destroying organisms, outdoor vertebrates, or grain storage pests.

(e) Category 305: Stored Commodities Treatment: the application of pesticides for the treatment of pests in raw grain stored in facilities which are not used for animal or human habitation; the application of plant growth regulators to agricultural commodities stored in facilities which are not used for animal or human habitation; and the application of pesticides to commodity processing equipment or commodity storage facilities (not including offices or other structures). This category does not cover applications made to control pests in potato storage facilities covered by Category 308.

(f) Category 306: Wood Preservation and Wood Products Treatment: the application of pesticides to prevent, destroy, repel or mitigate pests in wood or wood products which are, or are capable of being, incorporated into a structure, not including downed timber prior to bark removal or sawing.

(g) Category 307: Interior Plant Pest Control: the application of pesticides to house plants and other indoor ornamental plants kept or located within structures occupied by humans, including, but not limited to houses, apartments, offices, shopping malls, other places of business and other dwelling places, to control invertebrate pests that adversely affect such plants, including insects, mites, slugs, snails and nematodes; and to control plant diseases.

(h) Category 308: Post-Harvest Potato Pest Control: the application of pesticides for the treatment of pests in raw potatoes stored in facilities which are not used for animal or human habitation; the application of plant growth regulators to potatoes stored in facilities which are not used for animal or human habitation; and the application of pesticides to potato processing equipment or potato storage facilities (not including offices or other structures).

(i) Category 309B: Non-Soil Fumigation Pest Control: For the use of a fumigant designated as a restricted use pesticide to control pests in non-soil sites, such as burrowing rodent control, not otherwise addressed in category 303, Structural Fumigation Pest Control.

(1) The Non-Soil Fumigation Pest Control category must be held in addition to the Structural Pest Management category for the fumigation application being made.

(2) The Non-Soil Fumigation Pest Control category may be obtained by successfully passing the Non-Soil Fumigation Pest Control Certification examination offered by the Colorado Department of Agriculture.

(3) A reciprocal Non-Soil Fumigation Pest Control license may be issued if the license, issued by a state with an approved Environmental Protection Agency Certification Plan with the equivalent category, is current and in good standing. A reciprocal license will expire on the date of the original issuing state’s license.

(4) Applicators must obtain at least one (1) Pest Management Continuing Education Credit in Non-Soil Fumigation Pest Control prior to the expiration of the license to renew the category. Failure to obtain at least one continuing education credit will result in the expiration of the license category and the applicator will be required (5) The Non-Soil Fumigation Pest Control category does not allow application of fumigants to control pests in structures as described in category 303, Structural Fumigation Pest Control, or application of fumigants to control pests in soil as described in category 309A: Soil Fumigation Pest Control. To make such applications, a commercial applicator must hold category 303, category 309A, or, if applicable, both. 10.02. An applicant for licensing as a qualified supervisor in the structural pest control categories of wood destroying organisms, residential/commercial pest control, and fumigation must have the following field experience or equivalents. Such field experience must have been obtained during the five years immediately preceding the date of the applicant's application for licensing.

Experience using pesticides gained while the applicant was maintaining his own home, or performing janitorial or maintenance duties for another in a residential, industrial or commercial location will not satisfy experience requirements imposed by these regulations.

(a) Said applicant must have obtained at least twenty-four months field experience in structural pest control. In addition, an applicant for licensing as a qualified supervisor in the structural pest control category of wood destroying organisms must have obtained, within the two years immediately preceding the date of the applicant's application for licensing, at least 100 hours of verifiable field experience in termite control. A minimum of 30 of said 100 hours must consist of verifiable “hands-on” field experience covering drill and inject and other post-treat methods and applications. Any or all of the 100 hours may be obtained in courses approved by the Commissioner.

(b) If said applicant has earned college or university credit in structural pest control or related fields, such credit may be combined with field experience in related categories of structural pest control in order to qualify for licensing as a qualified supervisor, as follows:

(1) Four years college credit and four months field experience; or (2) Three years college credit and nine months field experience; or (3) Two years college credit and fourteen months field experience; or (4) One year college credit and nineteen months field experience. 10.03. An applicant for licensing as a qualified supervisor in the structural pest control categories of outdoor vertebrates, wood preservation and wood products treatment, stored commodities treatment, post-harvest potato pest control, or interior plant pest control must have the following field experience or equivalents. Such field experience must have been obtained within the five years immediately preceding the date of the applicant's application for licensing:

(a) Said applicant must have obtained at least eight months field experience in the related categories of structural pest control.

(b) If said applicant has earned college or university credit in the related categories of structural pest control, such credit may be combined with field experience in related categories of structural pest control in order to qualify for licensing as a qualified supervisor, as follows:

(1) Two years college credit and two months field experience; or (2) One year college credit and five months field experience. 10.04. At the time of a pesticide application, a commercial applicator licensed in any structural pest control category shall leave for each customer, a printed or legibly written notice stating the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide or device as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property. 10.05. In the event that the customer is not the occupant, at the time of a pesticide application a commercial applicator licensed in any structural pest control category shall leave for the occupant, a printed or legibly written notice stating the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide or device as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property. 10.06. Notices in Parts 10.04 and 10.05 may be provided electronically when the following conditions (a) Commercial applicators must obtain a written request from the customer or the occupant, as required, confirming their request to obtain any notice required by this Rule electronically.

(b) A commercial applicator must maintain a record of the written request(s) for electronic notices from each customer or occupant.

(c) A commercial applicator that does not have a record of the written request(s) for electronic notices on file at the time of an application must provide a written notice as outlined in Parts 10.04 and 10.05. 10.07 When making pesticide applications within a multiunit dwelling site and the owner of the site or agent of the owner of the site is not present at the site, a commercial applicator must post a written notice at the primary entrance(s) to interior common area(s) that has been treated. The notice shall state the name of each pesticide applied, the date applied, and such precautionary statements from the label of the pesticide or device as are necessary or appropriate to avoid endangering human or animal health, or to avoid creating an unreasonable risk of damage to property. Electronic notices may not be used to meet this requirement. 10.08. Bed Bug Reporting Requirements in accordance with C.R.S. 38-12-1003 and 1004:

(a) A commercial applicator, qualified supervisor, or certified operator inspecting a tenant’s dwelling unit or any dwelling unit contiguous to a tenant’s dwelling unit in single-family or multi-unit dwellings, in accordance with C.R.S. 38-12-1003, must provide a report of all bed bug activity that the commercial applicator, qualified supervisor, or certified operator identifies within the dwelling or any contiguous dwelling unit at the time of inspection, to the landlord within twenty-four hours of the inspection. Including:

(1) Units affected by bed bug activity; and (2) Remediation recommendations.

(b) A commercial applicator , qualified supervisor, or certified operator inspecting a tenant’s dwelling unit or any dwelling unit contiguous to a tenant’s dwelling unit in single-family or multi-unit dwellings, in accordance with C.R.S. 38-12-1004, shall advise the tenant that any furniture, clothing, equipment, or personal property identified as having bed bug activity should not be removed from the dwelling unit until a pest control agent retained by the landlord determines that any bed bug treatment determined to be necessary has been completed.

(c) A commercial applicator, qualified supervisor, or certified operator providing any report in accordance with C.R.S. 38-12-1003 shall retain a copy of any such report required in Part 10.08(a) for three years.

Part 11. Storage.

Subpart A Storage Requirements for Commercial, Registered Limited Commercial, Registered Public Applicators 11.01. All commercial, registered limited commercial, or registered public applicators shall store pesticide concentrates and dilute mixtures using methods which are reasonably calculated to prevent the contamination of other products by means of volatilization, leakage, breakage or other causes, and which are reasonably calculated to avoid the creation of an unreasonable risk of harm to persons, property, domestic or wild animals, or the environment. 11.02. Pesticide storage areas shall be kept clean and orderly, and pesticide containers shall be positioned so that they are not exposed to unreasonable risk of damage to the containers or their labels. 11.03. Indoor pesticide storage areas shall be secured from access by unauthorized persons, including the general public, and locked when the building is unoccupied by an applicator or his employees. 11.04. Outdoor pesticide storage areas shall be fenced or walled, and locked. Pesticides and pesticide containers shall be covered or otherwise protected from the elements, in a manner which is reasonably calculated to minimize the risk of damage to labels, and to avoid the creation of an unreasonable risk of harm to persons, property or domestic or wild animals. 11.05. Pesticide storage areas shall be marked with a sign or signs, in letters at least one inch high, warning that pesticides are stored within and communicating the highest toxicity category any person may be exposed to within the storage area (i.e.: Danger, Danger skull and crossbones, Warning, Caution), such as: “Danger, Pesticide Storage, Authorized Personnel Only.” Signage must also provide emergency contact information, in letters at least one half inch high and must state: “In case of emergency, contact: (name) at (telephone number).” Compliance with this Part 11.05 is not necessary for any person who has marked their pesticide storage areas with signs that comply with local fire department requirements. Applicators must obtain written confirmation from the local fire department if no sign(s) is required and maintain this record for inspection by the department. 11.06. Each commercial, registered limited commercial, or registered public applicator storing pesticides shall inform the local fire department of the location of the pesticide storage, and shall provide the fire department with safety data sheets for all pesticides held at the location. 11.07. Each commercial, registered limited commercial, or registered public applicator who stores pesticides shall have available, at each storage location, in good working order, one or more fire extinguishers rated for chemical fires, and materials for use in cleaning up pesticide spills. 11.08. A service container that is not at all times in the immediate custody or control of a qualified supervisor, certified operator, or technician shall have prominently displayed thereon the following information from the label affixed to the pesticide's original container: the common name of each active ingredient, if there is such a common name, or the chemical name of each active ingredient; the EPA Registration Number; each and every human hazard signal word shown on the label, and the name of the commercial, registered limited commercial, or registered public applicator. For purposes of this Part 11.08, “service container” shall mean any container holding pesticide, whether in a concentrated or diluted form, other than the pesticide's original container, that is of a size and capacity that permits it to be carried or moved by only one individual, unaided by any tool or apparatus; and “human hazard signal word” shall mean those human hazard signal words required by the U.S. Environmental Protection Agency in its rules and regulations at 40 C.F.R. § 156.10(h) (2017) (as incorporated herein by reference), to be shown on the front panel of the label affixed to the pesticide's original container. Compliance with this Rule is not necessary if the service container is marked in compliance with the rules and regulations of the occupational safety and health administration, U.S. Department of Labor at 29 C.F.R. § 1910.1200 and appendices A through E, inclusive, thereto (2017) (as incorporated herein by reference), applicable to hazard communication for chemicals.

Subpart B Storage Requirements for Licensed Private Applicators 11.09. All licensed private applicators shall store pesticide concentrates and dilute mixtures using methods which are reasonably calculated to prevent the creation of an unreasonable risk of harm to persons, property, domestic or wild animals, or the environment. 11.10. Pesticide containers shall be stored so that they are not exposed to unreasonable risk of damage to the containers or their labels. 11.11. Pesticides and pesticide containers, stored in outdoor pesticide storage areas, shall be covered or otherwise protected from the elements, in a manner which is reasonably calculated to minimize the risk of damage to labels, and to avoid the creation of an unreasonable risk of harm to persons, property or domestic or wild animals.

Part 12. Registry of Pesticide-Sensitive Persons. 12.01. Persons who apply to be placed on the pesticide-sensitive registry, which registry is hereby established, shall complete and submit an application for said registry. Said application shall be on a form provided by the Commissioner. The application shall include a statement of proof of medical justification by a physician licensed in the state of Colorado for the person who will be listed on the pesticide-sensitive registry. 12.02. Persons who apply to be placed on the registry or who apply for renewal of their registration shall list those addresses which abut their principal place of residence. Persons who apply to be placed on the registry or who apply for renewal of their registration may also include their principal place of employment, their principal school, or both. The principal residential, employment, and school address must be for the person for whom medical justification has been provided in accordance with Part 12.01. For the purpose of this Part 12, “school” means public and charter schools, as those terms are defined at § 22-1-101, C.R.S., as well as private schools that are supported in whole or in part by tuition payments or private donations, that serve as educational institutions for students in pre-kindergarten or kindergarten through twelfth grade or any portion thereof. 12.03. Each registration shall expire on November 1 of each year. 12.04. Each person shall report to the Commissioner, on a form provided by the Commissioner, any change to the information provided in such person's application or in such reports previously submitted, within fifteen days of such change. 12.05. Each person shall make an application to renew his registration on or before the first working day of November for the year of renewal. Said application shall be on a form provided by the Commissioner. The renewal application form shall include a statement of proof of medical justification by a physician licensed in the state of Colorado, which must be submitted every two years.

Subpart A Ornamental Notification 12.06. A commercial, registered limited commercial, or registered public applicator shall take reasonable actions to give notice of the date, approximate time, and address or location of the property to be treated for each and every turf or ornamental pesticide application, prior to the application, to any person:

(a) Who principally resides on property which abuts the property to be treated and whose name is on the published registry.

(b) Whose principal employment address, principal school address, or both appear on the published registry and when an application is to be made to the principal employment address, the principal school address, or both.

(c) Whose principal residential address is within 250 feet of a property being treated and when that property being treated is entirely located within 250 feet of the pesticidesensitive person’s principal residential address, as measured by the Department’s 250foot searchable database. 12.07. Manner of notification for turf or ornamental applications:

(a) Notification of each pesticide application to a property that abuts the principal residential address or to the principal employment address, principal school address, or both provided by the pesticide-sensitive person in his/her application must be communicated to the pesticide-sensitive person.

(1) Unless making electronic notifications pursuant to Part 12.07(b), an applicator must notify any owner or tenant who is on the registry verbally or in writing and confirm receipt of notice.

(2) If the attempts at notice described in 12.07(a)(1) fail or cannot be confirmed, and a pesticide application is necessary, the commercial, registered limited commercial, or registered public applicator shall attempt to notify the pesticidesensitive registrant in person immediately prior to the application by placing notice on the door of the pesticide-sensitive person’s principal place of residence.

(3) All attempts at notice described in 12.07(a)(1) must be made twenty-four hours or more prior to the application.

(4) Notice may be by any method, including telephone, mail, or personal notification.

(b) Electronic Notification:

(1) If an applicator provides notification to the pesticide-sensitive person electronically pursuant to § 35-10-112(1)(a)(III), C.R.S., only one notification is required, provided there has been no change to date, time, or location of the pesticide application communicated in the original electronic notice.

(2) Any change to the date, time, or location of the application must be communicated in a new electronic notification no later than twenty-four hours before the application.

(3) If a pesticide-sensitive person fails to acknowledge receipt of the applicator’s electronic notification, the applicator is not required to make the additional notification attempts described in Part 12.07(a)(2) above.

(4) An applicator must maintain a record confirming that the applicator provided electronic notice to the pesticide-sensitive registrant in order for the single notification requirements in this Part 12.07(b) to apply.

(5) If an electronic means of notification is unavailable, the applicator must comply with Part 12.07(a)(2) and (3) above.

(6) Electronic notification for purposes of this rule means text, e-mail or other electronic method of communication. It does not include voicemail messages, physical mail, social media posts or other means delivered physically or verbally.

Subpart B Structural Notification 12.09. A commercial, registered limited commercial, or registered public applicator shall take reasonable actions to give notice of the date and approximate time of any wood-destroying, residential/commercial, or interior plant pest control pesticide application, made to multi-unit dwellings, prior to the application, to any person who resides in the multi-unit dwelling to be treated and whose name is on the published registry unless otherwise noted in Part 12.11. 12.10. Manner of notification for structural applications:

(a) Notification of each pesticide application to a multi-unit dwelling where a pesticidesensitive person resides must be communicated to the pesticide-sensitive person.

(1) Unless making electronic notifications pursuant to Part 12.10(b), an applicator must notify any owner or tenant who is on the registry verbally or in writing and confirm receipt of notice.

(2) If the attempts at notice described in Part 12.10(a)(1) fail or cannot be confirmed, and a pesticide application is necessary, the commercial, registered limited commercial, or registered public applicator shall attempt to notify the pesticidesensitive registrant in person immediately prior to the application by placing notice on the door of the pesticide-sensitive person’s principal place of residence (3) All attempts at notice described in 12.10(a)(1) must be made twenty-four hours or more prior to the application.

(4) Notice may be by any method, including telephone, mail, or personal notification.

(b) Electronic Notification:

(1) If an applicator provides notification to the pesticide-sensitive person electronically pursuant to § 35-10-112(1)(a)(III), C.R.S., only one notification is required, provided there has been no change to date, time, or location of the pesticide application communicated in the original electronic notice.

(2) Any change to the date, time, or location of the application must be communicated in a new electronic notification no later than twenty-four hours before the application.

(3) If a pesticide-sensitive person fails to acknowledge receipt of the applicator’s electronic notification, the applicator is not required to make the additional notification attempts described in Part 12.10(a)(2) above.

(4) An applicator must maintain a record confirming that the applicator provided electronic notice to the pesticide-sensitive registrant in order for the single notification requirements in this Part 12.10(b) to apply.

(5) If an electronic means of notification is unavailable, the applicator must comply with Part 12.10(a)(2) and (3) above.

(6) Electronic notification for purposes of this rule means text, e-mail or other electronic method of communication. It does not include voice mail messages, physical mail, social media posts, or other means delivered physically or verbally 12.11. The following circumstances do not require notification, as outlined in Part 12.09, by structural applicators:

a) Emergency structural applications needed to ensure the safety or welfare of the general public, where it is not reasonably possible to comply with the notification requirements outlined in Part 12.09.

(1) Applications specified in this Part 12.11(a) require the applicator to attempt to notify any owner or tenant who is on the registry immediately prior to the application.

(2) Upon completion of the pesticide application, the applicator shall leave for each person on the registry, a printed or legibly written notice stating the name of each pesticide applied, the date and time the application was made, placement of the treatment, and such precautionary statements from the label of the pesticide that are necessary or appropriate to avoid endangering the pesticide sensitive person’s health.

(3) The notification requirement in this Part 12.11(a) is in addition to the requirements for the notice of application outlined in Parts 10.04 and 10.05 of these Rules.

b) The use of rodenticide baits or insecticide baits that are in any of the following formulations: gel baits, solid baits, granular, or self-contained bait stations that prevent contact with the insecticide or rodenticide. Applications shall only be applied to common areas, in a manner where no physical contact can be made with the pesticide, or units, other than the pesticide sensitive person’s individual dwelling unit. Compliance with the notice of application requirements in Parts 10.04 and 10.05 of these Rules are still required.

Part 13. Notification of Pesticide Applications. 13.01. Any commercial, registered limited commercial, or registered public applicator making a pesticide application in any turf or ornamental category shall post, at the time of application, at least one sign as specified in § 35-10-112(2)(c), C.R.S., notifying the public of the application. 13.02. The bottom of each notice-of-application sign must project at least 18 inches above the ground and the top of the sign shall be no higher than 48 inches above the ground. This provision does not apply to notice of application signs required to be posted at golf course clubhouses, which requirements are set forth in Part 13.04 below. 13.03. The sign must be posted on a lawn or yard at the property boundary between two feet and five feet from the sidewalk; if there is no sidewalk, between two and five feet from the road; or, if there is no road, between two and five feet from the property boundary. When landscaping or other conditions block the sign from view or make the sign illegible when posted within the distances specified in this paragraph, additional signs shall be posted in a similar manner such that they are visible and communicate that an application has occurred to the property to any adult or child entering or passing the property. 13.04. Except as noted below for golf courses, for applications made to greenbelts, parks, athletic fields, playgrounds, common property of multi-unit residential and commercial properties, or other similar recreational or common property, the signs must be posted at main entrances to the treated property and within the treated property in a manner that is visible to any adult or child entering or passing by the treated property. When landscaping, distance, or other conditions obstruct the sign(s) from view, additional signs must be posted. For applications on a golf course, the applicator shall post a sign at the clubhouse and at the first tee and the tenth tee notifying the public of the application. Notification signs at golf course clubhouses must be placed in a manner that is conspicuous and easily legible to any adult or child entering the treated area(s). 13.05. Any commercial, registered limited commercial, or registered public applicator making an aquatic pesticide application in any body of water with any legal public access shall post a sign notifying the public of the application at each place of legal public access.

Part 14. Invoice Statement. 14.01. Each commercial applicator shall include the following statement in at least 10 point legible type on the front, either at the top or bottom, of each customer invoice.

Commercial applicators are licensed by the Colorado Department of Agriculture. 14.02. This requirement may be met by any means other than handwriting or hand-printing including without limitation, printing, printed sticker, stamping, or typewriting.

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:

(a) physical illness, injury, or death to one or more individuals;

(b) damage to property, either real or personal; or (c) 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:

(a) any technician not licensed as a certified operator who is 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;

(b) any person working under the on-site supervision of a licensed private applicator for the purposes of raising an agriculture commodity.

(c) Any unlicensed technician or person working under the on-site supervision of a licensed private applicator must be at least 18 years old, except that an unlicensed technician must be at least 16 years old if all of the following requirements are met:

(1) The unlicensed technician is using the restricted use pesticide under the direct supervision of a private applicator who is an immediate family member.

(2) The restricted use pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate.

(3) The unlicensed technician is not applying the restricted use pesticide aerially. 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. 15.04 A qualified supervisor, certified operator or private applicator shall not use or supervise the use of a restricted use pesticide in any category of licensure the person does not hold. 15.05 Any person who operates any device for hire that produces a pesticide as defined in § 35-10- 103(10) C.R.S., must be licensed as a commercial applicator and be licensed as or employ or contract with a qualified supervisor in the appropriate licensure category. It is a violation of these Rules for a commercial applicator to use any such device in a manner inconsistent with labeling directions or these Rules, or in an unsafe or negligent manner.

(a) No such device may be used to treat any pest within a structure, unless otherwise allowed pursuant to Part 15.05(c) below;

(b) Such devices may only be used to control burrowing rodents, unless otherwise allowed pursuant to Part 15.05(c) below;

(c) The Commissioner may approve the use of such device in sites or to control pests other than those listed in Part 15.06(a) if he determines that such use will not pose a risk to the public health or safety. Such use shall be subject to additional requirements or restrictions the Commissioner deems necessary. 15.06 Any commercial applicator using a device for hire that produces carbon monoxide for the control of burrowing rodents must abide by the following application requirements and restrictions in addition to any device labeling directions:

(a) This Part 15.06 applies to commercial applications of carbon monoxide by means of a device to burrow openings of the following rodent species that are located within the specified distances from enclosed structures that are occupied or may be occupied by humans or animals.

(1) Pocket gopher: within 150 feet of such structures;

(2) Prairie dog: within 100 feet of such structures;

(3) Ground squirrel: within 20 feet of such structures;

(4) Rat: within 20 feet of such structures;

(5) Vole: within 11 feet of such structures;

(6) Field mice: within 8 feet of such structures;

(7) Any burrowing rodent species not listed in this Part 15.06(a): within 150 feet of such a structure.

(b) Any commercial applicator using a device to make applications of carbon monoxide to control burrowing rodents within the distances specified in Part 15.06(a) must abide by the following application requirements and restrictions:

(1) All persons or animals occupying any enclosed structure within the distances specified for the type of rodent burrow being treated in Part 15.06(a) must be evacuated from the structure during the application.

(2) If any existing carbon monoxide detectors installed in the structure activate during a burrowing rodent application, all applications within the distances specified for the type of rodent burrow being treated in Part 15.06(a) from the structure must cease immediately.

(3) Following any application listed in Part 15.06(a), applicators must enter and monitor the structure at least one hour after the application has concluded to verify that carbon monoxide levels have not risen above 9 ppm.

(4) Monitoring must be done with a carbon monoxide monitor that can detect carbon monoxide levels as low as 9 ppm. All structures must, through monitoring for carbon monoxide levels by the applicator, be verified to have carbon monoxide levels no higher than 9 ppm prior to any re-entry by the occupant.

(5) Upon any detection of carbon monoxide above 9 ppm, either from detection equipment installed in a structure or from the applicator’s own monitoring equipment, all applications within the distances from the structure specified for the type of rodent burrow being treated in Part 15.06(a) must cease immediately and the following actions must be performed:

(i) The applicator must open all exterior doors of the structure and begin aerating the structure immediately.

(ii) After one hour of aeration, the applicator must enter the structure and verify that carbon monoxide levels have fallen to 9 ppm or less throughout the structure and remain at 9 ppm or less for one hour. If at any time during the monitoring process the applicator’s monitoring equipment detects carbon monoxide levels over 25 ppm, the applicator must leave the structure immediately, continue to aerate the structure, and repeat the monitoring process every hour until carbon monoxide levels fall and remain at 9 ppm or less throughout the structure for one hour.

(iii) Any detection of carbon monoxide above 9 ppm must be recorded in the applicator’s records, including: (1) the time the detection occurred; (2) the level detected if known; (3) the time that levels were confirmed to have fallen to 9 ppm or less throughout the structure and; (4) the name of the applicator that performed the monitoring.

(6) In addition to the written notice required by Parts 10.04 and 10.05 of these Rules, applicators shall provide written precautionary information about carbon monoxide poisoning to the occupant or owner, including the following statement:

“Should you or a family member experience any symptoms associated with carbon monoxide poisoning within 24 hours of this treatment, such as headache, dizziness, weakness, nausea, vomiting, chest pain, or confusion, remove the person from the area where the onset of symptoms occurred and call 911 or seek medical attention.” 15.07 Commercial applicators shall maintain accurate and legible office records of all carbon monoxide device applications made for hire. Such records shall include all of the following information:

(a) Name and address of the person for whom the application was made.

(b) Location where carbon monoxide application was made, if different from Part 15.07(a).

The location of a field application should be fully described. In the case of roadside carbon monoxide applications, the record should include the county or state road number and the portion of roadside to which burrowing rodent treatments were applied, described by reference to mileage markers or prominent features such as road intersections, river or creek crossings.

(c) Specific rodent pest for which the carbon monoxide device application was made.

(d) Location of rodent burrow(s) to which carbon monoxide was applied.

(1) Areas treated within the distances specified in Part 15.06(a) must be recorded by specifying the number of burrow openings treated and the location of each in relation to the structure (e.g.: One prairie dog burrow opening 90 feet West of the residence).

(2) Applications made further than the distances specified in Part 15.06(a) may be recorded with a description of where the applications occurred on the property (e.g.: 10 acres located in the Northeast corner of property).

(3) An applicator may map the area(s) treated to meet this requirement; each application location made to a rodent burrow within the distances specified in

Part 15.06 must be noted individually on the map.

(e) Records shall indicate that the specific pesticide applied is carbon monoxide.

(f) Date and time of application. The record shall indicate the time when the application was started and completed, in hour and minutes, with accuracy within 15 minutes.

(g) Name of the person(s) who made the application (i.e., technician, certified operator, qualified supervisor).

(h) If any detections of carbon monoxide occur, the information required in Part 15.06 (b)(5)(iii).

Part 16. Non-registered Limited Commercial Applicator and non-registered Public Applicator training requirements 16.01. This Part 16 applies to all limited commercial applicators and public applicators, as defined in Sections 35-10-103 (8) and (12), C.R.S., that are not registered with the Department pursuant to

Section 35-10-109, C.R.S. 16.02. Any owner or designee of a non-registered limited commercial applicator and any employee of a non-registered public applicator must be trained prior to:

(a) The use of any general use pesticide that requires mixing or loading of a pesticide into a separate service container or application device.

(b) The use of any ready-to-use general use pesticide on the property of schools, children’s day care facilities, hospitals and health care facilities required to obtain a license from the Colorado Department of Public Health and Environment pursuant to Section 25-3-101, C.R.S., and in children’s playground areas. 16.03 Training is not required for the following uses of general use pesticides:

(a) The use of any anti-microbial pesticides such as those intended to disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms.

(b) The use of any ready-to-use general use pesticide in areas other than those specified in

Part 16.02(b). 16.04. Non-registered limited commercial applicator owners or their designee and all non-registered public applicator employees, before making any pesticide applications as specified in Part 16.02, must obtain training in all of the following subjects; laws and regulations, pesticides and their families, applicator safety, public safety, environmental protection and the use of pesticides.

Persons that are required to be trained may meet these training requirements by:

(a) holding a current qualified supervisor, certified operator or private applicator license in any licensure category; or (b) Taking and passing the qualified supervisor or certified operator general core examination or the private applicator examination within the last five years prior to the application of a pesticide; or (c) Doing one of the following:

(1) Taking and passing the Department’s on-line pesticide training course; or (2) attending any continuing education courses that cover the required subjects and are approved by the Commissioner; or (3) completing any other training that covers all of the above subjects and is approved by the Commissioner. 16.05. Training must be completed, at a minimum, within 3 years prior to the date of any application. 16.06. Training records for each person making applications must be maintained for a period of 3 years by the limited commercial applicator or public applicator.

Part 17. The Use of Pesticides in the Production of Cannabis 17.01. Definition and Construction of Terms for purpose of this Part 17, as used in these Rules unless the context otherwise requires:

(a) “Cannabis” means a plant of the genus Cannabis and any part of the plant.

(b) “Human consumption” means the consumption of cannabis by a person through oral ingestion, absorption through the skin, inhalation through smoking, vaporization or other means.

(c) “Tolerance” means a level of pesticide residue in or on food that the Environmental Protection Agency has determined with reasonable certainty will not pose a hazard to public health when used in accordance with label directions. 17.02. Pesticide Use on Cannabis: These Rules establish the criteria under which certain pesticides may be legally used on cannabis in the State of Colorado. To assist cannabis growers, the Department will publish a list of pesticides that it has determined meet these criteria. As of the effective date of these Rules, there are currently no pesticides that are specifically labeled or have pesticide residue tolerances established for use on cannabis by the federal government or the State of Colorado. The Colorado Department of Agriculture does not recommend the use of any pesticide not specifically tested, labeled and assigned a tolerance for use on cannabis because the health effects on consumers are unknown. 17.03. Any pesticide used in the cultivation of cannabis must be registered with the Colorado Department of Agriculture, except for purposes of research and demonstration conducted in accordance with 40 C.F.R. Part 172 (2017) (as incorporated herein by reference).

Notwithstanding any other requirements in this Part 17, a pesticide on the list published pursuant to Part 17.02 that was registered at the time of purchase, but was not renewed with the Department in the subsequent registration year, may be used within that subsequent registration year until gone, unless the Department has determined that use is prohibited in accordance with

Part 17.05. 17.04. Any pesticide registered with the Colorado Department of Agriculture may be used in accordance with its label or labeling directions for the cultivation of cannabis in the State of Colorado under the following conditions, provided that:

(a) For products registered by the Environmental Protection Agency under Section 3 of the Federal Insecticide, Fungicide, Rodenticide Act, no person may use a pesticide product in the cultivation of cannabis unless:

(1) All active ingredients of the pesticide product are exempt from the requirements of a tolerance, as established under 40 C.F.R. Part 180, Subparts D and E (2017) (as incorporated herein by reference);

(2) The pesticide product label allows use on the intended site of application. The term “site” for purposes of this Part 17.04 includes any location or crop to which the application is made;

(3) The pesticide product label expressly allows use on crops or plants intended for human consumption; and (4) The active ingredients of the pesticide product are allowed for use on tobacco by the Environmental Protection Agency.

(b) Notwithstanding Part 17.04(a)(3), the Commissioner has the authority to permit the use of a pesticide product whose label does not expressly allow use on crops intended for human consumption if:

(1) The active and inert ingredients are exempt under 40 C.F.R. Part 180, Subparts D and E (2017) (as incorporated herein by reference);

(2) The pesticide product label allows use on the intended site of application; and (3) The active ingredients of the pesticide product are allowed for use on tobacco.

(c) If the pesticide product label specifically allows use on cannabis, such use is permitted.

(d) For 25(b) minimum risk pesticide products as defined in 40 C.F.R. § 152.25(f) (2017) (as incorporated herein by reference), no person may use a minimum risk pesticide product in the cultivation of cannabis unless the pesticide product label allows use on the intended site of application and allows use on crops or plants intended for human consumption.

(e) For pesticide products with a Colorado Special Local Need registration, issued under

Section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, no person may use such a product in the cultivation of cannabis unless the Colorado Special Local Need label allows use on cannabis. 17.05. The Commissioner may prohibit the use of any pesticide product for the cultivation of cannabis if the Commissioner determines that such use poses a significant threat to public health and safety or the environment.

Part 18. Statements of Basis, Specific Statutory Authority & Purpose Statements of Basis, Specific Statutory Authority and Purpose for rulemaking activity from 1968 through 1991 are no longer in the Departments files and are presumably in the state archives. 18.01. January 17, 1992 - Effective March 1, 1992 These rules are adopted by the Commissioner of the Department of Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1991 Supp.).

The purpose of these rules is to: revise the licensing procedures for commercial applicators pursuant to § 35-10-118 (2) (b), (c), and (d); revise the licensing procedures for qualified supervisors pursuant to § 35- 10-118 (2)(b) and (c); adopt registration procedures for limited commercial and public applicators pursuant to § 35-10-118 (2) (b) and (c); adopt licensing procedures for certified operators pursuant to § 35-10-118 (2)(b), (2) (c) and (4) ; and adopt technician training requirements pursuant to § 35-10-118 (2), § 35-10-106 (l)(c), and § 35-10-110 (3) of the Pesticide Applicators' Act, Title 35 Article 10, C.R.S. (1991 Supp.).

Most issues encountered when developing these rules were neither exclusively factual nor exclusively policy. Consequently most issues were considered as both factual and policy.

Factual issues encountered when developing these rules include:

1. Commercial applicators are subcontracting with commercial applicators to perform pesticide applications. This activity can be divided into, two categories. First, there are subcontracts involving applications in the categories for which both commercial applicators are licensed. An example of this would be a commercial applicator licensed in agricultural weed control, but who has ground application equipment only, subcontracting with a qualified licensee applications for agricultural weed control that require application by air. Second, there are subcontracts involving applications for which the contracting commercial applicator is not licensed, but the subcontracting commercial applicator is. An example of this would be a commercial applicator licensed only in turf weed control subcontracting with a commercial applicator licensed in industrial and right of way applications for weed control in that category. Enforcement questions have arisen as to whom is responsible for such applications, i.e., the contracting applicator, the subcontracting applicator, or both.

2. A certificate of good standing from the Secretary of State will establish that an applicant for license is a bonafide business prior to issuance of such license.

3. In trying to define the level at which registration of public applicators should occur, the myriad of political subdivisions that may not need to register, nor choose to do so, while a sister subdivision may be required to do so by their use of restricted use pesticides was considered. It was decided to let each political entity determine what subdivision best described them as public applicators.

4. Expiration dates issued from the date of licensing have little meaning to the license holder. The birth date of the qualified supervisor and certified operator was chosen for the expiration date of their licenses, except for licenses issued pursuant to § 35-10-118(4).

5. The revised statute requires restricted use pesticides to be applied by a licensed qualified supervisor, licensed certified operator, or under the on site supervision of a licensed qualified supervisor. In the agricultural categories the pesticides being applied are often classified as restricted use. It is not uncommon for commercial applicators to employ individuals for short periods of time during the growing season to apply pesticides. The application equipment utilized often holds only one person. Therefore the individual applying restricted use pesticides from equipment holding only one person must be licensed as a qualified supervisor or certified operator. Many individuals working on this

basis are licensed to use or supervise the use of restricted use pesticides in other states.

Such licenses were issued pursuant to examination and/or continuing education.

Because of the circumstances necessitating speedy issuance of credentials and the prior existence of similar credentials from other jurisdictions, it was the opinion of the advisory committee and the department that a certified operator's license could be reciprocal. In addition, in order to allow for emergency circumstances and still have assurance of competency, the provision for administration of an examination by the qualified supervisor so a person could apply restricted use pesticides for ten days was included.

6. When considering the requirements for continuing education the topics needed to be relevant and the opportunity to spread out the training was considered, as well as what areas were necessary to be updated every three years and how much credit was needed in each of these areas.

7. The factual issues considered when writing rules for technician training included who is a technician, the topics each type of technician should have knowledge about and be familiar with, the hours of training needed to adequately cover said topics, what is used and how the business operates, how the classroom vs. on the job training should be divided and who is responsible for the training and who can train.

Policy issues encountered when developing theses rules include:

1. Consideration of whom to hold responsible when a licensed commercial applicator is subcontracting with another licensed commercial applicator.

2. Not defining political subdivisions allows flexibility in the administration of registering public applicators.

3. In considering the continuing education requirements it was decided to allow credits vs. hours and not to assign time increments to the credits. This was done because an update in one area where there has been little change may be adequately covered in a minimum amount of time, whereas an update on another topic may require several hours to be considered adequate.

4. In relation to technician training the goal was to provide competent technicians using pesticides to assure proper application and minimization of hazards while not being overly burdensome or eliminating competition through regulation. The manner in which each business operates was also considered, i.e. the differences between an agricultural, turf, ornamental and structural business. 18.02. January 31,1992 - Effective February 1, 1992 This rule is adopted under the Pesticide Applicators' Act pursuant to § 35-10-118 and pertains to the administration enforcement of the licensing provisions authorized under Pesticide Applicators' Act.

During the 1990 legislative session, article 10 of title 35 was repealed and reenacted. Sections 35-10-105 - 107,35-10-109- 110, and 35-10-113-116 revised the types licenses issued to pesticide applicators by the department of agriculture and manner in which they are issued. The revisions included registration by limited commercial and public applicators under certain circumstances, licensing of certified operators, and training requirements for technicians.

These rules allow the Commissioner to comply with those provisions.

The notice and hearing requirements of § 24-4-103 of the Colorado Administrative Procedures Act have been met. In accordance with the timelines established for rule making the effective date for these rules will fall after the beginning of spray season. Therefore, the immediate adoption of Part 1. - 5. is imperatively necessary for the preservation of public health, safety, and welfare. 18.03. September 17, 1993 - Effective October 30, 1993 These rules are adopted by the Commissioner of the Department of Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1992 Supp).

The purpose of these rules is to: (1) set the annual licensing fee for commercial applicators pursuant to 35-10-118 (2)(d); to permit the use of a termiticide only in accordance with label directions; and to houseclean the existing rules by correcting incorrect citations, eliminate conflicting provisions, correcting misspellings, etc.

Factual issues encountered when developing the rule setting the annual license fee for commercial applicators include:

1. In 1983 the legislature repealed and reenacted the Pesticide Applicators' Act. The 1983 statute established the Pesticide Applicators' fund for the purposes of administration and enforcement of the program. It also set the licensing fee for a commercial applicator's license at $250.00.

2. In 1990 the legislature repealed and reenacted the Pesticide Applicators' Act. The current statute authorizes the Commissioner to set the amount of the license fee for a commercial applicator, business license, not to exceed $250.00 through licensing year 1991 and $350.00 thereafter.

3. The licensing fee for a commercial applicator's business license has not been raised since 1983.

4. Program costs now exceed revenues and the fund balance has been depleted.

Policy issues encountered when developing the rule setting the annual license fee for commercial applicators include:

1. The fee structure for the commercial pesticide applicator program has been carefully considered by the Department and the Pesticide Advisory Committee. After reviewing the projected shortfall and various fee increases it was decided that the most prudent course at this tune was to increase the annual commercial applicator business license fee $100 in order to help reduce the shortfall and continue the program services.

2. The remainder of the projected shortfall will be addressed by program cost reductions.

3. In addition the Department and the Advisory Committee will continue to study the program's fee structure for further refinement and recommendations.

Factual issues encountered when developing the rule pertaining to the use of termiticides include:

1. Under Section 2 (ee) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) a pesticide application may be made at less than labeled rate as long as the label does not prohibit such an application and it is made in accordance with other label directions.

2. Many applications made for the control of termites are made at less than the labeled rate.

This is especially true for pretreat applications.

3. To date there is no scientific data to support the efficacy of using a termiticide at less than the labeled rate.

4. Consumers, especially pretreat customers, may be purchasing termite control, assuming a protection has been afforded them when in actuality very little termiticide has been applied.

5. Efficacy studies at less than the current labeled rate are being performed.

6. If the studies show efficacy at less than labeled rates, then this rule will be reconsidered.

Policy issues encountered when developing the rule pertaining to the use of termiticide include:

1. The issue of applications at less than the rates stated on any label was considered. It was decided to limit the rule to termiticide applications only.

2. The issue is one of consumer protection and the potential for fraudulent applications if the 2 (ee) policy is continued as it relates to termiticides.

3. The Federal Insecticide, Fungicide and Rodenticide Act clearly authorizes a state to be more restrictive than the Act, but not less. This rule is more restrictive and falls well within statutory authority.

Factual issues encountered when developing the housekeeping measures included incorrect citations, misspellings, conflicting provisions and unclear provisions exist in the current rules.

Policy issues encountered when developing the housekeeping measures included the necessity of maintaining correct rules. 18.04. July 28, 1994 - Effective September 30, 1994 These rules are adopted by the Commissioner of the Department of Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1993 Supp.)

The purpose of the rules is to: create a mixer/loader category pursuant to 35-10-118 (2) (b); clarify the qualifications for licensing in the wood destroying organisms category pursuant to 35-10-118 (2) (b); clarify the definition of technician to include flaggers for purposes of technician training; and correct the terminology in the requirements for licensing as a qualified supervisor/certified operator.

Most issues encountered when developing these rules were neither exclusively factual nor exclusively policy. Consequently most issues were considered as both factual and policy.

Factual issues' encountered when developing these rules include:

1. It is not unusual for commercial applicators licensed in the agricultural categories, especially aerial applicators, to employee individuals who only mix and load the pesticides being used. These employees do not evaluate pest problems, make recommendations, sell services, etc. Many of the pesticides used by applicators licensed in the agricultural pest control categories are restricted use pesticides. This means the employee can only handle these pesticides if they are licensed as a certified operator or qualified supervisor, or if a licensed qualified supervisor is on site. In order to obtain a license an individual must successfully complete a general examination and category specific examinations. The category specific examinations include questions on pests, hosts, pest control and various subjects related to evaluating pest problems, making recommendations, selling services, etc. Since mixer/loaders do not perform these functions, and will not perform them, the category specific examinations are difficult for them to successfully complete and irrelevant to their job. The subjects on the general examination cover the topics in which an individual acting strictly as a mixer/loader would need to be knowledgeable.

2. To control termites a structure may be treated prior to completion or a finished structure may be treated. The skills and knowledge needed to perform these two different types of applications are vastly different. The language setting out the experience for licensing in the wood destroying organism control category was nebulous. An individual with only pretreat experience and knowledge could be licensed to perform any wood destroying organism control application whether or not he had any post-treat experience. Only a few commercial applicators perform termite applications because of the cost of the equipment and specialization of the service.

3. The code of federal regulations associated with the Federal, Insecticide, Fungicide and Rodenticide Act (FIFRA) has been amended to include expanded worker protection regulations. These regulations cover all handlers including flaggers.

Policy issues encountered when developing these rules include:

1. In relation to establishing a new mixer loader category we had to consider how to comply with both the letter and the intent of the statute without being unduly burdensome on the industry.

2. In relation to defining more specifically the experience needed for licensing in the wood destroying organism category the potential for restraint of trade had to be considered. 18.05. January 19, 1995 - Effective March 2, 1995 This rule is adopted by the Commissioner of the Department of Agriculture pursuant to his authority under § 35-10-118, C.R.S. (1994 Supp.)

The purpose of the rule is to correct a typographical error in the existing rule. Factual issues encountered when developing these rules include:

A typographical error was discovered in the Part 9.02 (b) of the rules. This rule as published states “Such field experience shall have been obtained within the five years immediately preceding the applicant's application for licensing as a qualified supervisor.

Policy issues encountered when developing these rules include:

To be consistent with Part 9.02 and with the original intent of the rule the error needed to be corrected. 18.06. July 23, 1996 - Effective August 30, 1996 STATUTORY AUTHORITY: These emergency rules are adopted by the Commissioner of the Colorado Department of Agriculture (the “Commissioner”) under the authority of §35-10-118 (2) and (9) C.R.S.

(1995), and in accordance with §24-4-103 (6) C.R.S. (1988, 1995 Supp.).

STATEMENT OF REASON: The reasons for adopting these emergency rules is to: (1) create a subcategory for the use of the pesticide metam-sodium to control roots in sewers pursuant to §3510-118 (2)(b), and set out the standards and criteria associated with the establishment of such a sub-category;

(2) repeal Part 8.04 and amend related language in the existing rules concerning mixer/loaders in order to be consistent with amendments to the Pesticide Applicators' Act derived from Colorado Senate Bill 96- 086, which became law effective July 1, 1996; and (3) make miscellaneous technical amendments to conform the existing rules to the amendments hereby adopted.

On June 23,1996, the Commissioner ordered that proceedings be instituted for the adoption of new permanent rules and regulations pertaining to these matters, and notice was published on July 10,1996, in accordance with applicable law, for a hearing on such proposed new permanent rules and regulations to be held on July 30, 1996, at 9:00 a. m., at the Department of Agriculture, Division of Plant Industry Testing Room, 700 Kipling Street, Suite 4000, Lakewood, Colorado 80215-5894.

NEED FOR EMERGENCY RULES: These emergency rules pertaining to the creation of a sub-category for the use of metam-sodium to control roots in sewers, the standards and criteria associated with the establishment of such a sub-category, and the technical amendments in furtherance thereof, are made necessary by action of the U.S. Environmental Protection Agency (“EPA”). The EPA recently classified the pesticide metam-sodium as a restricted use pesticide when used to control roots in sewers.

Applicators wishing to purchase or use this pesticide must now be certified to do so. I is imperative that these emergency rules be adopted in order to permit the Colorado Department of Agriculture, Division of Plant Industry to license and regulate the activities of pesticide applicators who wish to use metamsodium for root control in sewers pending the conclusion of the formal rule-making proceedings initiated by the Commissioner for the adoption of permanent rules and regulation on this subject.

The emergency rules pertaining to the repeal of Part 8.04 and the amendment of related language in the existing rules concerning mixer/loaders, and the technical amendments in furtherance thereof, are necessary to conform the existing rules and regulations with amendments to the Pesticide Applicators'

Act derived from Colorado Senate Bill 96-086, which became law effective July 1,1996, pending the conclusion of the formal rule-making proceeding initiated by the Commissioner for the adoption of permanent rules and regulations on this subject.

Based on the foregoing, the Commissioner hereby finds that immediate adoption of these rules is imperatively necessary to comply with state law and federal regulations, and for the preservation of public health, safety and welfare and that compliance with the formal rule- making requirements of §24-4-103 would be contrary to the public interest.

EFFECTIVE DATE: These emergency rules will be effective on the date adopted by the Commissioner, and shall remain in effect for ninety (90) days thereafter. 18.07. September 25, 1996 - Effective November 30, 1996 Statutory Authority: These permanent rules are adopted by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under C.R.S. § 35-10-118(2), (4) and (9) (1995, as amended).

Purpose: The purpose of these permanent rules is to: (1) create a sub-category for the use of the pesticide metam sodium to control roots in sewers pursuant to C.R.S. § 35-10-118(2)(b), and set out the standards and criteria associated with the establishment of such a sub- category: (2) repeal Part 8.04 and amend related language in the existing rules concerning mixer/loaders in order to be consistent with amendments to the Pesticide Applicators' Act derived from Colorado Senate Bill 96-086, which became law effective July 1, 1996; (3) revise the recordkeeping requirements Part 6.03(e);(4) clarify the language in Part 2.49 concerning the issuance of reciprocal licenses; and (5) make miscellaneous technical amendments to conform the existing rules to the amendments hereby adopted and to correct grammatical errors.

Basis: Some of the issues encountered in the promulgation of these permanent rules were neither exclusively factual nor exclusively of a policy nature. Consequently, some issues were considered as both factual and of a policy nature.

The factual and policy issues encountered in adopting these permanent rules include:

1. Factful Issue(s): The U.S. Environmental Protection Agency (EPA) recently classified the pesticide metam sodium as a restricted-use pesticide when used to control roots in sewers. Applicators wishing to purchase or use this pesticide must now be certified to do so.

Policy Issue(s): This classification by the EPA has made it necessary to create a new sub- category of aquatic applicators for the application of metam sodium for root control in sewers. In establishing this sub-category, consideration had to be given to complying with both the letter and the intent of the Pesticide Applicators' Act (the Act) without being unduly burdensome on the industry or the agency.

2. Factual Issue(s): Colorado SB 96-086 amended C.R.S. 3510-103(15)(a) (II) of the Act to amend the definition of “technician” to include individuals who exclusively mix and/or load pesticides. This makes the mixer/loader sub-category in the agricultural classification unnecessary.

3. Factual Issue(s): Part 6.03 of the existing rules requires licensed entities to identify the pesticide product they are using. Recording the EPA registration number of the pesticide product is a permitted method under the existing rule, but not required.

Policy Issue(s): Generally, the EPA registration number can more accurately identify a product than the manner in which a licensee may choose to describe the product name, and under the adopted rule, is a required method of identifying the pesticide.

4. Factual Issue(s): Part 2.49 describes the procedure by which an individual certified or licensed by another jurisdiction can obtain a Colorado license as a certified operator issued through reciprocity. The existing language in this part does not make it clear that the issuance of such a license can only be done through re-application, since the Colorado Department of Agriculture is not the original issuing agency.

The adopted rule clarifies this point. 18.08. March 13, 1997 - Effective April 30, 1997 Statutory Authority:

These permanent rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under the Pesticide Applicators' Act (the “Act”) at C.R.S. §§ 35-10-118(2), (5) and (9) (1995, 1996 Supp.).

Purpose:

The purpose of these proposed permanent rules is to: amend the definition of the term “abut”; conform the rules and regulations to the amended statutory definition of the term “limited commercial applicator”; repeal Section 2.42; to clarify the language in Section 2.45 regarding when a qualified supervisor may be licensed as a certified operator in an additional category without payment of the application fee for the certified operator's license; consolidate the turf categories into a single category under the ornamental classification, and modify the continuing education requirements therefor; consolidate the ornamental categories into a single category under the ornamental classification, and modify the continuing education requirements therefor; expand, under certain circumstances, the customer notification requirements for pesticide applications at a commercial site; create a new category named “Interior Plant Pest Control” within the structural pest control classification, and establish standards therefor; establish requirements for the identification of service containers; amend the requirements for registration of pesticide sensitive persons pertaining to the statement of proof of medical justification, the frequency for submitting such statement, and payment of the administrative fee for registration; create a Part 15 for rules and regulations pertaining to enforcement, and establish a definition for the phrase “substantial danger or harm to public health and safety, to property, or to the environment” as required by Senate Bill 96-086, which amended C.R.S. § 35-10-121 by adding subsection (2.5); and make miscellaneous technical amendments to conform the existing rules to the amendments hereby proposed.

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

(1). Senate Bill 96-086 amended C.R.S. § 35-10-112(l)(c), which deals with requirements for notifying persons who reside on property abutting the site of a pesticide application. The amendment provides that two property sites that would be considered abutting but for the fact that they are separated by an alley are for the purposes of this section to be deemed abutting. This statutory change requires amendment of the term “abut” in Section 1.02(a) of the rules in order to make it consistent with this statutory amendment.

(2). Senate Bill 96-086 amended C.R.S. § 35-10-112 (l)(a), which pertains to the registry of pesticide-sensitive persons. This amendment requires that the proof of medical justification for inclusion on the registry be made by a physician licensed in the state of Colorado, that it be updated every two (2) years, and that the administrative fee for registration be repealed. These statutory changes require conforming amendments to the following sections of the rules: Sections 1.02(e), 12.01, 12.04, and 12.05.

(3). Senate Bill 96-086 amended C.R.S. § 35-10-103(8), which defines the term “limited commercial applicator.” This amendment expands the definition of the term to include persons engaged in applying pesticides in the course of conducting a business on property leased, as well as property owned by the person or the person's employer. This statutory change requires a conforming amendment in Section 2.18 of the rules.

(4). Section 2.42 of the rules is repealed because it was needed only for a limited time in order to facilitate the administrative transition from the previous licensing system to the current one.

(5). Section 2.45 of the rules is amended only to clarify its provisions. No substantive change to this rule is intended.

(6). The ornamental classification now in effect has the following categories: Turf Insect Control, Turf Plant Disease Control, Turf Weed Control, Ornamental Insect Control and Ornamental Plant Disease Control. The three turf pest control categories all pertain to working on one type of site, namely turf, except for weed control in ornamental beds. The two ornamental categories cover a wide range of sites, but labels for pesticide products used on these types of sites often state the site as “ornamentals” and do not distinguish between various hosts such as locust, elm, etc. A qualified supervisor or certified operator working in any of the current turf categories needs to be aware of symptoms indicative of environmental, cultural practice and pest stresses in the related turf categories in order to properly diagnose a problem and recommend the correct solution.

This also applies to a qualified supervisor or certified operator working in any of the current ornamental categories.

The proposed amendments to Section 9.01 of the rules consolidates the three turf categories into a single category, and consolidates the two ornamental categories into a single category. This consolidation will require persons who wish to be licensed in either of these categories to possess a broader range of knowledge covering what was previously divided into separate categories. Thus, one examination for each of the two consolidated categories (i.e., turf and ornamental) will be given rather than the multiple examinations currently given for each of the five separate categories described above.

Also, because of the broader range of knowledge required for each of these consolidated categories, the continuing education requirements for these consolidated categories will be increased from one to two credits. This change is reflected in the amendments to

Section 4.01, which will be phased in beginning January 1, 1998.

These proposed amendments to Section 9.01 require the technical conforming amendments that are proposed for Sections 9.02 and 9.03, and 5.7 through 5.21, inclusive.

(7). Senate Bill 90-086 amended C.R.S. § 35-10-112(2) (d) by adding sign posting notification requirements where a commercial or limited commercial applicator makes a pesticide application to a commercial site when the owner or agent of the owner is not present at the site. The proposed amendments to Section 9.04 of the rules are intended to broaden the notification requirements of that rule (which are unrelated to the statutory sign posting requirements) to specifically address the situation where a pesticide application is made to a commercial site when the owner or agent of the owner is not present.

(8). The number of interior plants in public structures has gradually increased over the last twenty years. Over time, more and more caretakers of these interior plants have come under the regulation of the Colorado Department of Agriculture with respect to the application of pesticides. These interior plant caretakers have had to qualify for licensing in categories that are not entirely applicable to the circumstances in which they work (e.g., Ornamental Insect Control and Ornamental Plant Disease Control, which cover exterior plants). The addition of an Interior Plant Pest Control category will correct this situation. It will also provide the Colorado Department of Agriculture and the public with a greater assurance that the qualified supervisors, certified operators and technicians working in this category are qualified to do so.

Consideration was given to the placement of this category in either the ornamental classification or the structural pest control classification. Since pesticide applications to indoor plants are made inside buildings and other structures, this new category was placed in the structural pest control classification because the hazards related to such applications and the precautions that need to be taken when making them are more closely related to that classification than the ornamental classification.

The addition of this new category is reflected in the proposed Section 10.01(8) of the rules. The amendments to Sections 10.03 and Sections 5.25 through 5.28, inclusive, are technical amendments made to conform those rules to the addition of this new category.

(9). Under certain circumstances licensees under the Act transfer pesticides into smaller containers in order to perform or facilitate its application. For example, a structural pest control operator may purchase a 10 gallon pail of rodent bait and provide each of his technicians with a one gallon container of the bait taken from the 10 gallon container.

Additionally, certain application equipment is of a size that can be carried and handled by one individual, e.g., a one gallon sprayer used to spot treat weeds in turf. The industry refers to these containers as “service containers.” At one point in time the EPA had an operating policy which detailed the requirements for marking service containers so the material in it could be identified. EPA's operating policy was rescinded and is no longer in force.

A new rule requiring the identification of service containers is necessary and appropriate for the public's health, safety and welfare now mat the EPA's operating policy has been rescinded. In establishing the requirements for marking service containers, consideration had to be given about providing information essential for safety and welfare without being unduly burdensome on the industry, and without conflicting with existing federal regulations. This new rule appears in the proposed Section 11.08.

(10). Senate Bill 96-086 amended C.R.S. § 35-10-121 by adding subsection (2.5), which relates to enforcement proceedings brought under the Act. This subsection (2.5) requires the Colorado Commissioner of Agriculture to define the phrase “substantial danger or harm to public health and safety, to property, or to the environment.” In response to this statutory amendment, the rules are amended to add a Part 15. Enforcement, and to define the foregoing phrase in proposed Section 15.01. 18.09. February 11, 2004 - Effective May 3, 2004 The amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under the Pesticide Applicators' Act, (the “Act”). §§ 35- 10-118(2)(a)(b)(c), (5), and (9), C.R.S.

The purpose of these proposed rule amendments is to: In Part 1, add the definition of “in the possession of to clarify the proposed rule 7.06, that requires the applicator to have label information at the site of any pesticide application; in Part 2, amend Rule 2.10 by requiring all categories to have on file at the time of submission of an application for renewal of a license, evidence of liability insurance which is in force at the time of the application; amend Rules 2.15 and 2.16 by adding a requirement for a written provision in contracts that incidentally require a pesticide application, that notes that a licensed subcontractor will be used for any pesticide application the primary contractor is not licensed for; in Part 4, delete Rule 4.1 that expired on January 1, 1998 and remove language from the version of Rule 4.1 (h) noting the effective date of the current Rule; delete the version of Rule 4.5 that expired on January 1, 1993 and remove language from Rule 4.5 noting the effective date of the current Rule; in Part 5, amend Rule 5.1 by clarifying that the definitions outlined in 5.1 apply to all technician training outlined in Part 5 of the Rule; amend Rule 5.1(b) by adding the definition of a “new hire experienced technician” and “on-going experienced applicator technician” to clarify training differences outlined in Part 5; amend Rules 5.5, 5.10, 5.15, 5.20, 5.23, and 5.27 to clarify that training requirements outlined in each section pertain to on-going experienced applicator technicians and that on-going training must be conducted each year after the first season of experience; amend Rules 5.6,5.11,5.16, 5.21, 5.24, and 5.28 to clarify that the training requirements outlined in each section pertain to new hire experienced technicians; amend Rules 5.9(c) and 5.18(c) to clarify the amount of on the job training hours that must be conducted by a licensed qualified supervisor or certified operator; in Part 6, amend Rule 6.02 to require limited commercial and public applicators to maintain records of all pesticide applications they make; amend Rule 6.03 by adding a requirement that the record of application must have the name of the person(s) who made the application; amend Part 6 by adding a new Rule 6.04 requiring any applicator performing wood destroying insect control for termites to keep and maintain records in addition to those outlined and proposed in Rule 6.03; in Part 7, amend Rule 7.02 by adding requirements for commercial and public applicators to identify their ATV/off-road application equipment; amend Rule 7.02 by adding requirements for public applicators to identify their application equipment; amend Part 7 by adding a new Rule 7.06 to require that a copy of the label for the pesticide in use be in the possession of the applicator at the site of application; in Part 8, amend Rules 8.01 (f) and (g) to clarify that additional licensure in the turf and ornamental categories is required when performing applications in forest or rangeland areas that come within 50 feet of residential or commercial structures; amend Rule 8.01(j) by deleting the language “in programs” and “large scale” to clarify that the Public Health category applies to any pesticide application performed for disease vector control; in Part 11, amend Rule 11.08 to require the name of the applicator in addition to the existing service container labeling requirements; in Part 13, amend Rule 13.04 to clarify that notification signs must be posted within multi-unit residential and commercial properties in a conspicuous manner to prevent children or adults from entering a treated area; and make miscellaneous technical amendments to conform the existing rules to the amendments hereby proposed.

1. Amendments and additions being made in Parts 1,2,4, 5, 6 and 8 are necessary to correct and clarify existing language, delete out dated and irrelevant language, and correct and clarify ambiguous language to reflect the regulatory intent of the existing licensure, business, record keeping, and training requirements.

2. A new Rule is proposed in Part 6 to require the signature of the applicator on the service record to help the CDA identify the technician, certified operator, or qualified supervisor responsible for each application during investigations.

3. In the last 10 years the termite activity in Colorado has increased. A high level of knowledge and experience in building construction, treatment techniques, and termite biology is needed when performing these applications. Since these applications are made in areas where the consumer can not verify the quality of the application and consumers generally do not possess the knowledge to know the correct steps and procedures to eradicate or control a termite infestation, it is easy for commercial applicators to defraud the consumer. The proposed Rule 6.04 will require applicators to record information specific to termite applications that will allow the CDA to confirm that all treatments were performed to label requirements and industry standards.

4. In recent years the Pesticide Application industry has begun using All Terrain Vehicles (ATV's) to perform applications in areas that are inaccessible to standard application vehicles. Under the current Rule 7.02, these ATV's meet the specifications that require the vehicle to be identified, but due to their size applicators have been unable to comply.

The proposed Rule addresses this issue and modifies the equipment identification requirements so applicators can identify their equipment, which will ensure the public and the CDA can identify these applicators.

5. Currently under Rule 7.02, public applicators are not required to identify their application equipment. Each year the CDA receives a number of inquiries and complaint calls pertaining to public entities that are performing pesticide applications that the CDA office staff must research to determine jurisdictional authority. A new Rule is proposed to require public applicators to identify their application equipment to enable the public and CDA to easily identify the public entity in the field, which will reduce public concern and minimize the CDA staff time required to identify currently registered public applicators.

6. Pine Beetle eradication has become a priority for the State of Colorado. As the Pine Beetle infestation has spread, more applications are being performed on private property where the trees are no longer being maintained as part of a forest, but rather as ornamental trees for aesthetics. Applications performed around residential and commercial structures create a higher likelihood that persons or pets may come in contact with the treated area. Ornamental applicators are trained in the precautions needed when making applications around structures, and under 35-10-112 of the PAA are required to post notification at the time of an application. The current Forest category does not address the hazard identification and safety precautions needed when performing pesticide applications in close proximity to inhabited structures. An amendment to Rule 8.01 (f), Forest Pest Control, is proposed to require applicators to hold the appropriate ornamental license, which addresses the safety, hazard, and notification requirements needed when performing applications close to an inhabited structure. The Rangeland Pest Control category, 8.01(g), has the same safety concerns when pesticide applications are made around inhabited structures for insect or noxious weed control. The Rangeland category requirements will be identical to the Forest category except that licensure in the Turf category will be required.

7. Rule 11.08 currently requires that any service container be labeled to identify the contents within. Since these service containers are in many cases left at the customer's residence (i.e.: rodent bait stations) or can be inadvertently left behind or left unattended by an applicator, the CDA is proposing an amendment to Rule 11.08 that will require the name of the licensee on the label. In case of an emergency this will provide the name of the licensee so pertinent information for the unattended product (i.e.: labels and Material Safety Data Sheets) can be obtained and the responsible licensee can be quickly contacted to take appropriate remedial action.

8. Currently turf and ornamental applicators are only required to post a notification flag at each entryway to a property regardless of its size or the number of buildings on it. Each year the CDA receives calls from pesticide sensitive individuals or concerned parents complaining of turf or ornamental applications that have been performed at their apartment complex and their child or pet, unbeknownst to them at the time, entered a treated area. The current rule in Part 13 does not specify that a flag(s) must be posted within the common areas of multi-unit residential or commercial properties. The proposed amendment to Rule 13.04 will help ensure that any person entering a common area that has been treated with pesticides will be able to see a flag notifying them of that application. 18.10. October 19, 2006 - Effective January 1, 2007 These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under the Pesticide Applicators' Act, (the “Act”). §§ 35- 10-118(2)(a)(b)(c), (5), and (9), C.R.S.

The purpose of these proposed rules is to make conforming amendments is to address statutory changes made to the Pesticide Applicators’ Act as a result of House Bill 1239, The Pesticide Applicators’ Act Sunset Review Pesticide Applicators’ Bill, and House Bill 1274, The Pesticide Applicators’ Act Pesticide Private Applicators License Bill. The purpose of the proposed Rules is to:

• Make miscellaneous technical amendments to conform the existing rules to the amendments proposed;

• Add language to reinstate an pesticide applicator license within 180 days;

• Outline the private applicator examination and licensure requirements and provisions;

• Address examination security provisions for commercial and private applicators;

• Create continuing education requirements as it pertains to private applicators;

• Specify recordkeeping requirements for commercial, registered limited commercial, registered public applicators and licensed private applicators;

• Clarify the pesticide storage requirements of commercial applicators, registered limited commercial applicators, limited public applicators, and private applicators;

• Specify pesticide sensitive notification requirements and provisions that apply to turf and ornamental applicators vs. structural applicators;

1. House Bill 1274 amended C.R.S. § 35-10-104 to expand the authority of the Colorado Department of Agriculture to regulate the use of pesticides by all persons in the State of Colorado. As a result of H.B. 1274, amendments and additions made in Parts 2, 3, 4, 5, 6, 7, 8, 11,12, and 13 and associated Rules are necessary to clarify what Part and Rule applies to “registered’ or “licensed” persons and/or entities in the State of Colorado. Other changes include spelling and miscellaneous technical amendments to conform the existing rules to the proposed amendments.

2. House Bill 1274 amended C.R.S. § 35-10-103 to add the definition of a private applicator, which defines a private applicator as a person who “uses or supervises the use of a pesticide for producing an “agricultural commodity.” C.R.S. § 35-10-114.5 requires any person who uses or supervises the use of a restricted use pesticide shall possess a valid private applicator license issued by the Commissioner. There is no State definition of “agricultural commodity” for CDA to refer to when it must determine if a private applicator is raising an agricultural commodity prior to certifying and issuing a private applicator license. CDA needs to verify that the license is being obtained and will be used in the manner intended. Upon request from EPA Region VIII, Part 1 was amended to create

Rule 1.02 (k), which defines an “agricultural commodity”. The definition will help clarify for CDA and applicants that a private applicator must be engaged in the production of an “Agricultural Commodity”, as defined, to qualify to obtain a private applicator license which will allow them to purchase, apply, and supervise the use of restricted use pesticides on property they own or lease.

3. House Bill 1239 amended C.R.S. §35-10-116(6) of the Act to give the CDA the authority to “reinstate” an applicators license, within 180 days of its expiration, on the condition that all continuing education requirements had been met prior to the expiration date. The currant language in Rule 2.46 addressed renewal requirements only. Rule 2.46 is amended by adding the licensure reinstatement provisions, outlined in C.R.S. §35-10-116 (6), for added clarity that an applicator may “reinstate” a license if certain provisions are met.

4. House Bill 1274 amended C.R.S. §35-10-115, which authorizes the CDA to begin issuing licenses to private applicators on and after January 1, 2007 and by adding a new statutory provision, C.R.S. §35-10-114.5, requiring any person acting as a private applicator using or supervising the use of restricted use pesticides be licensed as a private applicator by the Commissioner. Rule 2.50 is being repealed because it created a loophole that did not allow the CDA to enforce the provisions of the Act and Rules for someone acting as a certified operator if: they were a new employee, completed the private applicator exam issued by EPA Region VIII, their employer notified the department within 3 days and they completed the certified operator test within 14 days from their initial employment. EPA Region VIII will no longer be issuing private applicator licenses after January 1, 2007 and the CDA no longer wants to continue to allow a person to act in the capacity of a certified operator, which allows applications of RUPs in categories their employer is licensed in, without taking a closed book test, verifying that they have core knowledge of laws and regulations, applicator safety, public safety, environmental protection, use of pesticides, and pesticides and their families, to apply a “higher risk” pesticide in the general public.

5. House Bill 1274 amended C.R.S. §35-10-115, which authorizes the CDA to begin issuing licenses to private applicators on and after January 1, 2007. A new statutory provision, C.R.S. §35-10-114.5, requires any person acting as a private applicator using or supervising the use of restricted use pesticides be licensed as a private applicator by the Commissioner. Under H.B. 1274, C.R.S. §35-10-117 (1)(a) was amended to make it unlawful for any person to perform acts that require licensure as a private applicator.

C.R.S. §35-10-118 (2)(b) and (c) authorize the Commissioner adopt Rules to establish qualifications for issuance and reinstatement of any license issued under the Act. These statutory changes require conforming amendments by the creation of a new Subpart D,

part 2.48 through 2.58, which addresses private applicator licensure requirements, submission of information requirements, examination requirements, fee requirements, renewal and reinstatement provisions, supervision, licensure upgrades and reciprocity.

6. Under C.R.S. §35-10-118(2)(c) the Commissioner is authorized to adopt Rules for any disciplinary actions authorized under Title 35, Article 10. Part 2, Subpart E, “Licensure Actions, Suspension, Denial, Revocation”, Rule 2.59, was existing language that was moved from Part 7 of the Rules. This Rule outlines actions that constitute grounds for denying, suspending or revoking a business entity’s license or registration or an individual’s license. This section was moved from Part 7 to Part 2, which outlines business licensure and registration requirements and individual license issuance and renewal requirements, for clarity.

7. Add language to coincide with H.B. 1239, C.R.S. §35-10-118(3)(c), by adding clarifying language stating the commissioner or “his or her designated administrator shall” administer a general examination to qualified supervisors and certified operators and add “private applicator” to the current examination administration provisions set forth in Rule 3.1 and 3.2 to include private applicators as a result of H.B. 1279.

8. Repeal Rule 3.3, to remove unnecessary language from the Rule pertaining to when the examinations will be administered by the Commissioner.

9. Part 3, Rule 3.8, was amended by adding language to the existing exam security provisions, creating a section (a) pertaining to commercial applicators and a new section (b) pertaining to private applicators. Rule 3.8(a) outlines examination security provisions to prevent the content of CDA’s closed book commercial examinations from being disseminated by any person. Old language stated that an applicant or licensee could not remove examination material, but did not clearly make it a violation if an applicant cheated on the exam by bringing in outside information to reference during the test. New language has been added to make this a violation for any applicant or licensee.

Rule 3.8(a) currently states that an applicant or licensee shall not cause the “nature of” any exam question to be disseminated. It can be argued that any person that has ever taken an exam and then does pre-certification training for his or her company may unavoidably disseminate the “nature of” an exam question. The CDA feels the intent of

Rule 3.8 was to prevent blatant dissemination of examination questions. Therefore, the words, “the nature of” were removed to more clearly define that an exam question or answer may not be disseminated to any person.

The private applicator exam is an open book test, which is not currently required to be proctored. Rule 3.8(b), outlines private applicator exam security provisions and was created to address circumstances that have been brought to the CDA’s attention that, in some instances, a private applicator has had someone else fill out their test answer sheet (a spouse or family member) or may have attended a workshop where the administrator blatantly gave them the answers to the exam. This Rule is established to make it a violation for any person to disseminate the answers of the private applicator exam to an applicant or licensee or to allow someone other than the applicant or licensee to fill out the examination form.

10. Amend Part 4, Subpart A’s title, “General Continuing Education Requirements for Qualified Supervisor and Certified Operator” to clarify that subpart A pertains only to qualified supervisors and certified operators.

11. Amend Part 4, Rule 4.3, to wordsmith the current notification of continuing education workshop provision for clarity and in Rule 4.5 language to clarify that the continuing education provisions must cover topics from subject areas and subtopics outlined in Subparts C through I, in Part 4 of the Rules.

12. Amend Part 4, Subpart B, Rule 4.6 through 4.10, to comply with H.B. 1274, C.R.S. §35- 10-116(2) and §35-10-118(5) by adding new language outlining continuing education requirements pertaining to private applicators. Subpart B outlines the number of continuing education credits needed, course approval requirements, course notification provisions, workshop sponsor reporting requirements, and that the continuing education provisions must cover topics from subject areas and subtopics outlined in Subpart C through H, in Part 4 of the Rules.

13. Amend Part 6, Records, of the Rules by the creation of a Subpart A and Subpart B.

Subpart A outlines the current recordkeeping requirements for commercial, registered limited commercial and registered public applicators.

Pursuant to H.B. 1279, C.R.S. 35-10-111, which added recordkeeping requirements for private applicators that use restricted use pesticides (RUP), the CDA has amended Part 6 by creating a Subpart B, Rule 6.05, which requires private applicators to maintain records of RUP applications, the elements of such records are currently required by the USDA under the Code of Regulations, 7 C.F.R., Part 110 (2006), which C.F.R. is referenced in Rule 6.05. C.R.S. 35-10-111 requires records to be kept for a minimum of 3 years, 1 year more than the USDA requirement, which is noted in Rule 6.05.

14. Part 7; amend Rule 7.02, by changing “licensee” from singular to plural to encompass private applicators. Clarifying statement.

15. Part 7, amend Rule 7.05 by adding language to exempt private applicators from this provision which requires licensed commercial, registered limited commercial, and registered public applicator employees to have a copy of the pesticide label at the site of application in case a question pertaining to the use of product, PPE, precautions, etc. come up during the course of the application. Adding this requirement for private applicators is not needed since all mixing, loading, and use are conducted on the private applicator’s property and the pesticide product label should be on the property site for reference when questions arise.

16. Amend Part 11, with the creation of a new Subpart A and Subpart B to clarify pesticide storage requirements for commercial applicators, registered limited commercial applicators, registered public applicators, and private applicators.

Subpart A, Rules 11.01 through 11.08, is existing language that outlines storage requirements and equipment identification for commercial, registered limited commercial, and registered public applicators.

Subpart B, is new language that is specific to licensed private applicators. H.B. 1274, C.R.S. 35-10-117(1)(i) makes it a violation of the Act to store a pesticide in a manner inconsistent with label directions. Subpart B, Rules 11.09 through 11.11, reiterates this statutory provision, due to the fact that the pesticides licensed private applicators will be storing may be restricted use pesticides, by stressing that pesticides should be stored in a manner as to prevent an unreasonable risk to persons, property or animals, that they are stored in a manor that prevents damage to the container or label, and if stored in an outdoor pesticide storage area that the pesticide is protected from the elements to prevent the risk of damage to the container or label and avoid the creation of an unreasonable risk to persons, property, or animals.

17. H.B. 1239 amended C.R.S. 35-10-112 by expanding the notification of pesticide sensitive individuals to structural pest control operators. Part 12 of the Rules was amended to create a new Subpart A and Subpart B.

Subpart A, Rule 12.06 and 12.07, retains existing language pertaining to turf and ornamental notification requirements.

Subpart B, Rule 12.08 through 12.10, outlines the structural notification requirements for giving prior notice, methods that notice may be given, instructions if notification attempts fail, and emergency and specific product formulations that are exempt from the notification provision, created under H.B. 1239 and allowed under C.R.S. 35-10-112(2)(e) of the Act. 18.11. August 12, 2008 – Effective September 30, 2008 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)(a)(b)(c), (4), (5), and (9), C.R.S.

The purpose of these proposed rules is to:

1. Amend Rule 2.12 and 2.30 to define adequate supervision by establishing a qualified supervisor to certified operator/technician ratio.

2. Amend Rule 2.32 to clarify that any person who uses any pesticide without supervision while employed by a commercial, registered limited commercial or registered public applicator, must be licensed as a qualified supervisor.

3. Amend Rule 2.49 to clarify that licensed private applicators may only apply restricted use pesticides for the production of an agricultural commodity.

4. Amend Rule 2.59 clarify that an individual licensed in another jurisdiction outside Colorado may become licensed as a private applicator without examination.

5. Amend Rule 9.04 to clarify turf and ornamental notification provisions when making applications to multi-unit residential units when no on-site management person is present.

6. Create a new Rule 15.02 ad 15.03 to clarify that any person using a restricted use pesticide must be licensed as a qualified supervisor, certified operator or a private 7. Fix typographical errors, including:

Correct Rule 2.36 by replacing the word “retirements” with “requirements”

Clarify language in Rule 2.48 Correct Rule 2.50 by changing the stated date of license renewal eligibility from January 1, 2006, to January 1, 2007 Clarify Rule 8.04(f) by adding the omitted words “new hire” to the experienced technician language.

1. Rule 2.12 and 2.30 states that if a licensee’s or registrant’s business operation is so extensive that one individual cannot “adequately” supervise all pest control recommendations, soliciting, mixing and loading, and applications of pesticides, more than one qualified supervisor must be employed by the licensee. CDA has historically interpreted this as requiring at least one qualified supervisor for each seven technicians, in order to ensure that s/he has the time and ability to provide the necessary on-site guidance and respond to an accident involving a pesticide spill posing a threat to health or the environment. Under the current Rule, which does not mandate a specific ratio of qualified supervisors to technicians, CDA has observed commercial applicators employing as many as 40 technicians in multiple business locations under the supervision of one qualified supervisor.

CDA is proposing to amend Rule 2.12 and Rule 2.30 to increase the maximum number of technicians that a qualified supervisor may supervise to fifteen (15), of which no more than eight (8) may be unlicensed technicians and clearly state that a qualified supervisor must be available while any technician is using a pesticide.

2. The current Rule 2.32 does not clearly state that any person working for a commercial, registered limited commercial or registered public applicator, must be licensed as a qualified supervisor to “use” any pesticide, as defined in Part 1.02(i) of the Rules, without supervision.

3. There have been questions as to the scope of pesticide use authorized under a Private Applicator license. CDA is proposing to amend Rule 2.49 by adding language to clarify that, consistent with EPA’s interpretation of FIFRA, it is a violation of the PAA to use a private applicator license to use restricted use pesticides for other purposes than raising an “agricultural commodity,” as that term is defined in Rule 1.02(k).

4. Rule 2.59 is the provision that allows qualified out-of-state licensed private applicators to reciprocate their license without having to take the Colorado private applicator exam. As currently phrased, however, this Rule states that a private applicator from another state may “perform” restricted use pesticide applications in Colorado without holding a Colorado license. That conflicts with § 35-10-114.5, C.R.S., which requires any Private Applicator using restricted use pesticides to have a Colorado license. The requirement in

Rule 2.59 was intended to be similar to the provision for qualified supervisors and certified operators in Rule 2.48.

CDA, therefore, is proposing to amend Rule 2.59 to correctly state, “An individual certified or licensed by another jurisdiction outside Colorado as a private applicator may obtain a Colorado private applicator license without passing an examination...” and amend Rule 2.48 to make the language of the two provisions consistent.

5. Rule 9.04 (a) and (b) requires an applicator to leave a written statement at the time of application that a pesticide has been applied stating the pesticide or pesticides applied, the date of application, and any precautionary information for each person residing on the property, and to provide this same written statement to the owner of the site or agent of the owner of the site if s/he is not present. The current rule does not clearly address notification of residents of multi-unit residential dwellings (apartments, condos, townhomes, etc) where there is no property manager on-site.

CDA is proposing to amend Rule 9.04 to specify the manner in which notification must be provided when making applications at multi-unit dwellings when no on-site management is present at the site.

6. Now that it has jurisdiction over all pesticide use, CDA believes it is useful to clearly state in a new Rule 15.02 that any person using a restricted use pesticide must be licensed as a qualified supervisor, certified operator or a private applicator.

7. Rule 2.36 contains a typographical error. Rule 2.36 currently states, “the Commissioner may waive part of the experience retirements...” The Rule should read, “the Commissioner may waive part of the experience requirements.”

8. Rule 2.50 contains a typographical error. Rule 2.50 currently states, “Licenses issued by the Environmental Protection Agency prior to January 1, 2006 cannot be renewed.” The

Rule should read, “Licenses issued by the Environmental Protection Agency prior to January 1, 2007 cannot be renewed”.

9. In promulgating Rule 8.04(f) CDA inadvertently omitted the words “new hire.” These words are necessary clarify that the required technician training hours outlined in 8.04(f)(1 – 4) apply to a “new hire” experienced technician, as defined in Part 5, Rule 5.1 (b)(1). 18.12. December 9, 2008 – Effective January 30, 2009 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.

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.

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. 18.13. October 21, 2010 – Effective November 30, 2010 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)(a) & (b), C.R.S.

The purpose of these proposed rules is to amend conflicting language between the Rule and statute in regards to sales technicians. All other proposed Rule amendments add clarification to the current interpretation, enforcement and intent of the existing Rules. Specifically:

1. Part 1.02 (f) is amended to add the definition of “pasture”.

2. Part 5.2 is amended to allow sales of a restricted use pesticide “under the supervision” of a qualified supervisor once all required training has been met, in accordance with statute.

3. Part 8.01, agricultural licensure classifications, are being amended to add additional examples of the types of applications allowed in each licensure category.

4. Part 12.06, ornamental notification, is being amended to more clearly explain pesticide sensitive person notification requirements.

5. A new 15.04 is being created to clearly state that a pesticide applicator must hold the appropriate category of licensure to use or supervise the use of a restricted use pesticide.

1. The CDA has found that the current licensure category descriptions do not provide a clear explanation of similar geographic areas. To help distinguish between Rangeland and Agricultural pasture areas, a new Part 1.2(f) is being created to add the definition of “pasture” is to help clarify the difference between agricultural applications vs. rangeland applications in Part 8.

2. The current language in Rule Part 5.2, that outlines technician training requirements and the allowed activities of a sales technician, conflicts with the statutory definition of a technician in § 35-10-103(15)(a)(III), C.R.S. The amendment will match the Rule with the statutory definition to allow sales of a restricted use pesticide “under the supervision” of a qualified supervisor once all required training has been met.

3. Agricultural licensure classifications are explained in Part 8.01 of the Rules. The CDA has found that the current licensure category descriptions do not provide a clear explanation of similar geographic areas, therefore making it difficult for an applicator to know what licensure category they must hold. Part 8.01 (f), (g) and (i), which are the Forest Pest Control, Rangeland Pest Control and Industrial and Right-of-Way Pest Control licensure categories have similar geographic and landscape features, but are inherently different based on the site of application and the types of applications occurring in each area. Part 8.01 (f), (g) and (i) are being amended to add additional examples of the types of geographic or landscape features found in each of these categories to provide additional guidance to pesticide applicators on what category they must carry to perform applications in these areas.

4. § 35-10-112(1)(c)(I), C.R.S. and Part 12.06, ornamental notification, currently state that a pesticide sensitive person must be notified of “any” turf or ornamental application occurring to an abutting property. Each separate application, in accordance with § 35-10- 111, C.R.S., record-keeping requirements, requires a separate record be kept for each separate application. In situations where two abutting properties are being treated on the same day, the CDA has interpreted that the notification requirement that “any” application would require the applicator to inform the pesticide sensitive person of each separate application taking place. Part 12.06, ornamental notification, is amended to more clearly state that a pesticide applicator must notify the pesticide sensitive person of each and every location where pesticide applications are being made and in a manner that the pesticide sensitive person can identify which abutting property is being treated to take the necessary precautions to avoid adverse effects to themselves or their property.

5. The PAA requires all persons who want to obtain a qualified supervisor, certified operator or private pesticide applicator license to pass an examination and license in the pesticide application category in which they intend to make RUP applications. The PAA also requires that a business must have a qualified supervisor in its employment in the pesticide category(s) it intends to make commercial applications in. The intent in the business and applicator licensure requirements is that the applicator be restricted to use pesticides intended for and perform commercial activities only in the licensure category(s)

held. A new Part 15.04 is being created to clearly state that a pesticide applicator must hold the appropriate category of licensure to use or supervise the use of a restricted use pesticide. This amendment will clearly state this rather than having to reference multiple areas of the PAA. 18.14. June 11, 2013 – Effective July 30, 2013 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)(a) & (b), and (9.5) C.R.S.

The purpose of these proposed Rules is to clarify the Rule in regards to solicitations made prior to entering into a contract, create a new Rule to require that a record of active Endangered Species Bulletins be maintained and add a new Rule defining devices that produce a pesticide; which when used for hire require a commercial pesticide applicator license. All other proposed Rule amendments add clarification to the current interpretation, enforcement and intent of the existing Rules. Specifically:

1. Parts 2.15 and 2.16 are amended to clarify when solicitations to subcontract incidental pesticide applications can be made by a business that is not acting as and is not licensed as a commercial 2. Part 2.60 creates a new Rule defining the Private Applicator category and license purpose.

2. Part 6.03(k) creates a new Rule to require commercial applicators to maintain a record of any active Endangered Species Bulletin.

3. Part 7.05 is amended to clarify what labeling must be in the applicator’s possession when applications are being performed and exempt Endangered Species Bulletins from this requirement.

4. Parts 8, 9 and 10 are amended to add the numeric category reference to each pesticide licensure 6. Parts 8.01(f),(g) and (h) and Part 10.01 (b) are amended to clarify which pests may be treated under these categories.

5. Part 10.02 is amended to correctly state the licensure category.

6. Part 15.05 creates a new Rule requiring that devices that produce a pesticide, such as carbon monoxide, that when used for hire to control a pest requires a commercial applicator license.

7. Part 2.15 allows a business that does not apply pesticides for hire to enter into a contract that incidentally requires the application of pesticides as long as there is a written provision in the contract expressly stating that the business will subcontract the application to a licensed applicator. Part 2.16 similarly allows a business that applies pesticides for hire and is licensed as a commercial applicator to subcontract applications that require a qualified supervisor licensed in a category not held by the business’s own qualified supervisors, to subcontract the work if the contract expressly discloses that plan. Absent such statements, the Department would consider such contracts to constitute violations of the statutory provision, § 35-10-117(1)(c), C.R.S., which makes it a violation of the Act to present oneself to be qualified to perform or to solicit pesticide related services without a “valid commercial license.” The Department realizes that in order to enter into such contracts, businesses must necessarily engage in some form of a solicitation – i.e., they must make an offer to their potential customers, whether oral or written. These amendments to Parts 2.15 and 2.16 clarify that a business proposing to enter into a contract with such a subcontracting provision must also disclose that they will subcontract pesticide applications that require licensure beyond what they hold at the time of the solicitation.

8. Part 2.60 is being created as a result of amendments being made to Parts 8, 9 and 10, to add the numeric categories for all pesticide licensure categories. When creating the language to classify a Private Applicator license as Category 401, the Department felt that stating the purpose of this licensure category would more clearly define what the license may be used for and match the category classification definitions in Parts 8, 9 and 10 of the Rules.

9. Part 6.03(i) creates a new Rule to require commercial applicators to maintain a record of any active Endangered Species Bulletin.

The Environmental Protection Agency in recent years has added Endangered Species (ES) specific language to certain pesticide labels that require pesticide applicators to obtain and abide by the Endangered Species Protection Bulletin. The requirements in an ES Bulletin are enforceable because compliance is mandated by the label. Therefore, applicators must follow all requirements on the ES Bulletin and failure to do so would be a label violation under both the Federal Insecticide, Rodenticide and Fungicide Act (FIFRA) and the PAA. In addition, as a condition of the EPA enforcement grant CDA is required to verify compliance with all elements of the label. EPA also has specified in our grant that the CDA must determine applicator compliance with the Endangered Species Act by verifying that applicators are referencing the ES Bulletins when required. In 2012 Colorado’s first ES Bulletins for Rozol Prairie Dog Bait came into existence and ES Bulletin language is showing up on labels regularly now. The best way for CDA to verify that an applicator has referenced the ES Bulletin and followed all use restrictions for the pesticide, county and month the application was made is to require that the applicator maintain a copy of any active Bulletin that pertains to applications they have made in their records. A record of the Bulletin will only be required to be maintained when there is an active Bulletin for the product, county and month in which the application took place.

4. The intent of Part 7.05 is to require an applicator to have the original or a copy of the original pesticide label and any additional labeling directions in the possession of the applicator at the time of an application so all use directions are available at the job site. Currently Part 7.05 states, “...a copy of the pesticide label and any attached labeling for each product in use shall be in the possession of the commercial...applicator...” The word “attached” no longer represents how labels and labeling may be accessed with new technologies. Labels and labeling are now more likely to be downloaded from the registrant’s or EPA’s website and maintained electronically.

Some products do not have labeling physically “attached” to a product. Therefore, the Department feels that changing the word “attached” to the word “associated” would clearly state the requirement of Part 7.05, which is to have copies of the pesticide label and all of its associated labeling. The word “copies” does not designate or restrict the form or manner in which the label copy must be in the applicator’s possession.

The definition of “labeling” found in the Pesticide Act in relation to the Endangered Species (ES)

Bulletins excludes “current official publications” of the EPA. ES Bulletins are publications of EPA that are not created and distributed with the pesticide label. CDA is proposing to add a clarifying statement that, for the purposes of Part 7.05, ES Bulletins are not required to be in the possession of the applicator at the time of the application, since an ES Bulletin is not “labeling”. It should be noted, however, that any requirements in an ES Bulletin are enforceable because compliance is mandated the label. Therefore, applicators must still follow all requirements on the ES Bulletin just as any other requirement on the label and failure to do so would be a violation of the PAA. CDA felt clarification is needed in Part 7.05 so applicators understand that although they must have a copy of the label in their possession at the time of application, they are not required to have the ES Bulletin in their possession. CDA is proposing to amend Part 7.05 to clearly state the ES Bulletin is not required to be in the applicator’s possession at the time of an application.

5. Parts 8, 9 and 10 are amended to add the numeric category reference to each pesticide licensure category. CDA routinely refers to pesticide applicator licensure categories with a numeric reference in publications, enforcement documents, license documents, examination documents, etc.; i.e.: Category 101, Agricultural Insect Control. CDA is proposing that all licensure category descriptions in Parts 8, 9 and 10 be amended to reflect the appropriate numeric category reference number to ensure Department publications, administrative documents and enforcement documents legally coincide.

6. Recently the question was brought to the Department’s attention, asking if rodents can be treated in rangeland areas with the Rangeland Pest Control Category vs. the Outdoor Vertebrate Control Category. The licensure category description in the Rangeland category is a very broad, stating that this category is for the “application of pesticides to rangeland”. Arguably this language would allow the applications of any pesticide, including those applied to rodents in Rangeland areas.

However, the Outdoor Vertebrate licensure category clearly states that the Outdoor Vertebrate Pest Control category must be held to apply pesticides to control outdoor vertebrate pests, regardless of the site they inhabit; adding to the confusion.

The original intent of the Rangeland category was for the application of pesticides to rangeland areas for pests other than rodents, i.e.: weeds, insects, etc. The Outdoor vertebrate category was intended to apply pesticides for the control of vertebrate pests, regardless of the site they may be found (i.e.: water, rangeland, structures, pasture, right-of-way, etc.). During our review, we found this broad statement not only in the Rangeland category but also in the Forestry and Aquatic categories, making the licensure requirements confusing unless the applicator reads the Outdoor Vertebrate licensure category with these other definitions. Even then, it is not clear if the Outdoor Vertebrate Pest Control license would be needed.

The other licensure categories do have specific descriptions as to what that licensure category does and does not allow. For example: 8.01 (a) Agricultural Insect Control: the application of pesticides to agricultural plants, including applications performed on pastures, croplands and non-crop agricultural lands, to control invertebrate pests, including insects, mites, slugs, snails, and nematodes. 8.01 (j) Public Health Pest Control: the application of pesticides for control of disease vectors, except vertebrates. 9.01 (a) Turf Pest Control: the application of pesticides to: (1) turf to control invertebrate pests, including insects, mites, slugs, snails, and nematodes, or to control plant diseases or weeds; or (2) ornamental beds to control weeds.

The CDA is proposing that the Rangeland Pest Control and Forest Pest Control category definitions be amended to clearly state that these categories allow the application of pesticides to be applied to control pests “except vertebrates”, as similarly stated in the Public Health Pest Control Category.

During our discussion with the Pesticide Advisory Committee it was pointed out that amphibian and fish pest control is currently under the Outdoor Vertebrate Control category. It was recommended that the Department allow these vertebrate pests to be treated under the Aquatic Pest Control license, since the pesticide applications are being made directly to water. The Department agreed with this reasoning and therefore is proposing to clarify the licensure requirements for controlling vertebrate pests in and out of water in the Part 8.01(h), Aquatic Pest Control and Part 10.01(b), Outdoor Vertebrate Pest Control.

7. CDA recently identified a discrepancy in Part 10.02, which outlines the structural pest control experience requirements for licensure as a qualified supervisor. The current language incorrectly references the Residential/Commercial Pest Control licensure category, found in Rule 10.01 (d), as “household pest control”. The Department believes this was an oversight in the terminology when the Rule was originally enacted, since nowhere in the PAA is “household pest control” referenced as a license category. CDA proposes to amend Part 10.02 to remove the reference to “household pest control” and correctly state the licensure category referenced in Part 10.01(d), Residential/Commercial Pest Control.

8. In FY 2012 it was brought to the attention of the Department that a licensed commercial applicator wanted to use a device, called the Pressurized Exhaust Rodent Control (PERC), to convert gasoline to carbon dioxide (and other gases) and then pump carbon monoxide into a building void (in a strip mall) to treat bird mites and other pests associated with a bird infestation.

The PERC is a device intended to only control rodents; it generates carbon monoxide with an attached engine, pressurizes it into a large tank, and the gas is then pumped into rodent burrows.

The directions prohibit use on structures and recommend the applicator maintain a 150 ft. buffer from structures.

Under 35-10-118 (9.5) - Powers and duties of the Commissioner, adopted as a result of the 2006 Sunset review, it states:

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.

Since the CDA does not currently have any devices in Rule designated to require licensure, the CDA has no regulatory authority over individuals using these devices. Therefore, the CDA cannot require licensure when using these devices for hire or take any enforcement action on a commercial applicator when the device is used incorrectly, even when it would cause a risk to the public’s health or safety.

The CDA is proposing the creation of a new Rule 15.05 that requires licensure for the use of any device that generates/produces a pesticide as defined in the Pesticide Applicators’ Act § 35-10- 103(10), C.R.S., to help ensure public safety, by requiring applicators have the proper training and licensing to use any device for hire that produces a pesticide. In addition, Rule 15.05 requires the applicator to use the device in accordance with the manufacturer’s directions. 18.15. February 12, 2014 – Effective March 30, 2014 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)(a) & (b), and (9.5), C.R.S.

The purpose of these proposed Rules is to clarify the procedures that must be used when operating a device that produces a pesticide, specifically carbon monoxide; which when used for hire requires a Commercial Applicator license. Specifically:

1. Part 1.02 is amended to add the definition of a device that is regulated under this article.

2. Parts 6.01 and 6.03 are amended to reference record keeping requirements for the use of a device that generates a pesticide in Part 15.07 of these Rules.

3. Parts 10.04 and 10.05 are amended to include devices in the post application notification requirements.

4. Part 15.05 is amended and creates new Rules clarifying the pest and sites of application allowed with a device that generates a pesticide.

5. Parts 15.06 (a) and (b) create new Rules that outline the procedures and requirements a Commercial Applicator must follow when making applications within specified distances from occupied structures.

6. Part 15.07 creates a new Rule specifying the records Commercial Applicators that use devices that generate a pesticide must maintain.

7. In FY 2012 it was brought to the attention of the Department that a licensed Commercial Applicator wanted to use a device, called the Pressurized Exhaust Rodent Control (PERC), to convert gasoline to carbon monoxide (and other gases) and then pump carbon monoxide into a building void (in a strip mall) to treat bird mites and other pests associated with a bird infestation.

The PERC is a device intended to only control rodents; it generates carbon monoxide with an attached engine, pressurizes it into a large tank, and the gas is then pumped into rodent burrows.

The directions prohibit use on structures and recommend the applicator maintain a 150 ft. buffer from structures.

Section 35-10-118 (9.5), C.R.S., powers and duties of the commissioner, adopted as a result of the 2006 Sunset review, states:

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.

The CDA passed a new Rule on July 30, 2013, to require licensure for any person that uses any device that generates/produces a pesticide as defined in the Pesticide Applicators’ Act § 35-10- 103(10), C.R.S., to help ensure public safety by requiring applicators to have the proper training and licensing to use any device for hire that produces a pesticide. This rule also requires commercial applicators to follow label directions for such devices.

2. After the Rule hearing it was brought to the attention of the Department that current device directions may restrict applications around and up to a structure, impacting a Commercial Applicator’s business negatively.

3. After the Rule hearing it was brought to the attention of the Department that these devices could be built by an individual and no “directions” would be associated with these devices used for hire, therefore there would be no way to ensure the device would be used in a manner that would not create an unsafe situation for the public.

4. In the normal registration process of a pesticide the Environmental Protection Agency (EPA) assesses the risk of using a pesticide and directs registrants on what labeling use directions or restrictions are needed. EPA only requires manufacturers of devices to register their device with EPA and they register an EPA establishment number. With respect to devices, EPA does not review their efficacy or risk created by their use. Neither does it review or require directions for use to be submitted to or approved by them. Therefore, to ensure public safety, this requirement fell on the Department and necessitated the development of these Rules.

5. The Department obtained input from USDA and the Colorado Department of Public Health and Environment (CDPHE) when creating this Rule. CDPHE generated modeling data showing the potential amount of carbon monoxide that could leak into a structure. This data showed that in certain circumstances carbon monoxide levels could rise to deadly levels within minutes and create a situation where adverse impacts to health and safety were possible, including death.

6. Part 1.02 (m) was created to define devices for which licensure is required and link their definition to “pesticides”. This allowed all PAA licensure and business requirements for the use of a pesticide for hire to be extended to devices being used for hire where applicable.

7. Parts 6.01 and 6.03 were amended to clarify that recordkeeping requirements pertaining to the use of a device that requires licensure are outlined in Part 15.07 of the Rule.

8. Parts 10.04 and 10.05 were amended to address customer notification requirements for the use of devices that require licensure. The Rule now requires licensees using a device requiring licensure to meet similar notification requirements to the customer as for other pesticide applications, including providing the date and time of application and any precautionary statements from the device directions.

9. Part 15.05 was amended to clarify that it is a violation to use a device that generates a pesticide in a manner inconsistent with these Rules. It requires that these devices may only be used for burrowing rodent control and that the Commissioner may approve other uses if the Commissioner can determine that such use will not pose a risk to the public health or safety.

10. Part 15.06 was created to allow device applications up to the foundation of occupied structures.

Part 15.06 (a) specifies the distances within which additional precautions must be taken. The additional precautions outlined in 15.06(b) are intended to ensure that occupants of structures will not be exposed to carbon monoxide in situations where carbon monoxide accidentally leaks into a structure. The precautions include evacuating the structure and require the applicator to “clear” the structure with a carbon monoxide monitoring device prior to allowing any occupants back into the structure. Part 15.06(b) also requires information be provided to the customer on carbon monoxide poisoning symptoms and directions to evacuate and seek medical attention, should they have symptoms following the application.

11. Part 15.07 was created to require recordkeeping of device applications. These recordkeeping requirements will allow the Department to investigate the proper use of a device in the case of a complaint and to ensure applicators are complying with the application precautions and requirements outlined in Part 15.06. 18.16. Adopted November 10, 2015 – Effective December 30, 2015.

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”), §§ 35-10-109(2) and 35-10-118(2), C.R.S.

The purpose of these proposed Rules is to adopt new Rules to: (1) meet the requirements of training specified in SB 15-119; (2) re-define commercial business locations; (3) create a new Post Harvest Potato Pest Control licensure category; (4) allow for electronic notification of pesticide applications and; (5) make necessary conforming language changes. Specifically:

(1) Rule 1.02 is amended to add the definition of a “ready to use pesticide”.

(2) Rule 5 is amended to fix a typographical error from previous Rules.

(3) Rule 5.02 is amended to clarify that the technician training required in Rule 5.02 does not apply to non-registered limited commercial applicator and non-registered public applicators.

(4) Rule 10.01 is amended to create a new Post Harvest Potato Pest Control category and provides for the award of the category for existing licensees holding the Stored Commodities Treatment category and for licensure and renewal requirements after January 1, 2016.

(5) Parts 8, 9 and 10 are amended to allow for electronic notification of pesticide applications.

(6) Part 11 is amended to correctly state new terminology regarding “safety data sheets”.

(7) Update address of the Department.

(8) Create a new Part 16 to address training requirements as a result of SB 15-119 for nonregistered limited commercial applicators and non-registered public applicators. This Part outlines what training is required for the use of certain general use pesticides, when training is required, how training can be met and recordkeeping requirements.

(9) These amendments incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

(1) The current Stored Commodities Treatment category focuses on the fumigation and treatment of raw grains in storage facilities; such as silos and grain bins. It was brought to the Department’s attention that post-harvest potato treatments, which have been conducted under the current Stored Commodities category since the 90’s, are significantly different in the equipment required and knowledge needed to conduct these specialized pesticide applications. The Department verified this and in the course of considering this licensure category found several other states that have significant potato agricultural industries have a specific post-harvest potato treatment licensure category. Since the Department’s current Stored Commodities Treatment category does not adequately address post-harvest potato treatments and due to the complexity and knowledge needed to perform these applications, the Department is proposing this new licensure category.

The study guide and exam was done in cooperation with post-harvest potato treatment applicators.

(2) The proposed Rule 10.01 (h) will provide for licensees with the current Stored Commodities treatment category to be awarded the Post-Harvest Potato Treatment category, because under the Stored Commodities category they were already allowed to perform these applications prior to the creation of this new licensure category, and outlines the time frames when examination, continuing education and renewal are required.

(3) The Department was approached by industry to consider a Rule change to allow required notices of pesticide applications outlined in Rules 8.03, 9.04 and 10.06 to be provided electronically to their customers. As technology has evolved more commercial applicator customers request that these notices of pesticide applications be sent via electronic means, rather than posting a written paper notification on a door that they may never enter. The proposed Rules in 8.03, 9.04 and 10.06 provide a means for commercial applicators to confirm and maintain a record that their customer has requested an electronic notice and clarifies the circumstances when an electronic notice can and cannot be used in place of written notification.

(4) Rule 10.07 is a new Rule addressing notification in multi-unit structures when common areas have been treated, which had previously not clearly required posting. The Department added this additional clarification due to on-going complaints that structural applications made to common areas are not adequately communicated to persons living in the structure who must pass through these areas to gain entry to their unit.

(5) As a result of SB 15-119, a new Part 16 has been created to address the new training requirements for any owner or designee of a non-registered limited commercial applicator and any employee of a non-registered public applicator making applications with a general use pesticide. During the Department’s discussions with the Department of Regulatory Agencies, this recommendation was made to address concerns expressed during the Pesticide Applicator Act Sunset review by those that felt that a higher level of training should be required for nonregistered limited commercial and non-registered public applicators that make similar pesticide applications as those made by commercial applicators and who are held to a higher standard of training and knowledge. Additional training for individuals making pesticide applications in areas that are considered “sensitive sites”, such as schools and health care facilities, were a concern as well. The Department took into consideration comments received from industry and during the legislative session that antimicrobial pesticides, i.e.: cleaning products, or those that were packaged in a ready to use containers that do not require mixing or loading of the pesticide into separate containers and limit the user to smaller quantities that limit potential exposures to the end user or public were beyond the scope of pesticide use that should require this additional training.

(6) The Department is proposing the following new Rules to address SB 15-119. Rule 1.02(i) provides the definition of a “ready to use” pesticide. Rule 16.01 outlines the scope of whom this

Rule applies to. Rule 16.02 clarifies what general use pesticides require training to use. Rule 16.03 clarifies what general use pesticides do and do not require training. Rule 16.04 outlines what core pesticide safety training subjects must be covered and the manner in which the training may be met. Rule 16.05 clarifies how often the training must be conducted and Rule 16.06 outlines how long records of the training must be maintained.

(7) The Rules are being amended to address typographical errors, make conforming language changes and update verbiage to current regulatory references. 18.17. Adopted February 10, 2016-Effective March 30, 2016 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 ( “PAA”) Sections 35- 10-118(2), 35-10-117(1)(i) and 35-10-117(2)(a), C.R.S.

The purpose of these Rules is to establish the criteria for determining which pesticides may be used in the cultivation of cannabis to prevent unsafe use. They also change the recordkeeping period for Private Applicators. Specifically these Rules:

(1) Create a new Part 17 which specifically addresses the use of pesticides in the production of cannabis;

(2) Create a new Rule 17.01 which establishes definitions specific to “cannabis”, “human consumption”, and “tolerances”;

(3) Create a new Rule 17.02 which provides that the Department will publish the list of pesticides that meet the criteria for use on cannabis;

(4) Create a new Rule 17.03 which provides that all pesticides used in the cultivation of cannabis must be registered with the Department;

(5) Create a new Rule 17.04 which establishes the criteria for determining which pesticides may be legally used in the cultivation of cannabis in accordance with Sections 35-10- 117(1)(i) and (2)(a), C.R.S., which prohibits the use of pesticides in an unsafe manner;

(6) Create a new Rule 17.05 which allows the Commissioner to prohibit the use of any pesticide product on cannabis if he determines that such use may pose a significant threat to public health and safety or the environment, even though it otherwise satisfies the criteria for use on cannabis in Rule 17.04; and (7) Update Rule 6.05 to match the two year private applicator recordkeeping requirement in the PAA.

Factual Policy and Issues The factual policy and issues encountered when developing these Rules include:

(1) The use of pesticides in Colorado is regulated under the Pesticide Applicators’ Act, Sections 35-10-101 – 128, C.R.S. Pesticide regulation is based on the labeling of the pesticide product, the language of which is enforceable under the PAA. Because cannabis is not a specifically listed crop on any label currently registered with the Department, products with broad label statements that do not prohibit use on cannabis are currently the only ones that may be used legally on cannabis in Colorado.

(2) These Rules and criteria are being established to allow the use of certain pesticides in the cultivation of cannabis based on the available science and information the Department can confirm at this time. Without these Rules and the criteria they set out, the use of a pesticide that has not had a tolerance established for use on edibles (food), or the use of a pesticide that is not intended to be consumed through inhalation by smoking, could be allowed on cannabis by a broadly worded label, even though such use would be “unsafe” under Sections 35-10-117(1)(i) and (2)(a, C.R.S.

(3) Both the PAA and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) require that all pesticides be applied in strict accordance with the label directions for the particular product. As part of the directions for use, pesticide labels specify the particular crops and/or sites to which they can be applied. Depending on the particular pesticide, the crops/sites listed on the label can be expressed very specifically (e.g., “wheat”), or more generally (e.g., “grain crops”). While a pesticide with a label that specifies “wheat” can only be applied to wheat, a pesticide that lists “grain crops” on the label can be applied to wheat, barley, oats, rye, etc. In determining which pesticides, if any, may be used legally on cannabis, CDA initially consulted with the U.S. Environmental Protection Agency (EPA) as to whether there might be any general crop groups, such as herbs, spices or vegetable gardens, into which cannabis might fit (note: there are no registered pesticides that specifically list cannabis as a crop on the label). The current position of EPA is that cannabis is not an herb, a spice or a vegetable. However, EPA agrees that, depending on actual label language, it is not a violation of a pesticide label under the PAA or FIFRA to use the product on cannabis if it has certain, very generally worded descriptions of crops/sites on the label, and the product’s active ingredient is exempted from the requirement of a tolerance.

(4) Tolerances are established by EPA in accordance with the Federal Food and Drug Cosmetic Act, U.S.C. Title 21, Section 408. A tolerance is the maximum amount of the active ingredient of a pesticide product that is allowed to remain in or on a food crop as residue after application of the product. Pesticide products that have significant toxicity, which could pose a hazard to public health if threshold amounts are exceeded when consumed and could result in acute or chronic poisoning, are required to have tolerances established by EPA. Tolerances for a given active ingredient typically vary depending on the specific food crop to which it is applied. EPA sets tolerances by determining that there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residues at the tolerance levels established, including all anticipated dietary exposures. Exemptions from tolerances are established under 40 CFR, Part 180, Subpart D: 180.900: “... An exemption from a tolerance shall be granted when it appears that the total quantity of the pesticide chemical in or on all raw agricultural commodities for which it is useful under conditions of use currently prevailing or proposed will involve no hazard to the public health.”

(5) Section 3 of FIFRA provides EPA the authority and 40 C.F.R., Parts 150-167, outline the requirements to register a pesticide with EPA. Pesticide labeling is derived through EPA’s risk assessments required to be conducted as a condition of registration that determine the manner and rates of application in which a pesticide may be used on a site or a crop without resulting in adverse impacts to public health or the environment. To date no risk assessments have been conducted specifically for pesticide use on marijuana.

(6) Risk assessments have been conducted to determine what pesticide active ingredients are tolerance exempt. EPA has determined that for those active ingredients determined to be tolerance exempt, “...the total quantity of the pesticide chemical in or on all raw agricultural commodities...will involve no hazard to the public health.”

(7) EPA requires that a pyrolysis study be conducted during the risk assessment process for products intended to be smoked such as tobacco, unless EPA has exempted the pesticide from pyrolysis studies due to the nature of the pesticide.

(8) The Colorado Food and Drug Act (CFDA) provides the Colorado Department of Public Health and Environment (CDPHE) with authority over cannabis contaminated with pesticide residues (“adulterated” under the CFDA) that is very similar to the authority used by the Food and Drug Administration to deal with pesticide contamination of all other agricultural crops. The CFDA gives CDPHE specific authority over “unsafe”

“pesticide chemicals” in “raw agricultural commodities,” the definition of which is broad enough to include cannabis which is grown, harvested and then processed and sold for consumption through various means, including ingestion as a component of food (in edibles).

Under the CFDA, “food” is defined to mean “articles used for food or drink for man or other animals...and articles used for components of any such article.” C.R.S. § 25-5- 402(11). “Food” includes any “raw agricultural commodity,” which is “any food in its raw or natural state....” C.R.S. § 25-5-402(21). Cannabis, which is grown and used as a component in many forms of edible food products, thus qualifies as a raw agricultural commodity under the CFDA. Although not all cannabis is used in edibles (“food” under the CFDA) cannabis can be used for any purpose after harvest, including food use, thus warranting treatment of all cannabis crops as a food for pesticide regulation purposes.

Under Section 25-5-410(1)(b)(II) of the CFDA, “a raw agricultural commodity” is “deemed to be adulterated” if “it bears or contains a pesticide chemical which is unsafe within the meaning of Section 25-4-413(1)” unless the concentration of the residue is less than the tolerance set for the commodity or is tolerance exempt as provided for in Section 25-5- 413(1). Section 25-5-413(1) in turn states that, “[a]ny pesticide chemical in or on a raw agricultural commodity...shall be deemed unsafe for the purpose of application of Section 25-5-401(1)(b)” unless there is a tolerance established for that crop and the residue level is within that tolerance. Thus unless a pesticide found on a cannabis crop has a tolerance for use on cannabis or is tolerance exempt, its presence in any amount on cannabis constitutes adulteration that renders the cannabis unsafe for human consumption under the CFDA as a matter of law. These Rules reflect and follow the General Assembly’s determination in the CFDA that consumption of food containing pesticides without a tolerance or exemption is unsafe. The Rules thus prohibit the application of such pesticides to cannabis as similarly unsafe as under the PAA in order to prevent adulteration from pesticides as addressed in the CFDA from occurring.

This approach for regulating pesticide use in order to prevent contamination of cannabis is the same as EPA and CDA apply to any other multipurpose-purpose agricultural commodity that can be used in food after harvest. It reflects the fact that neither EPA nor CDA have any way of knowing or controlling what a grower of such crop chooses to do with the crop once harvested. For example, under EPA’s registration system, any pesticide labeled for use on cotton, which once harvested can be used for both fiber and food (in the form of cotton oil), must have a tolerance established and be labeled for food use even though the particular cotton crop to which it is applied in the field may not ultimately be used as food.

(9) Depending on how it is processed and sold after harvest, cannabis may be consumed through inhalation (smoking), ingestion (eating) and through dermal exposures (creams and lotions applied topically). Due to the lack of specific risk assessments or tolerances for use of any pesticides specifically on cannabis CDA, in accordance with the CFDA, has determined that it is unsafe to apply any pesticide to cannabis that requires a tolerance for applications to raw commodities or that is not approved for use on tobacco.

The heightened safety concern created by the multiple ways in which cannabis is consumed was highlighted recently by the marijuana industry’s widespread use of a product called Eagle 20 which contains the active ingredient myclobutanil. In a May 2015 lawsuit against the City of Denver and CDA challenging the City’s hold orders preventing the sale of marijuana on which myclobutanil was found, a marijuana grower argued that myclobutanil was safe to ingest and smoke. Because no risk assessments had been conducted specifically for the use of myclobutanil on marijuana and no tolerances for such use were established, the City and CDA argued that it was unsafe to use myclobutanil on marijuana. Although the judge ruled in the City’s and CDA’s favor and sustained the hold orders, based on the scientific information available at that time and presented to the court, the judge stated in his ruling that, “The evidence at the hearing strongly suggests that myclobutanil is likely safe for use on marijuana and that the levels of myclobutanil found on the Plaintiff’s marijuana would not constitute a health threat to those who ingest it, either through eating or smoking”.

Only a month later, in June 2015, Frank Conrad, the Lab Director of Colorado Green Lab, confirmed the City’s and CDA’s concerns when he analyzed the known chemical and physical properties of myclobutanil and reported in his paper, “Eagle 20 and Myclobutanil in the Context of Cannabis Cultivation and Consumption,” that when heated above 205 degrees Celsius (cigarette lighters burn at 450 degrees Celsius) myclobutanil forms hydrogen cyanide (HCN). Conrad’s paper points out that HCN is known to cause serious neurological, respiratory, cardiovascular, and thyroid problems and that cannabis retaining even marginal amounts of myclobutanil (ex. 0.03 ppm) could potentially expose consumers to non-lethal, but clinically relevant levels of HCN. This illustrates the potential danger of using a pesticide on cannabis that does not meet the criteria established in these Rules, including tolerance exemption of all active ingredients and EPA approval of use on tobacco (which is consumed through inhalation).

(10) CDA has identified certain pesticide products whose use on cannabis would not constitute a violation of the label due to the very general use statements on the label. In addition, because the active ingredient(s) of these pesticide products are exempt from a tolerance requirement they in most cases provide for use on crops that may be consumed. However, broad labeling and a tolerance exemption for food use does not necessarily mean the active ingredient was tested or approved for use on products to be smoked, such as tobacco. Since cannabis may also be consumed by smoking, any pesticide product allowed for use on cannabis must also have active ingredients that are approved for use on tobacco to ensure EPA has considered use on commodities intended to be smoked in their risk assessment.

(11) CDA is proposing that the only pesticides allowed for use on cannabis be those registered with CDA in accordance with Title 35, Article 9, C.R.S. This will prevent the application of “home-made” pesticide concoctions containing active ingredients that may be unknown and could pose a serious health risk to the applicator and end user if consumed. This will also ensure that any pesticide product applied to cannabis has had a risk assessment conducted to determine allowed uses.

(12) These Rules set forth the specific criteria, which if met, will prevent the use of pesticides for the cultivation of cannabis in an unsafe manner that would violate Sections 35-10- 117(1)(i) and (2)(a) C.R.S.. Section 3 registered pesticide products may be used on cannabis if:

(a) The active ingredients have been determined to be tolerance exempt from the requirements of a tolerance, as established under 40 C.F.R. Part 180, Subparts D and E. EPA has established in the risk assessment process that these products are of lowest toxicity and therefore do not require tolerances to be established for use on raw commodities.

(b) The label has broad language that allows the use of the pesticide on the site of application. The term “site” includes all sites of application, including interior, exterior sites, structures in which application may be made, as well as the actual plant or crop.

(c) The pesticide product label expressly allows use on crops intended for human consumption. This is intended to prevent the use of pesticides on cannabis that although broadly labeled, are not tested or intended for use on food crops.

(d) The pesticide’s active ingredients must be allowed by EPA for use on tobacco.

Pesticide products may contain active ingredients that have had risk assessments conducted for consumption in food, but those active ingredients may not have been tested or intended to be burned and inhaled. Requiring that all active ingredients in pesticides used on cannabis have EPA-allowed uses on tobacco, will ensure that EPA has considered this in their risk assessment process.

(e) Some pesticide products may meet all of the required criteria except being expressly labeled for food use due to marketing toward other markets.

Nevertheless, if CDA can verify with the manufacturer that the product’s master label allows food uses and that all of the active and inert ingredients are allowed for use on food crops and tobacco, CDA through this Rule will have the authority to allow the product’s use on cannabis.

(13) Under the authority of Section 24(c) of FIFRA, states may register an additional use of a federally registered pesticide product, or a new end use product, to meet special local needs. EPA reviews these registrations, and may disapprove the state registration if, among other things, the use is not covered by necessary tolerances, or the use has been previously denied, disapproved, suspended or canceled by the Administrator, or voluntarily canceled subsequent to a notice concerning health or environmental concerns.

These Rules will allow the use of pesticide products on cannabis that have gone through the 24(c) registration process. The 24(c) process will require additional data submission specifically to address use on cannabis, including residue studies and considerations for extracts as well as submission of specific use instructions for use on cannabis. EPA will review this information and deny the registration if it does not support the use.

(14) EPA has determined that certain “minimum risk pesticides,” commonly referred to as “25(b) pesticides,” pose little to no risk to human health or the environment. EPA has exempted them from the requirement that they be registered under FIFRA. These products must still be registered with CDA and meet minimum FIFRA standards for labeling requirements and claims.

There may be some 25(b) products that the manufacturer did not intend to allow end users to consume. The Rule will only allow the use of 25(b) minimum risk pesticide products on cannabis if the pesticide labeling allows use on crops or plants intended for human consumption.

(15) The Rules will allow the Commissioner to prohibit the use of any pesticide that he determines could pose a threat to public health and safety or the environment, even if it otherwise meets the Rules’ criteria. Pesticide use on cannabis is a newly regulated area of agriculture and new information is coming to light daily. This will give CDA the means to stop the use of any previously approved pesticide when new information or science establishes that such use would be unsafe.

(16) Applying the criteria in the Rules to the more than 12,000 pesticides currently registered with the State of Colorado, CDA has determined that there are less than two hundred pesticides that can be legally used in the cultivation of cannabis. In order to inform cannabis growers which pesticides are available to them, CDA has created a list of pesticides that can be legally used. This list will be published on CDA’s website and updated as needed.

(17) As a result of SB15-119 the Private Applicator recordkeeping requirement was changed from three years to two years, to match the federal recordkeeping requirement. This change to Rule 6.05 will make the Rule consistent with the PAA. 18.18. Adopted September 20, 2017- Effective November 30, 2017 The 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)(a) and (b), C.R.S.

The purpose of these Rules is to add a new Post Harvest Potato Pest Control category; amend the criteria for determining which pesticides may be used in the cultivation of Cannabis to allow for the use of unregistered pesticides during research and demonstration activities only; to update commercial applicator storage signage requirements; and to make conforming changes to clarify existing Rules.

Specifically, these Rules:

1. Correct typographical errors and references.

2. Amend Rules 5.25, 5.26, 5.27, 5.28 and 10.03 to add the new Post Harvest Potato Pest Control 3. Amend 8.01(g) to make the “turf” reference consistent throughout this Part 8.

3. Amend Rule 11.05 to provide a more flexible manner in which commercial applicators must post signs notifying employees, first responders, and other parties of the presence of pesticides in pesticide storage areas.

4. Amend Rule 17.03 to allow the use of unregistered pesticides in the cultivation of Cannabis for research and demonstration purposes only.

5. Clarify which part of Rule 5.01 outlines the required training and experience to meet the qualifications of a New Hire Experienced Technician.

6. On December 30, 2015, a new licensure category, the Post-Harvest Potato Pest Control category (i.e., Category 308), was created. Prior to the creation of this licensure category, post-harvest potato pest control pesticide applications were performed under the Stored Commodities Treatment category (i.e., Category 305). Rules 5.25, 5.26, 5.27, 5.28 and 10.03 outline the technician training requirements and experience required to obtain a Qualified Supervisor’s license in the Stored Commodities Treatment category. To address the technician training and licensure experience requirements for the Post-Harvest Potato Pest Control category, the Department proposes to update Rules 5.25, 5.26, 5.27, 5.28 and 10.03 to add the Post-Harvest Potato Pest Control category so that the training and experience requirements are the same for this category as for its parent category.

7. The Turf Pest Control category and the Ornamental Pest Control category fall under the broad definition of “ornamental” applications. The Rangeland Pest Control category defines sites of applications for this licensure category and requirements that applicators who make applications in a forested area that is within fifty feet of a residence or commercial structure also comply with the posting and notification requirements in the Turf Pest Control category. Rule 8.01(g) currently references the Turf Pest Control requirement and uses the general “ornamental” term. To clarify the rule requirement, the Department proposes to reference the Turf Pest Control category throughout.

8. Rule 11.05 sets forth that warning signs are required for pesticide storage areas or entrances thereto. The current Rule has specific verbiage which pesticide storage signs must meet. When this Rule was originally created, applicators could purchase signs with this exact verbiage.

However, pesticide storage signs currently available for sale no longer contain the required language in the PAA. Because the Rule states that pesticide storage signs “shall” be marked with the specific verbiage used in the Rule, companies must now create their own pesticide storage signs to be in compliance with the Rule. The Department wants to amend Rule 11.05 to permit the use of other types of standardized pesticide storage signage, while maintaining the emergency contact information requirement and storage marking provisions already contained in the Rule, as well as requiring that any applicator who obtains a waiver of this sign requirement from a local fire department maintain a copy of that waiver in the applicator’s files for Department review.

5. On March 30, 2016, the Department passed Rules that outlined the criteria for which pesticides may be applied in the cultivation of Cannabis. Specifically, Rule 17.03 limited the use of pesticides in the cultivation of Cannabis to registered pesticides only. In May 2017, HB 1367 was passed to allow marijuana cultivators and other persons to conduct research and demonstration activities related to pesticide use on marijuana. Research and demonstration activities are for the

purpose of developing data on currently unregistered pesticides or pesticides that are not registered for a specific use. The Department proposes to amend Rule 17.03 to allow the use of unregistered pesticides in the cultivation of Cannabis for research and demonstration purposes in accordance with the intent of HB 1367 and 40 CFR Part 172. 18.19. Adopted February 22, 2018 – Effective April 15, 2018 The 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)(a) and (b), C.R.S.

The purpose of these Rules is to incorporate federal statutory provisions by reference pursuant to § 24-4- 103(12.5)(a), C.R.S. Specifically, these Rules:

1. Amend the title to Part 1 of the Rule to include “Incorporations by Reference.”

2. Amend Part 1 by adding a new Rule 1.03 to address the incorporation by reference provisions.

3. Amend Rules 2.28, 6.05, 11.08, 17.03, 17.04(a)(1), 17.04(b)(1), and 17.04(d) by updating the references to the Code of Federal Regulations (“C.F.R.”) to include the date of the effective edition and by removing repetitive incorporation statements.

4. On September 20, 2017, the Commissioner of Agriculture adopted Rules to allow Research and Demonstration uses of unregistered pesticides for the cultivation of Cannabis. In this Rule the Department referenced the C.F.R.

5. On November 6, 2017, the Department was notified by the Office of Legislative Legal Services that the Department’s C.F.R. references incorporated into Rule did not comply with the requirements of § 24-4-103(12.5)(a), C.R.S.

6. The proposed Rule changes amend the title of Part 1 to add “Incorporations by Reference” and add a new Rule 1.03 to meet required provisions to incorporate by reference set forth in § 24-4- 103 (12.5)(a), C.R.S.

7. Rules 2.28, 6.05, 11.08, 17.03, 17.04(a)(1), 17.04(b)(1), and 17.04(d) are amended to update the C.F.R. edition date to meet required provisions of incorporation by reference as set forth in § 24- 4-103 (12.5)(a), C.R.S.

8. Rule 11.08 was amended to remove the existing incorporation language that is now redundant to

Rule 1.03. 18.20. Adopted November 15, 2019 – Effective December 30, 2019 These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to her authority under the Pesticide Applicators’ Act (“Act”), specifically §§ 35-10-118(2)(b).

The purpose of these proposed amendments is to:

Amend Part 1 and Part 10 of the Rules Pertaining to the Administration and Enforcement of the Pesticide Applicators’ Act (the “Rule”) to address new landlord and tenant bed bug reporting requirements created by House Bill 19-1328.

1. Pursuant to section 35-10-118(2)(b), C.R.S., the commissioner is authorized to adopt all reasonable rules for the administration and enforcement of this article, including, but not limited to: the establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this article.

2. During the 2019 legislative session, the Colorado General Assembly adopted HB 19-1328, effective January 1, 2020. HB 19-1328 amended Title 38, Article 12, Tenants and Landlords, concerning bed bugs in residential premises and established a requirement for commercial pesticide applicators to notify landlords and tenants of bed bug activity and provide remediation instructions.

3. Notification provisions created in HB 19-1328 expressly state that notification and reporting will be in accordance with rules established by the commissioner pursuant to Title 35, Article 10.

4. Part 1, Definitions; of the Rules associated with the Act is amended to add definitions established in HB 19-1328 to include “Contiguous Dwelling Unit,” “Dwelling Unit,” “Landlord,” and “Tenant” to ensure clarity in the new rules established in Part 10.

5. Part 10, Structural Applicators; of the Rules associated with the Act is amended to add new Parts 10.08(a) and (b) to establish what bed bug activity must be reported to the landlord and what remediation recommendations must be provided to the tenant.

6. A new Part 10.08(c) is created to require that the structural applicator who makes the report to a landlord retain a record of the report for three years. 18.21. Adopted December 8, 2021 – Effective January 30, 2022 The amendments to these Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“Department”) pursuant to the Commissioner’s authority under the Pesticide Applicators’ Act (the “Act”), §§ 35-10-118(2)(a), (b), (c), (d), (3)(a), (4), (5) and (9) C.R.S.

The purpose of these Rules is to incorporate new federal certification and training requirements pursuant to 40 C.F.R. Part 171 and to clarify existing Rule requirements. Specifically, the revisions to the Rules:

1. Update Part 1.02(j) to reflect that Article 36 of Title 12, C.R.S., was renumbered in 2019 and now exists at Article 240;

2. Amend Part 1.03 to incorporate by reference additional provisions from the Code of Federal Regulations;

3. Repeal Parts 2.05.5 and 2.38 consistent with Senate Bill 21-077 (Remove Lawful Presence Verification Credentialing);

4. Amend Parts 2.09 and 2.11 to clarify how applicants provide insurance information to the Department;

5. Create Parts 2.12(c) and (d) and 2.30(c) and (d) to clarify the meaning of adequate supervision by qualified supervisors;

6. Amend Part 2.34 and 2.50 to clarify qualified supervisor/certified operator and private applicator application requirements, respectively, including information on the age and date of birth of the applicant;

7. Amend Part 2.40 to clarify that qualified supervisors may only provide supervision in the licensure category or categories that he or she holds;

8. Amend Part 3.01 to adopt certification standards that meet or exceed federal standards for commercial and private applicators;

9. Amend Parts 4.01, 4.02, 4.04, 4.07 and 4.09 to clarify and update the process for submission of continuing education courses to the Department in a manner that meets federal recertification requirements in 40 C.F.R. § 171.107(b)(2)(iii);

10. Amend Parts 4.05 and 4.10 to clarify the requirements for approval or denial of continuing education courses;

11. Amend Part 5.02(h) to clarify that all training records must be recorded on forms provided by the Department and that those forms must be completed in full in order for a commercial, registered limited commercial, or registered public applicator to comply with the Department’s Rules;

12. Create Part 5.02(k) to comport certification and training requirements for technicians with new federal requirements at 40 C.F.R. § 171.201(d);

13. Create Part 5.02(l) requiring licensed or registered applicators to obtain training records for certain new technicians when those new technicians are hired and to maintain those records consistent with the Rules;

14. Create Part 5.02(m) establishing record retention and record sharing requirements, as well as identifying the records to which those requirements apply;

15. Amend Part 6.03(j) to include the license number as information that must be included on application records;

16. Create Part 7.01(a) to define the term “company business name” as that term appears in Parts 7.01(b) and (c);

17. Create Parts 8.03(f) and 9.04(e) to cross-reference notification and signage requirements appearing in Parts 12 and 13 of the Rules;

18. Amend Part 9.01(a) to clarify sites of application allowed under Category 206, Turf Pest Control;

19. Update Part 13.01 to cross-reference statutory requirements for notification at § 35-10-112(c), C.R.S.;

20. Update Part 13.02 to clarify that signage height requirements do not apply to notices required to be placed in a golf course clubhouses;

21. Update Part 13.04 to clarify notice requirements for gold course clubhouses;

22. Create Part 15.02(c) to adopt private applicator supervision standards that meet or exceed federal standards;

23. Amend Part 17.03 to clarify when existing stocks of certain pesticide products may be used after the product becomes unregistered;

24. Amend Part 17.04 to clarify that no person may use pesticide products on Cannabis if those pesticide products do not meet the conditions specified in Rule; and 25. Correct non-substantive typographical, formatting, and grammatical errors throughout the Rules.

25. Article 36 of Title 12, C.R.S., was renumbered in 2019 and now exists at Article 240. Part 1.02(j) was updated to reflect the correct statutory provision 2. When an agency incorporates material by reference in its Rules, it must comply with § 24-4- 103(12.5)(a), C.R.S. Various edits to these Rules reflect those requirements.

26. On May 27, 2021, Governor Jared Polis signed Senate Bill 21-077 into law. SB21-077 repealed requirements at § 24-34-107, C.R.S., that required individuals applying for licenses with the Department to provide evidence of lawful presence in the United States. As a result, the Department is repealing Parts 2.05.5 and 2.38 concerning the requirement to establish lawful presence as a condition of licensure.

27. Parts 2.09 and 2.11 concern requirements that applicants for licensure provide proof of insurance on a form provided by the Commissioner. However, over the past decade, insurance providers have expressed concern over the language in the Department’s form. This causes delay in processing applications. The Department is aware that the information it requests is often covered by industry forms, such as the ACORD form. Therefore, the Department is revising Parts 2.09 and 2.11 to provide flexibility to applicants and to allow the Department to accept standard forms, including the ACORD form, issued by insurance carriers.

28. Part 2.12 of the Rules, concerning adequate supervision of technicians by a qualified supervisor, was last reviewed in 2008. Since then, the pesticide applicator industry has evolved, such that a qualified supervisor is often employed by more than one commercial applicator business. This has caused confusion in the industry concerning the number of technicians that can be supervised by one qualified supervisor, especially when that qualified supervisor is linked to multiple commercial applicator businesses. The new Parts 2.12(c) and (d) clarify and confirm that a qualified supervisor may supervise one or more technicians employed by multiple commercial applicator businesses, so long as the aggregate number of technicians supervised never exceeds 15 at any one time.

29. On January 4, 2017, the U.S. Environmental Protection Agency published revised certification standards for pesticide applicators (82 Fed. Reg. 952), which standards became effective on March 6, 2017. To comply with these new federal standards, the Department must promulgate and revise its rules pertaining to certification and training of pesticide applicators consistent with the revised State Certification Plan submitted to EPA on March 6, 2020. Therefore, the Department is revising Parts 2.34 and 2.50 of the Rules to reflect requirements in 40 C.F.R. §§ 171.103(a)(1) and 171.105(g), specifically adopting a minimum age requirement for commercial and private applicator certification of at least 18 years old.

30. Over the past few years, there has been some confusion surrounding the types of activity that a qualified supervisor may supervise. Therefore, the Department is revising Part 2.40 to make clear that a qualified supervisor is only responsible for (and can only provide) supervision in the specific categories of licensure that he or she holds.

31. As described above, EPA revised its federal standards for the certification and training of licensed pesticide applicators in 2017. States must adopt certification standards that meet or exceed these federal standards. Therefore, the Department is amending Part 3.01 to require compliance with federal certification standards set forth in 40 C.F.R. §§ 171.103 and 105 for commercial and private applicators.

32. Colorado must also meet federal continuing education requirements at 40 C.F.R. §§ 171.107(b)(2)(i) – (iii) when approving, verifying the content of, and confirming an applicator’s attendance at continuing education courses (each a “CEC”). EPA updated these requirements in 2017, and the Department is updating Parts 4.02, 4.04, 4.05, 4.07, 4.09, and 4.10 accordingly.

The Department is also providing clarification on the timing and process for a course sponsor to seek approval for CECs. Specifically:

a. Revisions to Parts 4.02(b) and 4.07(b) clarify that requests for approval must be submitted on a form provided by the Commissioner;

b. Revisions to Parts 4.02(c) and 4.07(c) increase the number of days required to submit CECs to the Department for approval, allowing the Department sufficient time to review and respond to the increasing number and complexity of CEC approval requests that it receives;

c. Revisions to Part 4.02(d) and 4.07(d) provide clarity on what information must be provided to the Department to ensure that the content and quality of each proposed session complies with the Rules;

d. A new Part 4.02(e) and Part 4.07(e) confirm the session length(s) required to comply with the Rules;

e. A new Part 4.02(f) and Part 4.07(f) require that, subject to space availability, all courses must be open to all Colorado licensees. These revisions codify long-standing Department policy intended to ensure equitable CEC opportunities for all Colorado licensees. These revisions promote access to and availability of CEC courses to persons who must attend such courses in order to maintain and/or renew their respective licensure or registration status.;

f. Revisions to Part 4.04 and Part 4.09 describe the method by which a course sponsor must provide attendance confirmation to each attendee and the manner in which course sponsors verify course attendance for each attendee with the Commissioner; and g. Revisions to Part 4.05 and 4.10 clarify when the Department may deny a CEC request.

10. As described above, EPA updated its standards in 2017 for training of applicators and for documenting that training, requiring that commercial applicators maintain, provide upon request, and verify training documentation for noncertified applicators and their qualifications. As such, consistent with 40 C.F.R. §§ 171.201(d) and 171.303(b)(7)(vi), the Department is adding the following Parts to the Rules:

a. Part 5.02(h) to require that training be documented on a form provided by the Commissioner;

b. Part 5.02(k), which requires that all noncertified applicator training meets all provisions set forth in 40 C.F.R. § 171.201(d), which specifies subject matter that must be covered;

c. Part 5.02(l), which requires that an employer must obtain training records for a new hire experienced technician to ensure that the new hire experienced technician has met all of the training requirements established in the Rules; and d. Part 5.02(m), which defines the records that make up a technician’s training record, sets training record retention periods, and establishes a requirement that records be made available to the technician or the Commissioner upon request.

11. EPA also establishes recordkeeping requirements for commercial, registered limited commercial, and registered public applicators. In 2017, EPA updated the relevant standards at 40 C.F.R. § 171.303(b)(7)(vi)(I). Therefore, the Department is updating Part 6.03(j) accordingly, now requiring that commercial applicators record the name and certification number of those making or supervising pesticide applications.

12. Recently, the Department learned that commercial applicators and private applicators interpreted the term “company business name” in multiple ways when complying with Part 7.01 (Equipment Identification), sometimes including names or visual representations on equipment that differed from the name provided to the Department originally. Because the term “company business name” is not defined in Part 7.01, ambiguity exists with respect to whether the vehicle identification must be the company’s legal name, a trade name, a company logo, etc. Therefore, the Department is adding Part 7.01(a) to define the term “company business name” to include any name or trade name or trademark registered with the Colorado Secretary of State, any doing business as name as submitted in the licensee’s application, and any company logo that clearly communicates the licensee’s business name.

13. The Department’s Rules include requirements for notifying persons of pesticide applications in

Part 12 and for posting specific signage with information on the pesticide application in Part 13.

Because notification requirements are also referenced in Articles 8 and 9, and to ensure that the other notification and signage requirements in Rule are not overlooked, the Department is adding Parts 8.03(f) and 9.04(e) to cross-reference notification and signage requirements in Parts 12 and 13.

14. In 2010, the Department revised Part 8.01(i) concerning Category 109 to specify permitted sites of application within the Industrial and Right-of-Way Weed Control category. These sites included sidewalks, trails, paths, parking lots, and certain paved areas. This created confusion in the regulated community concerning whether Category 109 also covered areas that were abutted by or surrounded by turf because turf is covered under Category 206. Therefore, the Department is revising Part 9.01(a), Turf Pest Control, to provide additional clarity on what sites of application are allowed under Category 206 as compared with Category 109. Specifically, the Department is expanding Category 206 to allow application on certain managed turf, ornamental beds, xeriscaped areas, and sidewalks, driveways, etc. not located in a zoned right-of-way (which would fall under Category 109).

15. Part 13, Notification of Pesticide Applications, outlines specific flagging requirements for turf and ornamental applications. To provide additional clarification, the Department is proposing an amendment to Part 13.01 to add a reference to notification flags specified in statute.

16. Part 13, Notification of Pesticide Applications, outlines specific flagging requirements for turf and ornamental applications. Part 13.02 generally describes the required height of signs, but separate requirements exist for golf course clubhouses. To address this confusion, the Department is amending Part 13.02 to clarify that the height requirements do not apply when posting in golf course clubhouses and amending Part 13.04 to clarify signs posted at golf course clubhouses must be placed in a manner that is conspicuous and easily legible to those entering treated areas.

17. In 2017, EPA revised its requirements at 40 C.F.R. §§ 171.201(2)(iii)(A)(B) and (C) related to the supervision of restricted use pesticide applications made by private applicators who are 16 years of age. Accordingly, the Department has created Part 15.02(c) to identify under what circumstances a 16-year-old unlicensed technician may apply a restricted-use pesticide. The Department uses the term “unlicensed technician” to refer to “non-certified technicians” or “noncertified applicators,” these latter two terms reflecting the terminology used by EPA in the Code of Federal Regulations. The Department uses these three terms interchangeably in these Rules.

18. On March 30, 2016, the Department adopted Rules to outline the criteria for which pesticides were allowed for use in Cannabis cultivation. Part 17.03 requires that only registered pesticides be allowed for use in the cultivation of cannabis. However, Part 17.03 does not account for existing stocks policies at the state and federal level that allow for the limited use of existing stocks after a product becomes unregistered (absent a finding that the product poses a significant threat to public health and safety or the environment, in which case existing stocks cannot be used). Therefore, the Department is amending Part 17.03 to allow for the use during the subsequent registration year of an unregistered pesticide product that appeared on the Department’s list of pesticides allowed for use on Cannabis at the time of purchase, but was not re-registered with the Department for the subsequent registration year. This change will allow end users to use any remaining unregistered pesticide product, but only during the registration year following the manufacturer’s failure to renew the registration. This limited ability to use remaining stocks of an unregistered product does not extend to products that the Department has determined pose a significant threat to public health and safety or the environment.

19. The Department is also amending Part 17.04 to clarify that certain uses of pesticide products on cannabis are considered unlawful acts. Specifically, the Department is clarifying that it is unlawful for a person to use a registered pesticide in the production of cannabis when that product does not meet the criteria set forth in Rule – namely, the pesticide must met all requirements of Part 17.04(a)(1) – (4), Part 17.04(b)(1) – (3), Part 17.04(d), or Part 17.04(e). 18.22. Adopted November 8, 2023 – Effective December 30, 2023 The amendments to these Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“Department”) pursuant to the Commissioner’s authority under the Pesticide Applicators’ Act (the “Act”), §§ 35-10-112(1)(e) and (f), C.R.S., and §§ 35-10-118(2)(a) – (d), (3)(a) – (c), (4), (5) and (9), C.R.S.

The purpose of these Rules is to incorporate new federal certification and training requirements pursuant to 40 C.F.R. Part 171, to update the Rules consistent with requirements in Senate Bill 23-192 (“SB23- 192”), and to clarify existing Rule requirements. Specifically, the revisions to the Rules:

1. Amend Part 1.02(a) to use the same definition of “alley” as is found in § 42-1-102(3), C.R.S., and to align the meaning of “vehicle” with § 42-1-102(112), C.R.S.

2. Amend Part 1.02(o) to cross-reference the definition of “use” found in Title 35, Article 10, of the Colorado Revised Statutes.

3. Amend Part 1.03 to update materials incorporated by reference.

4. Amend Part 2.54 to match private applicator supervision and training requirements established in federal law.

5. Create a new Part 2.61(a) to establish and require licensure for private applicators in a new Aerial Pest Control licensure category as required by federal law.

6. Create a new Part 2.61(b) to establish and require licensure for private applicators in a new Soil / Non-Soil Fumigation Pest Control licensure category as required by federal law.

7. Amend Parts 4.11, 4.32, and 4.38 to add new continuing education subject matter requirements established in federal law.

8. Amend Part 5.02(c) and (k) to match and correctly refer to technician training and supervision requirements established in federal law.

9. Amend Part 8.01(d) to match language used in federal law.

10. Amend Part 8.01(j) and create a new Part 8.01(j)(1) to match the federal Public Health Pest Control category and to create a new “Government-Sponsored Public Health Pest Control”

11. Create a new Part 8.01(l) to establish and require licensure for commercial agricultural applicators in a new Aerial Pest Control licensure category as required by federal law.

12. Create a new 8.01(m) to establish and require licensure for commercial agricultural applicators in a new Soil / Non-Soil Fumigation Pest Control licensure category as required by federal law.

13. Amend Part 9.04(b) to clarify when and what notice of application must be provided for commercial properties or other sites managed or owned by an off-site organization or entity where an owner or agent of the site is not present at the time of application.

14. Amend Part 10.01(c) to align the Structural Fumigation licensure category with new federal requirements.

15. Amend Part 10.01(h) to remove language that is no longer applicable to the Post-Harvest Potato Pest Control licensure category.

16. Create a new 10.01(i) to establish and require licensure for commercial structural applicators in a new Soil / Non-Soil Fumigation Pest Control licensure category as required by federal law.

17. Amend Part 12.01 to clarify that the pesticide-sensitive registry application and medical justification must be for the person who will be listed on the registry.

18. Amend Part 12.02 to add addresses for principal place of employment, school, or both in accordance with new SB23-192 requirements and creates the definition of school this Part pertains to.

19. Amend Part 12.06 to clarify applicability and content of notice requirements for turf or ornamental pesticide applications for persons whose names appear on the pesticide-sensitive registry.

20. Amend Part 12.07 to clarify notice requirements for turf or ornamental pesticide applications and to include an electronic notification provision in accordance with SB23-192.

21. Create a new Part 12.08 to address other notice requirements in SB23-192 concerning turf or ornamental pesticide applications performed on a property that abuts or is entirely located within two-hundred and fifty feet of a pesticide-sensitive person’s listed principal residential address, provided the residential address appears in a database to be developed by the Department.

22. Amend Part 12.10 to clarify notice requirements for structural pesticide applications and to include an electronic notification provision for such applications.

23. Amend Part 15.02 to clarify supervision requirements established in federal law.

24. Correct non-substantive typographical, formatting, grammatical, and citation errors throughout the Rules.

25. The Department learned from stakeholders that the definition of “alley” in Part 1.02(a) is confusing in relation to abutting properties. The Department is updating the definition of “alley” to repeat the definition used in § 42-1-102(3), C.R.S., to clarify that an “alley” is not intended for through vehicular traffic by “vehicles” as that term is defined at § 42-1-102(112), C.R.S., and so would not include a bike path or trail.

26. In the 2023 legislative session, SB23-192 updated the definition of “use” (as in to “use” a pesticide) to meet the new federal definition of “use” established in 40 C.F.R. Part 171 in 2017.

Part 1.02(o) now cross-references the new definition of “use” at § 35-10-103(18), C.R.S.

3. As a result of new federal certification and training requirements in 40 C.F.R. §§ 171.201(b) – (d),

Part 2.54 is being amended to address new supervision requirements for private applicators that require “on-site” supervision for any use of a restricted use pesticide by an unlicensed individual, including specific training, qualifications, and use-specific conditions that must be met prior to the use of any restricted use pesticide by that unlicensed individual.

4. As a result of new federal certification requirements established in 40 C.F.R. Part 171 (2017), applicators must now hold, in addition to their primary licensure category, a new federal Aerial Pest Control category for any application(s) made aerially. A new Part 2.61(a) for private applicators and a new Part 8.01(l) for agricultural applicators has been created to establish the licensure category and the licensure requirement for aerial applications. The revisions provide for obtaining the new category by examination offered by the Department or other state lead agencies within the last 12 months, through reciprocal licensure, or through renewal of the category by obtaining continuing education credit.

5. As a result of new federal certification requirements established in 40 C.F.R. Part 171 (2017), applicators must now hold, in addition to their primary licensure category, a new federal Soil/Non- Soil Fumigation category for any application of a fumigant not made to a structure. A new Part 2.61(b) for private applicators, a new Part 8.01(m) for agricultural applicators, and a new 10.01(i) for structural applicators has been created to establish the licensure category and the licensure requirement for soil / non-soil fumigant applications. The revisions provide for obtaining the new category by examination offered by the Department within the last 12 months, through reciprocal licensure, or through renewal of the category by obtaining continuing education credit. Because soil and non-soil fumigation requirements change from state-to-state, the Department will not allow a person to obtain this licensure category by examination offered in another state.

6. The revised federal certification requirements also established additional core educational subject matter elements necessary for an applicator to obtain continuing education credit. Parts 4.11, 4.32, 4.38 have been amended to add these new elements.

7. The revised federal certification requirements now require that commercial applicator technicians must be fully trained prior to the use of an restricted use pesticide and that all supervision, training, qualification, and use-specific conditions at 40 C.F.R. §§ 171.201 must be met. Parts 5.02(c) and (k) have been amended to accurately reference these requirements.

8. Federal certification licensure categories were updated in 40 C.F.R. Part 171 (2017), and the language of Part 8.01(d) has been revised to match the federal Seed Treatment licensure 9. Federal certification licensure categories were updated in 40 C.F.R. Part 171 (2017). EPA updated the federal public health pest control category, requiring that the category address the use of restricted use pesticides in government-sponsored public health programs. Because this category no longer addresses general use pesticide applications for public health applications made for non-governmental persons or entities (which covers the majority of public health pest control applications in Colorado), the Department created a separate category for nongovernment commercial applicators who use pesticides for the management and control of pests having public health importance. The proposed amendment to Part 8.01(j) clarifies Colorado’s existing public health category for the use of general use pesticides for non-governmental public health pest control applications and adds a new 8.01(j)(1), “Government Sponsored Public Health Pest Control”, to meet the federal certification category.

9. The Department learned that Part 9.04(b) required clarification because the term “commercial” was not broad enough to cover the universe of applications contemplated in Part 9.04(b). The existing language had been specific to applications made to commercial properties, but it did not clearly address other sites that may not be considered “commercial” or zoned “commercial.” Part 9.04(b) has been amended to address those sites, including greenbelts or open space areas managed by off-site organizations or entities where an owner of the site or an agent of an owner of the site is not present at the site.

10. As a result of new federal certification requirements established in 40 C.F.R. Part 171 (2017) concerning soil/non-soil fumigation pesticide applications, Colorado needed to differentiate its existing fumigation category from the new federal category. Therefore, the Department has amended Part 10.01(c) to specifically reference “Structural Fumigation”; define applicable structural sites of application; and ensure that applicators know that category 303, Structural Fumigation, must be held for the application of a fumigant when made to any structure, regardless of the pest being controlled or other licensure category(ies) held by the applicator.

11. Because Part 10.01(h) included language concerning the Post-Harvest Potato Pest Control licensure category that is now obsolete, the Department has removed that language.

12. Part 12.01 establishes the requirement for a pesticide-sensitive person to submit an application to be placed on the pesticide-sensitive registry. Part 12.01 is being amended to clarify that the application and medical justification submitted must be for the person intended to be listed on the registry.

13. As a result of SB23-192, pesticide-sensitive persons may list their principal place of employment, principal school address, or both as an address or addresses requiring notification of turf or ornamental applications made at those sites. Part 12.02 has been amended to account for this statutory change and adds the definition of schools this Part pertains to.

14. Part 12.06 specifies what notification information must be provided to a pesticide-sensitive person whose name is on the pesticide-sensitive registry and clarifies that such notice must be provided when a commercial applicator makes a turf or ornamental application to a property that abuts the pesticide-sensitive person’s principal residential address and, if provided to the Department, to that person’s principal place of employment, school, or both.

15. SB23-192 provided for the electronic notification of pesticide applications to pesticide-sensitive persons. To clarify underlying notice requirements, the Department has amended Parts 12.07(a)

(concerning turf or ornamental applications) and 12.10(a) (concerning structural applications). To further clarify the circumstances and manner in which electronic notice is given to pesticidesensitive persons whose names appear on the pesticide-sensitive registry, the Department has added Parts 12.07(b) and 12.10(b), which describe that only one attempt at electronic notification is required; a record of the attempt must be maintained in the applicator’s records in order to avoid triggering non-electronic notification requirements; and any changes to the date, time, or location of application require an additional electronic notification to be made no less than 24 hours prior to the application.

17. SB23-192 required that, on or before July 1, 2024, the Department develop a searchable database of all properties that abut or are entirely located within two hundred and fifty feet of any residential address listed on the pesticide-sensitive registry. SB23-192 also required that, once that database was created, the Department adopt rules requiring that applicators provide notice of applications made to a property that is listed in the database as abutting, or being entirely located within two hundred and fifty feet of, the pesticide sensitive-person’s listed residential address, which address must be the person’s principal residential address in accordance with § 35-10-112(1)(c)(I)(A), C.R.S. A new Part 12.08 has been created to address these new requirements, effective July 1, 2024.I 18. As a result of new federal certification and training requirements in 40 C.F.R. Part 171 (2017),

Part 15.02 is being amended to clarify new supervision requirements for private applicators and commercial applicators that now require “on-site” supervision for any use of a restricted use pesticide. 18.23. Adopted March 20, 2024 – Effective May 15, 2024 The amendments to these Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“Department”) pursuant to the Commissioner’s authority under the Pesticide Applicators’ Act (the “Act”), §§ 35-10-118(2)(a) – (d), (3)(a) – (c), (4), (5) and (9), C.R.S.

The purpose of these Rules is to further clarify new federal certification categories pursuant to 40 C.F.R.

Part 171. Specifically, the revisions to the Rules:

1. Amend Part 2.61(b), 8.01(m) and 10.01(i) to separate the 309 Soil / Non-soil fumigation category into subcategories that specifically address soil and non-soil fumigation applications.

2. Amend Part 8.01(l)(1) to remove the word “agricultural” from the category 114, Aerial Pest Control category definition.

3. In 2023, to comply with federal certification and training requirements, the Department created a new Category 309: Soil / Non-Soil Fumigation Pest Control to address the use of fumigants in relation to all other existing licensure categories.

4. At the time the Department promulgated Rules establishing this category, the national soil / nonsoil fumigation guide and exam were not available and did not become available until late 2023.

By this time, the State of Colorado had already commenced creation of a state-specific examination for licensure in Category 309: Soil / Non-Soil Fumigation Pest Control.

3. While developing the state-specific exam for Category 309, the Department learned that, the Category 309 exam covered subject matter that was very specific to soil or non-soil applications.

Many test takers would only be making one of these types of applications and therefore the examination may not be representative of the knowledge required to perform those applications.

In short, the examination would test for both applications when only one of those applications would ever be made.

4. The amendments to the Rules create subcategories in the existing Category 309 to address examination for and certification in two distinct licensure subcategories: Category 309A, concerning the application of fumigants to soil primarily for the purpose of insect, weed and disease control, and Category 309B, concerning applications made to non-soil sites that primarily fall under the structural pest control classification. Category 303: Structural Fumigation Pest Control, will remain unchanged for fumigation applications made in or directly to structures.

5. The Department has learned that, although aerial applications have historically only been associated with agricultural applications, other non-agricultural pest management categories are or may utilize aerial application, particularly with unmanned aerial vehicles or UAVs. Therefore, the Department’s amendments to the Category 114, Aerial Pest Control, definition remove the “agricultural” pest management designation to clarify the aerial category is required in addition to any pest management category for which the application is made. 18.24. Adopted July 16, 2025 – Effective September 14, 2025 The amendments to these Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“Department”) pursuant to the Commissioner’s authority under the Pesticide Applicators’ Act (the “Act”), §§ 35-10-118(2)(a) & (b) C.R.S.

The purpose of these Rules is to further clarify new federal certification categories pursuant to 40 C.F.R.

Part 171 and Pesticide Sensitive Registry notification requirements. Specifically, the revisions to the Rules:

1. Amend Part 1.03 to update materials incorporated by reference.

2. Amend Part 2.14 and 2.28 to require commercial, registered limited commercial and registered public applicators applying pesticides aerially with Unmanned Aircraft Systems (UAVs) to provide a copy of their remote pilot’s certificate when applying for licensure to confirm certification through the Federal Aviation Administration to conduct such operations.

3. Amend Part 2.61(b) & (c), 8.01(m) and 10.01(c),(d) & (i) to specify these categories only apply to the use of fumigants designated as a restricted use pesticide.

4. Amend Part 12.06(b) and (c) to clarify required notification when Pesticide Sensitive Registry (PSR) applications are made to a school, employment locations or within 250’ of the PSR person’s principal address.

5. Amend 12.07(a)(1)(2)(3) & (4) to more clearly state notification timing or requirements.

6. Amend 12.07(b)(1)(3) & (5) to more clearly state e-notification timing or requirements and conforming changes.

7. Create a new 12.07(b)(6) to define electronic notification.

8. Incorporate the provisions the 250’ notification provisions of 12.08 into 12.06(c) and remove Part 12.08.

9. Amend 12.10(a)(1)(2)(3) & (4) to more clearly state notification timing or requirements.

10. Amend 12.10(b)(1)(3) & (5) to more clearly state e-notification timing or requirements.

11. Create a new 12.10(b)(6) to define electronic notification.

12. Amend Part 13.03 and 13.04 to more clearly state existing flagging requirements 1) Amend Part 2.14 and 2.28; the last several years the use of unmanned aircraft systems (UAVs) has become more prominent throughout the commercial, registered limited commercial and registered public applicator industry. The Federal Aviation Administration (FAA) requires that any person flying UAVs for commercial purposes, must be certified as a remote pilot and hold a Remote Pilot Certificate issued pursuant to C.F.R. 14, Part 107. Historically, for an aerial endorsement on a commercial applicator’s license, the Department requires a commercial applicator to provide a copy of their Part 137, Agricultural Aircraft Operator Certificate, which is issued by the FAA and allows for the dispensing of economic poisons from aircraft for agricultural purposes. A commercial applicator dispensing economic poisons from a UAV must have both the

Part 137 and the remote pilot must have a Part 107 certificate to make UAV applications or for public entities the FAA can issue an exemption through a Certificate of Waiver Authorization for UAV operations. The proposed amendment will now require commercial, registered limited and registered public applicators utilizing UAVs for aerial operations to provide verification their remote pilots are certified in accordance with federal law.

2. In 2024, to comply with new federal certification and training requirements, the Department created a new Category 309A, Soil Fumigation and a new 309B, Non-Soil Fumigation Pest Control categories to address the use of fumigants in relation to all other existing licensure categories. The federal soil and non-soil fumigation certification requirements, established in 40 CFR, Part 171.103(13) & (14), are specific to fumigants designated as Restricted Use Pesticides.

3. The 309A and 309B Fumigation categories currently state the license is required for the use of “fumigants”, with no clarifying language to limit this requirement to federally designated Restricted Use Pesticides (RUP). There are General Use Pesticides (GUPs) that have the chemical characteristics that can meet the definition of a “fumigant”, but they do not carry the risk associated with RUPs, nor do they require any specialized training to use. The Rule as currently written would require certification in one or both fumigation categories for the use of these “general use” fumigants. The proposed amendments to Parts 2.61(b) & (c), 8.01(m) and 10.01(c), (d) & (i) will clarify that certification in the fumigation category(s) will only be required for the use of federally designated restricted use fumigants.

4. The proposed amendments to Part 12.06(a)(b) & (c), which outline the required elements of notification for turf and ornamental applications, will clarify when notice is required when applications are made to the PSR persons place of employment or school, and moves Part 12.08, the 250’ notification provisions that went into effect in July 1, 2024, into this Part 12.06. This will add clarity by placing all turf and ornamental notification requirements into Part 12.06.

5. The proposed amendments to 12.07(a)(1)(2)(3) & (4) are to more clearly state existing notification requirements, in the order they occur, and simplifying the language to make it easier for the regulated community to understand the requirements.

6. The proposed amendment to Part 12.07(b)(1)(3) & (5), which outlines the requirements for PSR electronic notification, is to simplify the language to concisely state that only one notice is required for electronic notification and conforming changes.

7. As of July 1, 2024, PSR electronic notification provision was enacted. Since that time many questions have come to the Department asking for confirmation of what types of electronic notification are allowed. The proposed 12.06(b)(6) defines electronic notification, for the purposes of these Rules, to be text or email notifications and excludes voicemail or social media.

8. Part 12.08 became effective July 1, 2024, adding a new notification requirement for applications that occur within 250’ of a PSR residence. To add clarity to the Rule, Part 12.08 notification requirements will be moved to Part 12.06, so all turf and ornamental notification requirements will be outlined in one section of the Rules.

9. The proposed amendments to 12.10(a)(1)(2)(3) & (4) are to more clearly state the notification requirements, in the order they occur, and to simplify the language to make it easier for the regulated community to understand the requirements.

10. The proposed amendment to Part 12.10(b)(1)(3) & (5), which outlines the requirements for PSR electronic notification, will simplify the language to concisely state that only one notice is required for electronic notification and conforming changes.

11. As of July 1, 2024, PSR electronic notification provision was enacted. Since that time many questions have come to the Department asking for confirmation of what types of electronic notification are allowed. The proposed 12.10(b)(6), defines electronic notification, for the purposes of these Rules, to be text or email notifications and excludes voicemail and social media.

12. The Department is proposing amendments to Parts 13.03 and 13.04 to simplify the language.

Part 13.04 was amended on May 3, 2004, to require the posting of flags within multi-unit complex common areas, to ensure residents were notified of applications occurring in the area. The intent of the Rule was to require posting in a manner that a flag would be visible when entering a common area, therefore providing notice to persons passing by or entering these areas that an application has occurred, so they may take any necessary precautions to avoid treated areas.

The Department never intended that it be a requirement to place flags at each turf or ornamental site that was treated within that common area. Over the last 20 years, the intent of this Rule has become less understood by the public or the regulated community. The proposed amendments to Parts 13.03 and 13.04 do not change the existing requirements, but rather simplify the language to add clarity of the posting requirements and the way they may be done. _________________________________________________________________________ Editor’s Notes

History Parts 2, 8, 9, 15, 16.11 eff. 09/30/2008.

Parts 15, 16.11 eff. 01/30/2009.

Parts 1, 5, 8, 12, 15, 16.12, 16.13 eff. 11/30/2010.

Rules 2.15-2.16, 2.49, 2.60-2.61, 6.03.k, 7.05, 8.01, 9.01, 10.01-10.02, 15.05, 16.14 eff. 07/30/2013.

Rules 1.02.m, 6.01, 6.03, 10.04-10.05, 15.05-15.07, 16.15 eff. 03/30/2014.

Entire rule eff. 12/30/2015.

Parts 6, 17, 18 eff. 03/30/2016.

Parts 1, 5, 8, 10, 11, 17, 18.18 eff. 11/30/2017.

Rules 1, 2.28, 6.05, 11.08, 17.03, 17.04, 18.19 eff. 04/15/2018.

Rules 1.02, 10.08, 18.20 eff. 12/30/2019.

Rules 1.02.(j), 1.03, Part 2, 3.01, Part 4 Subparts A-B, 5.01.(b)(1), 5.02, 5.05, 5.10, 5.15, 5.20, 5.23.(a), 5.27, 6.03.(b), 6.03.(j)-(k), 6.04, 6.05, 7.01, 7.05, 8.01.(h), 8.03, 8.04.(e), 9.01.(a), 9.02, 9.03, 9.04, 10.01.(h), 10.06, 10.08.(c), 11.05, 11.08, 12.08, 12.10, Part 13, 15.02, 15.05-15.07, Part 16,

Part 17, 18.21 eff. 01/30/2022.

Parts 1-5, 8-10, 12, 13, 15, 18.22 eff. 12/30/2023.

Rules 2.33, 2.61.(b)-(c), 8.01.(l)(1), 8.01.(m), 10.01.(i), 18.23 eff. 05/15/2024.

Rules 1.03, 2.14, 2.28, 2.61.(b)-(c), 8.01.(m), 10.01.(c)-(d), 10.01.(i), 12.06-12.07, 12.10, 13.03-13.04, 18.24 eff. 09/14/2025.

8 CCR 1203-3 RULES AND REGULATIONS PERTAINING TO THE PRODUCTION OF RAPESEED (CANOLA) [Repealed eff. 04/12/2012] {#sec-8-ccr-1203-3 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-3}

DEPARTMENT OF AGRICULTURE

Plant Industry Division RULES AND REGULATIONS PERTAINING TO THE PRODUCTION OF RAPESEED (CANOLA) - Repealed eff. 04/12/2012 6 CCR 1203-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________

Editor's Notes

History Entire rule repealed eff. 04/12/2012.

8 CCR 1203-4 RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE BEE AND BEE PRODUCTS ACT [Repealed eff. 05/30/2019] {#sec-8-ccr-1203-4 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-4}

DEPARTMENT OF AGRICULTURE

Plant Industry Division RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE BEE AND BEE PRODUCTS ACT - Repealed eff. 05/30/2019 8 CCR 1203-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Adopted April 11, 2019 – Effective May 30, 2019 Statutory Authority The repeal of these Rules is proposed by the Commissioner of the Colorado Department of Agriculture (“Department”) pursuant to her authority under § 35-25-105, C.R.S., of the Colorado Bee and Bee Products Act.

Purpose 1. The Colorado Bee Act and its Rules were adopted in 1963. Between 1963 and 1987, the Department inspected beehives in Colorado to identify bee diseases and to prevent the spread of those diseases from one apiary to another, requiring treatment or destruction of any diseased bee hives.

2. In the mid 1980s, the General Assembly mandated that the Department’s bee inspection program, which had been state-funded via the tax payer/general fund, be self-funded via registration/licensing fees paid by the owners of bee hives in Colorado. Given this change, the Bee Advisory Committee began advocating for the decrease in registration fees almost immediately. The Department discontinued routine bee inspections in 1987, and, by 1990, the registration requirements had been repealed, essentially defunding the bee inspection program and eliminating the Department’s responsibilities with respect to bee hive inspection and disease control.

3. As a part of the Departments Regulatory Efficiency Review Process between 2014 and 2017 CDA initiated stakeholder meetings with various beekeeping groups (i.e., the Colorado State Beekeepers Association, the Colorado Professional Beekeepers Association, the Colorado Commercial Beekeepers Association) and attended local bee club meetings to assess the need for bee health regulation and the desire of the beekeeping community to be regulated in a selffunded manner. CDA learned through these meetings that the majority of the beekeeping community did not want to be regulated by the Department, nor did it want to fund its own regulatory program.

4. Because the legislature determined that the bee inspection program should be self-funded, and because the funding mechanism (i.e., registration and licensing fees) no longer exists, the Department cannot engage in or mandate treatment and control of bee diseases and parasites.

5. The most prevalent issue faced by beekeepers concerns the health of native and managed pollinators. Based upon its meetings with members of the beekeeping community, both large and small, the Department has determined that pollinator health can best be improved with proper education regarding forage planting, pollinator nutrition, disease control, and proper bee husbandry. A regulatory program is not a substitute for educational programming.

Plant Industry Division 6. Pollinator health and bee husbandry is a crucial part of agriculture, and CDA will continue to survey diseases, parasites, nutrition, and education of beekeepers in proper husbandry through grant acquisitions in partnership with Colorado State University, University of Colorado, and the federal Farm Bill.

7. The repeal of these Rules does not and will not prevent beekeepers from working with the legislature to re-establish a funding mechanism for a bee inspection and health program in the future. In addition, should such a legislative change occur, the repeal of these Rules does not affect the Department’s ability to promulgate new rules in the future. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 05/30/2019.

8 CCR 1203-5 Rules Pertaining to the Administration and Enforcement of the Colorado Nursery Act {#sec-8-ccr-1203-5 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-5}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO

NURSERY ACT

8 CCR 1203-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

PART 1.0 DEFINITIONS 1.1 “Balled and burlapped nursery stock (B&B)” means nursery stock that has been removed from the growing site with a ball of soil, containing root and surrounded with burlap or other similar material to hold the soil in. 1.2 “Balled and potted nursery stock” means that nursery stock that has been removed from the growing site with a ball of soil, containing the root and placed in a container. 1.3 “Bare root nursery stock” means nursery stock that has been removed from the growing site with the root system substantially free of soil. 1.4 “Bedding plants” means any non-perennial herbaceous plant produced in flats, small pots or trays intended for transplanting in the garden, or landscape. 1.5 “Bench packed nursery stock” means bare root nursery stock with the roots packed in a growing medium mixture and encased in burlap or other material or placed in a container to hold the growing medium in place. 1.6 “Blend” means a combination of varieties of the same species of turfgrass in any percentages. 1.7 “Container grown nursery stock” means nursery stock that has been planted and grown in a container with the root system in soil or other potting mixture capable of sustaining normal plant growth. 1.8 “Etiolated growth” means bleached and unnatural growth resulting from the exclusion of sunlight. 1.9 “Fibrous roots” means an early stage of root growth producing numerous, extensively branched roots. 1.10 “Girdling” means a physical injury caused by a foreign object, such as, but not limited to, a rope or guy wire that compresses the outer surface of a plant stem or trunk deeply enough to constrict the cambium around the plant’s entire circumference in a manner that significantly impairs the viability of the plant by restricting the flow of fluids through the xylem or phloem. 1.11 “Girdling root” means a root that encircles the root ball and contacts the stem above the root system. 1.12 “In-ground fabric bag-grown nursery stock” means nursery stock that has been planted in a fabric bag with the root system in soil or in any other potting mixture capable of sustaining normal plant growth; and that in turn has been field planted while in the bag. 1.13 “Mixture” means a combination of two or more different species (kinds) of turfgrasses. 1.14 “Mechanical injury” means injury done to a plant by abiotic causes or physical damage that leads to deviation from normal growth such as, but not limited to, injury caused by equipment, chemicals, cold, lightning, water stress, wind, or hail. 1.15 “Named blend or mixture” means the sales name given to a particular blend or mixture of turfgrass by the grower. 1.16 “Packaged nursery stock” means bare root nursery stock packed with the roots in peat or other moisture-retaining material encased in plastic film or in any other material designed to hold the moisture-retaining material in place. 1.17 “Plantable container” means a container that when planted in the soil, will allow root penetration within one growing season. 1.18 “Primary bud” means the most vigorous bud at a node. 1.19 “Weeds” means any plant species other than species labeled in accordance with § 35-26-104 (1), C.R.S., and 4.2 of these rules.

PART 2.0 NURSERY STOCK SPECIFICATIONS

2.1 DECIDUOUS TREES

ROOT SPREAD - BARE ROOT TREES

Bare root trees shall have a minimum root spread as follows:

Caliper Min. Root spread Greater than 1/2 in. up to 3/4 in. 12 in.

Greater than 3/4 in. up to 1in. 16 in.

Greater than 1 in. up to 1 1/4 in. 18 in.

Greater than 1 in. up 1/4 to 1 1/2 in. 20 in.

Greater than 1 in. up 1/2 to 1 3/4 in. 22 in.

Greater than 1 in. up 3/4 to 2 in. 24 in.

Greater than 2 in. up to 2 1/2 in. 28 in.

Greater than 2 1/2 in. up to 3 in. 32 in.

Greater than 3 in. up to 3 1/2 in. 38 in.

2.2 DECIDUOUS SHRUBS

ROOT SPREAD - BARE ROOT SHRUBS

Bare root shrubs shall have a minimum root spread as follows:

Height of Plant Min Root Spread Greater than 18 in. up to 24 in. 10 in.

Greater than 2 ft. up to 3 ft. 11 in.

Greater than 3 ft. up to 4 ft. 14 in.

Greater than 4 ft. up to 5 ft. 16 in.

Greater than 5 ft. up to 6 ft. 18 in.

2.3 ROSE GRADES

The standards specified apply only to field-grown roses when sold bare root, or individually wrapped and packaged, or in cartons.

Roses shall be graded by number and caliper of canes.

As used in the grading specifications below, “strong cane” means a cane that is healthy, vigorous, and fully developed so that it is hardened-off throughout. The caliper of the cane shall be measured not higher than 4 inches from the bud union.

A. Hybrid Tea, Tea, Grandiflora, Floribunda Rugosa Hybrids, Hybrid Perpetuals, Moss, and climbing roses Grade No. 1- At least three strong canes measuring at least 5/16 inch in caliper, branched not Grade No. 1 1/2- At least two strong canes measuring at least 5/16 inch in caliper, branched not Grade No. 2- At least two canes, one of which shall be a strong cane measuring at least 5/16 inch in caliper. The second shall be at least 1/4 inch in caliper, branched not B. Polyantha, shrub, landscape and low growing Floribunda Roses Grade No. 1- At least three strong canes measuring at least 1/4 inch in caliper, branched not Grade No. 1 1/2- At least two strong canes measuring at least 1/4 inch in caliper, branched not Grade No. 2- At least two canes, one of which shall be a strong cane measuring at least 1/4 inch in caliper.

PART 3.0 CONDITION OF NURSERY STOCK

3.1 MECHANICAL INJURY

Nursery stock shall not be sold with any kind of mechanical injury including but not limited to girdling, which significantly impairs the viability of the plant.

3.2 CONTAINER GROWN NURSERY STOCK

All container grown nursery stock shall be kept and displayed under conditions of temperature, light and moisture sufficient to maintain the continuing viability and vigor of the stock. Container grown nursery stock shall not be sold or offered for sale in a root bound condition as evidenced by roots that have grown around the circumference of the container’s interior in a horizontal circular manner that adversely affects the viability of the plant.

NON-PLANTABLE CONTAINER

Nursery stock grown in a non-plantable container shall be established in the container and shall exhibit a well-rooted condition as evidenced by the presence of visible fibrous roots sufficient to keep the soil ball intact when removed from the container.

PLANTABLE CONTAINER

Nursery stock grown in a plantable container shall be placed in a container of a size adequate to contain the root system. Root systems for nursery stock grown in plantable containers shall conform to descriptions given under 2.1 and 2.2 of these rules.

3.3 BARE ROOT NURSERY STOCK

Packaged and unpackaged bare root nursery stock shall be kept and displayed under conditions of temperature and moisture sufficient to maintain the continuing viability and vigor. Such bare root nursery stock shall also be kept and displayed under conditions that will prevent etiolated or otherwise abnormal growth. Evergreens shall not be sold as bare root stock, except seedlings and transplants 12 inches or under.

WAXING

Colored waxes or other materials that coat the aerial parts of the plant and change the appearance of the plant surface in a manner that prevents adequate inspection are prohibited.

3.4 BALLED NURSERY STOCK

All balled nursery stock shall be kept and displayed under conditions of temperature, light and moisture sufficient to maintain the continuing viability and vigor of the stock.

BALLED AND BURLAPPED NURSERY STOCK

Balled and burlapped nursery stock shall be kept and displayed with the soil ball 75 percent covered by a moisture-retaining material such as soil, straw, sawdust, shrink wrap or mulch that will prevent desiccation of the root system and handled in such a manner that the soil ball will not become broken or loose. Balled and burlapped nursery stock with broken or loose soil balls shall not be offered for sale. Balled and burlapped nursery stock shall not be sold or offered for sale with girdling roots.

BALLED AND POTTED STOCK

Balled and potted nursery stock shall be kept and displayed in such a manner that the soil ball will not become broken or loose. Balled and potted nursery stock with broken or loose soil balls shall not be offered for sale.

3.5 TURFGRASS SOD

SPECIFICATIONS

Turfgrass sod shall be free of prohibited weeds, as specified in 9.0, and of the following grass species, except when any of these species is labeled for sale purposes in accordance with § 35-26-104(3), C.R.S., and Rule 4.2:

1. Bentgrass (Agrostis spp. – except in pure stands)

2. Bluegrass, rough (Poa trivialis)

3. Quackgrass (Agropyron repens) and shall contain no more than three plants of any other weed, as defined in 1.19, per 36 square feet of sod. Each 36 square feet of sod that is sold containing more than three plants of any other weed shall constitute a separate violation of these rules.

DISPLAY CONDITIONS

Harvested turfgrass sod shall, when offered for sale, be kept and displayed in such a manner that will maintain the continuing viability of the sod.

3.6 BENCH PACKED NURSERY STOCK

Bench packed nursery stock shall be kept and displayed with the roots surrounded by a moistureretaining material such as soil, straw, sawdust or mulch in a manner that will prevent desiccation and encased in burlap or other material or placed in a container to hold the growing medium in place. Bench packed nursery stock shall be kept and displayed under conditions of temperature, light and moisture sufficient to maintain the continuing viability and vigor of the nursery stock. Root systems for bench packed stock shall conform to descriptions given under 2.1 and 2.2 of these rules. Evergreens shall not be sold as bench packed stock.

3.7 IN-GROUND FABRIC BAG-GROWN NURSERY STOCK

In-ground fabric bag-grown nursery stock shall be kept and displayed under conditions of temperature, light and moisture sufficient to maintain the continuing viability and vigor of the stock. The bags shall be surrounded by a moisture retaining material to prevent desiccation of the root systems.

PART 4.0 SPECIAL LABELING REQUIREMENTS

4.1 BENCH PACKED NURSERY STOCK

Bench packed nursery stock shall bear a special label to read as follows:

BENCH PACKED NURSERY STOCK

This plant has been removed from the growing site in a bare root condition. A growing medium mixture has been packed around the roots.

This label shall be printed on a separate tag that is securely attached to each item of bench packed nursery stock when offered for sale.

4.2 TURFGRASS SOD

A seller of turfgrass sod shall state on the sales contract, invoice or bill of lading the genus and species, common name or named blend or mixture of turfgrasses involved in the transaction. Each different lot of harvested turfgrass sod shall, when offered for retail sale, be identified by a sign stating the genus and species, common name or named blend or mixture as stated on the sales contract, invoice or bill of lading from the grower.

4.3 IN-GROUND FABRIC BAG-GROWN NURSERY STOCK

In-ground fabric bag-grown nursery stock shall bear a special label to read as follows:

FABRIC BAG-GROWN NURSERY STOCK

The root system of this plant must be removed from the bag, with the soil ball intact, before planting.

This label shall be printed on a separate tag that is securely attached to each item of in-ground fabric bag-grown nursery stock when offered for sale.

4.4 COLLECTED NURSERY STOCK

Any plant collected from its original native habitat shall bear a special label that reads as follows:

COLLECTED NURSERY STOCK

This plant has been gathered from its original native habitat and was not grown in a nursery.

This label shall be printed on a separate tag that is securely attached to each item of collected nursery stock when offered for sale.

PART 5.0 FEES

5.1 INSPECTION FEES - ACTUAL COST

A charge of forty-five dollars ($45.00) per hour per inspector for actual inspection time shall be collected to defray the costs of inspections made pursuant to the statute. The minimum charge for each inspection made shall be the charge of one hour of inspection time.

5.2 REGISTRATION FEES

The annual fee for a registration as required by § 35-26-106(1), C.R.S., shall be one hundred seventy dollars ($170.00) for each place of business.

PART 6.0 REQUIREMENTS FOR COLLECTORS

6.1 EVIDENCE OF AUTHORIZATION FOR COLLECTION OF NURSERY STOCK

Evidence of authorization to have collected any and all nursery stock held or offered for sale shall consist of the following information:

Bill of sale or other document attesting to sale of trees, shrubs or other nursery stock, issued by the owner of a property, either private or public, from which the nursery stock was collected; or Written contract or agreement between a collector and a property owner authorizing the collection of nursery stock from the property.

PART 7.0 STANDARDS AND FEES FOR QUALIFICATION OF NURSERY STOCK INSPECTORS

7.1 DEMONSTRATION OF KNOWLEDGE

Persons who seek to contract with the Department of Agriculture to perform nursery stock inspections shall demonstrate knowledge suitable to perform inspections of nursery stock concerning plant viability, root systems, insect pests, plant diseases, plant identification and other aspects of nursery stock. Such persons shall also demonstrate knowledge of the requirements of the Colorado Nursery Act and its rules.

Such knowledge shall be demonstrated by successfully passing an examination, written and/or oral, administered by the Department of Agriculture.

7.2 FEE FOR QUALIFYING

Persons who seek to contract with the Department of Agriculture to perform nursery stock inspections shall pay actual cost for time spent by Department personnel and for material utilized in qualifying such persons.

PART 8.0 ENFORCEMENT OF PROHIBITED WEED RULES BY LOCAL GOVERNMENT

ENTITIES

8.1 AUTHORITY TO CONDUCT INSPECTIONS

The Commissioner may authorize individual counties, weed districts and other local governmental entities to conduct nursery stock inspections as provided for in § 35-26-103, C.R.S., for the limited purpose of enforcing Part 9.0 of these Rules pertaining to the sale of prohibited weeds.

8.2 AUTHORITY TO ISSUE STOP SALE ORDERS

The Commissioner may authorize individual counties, weed districts and other local governmental entities to issue stop sale orders as provided for in § 35-26-105(2), C.R.S., for the limited purpose of enforcing

Part 9.0 of these Rules pertaining to the sale of prohibited weeds.

8.3 STANDARDS FOR QUALIFICATION OF LOCAL GOVERNMENTAL ENTITIES TO ENFORCE

PROHIBITED WEED RULES

A. Any local governmental entity wishing to conduct prohibited weed inspections or issue stop sale orders as an agent of the Commissioner to enforce Part 9.0 of these Rules shall submit an application in the form and manner prescribed by the Commissioner.

B. Each applicant shall submit a list of the names of all employees who will perform such work and, if the application is approved, inform the Commissioner of any subsequent changes to that list within 10 days of such change. All listed employees must be able to demonstrate, to the satisfaction of the Commissioner:

i. Sufficient scientific knowledge to identify the species listed as prohibited weeds in Part 9.0; and ii. Sufficient legal knowledge to conduct inspections and issue stop sale orders for the

purpose of enforcing Part 9.0 in accordance with the Colorado Nursery Act and its associated Rules.

C. The decision to grant or deny an application from a local governmental entity for authority to enforce Part 9.0 rests solely within the discretion of the Commissioner. Nothing in these Rules shall obligate the Commissioner to grant any application if the Commissioner determines that such decision would not serve the interests of the Department.

8.4 MEMORANDUM OF AGREEMENT

Once an application is granted by the Commissioner, the local governmental entity that submitted it shall be required to enter into a Memorandum of Agreement specifying the terms and conditions under which the entity, through its designated employees, is authorized to perform such work. At any time thereafter, the Commissioner or the local governmental entity may terminate the Memorandum of Agreement for any reason by giving written notice to the other party.

8.5 FINANCIAL AND LEGAL RESPONSIBILITY

There shall be no charge for any inspection conducted by a local governmental entity acting under the Commissioner’s authority in accordance with this Part 8.0. All costs incurred by a local governmental entity in conducting such inspections shall be the sole and exclusive responsibility of that entity. No Memorandum of Agreement entered into under this Part 8.0 shall create or impose any financial or legal responsibility or obligation on the State of Colorado or any of its employees for any action taken by any signatory local governmental entity or its employees.

9.0 PROHIBITED WEEDS

The following plant species shall not be sold as nursery stock within the State of Colorado or contaminate nursery stock as evidenced by plants or plant parts visible above the ground in nursery stock prepared for sale within the State of Colorado:

ORNAMENTAL VARIETIES

Bouncingbet (Saponaria officinalis)

Chinese clematis (Clematis orientalis)

Common St. Johnswort (Hypericum perforatum)

Common tansy (Tanacetum vulgare)

Cypress spurge (Euphorbia cyparissias)

Dame's rocket (Hesperis matronalis)

Giant salvinia (Salvinia molesta)

Hydrilla (Hydrilla verticillata)

Myrtle spurge (Euphorbia myrsinites)

Orange hawkweed (Hieracium aurantiacum)

Oxeye daisy (Chrysanthemum leucanthemum)

Purple loosestrife (Lythrum salicaria and L. virgatum)

Russian-olive (Elaeagnus angustifolia)

Saltcedar (Tamarix parviflora and T. ramosissima)

Scentless chamomile (Matricaria perforata)

Yellow toadflax (Linaria vulgaris)

OTHER VARIETIES

Absinth wormwood (Artemisia absinthium)

African rue (Peganum harmala)

Bohemiam knotweed (Polygonum x bohemicum)

Bulbous bluegrass (Poa bulbosa)

Black henbane (Hyoscyamus niger)

Black henbane (Hyoscyamus niger)

Bull thistle (Cirsium vulgare)

Camelthorn (Alhagi pseudalhagi)

Canada thistle (Cirsium arvense)

Chicory (Cichorium intybus)

Common burdock (Arctium minus)

Common crupina (Crupina vulgaris)

Common mullein (Verbascum thapsus)

Common teasel (Dipsacus fullonum)

Corn Chamomile (Anthemis Arvensis)

Cutleaf Teasel (Dipsacus Laciniatus)

Dalmatian toadflax, broad-leaved (Linaria dalmatica)

Dalmatian toadflax, narrow-leaved (L. genistifolia)

Diffuse knapweed (Centaurea diffusa)

Downy brome (Bromus tectorum)

Dyer's woad (Isatis tinctoria)

Elongated mustard (brassica elongata)

Eurasian watermilfoil (Myriophyllum spicatum)

Field bindweed (Convolvulus arvensis)

Giant knotweed (polygonum sachalinense)

Giant reed (Arundo donax)

Halogeton (Halogeton glomeratus)

Hoary cress (Cardaria draba)

Houndstongue (Cynoglossum officinale)

Japanese knotweed (Polygonum cuspidatum)

Johnsongrass (Sorghum halepense)

Jointed goatgrass (Aegilops cylindrica)

Leafy spurge (Euphorbia esula)

Mayweed chamomile (Anthemis cotula)

Meadow knapweed (Centaurea pratensis)

Mediterranean sage (Salvia aethiopis)

Medusahead (Taeniatherum caput-medusae)

Moth mullein (Verbascum blattaria)

Musk thistle (Carduus nutans)

Perennial pepperweed (Lepidium latifolium)

Perennial sowthistle (Sonchus arvensis)

Plumeless thistle (Carduus acanthoides)

Poison hemlock (Conium maculatum)

Puncturevine (Tribulus terrestris)

Quackgrass (Elytrigia repens)

Redstem filaree (Erodium cicutarium)

Rush skeletonweed (Chondrilla juncea)

Russian knapweed (Acroptilon repens)

Scotch thistle (Onopordum acanthium and O. tauricum)

Sericea lespedeza (Lespedeza cuneata)

Spotted knapweed (Centaurea maculosa)

Spurred anoda (Anoda cristata)

Squarrose knapweed (Centaurea virgata)

Sulfur cinquefoil (Potentilla recta)

Tansy ragwort (Senecio jacobaea)

Velvetleaf (Abutilon theophrasti)

Venice mallow (hibiscus trionum)

Wild caraway (Carum carvi)

Wild proso millet (Panicum miliaceum)

Yellow nutsedge (Cyperus esculentus)

Yellow starthistle (Centaurea solstitialis)

PART 10.0 REQUIRED RECORDS

10.1 BUSINESS RECORDS

Any persons engaged in the business of selling nursery stock in this state shall keep records of all shipments of nursery stock imported from outside this state and from quarantined areas within this state.

These records shall be kept for a minimum of three years and shall be made available to the Department of Agriculture upon request. Such records shall include the following information: date stock was received; name and address of business from which stock was purchased; kind and type of nursery stock (including common name, or genus and species names); amount of nursery stock received; container size, tree caliper, tree height, or root ball size; and point of origin inspection document. 11.0 Reserved 12.0 Statements of Basis, Specific Statutory Authority and Purpose The statements of basis and purpose for some rule changes are no longer in the Department files and are presumably in the state archives. 12.1 August 26, 1983 – Effective August 26, 1983 Emergency Regulation This rule adopted pursuant to the authority granted the commissioner of agriculture under Title 35,

Section 111, C.R.S. 1973, as amended.

House Bill No. 1242 became law on July 1, 1983. It mandates that the commissioner shall establish a minimum charge per inspection, determine the cost of inspections and establish the charge therefore by

rule or regulation. Inspections may not be performed until this charge is established. The nursery law mandates that each nursery be inspected at least once a year. The season of the year dictates that these inspections be made in September when trees are still in leaf and actively growing. If this emergency

regulation is not adopted at this time, inspections may not be performed until after October 30.

Approximately one hundred twenty nursery inspections must be made. These inspections provide consumer protection and make it possible for Colorado nurserymen to export their stock into other states.

The immediate adoption of rule 26-5.1 is imperatively necessary for the preservation of public health, safety and welfare, and compliance with the requirements of the Administrative Procedures Act would be contrary to the public interest. 12.2 August 26, 1983 – Effective October 30, 1983 These regulations are adopted pursuant to the authority granted the commissioner of agriculture under Title 35, Section 111, C.R.S. 1973, as amended.

The purpose of these regulations is to protect consumers of the state of Colorado and to prevent the spread of weeds by regulating labeling of the weed content in turfgrass sod, to protect consumers by standardizing measurement methods for machine-dug trees, and to set fees for inspections required by the Colorado Nursery Act. 12.3 January 28, 1987 – Effective March 30, 1987

Section 35-26-106, C.R.S., as amended, mandates that the commissioner shall, by rule or regulation, establish a charge for the actual cost incurred in making inspections. Costs have increased since the original fee of fifteen dollars per hour was established in 1983. It has therefore become necessary to increase the fee to eighteen dollars per hour, based on current costs, to meet this mandate. 12.4 August 27, 1987 – Effective October 30, 1987

Section 35-26-106, C.R.S., states the maximum inspection fee per inspection, which is one hundred fifty dollars, effective July 1, 1987. There is no need to state this maximum in the regulations since it is in the statute. This Section also requires that the commissioner shall, by rule or regulation, establish a license fee for each place of business, not to exceed one hundred dollars. The combination of license and inspection fees received annually must cover the complete cost, direct and indirect, of the nursery licensing and inspection program. It is anticipated that there may be a ten percent dropoff in the number of licensees from the previous year because of homeowners, not in business, who buy licenses to get wholesale prices and businesses which handle a very small amount of nursery stock and may stop selling it. Based on this reduced number of licensees and taking into consideration projected inspection fee revenue, a license fee of sixty dollars should provide the needed revenue. 12.5 May 20, 1988 – Effective June 30, 1988

Section 35-26-111 authorizes and directs the commissioner to promulgate such rules and regulations as he may deem necessary and proper for the furtherance and enforcement of the provisions of the Colorado Nursery Act. Section 35-26-104(2) states that the grade or size shall meet the specifications established by rules or regulations. Members of the 1986-87 Nursery Advisory Committee made suggestions for changes to existing ball size requirements that they felt were warranted, based on their experience as growers and sellers of nursery stock in this state. They particularly felt that separate specifications were needed for collected aspen trees, since their root systems are different from most other deciduous trees, especially in that they are shallower. The Department of Agriculture agrees with these suggestions and adopts same as also reflecting the position of the Department of Agriculture.

Examples of the different types of trees are included at the top of each type chart, rather than at the end of all the charts, in order to make the charts easier to interpret. 12.6 October 18, 1991 – Effective November 30, 1991 The following rules are hereby promulgated under the authority of the Colorado Nursery Act, Sections 35- 26-101 to 115, C.R.S. (1984 and 1990 Supp. as amended by Senate Bill 91-65). They deal with four different sections, including changes to two sections and creating two new sections.

The ball size specifications for bench packed stock are given in two different sections of the Rules and Regulations, due to an error made at an earlier time. The most appropriate specifications are found in subsection 26-3.6, which refers to specifications for bare root stock. This more closely applies to bench packed stock than the specification given in subsection 26-2.13, which refers to specifications for balled and burlapped stock. Bench packed stock is bare root stock with the roots packed in a growing medium mixture and is not dug with root system and soil ball intact as is balled and burlapped stock. Subsection 26-2.13 is therefore repealed.

Inspection fees are raised from eighteen dollars per hour to twenty dollars per hour to cover increases in the cost of performing inspections. Amendments to the Colorado Nursery Act changed the word license to registration. This requires the establishing of a registration fee to take effect on January 1, 1992. This fee is raised from the most recent license fee, sixty dollars, to seventy-five dollars to cover increasing costs of administering the program.

The Colorado Nursery Act specifies that rules and regulations be promulgated to give requirements concerning evidence of authorization to have collected nursery stock in the possession of nursery stock collectors. A new section 26-6.0, is created to serve this purpose.

Also specified by the Colorado Nursery Act are rules to establish minimum standards for the qualification of individuals who are authorized to make inspections as agents of the Commissioner who are not employees of the Department of Agriculture. A new section, 26-7.0, is created, requiring that persons seeking to contract with the Department shall demonstrate knowledge to meet the minimum standard by successfully passing an examination. The Colorado Nursery Act states that the Commissioner may charge a fee for qualifying such persons as inspectors. Section 7.0 establishes that fees shall be set to cover all costs of qualifying such persons. 12.7 September 17, 1993 – Effective October 30, 1993 The following rules are hereby promulgated under the authority of the Colorado Nursery Act, pursuant to

Section 35-26-111, C.R.S. (1984). They deal with balling and burlapping specifications.

The statement is made in subsection 26-2.11, dealing with ball diameters for nursery grown stock, that ball diameters shall be measured six inches below the soil line on stock dug by a mechanical spade. This statement is amended to add the word “original” to define “soil line”. The original soil line is at the trunk.

The edges of the ball may be tapered off and measuring from the edge would give a different depth than from the original soil line at the trunk.

The table in Section 26-2.11, Type 2, is amended to give required minimum ball diameters in relation to height or caliper for trees in this type, such as pine and spruce. Caliper represents a more accurate indicator of tree growth than does height, for coniferous evergreen trees of this type. 12.8 January 19, 1995 – Effective March 2, 1995 The following rule is hereby promulgated under the authority of the Colorado Nursery Act, pursuant to

Section 35-26-111, C.R.S. (1984) and Section 35-26-106(3), C.R.S. (1994 Supp.)

This rule sets the charge per hour per inspector for inspections made pursuant to the statute. The statute requires that actual cost incurred in making inspections be determined and a charge therefore be established. Actual costs have increased since the most recent charge was established. A new charge for inspections is therefore established in amendments to this rule. 12.9 September 8, 1995 – Effective October 30, 1995 This amendment to the rules and regulations is adopted pursuant to the Colorado Nursery Act, § 35-21- 111, C.R.S. (1984).

The purpose of this amendment to the rules and regulations is to adopt such rules and regulations as necessary for the furtherance and enforcement of the Colorado Nursery Act, specifically, to define the terms sell, offer for sale and sale as those terms are utilized in the Colorado Nursery Act and the rules and regulations thereto. 12.10 February 17, 1998 – Effective March 30, 1998 These amended rules are adopted pursuant to § 35-26-111, C.R.S. (1997) and pertain to the furtherance and enforcement of the provisions of the Colorado Nursery Act, § § 35-26-101 through 115, C.R.S.

(1997).

The purposes of these amended rules are to: establish specifications for in-ground fabric bag-grown stock; to increase the fee charged for inspections; and to address the statewide concerns about noxious weeds raised by the Colorado Noxious Weed Act, § § 35-5.5-101 through 119, C.R.S. (1997) and the rules promulgated thereto. 12.11 September 23, 1999 – Effective November 30, 1999 These amendments are adopted pursuant to § § 35-26-106(1) and 106(3) and § 35-26-111, C.R.S.

(1999) and pertain to the registration fee, the inspection fee and the furtherance and enforcement of the provisions of the Colorado Nursery Act, § § 35-26-101 through 114, C.R.S. (1999).

The purposes of these amendments are to: update the provisions pertaining to field-grown roses to reflect current industry standards and; increase the registration fee and the inspection fee to defray the direct and indirect costs of carrying out the purposes of the Colorado Nursery Act and these rules. 12.12 October 30, 2002 – Effective January 30, 2003 Statutory Authority:

These amendments to the permanent rules are adopted by the Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority under the Nursery Act (the “Act”) at section 35-26-111, C.R.S.

Purpose:

The purpose of these amendments is to:

1. Add and delete plant species to/from the list of prohibited weeds that shall not be sold as nursery stock in Colorado.

Factual and Policy Issues:

The factual and policy issues encountered in proposing these amendments are as follows:

1. In 2001, the Colorado Department of Agriculture revised the state noxious weed list pursuant to 35-5.5-115 and added and deleted a number of newly recognized noxious weed species.

2. These species are required to be managed on lands of the State of Colorado.

3. The continued sale of these species as plant materials or as contaminants to plant materials presents a threat to the agricultural and environmental systems of Colorado. 12.13 March 9, 2006 – Effective May 30, 2006 Pursuant to the provisions and requirements of the Colorado Nursery Act to regulate the sale and distribution of nursery stock, and by authority of Title 35, Article 26, Section 111, and 35-26-103(3) CRS 2005, the following rules and regulations are hereby promulgated:

Statutory Authority:

These amendments to the permanent rules pertain to Part 2 “Grading of Nursery Stock”, new Part 8 “Enforcement Of Prohibited Weed Rules By Local Governmental Entities” and Part 9 Prohibited Weeds.

Purpose:

The purpose of this rulemaking is to update the specifications for balled and burlapped nursery stock balled to be consistent with the American Standard for Nursery Stock where appropriate, provide for enforcement of the prohibited weed rules by local governmental entities and update the prohibited weed list to mirror the Colorado noxious weed law.

Factual and Policy Issues:

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

(1) The American Standard for Nursery Stock as adopted by the American Nursery and Landscape Association has changed several of the standards for balled and burlapped nursery stock. In order to facilitate interstate movement of nursery stock it is necessary to have similar standards between states as appropriate based on climatic conditions.

(2) Some local governmental entities, primarily weed districts, have a vested interest in prohibiting the sale of weeds. Some of these entities wish to take an active role in inspecting and enforcing against nursery dealers that attempt to sell prohibited weeds as defined in part 9.0. Providing a mechanism to allow them to perform these functions is also advantageous to the Colorado Department of Agriculture. This process provides the ability to inspect and take action in remote areas that the Department may not be able to reach except a few times per year.

(3) The noxious weed list has been modified to remove species considered native to Colorado or are so widespread that it is impossible to obtain statewide control. The prohibited weed list is being changed to parallel these changes. 12.14 November 19, 2009 – Effective December 30, 2009 These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Nursery Act (the “Act”), § 35-26-111 C.R.S.

Purpose The purposes of these proposed rule amendments are as follows:

1. To increase the nursery registration fee from $80 to $90.

2. To require records be kept of all nursery stock imported into the State of Colorado.

Factual and Policy Basis Issues 1) The nursery fund balance has been near zero for the past two years. Revenue from registration fees has been flat and has not kept up with the increases in operating expenses such as personal services and fuel costs since the last increase. Although the program is a cash funded program, the revenue generated does not cover the actual costs of the program and therefore the program is subsidized by general funds.

2. The registration fee is capped in statute at $100 (35-26-106(1) C.R.S.)

3. 35-26-106(1) C.R.S. provides that the Commissioner shall, by rule or regulation, establish a registration fee for each place of business.

4. The Colorado Nursery and Greenhouse Association supports this increase in the registration fee.

5. The average number of nursery registrations per year is 1,700. Therefore this increase will generate an increase in revenue of $17,000 for the program.

6. Registration fees have not been increased since November 1999.

7. For several decades it has been known that movement of nursery stock is a primary mechanism of movement and introduction of plant pests. In recent years it has become very apparent that new plant pests are moving into the State on nursery stock. Japanese beetle is an excellent example. It was introduced into a small area in the Denver Metro area and has now become established in two other areas. It is a significant pest in these locations. Emerald Ash Borer is another example of a devastating pest that has moved into many states in the east and mid-west but has not been found in Colorado yet.

8. In order to document stock that is moving into the state so that pest surveillance activities and inspections can be conducted in the most efficient manner possible, the nursery registrants that are importing stock need to be required to keep records that the Department can review.

9. 35-26-108(1)(b) C.R.S already provides that “At any time during regular business hours, the Commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant 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.”

10. A Japanese beetle quarantine is being proposed to lessen the pressure of Japanese beetles being transported into the state on nursery stock. These record keeping regulations will assist with enforcement of this quarantine. 12.15 February 8, 2011 – Effective March 30, 2011 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 Colorado Nursery Act (the “Act”), § 35-26-111 C.R.S.

Purpose The purposes of these proposed rule amendments are as follows:

1. To clarify record keeping requirements for all nursery stock imported into the State of Colorado.

Factual and Policy Basis Issues 1) In order to document stock that is moving into the state so that pest surveillance activities and inspections can be conducted in the most efficient manner possible, the nursery registrants that are importing stock need to be required to keep records that the Department can review.

2. 35-26-108(1)(b) C.R.S already provides that “At any time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon issuing or obtaining an administrative search warrant 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.”

3. The industry often describes nursery stock on bill of lading by tree height and may not always use genus and species names. The changes proposed will accommodate current nursery practices. 12.16 February 15, 2013 – Effective March 30, 2013 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 Colorado Nursery Act (the “Act”), § 35-26-111 C.R.S.

General: This if the first major update of the Rules Pertaining to the Administration and Enforcement of the Colorado Nursery Act since 1973. The update was conducted to reflect current industry changes, to remove unnecessary and unenforceable language and ensure that the rule is easily understood by the regulated community and CDA staff. These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review process conducted in accordance with the Governor’s Executive Order D 2012-002.

Delete definitions and statements that are duplicative; add definitions and wording to clarify the intent of the rule and enforceability; delete unnecessary or confusing language; delete grading standards that are unenforceable and considered 'best management practices'; correct grammar; add plant species to the list of prohibited weeds to parallel changes made to the current noxious weed act; and to change the title of the rule removing the word “regulation”.

Factual and policy basis issues encountered when developing these rules include:

Part 1.0 1. Definitions added:

• 1.4 “bedding plants” was added to clarify the CCR definition of nursery stock.

Nursery stock is defined in the Act § 35-26-102(14), C.R.S., and '....does not mean ...bedding plants, annuals,...'

• 1.9 “fibrous roots” was added to clarify what “established in the container” means under rule 3.0 “condition of nursery stock”.

• 1.10 “girdling” was added to clarify that it constitutes a 'dead or dying condition' which is a prohibited act, § 35-26-105(a) C.R.S. The plants’ conductive tissue, called cambium, contains the xylem and phloem in which fluids and nutrients are transported between the roots and foliage. Severing the cambium restricts and /or prevents the flow of these resources. Over time the plant dies from lack of fluids.

• 1.11 “girdling root” was added to help clarify a condition in which the woody plant is left in a container too long and the root begins to encircle the root ball or container. Over time it will cause the plant to die from lack of water and nutrients.

• 1.14 “mechanical injury” was added to define what the Department considers to be a mechanical injury and that it constitutes a “dead or dying condition” when it significantly impairs the viability of the plant.

2. Definitions deleted:

• 26-1.8 “potted stock” was deleted because the definition is adequately covered in 2.5 (specifications for balled and potted nursery stock), 2.4 (specifications for balled and potted nursery stock) and 3.2 (container grown nursery stock).

• 26-1.10 “prohibited weeds in turfgrass sod” is not a definition. Prohibited weeds are adequately covered in 3.5 “condition of nursery stock/turfgrass sod”.

• 26-1.16 the definition of “sell or offer for sale” can be found in the dictionary. It is also covered in the Act, § 35-26-106(1) C.R.S.

Part 2.0 1. Rules deleted:

• 26-2.3 “evergreens” was deleted because the specifications describe a specimen tree. Trees that are slightly less than specimen quality will still establish in the landscape as long as the root system is adequate.

• 26-2.6 “fruit trees” and 26-2.7 “fruit tree seedlings” were eliminated to reduce redundancy. Fruit trees and seedlings are included in root ball standards for deciduous trees (2.4).

• 26-2.8 “small fruits” was eliminated due to lack of necessity. Specifications listed did not have bearing on establishment.

• 26-2.9 “lining out stock” was eliminated because liners are rarely sold to the public, they are sold to professionals who know what quality it necessary.

• 26-2.10 “seedling trees and shrubs” was eliminated to reduce duplication. These specifications are taken care of in bare root, container and balled and burlapping standards.

2. Changes made:

• Changes to rules 2.1 and 2.2 were made to address current industry standards.

The specifications previously listed are 'best management practices' which are not enforceable.

• Changes to rule 2.3 “rose grades” were made to correct grammar and increase clarity. Grade specifications were deleted for field grown miniature roses. These plants are not seen often in the trade in Colorado. Many miniature roses and tree roses are used as patio plants and gift plants and must be protected in the winter.

• 2.4 “specifications for balled and burlapped nursery stock” and 2.5 “specifications for balled and potted nursery stock” were changed to correct grammar; caliper measurements; and describing where the caliper will be measured was moved from 2.1.

• The deciduous tree specifications in 2.4 now include specifications for fruit trees, collected stock and small and large deciduous. The caliper specification greater than 9 inches was added.

• Upright coniferous section in 2.4 was edited to include upright juniper, arborvitae, pine, spruce, fir and collected stock. Height vs. caliper ratios were deleted for clarity and consistency, and improved enforcement.

• Eliminated spreading, semi spreading cone, broad upright evergreens to combine into one category “broadleaf evergreens”- most of these plants are shrubs in our climate ; height standards are more appropriately used, therefore caliper standards were eliminated.

• Eliminated ball diameters for collected nursery stock per advisory committee recommendations. Collected stock root balls will be treated the same as nursery grown stock. It is generally recognized that plants growing in their native state will sustain a much more severe shock when transplanted than the same kinds of plants when nursery grown. If collected material is moved, a considerably larger ball than that previously recommended is required, because the unrestricted root development and the varying conditions of soil in which such material is found.

• 2.16 combines slow and fast growing species to one specification; designations of greater than 4 feet were added and bag diameter was increased per advisory committee recommendation to that of 25% smaller than the correlating balled and burlapped specification.

Part 3.0 1. Rules deleted:

• 26-3.1 “insects and diseases” because this prohibition is adequately covered in § 35-26-105(1) (a) C.R.S. “prohibited acts- sale of insect and disease infested stock”.

2. Rules added:

• 3.1 “mechanical injury” was added to prohibit sale of nursery stock damaged by injury such as girdling that might be caused by a foreign object or circling root that produces a visible indentation or wound that cuts into the trunk or stem deeply enough to constrict the plants conductive tissue in a manner that restricts or prevents the normal flow of fluids.

3. Changes made:

• 3.2 “container grown stock” was changed to correct grammar and add a statement and definition of root bound condition when it impairs the viability of the plant and to make it enforceable. Changes also were made to distinguish between plantable and non-plantable containers.

• 3.3 “bare root nursery stock”, grammar was corrected and the statement “characteristic of species” was removed because it is unenforceable.

• 3.4 “balled nursery stock”, the statement “characteristic of species” was removed because it is unenforceable. The rule was also changed to clarify what types of moisture retaining material and root ball conditions are acceptable for display and sale.

• 3.5 “turfgrass sod” was clarified to make percentage of weed species present easier to measure and enforce.

• 3.6 “benched pack nursery stock” was changed to define the term “bench packed” and moisture retaining material more thoroughly. The term “grow in a form characteristic of species” was removed because it is unenforceable.

• 3.7 “in-ground fabric bag” - “grow in a form characteristic of species” statement was removed because it is unenforceable.

Part 4.0 1. Changes made:

• 4.2 was reworded to clarify how invoice, sales contract or bill of lading needs to be stated for proper labeling. Genus, species or common name is accepted.

• 4.3, the statements requiring certain font styles for labeling were deleted.

2. Rules added:

• 4.4 requires labeling of collected stock to inform CDA inspectors and purchasers that the stock was collected from original native habitat.

Part 8.0 8.3 “standards for qualifications of local government entities to enforce prohibited weed rules” was modified to correct grammar.

Part 9.0 “Prohibited weeds” were updated to parallel the changes made to the current noxious weed list.

The changes also clarify that prohibited noxious weeds shall not contaminate nursery stock (including turfgrass).

Part 10.0 10.1 was reworded to clarify that all records must be made available upon request of CDA and that point of origin inspection documents also be made available. 12.17 February 12, 2014 – Effective March 30, 2014 These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under § 35-26-111 C.R.S. of the Colorado 1. Delete Rule 2.4 Specifications for Balled and Burlapped Nursery Stock.

2. Delete Rule 2.5 Specifications for Balled and Potted Nursery Stock.

3. Delete Rule 2.6 Specifications for In Ground Fabric Bag Grown Nursery Stock.

Factual and Policy Basis issues encountered when developing these rules include:

1. Changes to Rules 2.4, 2.5, and 2.6 were made under the efficiency review process in 2012 of the Nursery Act to allow for consistency in enforcement.

2. During an information and education period, Nursery Industry from within and outside Colorado brought up concerns that the restrictions on root ball sizes made in 2.4, 2.5 and 2.6 were too strict and were prohibitive to many outside of the State of Colorado.

3. Two meetings were held with industry representatives and the CNGA Board of Directors to discuss the concerns of the industry.

4. No other states enforce root ball restrictions.

5. Root ball sizes were determined to be best management practices best suited for industry and market place adjustment and not regulatory enforcement. In order to be enforceable the root ball restrictions had to be narrow and were too restrictive to business.

6. The CNGA Board of Directors advised that CDA remove root ball restrictions from the Rules. Root ball restrictions are best management practices, too variable and unenforceable. 12.18 Adopted February 22, 2018 – Effective April 15, 2018 These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under § 35-26-111, C.R.S. of the Colorado 1. Add a recordkeeping requirement for nursery stock purchased from quarantined areas within the state of Colorado.

7. In order to document stock that is moving from quarantined areas of the state and to conduct pest surveillance activities and inspections in the most efficient manner possible, nursery registrants that are importing stock must keep records from any origin so that the Department can review those records as needed. 12.19 Adopted June 12, 2019 – Effective July 30, 2019 These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the authority under § 35-26-111 C.R.S. of the Colorado The purpose of these proposed rule amendments is as follows:

8. Change the inspection fee hourly rate from $30.00/hour to $45.00/hour.

9. The Colorado Department of Agriculture is required by § 35-26-106(3), C.R.S., to charge for the actual cost incurred in making inspections. Over time, the average personnel cost of an inspection has increased to approximately $39/hour, while the operating costs associated with an inspection (e.g., travel, fleet) have increased to almost $24/hour. Although CDA has data to support an increase to approximately $63/hour for the actual cost of an inspection, CDA is proposing to increase the cost to $45/hour. This increase will allow CDA to defray the majority of the cost to perform inspections as part of the Nursery Program.

10. The inspection fee has not increased since 2009, and costs incurred to complete inspections have increased significantly over the past ten years. to allow the nursery program to function effectively and to implement program goals, CDA must raise fees associated with inspections. 12.20 Adopted September 17, 2019 – Effective October 30, 2019 These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the authority under § 35-26-111, C.R.S., of the Colorado The purpose of these proposed rule amendments is as follows:

11. Increase the registration fee from $90.00/year to $170.00/year.

12. The Nursery Program is comprised of three main parts. The first is the registration of all persons engaged in the advertising for sale or selling of nursery stock. The second is risk-based inspections of nurseries, nursery dealers, and turf farms who import from Japanese beetlequarantined areas. The third is issuance of inspection certificates without which export of Colorado nursery stock and live plant products to other states would be impossible. Through the registration, inspection, and certification process, the Nursery Program ensures that nurseries produce and distribute healthy plants.

13. CDA is required by § 35-26-106(1), C.R.S., to charge a registration fee for each separate nursery, store, stand, sales ground, lot, or any location from which nursery stock is being sold, offered for sale, or distributed. Although the cap for registration fees is set at $300, the registration fee has been $90 since 2009.

14. Costs incurred to administer the Program have increased significantly over the past ten years given inflation rates, year-to-year increases in wages, and other costs necessary for maintenance and implementation of the Program. Specifically, the cost of administering the Program over the past decade has increased approximately 35%. Current registration fees do not meet operational requirements. Because the registration fees account for 88% of the Program’s annual revenue, CDA has proposed an increase in annual registration fees to $170, which will allow the Program to function effectively, meet Program goals, and better administer various Nursery Program components (e.g., enforcement of quarantines). _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2009.

Rules 26-10.1, 26-12.15 eff. 03/30/2011.

Entire rule eff. 03/30/2013.

Rule 12.17 eff. 03/30/2014. Rules 2.4-2.6 repealed eff. 03/30/2014.

Rules 10.1, 12.18 eff. 04/15/2018.

Rules 5.1, 12.19 eff. 07/31/2019.

Rules 5.2, 12.20 eff. 10/30/2019.

8 CCR 1203-6 Administration and Enforcement of the Colorado Seed Act {#sec-8-ccr-1203-6 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-6}

DEPARTMENT OF AGRICULTURE

ADMINISTRATION AND ENFORCEMENT OF THE COLORADO SEED ACT

8 CCR 1203-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. DEFINITION AND CONSTRUCTION OF TERMS. 1.1. As used in these rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these rules shall have the meaning set forth for such terms in the Act. 1.2. As used in these rules, unless the context otherwise requires:

(a) “Adulterated” refers to (1) Any seed whose purity deviates beyond the accepted tolerances from the professed purity stated on its labeling or under which it is sold; or (2) Any seed whose components or their relative proportions differ from those stated on its labeling; or (3) Any substance which has been substituted wholly or in part for a seed; or (4) Any seed from which any valuable constituent has been wholly or partly abstracted; or (5) Any seed in which any contaminant is present in an amount which is determined by the Commissioner to be a hazard.

(b) “Agricultural seed” means: the seed of grass, forage, cereal, and fiber crops; and other kinds of seeds commonly recognized within this state as agricultural, field, or turf seeds; and mixtures of such seeds.

(c) “Engaged in the business of conditioning seed” means: conditioning seed in Colorado in return for money or anything of value, including goods or services.

(d) “Engaged in the business of labeling seed” means: labeling seed for sale in Colorado in return for money or anything of value, including goods or services.

(e) The term “farmer seed labeler” is limited to those persons who label only the seed produced for sale in Colorado on property in Colorado owned or rented by such person or such person's employer. Any person who labels, in addition to seed produced for sale in Colorado on property in Colorado owned or rented by such person or such person's employer, other seed is a “seed labeler”.

(f) “Hybrid seed” means: the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open-pollinated variety; or (3) two varieties or species, except open-pollinated varieties of corn (Zea mays). The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

(g) The term “misbranded” shall apply:

(1) To any seed if it’s labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(2) To any seed:

(I) If it is an imitation of or is offered for sale under the name of another seed;

(II) 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;

(h) “Mixture” means: seed consisting of more than one kind, each in excess of five percent by weight of the whole.

(i) “Produces seed for sale” means: producing seed for exchange in Colorado for money or anything of value, including goods or services.

(j) “Tetrazolium Test (TZ)”: a biochemical seed viability test using the compound 2,3,5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the Tetrazolium Subcommittee of the Association of Official Seed Analysts, (October 2010 ) .

(As to incorporation of materials see Part 14.)

Part 2. THE REGISTRATION SYSTEM. 2.1. Each applicant for a registration shall submit a signed, complete, accurate, and legible application, on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name under which the business will operate (the doing business as name), the name of the person who is the primary contact, the address and telephone number of the location where the records are to be kept, and any other information required on the form. 2.2. In addition to the form approved by the Commissioner, each applicant for a registration or applicant for renewal of a registration, shall submit the registration fee set by the Commissioner. If the registration fee does not accompany the application, the application for registration or renewal of a registration may be denied. 2.3 Repealed. 2.4. Each applicant shall submit to the Commissioner the name under which the business will operate.

If the registrant operates under more than one name, each such name shall be listed with the Commissioner. 2.5. The annual registration fee for seed labelers shall be $519.00. 2.6. The annual registration fee for custom seed conditioners shall be $519.00. 2.7. The annual registration fee for farmer seed labelers shall be $130.00. 2.8. The annual registration fee for retail seed dealers shall be $130.00. 2.9. The annual registration fee for a second business location for seed labelers and custom seed conditioners shall be $75.00. 2.9.1. The annual registration fee for a second business location for farmer seed labelers shall be $43.00. 2.9.2. The annual registration fee for a second business location for retail seed dealers shall be $43.00. 2.10. Each applicant for renewal of a registration shall annually submit a signed, complete, accurate, and legible application on a form provided by the Commissioner, which shall include, at a minimum: the name and address of the business, the name of the person who is the primary contact, the address and telephone number of the location where the records are to be kept, and any other information required on the form. 2.11. A registrant who conducts business at two or more business locations shall obtain a registration for each location at which it employs one or more permanent employees engaged in the business for which the registrant is registered. For purposes of this paragraph, “business locations” means any physical location at or through which the functional operations of business regularly occur, including, but not limited to, financial transactions, arrangement of contracts, or assignment of work, and excluding buildings or locations used solely for storage of equipment or supplies or telephone answering services.

Part 3. LABEL REQUIREMENTS FOR AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS.

Each container of agricultural, vegetable, and flower seeds which is sold, offered for sale, or exposed for sale, or transported within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container: 3.1. For all seeds, if a tetrazolium test is used in place of a germination test, the following statement shall appear on the label, “This lot of seed was tested for viability using a tetrazolium test (TZ) in place of a germination test.” 3.2. For all treated agricultural, vegetable, and flower seeds (for which a separate label may be used):

(a) A word or statement indicating that the seed has been treated.

(b) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used.

(c) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as “Do not use for food, feed, or oil purposes”. The caution for mercurials and similarly toxic substances shall be a poison statement or symbol.

(d) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration). 3.3. For agricultural seeds, except for agricultural seed mixtures as provided in Part 3.4; and for hybrids which contain less than 95% hybrid seed as provided in Part 3.10:

(a) The name of the kind or kind and variety for each agricultural seed component present in excess of 5 percent of the whole and the percentage of weight of each. If the variety of those kinds generally labeled as to variety is not stated, the label shall show the name of the kind and the words, “Variety Not Stated” or “VNS” . Hybrids shall be labeled as hybrids.

(b) Lot number or other lot identification.

(c) Origin (state or foreign country), if known, except of hybrid corn. If the origin is unknown, the fact shall be stated.

(d) Percentage by weight of all weed seeds.

(e) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

(f) Percentage by weight of agricultural seeds (which may be designated as “crop seeds” ) other than those required to be named on the label.

(g) Percentage by weight of inert matter.

(h) For each named agricultural seed:

(1) Percentage of germination, exclusive of hard or dormant seed, (2) Percentage of hard or dormant seeds, if present, (3) The calendar month and year the test was completed to determine such (Following (1) and (2) above, the “total germination and hard or dormant seed” may be stated as such, if desired.)

(i) Name and address of the person who labeled said seed, or who sells, offers or exposes 3.4. For seed mixtures of agricultural seeds.

(a) The word “mixed” or “mixture” shall be stated with the name of the mixture.

(b) The heading “Pure Seed” and “Germination” or “Germ” shall be used in the proper places.

(c) Commonly accepted name of kind or kind and variety of each agricultural seed component in excess of five percent of the whole, and the percentage by weight of each in order of its predominance and in columnar form. If the variety of those kinds generally labeled as to variety is not stated, the label shall show the name of the kind and the words “Variety Not Stated” or “VNS”.

(d) Percentage by weight of agricultural seed other then those required to be named on the label (which shall be designated as “crop seed”).

(e) Percentage by weight of inert matter. Except for coating material, fertilizer and mulch, as provided by Parts 3.5 and 3.11, foreign material not common to agricultural seed shall not be added to inert matter.

(f) Percentage by weight of all weed seeds.

(g) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

(h) For each agricultural seed named under (c) above:

(1) Percentage of germination, exclusive of hard or dormant seed;

(2) Percentage of hard or dormant seed, if present;

(3) Calendar month and year the test was completed to determine such percentages. Oldest test date shall be used.

(i) Name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within the State.

(j) Lot number or other lot identification.

(k) Origin (state or foreign country), if known, of each agricultural seed component. If the origin is unknown, the fact shall be stated. 3.5. For agricultural seeds that are coated:

(a) Percentage by weight of pure seeds with coating material removed.

(b) Percentage by weight of coating material.

(c) Percentage by weight of inert material exclusive of coating material.

(d) Percentage of germination is to be determined on 400 pellets with or without seeds.

(e) In addition to the provisions of this section, labeling of coated seed shall comply with the requirements of Parts 3.2, 3.3, and 3.4. 3.6. For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices:

(a) Name of kind and variety of seed.

(b) Lot identification, such as by lot number or other means.

(c) The year for which the seed was packed for sale as “Packed for __________________“ or the percentage germination and the calendar month and year the test was completed to determine such percentage.

(d) Name and address of the person who labeled said seed or who sells, offers, or exposes (e) For seeds which germinate less than the standard established by Part 8 of these rules:

(1) Percentage of germination, exclusive of hard or dormant seed;

(2) Percentage of hard or dormant seed, if present, (3) The words “Below Standard” in not less than 8-point type.

(f) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container. 3.7. For vegetable seeds in containers other than those prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a) The name of each kind and variety present in excess of 5 percent and the percentage by weight of each in order of its predominance.

(b) Lot number or other lot identification.

(c) For each named vegetable seed:

(1) Percentage germination exclusive of hard or dormant seed;

(2) Percentage of hard or dormant seed, if present, (3) The calendar month and year the test was completed to determine such (Following (1) and (2) the “total germination and hard or dormant seed” may be stated as such, if desired.)

(d) Name and address of the person who labeled said seed, or who sells, offers or exposes (e) The labeling requirements for vegetable seeds in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser. 3.8. For flower seeds in containers prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices:

(a) For all kinds of flower seeds:

(1) The name of the kind and variety or a statement of type and performance characteristics as required by Part 4 of these rules;

(2) The calendar month and year the seed was tested or the year for which the seed was packaged; and (3) The name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this State.

(b) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under the provisions of these rules:

(1) Percentage of germination exclusive of hard or dormant seeds, and (2) The words “Below Standard” in not less than 8-point type.

(c) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container. 3.9. For flower seeds in containers other than those prepared for use in home flower gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:

(a) The name of the kind and variety or a statement of type and performance characteristics as required by Part 4 of these rules.

(b) The lot number or other lot identification;

(c) The calendar month and year that the seed was tested;

(d) The name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within this State, and (e) For those kinds of seed for which standard testing procedures are prescribed:

(1) Percentage germination exclusive of hard or dormant seed, and, (2) Percentage of hard or dormant seed, if present, 3.10. For agricultural and vegetable hybrid seed which contain less than 95% hybrid seed:

(a) Kind or variety must be labeled as “hybrid”.

(b) The percent or range of percent which is hybrid shall be labeled parenthetically in direct association following named variety; i.e. - Comet (85% Hybrid or 75% - 85%).

(c) Varieties in which the pure seed contain less than 75% hybrid seed shall not be labeled hybrids. 3.11. For combination mulch, seed and fertilizer products:

(a) The word “combination” followed by the words “mulch - seed - fertilizer (if appropriate)” must appear on the upper 30% of the principal display panel. The word “combination” must be the largest and most conspicuous type on the container, equal to or larger than the product name. The words “mulch seed - fertilizer” shall be no smaller than one-half the size of the word “combination” and in close proximity to the word combination. These products shall contain a minimum of 70% mulch. The word “mulch” as used herein shall mean “a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds and the prevention of erosion.”

(b) Agricultural, lawn and turf seeds placed in a germination medium, mat, tape or other device or mixed with mulch shall be labeled as follows:

(1) Product name.

(2) Lot number.

(3) Percentage by weight of pure seed of each kind and variety named which may be less than 5% of the whole.

(4) Percentage by weight of other crop seeds.

(5) Percentage by weight of inert matter which shall not be less than 70%.

(6) Percentage by weight of weed seeds.

(7) Name and number of noxious weed seeds per pound, if present.

(8) Percentage of germination (and hard or dormant seed if appropriate) of each kind or kind and variety named and date of test.

(9) Name and address of labeler.

(10) Origin (state or foreign country), if known, of each agricultural seed component. If the origin is unknown, the fact shall be stated.

Part 4. LABELING KIND AND VARIETY OR TYPE AND PERFORMANCE CHARACTERISTICS OF FLOWER SEED. 4.1. Flower seeds shall be labeled with the name of the kind and variety or a statement of type and performance characteristics. This requirement shall be met as follows:

(a) For seeds of plants grown primarily for their blooms or ornamental value:

(1) If the seeds are of a single named variety, the kind and variety shall be entered, for example – “Marigold, Butterball”.

(2) If the seeds are of a single type and color for which there is no specific variety name, the type of plant (if significant), and the type and color of bloom shall be indicated, for example, – “Scabiosa, Tall, large Flowered, Double, Pink”.

(3) If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant (if significant), and the type or types of bloom shall be indicated. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is - “Marigold, Dwarf Double French, Mixed Colors”.

(4) If the seeds consist of an assortment or mixture of kinds or kinds and varieties, it shall be clearly indicated that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example - “Cut Flower Mixture”, or “Rock Garden Mixture”. Such statements as “Wild Flower Mixture”, “General Purpose Mixture”, “Wonder Mixture”, or any other statement which fails to indicate the specific use of the seed shall not be considered as meeting the requirements of this provision unless the specific use of the mixture is also stated. The kind or kind and variety names in excess of 5.0% shall be listed in the order of their predominance giving the percentage by weight of each.

Components of less than 5.0% shall be listed but need not be in order of predominance. A single percentage by weight shall be given for these components.

(b) For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety shall be stated, or the kind shall be stated together with a descriptive statement concerning the ornamental part of the plant, for example - “Ornamental Gourds, Small Fruited, Mixed”.

Part 5. KINDS OF FLOWER SEEDS SUBJECT TO GERMINATION LABELING REQUIREMENTS AND GERMINATION STANDARDS FOR FLOWER SEEDS. 5.1. The kinds of flowers seeds listed below are those for which standard testing procedures have been prescribed (except those kinds preceded by an asterisk) and which are required to be labeled in accordance with the germination labeling provisions of these rules. The percentage listed opposite each kind is the germination standard for that kind. The percentage germination is the total of percentage germination and percentage hard or dormant seed.

Achillea (yarrow) - Achillea spp. 50 African Daisy (cape-marigold) - Castalis tragus (syn. Dimorphotheca aurantiaca, D. sinuata) 55 African Violet - Saintpaulia spp. 30 Ageratum - Ageratum houstonianum 60 Agrostemma (rose campion) - Lychnis coronaria 65 Alyssum - Alyssum spp., Lobularia maritima 60 Amaranth - Amaranthus spp. 65 Anagallis (pimpernel) - Anagallis arvensis, A. coerulia, A. grandiflora 60 Anemone - Pulsatilla vulgaris 55 Angel's Trumpet - Burgmansia arborea 60 Arabis (Rockcress) - Arabis alpina 60 Arctotis (African-lilac daisy) - Arctotis stoechadifolia var. grandis 45 Armeria - Armeria spp. 55 Asparagus, Fern - Asparagus setaceus 50 Asparagus, Sprenger - Asparagus densiflorus cv. Sprengeri 55 Aster, China - Callistephus chinensis; except Pompon, Powderpuff and Princess types 55 Aster, China - Callistephus chinensis; Pompon, Powderpuff and Princess types 50 Aubrieta (purple rock cress) - Aubrieta deltoidea 45 *Baby Smilax - Asparagus asparagoides 25 Balsam - Impatiens balsamina 70 Begonia (fibrous rooted) - Begonia spp. 60 Begonia (tuberous rooted) - Begonia spp. 50 Bells-of-Ireland - Molucella laevis 60 Black-eyed-Susan - Rudbeckia hirta 60 Brachycome (swan river daisy) - Brachycome iberidifolia 60 Browallia - Browallia elata and B. speciosa 65 Bupthalmum (willowleaf oxeye) - Bupthalmum salicifolium 60 Calceolaria - Calceolaria spp. 60 Calendula - Calendula officinalis 65 California-poppy - Eschscholzia californica 60 Campanula:

Canterbury Bells - Campanula medium 60 Cup and Saucer Bellflower - Campanula medium cv. Calycanthema 60 Carpathian Bellflower - Campanula carpatica 50 Peach Bellflower - Campanula persicifolia 50 Candytuft, Annual - Iberis amara, I. umbellata 65 Candytuft, Perennial - Iberis gibraltarica, I. sempervirens 55 Castorbean - Ricinus communis 60 Cathedral Bells - Cobaea scandens 65 Celosia - Celosia argentea 65 Centaurea:

Basket Flower - Centaurea americana 60 Cornflower (bachelor's button) - Centaurea cyanus 60 Dusty-miller - Centaurea cineraria 60 Royal Centaurea - Centaurea imperialis 60 Sweet Sultan - Amberboa moschata 60 Velvet Centaurea - Centaurea gymnocarpa 60 Cerastium (Snow-in-summer) - Cerastium tomentosum 65 *Chickweed, Tarus - Cerastium biebersteinii 65 Chinese Forget-me-not - Cynoglossum amabile 55 Chrysanthemum, Annual (not: painted daisy) - Chrysanthemum carinatum 40 Chrysanthemum, Garland - Chrysanthemum coronarium 40 Cineraria - Senecio cruentus 60 Clarkia - Clarkia unguiculata 65 Cleome - Cleome hassleriana 65 Coleus - Coleus blumei 65 Columbine - Aquilegia spp. 50 Coneflower, Purple - Echinacea purpurea 60 Coral Bells - Heuchera sanguinea 55 Coreopsis, Lance-leaved (tickseed) - Coreopsis lanceolata 40 Coreopsis, Plains (calliopsis) - Coreopsis tinctoria (syn. C. bicolor) 65 Corn, Ornamental - Zea mays subsp. mays 75 Cosmos:

Sensation, Mammoth and Crested types - Cosmos bipinnatus 65 Klondyke type - Cosmos sulphureus 65 Crossandra - Crossandra infundibuliformis 50 Dahlia - Dahlia spp. 55 *Daylily - Hemerocallis spp. 45 Delphinium, Perennial:

Cardinal Larkspur - Delphinum cardinale 55 Chinensis types, Belladonna types and hybrids - D. elatum 55 Dianthus:

Carnation - Dianthus caryophyllus 60 China Pinks - Dianthus chinensis 70 Grass Pinks - Dianthus plumarius 60 Maiden Pinks - Dianthus deltoides 60 Sweet William - Dianthus barbatus 70 Sweet Wivelsfield - Dianthus X allwoodi 60 Didiscus (blue lace flower) - Trachymene coerulea 65 Doronicum (leopard's bane) - Doronicum orientale 60 Dracaena - Cordyline australis 55 *Dragon Tree - Dracaena draco 40 English Daisy - Bellis perennis 55 Flax:

Flowering Flax - Linum grandiflorum 60 Golden Flax - Linum flavum 60 Scarlet flax - Linum grandiflorum cv. Rubrum 60 Lewis flax (blue flax) - Linum lewisii 60 Perennial Flax (blue flax) - Linum perenne 60 *Flowering Maple - Abutilon spp. 35 Foxglove - Digitalis spp 60 Gaillardia: (indian blanketflower, blanketflower, firewheel)

Gaillardia, Annual - Gaillardia pulchella 45 Gaillardia, Perennial - Gaillardia aristata 45 Gerbera (transvaal daisy) - Gerbera jamesonii 60 Geum - Geum spp. 55 Gilia - Gilia spp. 65 Gloxinia - Sinningia speciosa 40 Godetia - Clarkia concinna 65 Gourds:

Yellow flowered - Cucurbita pepo 70 White flowered - Lagenaria siceraria 70 Dishcloth Gourd (luffa sponge) - Luffa aegyptiaca 70 Gypsophila:

Annual Baby's-Breath - Gypsophila elegans 70 Perennial Baby's-Breath - Gypsophila paniculata, G. pacifica, G. repens 70 Helenium - Helenium autumnale 40 Helichrysum - Helichrysum bracteatum 60 Heliopsis - Heliopsis helianthoides 55 Heliotrope - Heliotropium spp. 35 Helipterum (Acroclinium) - Helipterum roseum 60 Hesperis (sweet rocket, dame's rocket) - Hesperis matronalis 65 Hollyhock - Alcea rosea 65 Hunnemania (mexican tulip poppy) - Hunnemania fumariifolia 60 Hyacinth Bean - Lablab purpureus 70 Impatiens - Impatiens hostii, I. sultani 55 Ipomea:

Cypress Vine - Ipomea quamoclit 75 Moonflower - Ipomea alba 75 Morning Glories, Cardinal Climber, Hearts and Honey Vine - Ipomea spp 75 Jerusulem Cross (maltese cross) - Lychnis chalcedonica 70 Job's Tears - Coix lacryma-jobi 70 Larkspur, Annual - Consolida ajacis (syn. Delphinium ajacis, D. ambiguum) 60 Lantana - Lantana camara 35 Lilium (regal lily) - Lilium regale 50 Linaria - Linaria spp. 65 Lobelia, Annual - Lobelia erinus 65 Lunaria, Annual - Lunaria annua 65 Lupine - Lupinus spp. 65 Marigold - Tagetes spp 65 Marvel of Peru (four-o'clock) - Mirabilis jalapa 60 Matricaria (feverfew) - Tanacetum parthenium 60 Mignonette - Reseda odorata 55 Myosotis (forget-me-not) - Myosotis alpestris, M. sylvatica, M. scorpioides 50 Nasturtium - Tropaeolum spp. 60 Nemesia - Nemesia spp. 65 Nemophila (baby-blue-eyes) - Nemophila menziesii 70 Nemophila, Spotted (five-spot) - Nemophila maculata 60 Nicotiana - Nicotiana alata, N. X sanderae, N. sylvestris 65 Nierembergia - Nierembergia spp. 55 Nigella (love-in-a-mist) - Nigella damascena 55 Painted Daisy - Chrysanthemum coccineum 60 Pansy - Viola tricolor 60 Penstemon - Penstemon barbatus, P. grandiflorus, P. laevigatus, P. hirsutus 60 Petunia - Petunia spp. 45 Phacelia - Phacelia campanularia, P. minor, P. tanacetifolia 65 Phlox, Annual - Phlox drummondii all types and varieties 55 Physalis (husk tomato, Chinese lanternplant) - Physalis spp. 60 Platycodon (balloon flower) - Platycodon grandiflorus 60 Plumbago, Cape - Plumbago auriculata 50 *Ponytail - Beaucarnea recurvata 40 Poppy:

Shirley Poppy (corn poppy) - Papaver rhoeas 60 Iceland Poppy - Papaver nudicaule 60 Oriental Poppy - Papaver orientale 60 Tulip Poppy - Papaver glaucum 60 Portulaca (rose moss) - Portulaca grandiflora 55 Primula (primrose) - Primula spp. 50 Pyrethrum (painted daisy) - Chrysanthemum coccineum 60 Salpiglossis - Salpiglossis sinuata 60 Salvia:

Scarlet Sage - Salvia splendens 50 Mealycup Sage (blue bedder) - Salvia farinacea 50 Saponaria - Saponaria ocymoides, Vaccaria hispanica 60 Scabiosa: (pincushion flowers)

Scabiosa, Annual (mourning-bride) - Scabiosa atropurpurea 50 Scabiosa, Perennial - Scabiosa caucasica 40 Schizanthus (butterfly flower) - Schizanthus spp 60 Sensitive Plant (mimosa) - Mimosa pudica 65 Shasta Daisy - Leucanthemum X superbum, L. vulgare 65 Silk Oak - Grevillea robusta 25 Snapgragon - Antirrhinum spp. 55 Solanum - Solanum spp. 60 Statice - Limonium sinuatum, Psylliostachys suworonii 50 Stocks:

Common - Matthiola incana 65 Evening Scented - Matthiola logipetala subsp. bicornis 65 Summer Cypress - Kochia scoparia cv.Trichophylla 55 Sunflower - Helianthus spp 70 Sunrose - Helianthemum spp 30 Sweet Pea:

Annual (other than dwarf bush) - Lathyrus odoratus 75 Annual (dwarf bush) - Lathyrus odoratus 65 Perennial - Lathyrus latifolius 75 Tahoka Daisy - Machaeranthera tanacetifolia 60 Thunbergia (black-eyed Susan vine) - Thunbergia alata 60 Torch Flower (Mexican sunflower) - Tithonia rotundifolia 70 Torenia (wishbone flower) - Torenia fournieri 70 Tritoma (red-hot-poker, poker plant) - Kniphofia spp. 65 Verbena, Annual - Verbena X hybrida 35 Vinca - Catharanthus roseus 60 Viola (Johnny-jump-up) - Viola cornuta 55 Virginian Stocks - Malcolmia maritima 65 Wallflower - Cheiranthus cheiri 65 Yucca (Adam's needle) 50 Zinnia:

Zinnia (except Creeping) - Zinnia augustifolia, Z. violacea, Z. grandiflora, Z. haageana, Z. peruviana, Z. acerosa Zinnia, Creeping - Sanvitalia procumbens 50 All other kinds 50 5.2. A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds constituting 25 percent or more of the mixture by number is below standard for the kind or kinds involved.

Part 6. LABEL REQUIREMENTS FOR TREE AND SHRUB SEEDS.

Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transported within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container — except that labeling of seed supplied under a contractual agreement may be by invoice accompanying the shipment or by analysis tag attached to said invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling. 6.1. For all tree and shrub seeds:

(a) Common name of the species of seed (and subspecies, if appropriate).

(b) The scientific name including the genus, species, and subspecies, (if appropriate).

(c) Lot number or other lot identification.

(d) Origin.

(e) Purity as a percentage of pure seed by weight.

(f) For all species the following:

(1) Percentage germination exclusive of dormant or hard seed.

(2) Percentage of dormant or hard seed, if present.

(3) The calendar month and year test was completed to determine such (g) The name and address of the person who labeled said seed or who sells, or offers or exposes for sale, said seed within this State.

Part 7. NOXIOUS WEED LIST. 7.1. Prohibited (primary) noxious weeds:

Anoda, spurred (Anoda cristata)

Bindweed, field (Convulvulus arvensis)

Bouncingbet (Saponaria officinalis)

Camelthorn (Alhagi pseudalhagi)

Chamomile, scentless (Anthemis arvensis)

Cinquefoil, sulfur (Potentilla recta)

Clematis, Chinese (Clematis orientalis)

Daisy, oxeye (Chrysanthemum leucanthemum)

Goatgrass, jointed (Aegilops cylindrica)

Halogeton (Halogeton glomeratus)

Horsenettle, Carolina (Solanum carolinense)

Horsenettle, white (Solanum elaeagnifolium)

Houndstongue (Cynoglossum officinale)

Johnsongrass (Sorghum halepense)

Knapweed, black (Centaurea nigra)

Knapweed, diffuse (Centaurea diffusa)

Knapweed, Russian (Acroptilon repens) (syn. Centaurea repens)

Knapweed, spotted (Centaurea maculosa)

Knapweed, squarrose (Centaurea virgata)

Loosestrife, purple (Lythrum salicaria) and (Lythrum virgatum)

Mallow, Venice (Hibiscus trionum)

Medusahead (Taeniatherum caput-medusae)

Millet, wild proso (Panicum miliaceum subsp. ruderale)

Nutsedge, yellow (Cyperus esculentus)

Povertyweed, silverleaf (Ambrosia tomentosa) (syn. Franseria discolor)

Povertyweed, woollyleaf (Ambrosia grayi) (syn. Franseria tomentosa)

Rocket, Dame's (Hesperis matronalis)

Rue, African (Peganum harmala)

Sage, Mediterranean (Salvia aethiopis)

Saltcedar (Tamarix parviflora) and (Tamarix ramosissima)

Skeletonweed, rush (Chondrilla juncea)

Sorghum almum (Sorghum almum)

Sowthistle, perennial (Sonchus arvensis)

Spurge, cypress (Euphorbia cyparissias)

Spurge, leafy (Euphorbia esula)

Spurge, myrtle (Euphorbia myrsinites)

St. Johnswort, common (Hypericum perforatum)

Starthistle, yellow (Centaurea solstitialis)

Tarweed, coast (Madia sativa)

Thistle, Canada (Cirsium arvense)

Thistle, musk (Carduus nutans)

Thistle, plumeless (Carduus acanthoides)

Thistle, Scotch (Onopordum acanthium) and (Onopordum tauricum)

Toadflax, Dalmatian (Linaria dalmatica)

Toadflax, yellow (Linaria vulgaris)

Whitetop (Cardaria draba)

Whitetop, hairy (Cardaria pubescens)

Whitetop, tall (Lepidium latifolium)

Woad, Dyer's (Isatis tinctoria) 7.2 Restricted (secondary) noxious weeds:

Limitations in seeds per pound Blueweed (Helianthus ciliaris) 200 Burdock, common (Arctium minus) 200 Butterprint or velvet leaf (Abutilon theophrasti) 10 Dock, curly (Rumex crispus) 50 Dodder (Cuscuta spp.) 20 Foxtail, giant (Setaria faberi) 50 Groundcherry, purple (Quincula lobata) (syn. Physalis lobata) 50 Hemlock, poison (Conium maculatum) 10 Henbane, black (Hyoscyamus niger) 10 Lettuce, blue (Latuca tatarica subsp. pulchella) (syn. Latuca pulchella) 200 Mustard, black (Brassica nigra) 30 Mustard, India (Brassica juncea) 30 Mustard, wild (Sinapsis arvensis) (syn. Brassica kaber) 30 Oat, wild (Avena fatua) 10 in barley, oats, wheat, rye and triticale 100 in other seeds Plantain, buckhorn (Plantago lanceolata) 100 Povertyweed, mouse-ear (Iva axillaris) 200 Puncturevine (Tribulus terrestris) 50 Quackgrass (Elytrigia repens) (syn. Agropyron repens) 50 Sandbur, longspine (Cenchrus longspinus) 50 Thistle, bull (Cirsium vulgare) 10 No one lot of seed shall have more than five restricted weeds in the lot.

Part 8. GERMINATION STANDARDS. 8.1 The germination standards for vegetable seed in Colorado, stated as a percentage, shall be as follows:

Anise 50 Artichoke 60 Asparagus 70 Asparagusbean 75 Basil, sweet 70 Beans, garden 70 Bean, Lima 70 Bean, runner 75 Beet 65 Broadbean 75 Broccoli 75 Brussels sprouts 70 Burdock, great 60 Cabbage 75 Cabbage, tronchunda 70 Cantaloupe 75 Caraway 55 Cardoon 60 Carrot 55 Cauliflower 75 Celeriac 55 Celery 55 Chard, Swiss 65 Chervil, salad 65 Chicory 65 Chinese cabbage 75 Chives 50 Citron 65 Collards 80 Coriander 70 Corn, pop 75 Corn, sweet 75 Cornsalad 70 Cowpea 75 Cress, garden 75 Cress, upland 60 Cress, water 40 Cucumber 80 Dandelion 60 Dill 60 Eggplant 60 Endive 70 Fennel, Florence 60 Fennel, sweet 50 Kale 75 Kale, Chinese 75 Kale, Siberian 75 Kohlrabi 75 Leek 60 Lettuce 80 Marjoram, sweet 50 Melon 75 Muskmelon 75 Mustard 75 Mustard, spinach 75 Okra 50 Onion 70 Onion, Welsh 70 Oregano 60 Pak-Choi 75 Parsley 60 Parsnip 60 Pea 80 Peanut 60 Pepper 55 Pumpkin 75 Radish 75 Rhubarb 60 Roquette 60 Rosemary 30 Rutabaga 75 Sage 60 Salsify 75 Savory, summer 55 Sorrel 65 Soybean 75 Spinach 60 Spinach, New Zealand 40 Squash 75 Thyme 50 Tomato 75 Tomato, husk 50 Turnip 80 Watermelon 70 8.2. The germination standards for all other vegetable and herb seed, for which a standard has not been established, shall be 50%.

Part 9. STACKING AND LABELING OF SEED LOTS BY DEALERS. 9.1. Seed subject to inspection under the Act shall be stored in such a manner as to permit access for proper sampling of each lot. 9.2. Any lot of seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning and processing, or for sale outside the state only and not offered for sale within the state, shall be plainly labeled showing the specific purpose for which it is held. 9.3. Any bulk seed, or any seed in bags, bins, crates or any other sort of storage container, at any establishment that is registered under Section 35-27-111, C.R.S., shall be considered to be offered for sale, unless such seed is labeled as “Not For Sale” or kept in an area of the establishment that is clearly marked and designated for “Not For Sale” seed. The provisions of this rule shall not apply to seed described in Section 35-27-104(1)(c) C.R.S.

Part 10. THE SAMPLING OF SEED LOTS. 10.1. General Procedure:

(a) In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of that quantity.

(b) For free-flowing seed in bags or bulk, a probe or trier, shall be used. For small freeflowing seed in bags a probe or trier long enough to sample all portions of the bag shall be used.

(c) Nonfree-flowing seeds, such as certain grass seed, uncleaned seed, or screenings, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions.

(d) Composite samples shall be obtained to determine the quality of a lot of seed, such as the percentages of pure seed, other crop seed, weed seed, inert matter, noxious weed seed, germination, varietal purity, freedom from disease, and effectiveness of seed treatment. Individual bag samples may be obtained to determine whether the seed is of uniform quality. 10.2. Sampling Equipment:

For sampling seeds in bags a trier long enough to reach all areas in the bag shall be used. The trier shall be so designed that it will remove an equal volume of seed from each part of the bag through which the trier travels. Unless the trier has partitions in the seed chamber it must be inserted into the bags horizontally. Nonfree-flowing seeds difficult to sample with a trier shall be sampled by thrusting the hand into the seed and removing representative portions. When a sample is taken with the hand, insert the hand flat and with the fingers together. Keep the fingers together as the hand is closed and withdrawn.

Because of possible segregation, hand samples should be taken from various points in bags or in bulk. 10.3. Obtaining a “Submitted Sample”:

(a) Seed in Bags:

(1) When more than one core is drawn from a bag, follow different paths. When more than one handful is taken from a bag, take them from well separated points.

(2) For lots of one to six bags, sample each bag and take a total of at least five cores or handfuls.

(3) For lots of more than six bags, sample five bags plus at least 10% of the number of bags in the lot. Round numbers with decimals to the nearest whole number.

Regardless of the lot size, it is not necessary to sample more than thirty bags.

Examples:

No. bags in lot 7 10 23 50 100 200 300 400 No. bags to sample 6 6 7 10 15 25 30 30 (b) Bulk Seed: To obtain a composite sample, take at least as many cores or handfuls as if the same quantity of seed were in bags of an ordinary size. Take the cores or handfuls from well distributed points throughout the bulk.

(c) Seed in small containers: Seed in small containers shall be sampled by taking entire unopened containers in sufficient number to supply a minimum size sample as required in Part 10.4. The contents of a single container or the combined contents of multiple containers of the same lot shall be considered representative of the entire lot of seed sampled. 10.4. Size of Submitted Sample:

(a) For the composite sample to test for quality. The following are minimum weights for samples of seed to be submitted for analysis, test or examination.

(1) Two ounces (approximately 55 grams) of grass seed not otherwise mentioned, white or alsike clover, or seeds not larger than these.

(2) Five ounces (approximately 150 grams) of red or crimson clover, alfalfa, lespedezas, ryegrasses, bromegrasses, millet, flax, rape, or seeds of similar size.

(3) One pound of sudangrass, proso, or seeds of similar size.

(4) Two pounds (approximately 1,000 grams) of cereals, vetches, sorghums, or seeds of similar or larger size.

(5) Vegetable and ornamental seed samples shall consist of at least 800 seeds per sample. If a purity analysis or a noxious weed seed examination is required, the submitted sample shall provide at least the minimum weights of working samples set forth in Association of Official Seed Analysts Rules for Testing Seeds (October 2019). (As to incorporation of materials see Part 14.)

(6) Tree and shrub seed samples shall consist of at least 600 seeds per sample for germination purposes (1,000 seeds for paired tests). If a purity analysis or a noxious weed seed examination is required, the submitted sample shall provide at least the minimum weights of working samples set forth in Association of Official Seed Analysts Rules for Testing Seeds (October 2019). (As to incorporation of materials see Part 14.)

(b) For individual bag samples to test for uniformity:

(1) The size of any individual bag sample to determine uniformity in a lot of seed shall be not less than the quantities set out in the column “Minimum Weight for Noxious Weed Seed Examination” for the respective kinds of seed listed in Table 1, found in Association of Official Seed Analysts Rules for Testing Seeds, (October 2019). (As to incorporation of materials see Part 14.)

(2) If the sample drawn is larger than required it shall be thoroughly mixed before it is divided to the desired size. 10.5. Forwarding and Receipt of Official Samples: Before being forwarded to analysis, test, or examination the containers of official samples shall be properly sealed, identified, initialed and dated.

Part 11. ANALYSIS AND TESTING OF SEEDS. 11.1. The methods of analyzing and testing seed samples shall be the same as prescribed in the Association of Official Seed Analysts Rules for Testing Seeds (October 2019) (as to incorporation of materials see Part 14), except that:

a) Kinds of seeds that do not have germination testing protocols in the Association of Official Seed Analysts Rules for Testing Seeds (October 2019) may be tested with a tetrazolium test in place of a germination test; and b) Notwithstanding the fact that such protocols exist for Indian ricegrass (Achnatherum hymenoides), fourwing saltbrush (Atriplex canescens), and chokecherry (Prunus virginiana), these kinds of seeds may also be tested with a tetrazolium test in place of a germination test. 11.2. Except as provided in Rule 11.3 below, a standard germination test is valid for thirteen (13) months, unless the seed is stored in a hermetically sealed container, in which case it shall be valid for twenty-four (24) months. 11.3 Germination tests for seeds of the following kinds of cool season lawn and turf grasses shall be valid for sixteen (16) months, unless hermitically sealed: colonial bentgrass, creeping bentgrass, Kentucky bluegrass, chewings fescue, hard fescue, red fescue, tall fescue, annual ryegrass, intermediate ryegrass, and perennial ryegrass. If the seed is stored in a hermitically sealed container the test shall be valid for twenty-four (24) months. 11.4 The time for which a tetrazolium test is valid in place of a germination test shall be thirteen (13) months, unless the seed is stored in a hermetically sealed container, in which case it shall be valid for twenty-four (24) months.

Part 12. TOLERANCES. 12.1. Tolerances allow for the variation which may reasonably be expected in results obtained from different analyses or tests of the same lot of seed. They are for the protection of the labeler and shall not be used to show higher quality on the label than is indicated by the test. 12.2. Tolerances and methods of determination used in the enforcement of these rules shall be the same as prescribed in the Association of Official Seed Analysts Rules for Testing Seeds (October 2019). (As to incorporation of materials see Part 14.)

Part 13. SALES OF DISEASE FREE SEED BEANS. 13.1. Any beans sold for seed in Mesa, Montrose or Delta County, or any beans sold in any other county intended for planting as seed in Mesa, Montrose or Delta County must be either:

(a) Certified and labeled as such by an official seed certifying agency, or (b) Accompanied by a phytosanitary certificate issued by a regulatory agency which states that the beans were field inspected during active growth and were apparently free of field exhibited symptoms of seed born diseases. 13.2. Any inspections done pursuant to the enforcement of this section of the seed law shall be paid for by the person selling such bean and shall be billed at actual cost for the inspection.

Part 14. INCORPORATION BY REFERENCE. 14.1. The 2010 edition of the Tetrazolium Testing Handbook (“Handbook”), published by the Society of Commercial Seed Technologists and the Association of Official Seed Analysts, is hereby incorporated by reference and made a part of these Rules. The incorporated Handbook does not include later revisions. The Handbook is available for public inspection during regular business hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021 and available for purchase from the Society of Commercial Seed Technologists/Association of Official Seed Analysts at https://www.analyzeseeds.com/product/tetrazolium-testing-handbook-2018/. 14.2. The October 1, 2019 edition of the Rules for Testing Seed (“Testing Rules”), published by the Association of Official Seed Analysts, is hereby incorporated by reference and made a part of these Rules. The incorporated Testing Rules do not include later revisions. The Testing Rules are available for public inspection during regular business hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021 and available for purchase from the Association of Official Seed Analysts at https://www.analyzeseeds.com/product/aosarules-volume-1-principles-rocedures-2019/.

Part 15. RECORDS REQUIRED TO BE KEPT. 15.1. Each person whose name appears on a label on a seed container as a handler of the seed in such container shall keep records of the origin, sale, shipping, and disposition of such seed. 15.2. Each person acting as a custom seed conditioner shall keep records of the owner of the seed, kind and if known the variety, quantity, and date and place of cleaning for each lot of seed conditioned.

Part 16. PESTICIDE TREATED ALFALFA SEED AND CLOVER SEED. 16.1 The following provisions apply to alfalfa seed and clover seed resulting from crops treated with any pesticide registered under Section 3 of the Federal Insecticide, Fungicide and Rodenticide Act which requires such rules as a condition of registration for use in alfalfa seed or clover seed production, or any pesticide registered under Section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act which requires such rules as a condition of registration for use in alfalfa seed or clover seed production. 16.2 Every person engaged in the business of seed conditioning shall keep records of individual growers' alfalfa and clover seed dirt weight and clean weight for three (3) years and shall furnish such records to the Commissioner upon request. 16.3 All seed screenings shall be disposed of at a controlled dump site, incinerator, or other equivalent disposal site. Every person engaged in the business of seed conditioning shall keep records of seed screening disposal which records shall include the disposal site, method, weight of disposed screenings and date of disposal. Every person engaged in the business of seed conditioning shall keep seed screening disposal records for three (3) years and shall furnish such records to the Commissioner upon request. 16.4 All seed shall be conspicuously tagged or labeled with the following statement, “NOT FOR HUMAN CONSUMPTION OR ANIMAL FEED.” 16.5 No seed tagged as set forth in 16.4 above shall be sold, offered for sale or distributed for human consumption or animal feed.

Part 17. RESERVED

Part 18. RESERVED

Part 19. RESERVED

Part 20. STATEMENTS OF BASIS AND PURPOSE.

The statements of basis and purpose for some rule changes are no longer in the Departments files and are presumably in the state archives. 20.1 Emergency Regulation adopted September 17, 1993 - Effective September 17, 1993 Adopted November 19,1993 - Effective December 30,1993 The following rules are hereby promulgated under the authority of the Colorado Seed Act pursuant to 35- 27-101 through 125, C.R.S., (1993 Supp. as amended by Senate Bill 93-17). These rules are required by the Colorado Seed Act, which was repealed and reenacted by the 1993 State Legislature.

They deal with definitions of certain terms used which are not defined in the Act; the requirements for registration of seed labelers, custom seed conditioners, and retail seed dealers, including the setting of registration fees; label requirements for agricultural, vegetable and flower seeds, including seed mixtures and combination mulch, seed and fertilizer products, performance characteristics of flower seed, and germination standards for flower seeds and for vegetable seeds; label requirements for tree and shrub seeds; the lists of prohibited and restricted noxious weed seeds; seed sampling requirements and procedures; analysis and testing of seeds; tolerances on seed label information; and requirements concerning sales of disease free seed beans.

These rules repeal 8 CCR 1203-6, Parts I through VIII (sic IX) (April 1993), and new rules are adopted in total as follows: 20.2 Adopted November 13,1997 -Effective December 30,1997 (a) These amended rules are adopted pursuant to § 35-27-114 (1) (b), C.R.S. (1995) and pertain to the administration and enforcement of the Colorado Seed Act, § § 35-27-101 through 125, C.R.S.

(1995).

(b) The purposes of these amended rules are to: update the germination standards for vegetable seed; update incorporation of the Journal of Seed Technology, Seedling Evaluation Handbook and Uniform Classification of Weed and Crop Seeds; delete incorporation of the Federal Seed Act Regulations; and address requirements for pesticide treated alfalfa seed and clover seed. 20.3 Adopted February 17, 1998 - Effective March 30,1998 (a) The following rules are hereby promulgated under the authority of the Colorado Seed Act pursuant to § § 35-27-101 through 125, C.R.S., (1993 Supp. as amended by Senate Bill 93-17).

These rules are required by the Colorado Seed Act, which was repealed and reenacted by the 1993 State Legislature. They deal with definitions of certain terms used which are not defined in the Act; the requirements for registration of seed labelers, custom seed conditioners, and retail seed dealers, including the setting of registration fees; label requirements for agricultural, vegetable and flower seeds, including seed mixtures and combination mulch, seed and fertilizer products, performance characteristics of flower seed, and germination standards for flower seeds and for vegetable seeds; label requirements for tree and shrub seeds; the lists of prohibited and restricted noxious weed seeds; seed sampling requirements and procedures; analysis and testing of seeds; tolerances on seed label information; and requirements concerning sales of disease free seed beans. These rules repeal 8 CCR 1203-6, Parts I through VIII (sic IX) (April 1993), and new rules are adopted in total as follows: 20.4 Adopted October 2, 2003 - Effective December 1, 2003 (a) Statutory Authority: These amendments to the permanent rules pertain to the registration fees of the Colorado Seed Act, § § 35-27-101 through 125, C.R.S. (2002), and are adopted by the Commissioner of Agriculture pursuant to § § 35-27-111(4)(a)(I) and 114(1)(b)(VIII), C.R.S.

(b) Purpose: The purpose of these amendments are to increase the registration fee to allow more funds to be spent on seed sample analysis to verify that seed labeling is in compliance with the Colorado Seed Act and these rules.

(c) Factual and Policy Issues: The factual and policy issues encountered in the proposal of these permanent rules are as follows:

(1) Seed sampling and analysis to determine truth in labeling is an essential consumer and environmental protection function of the seed regulatory program conducted under the Colorado Seed Act. Samples are analyzed to ensure that the labeling components such as pure seed and germination percentage are accurate to protect the consumer. In addition, the analysis can detect any weed seed present in the product to protect both the consumer and the environment. The Colorado Department of Agriculture (CDA) performs the seed sampling and the Colorado State University Seed Laboratory (CSU Laboratory) provides the analysis function through a contract with CDA. CDA does not have qualified staff to conduct seed analysis.

(2) Use of the CSU Laboratory provides an objective third party analysis when regulatory action is required because of seed analysis results. It prevents potential conflict of interest concerns that a private laboratory would encounter particularly since companies regulated under the Colorado Seed Act operate many of the private seed laboratories. In addition, it saves CDA costs by not having to develop and conduct a system to provide all of the samples as “blind samples” to a private laboratory to ensure they cannot determine the place the sample was taken from. Other regulatory seed laboratories operated by Departments of Agriculture or Universities in other states have no interest in performing seed analysis for Colorado.

(3) The CSU Laboratory revenues have decreased in recent years. This decrease has caused the laboratory to reduce staff to a level that is not sustainable for operation in the long term. To obtain sufficient revenue the Laboratory must raise seed analysis costs to its customers such as the Colorado Department of Agriculture.

(4) The Colorado seed industry believes the CSU Laboratory provides an essential function for processing regulatory samples as well as in the education of seed analysts.

(5) The Colorado seed industry supports providing increased revenue to the Laboratory through increased charges on seed analysis by the CSU Laboratory.

(6) The Colorado seed industry supports an increase in seed registrations fees to pay for the increased charges by the CSU Laboratory. 20.5 Adopted December 9, 2008 - Effective January 30, 2009 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 Colorado Seed Act (the “Act”), § The purposes of these proposed rule amendments are as follows;

The purpose of these proposed rules is:

1. To adopt a new Rule 1.2 (j), to define a new term, “tetrazolium test”.

2. To adopt a new Rule, 3.1 requiring that all lots of seed that are being labeled from the results of a tetrazolium test, in place of a germination test, be required to disclose that information on the label.

3. To amend existing Rules 7.1 and 7.2 to delete obsolete statements concerning effective dates for certain noxious weeds.

4. To amend existing Rule 8.1 to add the term “stated as a percentage” to the introductory header sentence, after the word “Colorado’ and add the word “Kind” above the first column and the symbol “%” above the second column.

5. To amend existing Rule 8.1 to add 16 kinds of seed and their germination standards.

6. To adopt a new Rule 8.2 specifying that all vegetable and herb seeds not listed in 8.1 shall have a specific germination standard of 50%.

7. To adopt a new Rule 9.3 to require all seed contained within any building or other structure owned or operated by a seed registrant that is not for sale to be clearly marked as such.

8. To adopt a new Rule, 11.1 to update the reference materials for methods of analyzing and testing seed samples to incorporate the most current methods in the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.

9. To adopt new Rules 11.1(a) and 11.1(b) to specify by rule what kinds of seeds will be allowed to be analyzed with the results of a tetrazolium test.

10. To adopt a new Rule 11.2 which states that the time that a germination test is valid is 13 months, unless it is stored in hermetically sealed containers, in which case it shall be valid for 24 months.

11. To adopt a new Rule 11.3 specifying what kinds of cool season grasses will be allowed to be labeled as to germination for a period of 16 months instead of the standard 13 months, as allowed under in §35-27-113(1)(a) , C.R.S.

12. To adopt a new Rule 11.4 which establishes the length of time during which a tetrazolium test is valid for labeling purposes.

13. To amend existing Rule 12 to update the tolerance and methods of determination used in the enforcement of these rules to incorporate the most current tolerances and methods in the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.

14. To add the title to Part 13, “SALES OF DISEASE FREE SEED BEANS”.

15. To amend existing Rule 14 to delete references to outdated materials incorporated by reference and replace them with the correct reference.

16. To amend Rule 14 to delete outdated references to Section Chief and Plant and Insect Section and to replace them with the term “Seed Program Coordinator”.

17. To amend existing language in several places to correct typographical errors.

18. The proposed new Rule 1.2(j) is necessary because the term, “tetrazolium test”, which is used in §35-27-113(1)(a), C.R.S., is not defined in the Act.

19. A tetrazolium test is different from a germination test in that a tetrazolim test only determines the percentage of the seeds that are viable (living) rather than the percentage of the seeds that will likely germinate. Prior to the amendment to §35-27-113(1)(a), C.R.S., in 2007, and the implementation in these rule changes, seed could not have been labeled with a tetrazolium test.

Because the use of a tetrazolium test will now be allowed for specifically identified seeds; the test is less stringent; and consumers are used to the label data being obtained from a germination test; it is necessary to inform them of this fact so they can make an informed purchasing decision.

3. The amended language to Rules 7.1 and 7.2 is necessary because they contain effective dates for certain noxious weeds that are now obsolete and confusing.

4. The amended language to 8.2 is necessary to clarify that the figures are stated as percentages in the table below the header sentence.

5. The amended language to Rule 8.1 is necessary to update the rule to bring it in conformity with the current list of the kinds of vegetable seeds listed and their germination standards in the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition.

6. The new Rule 8.2 is necessary to specify that all vegetable and herb seeds not listed shall have a designated germination standard since they presently do not. This change is necessary also to bring these rules into conformity with the Recommended Uniform State Seed Law (RUSSL), as adopted by the Association of American Seed Control Officials, July 2007 edition, for germination standards for vegetable and herb seeds not listed.

7. The proposed new Rule 9.3 is necessary because it will better facilitate inspection and/or sampling of all seed.

8. The amended language to Rule 11 is necessary because the old references are obsolete.

9. New Rules 11.1(a) and 11.1(b) are necessary because the Commissioner is required to specify by rule which seeds may be analyzed by means of a tetrazolium test. Rule 11.1(a) will allow certain kinds of seeds that presently do not have established germination standards written for them by the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition, to be analyzed with a tetrazolium test in place of a germination test. Rule 11.1(b) will allow analysis with a tetrazolium test these three kinds of seeds, Indian ricegrass (Achnatherum hymenoides), fourwing saltbush (Atriplex canescens), and chokecherry (Prunus virginiana), that presently do have rules written for them by the Association of Official Seed Analysts Rules for Testing Seeds, 2008 edition, but do not germinate in a timely fashion.

10. The proposed new Rule 11.2 is necessary to clarify the valid time for germination tests.

11. The proposed new rule 11.3 is necessary due to the new language added to §35-27-113(1)(a), C.R.S. in 2007, which allows specified cool season grasses to be labeled for germination for a period of 16 months instead of the 13 months specified for all other non-hermetically sealed containers. These cool season grasses have been shown to retain the germination for a period longer than 13 months in most cases (i.e. not exposed to direct sunlight, excessive moisture or high temperatures).

12. The proposed new Rule 11.4 is necessary because implementation of the tetrazolium test as a replacement for the germination test for certain kinds of seed requires the establishment of a time period of validity for labeling purposes. Furthermore, it is scientifically valid and more manageable to the industry and consumers to stay with the time frame for the validity of the germination test, for labeling purposes, for these same kinds of seed.

13. The amended language to Rule 12 is necessary because the old tolerances and methods referenced are obsolete.

14. The proposed new title to Part 13 is necessary to bring clarity and continuity to the seed regulations as the title to Part 13 was removed accidentally when the Rules were converted to the electronic format.

15. The amended language to Rule 14 is necessary because the old references are obsolete.

16. The amended language in Rule 14 is necessary because the old references are obsolete. The Plant and Insect Section was eliminated as an identified entity within the Division of Plant Industry.

17. The amended language is necessary to eliminate typographical errors that had been incorporated into prior versions of this Act. 20.6 Adopted November 19, 2009 - Effective December 30, 2009 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 Colorado Seed Act (the “Act”), § The purpose of this proposed rule amendment is to increase the registration fee paid by retail seed dealers from $25 per year to $50 per year.

18. By statute the Seed Program is funded by a combination of general funds and cash funds. The revenue for the cash funded portion is generated by the registration fees paid by seed registrants to label, condition or sell seed in Colorado.

19. Pursuant to 35-27-111 Registration of Seed Conditioners, Farmer Seed Labelers, Retail Seed Dealers, and Seed Labelers – Forms –Fees-Renewals; there are four types of seed registrations in the Seed Act and Rules and Regulations. These four types are Seed Conditioners, Farmer Seed Labelers, Retail Seed Dealers, and Seed Labelers. The Seed Conditioners maximum fee allowed by statute is $300. The current fee is $300. The Farmer Seed Labelers maximum fee allowed by statute is $75. The current fee is $75. The Retail Seed Dealers maximum fee allowed by statute is $75. The current fee is $25. The Seed labelers maximum fee allowed by statute is $300. The current fee is $300.

20. During the 2008 legislative session the General Assembly removed $20,000 from the general funded portion of the seed program budget to help with the overall State budget needs.

21. The seed program has consistently cut back on the work conducted by the program to meet budget constraints. This is documented in the number of seed samples collected and seed inspections performed. The program took 550 seed samples in 1999 and has gradually reduced that number to the current 301 to account for budget constraints. The program averaged over 900 seed inspection per year in the late 1990s and is now conducting about 650 inspections per year.

22. In order to avoid reducing the program activities more and therefore decreasing the value of the program, the industry seed ad hoc advisory committee recommended that fees be increased to offset the general fund revenue removed in 2008.

23. Since the only fee not at the statutory cap is the Retail Seed Dealer registration it is proposed to raise this fee.

24. The program has an average of 900 retail seed registrations per year. 900 registrations multiplied by the $25 increase would generate roughly $22,500.

25. The fees for this category of seed registration have not been increased since the statutory change to have seed registrations and fees was enacted in 1993. 20.7 Adopted June 12, 2019 – Effective July 30, 2019 These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the authority under the Colorado Seed Act (the “Act”), § The purpose of this proposed rule amendment is to:

1. Increase the registration fee paid by retail seed dealers from $50 to $75 per year.

2. Increase the additional location fee paid by seed dealers and seed conditioners from $25 to $75 per year.

3. Update the reference to the Tetrazolium Test to the 2010 edition, published by the Society of Commercial Seed Technologists and the Association of Official Seed Analysts.

4. Update the reference used to measure tolerance of seed testing when enforcing truth in labeling to the October 2018 edition of the Rules for Testing Seeds, published by the Association of Official Seed Analysts.

5. Update the department address to its current location in Broomfield, CO.

6. By statute, the Seed Program is funded by a combination of general funds and cash funds. The revenue for the cash funded portion is generated by the registration fees paid by seed registrants to label, condition, or sell seed in Colorado. The current registration fees do not provide sufficient revenue to administer the Seed Program effectively, and, without increasing the fees, the Department would need to cut back on work conducted by the Seed Program (i.e., seed collection, sampling, and testing). To Date, the Department has curtailed its sampling from 550 seed samples in 1999 to 250 seed samples at present and over 900 seed inspections per year in the late 1990s to approximately 300 inspections per year at present.

7. Pursuant to section 35-27-111, C.R.S., there are four types of seed registrations: seed conditioners, farmer seed labelers, retail seed dealers, and seed labelers. The only fees not presently at the statutory cap are the retail seed dealer registration fee and additional location fees for seed labelers and seed conditioners. therefore, these are the only categories in which the Department may increase fees.

8. The Industry Seed Ad Hoc Advisory Committee recommended that fees be increased to address the funding deficit and to ensure that program activities not be negatively affected.

9. The Seed Program has an average of 900 retail seed dealer registrations per year (355 primary locations + 563 additional locations). 355 registrations multiplied by the $25 increase would generate roughly $8,875 for the Seed Program.

10. The Seed Program has an average of 300 registered seed labelers and seed conditioners, with approximately 50 of those 300 registrations including additional locations. Increasing the additional location fee for these businesses would raise $2,500 for the Seed Program.

11. The Department has not increased fees for the retail seed dealer category since 2009.

12. The Department has not increased fees for the seed labeler and seed conditioner categories since those categories were formed and associated fees set in 1993. 20.8 Adopted February 12, 2020 – Effective March 30, 2020 The amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the authority under the Colorado Seed Act (the “Act”), § The purpose of the proposed rule amendments is to:

13. Update incorporation by reference language for the Tetrazolium Testing Handbook (“Handbook”) and the Rules for Testing Seed (“Testing Rules”), published by the Society of Commercial Seed Technologists and/or the Association of Official Seed Analysts, to meet the requirements of § 24- 4-103(12.5)(a)(iv), C.R.S, of the State Administrative Procedure Act.

14. The State Administrative Procedure Act sets forth the requirements for incorporating by reference all or any part of a code, standard, guideline, or rule that has been adopted by an agency of the United States, this state, or another state, or adopted or published by a nationally recognized organization or association.

15. Specifically, the State Administrative Procedure Act requires that the rule states where copies of the code, standard, guideline, or rule are available for a reasonable charge from the agency adopting the rule and where copies are available from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule.

16. Although the rules identified the publishers of the Handbook and the Testing Rules by name, they did not provide an address or website where the Handbook or Testing Rules could be obtained from the publishers. The amendments to the rules now include a specific URL where the Handbook and Testing Rules can be obtained for purchase from the publishers.

17. A newer version of the Testing Rules became effective October 1, 2019, and the rule amendments update the relevant edition to 2019. 20.9 Adopted September 9, 2020 – Effective October 30, 2020 Statutory authority The amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the authority under the Clorado Seed Act (the “Act”), § 35- 27-114(1)(b), C.R.S.

The purpose of the proposed rule amendments is to:

1. Align the rules with fees now set in statue, which fees became effective June 25, 2020.

2. Part 2.5. of these Rules has been revised to reflect the statutory annual registration fee for seed labelers is $519.00 per year.

3. Part 2.6. of these Rules has been revised to reflect the statutory annual registration fee for custom seed conditioners is $519.00 per year.

4. Part 2.7. of these Rules has been revised to reflect the statutory annual registration fee for farmer seed labelers is $130.00 per year.

5. Part 2.8. of these rules has been revised to reflect the statutory annual registration fee for retail seed dealers is $130.00 per year.

6. Part 2.9.1. of these Rules has been revised to reflect an increase in the annual registration fee for a second business location for farmer seed labelers from $25.00 per year to $43.00 per year, as well as to correct non-substantive typographical errors.

7. Part 2.9.2 of these Rules has been added to reflect an increase in the annual registration fee for a second business location for a retail seed dealer from $25.00 per year to $43.00 per year.

The factual and policy issues encountered when developing these rule amendments include:

1. Section 35-27-125, et seq., C.R.S., was set for repeal on July 1, 2020. Prior to repeal, the Act was scheduled to undergo a sunset review through the Department of Regulatory Agencies (“DORA”), consistent with section 24-34-104, C.R.S. Subsequent to the sunset review, DORA recommended continuation of the Act. The General Assembly reviewed DORA’s recommendations and passed House Bill 20-1184. House Bill 20-1184 continued the Act, and codified into the statute minimum yearly registration fees for each registration category and for certain categories of second business locations.

2. Because the fee provisions in the Act became effective June 25, 2020, the fees described in the Rules were no longer accurate. As such, the Department is revising the Rules to harmonize the Rules to the Act. This will avoid stakeholder confusion with respect to operative fees moving forward. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2009.

Rules 2.8, 20.6 eff. 12/30/2009.

Rules 1.2(j), 2.8, 2.9, 2.9.1, 5.1, 10.4.(a)(5)-(6), 10.4.(b)(1), 11.1, 12.2, 14.1, 14.2, 20.7 eff. 07/30/2019.

Rules 10.4.(a)(5-6), 10.4.(b)(1), 11.1, 12.2, 14.1, 14.2., 20.8 eff. 03/30/2020.

Rules 2.5-2.9.2, 20.9 eff. 10/30/2020.

8 CCR 1203-7 RULES AND REGULATIONS PERTAINING TO THE PROCEDURE FOR ESTABLISHING PEST CONTROL DISTRICTS AND FOR THE CONTROL OF GRASSHOPPERS, MORMON CRICKETS, OR RANGE CATERPILLARS [Repealed eff. 05/30/2019] {#sec-8-ccr-1203-7 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-7}

DEPARTMENT OF AGRICULTURE

Plant Industry Division RULES AND REGULATIONS PERTAINING TO THE PROCEDURE FOR ESTABLISHING PEST CONTROL DISTRICTS AND FOR THE CONTROL OF GRASSHOPPERS, MORMON CRICKETS, OR RANGE CATERPILLARS - Repealed eff. 05/30/2019 8 CCR 1203-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Adopted April 11, 2019 – Effective May 30, 2019 Statutory Authority The repeal of these Rules is proposed by the Commissioner of the Colorado Department of Agriculture (“Department”) pursuant to her authority under §§ 35-5-103 and 123 C.R.S., of the Colorado Pest District Act.

Purpose Consistent with the Department’s Regulatory Efficiency Review Process, the purpose of this rulemaking is to repeal, in their entirety, the “Rules and Regulations Pertaining to the Procedure for Establishing Pest Control Districts and for the Control of Grasshoppers, Mormon Crickets, or Range Caterpillars” (“Rules”) currently published at 8 CCR 1203-7.

Factual and Policy Issues 1. The last infestation in Colorado of grasshoppers, Mormon crickets, and/or range caterpillars (the “Pests”) that required mitigation occurred in 1985. Since that time, the Rules have not been utilized, nor has the Department engaged in control of the Pests.

2. The United States Department of Agriculture Animal and Plant Health Inspection Service (“USDA APHIS”) has conducted monitoring in Colorado, as well as in 16 other states, for rangeland grasshoppers each year.

3. USDA APHIS, and not the Department, enters into cost-sharing agreements with landowners to control grasshoppers when those insect populations exceed a threshold established by USDA APHIS.

4. The Department cannot assist with cost-sharing or control unless the relevant county commissioners provide the Commissioner of Agriculture with certification of the formation of a pest control district and unless the Governor has declared a state of emergency resulting from a major infestation of the grasshopper or range caterpillar.

5. There are only five pest control districts in the State of Colorado, and none of those districts is considered a grasshopper control district. In fact, grasshoppers are only listed as a pest of concern in one district, Yuma County.

6. Between 2010 and 2018 grasshopper populations in Colorado have remained low, with only a few instances of localized hot spots in select geographical rangeland areas.

Plant Industry Division 7. Because the Rules have not been implemented in over 30 years; because there has never been a need for the Department to institute control or mitigation measures for the Pests; and because USDA monitors for rangeland grasshoppers in Colorado, both the Department’s role with respect to control/mitigation of the Pests and the Rules have become obsolete.

8. If, in the future, formation of a pest control district for the Pests is necessary, the authority to form and operate such a district remains intact at §§ 35-5-104 and 120, C.R.S. Repeal of the Rules will not change that authority, nor will it preclude any existing pest control district from identifying the Pests as insects of concern in the future. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 05/30/2019.

8 CCR 1203-8 RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO CHEMIGATION ACT (Recodified as 8 CCR 1206-4 eff. 12/30/2018) {#sec-8-ccr-1203-8 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-8}

DEPARTMENT OF AGRICULTURE

Plant Industry Division ADMINISTRATION AND ENFORCEMENT OF THE COLORADO CHEMIGATION ACT - Recodified as 8 CCR 1206-4 8 CCR 1203-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/30/2011.

Entire rule recodified as 8 CCR 1206-4 eff. 12/30/2018.

8 CCR 1203-9 Administration and Enforcement of the Organic Certification Act {#sec-8-ccr-1203-9 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-9}

Department of Agriculture ADMINISTRATION AND ENFORCEMENT OF THE ORGANIC CERTIFICATION ACT 8 CCR 1203-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Section 1. Purpose 1.01. These permanent rules are intended to facilitate certification of organic producers and handlers by the Colorado Department of Agriculture (“Department”) under the United States Department of Agriculture's National Organic Program.

Section 2. Certification of Producers and Handlers Under the National Organic Program 2.01. All certification of organic producers and handlers shall be done by the Department in its capacity as an accredited certifying agent for the United States Department of Agriculture's National Organic Program and in accordance with the provisions of the Organic Food Production Act of 1990, 7 U.S.C. § 6501 et seq. (2018) , incorporated by reference herein, and the National Organic Program Final Rule, 7 C.F.R. Part 205 (2019) , incorporated by reference herein.

Please refer to Section 5 for incorporation by reference information.

Section 3. Fees 3.01. Each applicant for certification shall be charged an annual, non-refundable certification fee based on the direct and indirect cost of administering the Program, including but not limited to, the category or categories for which the applicant is seeking certification, the type, size and complexity of the operation, the timing of submission of the application with respect to when an inspection must be conducted and any other factors that affect the cost to perform required certification activities for the applicant. Applicants shall submit payment of this fee with their application for certification. Once certified, all producers and handlers certified under the program shall pay this fee on an annual basis for each subsequent year in which they wish to remain certified by the Department. 3.02. The certification fee will be calculated by combining a base fee of $517.50 for the Applicant’s primary scope with scope fees as set forth below. If more than one type of production occurs within a scope, the scope fee is based upon the production which produces the most income. For operations that include multiple scopes, each additional scope incurs only a $1,035.00 base fee. For the purposes of this Section 3, “primary scope” means the part of an applicant’s operation that produces the most income.

a. Crop Scope Fees i. Dryland Acres 1. 1 – 1,000 acres: $517.50 2. 1,001 – 4,000 acres: $1,035.00 3. 4,001 – 7,500 acres: $2,173.50 4. 7,501 – 10,000 acres: $2,691.00 5. 10,001 or more acres: $3,208.50 ii. Greenhouse/Specialty Crop 1. 1 – 12,000 square feet: $517.50 2. 12,001 – 15,000 square feet: $1,035.00 3. 15,001 or more square feet: $2,173.50 iii. Irrigated Acres 1. 1 – 25 acres: $517.50 2. 26 – 200 acres: $1,035.00 3. 201 – 1,000 acres: $2,173.50 4. 1,001 – 5,000 acres: $2,691.00 5. 5,001 or more acres: $3,208.50 iv. Perennial Fruit 1. 1 – 5 acres: $517.50 2. 6 – 15 acres: $1,035.00 3. 16 – 30 acres: $1,552.50 4. 31 – 50 acres: $2,173.50 5. 51 or more acres: $2,691.00 b. Livestock Scope Fees i. Cattle – Dairy/Beef 1. 1 – 100 head: $517.50 2. 101 – 300 head: $1,035.00 3. 301 – 1,000 head: $2,691.00 4. 1,001 – 5,000 head: $3,622.50 5. 5,001 or more head: $10,350.00 ii. Poultry 1. 1 – 1,000 birds: $517.50 2. 1,001 – 10,000 birds: $1,035.00 3. 10,001 – 25,000 birds: $2,173.50 4. 25,001 – 50,000 birds: $2,691.00 5. 50,001 or more birds: $3,208.50 iii. Other (sheep, pigs, etc.)

1. 1 – 100 head: $517.50 2. 101 – 300 head: $1,035.00 3. 301 – 1,000 head: $2,691.00 4. 1,001 – 5,000 head: $3,622.50 5. 5,001 or more head: $10,350.00 c. Poultry and Livestock Processing Scope Fees i. Livestock Processing 1. 1 – 300 head: $517.50 2. 301 to 500 head: $1,035.00 3. 501 or more head: $2,173.50 ii. Poultry Processing Scope Fees 1. 1 – 3,000 birds: $517.50 2. 3,001 – 9,000 birds: $1,035.00 3. 9,001 or more head: $2,173.50 d. Process Handler Scope Fees If both single-ingredient and multi-ingredient products are requested for certification, the scope fee is based upon the highest fee of the two product categories.

i. Multi-Ingredient Finished Products 1. 1 – 5 products: $517.50 2. 6 – 10 products: $1,035.00 3. 11 – 15 products: $1,552.50 4. 16 – 20 products: $2,070.00 5. 21 – 30 products: $2,587.50 6. 31 or more products: $3,105.00 ii. Single-Ingredient Finished Products 1. 1 – 20 products: $517.50 2. 21 – 50 products: $1,035.00 3. 51 – 75 products: $1,552.50 4. 76 – 100 products: $2,070.00 5. 101 – 200 products: $2,587.50 6. 201 or more products: $3,105.00 e. Wild Crop Scope Fees i. Wild Crop Harvesting 1. 1 – 2 sites: $517.50 2. 3 – 5 sites: $1,035.00 3. 6 or more sites: $2,173.50 3.03. Depending upon the operation(s) that an applicant wishes to certify, an applicant may have more than one additional scope. 3.04. In addition to the above annual fees, all applicants for and holders of certifications issued by the Department shall be required to pay the costs of any inspections necessary to obtain and maintain certification as follows:

a. A flat-rate inspection fee of $155.25 per inspection that covers indirect costs of the inspection (e.g., mileage, travel, pre- and post-inspection review); and b. On-site inspection time will be charged at a rate of $46.58 per hour. 3.05. The base application fee of $517.50 is non-refundable. Any additional scope base fee(s) and the primary scope fees are non-refundable once the Colorado Department of Agriculture begins its initial review of the application. In order to obtain a refund, the applicant must inform the Colorado Department of Agriculture in writing that he/she/it no longer wishes to proceed with organic certification and must request a refund of the application fee(s).

Section 4. Minimum Standards for Contract Inspectors 4.01. The inspector must have sufficient training, knowledge and experience with the National Organic Program rules and generally accepted inspection processes to conduct inspections in any certification category for which they apply to conduct inspections without further training. Inspectors will be selected only in the category or categories for which they can demonstrate sufficient training, knowledge and experience. 4.02. A prospective inspector may demonstrate training, knowledge and experience by providing:

a. Evidence of inspections conducted within the last three years in specific categories. Inspector evaluations for the inspections should be provided from the accredited certifier along with the contact name of the accredited certifier; or b. Documentation of successful attendance and completion Independent Organic Inspector Association or equivalent training in the past three years; or c. Evidence of other qualifications the Commissioner determines appropriate to demonstrate training, knowledge and experience. 4.03. The Department reserves the right to require the prospective inspector to take an examination to determine his or her knowledge of the National Organic Program rules and general inspection processes.

Section 5. Incorporation by Reference 5.01 All material incorporated by reference is made a part of these rules. material incorporated by reference does not include later amendments to the incorporated material. 5.02. Copies of all incorporated materials are available for public inspection during regular business hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021. 5.03. Copies of incorporated materials are also available on-line as follows:

a. The Organic Food Production Act of 1990, 7 U.S.C. § 6501 et seq, (2018) is available at: http://uscode.house.gov/browse/prelim@title7/chapter94&edition=prelim.

b. The National Organic Program Final Rule, 7 C.F.R. Part 205 (2019) is available at: https://www.ecfr.gov/cgi-bin/textidx?SID=158497554242ed518daf630850c57f63&mc=true&node=pt7.3.20 5&rgn=div5.

Section 6 – 8 Reserved

Section 9 Statements of Basis, Specific Statutory Authority and Purpose 9.01. Adopted 7-7-89 - Effective 7-7-89.

Adopted 8-24-89 - Effective 10-1-89.

Pursuant to the provisions and requirements of the Organic Certification Act to regulate the production and certification of agricultural crops offered for sale as “organically grown products,” Title 35, Article 11.5, CRS, the following rules and regulations are hereby promulgated.

The purpose of these rules and regulations is to comply with the provisions of the associated statute to provide specific guidelines for the production and certification of agricultural products sold or offered for sale as organically grown.

The regulations are designed to:

Set standards for producing agricultural products that may be certified as having been produced without the use of any synthetically compounded fertilizer or pesticide.

To set certifications procedures to:

Issue evidence of the crop certification and for the sale and distribution of the “organic label” to licensed producers.

To establish procedures for:

Examining and evaluating products offered for sale to “organic producers” as a “plant amendment.”

Establish inspection procedures and policies for enforcement of the Act;

Determine license and inspection fees. 9.02. Adopted 5-1-90 - Effective 5-1-90.

This rule is adopted under the Colorado Organic Certification Act pursuant to Section 35-11.5-104, C.R.S. and deals with the definition of “synthetic pesticide”.

Organic producers may not use synthetic pesticides when growing crops on certified organic farms. In a number of pesticides the active ingredient is naturally derived but the inert ingredients are in some way synthetic. These products are synthetic under the definition of synthetic pesticide in the Rules and Regulations adopted on July 7, 1989.

At this time the list of pesticides which do not fall under the July 7, 1989, definition of synthetic is very limited.

The amended definition will permit organic producers a broader selection of pesticide products to choose from and still be able to use natural active ingredients.

These pesticide products will be needed for use by organic producers in the very near future. The time required to go through the public hearing process would prevent many of the growers from using these products in the 1990 growing season. This will result in a financial loss to growers because of uncontrolled insect and disease problems.

The immediate adoption of rule 1.19 is imperatively necessary for the preservation of public health, safety, and welfare, and compliance with the notice and hearing requirements of Section 24-4-103 of the Colorado Administrative Procedure Act would be contrary to the public interest. 9.03. Adopted 6-22-90 - Effective 7-30-90.

The following rule is hereby promulgated under the authority of the Colorado Organic Certification Act, pursuant to Section 35-11.5-104, C.R.S. It deals with the definition of “synthetic pesticide”.

Organic producers may not use synthetic pesticides when growing crops on certified organic farms. In a number of pesticides the active ingredient is naturally derived but the inert ingredients are in some way synthetic. These products are synthetic under the definition of synthetic pesticide in the Rules and Regulations adopted on July 7, 1989.

At this time the list of pesticides which do not fall under the July 7, 1989, definition of synthetic is very limited.

The amended definition will permit organic producers a broader selection of pesticide products to choose from and still be able to use natural active ingredients. Without the use of these products certified organic growers may suffer financial losses because of uncontrolled insect and disease problems.

Section 1 of the Rules and Regulations promulgated pursuant to the Colorado Organic Certification Act is amended by substituting the following for subsection 1.19.: 1.19. “ Synthetic Pesticide” means any pesticide whose active ingredient contains any January 1, 1992. 9.04. Adopted 10-18-91 - Effective 11-30-91.

The following rules are hereby promulgated under the authority of the Colorado Organic Certification Act, pursuant to Section 35-11.5-104, C.R.S. They deal with the definition of “synthetic pesticide” and with the subsection which exempts seed and seedlings from the requirements for organic production.

The definition of “synthetic pesticide” expires on January 1, 1992. At the time it was adopted in 1990, the State Agricultural Commission instructed proponents of this definition to re-evaluate it prior to 1992. The concern was over the blanket acceptance of synthetic inert ingredients in pesticides deemed acceptable for use in organic crop production. However, in the fall of 1990 the federal “Organic Foods Production Act of 1990” was passed by the United States Congress. It calls for state organic certification programs to meet certain standards to comply with federal requirements, to take effect on October 1, 1993. This federal legislation will make it necessary to amend the Colorado Organic Certification Act and the Rules and Regulations pertaining to it before this deadline.

It will be appropriate to re-evaluate the definition of “synthetic pesticide” at the same time that other changes, needed to comply with the federal statute, are made to the state legislation and regulations. The expiration date of this definition is therefore extended to October 1, 1993.

Subsection 4.02 exempts seed and seedlings from the requirements for organic production. This provision expires on January 1, 1992. The subsection was included in the regulations because of the great lack of availability of untreated seeds and seedlings in the Colorado organic production areas. This lack of availability is still a problem to Colorado organic producers and termination of this exemption within the next year will create a hardship for many organic producers and cause them to suffer financial losses.

In order to give organic producers more time to find sources of untreated seed, as more of these sources are made available, the expiration date of the provisions of this subsection are therefore extended until October 1, 1993 for seed. The expiration date for seedlings remains at January 1, 1992. 9.05. Adopted 11-19-93 - Effective 12-30-93.

The following rule is hereby promulgated under the authority of the Colorado Organic Certification Act, pursuant to Section 35-11.5-104, C.R.S., (1993 Supp). It defines “synthetic pesticide” and includes an expiration date in the definition.

The definition states that a pesticide is not a synthetic pesticide because it contains a synthetic inert ingredient. This definition thus allows for synthetic inert ingredients in pesticides which may be used by organic producers and it is now set to expire on October 1, 1995. At the present time there are virtually no pesticides being manufactured that do not have synthetic inert ingredients. Organic producers would have great difficulty growing crops without using these pesticides. It is anticipated that by October 1, 1995, federal regulations will provide lists of pesticides acceptable for use in organic production. At that time it will be appropriate to reevaluate this definition.

Section 1 of the Rules and Regulations promulgated pursuant to the Colorado Organic Certification Act is amended by substituting the following for subsection 1.19: 1.19. “ Synthetic Pesticide” means any pesticide whose active ingredient contains any October 1, 1995. 9.06. Adopted 11-18-94 - Effective 12-30-94.

These amendments to the rules and regulations are adopted pursuant to § 35-11.5-104, C.R.S. (1994 Supp.).

The purposes of these amendments to the rules and regulations are to establish standards for the use of any other organic labels on agricultural products sold within the state, pursuant to § § 35-11.5-104(1)(h) and 109(2), C.R.S. (1994 Supp.) and to provide guidance pertinent to the sanction imposed upon an organic producer's license pursuant to §35-11.5-111, C.R.S. (1994 Supp.).

SECTION 4.5 STANDARDS FOR THE USE OF OTHER ORGANIC LABELS ON

AGRICULTURAL PRODUCTS SOLD WITHIN THE STATE 4.51. Other organic labels are those labels defined in § 35-11.5-103(6) of the Act, specifically, any label, other than the organic certification seal described in

Section 7 below, which signifies to a consumer that the labelled product was organically grown. Such other labels may include, but are not limited to, a sign, label, seal, advertisement, or other type of promotional material pertaining to a product containing the words “organic,” “ organically grown,” , “certified,” “ certified organic,” “ verified,” “ verified organic,” any derivation of said words, or words with similar meaning. Failure to comply with this Section 4.5 is a prohibited act as set forth in §35-11.5-109(2), C.R.S. (1994 Supp.). 4.52. No such other organic labels shall be utilized in any fashion unless:

(a) The product was produced without the use of artificial irradiation, synthetic pesticides, synthetic plant or soil amendments, or fertilizer materials except natural organic fertilizers. Soaps for insecticidal purposes, lime sulphur, and horticultural oils are permissible;

(b) In the case of perennial crops, was grown in soil or growth medium free of the application of synthetic pesticides, synthetic soil and plant amendments, and synthetic fertilizer materials for three years prior to harvest; and (c) In the case of annual crops and two-year crops, was grown without the use of synthetic pesticides, synthetic soil and plant amendments, and synthetic fertilizer materials for three years prior to harvest. 9.07. Adopted 1-19-96 - Effective 3-1-96.

This amendment to the rules and regulations is adopted pursuant to §35-11.5-104, C.R.S. (1985). It amends the expiration date which is part of the definition of “synthetic pesticide”.

The definition states that a pesticide is not a synthetic pesticide because it contains a synthetic inert ingredient. This definition thus allows for synthetic inert ingredients in pesticides which may be used by organic producers and it is now set to expire on October 1, 1997. At the present time there are virtually no pesticides being manufactured that do not have synthetic inert ingredients. Organic producers would have great difficulty growing crops without using these pesticides. It is anticipated that by October 1, 1997, federal regulations will provide lists of pesticides acceptable for use in organic production. At that time it will be appropriate to reevaluate this definition.

Section 1 of the Rules and Regulations promulgated pursuant to the Colorado Organic Certification Act is amended by substituting the following for subsection 1.19: 1.19. “ Synthetic Pesticide” means any pesticide whose active ingredient contains any October 1, 1997. 9.08. Adopted 11-13-97 - Effective 12-30-97.

This amendment to the rules and regulations is adopted pursuant to § 35-11.5-104, C.R.S. (1997).

The purposes of this amendment are to delete the expiration date which is found in the definition of “synthetic pesticide” and to require review of this definition upon adoption of applicable federal rules.

FACTUAL FINDINGS

The United States Department of Agriculture is in the process of rulemaking pursuant to the Organic Foods Production Act of 1990, codified at 7 U.S.C. § 6501 et. seq. It is anticipated that these federal rules, which would be controlling, will resolve all issues concerning “synthetic pesticides.” The federal rules will likely not be adopted prior to the expiration date found in the definition of “synthetic pesticide.”

Section 1 is amended as follows:

SECTION 1. TERMS DEFINED AND CONSTRUED 1.19. “ Synthetic Pesticide” means any pesticide whose active ingredient contains any contains a synthetically manufactured substance. This subsection shall be reviewed upon adoption by the United States Department of Agriculture of rules pursuant to the Organic Foods Production Act of 1990, codified at 7 U.S.C. § 6501 et. seq. 9.09. Adopted 10-16-02 - Effective 10-16-02.

These emergency rules are adopted by the Commissioner of Agriculture pursuant to his

authority under the Organic Certification Act § 35-11.5-104, C.R.S. (2002).

The purpose of these emergency rules is to comply with and implement the provisions of H.B. 02-1186 directing the Colorado Department of Agriculture (“Department” ) to establish an organic certification program that is accredited under the United States Department of Agriculture's National Organic Program, which takes effect October 21, 2002.

NEED FOR EMERGENCY RULE:

The Commissioner of Agriculture hereby finds that immediate adoption of emergency rules for the establishment and implementation of the organic certification program provided for in H.B. 02-1186 is imperatively necessary to comply with federal regulation and to preserve the public welfare. The factual basis for this finding is as follows:

1. The Organic Certification Act § § 35-11.5-101 – 117, C.R.S. (2002), was originally enacted in 1989 to establish and implement a state program administered by the Department to help identify and assist Colorado farmers in marketing organically raised agricultural products.

2. In 1990, Congress passed the Organic Food Production Act, 7 U.S.C. § 6501 et seq., which authorized the United States Department of Agriculture (“USDA” ) to establish a national organic certification program that would supercede all state and private certification programs.

3. On December 21, 2000, USDA published its Final Rule at 7 C.F.R. part 205, establishing a National Organic Program (“NOP” ). When this program takes effect on October 21, 2002, the Colorado organic certification program established in 1989 will be preempted by the federal program. As of that date, all certifications issued under the 1989 Colorado law will be invalid. From that date on, any person that sells any agricultural product labeled as “organic” must be certified under the federal NOP instead.

4. In response to requests from Colorado organic producers, the General Assembly passed H.B. 02-1186, amending the Organic Certification Act effective June 3, 2002. This bill directed the Department to apply for accreditation to act as a certifying agent for USDA to certify producers and handlers of organic produce under the NOP.

5. The Department applied for accreditation at the end of July, 2002, and was notified within the last month that it can expect to receive accreditation before the October 21, 2002 effective date of the Final NOP Rule. This notification was unanticipated because USDA review of other state's applications for accreditation took more than six months to complete.

6. In order to serve the needs of organic producers and handlers to become certified before October 21, 2002, the Department plans to begin certifying producers and handlers as soon as it receives accreditation. If the Department is not able to certify handlers and producers prior to that date, they will have to try to obtain NOP certification from private certifying agents based outside of the state in order to continue their organic business. These emergency rules will allow the Department to issue certifications during the interim period until the effective date of the permanent rules, which are scheduled to take effect on January 1, 2003. 9.10. Adopted 10-30-02 - Effective 1-30-03.

These permanent rules are adopted by the Commissioner of Agriculture pursuant to his

authority under the Organic Certification Act § 35-11.5-104, C.R.S. (2002).

The purpose of these permanent rules is to: (1) repeal all of the existing permanent rules for the administration and enforcement of the Organic Certification Act, § § 35- 11.5-101 – 117, C.R.S. (2002), currently published at 8 C.C.R. 1203-9 (including the

Statement of Basis and Purpose as well as Rules 1 through 11) and; (2) replace the current permanent rules with new permanent rules which comply with and implement the provisions of H.B. 02-1186 directing the Colorado Department of Agriculture (“ Department” ) to establish an organic certification program that is accredited under the United States Department of Agriculture's National Organic Program.

FACTUAL AND POLICY ISSUES:

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. The Organic Certification Act § § 35-11.5-101 – 117, C.R.S. (2002), was originally enacted in 1989 to establish and implement a state program administered by the Department to help identify and assist Colorado farmers in marketing organically raised agricultural products.

2. In 1990, Congress passed the Organic Food Production Act, 7 U.S.C. § 6501 et seq., which authorized the United States Department of Agriculture (“USDA” ) to establish a national organic certification program that would supercede all state and private certification programs.

3. On December 21, 2000, USDA published its Final Rule at 7 C.F.R. part 205, establishing a National Organic Program (“NOP” ). When this program takes effect on October 21, 2002, the Colorado organic certification program established in 1989 will be preempted by the federal program. As of that date, all certifications issued under the 1989 Colorado law will be invalid. From that date on, any person that sells any agricultural product labeled as “organic” must be certified under the federal NOP instead.

4. In response to requests from Colorado organic producers, the General Assembly passed H.B. 02-1186, amending the Organic Certification Act effective June 3, 2002. This bill directed the Department to apply for accreditation to act as a certifying agent for USDA to certify producers and handlers of organic produce under the NOP.

5. The Department applied for accreditation at the end of July, 2002, and expects to receive accreditation by early October.

6. In order to serve the needs of organic producers and handlers to become certified before October 21, 2002, the Department plans to begin certifying producers and handlers as soon as it receives accreditation. In the interim period before these permanent rules take effect, therefore, the Department plans to incorporate the text of these proposed rules in temporary emergency rules. 9.11. Adopted 2-21-03 - Effective 6-2-03.

These amendments to the permanent rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Organic Certification Act § 35-11.5-104, C.R.S. (2002).

The purpose of these amendments to the permanent rules is to repeal the current

Section 2 of the existing permanent Rules incorporating the federal Organic Food Production Act of 1990 and the National Organic Program Final Rule and replace it with a new Section 2 that contains identical language to the current Rule plus additional language explaining how to obtain the incorporated materials. Nonsubstantive changes will be made to the rule to include the history of Statements of Basis and Purpose in

Section 9.

FACTUAL AND POLICY ISSUES:

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. On October 30, 2002, the Department adopted new rules pursuant to the Organic Certification Act § § 35-11.5-101 — 117, C.R.S. (2002), which established a certification fee system and incorporated by reference the federal Organic Food Production Act of 1990 and the National Organic Program Final Rule.

2. On December 5, 2002, the Department received notice from the Colorado General Assembly Office of Legislative Legal Services that, in order to comply with § 24-4-104(12.5)(d), C.R.S., of the State Administrative Procedure Act,

Section 2 of the new permanent Rules must specify how the public may obtain or examine the incorporated material. 9.12. Adopted 4-16-09 - Effective 5-30-09.

The amendments to the rules are adopted pursuant to the Organic Certification Act, § 35-11.5-104, C.R.S. (2008).

1. updating the zip code for the Department of Agriculture to reflect the current zip code;

2. removing the requirement that the annual fee for certification be due to the Department of Agriculture on the anniversary date of initial certification; and 3) increasing the reimbursement rate that can be charged for mileage for the inspector's travel to reflect the cost charged to the Department of Agriculture by Fleet Management for the vehicle.

The factual and policy issues encountered in the proposal of this amendment to the rules are as follows:

1. The United States Postal Service changed the last four numbers in the zip code several years ago. This change will correct this item in the rule.

2. The current rule requires the annual fee for certification be payable each year on the anniversary date of the initial certification. Because the annual fee is paid at the time the updated Organic Systems Plan is provided, this is not always appropriate. The Organic Systems Plan is a forward looking document that needs to submitted prior to the growing season for crops. When the initial certification is received in August, this sets up an inappropriate time frame for renewal in future years. Removal of this clause will allow the Department of Agriculture to set the date the annual fee is due to coincide with the best time for submission of the Organic Systems Plan.

3. The current limit for the reimbursement rate of $0.30 per mile that can be charged by for mileage for the inspector's travel is lower than what Fleet Management changed the Department of Agriculture when gas prices were high.

Fleet Management raised the reimbursement rate to $0.37 per mile in late 2008.

This will allow the Department of Agriculture to be reimbursed at the rate needed to meet Fleet Management's fee should gas prices rise in the future. 9.13. Adopted 12-16-10 - Effective 1-30-11.

The amendments to the rules are adopted pursuant to the Organic Certification Act, § 35-11.5-104, C.R.S. (2010).

1. Identifying factors which lead to cost differentiation and the range of application fees charged to entities apply for organic certification; and 2) Stating the minimum standards for contract inspectors. The option is now possible as the Organic Act was modified in 2010 adding the provision to allow for the use of contract inspectors.

2. Clarification was needed as to what type of factors are considered when determining the application fee for certified entities.

3. In 2010 the Organic Certification Act was amended to allow for contract inspectors. To implement this new provision, standards were needed to state what training, knowledge and experience the Department would require of potential inspectors. This provides the minimum qualification for the department to use in determining if a potential inspector is qualified. In addition it provides information to potential inspectors as to what credentials will be needed to apply as a contract inspector. 9.14 Adopted June 12, 2019– Effective July 30, 2019 The amendments to the rules are adopted pursuant to the Organic Certification Act, § 35-11.5-104, C.R.S.

4. Updating the versions of all material incorporated by reference and combining all incorporated by reference language into a new section of the rules;

5. Updating the address for the Colorado Department of Agriculture’s Organic Program;

6. Removing the cap on fees for providing certification services and including a fee schedule in the Rules;

7. Increasing the rate for inspection fees; and 5) Removing the limit on reimbursement rates for mileage.

8. The Rules were last updated in 2011. In that Time, newer versions of material incorporated by reference have been issued. Therefore, the Department is updating its Rules to reflect the most recent versions of incorporated material. In addition, because incorporated material appears in multiple sections of the Rules, the Department is consolidating all incorporation by reference information in a new Section 5.

9. The Department has moved its headquarters from Lakewood, Colorado, to Broomfield, Colorado. The amended language updates the Department’s address.

10. The Organic Program fees currently do not cover the cost of providing certification services, and, therefore, the Department must increase base fees and scope fees to cover the cost of providing those services. Because the Organic Certification Act authorizes the Department to charge for all direct and indirect cost of administering and implementing the Act and because the Act does not require a cap on fees, the Department has revised the language of the

Rule to remove the cap and to be more consistent with the language in § 35- 11.5-104(1)(a) concerning fees to fund the Program.

4. The Department has historically calculated certification fees based upon the completion of an on-line form. To provide more certainty to the regulated community with respect to fees charged, the Organic Program has included the information in this form in the Rules. Because the operations of participants in the Organic Program have increased in size and complexity since 2011, the Program has revised the scope fee categories and values included in the on-line form to reflect those changes. Save for large dairy or beef cattle operations, fees have increased step-wise across the board. The scope fee for beef or dairy cattle operations with over 1,000 head of cattle have increased beyond the step-wise amount because these operations frequently cover multiple geographic areas and have more complex organic system plans than smaller operations, which makes the operations more time-consuming and costly to certify.

5. The current rate charged for inspections only covers the actual cost for the inspector’s time based on the current salary and benefits. It does not cover indirect costs associated with the inspection, such as inspector training or specialized or emergency inspections, nor does it allow for inspectors’ future salary and benefit cost increases. By establishing a base inspection fee of $150.00, the Department can defray indirect costs, such as mileage, travel, and pre- and post-inspection review. An increase in the per hour inspection fee to $45.00 enables the program to charge an amount closer to the actual costs of providing services.

6. Because travel is now included in the base inspection fee of $150.00 per inspection, a specific mileage reimbursement provision is not necessary. This increase will also cover the amount currently charged to the Organic Program for mileage and vehicle use. 9.15 Adopted March 11, 2026 – Effective April 30, 2026 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to the Commissioner’s authority under the Organic Certification Act, § 35-11.5- 104, C.R.S.

7. Increasing certification and inspection fees in order to fund all direct and indirect costs of the administration and implementation of the Colorado Department of Agriculture’s (“Department’s”) Organic Certification Program.

8. The certification and inspection fees were last updated in 2019. Since then, inflation and cost-of-living rates have increased and, thus, the current certification and inspection fees are no longer covering the cost of providing certification services. Therefore, the Department must increase these fees to cover the cost of providing those services.

9. The proposed amendments increase all fees identified in the rules by 3.5%.

Specifically, these amendments increase the base certification fee described in

Part 3.02 to $517.50; increase all scoping fees described in Parts 3.02(a) – (e) by that same 3.5% percentage; increase the flat-rate inspection fee described in

Part 3.04(a) to $155.25 per inspection; and increase the per hour inspection fee described in Part 3.04(b) to $46.58 per hour. This 3.5% increase is consistent with the annual inflation rate published by the Office of State Planning and Budgeting.

Editor’s Notes

History Entire rule eff. 05/30/2009.

Rules 1-4, 9.13 eff. 01/30/2011.

Rules 2, 3, 5, 9.14 eff. 07/30/2019.

Rule 3.02, 3.04,3.05, 9.15 eff. 04/30/2026.

8 CCR 1203-10 ADMINISTRATION AND ENFORCEMENT OF THE WEED FREE FORAGE CROP CERTIFICATION ACT (Recodified as 8 CCR 1206-3 eff. 07/30/2013) {#sec-8-ccr-1203-10 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-10}

DEPARTMENT OF AGRICULTURE

Plant Industry Division ADMINISTRATION AND ENFORCEMENT OF THE WEED FREE FORAGE CROP CERTIFICATION ACT - (Recodified as 8 CCR 1206-3)

8 CCR 1203-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Rules 6:00, 10.06 eff. 05/30/2009.

Entire rule recodified as 8 CCR 1206-3 eff. 07/30/2013.

8 CCR 1203-12 WATER QUALITY CONTROL CONCERNING AGRICULTURAL CHEMICALS AND GROUND WATER [Repealed eff. 05/01/2006] {#sec-8-ccr-1203-12 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-12}

DEPARTMENT OF AGRICULTURE

Plant Industry Division WATER QUALITY CONTROL CONCERNING AGRICULTURAL CHEMICALS AND GROUND WATER - Repealed eff. 05/01/2006 8 CCR 1203-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 04/30/2006 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1203-13 Quarantine for Late Blight {#sec-8-ccr-1203-13 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-13}

DEPARTMENT OF AGRICULTURE

QUARANTINE FOR LATE BLIGHT

8 CCR 1203-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. DEFINITIONS 1.1. “Certificate” means any federal/state, state or other inspection certificate accepted by the government of origin. 1.2. “Certified” means certified seed as defined in § 35-27-103(3) certified by a certifying agency as defined in § 35-27-103(4), C.R.S., or certified seed certified by a government of origin. 1.3. “Commissioner” means the Commissioner of the Colorado Department of Agriculture, or the Commissioner's designee. 1.4. “CPAC” means the Colorado Potato Administrative Committee, Area II. 1.5. “Culls” means any forms of waste and off-grade potatoes, including volunteer plants. 1.6. “Department” means the Colorado Department of Agriculture. 1.7. “Grow room” means a room of any size where seed potatoes and/or other plants are grown under controlled conditions. 1.8. “Import” means to ship into the San Luis Valley from any state or country. 1.9. “Inspection” means an inspection performed at the place of origin by an inspector. 1.10. “Inspector” means a qualified fruit and vegetable inspector who is licensed by the United States Department of Agriculture, Agricultural Marketing Service or an inspector who meets all qualifications, licensure or other requirements of the country of origin. 1.11. “Late blight” means the fungus Phytophthora infestans. 1.12. “Load” means the quantity of seed potato lot(s) that can be carried at one time by a specified means. 1.13. “Lot” means an identifiable group of seed potatoes that share characteristics, including, but not limited to, variety or experimental number, and that have been produced under essentially the same conditions; there can be, and often are, multiple lots per load of seed potatoes. 1.14. “Nuclear seed stock” means disease-tested, certified seed potatoes produced in a greenhouse or grow room. 1.15. “Person” means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity. 1.16. “Quarantine” means the quarantine for late blight imposed by the Commissioner of Agriculture effective September 30, 1996. 1.17. “Reinspection” means an inspection conducted by the Commissioner after the potatoes have been shipped from the area of origin to Colorado. 1.18. “Repack” means potatoes imported into the San Luis Valley for packaging. 1.19. “San Luis Valley” means the Colorado counties of Rio Grande, Saguache, Alamosa, Conejos, Costilla and Chaffee. 1.20. “Seed potatoes” means potato tubers or portions thereof utilized as seed. 1.21. “Seedling mini-tubers” means mini tubers derived from true potato seed. 1.22. “Tested or Testing” means performed or performing a scientifically accepted protocol to detect the presence of a specific plant pathogen.

Part 2. QUARANTINE FOR LATE BLIGHT 2.1. Imported Seed Potatoes 2.1.1. A quarantine is imposed against seed potatoes imported into the San Luis Valley.

Pursuant to said quarantine, seed potatoes may be imported into the San Luis Valley under the terms and conditions set forth in Parts 2.1.2 through 2.1.5. 2.1.2. Imported seed potatoes shall be certified and accompanied by 1) a certificate which shows proof of field inspection, 2) a North American Plant Health Certificate (“NAPHC”) issued by the certifying authority for seed potatoes where the seed potatoes were grown, and 3) laboratory results of a 21-day incubation bioassay test documenting that a representative sample of tubers (at least 400) from the lot(s) was tested for late blight. 2.1.2.1. For nuclear seed stock, the NAPHC may be used as the field inspection document if the greenhouse visual observations and dates of those observations are recorded on the NAPHC. Otherwise, an additional document must be presented that indicates the dates of and all relevant information observed during each visual observation made while the nuclear seed stock was growing in the greenhouse or grow room. 2.1.2.2. Nuclear seed stock no older than mini-tubers that originates within Colorado and is part of the seed potato certification program may have a sample size of at least 5 tubers sent to the Colorado Potato Certification Service Disease Laboratory for late blight testing. 2.1.2.3. Nuclear seed stock no older than mini tubers of any size lot that originates outside of Colorado must have laboratory test results as required in Part 2.1.2. prior to entering the San Luis Valley; however, the numbers of tubers tested may be less than 400 tubers provided the sample is representative of the lot and provided it includes a minimum of 5 tubers. 2.1.2.4. Small lots of seed potatoes intended for research and development must be accompanied by the documents described in Part 2.1.2. when those potatoes enter the San Luis Valley. However, the number of tubers tested may be less than 400 tubers provided the sample is representative of the lot and provided it includes a minimum of 5 tubers. 2.1.3. If the field inspection certificate, NAPHC, or the laboratory test results indicates that late blight was present during growing or loading, or no statement is made on the field inspection certificate or on the NAPHC concerning the presence or absence of late blight, the lot(s) to which said certificates pertain shall not be unloaded, and, pursuant to § 35-4- 109, shall be removed from the state within forty-eight (48) hours or shall be destroyed by the Commissioner. 2.1.4. Subject to Part 2.1.2.1., any lot(s) that are not accompanied by afield inspection certificate, an NAPHC and laboratory test results shall not be unloaded, and, if any or all certificates cannot be produced within forty-eight (48) hours, pursuant to § 35-4-109, shall be removed from the state within forty-eight (48) hours or shall be destroyed by the Commissioner. 2.1.5. Subject to Part 2.1.2.1., if the field inspection certificate, NAPHC, and the laboratory test results indicate that no late blight was present during the growing, loading, or testing, the lot(s) to which said certificates pertain shall be reinspected during the unloading process.

Except for nuclear seed stock, for which only a review of records for compliance with Part 2.1.2.1. is required, and except for seedling mini-tubers derived from true potato seeds for which only a visual inspection of 100% of the lot(s) for compliance with Part 2.1.2.1. is required. Random sampling of the lot(s) shall be taken and any tubers showing symptoms of late blight shall be tested. Any lot(s)showing symptoms of late blight shall be placed in a bin and held at the place where reinspection occurred, or they shall be placed in a truck owned by the receiver of said lot(s) and held at the place where reinspection occurred, pending results of testing. If late blight is confirmed by testing, the lot(s)must be removed from the state or destroyed within seventy-two (72) hours. 2.2. Transportation 2.2.1. From June 1 to September 10 of each year: 2.2.1.1. All cull potatoes must be transported in a vehicle that is constructed and tarped or covered to prevent any potatoes from escaping and minimize the potential for spores to escape. 2.2.1.2. Any potato shipments imported from outside the San Luis Valley must be transported in a vehicle that is constructed and tarped or covered until the shipment is unloaded to prevent any potatoes from escaping and minimize the potential for spores to escape. 2.3. Cull Management 2.3.1. If culls are made permanently nonviable by chemical or mechanical means prior to leaving the storage, processing or packing facility, no further management is required. 2.3.2. If culls are not processed as set forth in Part 2.3.1, one of the following management measures shall be used: 2.3.2.1. From June 1 through September 10 of each year, All cull potatoes shall be destroyed within seventy-two (72) hours utilizing one of the methods set forth below: 2.3.2.1.1. Composting, under the following conditions: 2.3.2.1.1.1. Any person who intends to use composting as a means 2.3.2.1.1.2. Composting, as used herein, is the hot aerobic (oxygen- 2.3.2.1.1.3. Inspections of the composting operation and records will 2.3.2.1.2. Ensiling; 2.3.2.1.3. Processing, such as for starch; 2.3.2.1.4. Burying, if lawful under applicable statutes, rules, or ordinances; or 2.3.2.1.5. Utilizing for livestock feed, under the following conditions: 2.3.2.1.5.1 Within seventy-two (72) hours of receiving the culls, the feeder shall feed the culls or cut, chop, or grind them to make them nonviable; 2.3.2.1.5.2. Culls not fed or processed as described in Part 2.3.2.1.5.1 or culls being stored prior to feeding or processing shall be completely covered with a tarp; 2.3.2.1.5.3. The unprocessed culls shall be consumed within fortyeight (48) hours of feeding; 2.3.2.1.5.4. Any person who intends to utilize culls for animal feed during this time period shall notify the Department of such intent, prior to beginning to feed culls; and 2.3.2.1.5.5. Regular inspections of the feeding operation will be performed by the Department. 2.3.2.2. From September 11 to March 31 of each year, All culls shall be destroyed utilizing one of the methods set forth below: 2.3.2.1. Composting, under the following conditions: 2.3.2.1.1. Any person who intends to use composting as a means 2.3.2.1.2. Composting, as used herein, is the hot aerobic (oxygen- 2.3.2.1.3. Inspections of the composting operation and records will 2.3.2.2. Ensiling; 2.3.2.3. Processing, such as for starch; 2.3.2.4. Burying, if lawful under applicable statutes, rules, or ordinances; 2.3.2.5. Utilizing for livestock feed; 2.3.2.6. Spreading uniformly on the soil surface to a depth no greater than three (3) inches so that the culls are made nonviable by freezing or desiccation; or 2.3.2.7. Treating pursuant to label directions with a pesticide effective for the destruction of volunteer potato plants. 2.3.2.3. From April 1 to May 31 of each year, All culls shall be destroyed utilizing one of the methods set forth below: 2.3.2.3.1. Composting, under the following conditions: 2.3.2.3.1.1. Any person who intends to use composting as a means 2.3.2.3.1.2. Composting, as used herein, is the hot aerobic (oxygen- 2.3.2.3.1.3. Inspections of the composting operation and records will 2.3.2.3.2. Ensiling; 2.3.2.3.3. Processing, such as for starch; 2.3.2.3.4. Burying, if lawful under applicable statutes, rules, or ordinances; 2.3.2.3.5. Utilizing for livestock feed; or 2.3.2.3.6. Treating pursuant to label directions with a pesticide effective for the destruction of volunteer potato plants. 2.4. Producer Reports Any person who plants imported seed potatoes in the San Luis Valley shall report to the Commissioner annually, not later than June 1, the location (section, township and range) where such seed potatoes were planted and not later than October 1, as to whether late blight did or did not appear after planting.

Part 3. RULES PERTAINING TO THE QUARANTINE FOR LATE BLIGHT 3.1. Reinspection 3.1.1. Any person who receives imported seed potatoes shall notify the Department whenever a load of imported seed potatoes arrives. This notification may be accomplished by phoning the Monte Vista or Broomfield, Colorado office of the Department. 3.1.2. Imported seed potatoes shall not be unloaded until authorized by the Commissioner. 3.1.3. The Commissioner shall inspect the certificates for compliance with the provisions of the quarantine. 3.1.4. Loads which do not comply with the provisions of the quarantine shall be sealed by the Commissioner. 3.1.5. Except for nuclear seed stock, for which only a review of records is required, and except for seedling mini-tubers derived from true potato seeds, for which only a visual inspection of 100% of the lot(s) is required, the Commissioner shall take random samples and route the samples for testing as required by the quarantine. 3.1.6. The Commissioner shall insure that loads pending test results are held in a bin or a truck at the site of reinspection, as required by the quarantine. 3.1.7. After reinspection, the Commissioner shall document the presence or absence of visible late blight and the results of testing, if any. 3.2. Investigations The Division of Plant Industry of the Department shall conduct investigations of all alleged violations of the quarantine and these rules. 3.3. Costs 3.3.1. The fees for reinspection shall be on file at the offices of the Colorado Department of Agriculture at Monte Vista and Broomfield, Colorado. These fees shall be applicable when such reinspection occurs during normal business hours, 0800-1700 hours, Monday through Friday, excluding state recognized holidays. 3.3.2. In the event a person requests reinspection outside of normal business hours, that person shall pay all overtime and mileage for the Commissioner's inspector. 3.3.3. Except for the special cost set forth in Part 3.3.2, the cost for all reinspection shall be billed quarterly to CPAC. 3.3.4. The full cost (direct and indirect cost) incurred by the Department for activities associated with investigations conducted pursuant to Part 3.2 shall be billed to CPAC on a quarterly

basis. 3.3.5. The Department shall recover all legal costs from CPAC incurred as a result of promulgating, implementing, and enforcing the quarantine and these rules at the rate charged by the Department of Law to the Department for legal services. CPAC shall be billed quarterly for any such legal costs.

Part 4. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 4.1. July 31, 1996 – Effective September 30, 1996 This quarantine is imposed pursuant to the Pest Control Act, § 35-4-110, C.R.S. (1995) and HB 96-1018.

The Commissioner of Agriculture finds as follows:

1. Throughout most of the year, Colorado ranks second in the nation in number of shipments of fresh-pack potatoes. The San Luis Valley of the state has approximately 77,000 acres devoted to the production of potatoes, producing 23,808,000 cwt (1,190,400 tons) of potatoes with a market value of $132,134,000.

2. The potato industry is the number one agricultural industry in the San Luis Valley.

3. Late blight, Phytophthora infestans, is a fungus that is among the most devastating of all plant diseases. All portions of the plant are susceptible. Late blight is commonly recognized as the Irish potato famine fungus.

4. The San Luis Valley is free of late blight.

5. Late blight is epidemic in North America and no other potato production area outside of Colorado is free of late blight.

6. Late blight spores are dramatically explosive and the subsequent disease can destroy whole fields of plants in a remarkably short time. Under favorable conditions, a potato field that had mild and scattered lesions in one week can be nearly destroyed the next week.

7. An exact measure of the actual economic damage from late blight in areas of similar conditions of climate and natural habitat is not yet available, but the cost of protecting a potato field or treating an infected potato field with fungicide throughout a growing season is $200 to $250 per acre.

8. Late blight kills the foliage of the potato plant and the spores find their way into the soil and cause rot in the plant tuber. The spores may be present in fresh potatoes or, after harvesting, in potatoes in storage.

9. Importation of seed potatoes infected with late blight would likely result in the introduction of late blight to the potato crops in the San Luis Valley.

10. Introduction of late blight to the potato crops in the San Luis Valley would cause irreparable economic injury to the potato producers in the San Luis Valley.

A quarantine is thus declared against the importation of seed potatoes into the San Luis Valley, unless such seed potatoes are certified and inspected as late blight free.

Sources for this information are: “Colorado Potato Situation and Outlook Report” and “Potato Late Blight Management Plan for Colorado,” Dr. Richard T. Zink, Extension Potato Specialist, Colorado State University; “Re-emergence of the Irish Potato Famine Fungus,” W. E. Fry and S. B. Goodwin, Plant Pathology Department, Cornell University; “Colorado Agricultural Statistics 1995 Annual Report,” Colorado Agricultural Statistics Service.

Rules Pertaining to the Quarantine for Late Blight Statement of Basis and Purpose The rules are adopted pursuant to the Pest Control Act, § 35-4-110 and 116, C.R.S. (1995) and HB 96- 1018.

The purposes of these rules are to enforce the provisions of the quarantine for late blight, to recover the actual costs to offset the cash funds expended for services performed by the Commissioner in imposing the quarantine and to specify how such actual costs shall be recovered. 4.2. May 29, 1997 – Effective July 30, 1997 This amendment to the quarantine is made pursuant to the Pest Control Act, § 35-4-110, C.R.S. (1995 and 1996 Supp.).

Section 4.00 concerning producer reports is amended to make the reports received by the Commissioner more complete and useful. Requiring reporting of the location where imported seed potatoes are planted will facilitate detection of late blight should it occur in fields planted with imported seed potatoes. 4.3. April 8, 1999 – Effective May 30, 1999 The amendments to the quarantine are adopted pursuant to the Pest Control Act, § 35-4-110, C.R.S.

(1998).

The purpose of these amendments is to enforce the provisions of the quarantine for late blight by further defining cull management to decrease any opportunity for late blight spore transmission. 4.4. April 16, 2009 – Effective May 30, 2009 The amendments to the quarantine and rules are adopted pursuant to the Pest Control Act, § 35-4-110, C.R.S. (2008).

The purpose of these amendments is to enforce the provisions of the quarantine for late blight by:

1. restricting the timeframe to June 1 through September 10 when cull potatoes must be tarped or covered when being transported;

2. clarifying that cull potatoes must be tarped or covered as opposed to using other methods to prevent potatoes or spores from potatoes from escaping when being transported; and 3) requiring all potatoes being imported into the San Luis Valley be tarped or covered between June 1 and September 10 to prevent spores or potatoes from escaping when being transported.

3. Non-substantive typographical or numbering errors are corrected to clarify the rule and remove duplicate language and definitions.

The factual and policy issues encountered in the proposal of this amendment to the quarantine are as 1) The critical time period when late blight can be transferred from potatoes being transported to the current potato crop is during the growing season. The growing season for potatoes in the San Luis Valley is June 1 through September 10. Potatoes being transported outside of this time frame would have minimal or no opportunity to infect the current crop with late blight, so restrictions are not needed outside of this time.

2. The current quarantine provides several methods to prevent potatoes from falling off trucks or spores from being blown off the truck during transport. Some of these methods such as “loading the truck to prevent this” are ambiguous and difficult to enforce. This change will make the quarantine specific so that the potatoes must be tarped or covered to meet the requirements.

3. Potatoes being imported into the San Luis Valley pose a threat of infecting the potato crop with late blight. This could be done by infected potatoes falling off the truck or spores escaping from the truck. To prevent this, trucks carrying imported potatoes must be covered or tarped. The only period when late blight could be transferred from potatoes being transported is during the growing season when potato plants are in the field. Therefore the restriction only needs to be in place between June 1 and September 10.

The purpose of these amendments is to enforce the rules pertaining to the quarantine for late blight:

1. correcting the contact information of the Department for notifications and when requesting reinspection.

The factual and policy issues encountered in the proposal of this amendment to the rules pertaining to the quarantine for late blight are as follows:

1. The phone numbers for the Department have changed. In addition, the Fruit and Vegetable Inspection Service within the Department is performing reinspections. This will allow the person to call either office. 4.50. November 12, 2013 – Effective December 30, 2013 The amendments to the quarantine are adopted pursuant to the Pest Control Act, § 35-3-110, C.R.S.

(2013).

The purpose of these amendments is to enforce the provisions of the quarantine for late blight by:

1. Adding a requirement in 2.00 B that both a North American Plant Health Certificate accompany any seed potatoes imported into the San Luis Valley to document that field inspections were performed and that the lot is free from late blight.

2. Adding to 2.00 C the authority to deny unloading of any load of seed potatoes into the San Luis Valley if either the North American Plant Health Certificate or the laboratory test results indicate that late blight was present during growing, storage or loading of the load.

3. Adding to 2.00 D the authority to deny unloading of any load of seed potatoes into the San Luis Valley if either the North American Plant Health Certificate or the laboratory test results does not accompany the load.

4. Adding to 2.00 E the requirement to reinspect any load if the North American Plan Health Certificates or the laboratory test results indicate that no late blight was present during the growing, loading, or testing of the load.

5. Changing the interval at which CDA will bill CPAC to reflect what is currently being done.

The factual and policy issues encountered in the proposal of this amendment to the quarantine are as 1) In some instances a field inspection report does not represent the complete field inspection information on the lot. This is the case when more than one field is aggregated into one lot. The North American Plant Health Certificate should provide the disease findings of all field inspections for each lot.

2. The North American Plant Health Certificate had not been developed at the time the Late Blight Quarantine was initially adopted in 1995, therefore it could not be required at that time. In addition, the recently implemented Seed Potato Act and associated rules requires imported seed into Colorado to have a North American Plant Health Certificate. Therefore requiring this document places no further burden on the producer, as they must have this document for Seed Potato Act compliance.

3. The Department has been billing CPAC on a quarterly basis for past several years. Quarterly billing rather than monthly billing is more efficient for both CDA and CPAC. 4.6. Adopted November 8, 2017 – Effective December 30, 2017 The amendments to the quarantine are adopted pursuant to the Pest Control Act, § 35-4-110,(1), (2) and (3), C.R.S.

The purpose of these amendments is to enforce the provisions of the quarantine for late blight by:

1. Clarifying the laboratory test required in 2.1.2 for incoming seed potatoes is a 21-day bioassay using at least 400 tubers. And clarifying that small lots of seed potatoes still need the late blight testing as required in Part 2.1.2 but can be less than 400 tubers as long as it is representative of the lot and a minimum of 5 tubers.

2. Clarifying the laboratory test required in 2.1.2 for incoming nuclear seed potatoes is a 21-day bioassay but the sample size may be smaller than 400 tubers for small lots but must be at least 5 tubers.

3. Update numbering system to make this Rule consistent with other Department Rules.

The factual and policy issues encountered in the proposal of this amendment to the quarantine are as 1. The quarantine is currently nonspecific with regard to the required laboratory test for late blight and also the number of tubers that must be tested. New laboratory testing techniques have been developed since the late blight Quarantine became effective in 1996, but after talking with authorities in the field such as Amy Chartkowski at CSU it was determined that the 21-day bioassay is still the best testing procedure for late blight. So we felt like this needed to be specified to meet the requirements of the quarantine. Also it must be clear how many tubers, at a minimum, must be tested.

2. In small lots of seed potatoes, which are typically nuclear stock, 400 tubers may be all or a substantial portion of the lot. The quarantine needs to allow for fewer tubers to be tested but still allow for the test to be representative of the lot to protect against late blight. 5 tubers is the minimum that would be representative. Also, it has been decided that nuclear stock no older than mini-tubers that originate within Colorado from the labs that are already part of the potato certification program pose no threat of late blight and should be allowed to send a sample size of no fewer than 5 tubers to the Colorado Potato Certification Service Disease Laboratory for late blight testing. Nuclear seed stock of any size that originates outside of Colorado must have the late blight testing as required in 2.1.2 prior to entering the San Luis Valley, however the number of tubers tested may be less than the 400 tubers as long as it is representative of the lot and no less than 5 tubers. 4.7. Adopted February 13, 2019 – Effective March 30, 2019 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to §§ 35-4-110 and 35-4-116, C.R.S.

Purpose The purpose of this rulemaking is to clarify terms; add definitions; clarify certificate inspection requirements; eliminate the exemption from reinspection for incoming nuclear stock, but providing only for a limited reinspection; clarify that seedling mini-tubers derived from true potato seeds are subject to a 100% visual inspection of all lot(s) upon entering the San Luis Valley; clarify the requirements of the quarantine; consolidate provisions on documentation of different potatoes; and update references to the Departments location.

Specific changes are listed below:

1. Clarifying the name for the laboratory test called for in Part in 2.1.2.

2. Defining and substituting, as necessary, the terms “Load” and “Lot” to avoid confusion, as well as revising the definition of “nuclear seed stock.”

3. Defining the terms “Grow Room” and “seedling mini-tubers”

4. Clarifying that the reference to “certificate” in Parts 2.1.3. through 2.1.5. means a field inspection certificate.

5. Establishing that nuclear seed stock will not need to be accompanied by a traditional “field inspection certificate” so long as the North American Plant Health Certificate (“NAPHC”) or other similar document is presented and includes greenhouse observations.

6. Eliminating the exemption from reinspection for incoming nuclear seed stock, but providing only for a limited reinspection that consists of a records review to prove freedom from late blight and seed potato certification status.

7. Clarifying that the requirements of the late blight quarantine apply to seed potatoes coming into the San Luis Valley for research and development purposes, but requiring that seedling minitubers derived from true potato seed only be subject to a visual inspection of all lot(s) upon entering the Valley.

8. Consolidating provisions of the quarantine that discuss which documents are required for which potatoes at what time and making the language in Parts 2.1.2.2. and 2.1.2.3. consistent.

9. Updating the quarantine to reference the Department’s current location in Broomfield, Colorado.

10. Correcting non-substantive grammatical errors and numbering conventions for clarity.

Factual and Policy Issues 1. Through conversations with multiple state certification services, the Department learned that different states refer to the 21-day bioassay test in one of two ways: either as a 21-day bioassay test or as a 21-day incubation test. The revised rule clarifies that both references are to the same test by calling it a “21-day incubation bioassay.”

2. While enforcing the quarantine, the Department learned that confusion existed in the regulated community with respect to requirements by load versus requirements by lot. The revised rules clarify that the requirement to have a field inspection certificate, NAPHC, and test results showing freedom from late blight applies to each lot of seed potatoes entering the San Luis Valley (“Valley”), even when multiple lots are in a single load.

3. Since the late blight quarantine was first established, nuclear seed stock production has become more prevalent. Nuclear seed stock are no longer produced in greenhouses only; such stock are also produced in “grow rooms” with artificial lighting. In addition, the revised rules clarify that nuclear seed stock will not need to be accompanied by a traditional “field inspection certificate” because nuclear seed stock are typically produced in a greenhouse or grow room. However, greenhouse or grow room observations are critical and so must be included on the NAPHC or on a similar document for nuclear seed stock.

4. To date, nuclear seed stock were not subject to the reinspection requirements of the quarantine; however, such stock still needed to be accompanied by the NAPHC, lab results showing freedom from late blight, and visual greenhouse observations prior to entering the Valley. The Department discovered that imported nuclear seed stock often entered the Valley without the required documents and that the lack of such records could be identified if nuclear seed stock were reinspected during the unloading process. Therefore, the revised rules eliminate the exemption for nuclear seed stock from reinspection during the unloading process and institute a limited reinspection requirement consisting of only a records review for compliance with Part 2.1.2.1.

5. The Department has also learned that seed potatoes coming into the Valley for research and development purposes often lack the required records and late blight test results. Therefore, the revised rules confirm that seed potatoes imported into the Valley for research and development purposes are not exempt from the late blight quarantine. However, for seedling mini-tubers derived from true potato seed there are hundreds of potential varieties made from the potato seeds, and, therefore, no paperwork is initiated at this point in the breeding process. The Department has learned that this group of mini-tubers poses an even smaller risk of infestation by late blight and so will allow only a visual inspection of the seedling mini-tubers, provided that 100 % of all lot(s) imported into the Valley are inspected.

6. The Department learned that confusion exists in the industry concerning which documents are required for which potatoes at what time. This confusion possibly stemmed from the discussion of these requirements in two different parts of the quarantine. Therefore, the revised rules combine

Part 2.1.6. into Part 2.1.2. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/30/2009.

Parts 2.10, 3.30.C, 4.50 eff. 12/30/2013.

Entire rule eff. 12/30/2017.

Entire rule, Part 4.7 eff. 03/30/2019.

8 CCR 1203-14 Rules Pertaining to the Pest Control Act Inspections and Federal Agreements {#sec-8-ccr-1203-14 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-14}

DEPARTMENT OF AGRICULTURE

Plant Industry Division RULES PERTAINING TO THE PEST CONTROL ACT INSPECTIONS AND FEDERAL AGREEMENTS 8 CCR 1203-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE

The rules are adopted pursuant to the Pest Control Act, §§ 35-4-111, 113 and 116, C.R.S. (1995) and HB 96-1018.

The purposes of these rules are to define the inspection requirements pertaining to certificates of inspection issued pursuant to § 35-4-111, to conduct inspections and monitor compliance with the federal/state agreement concerning post-entry quarantine as set forth in § 35-4-113 and to recover the actual costs of the State pursuant to that agreement.

Factual issues encountered when developing these rules include:

A post-entry quarantine is required by the Federal “Plant Quarantine Act of 1912,” 7 USC 154, as amended, and the rules and regulations thereto, 7 CFR 319.37, promulgated by the U. S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine (“APHIS”).

APHIS has developed a Postentry Quarantine Agreement (PPQ Form 546) to be executed by the importer of plant products. The Colorado Department of Agriculture (“Department”) and APHIS will enter into a Memorandum of Understanding, outlining the roles and responsibilities of the Department in inspecting and monitoring compliance with the post-entry quarantine. 1.00 Inspections and Certificates Pursuant to§ 35-4-111 A. Definitions:

1. “Commissioner” means the Commissioner of Agriculture.

2. “Inspector” means the Commissioner or an employee of the Colorado Department of Agriculture.

B. Inspection Requirements The following inspection requirements shall be met prior to issuance by the Commissioner of Agriculture of a certificate and prior to release of inspected crops, plant material or other articles:

1. The inspected crops, plant material or other articles shall be free from pests, as defined in § 35-4- 102(6), C.R.S. (1995).

2. The owner or bailee who requested an inspection shall allow the inspector right of entry to any premises, land, buildings, or other places of business where inspected crops, plant material or other articles are growing, were grown or are stored, as set forth in § 35-4-112, C.R.S. (1995). 2.00 Post-Entry Quarantine Pursuant to § 35-4-113 A. Definitions:

3. “Agreement” means the post-entry quarantine growing agreement identified in § 35-4-113 which is PPQ Form 546, the Agreement for Postentry Quarantine as developed by the U. S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine.

4. “Inspector” means the Commissioner of Agriculture or an employee of the Colorado Department of Agriculture.

5. “Grower” means one who has executed an Agreement or the owner of Material at the specified growing site.

6. “Growing site” is the actual location where Material will be grown.

7. “Material” means the plant or plants specified in the Agreement or for which an Agreement is required.

B. Inspection of Growing Site The Grower shall permit the inspector to have access to the Growing site for inspection during regular business hours.

C. Cost of the Inspection 1. The fees for inspection shall be posted at the Department of Agriculture, Plant Industry Division in Lakewood, Colorado.

2. The Grower shall pay the fees for inspection within 30 days after billing. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1203-15 RULES PERTAINING TO THE COLORADO NOXIOUS WEED ACT [Repealed eff. 05/03/2004] {#sec-8-ccr-1203-15 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-15}

DEPARTMENT OF AGRICULTURE

Plant Industry Division RULES PERTAINING TO THE COLORADO NOXIOUS WEED ACT - Repealed eff. 05/03/2004 8 CCR 1203-15 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Rules 1 to 3 repealed 02/11/04 (moved to 8 CCR 1203-19), EFFECTIVE 05/03/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1203-16 QUARANTINE AGAINST IMPORTATION OF SYMPTOMLESS CARRIERS OF PEACH MOSAIC INTO MESA COUNTY COLORADO [Repealed eff. 03/30/2016] {#sec-8-ccr-1203-16 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-16}

DEPARTMENT OF AGRICULTURE

Plant Industry Division QUARANTINE AGAINST IMPORTATION OF SYMPTOMLESS CARRIERS OF PEACH MOSAIC INTO MESA COUNTY COLORADO - Repealed eff. 03/30/2016 6 CCR 1203-16 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose Adopted February 10, 2015-Effective March 30, 2016 Statutory Authority These amendments to the rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under § 35-4-110 C.R.S of the Colorado Pest Control Act.

Purpose The purpose of this permanent rule amendment is to repeal the Rules currently published at 8 CCR 1203- 16 in their entirety.

Factual and Policy Issues 1. The California Department of Food and Agriculture eliminated their quarantine against the peach mosaic virus in 2015. This prompted the Colorado Department of Agriculture staff to request a review of this Rule be conducted by Colorado State University. Dr. Jane Stewart reviewed current scientific literature and California’s decision to cease their quarantine against peach mosaic virus.

2. Peach mosaic is a low risk pathogen to Colorado peaches and therefore cessation of quarantine will not increase the threat of peach mosaic in Colorado due to the following factors:

A. Pathologists from the University of California, Davis, University of California Riverside and Colorado State University have not observed the peach mosaic in orchards for over 50 years in their respective states. In Colorado, three infected trees were recovered in 1991, but no trees have been identified since that time.

B. The mite, Eriophyes insidiosus (peach bud mite) is not an efficient vector. A study conducted in 1998 found that a single mite had at most a peach mosaic transmission rate of 17% (gispert et al. 1998, Plant Disease).

C. Prunus certification is completed in California and likewise in Colorado. Therefore, checks for peach mosaic could be conducted during the Prunus certification process.

Published polymerase chain reaction primers currently exist for peach mosaic, so testing either plant material or the vector could be amended to the current Prunus certification process.

Plant Industry Division _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 03/30/2016.

8 CCR 1203-17 RULES PERTAINING TO THE QUARANTINE AGAINST IMPORTATION OF SYMPTOMLESS CARRIERS OF PEACH MOSAIC INTO MESA COUNTY COLORADO [Repealed eff. 07/30/2016] {#sec-8-ccr-1203-17 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-17}

DEPARTMENT OF AGRICULTURE

Plant Industry Division RULES PERTAINING TO THE QUARANTINE AGAINST IMPORTATION OF SYMPTOMLESS CARRIERS OF PEACH MOSAIC INTO MESA COUNTY - Repealed eff. 07/30/2016 8 CCR 1203-17 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose Adopted June 8, 2016-Effective July 30, 2016 Statutory Authority The deletion of this Rule is proposed by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under section 35-4-110 C.R.S. of the Colorado Pest Control Act.

Purpose The purpose of this permanent rule amendment is to repeal the Rules currently published at 8 CCR 1203- 17 in their entirety.

Factual and Policy Issues 1. On February 10, 2016 8 CCR 1203-16, Rules Pertaining to “Quarantine against Importation of Symptomless Carriers for Peach Mosaic into Mesa County, Colorado” were repealed in their entirety.

2. 8 CCR 1203-17, is a companion Rule to 8 CCR 1203-16 which outlines cost recovery for enforcement actions mandated in 8 CCR 1203-16.

3. Since 8 CCR 1203-16 was previously repealed, 8 CCR 1203-17 in no longer needed. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 07/30/2016.

8 CCR 1203-18 Quarantine and Rules Against the Importation of Prunus Species Into the San Luis Valley {#sec-8-ccr-1203-18 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-18}

DEPARTMENT OF AGRICULTURE

Plant Industry Division QUARANTINE AND RULES AGAINST THE IMPORTATION OF PRUNUS SPECIES INTO THE SAN LUIS VALLEY 8 CCR 1203-18 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Quarantine Effective May 3, 2004, a Quarantine is hereby imposed against the importation into Alamosa, Conejos, Costilla, Rio Grande and Saguache Counties of Colorado of all plant material of the genus Prunus except for the following species:

Prunus besseyi Prunus cistena Prunus glandulosa Prunus maackii Prunus tomentosa Prunus triloba Prunus virginiana 2.00 Definitions 2.1. “Commissioner” means the Commissioner of the Colorado Department of Agriculture, or the Commissioner's designee. 2.2. “CPAC” means Colorado Potato Administrative Committee, Area II 2.3. “Department” means the Colorado Department of Agriculture. 2.4. “Import” means to ship or transport into the San Luis Valley from any county, state or country. 2.5. “Prohibited material” means any species of the genus Prunus. 2.6. “Prunus species” means all species of the genus Prunus. 2.7. “Quarantine” means the Quarantine against importation of Prunus species into Alamosa, Conejos, Costilla, Rio Grande, and Saguache Counties, Colorado, imposed May 3,2004. 2.8. “San Luis Valley” means the Colorado counties of Rio Grande, Saguache, Alamosa, Conejos, and Costilla. 3.00 Enforcement 3.1. Any person who has reason to believe that prohibited material will be or has been shipped into the San Luis Valley, Colorado may notify the Department, Division of Plant Industry. This notification may be accomplished by phoning (303) 239-4142 or (303) 239-4153. 3.2. The Commissioner shall inspect all entities in the San Luis Valley holding a nursery registration at least once annually to determine compliance with the Quarantine. 3.3. The Commissioner shall, conduct all investigations of the alleged violations of the Quarantine. 3.4. Pursuant to § 35-4-109, C.R.S. (2003), any shipment of prohibited material found by the Commissioner to be in violation of the Quarantine shall be removed from the San Luis Valley, Colorado within forty-eight (48) hours or it shall be destroyed by the Commissioner 4.00 Costs 4.1. The full cost (direct and indirect cost) incurred by the Department for activities associated with inspections, investigations, enforcement and destruction of prohibited materials pursuant to Part 3 above shall be billed to the CPAC on a quarterly basis. 4.2. The Department shall recover all legal costs from the CPAC incurred as a result of promulgating, implementing, and enforcing the Quarantine and these Rules at the rate charged by the Department of Law to the Department for legal services. The Colorado Potato Administrative Committee shall be billed quarterly, through their designated representative, for any such legal costs. 5.00 Statements of Basis and Purpose 5.1. February 11, 2004 - Effective May 3, 2004 Statutory Authority This Quarantine and associated rules are imposed pursuant to the Pest Control Act, §§ 35-4-110 and 116, C.R.S. (2003).

Purpose The purpose of this Quarantine is to protect the potato fields in Alamosa, Conejos, Costilla, Rio Grande and Saguache counties against the over wintering host of the primary aphid vector of certain viral diseases that affect potatoes. The purposes of these Rules are to enforce the provisions of the Quarantine against the importation of Prunus species into Alamosa, Conejos, Costilla, Rio Grande and Saguache Counties, Colorado, to recover the actual costs to offset the cash funds expended for services performed by the Commissioner in imposing the Quarantine, and to specify how such actual costs shall be recovered.

Factual Findings The Commissioner of Agriculture finds as follows:

1. Approximately 75,000 acres in Alamosa, Conejos, Costilla, Rio Grande and Saguache Counties in Colorado are planted annually to produce potatoes.

2. Viral diseases affecting potatoes have cost producers in the San Luis Valley up to $4 million per year.

3. Vector-borne viral diseases such as potato leaf roll virus (PLRV) and potato virus Y (PVY) carried by the Green Peach Aphid (Myzus persicae) are economically very damaging viral diseases.

4. PLRV infection of potatoes can have serious effects on yield and quality in certain varieties, especially Russet Norkotah. Over 50 percent of the commercial potato acres in the San Luis Valley are currently planted to Russet Norkotah.

5. Prunus species, primarily plum trees, are the primary over wintering host of green peach aphid in the San Luis Valley.

6. The Colorado Potato Administrative Committee along with Agro Engineering, Inc., has been conducting a monitoring and suppression program of the green peach aphid in the Valley for over seventeen years. This program involves monitoring aphid populations, mapping Prunus species, removing Prunus species from private landowner properties, and spraying Prunus species with insecticide to reduce or eliminate over wintering green peach aphid populations. Even with these activities in place, the 2003 certified seed potato program had the fourth highest rejection level for PLRV and the third highest rejection level for PVY in the last 35 years.

7. By preventing new Prunus species from being planted in the San Luis Valley from this point forward, along with other eradiation efforts of current Prunus species, over time this should eliminate all over wintering hosts of the green peach aphid. These activities should effectively eradicate the green peach aphid from the San Luis Valley and greatly reduce the financial impact of viral diseases on potatoes.

8. The absence of a Quarantine to protect Alamosa, Conejos, Costilla, Rio Grande and Saguache County, Colorado potato fields against the over wintering host of viral diseases increases the risk of infection and presence of these costly diseases. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1203-19 ADMINISTRATION AND ENFORCEMENT OF THE COLORADO NOXIOUS WEED ACT (Recodified as 8 CCR 1206-2 eff. 05/30/2006) {#sec-8-ccr-1203-19 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-19}

DEPARTMENT OF AGRICULTURE

Plant Industry Division ADMINISTRATION AND ENFORCEMENT OF THE COLORADO NOXIOUS WEED ACT (Recodified as 8 CCR 1206-2)

8 CCR 1203-19 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 05/30/2006 Repealed effective 05/30/2006 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1203-20 RULES AND REGULATIONS PERTAINING TO THE PRODUCTION OF STRAWBERRY NURSERY STOCK [Repealed eff. 03/30/2013] {#sec-8-ccr-1203-20 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-20}

DEPARTMENT OF AGRICULTURE

Plant Industry Division RULES AND REGULATONS PERTAINING TO THE PRODUCTION OF STRAWBERRY NURSERY STOCK - Repealed eff. 03/30/2013 8 CCR 1203-20 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Adopted February 15, 2013 – Effective March 30, 2013 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 § 35-1-104(1)(aa.2), C.R.S.

The purpose of the proposed rule amendment is as follows:

1. To delete in their entirety.

Factual and Policy Basis Issues The factual and policy issues encountered when developing this rule change:

1. The strawberry nursery stock production industry has not materialized as anticipated when these rules were initially developed. Two farmers in the San Luis Valley initially were involved in this industry. Neither is currently growing strawberry nursery stock and they do not intend to in the future. No other farmers have entered the industry. Dr. Robert Davidson at the Colorado State University San Luis Valley Research Center has stated that he does not anticipate the need for these rules in the foreseeable future. He was a strong proponent of the rules when they were developed. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 03/30/2013.

8 CCR 1203-21 Quarantine Imposed Against All Life Stages of the Japanese Beetle (popillia Japonica) and Hosts or Possible Carriers of Japanese Beetle Pursuant to the Colorado Pest Control Act {#sec-8-ccr-1203-21 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-21}

DEPARTMENT OF AGRICULTURE

QUARANTINE IMPOSED AGAINST ALL LIFE STAGES OF THE JAPANESE BEETLE (POPILLIA

JAPONICA) AND HOSTS OR POSSIBLE CARRIERS OF JAPANESE BEETLE PURSUANT TO THE

COLORADO PEST CONTROL ACT

8 CCR 1203-21 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Quarantine Established A quarantine is hereby established pursuant to section 35-4-110 C.R.S. of the Colorado Pest Control Act against the pest known as Japanese beetle (Popillia japonica) a member of the family Scarabaeidae. In the larval stage this pest feeds on the roots of many plants and in the adult stage feeds on the flowers, foliage and fruit of many plants.

Part 2. Applicability of this Quarantine 2.1. This quarantine applies to all persons: 2.1.1. Who import into Colorado any commodity covered in Part 4 from any of the areas under quarantine specified in Part 3.1. 2.1.2. Who transport any commodity covered in Part 4 from any quarantined counties in Colorado specified in Part 3.2 to any area in Colorado not under quarantine. 2.2. For purposes of this quarantine any individual, partnership, limited liability company, corporation, governmental agency or other legal entity that imports a commodity covered under this quarantine into Colorado shall be considered a producer of such commodity.

Part 3. Areas Under Quarantine 3.1. The entire states of Alabama, Alaska, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, the Provinces of Ontario and Quebec, Canada. 3.2. The Colorado Counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld.

Part 4. Commodities Covered 4.1. All life stages of the Japanese beetle, including eggs, larvae, pupae, and adults; and the following hosts or possible carriers of Japanese beetle: 4.1.1. Soil, growing media, humus, compost, and manure. Soil samples under a federal Compliance Agreement and commercially packaged soil, growing media, humus, compost, manure are exempt; 4.1.2. All plants with roots with the exception of nursery-produced, container-grown plants imported in containers with a diameter of 7 inches or less and with a volume of 252 cubic inches (also known in the trade as a “#1 container”) or less, except as provided in Part 4.1.3; 4.1.3. All ornamental grasses and sedges regardless of container size are possible hosts; 4.1.4. Grass sod; 4.1.5. Plant crowns or roots for propagation (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); 4.1.6. Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); and 4.1.7. Any other plant, plant part, article or means of conveyance when it is determined by the Colorado Department of Agriculture (“Department”) to present a hazard of spreading live Japanese beetle due to either infestation, or exposure to infestation, by Japanese beetle.

Part 5. Restrictions 5.1. All commodities listed in Part 4 are prohibited entry into Colorado or transport from the areas under quarantine specified in Part 3 unless they have the required certification. A listed commodity may be imported into Colorado or transported from an area under quarantine into Colorado provided such shipment fully conforms with the requirements of one of the following options and is accompanied by a certificate issued by an authorized state agricultural official at origin verifying compliance: 5.1.1. Japanese Beetle Nursery Trapping Program – Part 5..2; 5.1.2. Application of Approved Regulatory Treatments – Part 5..3; 5.1.2.1. Dip Treatments – B&B and Container Plants – Part 5.3.1.1; 5.1.2.2. Pre-Harvest Soil Surface Treatments – Part 5.3.2; 5.1.3. Containerized Nursery Stock Accreditation Program – Part 5.4; 5.1.4. Shipment of Sod – Part 5.5; 5.1.4.1. Japanese Beetle Trapping – Part 5.5.1; 5.1.4.2. Japanese Beetle Management. – Part 5.5.2. 5.1.5. Shipment of plants in containers 12” diameter or smaller and any size Ornamental Grasses – Part 5.6; 5.1.5.1. Japanese Beetle Trapping – Part 5.6.1; 5.1.5.2. Japanese Beetle Management – Part 5.6.2; 5.1.5.3. Japanese Beetle free Greenhouse/Screenhouse - Part 5.6.3. 5.1.6. Nursery Certification based on a System Approach to Nursery Certification (SANC) Part 5.7. 5.1.7. The documents of compliance must be kept for a minimum of three years. 5.2. Japanese Beetle Nursery Trapping Program. 5.2.1. Regulated nursery stock produced in nurseries found to be free from Japanese beetle based on the nursery trapping program can be certified for shipment when accompanied by a certificate with the following Additional Declaration (AD): “The plants were produced in a nursery which was found to be free from Japanese beetle (Popillia japonica) based on a nursery trapping program.” 5.2.2. To be eligible for certification nursery sites must meet the following criteria: 5.2.2.1. The Japanese beetle-free zone shall be the nursery site per se. A nursery business may have more than one nursery site. Each site may have an independent regulatory status relative to Japanese beetle. It is the duty and responsibility of the nursery to maintain the integrity of the Japanese beetle free zones at all times. 5.2.2.2. To avoid a risk of transshipping Japanese beetle-infested commodities, only commodities certified to be free from Japanese beetle shall be introduced into the nursery. 5.2.2.3. The entire nursery site shall be surveyed using a detection trapping survey at the rate of 49 traps per square mile (1 trap per 13 acres). Traps should be evenly spaced throughout the trapping areas. There shall be a minimum of three (3) traps per site regardless of the size of the nursery site. Traps shall be baited with a lure consisting of a Japanese beetle food lure (phenyl-ethyl propionate: eugenol: geraniol [3:7:3 ratio]) and male sex pheromone, and renewed as often as necessary to maintain trapping efficacy. Traps shall be placed and/or monitored regularly by official regulatory authorities during the period of adult flight. Traps should be checked every two weeks. Records shall be maintained of trap monitoring and all Japanese beetle captures. 5.2.2.4. The survey shall be conducted annually during the adult flight period (June 1 – September 30). If no beetles are captured in the survey, the nursery site meets the criterion. If one or two Japanese beetles are captured, in total, from all traps set for the delimitation survey, the nursery may ship if in the judgment of the supervising state plant regulatory official in the exporting state, the detection represents an interception rather than a locally established population of Japanese beetle and that a delimitation survey as specified in the Japanese Beetle Harmonization Plan (June 20, 2016) is conducted in the following year. If no Japanese beetles are captured, in total, from all traps in the delimitation survey following a positive find, the nursery site may continue to ship. 5.2.2.4.1. The Japanese Beetle Harmonization Plan (the “Plan”), dated June 20, 2016 and published by the National Plant Board, is hereby incorporated by reference and made a part of these Rules. The incorporated Plan does not include later revisions. Copies of the Plan are available for public inspection during regular business hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021. The material incorporated by reference is also available through the National Plant Board at: http://nationalplantboard.org/japanese-beetle-harmonization-plan/. 5.3. Application of Approved Regulatory Treatments. 5.3.1. A state certificate which lists and verifies the treatment used must accompany shipment with the following AD: “The plants were treated to control Japanese beetle according to the criteria for shipment to category 2 states as provided in the Colorado Japanese Beetle quarantine.” 5.3.1.1. Dip Treatments - B&B and Container Plants including pot-in-pot production (drench application methods are acceptable only for ornamental grasses in containers less than 12 inches in diameter as provided in Part 5.6.2 . 5.3.1.2. All balled and burlapped, potted and containerized nursery stock with a rootball diameter of 32 inches or smaller are eligible for certification with this option. The potted or balled and burlapped stock must be dipped in an insecticide containing the active ingredients listed in Parts 5.3.1.4 or 5.3.1.5 in accordance with that insecticide’s label directions, so as to submerge the entire root ball and all growing media of the container or the root retaining materials into the solution.

The submersion time must be a minimum of two (2.0) minutes or until complete saturation occurs, as indicated by the cessation of bubbling whichever time is longer. Upon removal from the solution the plants must be drained in an approved manner. 5.3.1.3. Plants must not be shipped before they are well drained and can be easily handled. Media must be at least 50° F at the time of treatment. The dip treatment targets Japanese beetle larval stages. Growing medium must be of moderate moisture content (not too wet or not too dry) so that the pesticide will adequately penetrate the medium. Treatment must be applied between September 1 and April 15 in southern states and between September 1 and May 1 in the northern states as determined by the appropriate phytosanitary official in the exporting state. During the adult flight period all treated plants must be protected from reinfestation. 5.3.1.4. Chlorpyrifos; or 5.3.1.5. Bifenthrin. 5.3.2. Pre-Harvest Soil Surface Treatments. 5.3.2.1. Balled & burlapped or field-potted plants, harvested from production fields, must be treated, with an insecticide containing the active ingredients listed in Parts 5.3.2.1.1through 5.3.2.1.3.in accordance with that insecticide’s label directions before harvest using a band width six (6) inches wider than the actual root ball diameter to be dug. Do not allow the bands in adjacent rows to overlap. Apply May through July with a minimum of eighty-seven (87) gallons of water per acre. 5.3.2.1.1. Imidacloprid; 5.3.2.1.2. Imidacloprid + Cyfluthrin; or 5.3.2.1.3. Thiamethoxam. 5.4. Containerized Nursery Stock Accreditation Program. 5.4.1. Containerized nursery stock can be certified if grown under all of the following conditions.

As specified in Part 6, ornamental grasses and sedges, which have been identified as preferred hosts of Japanese beetle, will not be allowed certification under this program.

Plants certified under this program must be accompanied by a certificate including the following (or an equivalent) AD: “The plants have been found to be free from Japanese beetle (Popillia japonica) on the basis of a container accreditation program.” 5.4.1.1. Above Ground Containers. 5.4.1.1.1. Only containers with a diameter of 16 inches or less and a volume less than 2646 cubic inches are allowed certification under the Containerized Nursery Stock Accreditation Program. 5.4.1.1.2. Only artificial growing media or sterilized soil shall be used and plants for potting must be free of Japanese beetle. 5.4.1.1.3. Potted plants shall be maintained on a material which serves as a suitable ground barrier for Japanese beetle, i.e. gravel, plastic, hard packed clay, etc. 5.4.1.1.4. Certified lots shall be identified and segregated in a manner satisfactory to the phytosanitary official in the exporting state. 5.4.1.1.5. All containers shall be maintained apparently free of weeds. 5.4.1.2. Pot-in-pot production (production of nursery stock in containers (production pots) which are placed inside permanent in-ground containers – i.e. two containers one inside the other) may be certified to be Japanese beetle free under the Containerized Nursery Stock Accreditation Program if the following conditions are met: 5.4.1.2.1. Only artificial growing media or sterilized soil shall be used and plants for potting must be free of Japanese beetle. 5.4.1.2.2. The permanent in-ground container in which the production pot sits shall provide a ground barrier for Japanese beetle. 5.4.1.2.3. The lip of the permanent in-ground container shall be placed so that 3 – 4 inches of container lip protrudes above the soil surface. 5.4.1.2.4. The surface area surrounding the pot-in-pot containers must be apparently weed free and be maintained with a thick layer (more than 3 inches) of woodchip mulch, gravel, or heavy grade landscape fabric between containers. 5.4.1.2.5. All containers shall be maintained apparently free of weeds and grasses. 5.4.1.2.6. The inner container shall not come in contact with soil and there must be air space between containers. 5.5. Shipment of Sod. 5.5.1. Japanese Beetle Trapping. 5.5.1.1. Sod may be shipped to Colorado from the areas under quarantine specified in

Part 3 from sites found to be Japanese beetle-free based on negative detection trapping (as with nurseries) and must be accompanied by a certificate with the following AD: “The turf was produced in a sod farm which was found to be free from Japanese beetle (Popillia japonica) based on a sod farm trapping program.” 5.5.2.Japanese Beetle Management. 5.5.2.1. Sod may be shipped into Colorado from the areas under quarantine specified in

Part 3 and must be accompanied by a certificate listing and verifying the treatment used and containing the following AD: “The sod was treated to control Japanese beetle according to the criteria for shipment to category 2 states as provided in the Colorado Japanese Beetle quarantine.” 5.5.2.2. Management activities include (all of the following must be performed): 5.5.2.2.1. Maintenance of a Japanese beetle adulticide program on the sod-farm periphery; 5.5.2.2.2. Removal of Japanese beetle attractive plant species from the immediate growing area (where practical); 5.5.2.2.3. Periodic verification of compliance by regulatory officials; and 5.5.2.2.4. Documentation of treatment with insecticides containing the active ingredients listed in 5.5.2.2.4.1 through 5.5.2.2.4.5 in accordance with the insecticides’s label directions. The active ingredients listed below have been recognized as providing effective treatment against Japanese beetle. Sod shall be inspected in the presence of a regulatory officer to determine its freedom from Japanese beetle at the time of harvest (sod cutting). Colorado will accept sod from Japanese beetle infested areas if the sod is inspected and found to be free of Japanese beetle at the time of harvest (sod cutting) or if one of the following pesticide treatments are applied when larvae are most susceptible to treatment (avoid mowing turf until after sufficient irrigation or rainfall has occurred so that uniformity of the application will not be affected). Apply as a curative treatment between April 1 and July 31. Applications must be followed by sufficient irrigation or rainfall within 24 hours to move the active ingredient through the thatch and into the root zone where grubs feed. 5.5.2.2.4.1. Chlorantraniliprole; 5.5.2.2.4.2. Clothianidin; 5.5.2.2.4.3. Halofenozide; 5.5.2.2.4.4. Imidacloprid; or 5.5.2.2.4.5. Thiamethoxam. 5.6. Shipment of plants in containers 12” diameter or smaller and any size Ornamental Grasses 5.6.1. Japanese beetle trapping (containerized or field potted ornamental grasses and plants in containers 12” diameter or smaller).

Ornamental grasses (regardless of container size) and plants in containers 12” diameter or smaller may be shipped to Colorado from the areas under quarantine specified in Part 3 from sites found to be Japanese beetle-free based on negative detection trapping (as with nurseries) and must be accompanied by a certificate with the following AD: “The ornamental grass and/or the plants in containers 12” diameter or smaller were produced in a nursery which was found to be free from Japanese beetle (Popillia japonica) based on a nursery trapping program.” 5.6.2. Japanese beetle management (containerized ornamental grasses and plants in containers 12” diameter or smaller only)Field potted ornamental grasses are not eligible for certification under this protocol. 5.6.2.1. Ornamental grasses and plants in containers 12” diameter or smaller may be shipped into Colorado from the areas under quarantine specified in Part 3 and must be accompanied by a certificate listing and verifying the treatment used and must be accompanied by the following AD: “The ornamental grass or plants in containers 12” diameter or smaller was treated to control Japanese beetle according to the criteria for shipment to Colorado as provided in the Colorado Japanese beetle quarantine.” 5.6.2.2. Management activities include (all of the following must be performed): 5.6.2.2.1. Maintenance of a Japanese beetle adulticide program on the nursery periphery. 5.6.2.2.2. Removal of Japanese beetle attractive plant species from the immediate growing area (where practical). 5.6.2.2.3. Periodic verification of compliance by regulatory officials in the exporting state; and 5.6.2.2.4. Documentation of treatment with insecticides containing the active ingredients listed in 5.6.2.2.4.1.1 through 5.6.2.2.4.1.3 or 5.6.2.2.4.2.1 through 5.6.2.2.4.2.2 in accordance with the insecticide’s label directions. The active ingredients listed below have been recognized as providing effective treatment against Japanese beetle.

Ornamental grasses shall be inspected in the presence of a regulatory officer in the exporting state to determine its freedom from Japanese beetle. Colorado will accept ornamental grasses from Japanese beetle infested areas if one of the following pesticide treatments are applied when larvae are most susceptible to insecticide application. 5.6.2.2.4.1. Drench treatments – plants in containers 12” diameter or smaller. 5.6.2.2.4.1.1. Imidacloprid; 5.6.2.2.4.1.2. Bifenthrin; or 5.6.2.2.4.1.3. Thiamethoxam. 5.6.2.2.4.1.4. Potting media used must be sterile and soilless.

Containers must be clean. This is a prophylactic treatment protocol targeting eggs and early first instar larvae. Treat just before Japanese beetle flight season (June 1 or as determined by the appropriate phytosanitary official in the exporting state.) Apply tank mix as a drench to wet the entire surface of the potting media. Avoid excessive irrigation following treatment to reduce leaching of active ingredient. During the adult flight season, as determined by the appropriate phytosanitary official in the exporting state, plants must be retreated after sixteen (16) weeks if not shipped to assure adequate protection. If the containers are exposed to a second flight season they must be retreated. 5.6.2.2.4.2. Dip treatments – container plants 32” in diameter or smaller: 5.6.2.2.4.2.1. Chlorpyrifos; or 5.6.2.2.4.2.2. Bifenthrin. 5.6.2.2.4.2.3. The potted stock must be dipped so as to submerge the entire root ball and growing media of the container or the root retaining materials into the solution.

The submersion time should be a minimum of two (2.0) minutes and until complete saturation occurs, as indicated by the cessation of bubbling. 5.6.2.2.4.2.4. Plants should not be shipped before they are well drained and can be easily handled. Media must be at least 50° F at the time of treatment. The dip treatment targets Japanese beetle larval states. Growing medium must be of moderate soil moisture content (not too wet or not too dry) so that pesticide will adequately penetrate the medium. Treatment must be applied between September 1 and April 15 in southern states and between September 1 and May 1 in northern states as determined by the appropriate phytosanitary official in the exporting state. During the adult flight period all treated plants must be protected from re-infestation. 5.7. Production in an Approved Japanese Beetle Free Greenhouse/Screenhouse. 5.7.1. Ornamental grasses (regardless of container size) may be shipped to Colorado or transported from the areas under quarantine specified in Part 3 from sites found to be Japanese beetle-free based on production in an approved japanese Beetle free Greenhouse/Screenhouse and must be accompanied by a certificate with the following AD: “Production in an approved Japanese Beetle free greenhouse/screenhouse.” The regulated article must be maintained within the greenhouse/screenhouse during the entire adult flight period; during the adult flight period the greenhouse/screenhouse must be made secure so that adult Japanese beetles cannot gain entry. 5.8. Nursery Certification based on a Systems Approach to Nursery Certification 5.8.1. Regulated nursery stock produced in nurseries found to be free from Japanese beetle based on a systems approach can be imported into Colorado or transported from the areas under quarantine specified in Part 3 when certified by the state of origin’s Department of Agriculture and accompanied by a certificate with the following AD: “The plants were produced in a nursery that was found to be free from Japanese beetle (Popillia japonica) based on a SANC program.” 5.8.2. To be eligible for SANC designation under this provision nursery sites must meet the following criteria: 5.8.2.1. Only artificial growing media or sterilized soil shall be used for potting; field dug plants must be free of Japanese beetle. 5.8.2.2. The nursery must enter into a SANC compliance agreement that is approved by the Colorado Department of Agriculture. 5.8.2.3. The compliance agreement must identify critical control points and appropriate best management practices (“BMPs”) for each control point and must be mutually agreed upon between the nursery and the Colorado Department of Agriculture. 5.8.2.4. The certified SANC nursery must be inspected quarterly to confirm compliance by the Department of Agriculture in the state in which the nursery is located

Part 6. Exceptions Upon written request, and upon investigation and finding that unusual circumstances exist justifying such action, the Colorado Department of Agriculture may issue a permit allowing entry into this state of commodities covered without meeting the requirements of Part 5. However, all conditions specified in the permit shall be met before such permit will be recognized.

Part 7. Privately-owned house plants Notwithstanding the requirements of Part 5, the Department may allow privately owned house plants obviously grown, or certified at the place of origin as having been grown indoors without exposure to Japanese beetle to be brought into this state without meeting the requirements of Part 5. Contact the Colorado Department of Agriculture for information: Director, Plant Industry Division, Colorado Department of Agriculture.

Part 8. Violation of Quarantine All covered commodities described in Part 4 of this rule found to be in violation of this quarantine shall immediately be sent out of the state, destroyed, or treated by a method and in a manner as directed by the Commissioner. Removal from the state, destruction or treatment of such commodity shall be performed at the expense of the producer, or their duly authorized agent.

Any violations of this quarantine are subject to a civil penalty, as determined by the Commissioner.

Pursuant to Section 35-4-114.5, C.R.S., the maximum penalty shall not exceed one thousand dollars per violation. Each day the violation continues shall constitute a separate violation.

Part 9. Inspections and Investigations The Division of Plant Industry of the Colorado Department of Agriculture shall conduct any inspections necessary to ensure compliance with this quarantine and investigations of all alleged violations of the quarantine. In accordance with Section 35-4-112 C.R.S. Except as provided in Section 35-4-107, the Commissioner or his designees are authorized, upon consent of the producer or its authorized agent or upon obtaining an administrative search warrant, to enter upon or into any premises, land, buildings, or other places of business during reasonable business hours for the purpose of carrying out the provisions of the article and this quarantine.

Part 10.00 Costs The actual costs for inspections, investigations and any other activities related to control and eradication measures such as destruction or treatment for enforcement of the quarantine shall be charged to the producer at a rate of $45 an hour plus 25 cents per mile.

Parts 11. – 12. Reserved

Part 13. Statements of Basis, Specific Statutory Authority and Purpose 13.1. Adopted November 19, 2009 – Effective December 30, 2009 Statutory Authority This Quarantine is imposed pursuant to the Pest Control Act, § § 35-4-110, C.R.S. (2009).

The purpose of this Quarantine is to protect Colorado by reducing the introduction of Japanese beetle (Popillia japonica) into Colorado. Reduction of Japanse beetle introductions will reduce damage to susceptible landscape plants and crops and minimize the need for pesticide treatment to control the pest.

Reducing the introduction of Japanese beetle will allow for some nurseries to continue to export nursery stock to noninfested states. In addition the quarantine provides for the recovery of costs incurred by the Commissioner in enforcement of the quarantine.

Factual Findings The Commissioner of Agriculture finds as follows:

1. Japanese beetle is a scarab beetle, approximately one-half inch long with a metallic green body and copper-colored covers on its wings. It can be identified by its 12 tufts of hairs bordering the margin of the wing covers.

2. From its original introduction in New Jersey in 1919, Japanese beetle has greatly expanded its range. It is now generally distributed throughout the country, excluding the western United States.

It is also found in parts of Ontario, Canada.

3. Japanese beetle is most commonly transported to new locations with soil surrounding nursery plants. Eggs are sometimes laid in the soil of container stock and balled/burlap nursery materials, so the root feeding larvae are carried with the plants.

4. The Japanese beetle can be a very damaging insect in both the adult and larval stages. Adult Japanese beetles cause serious injury to leaves and flowers of many ornamentals, fruits, and vegetables. Among the plants most commonly damaged are rose, grape, crabapple, and beans.

Larvae chew roots of turfgrasses and it is the most important white grub pest of turfgrass in much of the northeastern quadrant of the United States.

5. Japanese beetle is a regulated insect subject to internal quarantines in the United States. The presence of established Japanese beetle populations in Colorado restricts trade. Nursery products originating from Japanese beetle-infested states require special treatment or are outright banned from shipment to areas where this insect does not occur.

6. Japanese beetle has likely been introduced into Colorado on several occasions. However, historically these almost always failed to result in reproducing, established populations in the state. Unfortunately, this situation has recently changed as at least two populations are now known. The first population began in 2003 in the Palisade area on the West Slope. Efforts to eradicate it have now been successful. More recently, Japanese beetle has been discovered in Denver and Arapahoe County.

7. Historically, this insect is a target for large amounts of insecticide use where it is established. 13.2. Adopted December 16, 2010 – Effective January 30, 2011 These amendments to the permanent rules are adopted by the Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority under the Pest Control Act (the “Act” ) at Section 35-4-110 C.R.S.

The purpose of this amendment is to:

1. Correct errors.

2. Clarify treatment protocols.

3. Clarify that all ornamental grasses are restricted.

4. Add restriction protocol for pot-in-pot production of nursery stock.

The factual and policy issues encountered in proposing these amendments are as follows:

1. British Columbia is not under quarantine and needs to be removed.

2. Ornamental grasses regardless of size have been identified as a high risk carrier of Japanese beetle.

3. Allow for a non-chemical treatment option for pot-in-pot nursery stock production. 13.3. Adopted February 15, 2013 – Effective March 30, 2013 These amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under the Pest Control Act, § 35-4-110, C.R.S.

4. Repeal the rules related to soil survey/sampling protocol at Section 5.00(b).

5. Establish a container size limit under the Container Certification protocol.

The factual and policy issues encountered in proposing these amendments are as follows:

1. The soil survey/sampling protocol for certification of field grown nursery stock is not rigorous and potential risk of introduction of Japanese beetle larvae in harvested root balls of large nursery stock is high when using this certification protocol. As such it is proposed that the entire protocol be eliminated. Harvested field grown nursery stock may instead enter the state of Colorado with the remaining treatment protocols currently listed in the quarantine.

2. Containerized nursery stock is allowed entry into the state under a protocol whereby the container must not directly sit on top of soil. Containers that sit on top of raised benches or on some type of barrier such as gravel or landscape fabric are eligible for certification. Currently any sized container is eligible when produced in this manner. However, larger sized containers, or containers bigger than 16” in diameter pose a high risk for introduction of beetle larvae, even when produced under the container protocol. Therefore a restriction on the size of container eligible for certification using this protocol is warranted. Containers less than 16” in diameter pose reduced risk and will still remain eligible for certification using the container certification protocol.

Nursery stock in containers larger than 16” in diameter are eligible for certification via dip treatment. 13.4. Adopted November 9, 2016 – Effective December 30, 2016 These amendments to the quarantine are adopted by the Colorado Commissioner of Agriculture (Commissioner) pursuant to his authority under the Pest Control Act (section 35-4-110, C.R.S.)

1. Add the Colorado Counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld to the areas under quarantine.

2. Add an additional certification method via production in an approved Japanese Beetle free greenhouse or screenhouse for ornamental grasses.

3. Offer nurseries an additional certification method to allow pest free nursery stock to continue to enter non-infested areas of Colorado while protecting those areas from Japanese Beetle introduction.

The factual and policy issues encountered in proposing these amendments are as follows:

1. Japanese Beetle populations in these Front Range Colorado Counties have risen in number over time and many areas within these counties are considered infested.

2. A Systems Approach to Nursery Certification (SANC) allows approved nurseries an additional and alternative method of pest control that can be tailored to fit the specific needs of each participating nursery.

3. This certification method is available to an out-of-state nursery if the SANC program in its state is equivalent to that approved for use by Colorado nurseries.

4. Ornamental grasses produced in a Japanese beetle-free greenhouse or screenhouse meet certification standards and provide growers with an additional method for pest free nursery stock certification. 13.5. Adopted February 22, 2018 – Effective April 15, 2018 These amendments to the quarantine are adopted by the Colorado Commissioner of Agriculture pursuant to his authority under the Pest Control Act, § 35-4-110, C.R.S.

5. Expand the quarantine’s coverage in Part 4.1.2 to include smaller containers by decreasing the size of containers exempt from the quarantine.

6. Incorporate by reference the National Plant Board’s Japanese Beetle Harmonization Plan, dated June 20, 2016, in Part 5.2.2.4.

7. Remove text found in various subparts of Parts 5.3.1, 5.5.2.2, and 5.6.2.2, which parts name specific insecticide products and their application rates, in order to focus on active ingredients and not products.

8. Make plants in containers 12” diameter or smaller subject to Part 5.6’s listed restrictions regarding Japanese beetle trapping and management.

9. Add a new Part 5.7 permitting shipments of ornamental grasses into Colorado or shipments from areas under quarantine, provided those grasses have been produced in an approved, Japanese beetle-free greenhouse/screenhouse.

10. Update numerical references in Part 5 to account for the new Part 5.7.

11. Make typographical, grammatical, and non-substantive changes in Parts 4 and 5 of the quarantine.

Factual and Policy Issues:

The factual and policy issues encountered in proposing these amendments are as follows:

1. For many years, CDA has exempted containers measuring 12” or less from the Japanese beetle quarantine, unless those containers held ornamental grasses or sedges, because containers of that size were not expected to hold Japanese beetle. However, in July 2017, an out-of-state nursery shipped into Colorado nursery stock in containers measuring 12” and smaller and later notified CDA that those containers contained or could contain Japanese beetle grubs. Because of this incident, CDA learned that 12” containers could contain various life stages of the Japanese beetle. Therefore, the Department is amending the quarantine at Part 4.1.2 to include 12” containers by reducing the size/volume of containers exempt from the quarantine to 7” or 252 cubic inches (i.e., “#1 containers”) or less. CDA chose 7” because data provided by the out-ofstate nursery indicated that Japanese beetle grubs did not appear in containers measuring 7” or less.

2. The Department’s previous versions of the Rules did not incorporate by reference the National Plant Board’s Japanese Beetle Harmonization Plan. Therefore, the Department is amending Part 5.2.2.4 in accordance with § 24-4-103(12.5), C.R.S.

3. The quarantine previously identified specific active ingredients and specific pesticide products containing those ingredients as providing effective treatment against Japanese beetle when used as dip, drench, or similar treatments. The Department intended to assist the regulated community by identifying pesticide product options that met the requirements of the quarantine. However, the Department never intended to endorse a specific pesticide product or manufacturer, nor did it intend to suggest that application rates for those products were static. Therefore, the Department has removed the names of pesticide products and associated application rates from Parts 5.3.1, 5.5.2.2, and 5.6.2.2 so that the regulated community can choose any product with the listed active ingredients, provided they use the product in accordance with the product’s labeling directions and requirements.

4. The Department expanded the scope of Japanese beetle trapping and management requirements in Part 5.6 for plants in 12” containers or smaller that are shipped into Colorado from areas under quarantine.

5. To provide increased flexibility without compromising the effectiveness of the quarantine, the Department has added a new Part 5.7, which explains that ornamental grasses, regardless of container size, may be shipped into Colorado or transported from areas under quarantine if those plants have been produced in greenhouses/screenhouses that have been approved as Japanese beetle-free. 13.6. Adopted June 2019 – Effective July 30, 2019 These amendments to the quarantine are adopted by the Colorado Commissioner of Agriculture pursuant to the authority under the Pest Control Act, § 35-4-110, C.R.S.

The purpose of these amendments is to:

1. Change the inspection fee rate from $34.00/hour to $45.00/hour.

The factual and policy issues encountered when developing these rules include:

1. The Colorado Department of Agriculture is required by § 35-4-111(2), C.R.S., to cover the direct and indirect costs incurred in conducting inspections. Over time, the average personnel cost of an inspection has increased to approximately $39/hour. In addition, the operating costs associated with an inspection (e.g., travel, fleet) have increased to almost $24/hour. Therefore, CDA is proposing to increase the cost to $45/hour.

2. The inspection fee has not been changed since 2010 and costs incurred to complete inspections have increased significantly over the past nine years. to allow the quarantine to function effectively and to implement pest control program goals, CDA must raise fees associated with inspections. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2009.

Entire rule eff. 01/30/2011.

Rules 5.00, 5.00.d.i, 13.00.c eff. 03/30/2013. Rule 5.00.b repealed eff. 03/30/2013.

Entire rule eff. 12/30/2016.

Rules 4.1.2, 5, 13.5 eff. 04/15/2018.

Rules 10.00, 13.6 eff. 07/30/2019.

8 CCR 1203-22 Rules and Regulations Pertaining to the Colorado Seed Potato Act {#sec-8-ccr-1203-22 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-22}

DEPARTMENT OF AGRICULTURE

RULES AND REGULATIONS PERTAINING TO THE COLORADO SEED POTATO ACT

8 CCR 1203-22 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1.0 Definitions:

These Rules incorporate the definitions set forth in §35-27.3-103, C.R.S.

Part 2.0 Requirements for All Certified Seed Potatoes 2.1.0 Pursuant to § 35-27.3-108(1)(b)(II), C.R.S., all certified seed potatoes planted in Colorado in lots sufficient to plant one or more acres as specified in Part 9.0 must meet the following requirements: 2.1.1 Based on the postharvest test, the lot may contain no more than 5% tubers with virus, including no more than 1% PVY serotype strains (PVY ). 2.1.2 No tubers may contain any Mop Top or Tobacco Rattle Virus; 2.1.3 The lot must be free of Bacterial Ring Rot (Clavibacter michiganensis subsp.

Sepedonicus) and Golden nematode (Globodera rostochiensis), 2.1.4 All seed potatoes imported into the San Luis Valley must meet the requirements of the Quarantine for Late Blight, 8 CCR 1203-13. 2.2.0 Growers must maintain documentation of compliance with these disease standards for a period of two years for each lot of seed potatoes planted.

Part 3.0 Requirements for Sampling, Testing, and Evaluation of Uncertified Seed Potatoes 3.1.0 Uncertified seed potatoes more than one year removed from certification may only be planted if the testing in 3.2.2 verifies the lot meets the disease standards in Part 4.0. 3.2.0 Pursuant to § 35-27.3-105(2)(b), C.R.S., uncertified seed potatoes more than one year removed from certification must be sampled and tested in the following manner prior to planting. 3.2.1 Sampling 3.2.1.1 The grower must provide a sample of 200 tubers for each lot along with name of the grower, cultivar name and source of the cultivar to the Colorado State University San Luis Valley Research Center Laboratory or other laboratory designated by the certifying authority for testing. 3.2.2 Testing 3.2.2.1 A 200 tuber sample for each lot to be planted must be analyzed by the Colorado State University San Luis Valley Research Center Laboratory or other laboratory designated by the certifying authority for all disease standards specified in Part 4.0 of this Rule. 3.3.0 Sampling, Testing and Evaluation Requirements for Uncertified Seed Potatoes No More Than One Generation from Certified or Qualified Parent Potatoes. 3.3.1 No later than November 1, 2025, and by each November 1 thereafter, a grower must submit a sample of 200 tubers for each lot collected in accordance with the certifying

authority’s sample collection procedures and including the name of the grower, cultivar name, source of the cultivar, and hundredweight of the lot intended for planting the following year, to the Colorado State University San Luis Valley Research Center Laboratory or other laboratory designated by the certifying authority for testing. 3.3.1.1 The certifying authority or its designee must analyze the samples from each lot to determine that each lot meets the disease standard established in Part 3.3.4. 3.3.1.2 Uncertified seed potatoes may not be planted unless the grower receives approval from the certifying authority indicating that the uncertified potatoes submitted for testing in November have met the standard established in April of that same year. 3.3.2 No later than January 2, 2026, and by each January 2 thereafter, the certifying authority will transmit results of its testing in writing to the grower and, starting January 2, 2027, will include approval of the uncertified seed potatoes for planting if the standard established the previous April for those uncertified seed potatoes has been met. 3.3.3 No later than February 15, 2026, and by each February 15 thereafter, the certifying

authority will transmit an aggregate summary of the results described in Part 3.3.2 above to the Seed Potato Advisory Committee established at § 35-27.3-107, C.R.S., and to the Commissioner or the Commissioner’s designee. This summary must not include information that allows a grower or that grower’s operation to be identified. 3.3.4 No later than April 1, 2026, and by each April 1 thereafter, the Commissioner, in consultation with the Seed Potato Advisory Committee established at § 35-27.3-107, C.R.S., will review the results transmitted per Part 3.3.3 above and set a disease standard based on those results. This standard will apply to samples submitted in November in accordance with Part 3.3.1 and will determine whether those uncertified seed potatoes can be planted the following year. 3.3.4.1 As soon as practicable following the determination of the disease standard in

Part 3.3.4, the Commissioner or the Commissioner’s designee will publish the standard applicable to next year’s planting to the certifying authority and to growers in a form and manner designated by the Commissioner, which form may include, but is not limited to, written correspondence, electronic mail, or website publication. 3.3.5 Any deadline established in this Part 3 may be extended upon request and made effective by written permission of the Commissioner or the Commissioner’s designee upon a showing of good cause by the requestor. 3.3.6 The grower is responsible for all costs associated with sampling and testing described in this Part 3.

Part 4.0 Quality and Disease Standards for Uncertified Seed Potatoes 4.1.0 Pursuant to § 35-27.3-108(1)(b)(IV), C.R.S., all uncertified seed potatoes more than one year removed from certification that are planted in lots sufficient to plant one or more acres as specified in Part 9.0 shall not exceed the disease standards specified in paragraph E.1.iii, “Special Requirements for Post Harvest Test (Disease Tolerances)” set forth in the “Colorado State University Colorado Potato Certification Service Rules and Regulations for Certification of Seed Potatoes”. 4.1.1 The above referenced paragraph of the Colorado State University Colorado Potato Certification Service Rules and Regulations for Certification of Seed Potatoes, dated January 2024 and published by Colorado State University in cooperation with the Colorado Certified Potato Growers Association, is hereby incorporated by reference and made a part of these Rules. Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of the above referenced material are available for public inspection during regular business hours at the Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, Colorado 80021. The material incorporated by reference is also available through the Colorado Potato Certification Service at https://www.potatoslvrc.com/our-team/about-us/programs/potatocertification-service/resource-center-links/. 4.1.2 All of the tubers must be free from Bacterial Ring Rot (Clavibacter michiganensis subsp.

Sepedonicus), Golden nematode (Globodera rostenchiensis), Late Blight (Phytophthora infestans), and Tobacco Rattle Virus (visual symptoms). 4.1.3 Notwithstanding paragraph 4.1.0 above, the standard applicable for PVY is that standard established per Part 3.3.4 above. 4.2.0 Pursuant to § 35-27.3-108(1)(b)(IV), C.R.S., all uncertified seed potatoes no more than generation removed from certification that are planted in lots sufficient to plant one or more acres as specified in Part 9.0 must be tested by the certifying authority or its designee for PVY and, to be planted, must meet the standard established per Part 3.3.4 above. 4.3.0 Growers must maintain documentation of compliance with the disease standards specified in this

Part 4.0 for a period of two years for each lot of seed potatoes planted.

Part 5.0 Random Selection of Potato Growers for Records Review. 5.1.0 Each year by April 1, the Colorado Potato Administration Committee (CPAC) offices for areas 2 and 3 shall submit a list of all potato growers to the Department. 5.2.0 The Department will select at least ten percent of the growers at random using computer based random number generating software. 5.3.0 The Department will conduct records inspections on the selected growers.

Part 6.0 Grower Requests for Exemptions under §35.27.3-105(3), C.R.S. 6.1.0 The grower must apply to the Seed Potato Advisory Committee by completing and submitting the official form to the Colorado Potato Administrative Committee office for the area in which the grower is located. 6.2.0 The Commissioner shall notify the grower when an exemption is authorized.

Part 7.0 Requirements for seed potatoes planted under § 35-27.3-105(3) C.R.S. 7.1.0 Seed potatoes granted an exemption pursuant to § 35-27.3-105(3), C.R.S., may not be planted unless a 200 tuber sample from the lot is submitted for testing to the certifying authority or its designee or unless the lot has been previously tested by the certifying authority during the relevant exemption year as part of the certifying authority’s seed potato certification program. 7.1.1 The lot must be free from Bacterial Ring Rot (Clavibacter michiganensis subsp.

Sepedonicus) and Late Blight (Phytophthora infestans).

Part 8.0 Fee schedule for services performed by the Department 8.1.0 The Department shall bill the CPAC area offices for services performed by the Department at the following rates: 8.1.1 Hourly fee: $47.00; 8.1.2 Mileage: Cost charged by Colorado State Fleet Management for state vehicles, the state personal mileage rate when using private vehicles; and 8.1.3 Per Diem: State rates.

Part 9.0 Seed potatoes needed to plant one or more acres. 9.1.0 For the purposes of the Colorado Seed Potato Act and these Rules, the amount of potatoes sufficient to plant one or more acres shall be up to fifty hundredweight of seed potatoes.

Part 10.0 – 12.0 Reserved

Part 13.0 Statement of Basis, Specific Statutory Authority and Purpose 13.1.0 June 14, 2011 - Effective January 1, 2012 These rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Seed Potato Act (the “Act”) §§ 35-27.3-101 through 112, C.R.S.

Purpose The purpose of these proposed rules is to implement the Colorado Seed Potato Act.

Part 1.0 explains where the definitions for terms used in the rules can be found and states that the definitions in the Act are applicable to the rules.

Part 2.0 states the requirements of the State National Harmonization Program and lists which quarantines are applicable to seed potatoes.

Part 3.0 states the requirements for compliance verification, testing, sampling, and inspection.

Part 4.0 specifies the quality and disease standards that must be met for seed potatoes to be planted.

Part 5.0 specifies how the Commissioner will randomly select ten percent of potato growers for records inspections.

Part 6.0 specifies where the growers seeking an exemption pursuant to §35-27.3.105(3), C.R.S. must submit their request and states that the Commissioner will notify the grower when an exemption is authorized.

Part 7.0 specifies the methods that must be used for determining that bacterial ring rot and late blight are not present in the seed potatoes requested for planting.

Part 8.0 specifies the fees the Department will charge for services provided.

Part 9.0 specifies the amount of seed potatoes that are sufficient to plant one or more acres.

Factual and Policy Basis Issues The factual and policy issues encountered when developing these rules include:

1. The Colorado Seed Potato Act was passed by the General Assembly and signed into law by Governor Ritter in 2010. The Act requires the development of several rules for the implementation of the Act. The Act’s requirements will be effective January 1, 2012, therefore all rules must be developed prior to this time.

2. Part 1.0: The definitions in the Act are referenced in this section so producers know where to find the definitions for terms used in the proposed rules 3) Part 2.0: Section 35-27.3.105(b), C.R.S. of the Act requires that seed potatoes imported into Colorado meet the requirements of the State National Harmonization Program and any applicable quarantine. Sections 2.1.1 through 2.1.5 of the proposed rules states the requirements as listed in the State National Harmonization Program. USDA developed the State National Harmonization program requirements as a means to establish minimum quality requirements for potato seed quality to facilitate international export of seed potatoes. These requirements are listed in USDA’s program. Section 2.1.6 states the seed must meet the requirements of the late blight quarantine. The late blight quarantine is the only applicable quarantine at this time. The Colorado Department of Agriculture has not adopted any other quarantine for seed potatoes.

3. Part 3.0: Section 35-27.3.108(1)(b)(1), C.R.S. of the Act requires the Commissioner to establish requirements for compliance verification, testing, sampling, and inspection. Part 3.0 states the requirements. 400 tubers is the common quantity used for disease analysis in potatoes. These figures come from both certified seed potato regulations as well as requirements for disease monitoring on potato tubers for export. The Acts states that a grower must submit seed stock to the certifying authority of Colorado for testing and the certifying authority of Colorado approves the seed stock for planting. Colorado State University is the certifying authority for seed potatoes in Colorado. Colorado State University operates the San Luis Valley Research Center Laboratory for potato testing so this is the best laboratory for potato disease testing.

4. Part 4.0: Section 35-27.3.108(1)(b)(II), C.R.S. of the Act requires the Commissioner to specify quality or disease standards for potatoes. Part 4.0 of the proposed rules states these requirements. These standards are based on seed certification requirements for potatoes. These are generally accepted standards for disease prevention and control.

Section 35-27.3.108(1)(b)(IV), C.R.S. requires the Commissioner to set standards for uncertified seed stock that may be planted pursuant to §35-27.3-105(2)(b), C.R.S. These standards are in Part 4.0 of the rules also mentioned above.

6. Part 5.0: Section 35-27.3.108(1)(b)(III) C.R.S. requires the Commissioner to adopt rules to allow for the random selection of ten percent of potato growers subject to the annual records review required under §35-27.3-106(2), C.R.S. These proposed rules are stated in Part 5.0. The most objective manner to choose the ten percent is through a computer random number generator. The Department has the software to do this.

7. Part 6.0: The Commissioner also has the authority in § 35-27.3-108, C.R.S. to adopt rules necessary for the administration and enforcement of this article. Part 6.0 of the proposed rules was developed to provide guidance to growers seeking an exemption pursuant to § 35-27.3.105(3), C.R.S. This rule states where the grower must submit their request and also states that the Commissioner will notify the grower when an exemption is authorized.

8. Part 7.0: Section 35-27.3.108(1)(b)(V), C.R.S. requires the Commissioner to establish methods for determining that bacterial ring rot or an unacceptable level of community diseases is not present in seed potatoes planted under §35-27.3-105 (3), C.R.S. These requirements are stated in part 7.0 of the rules. The number of tubers from each lot that must be submitted and who will do the testing are the same as previously described for

Part 3.0 of the rules. This testing is the same process.

9. Part 8.0: Section 35-27.3.108(1)(b)(VII), C.R.S. requires the Commissioner to set a schedule of fees for services performed by the Department. These fees are stated in Part 8 of the proposed rules. The fees are based on actual costs of services from the Department.

10. Part 9.0: Section 35-27.3.104, C.R.S. requires the Commissioner to establish the amount of seed potatoes that are sufficient to plant one or more acres as this is the threshold for determining if a grower must be in compliance with the Act. This amount is stated in Part 9.0 of the proposed rules. Through discussion with the Seed Potato Act Advisory Committee it was determined that based on the variety of seed potatoes being planted the amount to plant one or more acres was up to fifty hundredweight of seed potatoes. 13.2.0 February 12, 2014 – Effective March 30, 2014 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to his authority under the Colorado Seed Potato Act, § 35-27.3-108(1)(b), C.R.S.

The purpose of these proposed Rule amendments are as follows:

1. To clarify in Parts 2.1.1, 2.1.2 and 2.1.3 that the disease percentage is based on the number of tubers with the various viruses or diseases.

2. To reduce the percentage of tubers allowed with necrotic viruses in Part 2.1.3 from 2% to 1.5%.

3. To clarify in 2.1.3 that PVY refers to all strains of PVY .

4. To clarify the language in 2.1.3 regarding the standard for PVY , PVY , mop top and tobacco rattle virus.

5. To require in Part 4.1.0 that the disease standards for seed potatoes to be replanted are the same as what is required in the Colorado Rules and Regulations for the Certification of Seed Potatoes established by Colorado State University in cooperation with the Colorado Certified Potato Growers Association.

Factual and policy basis issues encountered when developing these Rules include:

1. Adding the terminology, “tubers with,” clarifies how the percentage of a virus or disease is calculated for purposes of these Rules.

2. The potato industry is trying to reduce the amount of disease in seed potatoes. Colorado State University and the Colorado Certified Potato Growers Association are reducing their certified seed standards for necrotic diseases to 1.5%. Incorporating this standard into the Colorado Seed Potato Act Rules creates a consistent standard for the industry.

3. There are several strains of PVYN. The amendment to Part 2.1.3 recognizes this and clarifies that all of the strains are regulated.

4. The Colorado Rules and Regulations for the Certification of Seed Potatoes and the Colorado Seed Potato Act Rules both contain standards for the same diseases.

Referencing the Colorado Rules and Regulations for the Certification of Seed Potatoes in these Rules is the simplest and most effective way to make the standards equivalent now and ensure consistency in the future if the standards change. 13.3.0 February 11, 2015 – Effective March 30, 2015 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Seed Potato Act (the “Act”) §§ 35-27.3-101 through 112, C.R.S., specifically, §§ 35-27.0-108(1)(b)(II) and (IV), C.R.S.

The purposes of these proposed Rule Amendments are as follows:

1. Amend Part 2.0 title to include all certified seed potatoes, not just imported seed potatoes.

2. Amend Rule 2.1.0 to correct the statutory reference and clarify the scope of the Rule.

3. Amend Rule 2.1.2 to lower the standard for total virus from 10% to 8% based on postharvest testing.

4. Amend Rule 2.1.3 to remove the zero tolerance for PVY and include those in the 1.5% tolerance for necrotic viruses.

5. Add a new Rule 2.2.0 to provide the statutory citation for the authority of this Rule, clarify which seed potatoes are subject to the standards listed in 2.2.1 through 2.2.5, and establish disease standards in 2.2.1 through 2.2.5 for seed potatoes planted on or after August 1, 2015.

6. Adopt a new Rule 2.2.1 establishing virus standards for total virus as well as PVY serotype strains as determined by a postharvest test.

7. Adopt a new Rule 2.2.2 establishing an alternative standard for disease levels should a postharvest test not be useable.

8. Adopt a new Rule 2.2.3 maintaining the current zero tolerance for Mop Top and Tobacco Rattle Virus after August 1, 2015.

9. Adopt a new Rule 2.2.4 maintaining the current zero tolerance for Bacterial Ring Rot and Golden Nematode after August 1, 2015.

10. Adopt a new Rule 2.2.5 maintaining the requirement that all imported seed potatoes be free from Late Blight and meet the requirements of the Late Blight Quarantine after August 1, 2015.

11. Adopt a new Rule 2.3.0 maintaining the current requirement that records of compliance with the disease standards in Part 2.0 must be maintained for two years.

12. Amend Rule 4.1.0 to include the statutory citation that authorizes this Rule.

13. Add a new Rule 4.1.2 clarifying the current requirement that records of compliance with the disease standards in Part 4.0 must be maintained for two years.

14. Change the hourly fee charged by the Department for work conducted for the Act to reflect the current non-mandatory inspection fee charged by the Fruit and Vegetable Inspection Service.

Factual and policy basis issues encountered when developing these Rules include:

1. The current Rules in Part 2.0 apply only to imported seed potatoes, not potatoes produced in Colorado, which by default are therefore subject only to the seed potato certification standards. Part 2.0 as amended now establishes the disease standards for both imported seed potatoes and seed potatoes produced in Colorado. These standards need to be the same to clarify planting requirements.

2. The standard is being lowered for total virus to match the rules enacted by the Colorado Certified Seed Growers Association. Also the standard for total virus is being lowered to offset the increase in PVY strains that are now being allowed.

3. PVY are now widespread in the San Luis Valley and a zero tolerance is not realistic. As PVY are necrotic viruses, they are now included as part of the total virus tolerance.

4. A new Rule 2.2.0 is needed to ensure a smooth transition to the new standards that will apply to seed potatoes that are planted on or after August 1, 2015.

5. The standard for seed potato disease standards is a postharvest test. Rule 2.2.1 clarifies that this test is to be utilized to determine the disease level in each seed potato lot. This

Rule sets a maximum of 5% total virus in the lot, which is a 3% reduction from the previous year in order to require seed potatoes to have lower levels of virus diseases and therefore hopefully diminish the disease levels in the crop produced by these seed potatoes. The Rule also establishes a maximum of 1% PVY strains for the lot as part of the total 5%. This reduces the tolerance by 0.5% from the previous year in order to require seed potatoes to have lower levels of necrotic disease and therefore hopefully diminish the disease levels in the crop produced by these seed potatoes.

6. A postharvest test requires the plants to sprout and grow to a sufficient size to be evaluated for disease levels. Many factors can contribute to this not being successful such as weather events and changes in the growing conditions. Rule 2.2.2 therefore provides an alternative method as a backup.

7. The industry wishes to maintain a zero tolerance for Mop Top and Tobacco Rattle Virus for production and trade purposes. As this is achievable the standard will remain at zero in Rule 2.2.3.

8. The industry wishes to maintain a zero tolerance for Bacterial Ring Rot and Golden Nematode for production and trade purposes. As this is achievable the standard will remain at zero in Rule 2.2.4.

9. The Late Blight Quarantine applies to all imported seed potatoes. Rule 2.2.5 clarifies that imported seed potatoes must meet those requirements apart from any requirements in the Seed Potato Act and associated Rules.

10. Two years is the longest a seed lot could be used without certification or other testing so the record retention requirement in Rule 2.3.0 aligns with the time frame to provide documents for verification of compliance.

11. The Fruit and Vegetable Inspection Service’s current fee for non-mandatory inspections is $37.50. The Fruit and Vegetable Inspection Service conducts the inspections for compliance with the Act.

12. These amendments incorporate changes as a result of the Department’s Regulatory Efficiency Review Process. 13.3.1 Adopted April 13, 2016 - Effective April 13, 2016 This Emergency Rule amendment is proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Colorado Seed Potato Act (“the Act”) Sections 35-27.3-101 through 112, C.R.S., specifically, Sections 35-27.3-108(1)(b)(II)

The purpose of this proposed rule amendment is as follows:

1. Amend Part 2.2.2 to provide that if a postharvest test is not available in 2016 lots will be evaluated for eligibility for planting based on the second seed certification field inspection results for total viruses.

Factual and policy basis issues encountered when developing this Rule amendment:

1. The current Rules in Part 2.2.0 became effective on March 30, 2015 and applies to all seed potatoes planted after August 1, 2015. When these Rules were adopted they required all seed potatoes to undergo a postharvest test to be eligible to be planted in 2016 and subsequent years. The postharvest test is typically conducted by Colorado State University as part of the seed potato certification process.

2. Colorado seed potatoes are certified under rules and regulations promulgated by the Board Of Governors of the Colorado State University system in conjunction with the Colorado Certified Potato Growers Association. When Rule 2.2.2 of the Seed Potato Act was adopted, it was not clear that the Colorado certified seed potato growers rules only required that nuclear stock and Generation 1 seed potatoes be subjected to a postharvest test if the seed was to be sold. A large percentage of nuclear stock and Generation 1 seed potatoes are not sold but rather are retained to be planted by the producer in the next year. Therefore after production of the 2015 seed potato crop, very few lots of nuclear or Generation 1 seed potatoes were subjected to a postharvest test.

All other classes of seed potatoes (G2 – G6) that were requested for certification were subjected to postharvest testing.

3. Over 100 lots of nuclear stock and Generation 1 seed potatoes were not subjected to a postharvest test. Without a change to the Rule to allow these two classes of seed potatoes to be planted, almost two entire generations of seed potatoes would be lost and the resulting effect on the availability of seed potatoes to be planted in future years would be catastrophic. It could result in a shortage of certified seed potatoes or potato growers needing to import significant amounts of seed potatoes from other states.

4. This oversight was not noticed until early 2016, well after the postharvest tests could be completed. The alternative option proposed in this Rule to allow for the production of nuclear stock and Generation 1 seed potatoes to be planted if the second field inspection showed no more than 1% total virus provides adequate protection for other potato growers from these classes of seed as they are rarely infected with viruses at this level. 13.3.4 Adopted January 15, 2025 - Effective March 17, 2025 The amendments to these rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to the Commissioner’s authority under the Colorado Seed Potato Act, §§ 35-27.3-101 through 112, C.R.S., specifically, §§ 35-27.3-105(2)(b) and 35- 27.3-108(1)(b)(I), (II), and (IV).

Purpose The purpose of these proposed amendments is to:

1. Amend Part 2 to delete obsolete language.

2. Amend Part 3 to establish the sampling, testing, and approval requirements applicable to uncertified seed potatoes grown and stored as part of a grower’s farming operation that are more than one generation removed from certified or qualified parent potatoes and those uncertified seed potatoes that are no more than one generation removed from certification.

3. Also amend Part 3 to establish new sampling, testing, evaluation, and reporting requirements that will result in an annual standard for potato virus Y (“PVY”) that applies to all uncertified seed potatoes planted under § 35-27.3-105(2), C.R.S.

4. Amend Part 4 to clarify standards for uncertified potatoes planted under § 35-27.3- 105(2)(b), C.R.S., by rule.

5. Amend Part 5 to clarify the percentage of growers to be audited to be at least ten percent consistent with § 35-27.3-106(2)(a), C.R.S.

6. Amend Part 7 to clarify testing requirements for potatoes subject to an exemption request made under § 35-27.3-105(3), C.R.S.

7. Amend Part 8 to update the hourly inspection fee and delete irrelevant language.

8. Update numeric references and typographical errors as needed.

Factual and Policy Issues The factual and policy issues encountered when developing these rules include:

1. The Department held a hearing on the proposed rules on October 16, 2024. The Department heard oral testimony and received written comments from seed potato growers, commercial potato growers, legislators, and other industry members. These comments focused on the importance of addressing PVY in the San Luis Valley (“Valley”), including by regulating potatoes no more than one generation from certified or qualified parent potatoes (“Year-Out Potatoes); the circumstances under which a grower may plant uncertified seed potatoes; the testing and approval requirements applicable to uncertified seed potatoes planted under § 35-27.3-105(2)(a)(I) and § 35-27.3- 105(2)(a)(II), C.R.S.; and the timing surrounding implementation of the proposed rules.

2. Establishment of standards for Year-Out Potatoes is necessary because, to date, the Seed Potato Act (“Act”) exempted these potatoes from testing prior to planting, such that there were no disease standards applicable to Year-Out Potatoes. This exemption contributed to an apparent increase in percentage of potato fields infected with PVY.

3. During this rulemaking, including at least three meetings with industry stakeholders, members of the Colorado State University (“CSU”) Potato Certification Service, and representatives of the Colorado Potato Administrative Committee and the Seed Potato Advisory Committee, the Department learned that there was insufficient scientific data available to quantify PVY in Year-Out Potatoes in the Valley. Therefore, the Department cannot establish a disease standard for PVY without first collecting and analyzing disease prevalence data. Further, a single numeric standard is not dynamic or flexible enough to account for voluntary grower-led efforts or environmental changes that can reduce levels of PVY in the Valley organically.

4. The proposed Rules establish a process by which the Commissioner collects data on Year-Out Potatoes each year and, in consultation with the Seed Potato Advisory Committee, establishes a yearly standard for PVY based on that data.

5. The timeline for standard setting at Part 3.3 is closely tied to the growing season and provides growers with an ability to acquire certified or uncertified seed for planting in the event that a grower’s uncertified potatoes intended for planting under § 35-27.3-105(2), C.R.S., do not meet the annual standard established in Part 3.3.4.

6. Although the Department had proposed to delete standards applicable to uncertified potatoes more than one year removed from certification in Part 4, comments received at the hearing indicate that retaining such standards is important because uncertified potatoes intended for planting under § 35-27.3-105(2)(a)(I), C.R.S.—including when those potatoes are more than one generation removed from certification—may pose a different risk of disease than those uncertified Year-Out Potatoes planted under § 35- 27.3-105(2)(a)(II), C.R.S. As such, the Department is retaining the requirements for sampling and testing of uncertified potatoes more than one generation removed from certification in Parts 3.1.0 and 3.2.0 and retaining most standards in Part 4 for these same potatoes.

7. The proposed Rules make clear that the annual PVY standard set in Part 3.3.4 applies to all uncertified potatoes intended to be planted under § 35-27.3-105(2),C.R.S., regardless the generation. This will create consistency and avoid confusion.

8. When reviewing Part 4 of the Rules post-hearing, the Department identified that the reference to “paragraph 16.f” in CSU’s “Rules and Regulations for Certification of Seed Potatoes” was inaccurate. Therefore, the Department has revised Part 4.1.0 to update the necessary reference to post-harvest disease standards and to incorporate the relevant section of the “Colorado State University Colorado Potato Certification Service Rules and Regulations for Certification of Seed Potatoes” by reference as required by § 24-4-103(12.5), C.R.S.

9. Although the Department heard comment at the hearing that different testing and approval requirements apply to uncertified potatoes planted under § 35-27.3-105(2)(a)(I) versus (2)(a)(II), C.R.S., the Act makes no such distinction. The requirement at § 35- 27.3-105(2)(b)(I), C.R.S., that uncertified potatoes be submitted to the certifying authority for testing applies to all “uncertified potatoes” intended for planting under § 35-27.3- 105(2), C.R.S., regardless the generation of potato. Section 35-27.3-105(2)(b)(II),C.R.S., then requires that the certifying authority “approve the uncertified potato seed stock for planting if it meets the standards . . . established by the commissioner by rule.”

Consistent with that rulemaking authority, as well as the authority described at § 35-27.3- 108(1)(b)(IV), C.R.S., the proposed Rules differentiate the disease standards applicable to uncertified potatoes more than one generation from certification at Part 4.1.0 from the single PVY disease standard applicable to Year-Out Potatoes at Part 4.2.0.

10. Because the Act now requires that the certifying authority in Colorado test Year-Out Potatoes in addition to those uncertified potatoes already subject to testing, the certifying

authority in Colorado may incur laboratory delays due to increased volume of samples, which could make timely turnaround of results impossible given the timeline necessary to collect samples, return results, and establish a standard based on the same. Therefore, the proposed amendments at Part 3 permit the certifying authority to designate another laboratory or laboratories to complete the testing required by the Act.

11. During the most recent exemption year, the Department learned that many of the potatoes for which an exemption under § 35-27.3-105(3), C.R.S., was sought had already been tested for late blight and other quarantine diseases by the certifying authority as

part of the seed potato certification process. In such cases, where the certifying authority has already tested representative lots of uncertified potatoes, there is no need to require such testing a second time. Therefore, the proposed amendments to Part 7 clarify that potatoes that have already been tested during the exemption year do not need to be retested as part of the exemption request process.

12. The proposed amendments also reduce the tuber sample size in Part 3.0 from 400 to 200 throughout the Rules. The Department consulted with CSU’s Potato Certification Service to determine that a smaller sample size is less costly to analyze; is sufficient for analyzing PVY disease load; and presents less burden on the certifying authority from a storage perspective.

13. To harmonize the Act with fruit and vegetable inspection pricing structures, the proposed Rules increase the hourly inspection fee to $47 per hour in Part 8.1.1. _________________________________________________________________________

Editor's Notes

History Entire rule eff. 01/01/2012.

Parts 2.0, 4.0, 13.2.0 eff. 03/30/2014.

Entire rule eff. 03/30/2015.

Parts 2.2.2, 13.1.0.9), 13.3.1 emer. rules eff. 04/13/2016; expired 08/11/2016.

Parts 2.0-5.0, 7.0-8.0, 13.3.4 eff. 03/17/2025.

8 CCR 1203-23 Rules Pertaining to the Administration and Enforcement of the Industrial Hemp Regulatory Program Act {#sec-8-ccr-1203-23 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-23}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE INDUSTRIAL HEMP

REGULATORY PROGRAM ACT

8 CCR 1203-23 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Pursuant to the provisions and requirements of the Industrial Hemp Regulatory Program Act, Title 35,

Article 61, C.R.S., the following Rules are hereby promulgated to regulate the cultivation of Hemp:

Part 1 DEFINITIONS 1.1 “Act” means the Industrial Hemp Regulatory Program Act, Title 35, Article 61, C.R.S. 1.2 Approved Laboratories” means a laboratory certified by the Colorado Department of Public Health and Environment (CDPHE) that meets all standards of performance, personnel qualifications, operating procedures, analytical processes, proficiency testing, quality assurance, ISO accreditation and any other standard required by the Commissioner to meet State and Federal requirements for testing hemp. 1.3 “Biomass” means the material created once all flowers, buds, trichomes, leaves, stalks, seed, and plant parts from a lot are chopped or shredded in such a way as to create a homogenous, uniform blend of the lot from which the material originated. 1.4 “Certified Clones” are asexually propagated progeny identical to the stock plant and certified by the Association of Official Seed Certifying Agencies (AOSCA). 1.5 “Commercial” means the growth of Hemp, for any purpose including engaging in commerce, market development and market research, by any person or legal entity other than an institution of higher education under the pilot program administered by the Department for purposes of agricultural or academic research in the development of growing Hemp. 1.6 “Commissioner” means the Commissioner of Agriculture. 1.7 “Corrective Action Plan” means a plan proposed by a licensed hemp producer and approved by the Department to correct a negligent violation. 1.8 “Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully, or recklessly. 1.9 “Department” means the Colorado Department of Agriculture. 1.10 “Harvest” means the termination of the cultivation process, the movement of Hemp from a Registered Land Area to another location, or the movement of Hemp within a Registered Land Area between indoor and outdoor planting areas. Harvest does not include removal of plants as a result of poor plant health, pests, disease, or weather events, nor does it include removal of male or hermaphrodite plants as part of a cross-pollination prevention plan. 1.11 “Hemp” means a plant of the genus Cannabis Sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, containing a total delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent on a dry-weight basis. 1.12 “Hemp Greens” are the hemp leaves from immature plants that have been germinated from seed with the plants being no more than ten (10) inches tall, and not flowering at the time of removal of the leaves from the plant. 1.13 “Hemp Microgreens” means immature hemp seedlings for human consumption that are cut-off above the soil or substrate line, harvested prior to flowering and harvested not more than 14 days after germination. Hemp microgreens are typically between two (2) and three (3) inches in height, but not taller than five (5) inches. 1.14 “Hemp Mother Plants” are immature hemp plants with a THC concentration of 0.3% or less that are used for cloning purposes. 1.15 “Hemp Transplants” are hemp seedlings, rooted cuttings, immature plants produced from tissue culture, or other means of reproduction, that are harvested but transplanted into a larger container or field to mature for harvest. 1.16 “Immature Plant” means a hemp plant that is not flowering. 1.17 “Industrial use” means non-consumable use of hemp. 1.18 “Law Enforcement” means the activities of the federal, state and local law enforcement agencies responsible for maintaining public order and enforcing the law. 1.19 “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout the area. 1.20 “Negligence” means the failure to exercise the level of care that a reasonably prudent person would exercise in complying with the regulations set forth in the Industrial Hemp Regulatory Program Act, section 35-61-101, et seq., or the rules adopted pursuant thereto. 1.21 “Non-compliant hemp” means hemp that test results of which return with a Total THC level above the acceptable Total THC level. 1.22 “Performance-based sampling” means an alternative method and frequency of testing that will ensure, at a confidence level of 95 percent that the hemp plants tested with the alternative method will not test above the acceptable Hemp THC level. 1.23 “Planting” means the starting of the cultivation process including by planting seed, sticking cuttings, tissue culture, the transfer of plants moved into a Registered Land Area except for replanting into a larger container within the same Registered Land Area, and the emergence of volunteer plants that the Registrant intends to cultivate and not destroy. 1.24 “Registrant” means any individual or legal entity who holds a valid Registration to cultivate Hemp under these Rules and the Industrial Hemp Regulatory Program Act. 1.25 “Registration” means authorization by the Commissioner for any individual or legal entity to grow Hemp on a Registered Land Area. 1.26 “Registered Land Area” means a contiguous land area registered with the Department on which a Registrant plans to cultivate Hemp. A Registered Land Area may include land and buildings that are not used for cultivation. 1.27 “Remediation” means the process of rendering non-compliant hemp compliant. Remediation can occur by removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds. Remediation can also occur by shredding the entire plant into a biomass-like material. 1.28 “Research and Development (‘R&D’)” means cultivation of Hemp by an institution of higher education or other entity approved by the Department for purposes of agricultural or academic research in the development of growing Hemp. 1.29 “Variety” means a group of plants or an individual plant that exhibits distinctive observable physical characteristic(s) or has a distinct genetic composition. 1.30 “Volunteer plant” means a hemp plant that grows without any intentional cultivation or planting of hemp on the land where the volunteer plant emerges.

Part 2 REGISTRATION 2.1 Each applicant for a Commercial Hemp Registration must submit a signed, complete, accurate and legible application form provided by the Commissioner and receive, notification of registration from the Department prior to planting, which application will include, in part, the following information: 2.1.1 The name and address of the applicant and a list of all key participants, including the full name, title, and email addresses for each key participant. 2.1.2 Type of entity, such as corporation, LLC, partnership, or sole proprietor including the entity’s employee identification number, the principal business location address, telephone number, and e-mail address (if available). 2.1.3 The Secretary of State ID Number under which a corporate entity is doing business. 2.1.4 The legal description (Section, Township, Range) in which the growing area is located. 2.1.5 The global positioning system location coordinates taken at the approximate center of the Registered Land Area. 2.1.6 A map of the land area on which the applicant plans to cultivate Hemp, showing the boundaries and dimensions of the land area(s) whether in acres or square feet or both as appropriate. 2.1.7 Statement of any known intended use and varieties. 2.1.8 By submitting an application the Registrant acknowledges and agrees to the following terms and conditions: 2.1.8.1 The Registrant shall allow and fully cooperate with any inspection and sampling conducted by the Department. 2.1.8.2 The Registrant shall pay for any inspection and laboratory analysis costs that the Department deems necessary within 30 days of the date of the invoice. 2.1.8.3 The Registrant shall submit all required reports when due. 2.1.9 A Registrant must have the legal right to cultivate Hemp on the Registered Land Area and the legal authority to grant the Department and any authorized sampler access for inspection and sampling. 2.2 Each applicant for an R&D Hemp Registration shall submit a signed, complete, accurate and legible application form provided by the Commissioner prior to planting which includes the following information: 2.2.1 The name and address of the applicant. 2.2.2 Type of organization. 2.2.3 Organization name(s) if different from (2.2.1) above. 2.2.4 The legal description (Section, Township, Range) in which the growing area is located. 2.2.5 The global positioning system location coordinates taken at the approximate center of the Registered Land Area. 2.2.6 A map of the land area on which the applicant plans to cultivate Industrial Hemp, showing the boundaries and dimensions of the land area whether in acres or square feet or both as appropriate. 2.2.7 The Registrant’s URL to the website where it will share with the public or publish its research. 2.2.8 The scope and standard operating procedures for production of hemp in the research project, including a narrative of the planned research project. 2.2.9 The disposal plan for all hemp produced. 2.2.10 By submitting an application the Registrant acknowledges and agrees to the following terms and conditions: 2.2.10.1 The Registrant shall allow and fully cooperate with any inspection and sampling conducted by the Department. 2.2.10.2 The Registrant shall pay for any inspection and laboratory analysis costs conducted by the Department within 30 days of the date of the invoice including any costs assessed by any authorized sampler and the costs assessed by any laboratory for sampling the THC content of any sample taken. 2.2.10.3 The Registrant shall submit all required reports when due. 2.3 No person may cultivate any hemp in a proposed registered land area until the Commissioner has approved and issued a registration. 2.4 Registrations are non-transferable. 2.5 No Hemp plant may be included in more than one Registration simultaneously. 2.6 Except for R&D registrations, no Registered Land Area may contain non-compliant hemp plants or parts thereof that the Registrant knows or has reason to know are of a variety that will produce a plant that when tested will produce more than 0.3% total THC concentration on a dry weight

basis. No Registrant may use any such variety for any purpose associated with the cultivation of Hemp. 2.7 Each noncontiguous land area on which Hemp is grown must have a unique Registration. Any addition to a Registered Land Area must also have a separate Registration. 2.8 In addition to the application form, each applicant for a Registration must submit the Registration fee set by the Commissioner. If the Registration fee does not accompany the application, the application for Registration will be deemed incomplete. 2.9 The annual Registration fee for Commercial production of Hemp is $500 plus $5.00/acre outdoors or $3.00/1000 sq. ft. indoors. 2.10 The annual Registration fee for R&D production of Hemp is $500 plus $5.00/acre outdoors or $3.00/1000 sq. ft. indoors. Application fees for R&D registrations may be waived for institutions of higher education. 2.11 All Registrations shall be valid for one year from date of issuance. 2.12 All Hemp plant material must be planted, grown and harvested under a valid Registration. Any plant material that is not harvested in the Registration period in which it was planted and any volunteer plants that are not destroyed must be declared for inclusion in a subsequent Registration. 2.13 Any Registrant that wishes to alter the growing area(s) on which the Registrant will conduct Hemp cultivation for either Commercial or R&D purposes shall, before altering the area, submit to the Department an updated legal description, global positioning system location, and map specifying the proposed alterations. Amendments to an existing Registration are limited to changes within the original land area registered, including variety changes, location(s) of varieties, and actual acreage or square feet of each variety planted. 2.14 Incomplete applications will not be processed, and application fees will not be refunded if a Registration is not granted. 2.15 Any changes to contact information must be provided within 10 days of the change. 2.16 No Land area may be included in more than one Registration at the same time. 2.17 Plants grown for R&D cannot be moved into another registration.

Part 3 REPORTS AND RECORDS REQUIREMENTS 3.1 Within 10 days after planting any hemp and within 10 days after emergence of any volunteer hemp plants in a Registered Land Area that the Registrant chooses to cultivate and not destroy, each Commercial Registrant shall submit, on a form provided by the Commissioner, a Planting Report that includes: 3.1.1 A list or description of all varieties and intended use of hemp planted, or of volunteer hemp plants that have emerged and are not destroyed. 3.1.2 The global positioning system coordinates and a map showing the location and actual acreage or square feet of each variety of hemp planted, or of volunteer hemp plants that have emerged and are not destroyed. 3.1.3 A Planting Report must be submitted any time hemp is planted in, or moved into a Registered Land Area, except that replanting into a larger container within the same Registered Land Area does not necessitate a planting report. 3.2 At least 30 days prior to harvest, each Commercial Hemp Registrant shall submit a Harvest Report, on a form provided by the Commissioner that includes: 3.2.1 The harvest date(s) and location of each variety of Hemp cultivated within a Registered Land Area. 3.2.2 A Registrant must notify the Commissioner immediately of any changes in the reported harvest date(s) in excess of 5 days by submitting an Amended Harvest Report to the Department. If any such changes are made the Commissioner may require additional testing prior to harvest. 3.2.3 A Registrant who disposes of plants as a result of poor plant health, pests, disease, or weather events, along with removal of male or hermaphrodite plants as part of a crosspollination prevention plan is not required to document the removal of those hemp plants on a Harvest Report prior to such removal. 3.3 Within 10 days after planting any hemp, and within 10 days after emergence of any volunteer hemp plants in a Registered Land Area that the Registrant chooses to cultivate and not destroy, each R&D Registrant shall submit, on a form provided by the Commissioner, a Planting Report that includes: 3.3.1 A list or description of all varieties of hemp planted, or of volunteer hemp plants that have emerged and are not destroyed within a Registered Land Area. 3.3.2 The global positioning system coordinates and a map showing the location and actual acreage or square feet of each variety of any hemp planted, or of volunteer hemp plants that have emerged and are not destroyed, within a Registered Land Area. 3.3.3 A Planting Report must be submitted any time hemp is planted in, moved into or moved within a Registered Land Area, except for replanting into a container of the same size within the same indoor location. 3.4 At least 30 days prior to harvest, each R&D Hemp Registrant shall submit a Harvest Report, on a form provided by the Commissioner that includes: 3.4.1 The harvest date(s) and location of each variety cultivated within a Registered Land Area. 3.4.2 A Registrant must notify the Commissioner immediately of any changes in the reported harvest date(s) in excess of 5 days by submitting an Amended Harvest Report to the Commissioner. If any such changes are made the Commissioner may require additional testing prior to harvest. 3.4.3. A Registrant who disposes of plants as a result of poor health, pests, disease, or weather events, along with removal of make or hermaphrodite plants as part of a cross-pollination prevention plan is not required to document the removal of those hemp plants on a Harvest Report prior to such removal. 3.5 Each Commercial and R&D Registrant shall report to the Commissioner any changes to information provided in the Registration or any previously submitted reports, including any changes to the intended disposition, within 10 days of such change. 3.6 Registrants shall maintain records of all hemp plants acquired, grown, produced, handled or disposed of, including THC test results, of all hemp lots grown within all Registered Land Area(s). 3.7 All Registrants shall report hemp crop acreage to the Farm Services Agency of the United States Department of Agriculture (“FSA”) as set forth at USDA Crop Acreage Reporting (incorporated by reference herein, effective July 1, 2019). Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference are available for public inspection during regular business hours and may be obtained at a reasonable charge or examined by contacting the Plants Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: https://www.fsa.usda.gov/Assets/USDA-FSA- Public/usdafiles/FactSheets/2019/crop-acreage-reporting-19.pdf. 3.7.1 If the Registrant wishes to alter the land area on which the Registrant will conduct hemp cultivation or R&D growth operations, before altering the area, the Registrant shall submit the Department and the FSA an updated legal description, global positioning system location, and map specifying the proposed alterations. 3.8 Registrants shall retain such records and reports for three (3) years. 3.9 All records pertaining to Part 3.6 shall be made available for inspection by the Department and USDA inspectors, auditors, or their representative during reasonable business hours.

Part 4 INSPECTION AND SAMPLING PROGRAM 4.1 All Registrations are subject to routine inspection and sampling to verify that the total THC concentration of the hemp planted within a Registered Land Area does not exceed the acceptable Hemp THC level. 4.2 Except as set forth below in regard to performance-based sampling, all lots grown on a Registered Land Area must be sampled by the Department or an Authorized Sampler. Prior to the anticipated harvest, a Registrant must coordinate sampling of its hemp lots by contacting either an Authorized Sampler or the Department. 4.3 Samples from hemp plants must be collected within thirty (30) days prior to the anticipated harvest. 4.4 The Commissioner shall also conduct additional inspections and sampling to verify compliance with the reporting requirements of these Rules. A subset of Registrants will be randomly selected each year for records audit, inspection of premises, and sampling to ensure compliance of these rules. 4.5 A Registered Land Area may be subject to inspection and sampling prior to voluntary termination of the Registration or before its expiration date. 4.6 During any inspection or sampling, the Registrant or authorized representative shall be present at the growing operation, if possible. The Registrant or authorized representative shall provide the Department’s Inspector with complete and unrestricted access to all hemp plants, parts and seeds within a Registered Land Area whether growing or harvested, and all land, buildings and other structures used for the cultivation and storage of Hemp. 4.7 All hemp lots within a Registered Land Area must be sampled to ensure compliance with the Hemp Program. 4.7.1 Individual samples of each variety or lot of hemp must be sampled from the Registered Land Area. 4.7.2 The sampled material will be prepared for testing using protocols approved by the CDPHE Hemp Testing Laboratory Certification 5 CCR 1005-5 (incorporated by reference herein, effective April 14, 2021). Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference are available for public inspection during regular business hours and may be obtained at a reasonable charge or examined by contacting the Plants Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: https://www.coloradosos.gov/CCR/GenerateRulePdf.do?ruleVersionId=9408&fileName=5 %20CCR%201005-5 4.7.3 Quantitative laboratory determination of the total THC concentration on a dry weight

basis will be performed according to CDPHE’s standard operating procedures as set forth at 5 CCR 1005-5 (incorporated by reference herein, effective April 14, 2021). Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference are available for public inspection during regular business hours and may be obtained at a reasonable charge or examined by contacting the Plants Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: https://www.coloradosos.gov/CCR/GenerateRulePdf.do?ruleVersionId=9408&fileName=5 %20CCR%201005-5.. 4.7.4 A sample test result of a representative sample with a total THC concentration on a dry weight basis greater than the acceptable Hemp THC level shall be conclusive evidence that the lot represented by the sample is not in compliance with this Rule. At least one non-compliant hemp plant or part of a plant in the Registered Land Area contains a total THC concentration on a dry weight basis of more than 0.3% and that the Registrant of that Registered Land Area is therefore not in compliance with the Act. 4.7.5 Upon receipt of such a test result, the Commissioner may, among other disciplinary options, summarily suspend or revoke the Registration of a Hemp Registrant in accordance with the Act, these Rules, and section 24-4-104, C.R.S. 4.7.6 A Registrant shall not harvest the hemp prior to sample collection. 4.7.7 Harvested plant material may not leave the Registered Land Area prior to receiving sample results except when plant material is moved to storage outside of the Registered Land Area to prevent crop loss under the following conditions: 4.7.7.1 A registrant must maintain control and ownership of hemp stored outside of the Registered Land Area until receiving sample results. 4.7.7.2 A registrant must report to the Department the location of hemp stored outside of the Registered Land Area. 4.7.8 Individual samples of Hemp lots shall not be commingled with other lots during sampling or laboratory analysis. 4.7.9 Plants grown only for R&D cannot be moved to a commercial registration or enter into the stream of commerce. 4.7.10 Any Registrant with a lot that tests above the acceptable hemp THC level, but below 1.0 percent THC on a dry weight basis may choose to dispose of or remediate each such lot.

If a Registrant chooses to remediate, the Registrant may do so in one of the two following ways: 4.7.10.1 Separating and destroying flowers of plants found in non-complying lots within the RLA, while retaining stalks, leaves, and seeds; or 4.7.10.2 Blending the entire hemp lot to create a biomass. 4.7.11 If a Registrant elects to remediate any lot that is tested above the acceptable Hemp THC level, the Registrant must first request permission from the Department by submitting a Remediation and Disposal form to the Department to notify the Department of the Registrant’s chosen method of remediation, including the date by which the remediation will be complete. Upon approval from the Department, the Registrant may so remediate. 4.7.12 Any such request must be made within 10 days of the Registrant’s receiving the Remediation and Disposal form from the Department. 4.7.13 The Department will conduct remediation sampling or verification of any separation and destruction within 10 days of the remediation date reported to the Department pursuant to

rule 4.7.9. 4.7.13.1 Non-compliant hemp lots may be remediated by separating and destroying the flowers from the plants in the non-compliant lots, while retaining stalks, leaves, and seeds or by shredding the entire hemp plant to create a biomass. 4.7.13.2 Registrants must return a completed Remediation and Disposal form to the Department within ten (10) days of receiving the Remediation and Disposal form indicating the date of disposal or remediation. 4.7.14 No person may remediate any lot sample results that indicate a total THC content of 1.0 percent or greater. 4.7.15 Any lot that is tested with a total THC content of 1.0 percent of greater must be disposed of as follows: 4.7.15.1 By using DEA registered reverse distributor or law enforcement; or 4.7.15.2 On site at the farm or hemp production facility. 4.7.15.3 Disposal on site at the farm must occur as set forth by the Agriculture Marketing Services of USDA Hemp Remediation and Disposal Guidelines (incorporated by reference herein, effective January 15, 2021). Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference are available for public inspection during regular business hours and may be obtained at a reasonable charge or examined by contacting the Plants Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: https://www.ams.usda.gov/sites/default/files/media/HempRemediationandDispos alGuidelines.pdf. 4.8 A Registrant who produces Certified Seed or Certified Clones, is registered with an R&D registration, has produced hemp at or below the acceptable hemp THC level for the previous three years, who produces hemp microgreens, hemp greens, hemp transplants, and immature plants, or who produces hemp for grain or other industrial purposes may petition the Department for inclusion in the Department’s performance-based sampling program on a form provided by the Department, including as follows: 4.8.1 Certified Seed or Certified Clones: 4.8.1.1 Provide the Department with evidence of AOSCA certified seed or plant material label(s) in the form of the certified seed tag, including the total area (square feet or acres) planted. 4.8.1.2 Provide the Department with evidence of having planted AOSCA Certified Seed or AOSCA Certified Clones that have tested at or below the acceptable Hemp THC level for the previous three (3) years, including evidence that the Registrant will continue to use the same variety. 4.8.1.3 Registrants producing Certified Seed or Certified Clones are subject to random sampling. 4.8.2 Research and Development Registrants: 4.8.2.1 When hemp does not enter the stream of commerce, a Registrant may selfreport all total THC concentration test results so long as the Registrant permits the Department to inspect or audit the above documentation set forth in Parts 2.2.7 through 2.2.9. 4.8.2.2 Research institutions are exempt from pre-harvest sampling of hemp crops when they comply with 4.8.2.1 listed above. 4.8.3 A Registrant who has produced indoor or outdoor hemp to maturity from the same variety or strain for the previous three, consecutive years that, when tested by the Department or an authorized sampling agent, with results at or below the acceptable hemp THC level. 4.8.4 A Registrant who is producing hemp microgreens, hemp greens, hemp transplants, and immature plants is exempt by placing an averment on the application that: 4.8.4.1 Hemp transplants will be transferred only to the location at which these plants will grow to maturity and from which these plants will be harvested; and 4.8.4.2 Mother plants may be exempt from sampling after testing within the allowable hemp THC level. Otherwise, different strains of mother plants that are harvested or leave the Registered Land Area must be sampled. 4.8.5 Production for grain or other industrial uses may be exempt from testing of each lot but will be randomly sampled. 4.9 Fees and Costs 4.9.1 For all sampling conducted by the Department pursuant to these Rules, the Department will charge the Registrant $125 per inspection plus all laboratory costs associated with the inspection. 4.9.2 Registrants selected for inspection and sampling shall reimburse the Department for both the fees and costs incurred by the Department within 30 days of the date of invoice. 4.9.3 Registrant is responsible for paying all fees to approved samplers and third party labs. 4.9.4 The Registrant shall pay for any inspection and laboratory analysis costs, including the costs associated by any authorized sampler and the costs assessed by any laboratory for sampling the THC content of any sample taken. 4.10 Authorized Samplers 4.10.1 Any individual acting as an authorized sampler must possess a valid sampler registration and certification issued by the Commissioner. 4.10.1.1 Each authorized sampler shall complete and file with the Commissioner an application on a form furnished by the Commissioner which contains at a minimum the following: name, address, telephone number and any other information required on the form. 4.10.1.2 Each applicant for an authorized sampler certification shall take a yearly Department-approved sampler training course and pass an examination administered by the Department. 4.10.1.3 The Commissioner, or Commissioner’s designee shall administer a general training class on the authorized sampling and handling techniques according to protocols approved by the Commissioner. 4.10.2 The Commissioner may cancel an authorized sampler’s registration and certification or refuse to register or certify any person who has engaged in any of the following activities: 4.10.2.1 Consistent disregard for established and approved methods of sampling determined by the Department. 4.10.2.2 Failing or refusing to disclose a conflict of interest. 4.10.2.3 Tampering with samples to influence test results. 4.10.2.4 Purposeful commingling of sampled lots.

Part 5 VIOLATIONS/DISCIPLINARY SANCTIONS/CIVIL PENALTIES 5.1 In addition to any other violations of Title 35, Article 61, C.R.S., or these Rules, the following acts and omissions by any applicant or Registrant or authorized representative thereof shall constitute violations for which civil penalties up to $2,500 per violation and disciplinary sanctions, including denial of an application or summary suspension or revocation of a Registration, may be imposed by the Commissioner in accordance with §§ 35-61-107 and 24-4-104, C.R.S.: 5.1.1 Refusal or failure by an applicant, Registrant or authorized representative to fully cooperate and assist the Department with all aspects of the administration and enforcement of the Act and these Rules, including the application, registration, reporting, inspection and sampling processes. 5.1.2 Failure to provide any information required or requested by the Commissioner for purposes of the Act or these Rules. 5.1.3 Providing false, misleading, or incorrect information pertaining to the Registrant’s cultivation of Hemp to the Commissioner by any means, including but not limited to information provided in any application form, report, record or inspection required or maintained for purposes of the Act or these Rules. 5.1.4 Failure to submit any required report in accordance with Part 3. 5.1.5 Growing hemp that when tested is shown to have a total THC concentration greater than 0.3 percent on a dry weight basis. 5.1.6 Failure to pay fees assessed by the Commissioner for inspection or laboratory analysis costs. 5.1.7 Negligent violations include, but are not limited to: 5.1.7.1 Failure to provide a legal description of the land on which the producer produces Hemp. 5.1.7.2 Failure to obtain a Registration or other required authorization from the Commissioner. 5.1.7.3 Production of hemp with a total THC concentration exceeding the allowable limit, except that a producer who has made reasonable efforts to grow Hemp and whose non-compliant hemp does not have a total THC of more than 1.0 percent on a dry weight basis will not have committed a negligent violation. 5.1.8 Corrective actions for negligent violations include but are not limited to: 5.1.8.1 A date, set by the Commissioner, by which the producer shall correct the negligent violation. 5.1.8.2 Periodic reporting to the Commissioner, on a form provided by the Commissioner, on the Registrant’s compliance with the Act and Rules for a period not less than two years from the date of the negligent violation. 5.1.8.3 The Commissioner will conduct inspections to determine whether the Registrant has implemented the corrective action plan as submitted. 5.1.9 A producer that negligently violates the provision of these rules three times in a five-year period shall be ineligible to produce hemp for five years beginning on the date of the third violation. 5.1.10 Culpable Violations 5.1.10.1 Any person that materially falsifies any information contained in an application to cultivate hemp in Colorado shall be ineligible to receive a registration to cultivate hemp in Colorado. 5.1.10.2 If the Department determines that the producer has violated the plan with a culpable mental state greater than negligence, the Department will report the producer to the U.S and Colorado Attorneys General. 5.2 Felony Convictions 5.2.1 A person with state or federal felony conviction relating to a controlled substance is not eligible to receive a registration to cultivate hemp, and my not produce hemp, in Colorado for a period of ten (10) years from the date of the conviction. 5.2.2 A person who was lawfully growing hemp pursuant to a registration issued by the Department prior to December 20, 2018, and whose conviction for a state or federal felony relating to a controlled substance also occurred before that date shall not be denied a registration to cultivate hemp as set forth in Rule 5.2.1. 5.2.3 The Department’s determination regarding any such denial shall be based upon the results of the criminal background check of key participants as set forth in section 35-61- 104(1)(c), C.R.S.

Part 7 RESERVED

Part 8 APPROVED LABORATORIES 8.1 The Department will maintain a list of approved Hemp testing laboratories that are certified by the Colorado Department of Public Health and Environment. 8.2 Authorized samplers must submit Hemp samples for official analysis only to those approved Hemp testing laboratories identified by the Department, as set forth in Rule 8.1.

Part 9 STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 9.1 Adopted November 12, 2013 – Effective December 30, 2013 These rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act (the “Act”), §§ 35-61-104(5) and 35-61-105(2), C.R.S.

The purposes of these proposed rules are to:

1. Adopt a Part 1 setting forth definitions of specific terms used in these Rules.

2. Adopt Rules in Part 2 establishing a process for registering growers of industrial hemp and setting forth the information and fees required.

3. Adopt Rules in Part 3 establishing the information reporting requirements with which registrants must comply.

4. Adopt Rules in Part 4 establishing an inspection program to ensure compliance with the provisions of the Act and these Rules.

5. Adopt Rules in Part 5 creating conditional penalty waiver provisions for registrants whose industrial hemp crop THC content tests between 0.3% and 1.0% by dry weight.

6. Adopt Rules in Part 6 specifying violations of these Rules for which penalties may be imposed.

7. Senate Bill 13-241 authorized the creation of a program within the Department of Agriculture to regulate industrial hemp cultivation.

8. The bill created a nine-member advisory committee to work with the Department to develop rules establishing an Industrial Hemp Regulatory Program. This committee was appointed by Senator Gail Schwartz and Representative Randy Fischer.

9. The committee held three public meetings to determine what rules were necessary to implement this program and draft the appropriate language. The committee will continue to work with the Department to refine and update these Rules over the coming years, as well as review the testing protocols that Department staff is currently developing. 9.2 Adopted June 11, 2014 – Effective June 11, 2014 These emergency rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act (the “Act”), Sections 35-61-104(5) and 35-61-105(2), C.R.S.

The purposes of these proposed rules are to:

1. Adopt a registration time period of 30 days prior to planting with the elimination of the May 1 registration deadline.

2. Allow the Department to collect crop intended harvest date and disposition information 30 days prior to harvest, rather than 7 days prior to harvest.

3. Senate Bill 14-184 eliminated the May 1 deadline for program registration. The Department needs 30 days to process hemp applications.

4. The Department needs 3 -4 weeks to plan sampling. 9.3 Adopted August 5, 2014 – Effective September 30, 2014 These rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act The purposes of these proposed rules are to make permanent emergency rules effective June 11, 2014. Specifically, these amendments:

5. Adopt a registration time period of 30 days prior to planting with the elimination of the May 1 registration deadline.

6. Allow the Department to collect crop intended harvest date and disposition information 30 days prior to harvest, rather than 7 days prior to harvest.

7. Senate Bill 14-184 eliminated the May 1 deadline for program registration. The Department needs 30 days to process hemp applications.

8. The Department needs 3 -4 weeks to plan sampling. 9.4 Adopted February 11, 2015 – Effective March 30, 2015 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act The purposes of these proposed Rules are to:

9. Amend the definition of “Commercial” in Rule 1.2. to establish clear separation between the activities permitted under a Commercial registration and a Research and Development registration.

10. Amend the definition of “Law Enforcement” in Rule 1.7.

11. Adopt a new Rule 1.8 to define “Registrant.”

12. Adopt a new Rule 1.9 to define “Registration.”

13. Adopt a new Rule 1.10 to define “Registered Land Area” and delete the definition of “Growing Area.”

14. Amend the definition of “Research and Development” in Rule 1.11 to follow the 2014 Farm Bill language.

15. Adopt a new Rule 1.12 to define “Variety.”

16. Amend language referencing site and growing area(s) used throughout the Rules to reflect the above definition changes.

17. Amend language referencing sampling and analysis costs and add terms of payment used in Rules 2.1.7.3 and 2.2.7.3.

18. Separate language from Rule 2.2.5 and create Rule 2.2.6 for Rule language consistency between Commercial and Research & Development Rules format.

19. Create a new Rule 2.3 barring the transfer of ownership of a registration.

20. Create a new Rule 2.4 language barring registration of one plant under two registrations.

21. Create a new Rule 2.5 barring any cannabis plants other than Industrial Hemp on a registered land area.

22. Create a new Rule 2.6 to define what can be included in a single registration.

23. Amend registration fees in Rules 2.8 and 2.9 to cover the cost of administering the program.

24. Adopt a new Rule 2.11 to require harvest of all plants within a registration period. Allow for material that is planted under one registration to be included in subsequent registrations through declaration during registration.

25. Adopt a new Rule 2.13 limiting amendments to a registration.

26. Adopt a new Rule 2.13 regarding processing of applications.

27. Adopt a new Rule 2.14 requiring registrants to maintain current contact information with the Department.

28. Amend Rules 3.1.2 and 3.4.1 to require reporting of all plant material used in an Industrial Hemp registered land area.

29. Adopt new Rules 3.1.3 and 3.4.2 requiring registrants to report the intended use of all parts of the Industrial Hemp crop included in a registered land area.

30. Adopt new Rules 3.2 and 3.5 requiring reporting of the varieties and location of all Industrial Hemp planted in a registered land area.

31. Adopt a new Rule 3.5.3 requiring research and development registrants to verify that all the Industrial Hemp to be cultivated is reasonably believed to produce a crop with a THC of 0.3% or less on a dry weight basis.

32. Amend Rules 3.3.2 and 3.6.2 to require reporting of specific crop location information at least 30 days prior to harvest.

33. Adopt a new Rule 3.7 to require reporting of any changes in information previously submitted to the Department within 10 days.

34. Amend Rule 4.1 to allow sampling of all cannabis plants on a registered Industrial Hemp land area, allow sampling of up to 100% of the registrants, allow the Department to notify the registrant of inspection by methods other than certified mail, require registrants to contact the Department within 10 days of inspection notification and explain the consequence for failing to do so.

35. Amend Rule 4.2 to allow access to all cannabis material associated with a registration.

36. Amend Rules 4.3 and 4.3.1 to allow individual or composite sampling of all cannabis plants on a registered Industrial Hemp land area.

37. Amend Rule 4.3.2 to allow more valid scientific testing protocols.

38. Amend Rule 4.3.4 to include the updated language from existing Rule 4.3.4.1 and remove the term commercial so any registration found not in compliance could be suspended or revoked in accordance with C.R.S. 24-4-104.

39. Amend Rule 4.4.2 to set terms of payment to 30 days of invoice.

40. Amend Rule 5.1 to include the same 1.0% THC limit for a waiver from penalty as applied to commercial registrations.

41. Amend Rule 6.1 to clarify scope and add summary suspension language for clarity purposes.

42. Amend Rule 6.1.5 to include proper terminology for cannabis exceeding 0.3% THC.

43. The revised definitions for “Commercial” and “Research and Development” in Rules 1.2 and 1.11 are intended to establish a clear separation between the activities allowed under a Commercial registration and a Research and Development registration. All Industrial Hemp production activities not authorized by the 2014 Farm Bill Research and Development language, including all privately-conducted research and development, are covered by a commercial registration. In addition to private scientific research, this change in definitional language will allow research for competitive advantage or product development without limiting the sale or distribution of plant material used and produced under a commercial registration, similar to what commercial enterprises in other industries do for product development in a research division of a company. This Rule change meets the needs of registrants who have requested sale of material from their research and development registrations by aligning their research to be conducted under commercial registration without structurally changing their research practices.

44. Rule 1.7 is intended to clarify the broad scope of governmental agencies involved in law enforcement and eliminate unnecessary language about their activities.

45. Rules 1.8 and 1.9 are intended to define the difference between a person or entity who has been granted approval from and the authorization to grow Industrial Hemp on a specific site.

46. Rule 1.10 creates a definition for an area registered to grow Industrial Hemp that includes property the registrant may want to include that is not a growing area.

47. Rule 1.12 creates a definition for plants used in the Rules that clarifies registration, planting and harvest requirements. The definition is also necessary for delineation purposes during sampling.

48. The changes in Rules 2.1, 2.2, 3.1, and 3.4 are needed to make the language in those Rules consistent with other language in the Rules.

49. Amending the language in 2.1.7.3 and 2.2.7.3 is intended to standardize the terminology with that used in Part 4, clarify the costs for which a registrant is responsible, and set the terms of payment which are not currently specified . This clarification is necessary because some registrants have delayed payment of fees until another registration is granted or until they have negotiated individual payment terms, creating administrative confusion and increasing program costs.

50. Separating the requirements in Rule 2.2.6 and 2.2.5 improves consistency with 2.1.6 and 2.1.5 for ease of Rule readability.

51. The prohibition in Rule 2.3 on the transfer of registration is necessary to facilitate inspection and sampling and to prevent the transfer of registrations to persons or entities who would not otherwise qualify for a registration due to previous sanctions and penalties. This also closes a potential loophole through which a legally acquired Industrial Hemp registration could be transferred to another individual for purposes of evasion in growing or transporting of Marijuana.

52. Rule 2.4 is necessary to avoid confusion when a registrant holds multiple registrations.

This Rule will enable the Department to accurately identify, inspect and sample all of the plants grown under a specific registration.

11. Under Article XVIII, Section 16 of the Colorado Constitution (Adopted by voters as “Amendment 64”) “Industrial Hemp” is defined and regulated separately from “Marijuana”.

The Department therefore has no legal jurisdiction over cannabis that contains more than 0.3% THC on a dry weight basis because it is constitutionally defined as Marijuana and not Industrial Hemp. The Department thus does not have the authority to grant the possession or use of any cannabis material above 0.3% THC within its Industrial Hemp registration program; all such material is regulated as Marijuana under the authority of the Department of Revenue. Rule 2.5 is necessary to prevent the use or presence of plant material in a registered land area that would be outside the Department of Agriculture’s jurisdiction. The proposed Rule language does not limit the right to possess or conduct Marijuana research but does prevent Marijuana material from knowingly being used under the Industrial Hemp program by excluding it from the area the registrant has agreed is dedicated to Industrial Hemp.

12. Rule 2.6 defines what may be included in a single registration. The change is necessary to track registration sites, what is planted on a registered land area and ensure accurate testing can be done. The current system has created administrative issues as registrants have added sites miles away from existing registrations during the growing season and cancelled growing areas registered under the same registration, creating situations where it has become difficult to track where plant material currently is being grown for inspection purposes. These changes in registrations have also increased the cost of program administration as the Department attempts to track sites currently registered to grow Industrial Hemp. The Rule does not limit the registrants ability to stagger planting within a registered land area. The Rule is also intended to facilitate the establishment of an equitable fee structure to self-fund the program as mandated in the Act.

13. The Department is proposing to increase the fees in Rule 2.8 and 2.9 to comply with the self-funding mandate set forth in Section 35-61-106 (2), C.R.S. Current fees have generated less than 20% of the necessary revenue to support the program. Section 35- 61-106 (2), C.R.S., limits the sources of revenue to registration fees and land area.

Leaving registration fees at current levels would require per acre fees to exceed $55. The new registration fee structure was developed to equitably generate sufficient revenue to self-fund the program at current registration levels. The fees for Commercial and Research & Development registrations were set at the same level so as not to favor either type of registration or disadvantage research for competitive advantage conducted under a commercial registration.

14. Section 35-61-104(3), C.R.S. defines the effective period of a valid registration to one year. To regulate the program it is necessary for plant material to be registered before planting as required in Rules 2.1 and 2.2. To insure that all plant material is regulated under a valid registration and therefore protected under Section 35-61-102(2), C.R.S.,

Rule 2.11 was created to clarify the requirement to harvest within a registration and add language necessary for the perpetuation of genetics.

15. Rule 2.12 is necessary to prohibit the expansion of a registration outside of the original land area described in the application for registration. Without this limitation it is very difficult and time consuming for the Department to track plant material to a registration or ensure compliance with planting reports. Registrants have used the current amendment language to establish new growing sites and assume sites originally registered to another registrant. The current system allowing registrants to add new locations through amendments without cost has significantly increased the administrative costs of the program which must be passed on to all registrants.

16. Rule 2.13 insures that the cost to process an application incurred by the Department prior and regardless of whether a registration is issued are not passed along to other registrants should a registration not be granted. Under Section 35-61-106(2), C.R.S., the Commissioner is required to collect fees to cover all of the program’s costs, including those associated with applications that are denied.

17. The Department has spent considerable resources trying to contact the registrants after registration due to changes in contact information. This has increased administrative costs for the program. Rule 2.14 requires registrant contact information remain current so the Department can contact registrants regarding sampling and inspection without added administrative costs. Some registrants have changed their contact information including mailing address, e-mail address and phone numbers to evade requests by the Department to conduct inspections.

18. Rules 3.1.2 and 3.4.1 require a registrant to disclose all plant material intended for use in a registered land area to be disclosed. This is necessary to enable the Department to confirm that all plant material used within a land area registered with the Industrial Hemp program is of a type and variety that will produce plants with a THC content not to exceed 0.3% on a dry weight basis.

19. Rules 3.1.3 and 3.4.2 are necessary to facilitate the inspection and sampling of Industrial Hemp grown in the program. The Industrial Hemp inspection is done by a limited number of inspectors who also inspect multiple other programs for the Department. To accomplish inspections required for all the programs considerable planning and coordination occurs months prior to the need to facilitate optimum use of inspection staff and control costs.

20. The requirement of a planting report in Rules 3.2 and 3.5 is necessary for the Department to determine what fields have actually been planted so we can determine what fields may need inspection, allocate resources for inspection, collect variety information to support a seed certification program and collect agronomic data on the crop to determine economic value to the state.

21. Rule 3.5.3 is intended to ensure that research and development registrants plant material that they reasonably believe will not exceed 0.3% THC on a dry weight basis and that all material used in the research project is included in the planting report.

22. Rules 3.3.2 and 3.6.2 are necessary for the Department to determine what will be harvested compared to what was actually planted, identify gaps, and schedule inspections appropriately. This will also allow the Department to collect harvest data to determine the size of the final crop and document crop size developments for economic purposes.

23. Rule 3.7 is necessary to ensure that the Department has the most current information on all registrants so that it can effectively plan inspection resources and monitor industry developments.

24. The change in Rule 4.1 allowing sampling of up to 100% of registrants is necessary to accommodate the July 1, 2014 statutory change allowing year round registration while still conducting an effective inspection program including testing in the event an unanticipated violation is reported or suspected. The amended language also eliminates the exemption from testing after two years which could prevent the Department from retesting registrants with prior violations in a timely or effective manner. The current language has the potential for abuse by registrants who have been tested for two years and thus could grow Marijuana without concern of inspection the third year.

The amended language in Rule 4.1 with respect to notice of inspection allows the Department to communicate with the registrants in a method agreed to with the registrant or deemed effective from previous communications with the registrant. The use of certified mail has allowed some registrants to see the Department is sending them communication and avoid signing for it in an effort to evade inspection notification. In other cases the address provided has been returned as undeliverable via certified mail and the registrant has asked for an e-mail or phone call so they can comply.

The time period for response to notification was changed from 30 days after notification to 10 days to allow the Department to determine harvest timing and arrange for inspections. The 30 days hampered the Departments ability to coordinate inspections of multiple sites increasing the inspection travel costs for the registrant as harvest in many cases was more immediate once the registrant replied.

25. Registrants have agreed under Rule 2.5 not to include plant material known or that should reasonably be known will exceed 0.3% THC on a registered land as terms of registration. This amended section of 4.2 is necessary to support, verify and enforce Rules 2.5, 3.1.2, 3.4.1, 4.1, 4.3, and 4.3.1.

The changes to Rule 4.2 are necessary to allow the Department to inspect all plants in the registered land area. Registrants have used the current Rule language to assert that some plants used by them for cultivation of Industrial Hemp cannot be tested by the Department because they are Marijuana that is being grown for personal use or under a Medical Marijuana card application. The amendments to Rule 4.2 are necessary to verify compliance with Rules 2.5, 3.1.2, 3.4.1, 4.2, 4.3, and 4.3.1 which prohibit the presence or use of Marijuana within a land area registered for the cultivation of Industrial Hemp.

26. The amended language in Rules 4.3 and 4.3.1 allows all cannabis material grown in a land area under an Industrial Hemp registration to be sampled. It allows the Department or registrant to determine if a specific plant or group of plants is to be sampled. This amended language allows the Department to work with Industrial Hemp breeding projects where sampling every individual plant would be cost prohibitive to a registrant and could effectively destroy a breeding program if all plants were selected for inspection.

27. The amended language in Rule 4.3.2 clarifies a procedural process that inaccurately represented scientific methodology. Samples are divided after preparation for testing so that the two samples are of the same composite make up.

28. The amended language in Rule 4.3.4 clarifies the legal effect of tests results that exceed 0.3% THC for both commercial and research and development registrants.

29. The amended language in Rule 4.4.2 is for administrative purpose. Registrants have used the lack of clear terms of payment in Rule as a negotiation point to make payment plans for services or delay payment until a new registration is needed.

30. Amending Rule 5.1 to include an upper THC limit in plant material used in research and development is necessary to ensure programs are not knowingly using Marijuana with a high THC content under an Industrial Hemp registration.

31. The amendment to Rule 6.1 clarifies that a registration may be summarily suspended in appropriate circumstances under 35-61-107 and 24-4-104, C.R.S.

32. The amendment to Rule 6.1.5 conforms with the changes to other Rules prohibiting the presence or use of plant material that exceeds 0.3% THC on a registered land area.

33. These amendments incorporate changes as a result of the Department’s Regulatory Efficiency Review Process. 9.5 Adopted February 10, 2016-Effective March 30, 2016 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act 1. Adopt a new Rule 1.2 defining “CDA Approved Certified Seed”.

34. Adopt a new Rule 1.6 defining “Harvest”.

35. Adopt a new Rule 2.1.8 requiring Registrants to have all legal rights necessary to cultivate Industrial Hemp on a Registered Land Area.

36. Amend language in Rule 2.11 to clarify the process for material that is perpetuated from one Registration to another Registration.

37. Adopt a new Rule 2.15 clarifying that land area cannot be covered by more than one Registration.

38. Amend Rules 3.1, 3.2, 3.3, 3.4, 3.5 and 3.6 to require reports be submitted on a form provided by the Commissioner.

39. Amend Rules 3.2 and 3.5 to address reporting of any volunteer Cannabis plants that the Registrant chooses to cultivate rather than destroy.

40. Adopt Rules 3.2.3 and 3.5.3 specifying when submission of a Planting Report is required.

41. Adopt Rules 3.3.3 and 3.6.3 requiring notification to the Commissioner of any changes to the reported harvest date of more than 5 days.

42. Adopt a new Rule 4.2 to allow the Commissioner to do additional inspection or sampling to confirm compliance with the Act and Rules.

43. Adopt a new Rule 4.3 to allow for inspection or sampling of a Registered Land Area that is voluntarily exiting the program.

44. Amend Rule 4.5.4 to clarify the legal limits where law enforcement has jurisdiction.

45. Adopt a new Rule 4.6 to allow reduced testing for Registrants who plant CDA Approved Certified Seed.

46. Adopt a new Rule 5.3 to establish a time period for requesting a waiver.

47. Adopt a new Part 7 to allow the Department to approve varieties of Industrial Hemp as CDA Approved Certified Seed and establish fees to cover the costs of the program.

48. Make non-substantive edits with respect to wording and capitalization changes throughout to improve consistency and readability.

49. The definition in Rule 1.2 of “CDA Approved Certified Seed” is intended to establish the term used in the development of a seed program to assist Industrial Hemp growers to purchase seed that is known to produce mature plants that will not exceed 0.3% THC.

50. The definition in Rule 1.6 of “Harvest” is intended to clarify when reporting to the Department is required and assist Industrial Hemp growers in meeting the reporting requirements.

51. Rule 2.1.8 is intended to ensure that the Department has the ability to inspect and sample land areas Registered in the Industrial Hemp Program and ensure that Registrants understand their obligations when entering into land lease agreements.

52. Rule 2.11 will allow Registrants the ability to carry plant material over from one Registration that is expiring into another Registration. The Rule will allow plant material to finish its life cycle under a new Registration rather than requiring premature harvest under the Registration period in which it was planted. This will allow perpetuation of parent stock for breeding purposes.

53. Rule 2.15 will ensure the Department has the ability to determine which Registration covers the plant material on a Registered Land Area and can apply any sanctions that may occur only to the Registration the plants are cultivated under.

54. The Amendments to Rules 3.1 through 3.6 requiring use of forms provided by the Department will ensure that the information reported by Registrants is complete and consistent.

55. The amendments to Rules 3.2 and 3.5 allow for the Registration and cultivation of volunteer plants so long as they are reported within 10 days of emergence. This provision allows growers to register volunteer plants on land areas on which Industrial Hemp was previously grown.

56. Rules 3.2.3 and 3.5.3 are intended to clarify for Registrants how to document the movement of plant material within or into a Registered Land Area. This facilitates the movement of young plant material to final growing locations.

57. Rules 3.3.3 and 3.6.3 provide growers a 10 day window for harvest. This recognizes the harvest date may vary due to factors beyond a Registrant’s control such as weather events.

58. Rule 4.2 clarifies that the Department has the authority to conduct inspections and sampling in addition to the routine inspection and sampling described in Rule 4.1 when the Department determines that it is necessary to ensure compliance with the Act and Rules.

59. Rule 4.3 ensures that a Registrant cannot avoid inspection and sampling through early termination of their Registration.

60. Rule 4.5.4 was changed to clarify that 0.3% delta-9 THC concentration is the legal limit of the Program and does not limit the Departments ability to reach out to law enforcement when appropriate circumstances arise.

61. Rule 4.6 will allow the Department to set testing protocols for fields planted with CDA Approved Certified Seed that differ from the protocols for fields planted with non-certified seed. Registrants who plant CDA Approved Certified Seed will not be subjected to inspection and testing fees unless inspections establish that the variety planted was not the same variety as indicated on the Planting Report.

62. Rule 5.3 sets a reasonable time for a Registrant to indicate his desire to exercise the waiver provisions set forth in Rule 5.1 and 5.2. The Rule is necessary to ensure the Department can communicate with law enforcement the timeliness of actions the Registrant is taking to destroy the crop should he chose to exercise the waiver.

63. Under Rule 7.1 a variety of seed to be certified must first undergo testing conducted by the Department to verify that it will consistently produce mature plants with a delta-9 THC concentration at or below 0.3% on a dry weight basis. These trials will be conducted in various regions in the state to ensure stability across the different growing environments in the state. Varieties approved by the Department may be certified by Colorado State University or the authorized seed certifying agency of another state when produced under certified field standards.

64. Rules 7.2 and 7.3 establishes the mechanism for equitably funding the CDA Approved Certified Seed program between the breeder applicants and Registrants. This is intended to encourage the development of CDA Approved Certified Seed while also recognizing the economic benefits to Registrants of planting CDA Approved Certified Seed. 9.6. Adopted February 8, 2017 -Effective March 30, 2017 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act (the “act”), Sections 35-61-104(5) and 35-61-105(2), C.R.S.

The purpose of these proposed Rules are to:

1. Amend the definition of “CDA Approved Certified Seed” in Rule 1.2.

2. Amend the definition of “Harvest” in Rule 1.6 to add the common language used to define the term “Harvest”.

3. Amend Rules 2.1.6, 2.2.6, 3.1.2 and 3.4.2 to remove premature requirement for submitting a variety location map.

4. Amend Rules 3.2.2 and 3.5.2 to move the variety location requirements to a more appropriate time when the Registrants can comply.

5. Amend Rule 3.5.3 to exempt reporting of changes in growing container except for larger sizes.

6. Adopt Rules 3.3.4 and 3.6.4 to allow the removal of unwanted male Cannabis plants prior to harvest without submitting a Harvest Report.

7. Amend Rule 4.2 to include both present and past tense of potential violations as cause for inspection.

8. Amend Part 6 to expand the scope of the obligation to cooperate and assist the Department to all aspects of the administration and enforcement of the Act and these Rules.

9. Amend Rule 7.1 to clarify the requirements for CDA Approved Certified Seed.

10. Adopt Rules 7.1.1, 7.1.2, 7.1.3 and 7.1.4 to add clarity to the CDA Approved Certified Seed process.

11. Make typographical, grammatical, and non-substantive changes throughout for clarification.

12. Rule 1.2 was amended to clarify that the term “CDA Approved Certified Seed” is specific to seed lots that meet the program standards and not just the variety name.

13. The definition of “Harvest” in Rule 1.6 was amended to clarify that this term includes the normal and common practice of reaping a mature plant.

14. The map requirements under Rules 2.1.6, 2.2.6, 3.1.2 and 3.4.2 as part of their Pre- Planting requirement required premature reporting by Registrants. Realigning the time of reporting to the Planting Report in Rules 3.2.2 and 3.5.2 allows Registrants to accurately report their final planting locations at the appropriate time.

15. Amending Rule 3.5.3 to reduce the reporting burden for normal occurrences of the growing such as broken pots while still allows for the Department to adequately regulate the cultivation and growing cycle.

16. The removal of unwanted male plants is a common practice in breeding programs and all female plant production. New Rules 3.3.4 and 3.6.4 accommodate and facilitate this industry practice by eliminating the need to file unnecessary Harvest Reports for discarded male plants within some specific parameters.

17. Amend Part 6 to reflect the equal importance of cooperation and assistance by an applicant or registrant with all aspects of the administration of the program. This will help ensure the Commissioner has all information necessary to ensure compliance with the Program requirements.

18. The amendment to Rule 7.1 identifies CDA Approved Certified Seed as seed that will produce mature plants that will not exceed the .3% delta-9 tetrahydrocannabinol concentration standard. The Rule distinguishes CDA Approved Certified Seed from other certified seed not approved by the CDA for which the mature plants’ delta-9 tetrahydrocannabinol concentration has not been verified in CDA trials conducted across the state.

19. Rule 7.1.1 establishes a system through a variety review board to ensure that the investments in breeding and the intellectual property rights of breeders are protected.

Breeders entering a variety must be able to demonstrate ownership of the variety to a panel of experts by identifying unique characteristics that distinguish their entry from other varieties.

9. Rule 7.1.2 ensures that the information submitted to the variety review board accurately represents the variety when viewed in the field and ensures integrity in the process.

10. Rule 7.1.3 ensures the same production practices used in other agricultural crops are applied to CDA Approved Certified Seed lots to ensure purity and trueness to type.

11. The labeling requirement in Rule 7.1.4 provides consumer confidence and easily identifies seed being purchased as true to type and pure, and verifies that mature plants of this variety have not surpassed the .3% delta-9 tetrahydrocannabinol concentration limit in CDA trials conducted across the state. 9.7. Adopted February 22, 2018 – Effective April 15, 2018 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act (the “act”), Section 35-61-104(5), C.R.S.

12. Amend and clarify the definitions of “commercial” and “research and development”.

13. Amend the definition of “harvest” to add the common language used to define the term “harvest” to include the practice of taking cuttings.

14. The changes to Rule 4.7.2 are necessary to recapture language that was inadvertently deleted during the last rulemaking.

15. Amend Rule 7.3 to require reporting on a form provided by the Commissioner in order for the Department to capture additional information as deemed necessary by the certified seed program.

Factual and policy basis 1. To clarify the language in 1.3 and 1.12 and make it consistent with the implementation of the program.

2. The definition of “harvest” was amended to clarify that this term includes the normal and common practice of harvesting cuttings.

3. Add language that was intended to be included in Rule 4.7.2 and was inadvertently deleted during the last rulemaking.

4. The amendment to Rule 7.3 allows the Department to track varietal identity entering into the certified seed program. 9.8. Adopted February 13, 2019 – Effective March 30, 2019 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to his authority under the Industrial Hemp Regulatory Program Act (the “Act”), § 35-61-104(5) and 35-61-105(2) C.R.S.

The purposes of these proposed Rules are to:

1. Adopt a new Rule 1.9 to define “Planting,”

2. Amend Rule 2.1.2 to clarify that an entity can be a business or an individual.

3. Amend Rules 2.1.6 and 2.2.6 to clarify that both outdoor acres and indoor square feet should be included on the required map.

4. Amend Rule 2.2.2 by removing the types of businesses.

5. Amend Rule 2.2.3 by removing the term “Business.”

6. Amend Rule 2.2.4 to mirror correct language as written in Rule 2.1.4.

7. Amend registration fees in Rules 2.8 and 2.9 to cover the cost of administering the program. Amend Rule 2.9 to clarify that the application fee for an institution of higher education may be waived.

8. Adopt Rules 3.2.4 and 3.5.4 to document requirements for CDA Approved Certified Seed plantings on Planting Reports.

9. Amend Rules 3.3.3 and 3.6.3 to clarify harvest reporting requirements.

10. Amend Rules 3.3.4 and 3.6.4 to clarify when a Harvest Report does not need to be submitted.

11. Amend Rule 4.1 to change the requirement for disciplinary action.

12. Amend Rule 4.7 to include “costs” along with fees.

13. Amend Rule 4.7.1 to a fee that adjusts the inspection fee to a set amount.

14. Amend Rule 4.7.2 to clarify when fees and costs are due.

15. Amend Rule 7.1.1 to conditional approval with the Colorado Seed Growers Association, pending the Department’s validations of THC level and trueness to type.

16. Adoption of Rule 7.4 allows CDA to identify CDA Approved Certified Seed production fields at the time of application.

Factual and Policy basis 1. The definition of “Planting” in Rule 1.9 clarifies that “Planting” includes all phases of the various types of cultivation practices, voluntary plant emergence, and plant movement including within Registered Land Areas and to Registered Land Areas. This rule is necessary to clarify when a Planting Report must be submitted. 2 Amended rule 2.1.2 deletes the word “business” before the word “entity”. This rule is necessary to clarify that a sole proprietor is an entity but not necessarily a business entity.

3. Amendments in Rules 2.1.6 and 2.2.6 clarify that an application for a Registered Land Area that includes both outdoor acreage and indoor square feet must include a map that shows the boundaries and dimensions of both the outdoor acreage and indoor square feet. The term “Registered” is deleted clarifying that a land area is not registered until a Registration is issued. The term “grow” replaces “cultivate” in accordance with generally accepted agricultural practices. These revisions are necessary because they provide accuracy in rule language which is good practice and contributes to program integrity.

4. Amendments in Rule 2.2.2. clarify that a business is not the type of organization that is issued a Research and Development Registration. This rule is necessary to clarify that non-commercial organizations such as institutions of higher education are issued Research and Development Registrations.

5. Amended language in Rule 2.2.3 deletes the term “business” as business organizations are not issued Research and Development Registrations. This Rule is necessary to clarify that the name of an organization on a Research and Development Registration cannot be a business organization.

6. Amended language in Rule 2.2.4 is a housekeeping correction that makes the language consistent with Rule 2.1.4.

7. The Department is proposing to increase the fees provided in Rules 2.8 and 2.9 for indoor square feet from $.33/1000 square feet to $3.00/1000 square feet. Under § 35-61- 106(2) C.R.S. the Commissioner is required to collect fees to cover all of the program’s costs including those associated with indoor grow areas that generate multiple reports.

Amended Rule 2.9 allows the Department to waive the application fee for a Research and development registration for an institution of higher education in an effort to encourage research and development.

8. Adoption of Rules 3.2.4 and 3.5.4 are necessary for the CDA to track and recognize plantings of CDA Approved Certified Seed.

9. Amended language in Rules 3.3.3 and 3.6.3 clarifies that reporting a change in harvest date must be done by submitting an “Amended Harvest Report”. Rules 3.3.3 and 3.6.3 also clarify that if a change in harvest date is submitted and the crop is sampled this may require that the Registrant retain possession and control of the crop in its harvested form until the Department receives test results. This rule is necessary because it prevents material from entering the stream of commerce pending test results.

10. The removal of both unwanted male and female plants is a common practice in breeding programs and a common production practice. Amended Rules 3.3.4 and 3.6.4 are necessary in order to accommodate and facilitate this industry practice of eliminating infested and unwanted plants.

11. Amended Rule 4.1 changes the disciplinary action from mandatory to allowing the Department discretion to work with a Registrant.

12. Amend Rule 4.7 to include “Costs” along with Fees is a non-substantive edit that clarifies

Rule 4.7.

13. Amended Rule 4.7.1 allows the Department to set a statewide fee to cover inspection costs more equitably.

14. Amended Rule 4.7.2 clarifies that inspection fees and laboratory costs are due to the Department within 30 days of invoice.

15. Rule 7.1.1 establishes a system through a variety review board (Colorado State University Seed Certification or Association of Seed Certifying Agencies) to ensure that the investments in breeding and the intellectual property rights of breeders are protected.

Breeders entering a variety must be able to demonstrate ownership of the variety to a panel of experts by identifying unique characteristics that distinguish their entry from other varieties. This rule is necessary to clarify that the variety review board will only conditionally approve the variety(s) prior to CDA validation of THC level.

16. Adoption of Rule 7.4 requires a member of the Colorado Seed Growers Association who intends to grow CDA Approved Certified Seed to provide on a form approved by the Commissioner to identify and track where the seed will be grown. 9.9. Adopted June 9, 2021 – Effective July 30, 2021 These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture (“CDA”) pursuant to their authority under the Industrial Hemp Regulatory Program Act (the “Act”), § 35-61-104(5) and 35-61-105(2) C.R.S.

The purposes of these proposed Rules are to align Colorado’s hemp program with Federal law and Colorado SB 20-197, effective September 1, 2020. Generally, the proposed changes include updating the text to remove typographical and other errors, non-critical spelling and grammatical errors.

Specifically, the proposed changes to each of the parts are as follows:

1. Changes to Part 1, Definitions, to conform definitions within these rules to revisions made to the Industrial Hemp Regulatory Program Act and to USDA’s Domestic Hemp Production Program.

2. Changes to Part 2 to identify additional information that USDA’s Domestic Hemp Production Program requires a state agency with primary regulatory authority over the production of hemp to gather from registrants.

3. Changes to Part 3 to remove the references to the non-existent certified seed program.

Removing 3.3.4, as it was an exception to harvest reporting that is no longer applicable.

Finally, add specific identification of what records a registrant must maintain, how long those records must be maintained, and what agencies must be permitted access to those records.

4. Changes to Part 4 to conform the rule to the USDA’s Domestic Hemp Production Program, including that 100 percent of all Registrants must be tested and that all lots grown at a Registered Land Area must be tested. Further revisions to Part 4 establish a random inspection program to comply with USDA’s Domestic Hemp Production Program.

The proposed changes to 4.6.5 through 4.6.7 establish that a producer may not harvest prior to sample collection and establish restrictions with what a producer may do with the producer’s hemp after sampling and before receiving results and after receiving sample test results that show the tested hemp is above the Acceptable Hemp THC level. Part 4.6.8 provides specific restrictions against commingling hemp from any other lots during sampling or laboratory analysis. Changes to 4.7.1 contemplate that the department will not test all registrants and, therefore, must collect the testing fee from each one sampled.

The addition of Part 4.8 establishes the authorized sampler program, including to provide for authorized sampler training, testing, registration, and cancelation of registrations.

5. Changes to Part 6 to establish the three specific violations that result in a producer’s having committed a violation negligently. As well, the new rules provide that any producer who has committed a negligent violation must submit to a correction action plan. The proposed change identifies the elements necessary to be part of any such corrective action plan. Finally, the proposed changes to Part 6 identify the increased penalties to any person who commits a violation with a culpable mental state greater than negligence.

6. Delete Part 7 to reflect that Hemp Seed Certification is no longer a provision contemplated by Colorado’s Industrial Hemp Regulatory Program Act. Seed certification rests under the authority of the Colorado Seed Growers Association and Colorado State University.

7. Addition of Part 8 to identify that a list of testing laboratories will be maintained that the Colorado Department of Public Health and Environment have certified to conduct hemp testing in Colorado. The addition of Part 8 also requires that authorized samplers, as approved by the Department, must submit their sample results only to those laboratories that the Colorado Department of Public Health and Environment has certified.

Changes to state and federal law constitute the factual issues that required the proposed changes to this rule.

In 2018, the US Congress amended the Agricultural Marketing Act of 1946, the Agricultural Improvement Act of 2018, Pub. L. 115-334 (the “2018 Farm Bill”). The 2018 Farm Bill legalized the production of hemp nationwide and offered states and tribes that wanted the authority to regulate the production of hemp within their borders to submit individual plans to USDA pursuant to rules USDA would adopt.

In 2019, Colorado’s General Assembly amended the Industrial Hemp Regulatory Program Act to authorize the Commissioner to submit a hemp management plan in accordance with the 2018 Farm Bill. The General Assembly further authorized the Commissioner to consult with stakeholders, including local governments and state and federal and law enforcement agencies and required the Commissioner to consult with private industry. Throughout 2019, the Commissioner, by means of the Colorado Hemp Advancement and Management Plan (CHAMP) met with representatives of all the permissive and required stakeholders to gather information related to the development of industrial hemp in Colorado and to prepare to submit a state plan after USDA issued its rules.

In October 2019, USDA issued an interim final rule, and in 2020 Colorado’s General Assembly again amended the Industrial Hemp Regulatory Program Act by means of SB 20-197 to comport to USDA’s Interim Final Rules. In January 2021, USDA issued its final rule.

The proposed rules represent the Commissioner’s response to revised federal and state requirements as well as her response to stakeholder input and involvement throughout the development process.

Senate Bill 20 -197 aligned Colorado’s Industrial Hemp Program with Federal law. Rules were developed to further clarify and communicate with registrants and stakeholders regarding compliance with Federal law.

The Department considered comments received at its May 25, 2021, rule-making hearing. In consideration of the relevant comments, the Department provides the following. First, the Department will engage in subsequent rule-making upon USDA’s approval of Colorado’s submitted state plan. That rule-making will, in part, address the comment to make a Registrant’s failure to report to the Farm Services Agency a violation of law; consider rules regarding third party samplers; and implement alternative and performance-based sampling. While the Department is aware of proposed legislation currently before Colorado’s General Assembly, the Department will not promulgate changes to these rules to implement proposed statutory changes.

The Department will await the bill’s passage to be able to respond completely to all statutory changes. Use of the general word “cannabis” in parts of the rule is specific and intentional to distinguish those plants of the genus Cannabis Sativa L. Whose THC content is unknown from those whose THC content is known to be at or below 0.3 percent THC and thus “hemp.” With regard to the suggestion to amend 4.6.6 to include a reference to a total THC concentration of 0.3 percent on a dry-weight basis, that is unnecessary in light of Rule 4.6.7. Finally, the five-year penalty for those who have committed three negligent violations of the law in a five-year period is required by USDA’s Final Rule and may not be adjusted at the state level. 9.10. Adopted November 10, 2021 – Effective December 31, 2021 The Commissioner of Agriculture of the Colorado Department of Agriculture (“CDA”) adopts these rules pursuant to her authority under the Industrial Hemp Regulatory Program Act (the “Act”), §§ 35-61-104(5) 35-61-105(2), 35-61-105.5(2)(a), 35-61-113(1), and 35-61-113(2)(a) and (c), C.R.S.

The purposes of these Rules are to align Colorado’s hemp program with federal law, including 7 CFR 990, which became effective January 19, 2021. Generally, the changes to these rules align Colorado’s regulatory processes under the Industrial Hemp Regulatory Program with the federal law to ensure Colorado’s compliance with federal law and Colorado’s state plan to regulate hemp in Colorado, which USDA-AMS approved in July 2021. USDA’s final rule for its “Domestic Hemp Production Program” created new opportunities for states to involve authorized samplers, to permit remediation of hemp that tested above the acceptable hemp THC level, and to authorize on-farm disposal of cannabis that tested above the acceptable hemp THC level and above the 1.0 percent THC on a dry-weight basis threshold.

In June 2021, the Department submitted its proposed plan to USDA-AMS, which plan USDA- AMS approved in July 2021, the “State Plan.” With the Department’s submission of its State Plan, the Department identified rules that it would change in its fall rule-making to authorize the Department and Commissioner to regulate Colorado’s production of hemp consistently with federal law and Colorado’s approved State Plan.

Specifically, the proposed changes to each of the parts are as follows:

1. Changes to Part 1, Definitions, add definitions and conform existing definitions to revisions made to the Industrial Hemp Regulatory Program Act and to USDA’s Domestic Hemp Production Program.

2. Changes to Part 2 identify additional information that USDA’s Domestic Hemp Production Program requires a state agency with primary regulatory authority over the production of hemp to gather from registrants and removes unnecessary statements related to reporting of confidential business information to law enforcement. Specific to these changes, the Department makes clear that no person may cultivate hemp in a proposed registered land area until the Commissioner has approved, and noticed the registrant of such approval, of a registrant’s application to cultivate hemp.

3. Changes to Part 3 reduce and streamline the information a registrant must submit to the Department to reduce the paperwork burden on registrants and the Department where the Department recognized that information is duplicative or unnecessary. Further, changes in Part 3 permit a registrant to cultivate a registered land area to remove plants that have been affected by poor health, pest, disease, or weather events and to remove hermaphrodite plants without requiring any harvest report to the Department. Finally, Part 3.7 requires registrants to file acreage reports, including reports of changes to acreage reports, with the Farm Services Agency of the United States Department of Agriculture to comply with the requirements in Colorado’s State Plan and USDA’s Domestic Hemp Production Program.

4. Changes to Part 4 conform the rule to the USDA’s Domestic Hemp Production Program, including that all hemp must be sampled prior to harvest and that a registrant must coordinate such sampling by contacting an Authorized Sampler or the Department. Part 4 also introduces CDPHE’s testing laboratory protocols and CDPHE’s laboratory and testing standard operating procedures. Part 4 also clarifies that the Commissioner may exercise disciplinary actions, including suspension or revocation of a registration, for test results that are above the acceptable hemp THC level. Part 4 further introduces both remediation and disposal options and guidelines to permit registrants whose crop tests above the acceptable hemp THC level either to remediate or dispose of a non-compliant crop and sets forth the Department’s standards for post-remediation sampling to ensure that remediated product tests at or below the acceptable hemp THC level. Finally, Part 4 establishes the Department’s new performance-based sampling program, which identifies the categories of registrants who may, at the time of application for registration, petition the Department for inclusion in a sampling program that does not require 100 percent testing of all lots grown.

5. The Department removed the original Part 5 because introduction of the remediation and disposal options in Part 4 obviates the need for any kind of waiver from suspension or revocation.

6. The new Part 5 includes USDA’s mandatory statements regarding culpable violations and articulates the effect of any felony conviction among any of a registrant’s key participants.

Changes to state and federal law constitute the factual issues that required the proposed changes to this rule.

In 2018, the US Congress amended the Agricultural Marketing Act of 1946, the Agricultural Improvement Act of 2018, Pub. L. 115-334 (the “2018 Farm Bill”). The 2018 Farm Bill legalized the production of hemp nationwide and offered states and tribes that wanted the authority to regulate the production of hemp within their borders to submit individual plans to USDA pursuant to rules USDA would adopt.

In October 2019, USDA issued an interim final rule, and in 2020 Colorado’s General Assembly again amended the Industrial Hemp Regulatory Program Act by means of SB 20-197 to comport to USDA’s Interim Final Rules. In January 2021, USDA issued its final rule, and the Department submitted its state plan to USDA-AMS in June 2021, including provisions of the rules that the Department would amend, consistent with its statutory authority, to comply with USDA’s final rule.

The proposed rules represent the Commissioner’s response to revised federal and state requirements as well as her response to stakeholder input and involvement throughout the development process.

The Department has considered comments received in conjunction with this rule-making, both those taken as testimony at the hearing on the rule and those received in written form on the proposed rule, and has revised the rule as follows.

Commenters requested that the Department use only the term “hemp” and exclude the general term “cannabis” from this rule set. Based on this recommendation, the Department has added a new definition for “non-compliant hemp” and exchanged the term “cannabis” for either “hemp” or “non-compliant hemp,” dependent on the context where the terms are used.

One comment requested that Rule 2.2 be changed to strike “at least 30 days” from the language regarding submission of R&D registration. The Department agrees that the language should be consistent with applications for cultivation of commercial hemp and has, therefore, stricken the language.

The Department received a request to amend proposed rule 4.7.7 to accommodate the possibility that growers may need to transport harvested plant material off the RLA prior to receiving hemp sample test results. The Department agrees that producers may need to move such material for storage to prevent crop loss and amended 4.7.7 to reflect that possibility while including that the registrant must continue to maintain control and ownership of the material and must report to the Department the location of the storage area.

Commenters requested that the three, consecutive years required under rule 4.8.3 be changed to three, consecutive growth cycles to accommodate indoor grows that may have more than one cycle per year. The Department has considered this request and has determined to keep the requirement at three, consecutive years for an equitable application of the performance-based sampling at this time.

Several commenters requested that the Department modify its felony exemption language in rule 5.2 to mirror USDA’s final rule exactly. The Department considered this option when promulgating this rule and decided to require that growers who had a felony conviction prior to December 20, 2018, must also show that they had registered to grow hemp in Colorado before December 20, 2018. The Department maintains this requirement because there is no federal database that the Department may access to confirm a registrant’s statement that it had been lawfully registered in a state other than Colorado. _________________________________________________________________________ Editor’s Notes

History New rule eff. 12/30/2013.

Parts 2, 3, 9.2 emer. rules eff. 06/11/2014.

Parts 2, 3, 9.2-9.3 eff. 09/30/2014.

Entire rule, Part 9.4 eff. 03/30/2015.

Entire rule, Part 9.5 eff. 03/30/2016.

Entire rule, Part 9.6 eff. 03/30/2017.

Parts 1.3, 1.6, 1.12, 4.7.2, 7.3, 9.7 eff. 04/15/2018.

Entire rule, Part 9.8 eff. 03/30/2019.

Entire rule, Part 9.9 eff. 07/30/2021.

Rules 4.1, 9.10 emer. rules eff. 08/10/2021; expired 12/08/2021.

Entire rule, Part 9.10 eff. 12/31/2021.

8 CCR 1203-24 QUARANTINE IMPOSED AGAINST ALL LIFE STAGES OF THE EMERALD ASH BORER (AGRILUS PLANIPENNIS, FAIRMAIRE) AND HOSTS OR POSSIBLE CARRIERS OF EMERALD ASH BORER [Repealed eff. 12/30/2019] {#sec-8-ccr-1203-24 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-24}

DEPARTMENT OF AGRICULTURE

Plant Industry Division QUARANTINE IMPOSED AGAINST ALL LIFE STAGES OF THE EMERALD ASH BORER (AGRILUS PLANIPENNIS, FAIRMAIRE) AND HOSTS OR POSSIBLE CARRIERS OF EMERALD ASH BORER PURSUANT TO THE COLORADO PEST CONTROL ACT - Repealed eff. 12/30/2019 8 CCR 1203-24 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose Adopted November 15, 2019 - Effective December 30, 2019 Statutory Authority The Commissioner of the Colorado Department of Agriculture (“CDA”) proposes the repeal of these Rules pursuant to her authority under the Pest Control Act (the “Act”), §§ 35-4-110 and 116, C.R.S.

Purpose The purpose of this rulemaking is to repeal the Rules and Regulations Pertaining to the Administration and Enforcement of the Quarantine Imposed Against all Life States of the Emerald Ash Borer (Agrilus plannipennis, Fairmaire) and Hosts or Possible Carriers of Emerald Ash Borer Pursuant to the Colorado Pest Control Act (“EAB Quarantine”).

Factual and Policy Basis The factual and policy issues encountered when developing the repeal of the EAB Quarantine include:

1. Emerald ash borer cannot be eradicated.

2. The original goal of the EAB Quarantine was to slow the spread of all life stages of EAB in order to give cities and communities outside the Quarantine area time to prepare for its arrival.

3. Although the spread of EAB has been slowed by combining quarantine restrictions, education efforts, biological controls, pesticide applications, and reliance on Colorado’s climate, the Quarantine cannot and does not control flight of adult beetles across Quarantine boundaries.

4. On July 29, 2019, the Broomfield City Forester collected a beetle from a neighborhood within the city limits of Broomfield, outside the current Quarantine area. Colorado State University entomologists confirmed that the insect was an emerald ash borer (Agrilus plannipennis, Fairmaire)

5. Businesses, property owners, and cities within the Quarantine area have expended significant costs to comply with the EAB Quarantine. For example, Boulder and Longmont estimate that the cost of Quarantine compliance has been between $120,000 and $155,000 over the past five years, while arborists estimate that compliance has cost an average of $125,000/company over the past five years due to increased dump fees, extra grinding of wood chips, and decreased efficiencies incurred to comply with Quarantine restrictions.

Plant Industry Division 6. Compliance costs are passed on to Boulder County property owners.

7. The cost of expanding Quarantine boundaries does not produce any benefit when the quarantined pest cannot be fully contained or eradicated.

8. Elimination of Quarantine boundaries will allow for unrestricted movement of ash wood to recycling centers and other disposal sites within Colorado. Unimpeded movement of infested wood will foster more reuse and recycling options to account for an increased stream of ash wood.

9. The original EAB Quarantine has served its purpose and is no longer needed. Biological controls, pesticide use, and education regarding best management practices are more cost effective ways to manage EAB in the future. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 11/12/2013.

Entire rule eff. 03/02/2014.

Entire rule repealed eff. 12/30/2019.

8 CCR 1203-26 The Use of Pesticides in the Cultivation of Retail Marijuana {#sec-8-ccr-1203-26 omnilex-key=us-co-regs-official--department-1--8 CCR 1203-26}

COLORADO DEPARTMENT OF AGRICULTURE

8 CCR 1203-26

THE USE OF PESTICIDES IN THE CULTIVATION OF RETAIL MARIJUANA [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1 Construction of Terms, Definitions and Incorporations by Reference.

As used in these Rules, unless the context otherwise requires: 1.1. “Human Consumption” means the consumption of marijuana by a person through oral ingestion, absorption through the skin or inhalation through smoking, vaporization or other means. 1.2. “Pest” as defined in section 35-10-103(9), C.R.S., of the Pesticide Applicators’ Act, 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 man or in other living animals) which the Commissioner or the administrator of the Environmental Protection Agency declares to be a pest. 1.3. “Pesticide” as defined in section 35-10-103(10), C.R.S., of the Pesticide Applicators’ Act, 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. 1.4. “Plant regulator” as defined in section 35-10-103(11), C.R.S., of the Pesticide Applicators’ Act, 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. 1.5. “Retail Marijuana” means marijuana cultivated under a license issued by the Colorado Department of Revenue, pursuant to Title 12, Article 43.4, C.R.S. 1.6. “Tolerance” means a level of pesticide residue in or on food that the Environmental Protection Agency has determined with reasonable certainty will not pose a hazard to public health when used in accordance with label directions. 1.7. “Use” as defined in section 35-10-103(18), C.R.S., of the Pesticide Applicators’ Act, means all aspects of the handling of pesticides, including but not limited to the mixing, loading, application or administration, spill control, and disposal of a pesticide or its container. 1.8. Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference in these Rules is available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Pesticide Section Chief, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: 40 C.F.R., Part 172 (2017): https://www.ecfr.gov/cgi-bin/textidx?SID=6ac65677c44bba253a0d63b16ed45e72&mc=true&node=pt40.26.172&rgn=div5 40 C.F.R., Part 180 (2017: https://www.ecfr.gov/cgi-bin/textidx?SID=0eee3cbc0a72651b5b0bf97fd64abd54&mc=true&node=pt40.26.180&rgn=div5 40 C.F.R., 152.25 (2017): https://www.ecfr.gov/cgi-bin/textidx?SID=0eee3cbc0a72651b5b0bf97fd64abd54&mc=true&node=pt40.26.152&rgn=div5#se40.26 .152_125

Part 2 Use of Pesticides 2.1. Both state and federal laws require that pesticides be applied according to label directions. As

part of the directions for use, labels for pesticides intended for use on plants specify the crops and/or sites to which they can be applied. In addition, the Environmental Protection Agency sets tolerances that limit pesticide residues in or on food to ensure with a reasonable certainty that no harm will result from aggregate exposures. Certain pesticides however, may be exempted from this tolerance requirement if the Environmental Protection Agency has determined that use in accordance with their label directions poses no hazard to public health. As of the effective date of these Rules, there are currently no pesticides that are specifically labeled or have pesticide residue tolerances established for use on marijuana by the federal government or the state of Colorado. The Colorado Department of Agriculture does not recommend the use of any pesticide not specifically tested, labeled and assigned a tolerance for use on marijuana because the health effects on consumers are unknown. 2.2. Notwithstanding the absence of any pesticides specifically labeled for use on marijuana, some pesticides have broad label language that does not prohibit their use on marijuana and are exempt from the tolerance requirements. These Rules set forth the criteria under which certain pesticides may be legally used on Retail Marijuana in the State of Colorado. To assist Retail Marijuana growers, the Department will publish a list of pesticides that it has determined meet these criteria. 2.3. Any pesticide used in the cultivation of Retail Marijuana must be registered with the Colorado Department of Agriculture, except for purposes of research and demonstration conducted in accordance with 40 CFR Part 172 (2017)(as incorporated herein by reference). 2.4. Any pesticide registered with the Colorado Department of Agriculture may be used in accordance with its label or labeling directions for the cultivation of Retail Marijuana in the State of Colorado under the following conditions: 2.4.1. For products registered by the Environmental Protection Agency under Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act: 2.4.1.1. All active ingredients of the pesticide product are exempt from the requirements of a tolerance, as established under 40 C.F.R. Part 180, Subparts D and E (2017) (as incorporated herein by reference), and; 2.4.1.2. The pesticide product label allows use on the intended site of application. The term “site” for purposes of this Rule includes any location or crop to which the application is made, and; 2.4.1.3. The pesticide product label expressly allows use on crops or plants intended for human consumption, and; 2.4.1.4. The active ingredients of the pesticide product are allowed for use on tobacco. 2.4.2. Notwithstanding Part 2.4.1.3, the Commissioner has the authority to permit the use of a pesticide product, that does not expressly allow use on crops intended for human consumption if: 2.4.2.1. The active and inert ingredients are exempt under 40 C.F.R. Part 180, Subparts D and E (2017) (as incorporated herein by reference), and; 2.4.2.2. The pesticide product label allows use on the intended site of application, and; 2.4.2.3. The active ingredients of the pesticide product are allowed for use on tobacco by the Environmental Protection Agency. 2.4.3. The pesticide product label specifically allows use on marijuana. 2.4.4. For 25(b) minimum risk pesticide products as defined in 40 CFR 152.25(f) (2017) (as incorporated herein by reference), the pesticide product label allows use on the intended site of application and allows use on crops or plants intended for human consumption. 2.4.5. For pesticide products with a Colorado Special Local Need registration, issued under

section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act; the Colorado Special Local Need label allows use on marijuana. 2.5. The Commissioner may prohibit the use of any pesticide product for the cultivation of Retail Marijuana if he determines that such use poses a significant threat to public health and safety or the environment.

Parts 3-5 Reserved

Part 6 Statements of Basis, Specific Statutory Authority and Purpose 6.1. Adopted November 9, 2016- Effective December, 30, 2016 Statutory Authority These Rules are being promulgated pursuant to section 24-20-112(1), C.R.S., in accordance with Executive Order D 2016-009.

Purpose of These Rules The purpose of these Rules is to implement the statutory directive set forth in section 24-20-112(1)

C.R.S., as specified in Executive Order D 2016-009, to designate the criteria for determining which pesticides may be used in the cultivation of Retail Marijuana.

Factual Basis and Policy Issues 1. Section 24-20-112(1) C.R.S., requires the government to designate a state agency to promulgate rules to establish the criteria for determining which pesticides may be legally used in the cultivation of Retail Marijuana.

2. Executive Order D 2016-009 assignes this responsibility to the Colorado Department of Agriculture.

3. On March 30, 2016, the Colorado Department of Agriculture adopted Rules under the Pesticide Applicators’ Act governing the use of pesticides for the cultivation of all Cannabis, published at 8 CCR 1203-2.

4. These Rules, which pursuant to section 24-20-112(1), C.R.S., apply only to Retail Marijuana, set forth the same criteria established for all Cannabis in the Pesticide Applicators’ Act Rules. 6.2. Adopted February 22, 2018 – Effective April 15, 2018 Statutory Authority These Rules are being promulgated pursuant to § 24-20-112(1), C.R.S., in accordance with Executive Order D 2016-009.

Purpose The purpose of these Rules is to add required provisions to incorporate federal statutory provisions by reference pursuant to § 24-4-103(12.5)(a), C.R.S. Specifically, these Rules:

1. Amend the title to Part 1 of the Rule to include “Incorporation by Reference”.

2. Amend Part 1 by adding a new Rule 1.8 to address the incorporation by reference provisions.

3. Amend Rules 2.4.1.1, 2.4.2.1, and 2.4.4 by updating the edition date of the cited Code of Federal Regulations (“C.F.R.”).

4. Amend Rule 2.3 to allow the use of unregistered pesticides in the cultivation of retail marijuana for research and demonstration purposes only.

Factual and Policy Issues The factual and policy issues encountered when developing these Rules include:

1. On November 9, 2016, the Commissioner adopted Rules in accordance with Executive Order D 2016-009 to establish criteria for determining which pesticides may be legally used in the cultivation of Retail Marijuana. In this Rule the Department referenced the C.F.R.

2. On November 6, 2017, the Department was notified by the Office of Legislative Legal Services that the Department’s C.F.R. references incorporated into Rule did not comply with the requirements of § 24-4-103 (12.5)(a), C.R.S.

3. The proposed Rule changes amend the title of Part 1 to add “Incorporations by Reference” and add a new Rule 1.8 to meet required provisions to incorporate by reference set forth in § 24-4- 103 (12.5)(a), C.R.S.

4. Rules 2.4.1.1, 2.4.2.1, and 2.4.4 are amended to update the C.F.R. edition date to meet required provisions of incorporate by reference as set forth in § 24-4-103 (12.5)(a), C.R.S.

5. On November 9, 2016, the Commissioner adopted Rules that outlined the criteria for which pesticides may be applied in the cultivation of retail marijuana. Specifically, Rule 2.3 limited the use of pesticides in the cultivation of retail marijuana to registered pesticides only. In May 2017, HB 1367 was passed to allow marijuana cultivators and other persons to conduct research and demonstration activities related to pesticide use on marijuana. Research and demonstration activities are for the purpose of developing data on currently unregistered pesticides or pesticides that are not registered for a specific use. The Department proposes to amend Rule 2.3 to allow the use of unregistered pesticides in the cultivation of retail marijuana for research and demonstration purposes in accordance with the intent of HB 1367 and 40 C.F.R. Part 172. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2016.

Entire rule eff. 04/15/2018.

1204 Markets Division

8 CCR 1204-1 MILK AND MILK PRODUCTS [Repealed eff. 08/30/2004] {#sec-8-ccr-1204-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-1}

DEPARTMENT OF AGRICULTURE

Markets Division MILK AND MILK PRODUCTS - Repealed eff. 08/30/2004 8 CCR 1204-1 _________________________________________________________________________ Editor’s Notes

History Repealed eff. 8/30/2004.

8 CCR 1204-2 WHEAT [Repealed eff. 08/30/2004] {#sec-8-ccr-1204-2 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-2}

DEPARTMENT OF AGRICULTURE

Markets Division WHEAT - Repealed eff. 08/30/2004 8 CCR 1204-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

8 CCR 1204-3 APPLES [Repealed eff. 08/30/2004] {#sec-8-ccr-1204-3 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-3}

DEPARTMENT OF AGRICULTURE

Markets Division APPLES - Repealed eff. 08/30/2004 8 CCR 1204-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

8 CCR 1204-4 PEACHES [Repealed eff. 09/30/1998] {#sec-8-ccr-1204-4 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-4}

DEPARTMENT OF AGRICULTURE

Markets Division PEACHES - Repealed eff. 09/30/1998 8 CCR 1204-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

8 CCR 1204-5 POTATOES [Repealed eff. 08/30/2004] {#sec-8-ccr-1204-5 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-5}

DEPARTMENT OF AGRICULTURE

Markets Division POTATOES - Repealed eff. 08/30/2004 8 CCR 1204-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

8 CCR 1204-7 RULE PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO AQUACULTURE ACT (Recodified as 8 CCR 1201-21 eff. 01/30/2009) {#sec-8-ccr-1204-7 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-7}

DEPARTMENT OF AGRICULTURE

Markets Division

RULE PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO

AQUACULTURE ACT (Rule recodified as 8 CCR 1201-21)

8 CCR 1204-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 06/30/2008. Rule recodified as 8 CCR 1201-21.

8 CCR 1204-8 Rules and Regulations Pertaining to the Administration and Enforcement of the Colorado Agricultural Marketing Act of 1939 {#sec-8-ccr-1204-8 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-8}

DEPARTMENT OF AGRICULTURE

Markets Division RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO AGRICULTURAL MARKETING ACT OF 1939 8 CCR 1204-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1.

The fiscal year for the Marketing Order Regulating the Handling of Wheat Grown in the Counties of Colorado covered by the Order, issued May 5, 1958, and as amended on May 27, 1959, June 1, 1988, and March 16, 1992, shall begin July 1, and of each year and end June 30 of the following year.

Part 2. Statement of Basis and Purpose 2.1. Adopted June 26, 1992 – Effective July 30, 1992 The following rules and regulations are hereby promulgated under the authority of the Colorado Agricultural Marketing Act of 1939, 35-28-113 (4), C.R.S. (House Bill 92-1044). This rule establishes a fiscal year beginning July 1 of each year and ending June 30 of the following year for the Wheat Marketing Order, said marketing order having been established pursuant to 35-28- 107 (1), C.R.S. (1984).

House Bill 92-1044 requires in Section 2 that the commissioner of agriculture establish a fiscal year for the Wheat Marketing Order after consideration of recommendations by the board of control of such order. Said board of control has recommended a fiscal year beginning July 1 of each year and ending June 30 of the following year. 2.2. Adopted April 11, 2018 – Effective May 30, 2018 The purpose of these amendments is to reformat the rule to make it consistent with other Department rules. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/30/2018.

8 CCR 1204-9 Rules Pertaining to the Small Food Business Recovery and Resiliency Grant as Part of the Community Food Access Program {#sec-8-ccr-1204-9 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-9}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE SMALL FOOD BUSINESS RECOVERY AND RESILIENCY GRANT AS

PART OF THE COMMUNITY FOOD ACCESS PROGRAM

8 CCR 1204-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Definitions 1.1. “Agriculture” means the science and art of production of plants and animals useful to humans, including, to a variable extent, the preparation of these products for human use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production. 1.2. “Advisory Committee '' means the committee created in section 35-1-117(3)(b)(i), C.R.S., to recommend to and assist the Department with the development of grant applications for the Grant Program, a disbursement timeline for the grants; a rubric to evaluate grant applications, the evaluation of grant applications, and awarding grant money to eligible recipients. 1.3. “Award Period” means the period of time during which the Department will receive applications in support of Grant Awards from the Grant Program and includes the Department’s time to process such applications. 1.4. “Awardee” means an applicant for a Grant Award that has been offered, or has received, a Grant Award from the CFA Grant Program. Also known as a beneficiary for purposes of SLFRF funding. 1.5. “BIPOC” means Black, Indigenous and People of Color. Pronounced “bye-pock,” this is a term specific to the United States, intended to center the experiences of Black and Indigenous groups and demonstrate solidarity between communities of color. 1.6. “Commissioner” means the Commissioner of Agriculture or the Commissioner’s designee. 1.7. “Community Food Access Program (CFA Program or Program)” means the program created in

section 35-1-117, C.R.S., to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small-food retailers through grants and the Consortium. 1.8. “Community Food Consortium (Consortium)” means the community food consortium created in

section 35-1-117(8)(a), C.R.S., to support small-food retailers and Colorado-owned and Colorado-operated farms by connecting them to resources, subsidizing distribution fees, and performing value chain coordination. 1.9. “Department” or “CDA” means the Colorado Department of Agriculture created in section 35-1- 103, C.R.S. 1.10. “Direct Impact” means an increase in the distribution or sale of healthy food for a LILA community, or lowered price of healthy food for a LILA community, which can be reasonably attributed as an output from a Grant Award. 1.11. “Eligible Use” means an applicant’s or Awardee’s expense that qualifies as: 1.11.1. a necessary operating expense; 1.11.2. costly equipment purchase; 1.11.3. point of sales systems; or 1.11.4. accounting and book management necessary to fulfill an Awardee’s requirements as set forth in Part 3 of this rule. 1.12. “Eligible Business” means a Small Family Farm or a Small Food Retailer that has been awarded a Grant Award for an Eligible Use. 1.13. “Farm Direct Operation” means a farm that sells Colorado grown or raised products directly to consumers. 1.14. “Grant Award” means a contractual award of funds to an Eligible Business through the Small Food Business Recovery and Resilience Grant Program. 1.15. “Grant Program” or “CFA Grant Program” means the Small Food Business Recovery and Resilience Grant Program created in section 35-1-117(3)(a), C.R.S. 1.16. “Healthy Food” means fresh, frozen, unprocessed or minimally processed produce; locally grown or raised products; other food items that may not be normally present in a particular location but that serve the culinary and health needs of a particular population; nutrient dense proteins and grains; or other foods meeting a local definition of “healthy” and that provide nutritional value for human health. Healthy food does not include prepared foods or hot and ready foods. 1.17. “Limited Supermarket Access Area” means an area where households have inadequate and inequitable access to supermarkets, based on income, distance to existing stores, and car ownership rates. 1.18. “Low-income, low-access community (LILA community)” means a residential area (rural, urban, semi-urban) whose residents are primarily low-income and who have limited access to affordable, healthy food. 1.19. “Minimally processed food” means a food that has been slightly altered for the main purpose of preservation, but which does not substantially change the nutritional content of the food.

Examples include cleaning and removing inedible or unwanted parts, grinding, refrigeration, pasteurization, fermentation, freezing, and vacuum-packaging to permit food to be stored for a greater amount of time and remain safe to eat. 1.20. “Prepared Foods” means foods that are hot at the point of sale, or packaged food intended to be consumed immediately. 1.21. “Qualified Census Tract” means any census tract that is designated by the Secretary of Housing and Urban Development and, for the most recent year for which census data are available on household income in such tract, either in which 50 percent or more of the households have an income that is less than 60 percent of the area median gross income for such year or that has a poverty rate of at least 25 percent. 1.22. “Rural” means any population, housing, or territory not in an urban area as defined in this rule. 1.23. “Season extension” means any action or investment by a small family farmer or small food retailer that extends their growing season to support both the production and sale of healthy local food during times of the year when healthy local food is not traditionally available. 1.24. “Small Family Farm” means a farm that is Colorado-owned and Colorado-operated and has an annual gross revenue below three hundred fifty thousand dollars, as set forth in section 35-1- 117(8)(d). 1.25. “Small Food Retailer” has the same meaning as set forth in section 35-1-117(8)(e)(I) and (II), C.R.S. 1.26. “SNAP” means the Supplemental Nutrition Assistance Program established in Part 3 of Article 2 of Title 26 of the Colorado Revised Statutes. 1.27. “Staple food” means food in the following categories: meat, poultry, or fish; bread or cereals; vegetables or fruits; and dairy products. The meat, poultry, or fish category also includes up to three types of plant-based protein sources (i.e., nuts/seeds, beans, and peas) as well as varieties of plant-based meat analogues (e.g., tofu). The dairy category also includes varieties of plantbased dairy alternative staple food items such as, but not limited to, almond milk and soy yogurt.

Hot foods do not qualify as staple foods. Commercially processed foods and prepared mixtures with multiple ingredients that do not represent a single staple food category shall only be counted in one staple food category. “Staple food” does not include accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices. 1.28. “Technical Assistance'' means direct support provided to an applicant for a Grant Award or an Awardee to complete and submit an application for a Grant Award; to identify and gather required documentation to receive a Grant Award; to comply with reporting and invoicing requirements after a Grant Award is offered; and to provide assistance with any other direct support that advances funding of a Grant Award or use of a Grant Award. Technical Assistance may include translation and interpretation services upon request and as the Department determines necessary. 1.29. “Unprocessed food” means the natural edible food parts of plants and animals. 1.30. “Urban” means a densely settled core of census blocks that encompasses at least 2,000 housing units or that has a population of at least 5,000 people or that is identified in the 2020 “Census Qualifying Urban Areas and Final Criteria Clarifications,” adopted by reference herein (87 Federal Register Vol. 87, No. 249, 80114; effective December 29, 2022). Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference are available for public inspection during regular business hours and may be obtained at a reasonable charge or examined by contacting the Markets Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021.

Further, the incorporated material may be examined at no cost on the Internet at: https://www.federalregister.gov/documents/2022/12/29/2022-28286/2020-census-qualifyingurban-areas-and-final-criteria-clarifications.

2. Grant Award Application Process 2.1. Application Process 2.1.1. An applicant may apply for a grant during the Award Period(s) announced by the Department. Award Periods may start as early as August 15, 2023, and will be completed no later than December 31, 2024. 2.1.2. Announcement of the Award Period will include the length of time to apply and the maximum amount of grant dollars to be distributed in that period. 2.1.3. Announcements of Award Periods are at the Commissioner’s discretion, in consultation with the Advisory Committee, and are based on available grant funding. 2.1.4. Announcement of an Award Period will be made on the CFA website: ag.colorado.gov/CFA. 2.1.5. Grant applications may be obtained at any time online by visiting the Department’s website: www.ag.colorado.gov/CFA or a paper application can be mailed to 305 Interlocken Parkway, Broomfield, CO, 80021, if requested no fewer than ten (10) calendar days before the end of an application period. 2.1.6. The grant application will be provided in English and Spanish. Translation to another language is available upon request, but no later than ten (10) calendar days before the end of an application period. 2.1.7. A written application may be submitted in person to the Department during normal business hours, by mail, or online at any time such that it is received by the Department before the closing time and date. 2.2. Application Process Guidance and Technical Assistance 2.2.1. Applicants must ensure applications are compliant with this rule. CDA maintains a supplemental guidance document to aid in the application process. This guidance document and additional information can be found on the CFA website: ag.colorado.gov/CFA. 2.2.2. An applicant must submit a completed application and identify, in the application, how it meets the eligibility requirements, including by: 2.2.2.1. Completing an approved application form; 2.2.2.2. Identifying each proposed Eligible Use of a requested Grant Award; 2.2.2.3. Providing a budget and budget narrative; 2.2.2.4. Describing the proposed project; and 2.2.2.5. Analyzing the extent to which the proposed project will have a direct impact on increasing access to healthy food in LILA communities, including the projected increase in availability of healthy food or extent to which the proposed project will lower the price of healthy food. 2.2.3. An applicant whose application the Department has identified as meeting eligibility requirements, but whose project is not funded in a given Award Period, may revise and resubmit an application for consideration in a subsequent Award Period.

3. Grant Eligibility Requirements 3.1. LILA Requirement 3.1.1. An applicant for a Grant Award must demonstrate that the applicant’s proposed project will have a Direct Impact on a LILA community. An applicant may demonstrate that its project will have such an effect in one of the following ways: 3.1.1.1. Define the geographical area that the project will affect to show that the project will be placed in an area that: 3.1.1.1.1. Has at least 500 people, or 33 percent of the population, living more than 1 mile (an urban area) from the nearest supermarket, supercenter, or large grocery store or 3.1.1.1.2. Has at least 500 people, or 33 percent of the population, living more than 10 miles (a rural rea) from the nearest supermarket, supercenter, or larger grocery store; and 3.1.1.1.3. Is within a United States census tract whose poverty rate is 20 percent or greater; or 3.1.1.1.4. Is within a United States census tract where the median family income is less than or equal to 80 percent of Colorado’s state-wide median family income; or 3.1.1.1.5. Is within a United States census tract is in a metropolitan area where the median family income is less than or equal to 80 percent of that metropolitan area’s median family income. 3.1.1.2. Identify that the project is located in a census tract adjacent to a census tract meeting the above criteria with median family income less than or equal to 120 percent of area median family income; 3.1.1.3. Identify that the project is located in a Limited Supermarket Access Area; 3.1.1.4. Identify that the project is operated by a Tribal government or on Tribal Lands; 3.1.1.5. Identify the Qualified Census Tract in which the project is located; or 3.1.1.6. Provide a narrative explanation to establish any other factors that the applicant believes should qualify its project as located in or serving a low-income, lowaccess community, including by use of locally aggregated data. 3.2. Eligible Business Requirements 3.2.1. A person or business that desires to apply for a Grant Award must demonstrate eligibility for a Grant Award by meeting the following minimum requirements: 3.2.1.1. A Small Family Farm must: 3.2.1.1.1. Be Colorado-owned and Colorado-operated; and 3.2.1.1.2. Have an annual gross revenue below $350,000. 3.2.1.2. A Small Food Retailer must: 3.2.1.2.1. Be an independent or nonprofit-managed retailer and must: 3.2.1.2.1.1. Be Colorado-owned and Colorado-operated; 3.2.1.2.1.2. Have less than 10,000 square feet of retail space; 3.2.1.2.1.3. Carry at least three categories of staple foods; and 3.2.1.2.1.4. Be located in or provide food to low-income, low-access communities; or 3.2.1.2.2. Be a farmer's market or farm-direct operation that is already or demonstrates an intent to become SNAP- and WIC-authorized where allowed. 3.3. Eligible Use Requirements 3.3.1. An Applicant must demonstrate in its application for a Grant Award that its proposed project will use any awarded funds on Eligible Uses; and 3.3.2. An Awardee may only use funds from a Grant Award on Eligible Uses. 3.3.3. For an expense to qualify as an Eligible Use, it must reasonably demonstrate a Direct Impact toward increasing healthy food access or lowering healthy food prices in a LILA community, and 3.3.4. Fit within one of four categories: 3.3.4.1. Operating Expenses (set forth below in part 3.4); 3.3.4.2. Equipment (set forth below in part 3.5); 3.3.4.3. Accounting and Book Management (set forth below in part 3.6); or 3.3.4.4. Point of Sales Equipment (set forth below in part 3.7); 3.3.5. An applicant for a Grant Award may identify multiple proposed Eligible Uses in its application, up to the maximum of $50,000 per calendar year. 3.3.6. The Department reserves the right to qualify, in consultation with the Advisory Committee, other expenses as Eligible Uses of a Grant Award if such uses demonstrate similarity in nature and effect to those identified in Part 3.3. 3.3.7. Applicants must demonstrate how any proposed equipment purchases will result in increased access to healthy food or lower prices of healthy food in a LILA community. 3.3.8. An applicant may, at the time of application, provide additional, proposed uses of a requested Grant Award. To do so, the applicant must adequately justify in its application how the additional purchase or expense is similar and how the additional use will increase access to healthy food in a LILA community. It is in the Commissioner’s sole discretion to approve a proposed Eligible Use. 3.3.9. Grantees are responsible for maintaining compliance with all food safety standards and operating within the scope of their permit type. In some cases, adding additional equipment to an existing facility may require a regulatory review. 3.4. Operating Expenses 3.4.1. Eligible Distribution Expenses: 3.4.1.1. Inventory tracking systems; 3.4.1.2. Mileage to deliver to small food retailers; 3.4.1.3. Shipping costs, pallet rates, and other delivery fees from distributors; 3.4.1.4. Packaging materials and incidental costs associated with distribution; 3.4.1.5. Shipping costs for culturally relevant healthy food -- does not include the cost of the food; 3.4.1.6. Contract delivery services, including last-mile delivery; and 3.4.1.7. Direct to consumer online order systems and delivery costs. 3.4.2. Eligible Personnel Expenses: 3.4.2.1. Services or staff time associated with the installation of eligible equipment; 3.4.2.2. Staff time associated with becoming SNAP or WIC authorized, maintaining authorization, or managing an ongoing healthy food incentive program; 3.4.2.3. Services or staff time associated with small construction projects or build outs related to expanding access to healthy food; 3.4.2.4. Services or staff time related to creating educational material highlighting new healthy food offerings; 3.4.2.6. New staff to maintain supply, stock, ensure proper storage, and ensure rotation of new perishable healthy food offerings. 3.4.3. Eligible Packaging and Storing Supply Expenses: 3.4.3.1. Packaging materials for healthy foods; 3.4.3.2. Contract services for packing and storing; and 3.4.3.3. Construction of buildings for storage. 3.4.4. Eligible Education Expenses: 3.4.4.1. Educational material related to healthy food that directly targets LILA communities in Colorado; 3.4.4.2. Translation and interpretation services; 3.4.4.5. Signage related to healthy food promotion, SNAP, WIC, Double Up Food Bucks, or any healthy food incentive program; and 3.4.4.6. Signage/educational materials for local products and local producers; 3.4.5. Eligible Retail Operating Expenses: 3.4.5.1. Remodeling to accommodate display and storage of healthy foods; 3.4.5.2. Increased utility expenses related to recent (within one year of grant application opening) or new purchase of equipment to expand healthy food access/options; and 3.4.5.3. Equipment for mobile stands to sell healthy foods at temporary locations, including tents, coolers, and tables. 3.4.6. Eligible Operating Expenses Associated with Becoming Authorized to offer SNAP, WIC, or another Incentive Program: 3.4.6.1. Technical Assistance (contractors) to support becoming or remaining authorized; 3.4.6.2. Tuition or registration for education and training; 3.4.6.3. Subscription for SNAP or WIC payment processing application; and 3.4.6.4. Other operating expenses the Commissioner determines qualify as directly improving food access to LILA communities. 3.4.7. Non-Eligible Operating Expenses: 3.4.7.1. Direct purchase of food; 3.4.7.2. Existing and recurring retail and farm operation expenses that do not directly provide increased access to healthy food for LILA communities; 3.4.7.3. Down payments, mortgages, or lease payments; 3.4.7.4. Loan repayment; 3.4.7.5. Utility expenses unrelated to expansion of healthy food access; 3.4.7.6. Taxes and insurance; 3.4.7.7. Travel expenses (lodging, meals, and transportation); 3.4.7.8. Salaries for new employees not related to expanding capacity to increase access to or lower prices for healthy foods for LILA communities; 3.4.7.9. Salaries or bonuses for existing staff not related to expanding capacity to increase access to or lower prices for healthy foods for LILA communities; 3.4.7.10. Expenses related to alcohol or cannabis products; and 3.4.7.11. Funds cannot be used to satisfy settlements or judgments and payments of debt services, make deposits into pension funds, or fund programs, services, or capital expenditures that include terms or conditions that undermine the effort to stop the spread of Covid-19. 3.5. Equipment Purchases: 3.5.1. Eligible Equipment Expenses: 3.5.1.1. Cold Storage: Refrigeration and freezer units (consumer-facing or storage); 3.5.1.2. Display shelving and display cases; 3.5.1.3. Produce scales; 3.5.1.4. Food preservation equipment in order to extend the availability of healthy food for customers beyond the local harvest or slaughter calendar; 3.5.1.5. Deli slicers and meat grinders for fresh meat; 3.5.1.6. Dry storage containers; 3.5.1.7. Major repairs or updates to existing equipment listed above; 3.5.1.8. Delivery trucks that will be primarily used for the transportation of healthy food to LILA communities (refrigerated or standard vehicles); 3.5.1.9. Major repairs or updates to delivery vehicles that provide transportation of healthy foods; and 3.5.1.10. New or used farming and ranching equipment that will demonstrably and significantly increase retail healthy food access in LILA communities, including but not limited to equipment that is essential for planting, raising food-producing animals, harvesting, packing, storing, extending the growing season, or shipping healthy food. 3.5.2. Non-Eligible Equipment Expenses 3.5.2.1. Storage or retail display equipment for alcoholic beverages, soft drinks, sports and energy drinks or cannabis products; 3.5.2.2. Vending machines that do not offer healthy food; 3.5.2.3. Storage or equipment for prepared foods; and 3.5.2.4. Equipment that will not result in expanded access to or lowered prices for healthy food for LILA communities. 3.6. Accounting and Book Management Support 3.6.1. Eligible Accounting and Book Management Support 3.6.1.1. Online accounting systems; and 3.6.1.2. Technical support through contracted services 3.6.2. Non-Eligible Accounting and Book Management Support 3.6.2.1. CPA financial audits not related to SNAP, WIC, or other healthy food incentive programs. 3.7. Purchasing or Updating Point of Sales (POS) Equipment for Food Incentive Programs 3.7.1. Eligible Purchasing or Updating Point of Sales Equipment 3.7.1.1. New POS systems, including software, hardware, monitors, printers, and incidental supplies that are directly related to implementing or improving SNAP, WIC, or other food incentive programs; 3.7.1.2. Staff POS training expenses; and 3.7.1.3. Upgrades to existing POS systems. 3.7.2. Non-Eligible Purchasing or Updating Point of Sales Equipment for Food Incentive Programs: 3.7.2.1. POS systems that are not equipped to accept SNAP or WIC.

4. Application Review and Award 4.1. Applications will be individually scored by a review panel appointed by the Commissioner. The review panel will evaluate each application to determine whether the applicant is an Eligible Business and whether the proposed activity constitutes an Eligible Use. 4.2. The application review panel will consider the following criteria in evaluating an application for a Grant Award; 4.2.1. Whether all eligibility requirements for receiving a Grant Award are satisfied; 4.2.2. The degree to which the proposal will significantly and directly increase the capacity for a Small Food Retailer to offer healthy food in a LILA community or a Small Family Farm to distribute healthy food to LILA communities; and 4.2.3. The proposal’s likelihood of success. 4.2.4. The ultimate geographic distribution of all Grant Awards to ensure that at least 30 percent of Grant Awards go to Eligible Businesses in Colorado’s rural areas. 4.3. The application review panel will give priority scores to proposals that: 4.3.1. Have the capacity to reach the greatest number of low-income Colorado residents, or, for low population areas, the greatest proportion of a LILA community; 4.3.2. Have the capacity to substantially reduce the price of healthy food for low-income Colorado residents; 4.3.3. Have the ability to create a lasting impact beyond the time period of funding; 4.3.4. Result in dollars remaining in community (reducing “retail leakage”); 4.3.5. Promote comprehensive responses to local food access, farm, and nutrition issues; 4.3.6. Are submitted by a member of an underserved area of the state; and 4.3.7. Demonstrate a plan that advances or implements responsible environmental stewardship, including by reducing greenhouse-gas emissions. 4.4. To optimize the utilization of funds available, the evaluation committees, Advisory Committee, and Department may recommend a Grant Award less than the amount of funds an applicant requests. The Commissioner will review such recommendations and make the final determination on an application. 4.5. The Department will inform an applicant for a Grant Award of the Department’s decision via email within 90 days of the end of each Award Period. 4.6. The Commissioner’s decision on an application is final and may not be appealed.

5. Grant Award: Terms, Conditions, and Reporting 5.1. A Grant Award is not a guarantee of funds. 5.2. Before a Grant Award will be issued, an Awardee must provide documentation to confirm that the applicant qualifies as an Eligible Business. 5.3. The Department will pay a Grant Award for an eligible expense only after the Awardee has submitted the invoice for the approved expense to the Department, along with any necessary supporting documentation, 5.4 The Department will advance a Grant Award for an eligible expense that the Awardee has not yet purchased only after the Department receives supporting documentation of the expected purchase price. Receipts proving the purchase of approved expenses or service provided must be submitted no later than 60 days after the purchase or receipt of service. 5.4.1. If the actual cost is less than the amount paid, Awardees must return the excess funds. 5.5. As a condition of receiving a Grant Award, an Awardee shall agree to cooperate with the Department in evaluating the impact of the project through reporting requirements that document the impact of the Award progress towards increasing the distribution or purchasing capacity of healthy food in LILA communities. 5.6 As a further condition of receiving a Grant Award, an Awardee shall agree that any equipment purchases or infrastructure investments will be for the exclusive and on-going benefit of the Eligible Business to which the Grant Award has been issued and that no equipment or other purchases or investments purchased or paid for by a Grant Award may be sold for personal profit.

6. – 9. Reserved 10. Statement of Basis, Specific Statutory Authority and Purpose 10.1. Adopted November 8, 2023 – Effective December 30, 2023 The Colorado Commissioner of Agriculture adopts these rules pursuant to her authority at section 35-1- 117(7), C.R.S., which authorizes her to promulgate rules “as necessary for the implementation of [the Community Food Access Program].” Section 35-1-117(7), C.R.S.

The purpose of these rules is to establish general eligibility requirements for application for a grant; to establish the application process and procedures for grant applicants; and to establish processes and procedures to direct the review of applications and the award of funds. These rules will support the statutory directive to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small-food retailers and small-family farms in Colorado.

In its review of the emergency rules (adopted September 1, 2023), the Department recognized that it could not extend grant money for expenses related to: promotional materials; promotional events; stocking, storage, or rotation of perishable healthy foods; educational consultants; events promoting health foods; or media promotion of healthy foods, The Department used the emergency rule as a template and submitted it in its edited format to identify these changes between emergency and permanent rules. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 09/01/2023; expired 12/07/2023.

Entire rule eff. 12/30/2023.

8 CCR 1204-10 Rules Pertaining to the Small Food Business Recovery and Resiliency Tax Credit {#sec-8-ccr-1204-10 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-10}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE SMALL FOOD BUSINESS RECOVERY AND RESILIENCY TAX

CREDIT

8 CCR 1204-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Definitions 1.1. “Amount Certain Spent by the Member of the Consortium on Completing its Duties and Responsibilities of the Consortium” or “Amount Certain” means the amount spent on pallet, pallet break, distribution, and delivery fees that is eligible for a subsidy from the Consortium but is not otherwise covered by the Consortium. 1.2. “Community Food Access Program (CFA Program or Program)” means the program created in

section 35-1-117, C.R.S., to improve access to and lower prices for healthy foods in low-income and underserved areas of the state. 1.3. “Community Food Consortium (Consortium)” means the community food consortium created in

section 35-1-117(8)(a), C.R.S. 1.4. “Department” or “CDA” means the Colorado Department of Agriculture created in section 35-1- 103, C.R.S. 1.5. “Duties and Responsibilities” means the duties and responsibilities of the members of the consortium pursuant to section 35-1-117(2)(a), C.R.S. 1.6. “Farm Direct Operation” means a farm or ranch that produces and sells Colorado grown or raised grocery products directly to consumers that serves as a critical business offering food for purchase in a federal, state, or locally defined low income, low access area. 1.7. “Farmers Market” means a public and recurring assembly of farmers and ranchers or their representative selling the food that they produced directly to consumers in a federal, state, or locally defined low income, low access area. 1.8. “Grant Award” means a contractual award of funds through the Small Food Business Recovery and Resilience Grant Program. 1.9. “Grant Program” or “CFA Grant Program” means the Small Food Business Recovery and Resilience Grant Program created in section 35-1-117(3)(a), C.R.S. 1.10. “Healthy Foods” means fresh, frozen or minimally processed produce, locally grown or raised products, other food items that may or may not normally be present in a particular location but that serve the culinary and health needs of a particular population, nutrient dense proteins and grains, other foods meeting a local definition of “healthy” and that provide nutritional value for human health. “Healthy Foods” does not include sugar sweetened beverages, candy, alcoholic beverages, tobacco, hot and ready to eat or prepared foods, or non-food products. 1.11. “Limited Supermarket Access Area” means an area where households have inadequate and inequitable access to supermarkets, based on income, distance to existing stores, and car ownership rates. 1.12. “Member of the Consortium” means any member of the community food consortium for small food retailers and Colorado-owned and Colorado-operated farms created in section 35-1-117(2)(a), C.R.S. 1.13. “Purchase” means to acquire for consideration and take possession of small food business recovery and resilience grant program equipment, whether the purchaser paid for the items in a lump sum, by means of financing, or through a “lease-to-own” agreement. 1.14. “Purchase Price” means the amount actually paid by the purchaser for the small food business recovery and resilience grant program equipment, including charges for sales tax and freight, but not including any charges for assembly, installation, other construction services, or permit fees. 1.15. “Purchaser” means a small food retailer or small family farm that purchases small food business recovery and resilience grant program equipment. 1.16. “Rural” means any population, housing, or territory not in an urban area as defined in this rule. 1.17. “Small Family Farm” has the same meaning as set forth in section 35-1-117(8)(d), C.R.S. 1.18. “Small food business recovery and resilience grant program equipment” or “Equipment” means the items listed in section 35-1-117(3)(a)(II) and(3)(a)(IV), C.R.S. 1.19. “Small Food Retailer” has the same meaning as set forth in section 35-1-117(8)(e), C.R.S. 1.20. “SNAP” means the supplemental nutrition assistance program established in part 3 of article 2 of title 26 of the Colorado Revised Statutes. 1.21. “Urban” means an area that is identified in the 2020 “Census Qualifying Urban Areas and Final Criteria Clarifications,” adopted by reference herein (87 Federal Register Vol. 87, No. 249, 80114; effective December 29, 2022). Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference are available for public inspection during regular business hours and may be obtained at a reasonable charge or examined by contacting the Markets Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at: https://www.federalregister.gov/documents/2022/12/29/2022-28286/2020-census-qualifyingurban-areas-and-final-criteria-clarifications. 1.22. “WIC” has the meaning set forth in section 35-1-117(8)(g), C.R.S.

2. Tax Credit Certificates Annual Allocation 2.1. The Department may issue up to $10 million annually in Tax Credits Certificates commencing on or after January 1, 2024, but before January 1, 2031, in accordance with section 39-22-549 (3)(a), C.R.S. 2.2. At least once during each application period, the Department will post on the Community Food Access Program website, www.ag.colorado.gov/CFA, the total aggregate amount of Tax Credit Certificates issued for each calendar year and the total amount of aggregate tax credit applications currently under review. Applicants are encouraged to check the availability of tax credits for each calendar year frequently and before incurring any Amounts Certain or expenses for Equipment.

3. Tax Credit Letter of Eligibility — Submission, Review, and Issuance 3.1. A Member of the Consortium or a Purchaser may submit an application to the Department for a letter of eligibility for a tax credit certificate to determine whether any proposed expense would qualify before incurring that expense. 3.2. The application must include a certification that the applicant is either: 3.2.1. a Purchaser who is a small food retailer or small family farm that will purchase small food business recovery and resilience grant program equipment; or 3.2.2. a Member of the Consortium that will spend an Amount Certain on completing its duties and responsibilities. 3.3. The application must also include detailed information regarding: 3.3.1. the Purchase Price that would be incurred by a Purchaser and the date on which the purchase would be made, including any portion covered by a Grant Award received through the Small Food Business Recovery Resilience Grant Program or other grant, loan, or funding source; and 3.3.2. the percentage of the equipment’s use that is related to advancing the goals of the Community Food Access program; or 3.3.3. an itemized total of the Amount Certain that a Member of the Consortium would spend on completing its Duties and Responsibilities, minus any amount already provided by the Consortium, and the date or dates on which the Member of the Consortium would spend the amounts. 3.4. Interested individuals will find applications for a Letter of Eligibility on the Community Food Access Program website at www.ag.colorado.gov/CFA. 3.5. A Letter of Eligibility does not guarantee that an applicant for a Tax Credit Certificate will receive a Tax Credit Certificate. Applicants must submit a full application for a tax-credit certificate separately, pursuant to Part 4 of this rule, for the Department’s review and consideration after the applicant has incurred the proposed expense. 3.6. An applicant must submit a complete Letter of Eligibility application and provide all required supporting documentation before the Department may determine if the Duties and Responsibilities or Equipment purchased would qualify for a tax credit certificate if purchased.

The Department will notify applicants in writing if their application is incomplete. 3.7. The Department will review the Letter of Eligibility application and issue a decision in writing to approve, deny, or seek additional clarification from the applicant. If the Department requests additional clarification or documentation, the applicant will have 7 business days to provide the requested information, after which the Letter of Eligibility application will be deemed abandoned by the applicant and denied. Applicants can request an extension of this deadline in writing or submit a revised application for a Letter of Eligibility at a later date. Any such request must be made in writing (by e-mail or post) and received by the Department no later than three business days before the deadline to provide the requested information. 3.8. Decisions based on statutory requirements are not appealable.

4. Tax Credit Certificate Application – Submission, Review, and Issuance 4.1. The Department will post the application for a Tax Credit Certificate on the Community Food Access Program website: www.ag.colorado.gov/CFA. 4.2. There will be three application periods in each calendar year, as determined by the Department and announced on the Department’s website: ag.colorado.gov/CFA upon the effective date of this

rule and thereafter no later than January 1 of each calendar year. 4.3. This section 4.3 sets forth the order in which the Department will issue Tax Credit Certificates within each application period. 4.3.1. Group 1: Members of the Consortium on the Amount Certain Spent by a Member of the Consortium on completing its Duties and Responsibilities when that amount is eligible for a subsidy from the Consortium but is not otherwise covered by the Consortium. 4.3.2. Group 2: Purchasers that have not received any other Small Food Business Recovery and Resilience tax credits as a result of purchasing small food business recovery and resilience grant program equipment. 4.3.2.1. When reviewing applications for this Group 2, the Department will order eligible 4.3.2.2. The Department will further sub-order those prioritized expenses in a manner that prioritizes those applicants who can demonstrate the greatest improvement to access to and lower prices for healthy foods in low-income area underserved areas of the state, consistent with the methods set forth in Section 5 below to demonstrate improvement to access and lower prices for healthy foods in lowincome and underserved areas of the state; 4.3.3. Group 3: Purchasers that have not yet received a Small Food Business Recovery and Resilience tax credit as a result of purchasing small food business recovery and resilience grant program equipment in the calendar year for which the tax credit is sought. 4.3.3.1. When reviewing applications for this Group 3, the Department will order eligible 4.3.3.2. The Department will further sub-order those prioritized expenses in a manner that prioritizes those applicants who can demonstrate the greatest improvement to access to and lower prices for healthy foods in low-income and underserved areas of the state, consistent with the methods set forth in Section 5 below to demonstrate improvements to access and lower prices for healthy foods in lowincome and underserved areas of the state; 4.3.4. Group 4: All other applications. 4.3.4.1. When reviewing applications for this Group 4, the Department will order eligible 4.3.4.2. The Department will further sub-order those prioritized expenses in a matter that prioritizes those applicants who can demonstrate the greatest improvement to access to and lower prices for healthy foods in low-income and underserved areas of the state, consistent with the methods, set forth in section 5 below, to demonstrate improvement to access and lower prices for healthy foods in lowincome and underserved areas of the state. 4.3.5. Group 5: Any applicant that previously received a Small Food Business Recovery and Resilience Tax Credit Certificate but mis-used Equipment in a way that did not conform to the applicant’s intent as provided in its application or performed Duties and Responsibilities of the Consortium in a manner that did not conform to the actual Duties and Responsibilities of the Consortium. 4.4. Within each category listed in 4.3, applications will be reviewed in the order received, based on the date and time the Department receives a complete application. 4.5. An applicant must submit a complete Tax Credit Certificate application and provide all required supporting documentation before the application deadline. After the application deadline, the Department will notify applicants in writing if their application is incomplete. 4.5.1. An applicant will have 7 business days from the day the Department notifies the applicant that the applicant’s application is incomplete to correct any deficiencies, after which the Department will deny the application in full. An applicant must then resubmit the applicant’s application with complete documentation during the next application cycle, which will then be reviewed based on the new date and time received by the Department. 4.6. To receive a Tax Credit Certificate, an applicant must provide supporting documentation of the following: 4.6.1. The income tax year in which the applicant will claim a tax credit; and 4.6.2. The price and date of any equipment purchased, including any portion covered by a Grant Award, received through the Small Food Business Recovery Resilience Grant Program, as well as proof of payment; or 4.6.3. An itemized total and date or dates of purchase of any amount spent by a Member of the Consortium on pallet, pallet break, distribution, or delivery fees that are not otherwise covered by the Consortium. 4.6.3.1. Costs related to pallet, pallet break, distribution and delivery fees must be verified with supporting documentation, such as an itemized invoice, price sheet, or contract with a distributor, as well as proof that each invoice was paid. 4.7. If applicable, an applicant may submit the applicant’s Letter of Eligibility along with a Tax Credit Certificate application. 4.8. The Department will inform an applicant of the Department’s decision to approve or deny a Tax Credit Certificate by email within 90 calendar days from the date a completed application is received. 4.9. The Department will deny applications for a Tax Credit Certificate in any tax year in which the Department has committed ten million dollars. An eligible business may only receive a tax credit in the year in which the applicant incurred the eligible expense. 4.10. Upon approval, the Department will issue a Tax Credit Certificate with a designated reference number, which the applicant must attach to the applicant’s state tax filing return for the applicable tax year. An applicant is responsible for submitting all necessary documents to the Colorado Department of Revenue to receive a tax credit. Tax Credit Certificates are not transferable. 4.11. Decisions based on statutory requirements are not appealable. 4.12. The deadline to submit an application for a previous income tax year is December 31 of the subsequent income tax year, e.g., December 31, 2025, for eligible expenses incurred during the 2024 income tax year.

5. An applicant may demonstrate improvement to access and lower prices for healthy foods in low-income and underserved areas of the state by: 5.1. Demonstrating that the geographical area the applicant serves either: 5.1.1. Has no access to a grocery store at less than half-mile intervals in an urban area; or 5.1.2. Has no access to a grocery store at less than 10 miles in a rural area and is within a United States census tract whose poverty rate is 20 percent or greater; and either 5.1.3. Is within a United States census tract where the median family income is less than or equal to 80 percent of Colorado’s state-wide median family income; or 5.1.4. Is within a United States census tract in a metropolitan area where the median family income is less than or equal to 80 percent of that metropolitan area’s median family income. 5.2. Demonstrating whether the applicant operates or serves areas located in a census tract adjacent to a census tract meeting the above criteria with median family income less than or equal to 120 percent of area median family income; 5.3. Demonstrating whether the applicant operates or serves areas located in a Limited Supermarket Access Area; 5.4. Demonstrating whether the applicant operates or serves an area operated by a Tribal government or on Tribal Lands; or 5.5. Providing a narrative explanation to establish any other factors that the applicant believes should qualify as operating or serving in a low-income, low-access community, including by use of locally aggregated data.

6. Tax Credit Certification Requirements 6.1. At the time of application for a tax credit, a Purchaser or Member of the Consortium must certify that the applicant is either: 6.1.1. A Member of the Consortium that spent an Amount Certain on completing its duties and responsibilities; or 6.1.2. A Purchaser who is a small food retailer or small family farm that purchased Equipment.

7. Eligible and non-eligible costly small food business recovery and resilience grant program equipment purchases include: 7.1. Eligible Equipment Expenses used primarily to advance the sale of healthy food in low income and underserved areas of the state by small food retailers, in Order of Priority: 7.1.1. Cold Storage: Refrigeration and freezer units (consumer-facing or storage); 7.1.2. New POS systems or upgrades to existing POS systems, including hardware, monitors, and printers that are directly related to implementing or improving SNAP, WIC, or other food incentive programs; 7.1.3. Display shelving and display cases; calibrated and certified produce scales, food preservation equipment needed to extend the availability of healthy food for customers beyond the local harvest or slaughter calendar; dry storage containers; deli slicers and meat grinders for fresh meat; 7.1.4. Power generators ensuring the proper temperature control of healthy food in areas that lose power for more than four hours at least once per year; 7.1.5. Refrigerated or commercial delivery vehicles and trailers; 7.1.6. Equipment the Commissioner determines will contribute to the state’s effort to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers and small family farms; 7.1.7. Tractors, tractor implements, greenhouses, tunnels, solar equipment, poultry housing, farmers market tents, storage equipment, produce washing equipment, costly irrigation equipment, product sorting equipment, produce processing equipment or harvesters. 7.2. Non-Eligible Equipment Purchases: 7.2.1. Storage or retail display equipment for alcoholic beverages, soft drinks, sports and energy drinks or cannabis products; 7.2.2. Vending machines that do not offer healthy food; 7.2.3. Storage or equipment for prepared foods.

8. General Provisions 8.1. Applicants are responsible for complying with any applicable local, state, or federal food safety standards and for operating within the scope of any necessary license, registration, or permit.

Applicants are responsible for obtaining any necessary local, state, or federal regulatory review for any improvements made to any existing facilities. 8.2. A Purchaser of Equipment that receives a Tax Credit Certificate understands and agrees that the Department may conduct a site inspection to confirm that the Purchaser’s use of the Equipment conforms to the Purchaser’s intent, as provided in its application.

9. Statements of Basis, Specific Statutory Authority, and Purpose 9.1 Adopted January 17, 2024; Effective March 16, 2024 The Commissioner of Agriculture adopts these rules pursuant to the authority granted the Department of Agriculture at 39-22-549(4)(a), (5)(e), and (9), C.R.S.

HB 23-1008, created a tax credit to induce designated tax-payer behavior, specifically: purchasing and use of small food business recovery and resilience grant program equipment and increasing the activities of the community food consortium for small food retailers and Colorado-owned and Colorado-operated farms. This tax credit is designed to contribute to the state’s efforts to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers and small family farms. See 3-22-549(1)(a)(I) and (1)(a)(II), C.R.S.

These rules establish the deadlines both for applications for letters of eligibility and for applications for tax credit certificates. A letter of eligibility permits those who may incur costs to determine, in advance, whether such costs would qualify for a tax credit. A tax-credit certificate is an approval issued by the Department after any eligible equipment purchase has been made and which may be applied by the applicant as a credit against that person’s income taxes for the tax year in which the purchase was made.

Section 39-22-549(4)(a) and (5)(a), C.R.S.

These rules identify the order in which the Department will issue tax credits, identifying an order that will permit the Department to organize its awards based on factors that prioritize Duties and Responsibilities of Consortium members; rural- over urban-related expenses; applicants who have not received any previous tax credits; and applicants who can demonstrate the greatest improvement to and lower prices for healthy foods in low-income and underserved areas of the state, consistent with the state’s efforts to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers and small family farms.

Finally, these rules provide general direction to applicants for both letters of eligibility and tax credit certificates related to deadlines, required documentation, and methods of demonstrating effects on improving lower prices for healthy foods in low-income and underserved areas of the state.

In its final review, the Department noticed that the tenses of the verb conjugations in parts 3.1.1 and 3.1.2 were inconsistent with the intent of part 3. The Department, therefore, amended the verb conjugation to harmonize it with the intent of part 3 overall. 9.2 Adopted January 15, 2025; Effective March 17, 2025 The Commissioner of Agriculture adopts these rules pursuant to the authority granted the Department of Agriculture at 39-22-549(4)(a), (5)(a) and (c), and (9), C.R.S.

These changes to the rule serve to clarify the focus of the program as to better align with the intent of the legislation, reduce the possibility of mis-use of tax credits, and improve administrative processes and increase efficiency.

Specifically, these changes refine critical definitions related to eligible businesses, healthy foods, low income and underserved areas of the state, and what it means to purchase equipment. They clarify usage requirements for eligible equipment and change the order in which the department will review and award applications to better align with the intent of this program as described in legislation. Some general categories of equipment have been removed or clarified to reduce the risk of awarding tax credits for purchases that do not fully align with the intent of the legislation. General categories of equipment were more specifically described to reduce confusion. Based on stakeholder feedback, power generators were added as an explicitly eligible piece of equipment.

Additionally, these changes reduce the number of days applicants have to complete an incomplete submitted application, which will reduce complications related to filing taxes and receiving the credit and reduce the amount of time all applicants will need to wait to file their taxes. The changes also give more flexibility for the department to publish the remaining amount of funds when figures are most accurate, instead of once per month.

Post publication, three additional changes were proposed to clarify definitions and improve administrative processes. The first change is a clarification of the term “purchase” to better align with how the term is used in the rule. The second change is to the term “purchase price” to ensure this definition aligns with the definition in statute. The third change is the addition of section 4.12 to allow eligible businesses to apply for a tax credit in the year after the year it was purchased. _________________________________________________________________________ Editor’s Notes

History New rule eff. 03/16/2024.

Rules 1-5, 7, 9.2 eff. 03/17/2025.

8 CCR 1204-11 Rules Pertaining to the Colorado Agricultural Future Loan Program {#sec-8-ccr-1204-11 omnilex-key=us-co-regs-official--department-1--8 CCR 1204-11}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE COLORADO AGRICULTURAL FUTURE LOAN PROGRAM

8 CCR 1204-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. The Colorado Agricultural Future Loan Program 1.1. Section 35-1.2-103, C.R.S., established the Colorado Agricultural Future Loan Program. These rules implement that program. 1.2. The Colorado Department of Agriculture (CDA or Department) shall administer the Loan Program. See section 35-1.2-103, C.R.S. 1.3. The Loan Program is a revolving loan and grant fund to support the future of agriculture in Colorado. Except as otherwise provided in this rule, money received as loan payments on loans issued from the Loan Program, including interest payments will be credited to the Colorado Agricultural Loan Cash Fund (Fund) created in section 35-1.2-105, C.R.S., and shall be reused on a continuing basis to support the Loan Program as set forth in C.R.S. 35-1.2-101, et seq.) and the provisions of this rule. 1.4. The Department shall to the extent practicable prioritize the provision of loans to eligible farmers or ranchers who apply for loans or grants from the Loan Program and who have owned or operated a farm or ranch for less than ten years or who represent a population that is underserved or underrepresented in Colorado agriculture.

Part 2. Definitions 2.1. “Agriculture” means the science and art of production of plants and animals useful to humans, including, to a variable extent, the preparation of these products for human use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production. 2.2. “Agricultural Processing” means the transforming, packaging, sorting, storage, or grading of Colorado livestock, livestock products, agricultural commodities, plants, or plant products. 2.3. “Colorado Agricultural Future Loan Program” or “Loan Program” is a loan and grant program administered by the Department as established in section 35-1.2-103, C.R.S. 2.4. “Commissioner” means the Commissioner of Agriculture. 2.5. “Department” or “CDA” means the Department of Agriculture created in section 35-1-103, C.R.S. 2.6. “Eligible Business” means a business that earns or will earn a majority of its revenue from agricultural processing or from developing or manufacturing technology designed to benefit Colorado farmers and ranchers; and in the judgment of the Department: (a) has managers and employees who possess sufficient education, training, and experience to operate the business; and (b) provides an economic benefit to Colorado farmers or ranchers. 2.7. “Eligible Farmer or Rancher” means an individual who: (a) is at least eighteen years of age; (b) is a resident of Colorado; (c) is or will be an owner or operator in fact of a farm or ranch; and (d) in the judgment of the Department: (1) possesses sufficient education, training, and experience to operate the farm or ranch; and (2) possesses or has access to sufficient working capital, farm machinery, livestock, or land to operate the farm or ranch. 2.8. “Farm-to-Market Infrastructure Grant” means a grant of money from the Fund, which money is used for Agricultural processing. 2.9. “Farm-to-Market Infrastructure Loan” means a loan from the Loan Program used for the purpose of Agricultural Processing. 2.10. “Financial Entity” means a bank, nondeposit community development financial institution, business development corporation, or other entity with agricultural lending experience and with which the Department contracts to help administer the Loan Program. 2.11. “Fund” means the Colorado Agricultural Future Loan Cash Fund created in section 35-1.2-105, 2.12. “Loan Program” means the Colorado Agricultural Future Loan program created in section 35-1.2- 103, C.R.S. 2.13. “Low-Interest Loan” means a loan from the Loan Program, the interest rate of which is generally considered to be at or below market rate. 2.14. “Operator of a farm or ranch” means a person who makes management or operational decisions related to all or a portion of a farm or ranch, or is a hired manager, renter or tenant of land used for a farm or ranch, cash tenant, share tenant, or partner. 2.15. “Owner of a farm or ranch” means a person that owns an agricultural business or land used for farming or ranching. 2.16. “Underserved” or “Underrepresented” means a farmer or rancher who is from a population, race, ethnic group, gender, or geographic location that has been socially disadvantaged due to discrimination or prejudice or that historically has participated in agricultural programs at a level that is disproportionately lower than its representation in the population of Colorado.

Part 3. Loan Eligibility and Prioritization 3.1 The Department will determine an applicant’s eligibility and possible priority status prior to the Financial Entity considering the applicant for participation in the Loan Program. 3.2. Eligible Farmers or Ranchers and Eligible Businesses may submit an application to determine eligibility and possible priority status to the Department for a loan from the Loan Program at any time during the year. 3.3. Loan Eligibility and Prioritization applications are available at the Department during normal business hours at 305 Interlocken Parkway, Broomfield, Colorado, or may be obtained at any time on-line by visiting the Department’s website: www.ag.colorado.gov. Access to Loan Eligibility and Prioritization applications may also be made available by an authorized Financial Entity. 3.4. The Department will use the following criteria in considering eligibility and prioritization: 3.4.1. Whether all eligibility requirements for participating in the Loan Program are satisfied, as those terms are defined in Part 2 of this rule; 3.4.2. Whether applicants are Underserved or Underrepresented, as those terms are defined in

Part 2.16 of this rule; 3.4.3. Whether applicants have owned and operated a farm or ranch for less than 10 years; 3.4.4. The likelihood of success of the proposed project or investment. 3.5. The Department may also use the following criteria in considering prioritization: 3.5.1. The anticipated economic impact from the use of the loan funds, including the number of new jobs estimated to be created in Colorado, the amount of new revenue generated, and the overall impact on the continued success of Colorado agriculture; 3.5.2. Whether the loan will be used to fill a gap or need in Colorado agriculture, including a need for new or expanded processing equipment; 3.5.3. Whether the loan will be used to advance energy conservation, improve soil health, mitigate the impacts of drought or climate change, or promote good stewardship practices on the land. 3.6. After consideration of the Loan Eligibility and Prioritization application, the Department will communicate to the applicant the determination of the applicant’s eligibility, possible prioritization of the applicant’s loan application, and next steps, if any. 3.7. After consideration of the Loan Eligibility and Prioritization application, the Department will advise the Financial Entity of qualifying applicants and the possible prioritization of the applicant’s loan.

Part 4. Financial Entity Application Requirements 4.1. Eligible Farmers or Ranchers and Eligible Businesses may apply to the Financial Entity for a loan from the Department’s Loan Program at any time during the year, after completion of the Loan Eligibility and Prioritization application. 4.2. The format and location of loan applications will be determined by the Financial Entity, provided such applications are reasonably accessible to applicants. Information on how to access the applications may be obtained by visiting the Department’s website: www.ag.colorado.gov. 4.3. Each loan application must include all required information at the time of submission for consideration, including any required documentation. The Financial Entity will not consider incomplete applications. 4.4. Any Eligible Business that applies for a loan must provide a completed application and the following information, at the time of application: 4.4.1. For a Farm-to-Market Instructure Loan, a description of the type of Agricultural Processing the applicant conducts; 4.4.2. Financial documentation to support that the applicant earns or will earn a majority of its revenue from Agricultural Processing; 4.4.3. Documentation to identify the experience, training, and education related to operation of the applicant’s business; 4.4.4. A description, with financial documentation, if possible, to indicate the economic benefit the applicant’s business provides to Colorado farmers or ranchers; 4.45. Any other information the Financial Entity determines is necessary to review, evaluate, and process the application. 4.5. Any Eligible Farmer or Rancher or any Operator of a farm or ranch who applies for a loan from the Loan Program must provide a completed application and the following information, at the time of application: 4.5.1. Proof that the applicant is at least 18 years of age; 4.5.2. Proof that the applicant is a resident of Colorado; 4.5.3. Information indicating that the applicant is or will be an owner or operator of a farm or ranch; 4.5.4. Documentation to identify the experience, training, and education of the applicant to exhibit the applicant’s ability to operate the farm or ranch; 4.5.5. Financial or other documentation showing that the applicant possesses or has access to sufficient working capital, farm machinery, livestock, or land to operate the farm or ranch; and 4.5.6. The Department or a Financial Entity may request additional information at any time to supplement or complete any application.

Part 5. Terms and Conditions for Loan Program Loans 5.1. Unless otherwise provided in this rule, the provisions of this Part 5 apply to any loan awarded by the Department as part of the Loan Program. 5.2. Loans will be underwritten, originated, and serviced by one or more Financial Entities upon approval by the Department. 5.3. The maximum amount that may be loaned by the Loan Program to any applicant or group of applicants who have combined to submit an application, , is $750,000. 5.3.1. The maximum amount does not apply to or include any grant funds that may be awarded by the Department or other sources of funding or financing the applicant may obtain. 5.3.2. The Commissioner may allow loan funds to be awarded in an amount above the maximum amount for loans in exceptional circumstances. 5.4. Interest rates for loans will be set at or below the current market rate. The Department, upon request from the Financial Entity, may determine different interest rates for individual loans after considering relevant factors, including, but not limited to: 5.4.1. The dollar amount of the loan; 5.4.2. The applicant’s ability to repay the loan, including interest; and 5.4.3. The applicant’s ability to obtain alternative lending. 5.5. Loan Repayment 5.5.1. Loans issued under the Loan Program shall provide for a repayment period not to exceed twenty years unless the Commissioner determines in the Commissioner’s sole discretion that it would be in the best interest of the Department and the State of Colorado to approve a longer repayment period. 5.5.2. Loan repayments shall be monthly unless the Financial Entity originating the loan determines that a different repayment schedule is appropriate. 5.5.3. Loan repayments, including interest, may be deferred for a period of 3 months at the Financial Entity’s discretion, and up to 18 months for good cause as determined by the Commissioner or the Commissioner’s delegate. 5.6. Notwithstanding the provisions of Part 8 of this rule, the Department may enter into a contract with a Financial Entity, allowing such Financial Entity to earn as compensation a portion of the amount of loan repayment, interest, or other fees collected in connection with a loan originated and serviced by the Financial Entity.

Part 9. Statement of Basis, Specific Statutory Authority and Purpose 9.1. Adopted December 8, 2021 – Effective January 30, 2022 Statutory Authority The Commissioner of Agriculture adopts these rules pursuant to § 35-1.2-103(7)(a), (b), and (c),

Purpose To create the Colorado Agricultural Future Loan Program providing funds to businesses, farmers, and ranchers to support the future of agriculture in Colorado.

To establish general eligibility requirements for the Program.

To establish application processes and procedures for the Program.

To establish processes and procedures for the review of applications and award of loan funds.

To establish processes and procedures for repayment and servicing of loans.

To establish processes and procedures for revolved funds.

Factual and Policy Issues This Commissioner adopts this Rule to fulfill the requirements of SB 21-248, which created a new “Colorado Agricultural Future Loan Program.” SB 21- 248 authorized the Commissioner to commence providing from $5 million to $10 million in Farm-to-Market Infrastructure Loans and Farm-to-Market Grants to Eligible Farmers and Ranchers and Eligible Businesses by June 30, 2022 and from $10 million to $20 million in Low Interest Loans to Eligible Farmers and Ranchers, and Eligible Businesses by December 31, 2022, and required the Commissioner to establish the program, including specifying the application process, the loan award and distribution process, and the criteria to be used.

In developing these Rules, the Department reviewed policies and program guidelines of previous loan programs administered by the Colorado Department of Agriculture as well as those administered by comparable entities. The Department also conducted listening sessions with agricultural stakeholders relating to the Colorado Agricultural Future Loan Program as well as sought stakeholder input on this Rule as adopted to help inform this rulemaking process. 9.2. Adopted July 10, 2024 – Effective August 30, 2024 Statutory Authority The Commissioner of Agriculture adopts these rules pursuant to § 35-1.2-103(7)(b) and (c),

Purpose To adapt the rule to meet legislative changes indicated in SB23-050.

To clarify CDA responsibilities related to the application process.

To clarify Financial Entity responsibilities related to the application process.

To ensure the application process is in alignment with the practical requirements of originating and servicing loans via a Financial Entity.

Factual and Policy Issues This Commissioner amends this Rule to harmonize the requirements of the rule with modifications the General Assembly made to 35-1.2-101, et seq., C.R.S., in the 2023 legislative session. Senate Bill 23-050. These amendments include: adding a requirement that CDA ensure applicants approved for loans or grants meet the requirements for “eligible business” and “eligible farmers or ranchers,” as defined at 35-1.2-102(5) and (6), C.R.S., which terms were amended in the 2023 session; removing references to mandatory spending provisions in part 1.4, which were repealed, effective January 1, 2023 (see SB 21-248); and amending the definitions of “eligible business” and “eligible farmer or rancher” to include the prospective provisions.

To comport the rule to the amended version of the statute, the reviewers re-organized the rule to set apart a newly named Part 3, “Loan Eligibility and Prioritization,” moving parts of the old Part 3 into Part 4, which itself clarifies the distinct role of the Financial Entity, separately from the role of the Department of Agriculture.

The reviewers updated the rules to include criteria added to the definitions of “eligible business” and “eligible farmer or rancher,” which both now include provisions for prospective consideration – prospective ownership and prospective income.

In reviewing the rule, the reviewers further updated provisions in Part 5 to be consistent with economic and practical matters that have caused changes to the program’s functions. _________________________________________________________________________ Editor’s Notes

History New rule eff. 08/30/2024.

1205 State Board of Stock Inspection Commissioners

8 CCR 1205-1 Public Livestock Markets {#sec-8-ccr-1205-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1205-1}

DEPARTMENT OF AGRICULTURE

State Board of Stock Inspection Commissioners PUBLIC LIVESTOCK MARKETS 8 CCR 1205-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ The following regulations to do with the recording and transfer of brands were passed by the State Board of Stock Inspection December 1, 1967, and are hereby presented to the Attorney General's Office for approval:

1. Transfer of brand cannot be completed without notarized signature of the recorded owner, administrator of the estate, or other court approved authorities, together with the notarized signature of the new owner.

2. Any change in name of recorded owner of brand, while all parties involved are alive and competent, must be made by regular notaried transfer of title.

3. If a brand has been recorded to two or more individuals as partners or joint owners, in case of proven death of one or more owners, the brand can be carried in the survivor's name after proof of estate being settled is furnished.

4. All delinquent and current brand tax assessments must be paid before a brand can be reinstated as an active brand. Brand tax prior to the current assessment shall not be accepted in cases where the recorded owner is deceased.

5. Before any delinquent brand can be reinstated or reissued, the brand must be checked against conflicting brands the same as if it was a new issue and shall not be reissued or reinstated if it is found to conflict with any recorded brand.

6. A brand may not be recorded to a family name without showing the surnames of owners. The same shall apply to brands recorded to companies and corporations. In this case, the signature of the secretary - treasurer, and/or the officer in charge must be shown on the recorded brand certificate.

7. Applicants desiring to record new brands may apply by mail or in person at this office to request and discuss characters desired. Action will be taken on requests within ten days. Only in justifiable emergencies, may brand issue be completed at the time of application.

These rules and regulations have been approved by the State Board of Stock Inspection Commissioners.

The following regulations to govern the operation of all licensed public livestock markets in Colorado were passed by the State Board of Stock Inspection December 1, 1967 and are hereby presented to the Attorney General's office for correction or approval.

1. Consignment Cards. The long form that lists more than one sale lot is favored and highly recommended. The use of the short form or scale ticket type which lists only one sale lot will be permitted only when completed by the market operator and left attached to the gate of the pen that contains the cattle that are listed for sale on said consignment card.

2. Cattle must be sorted as they are to be sold and each sale lot to be identified by either individual lot pen number or by tag number before being inspected for brands. After being brand inspected each lot must be left intact for sale unless change is approved by brand inspector.

3. An account of purchase or bill of sale furnished to the buyer of livestock by a public livestock market licensed by the State Board of Stock Inspection Commissioners shall contain the following information: 1. Name or bonded trade name of the purchaser of livestock. 2. Name or bonded trade name of the seller of livestock or an imprinted consignment card number that identifies the seller of livestock. 3. Date of purchase. 4. Description of the livestock sold, listing weight, cost, tag numbers which the public livestock market applies, and the brands or nobrands listed by the brand inspector. 5. Original copy of the purchase invoice, to be identified with the word “original” in red, furnished by the public livestock market to the purchaser of livestock as a bill of sale.

4. Shall not yard more than twenty-five cattle belonging to more than five consignors in any one pen.

Bulls must be inspected before they are put in individual stalls.

5. All livestock that are yarded and prepared to go through auction shall be inspected for brands and the fee collected regardless of whether or not the livestock are sold. Also livestock inspected for brands and for any reason not sold and remain at the market until a later auction, must be inspected when offered for sale again and the brand inspection fee shall be collected.

The Rules pertaining to the Administration and Enforcement of the Colorado Public Livestock Markets Act, § 35-55-101 – 119, C.R.S. are hereby amended on a permanent basis by the State Board of Stock Inspection Commissioners on November 8, 2006.

Each individual or sole proprietor who applies for a license to operate a public livestock market must provide all documentation required by the Commissioner to verify lawful presence in the United States in accordance with Section 24-76.5-103, C.R.S. Failure to provide such documentation in the manner specified by the Commissioner shall be grounds for denial of an application for such license or for renewal thereof.

Statement of Basis, Specific Statutory Authority and Purpose for rules adopted October 11, 2006 – effective October 11, 2006.

Statutory Authority:

This emergency amendment to the rules pertaining to the administration of the Colorado Public Livestock Markets Act, § § 35-55-101 - 119, C.R.S., is proposed for adoption by the State Board of Stock Inspection Commissioners pursuant to its authority in section 35-60-106, C.R.S.

Purpose:

The purposes of this emergency rule are as follows:

1. To specify in rule that all individuals and sole proprietors who apply for a Public Livestock Markets license must satisfy the verification documentation requirements of section 24-76.5-103, C.R.S., as enacted in House Bill 06S-1023.

2. To notify applicants of the legal consequences of failure to comply with the verification documentation Factual Basis:

3. On August 1, 2006, section 24-76.5-103, C.R.S., took effect following its enactment in House Bill 06S- 1023 by the General Assembly in the July, 2006, special legislative session.

4. Currently, neither the Public Livestock Markets Act nor its associate rules specify that individuals and sole proprietors who apply for registrations must comply with the verification documentation 3. This emergency rule is necessary to provide the State Board of Stock Inspection Commissioners with specific legal authority to deny applications for registration or renewal of existing registrations from individuals and sole proprietors who do not provide sufficient documentation to comply with

section 24-76.5-103, C.R.S.

4. This emergency rule is necessary to fulfill the purposes described above prior to the adoption of permanent rules to that effect.

Statement of Basis, Specific Statutory Authority and Purpose for rules adopted November 8, 2006 – effective January 1, 2007.

Statutory Authority:

This permanent amendment to the rules pertaining to the administration of the Colorado Public Livestock Markets Act, § § 35-55-101 - 119, C.R.S., is proposed for adoption by the State Board of Stock Inspection Commissioners pursuant to its authority in section 35-60-106, C.R.S.

Purpose:

1. To specify in a permanent rule that all individuals and sole proprietors who apply for a Public Livestock Markets license must satisfy the verification documentation requirements of section 24-76.5-103, C.R.S., as enacted in House Bill 06S-1023.

2. To notify applicants of the legal consequences of failure to comply with the verification documentation Factual Basis:

3. This permanent rule is necessary to provide the State Board of Stock Inspection Commissioners with specific legal authority, following the expiration of the emergency rule adopted on October 11, 2006, to deny applications for registration or renewal of existing registrations from individuals and sole proprietors who do not provide sufficient documentation to comply with section 24-76.5-103, C.R.S.

4. This permanent rule is necessary to make permanent the provisions of the emergency rules adopted by the State Board of Stock Inspection Commissioners on October 11, 2006.

These regulations were passed by the State Board of Stock Inspection on March 15, 1966 and are hereby presented to the Attorney General's Office for approval:

TO ALL EMPLOYEES:

SUBJECT: Departmental Rules & Procedures Governing Outside Employment of State Board of Stock Inspection Employees.

The following rules and procedures governing compatible employment of employees of the State Board of Stock Inspection Commissioners have been approved by the Civil Service Commission as of March 7, 1966:

Employees of the State Board of Stock Inspection - - - 1. Shall not buy and sell cattle, horses, mules or burros for trading or speculating purposes, but they may maintain a breeding herd or own steers or heifers for seasonal grazing or feeding purposes.

2. Shall not inspect cattle, horses, mules or burros that they own or have a financial interest in when a change of ownership or removal from the state is involved.

3. Shall not be employed by or have a financial interest in a public livestock market, a livestock brokerage business, meat processing plant, meat storage locker or butcher and slaughterer's business, nor lend their name or solicit business without compensation for the above described establishments. Ownership of packing company stock listed with a recognized stock exchange or a brokerage company excepted.

4. Any Department employee who engages in employment which is contrary to State Board of Stock Inspection, Civil Service approved rules or regulations, or who persists in pursuing employment which has been disapproved, shall be subject to suspension or dismissal from the State Service.

Regulations 1, 2 and 3, to do with office procedure and No. 4, to do with brand inspection, were passed by the State Board of Stock Inspection October 17, 1967, and are hereby presented to the Attorney General's Office for approval:

1. No inspector's mileage expense accounts be approved for payment before it could be checked against the report that covers the mileage expense involved.

2. Brand inspector's reports and the fees due according to the report, be in this office not later than the fifteenth of the following month.

3. A bank account under the name of the State Board of Stock Inspection Commissioners be established in all full time brand inspector districts for deposit of brand inspection fees and net proceeds of sale for estrays sold. Any check drawn against these accounts must be made payable only to the State Board of Stock Inspection Commissioners. Special brand inspectors whose average yearly fees amount to $20.00 per month shall follow the same procedure. Special brand inspectors whose average yearly fees amount to less than $240.00 or $20.00 per month shall remit periodically by money order or other suitable method as prescribed by the Board.

4. The following procedure to do with brand inspection and the collection of brand inspection fees:

Cattle purchased by an established slaughterer or meat packer at a Colorado licensed public livestock market and taken directly to the packing house for slaughter shall not under ordinary circumstances be subject to a reinspection for brands nor collection of the brand inspection fee.

The same applies to cattle purchased by the packer direct from the cattle feeder that are inspected at point of origin by a duly authorized brand inspector who has issued an official brand certificate and collected the prescribed brand inspection fee. Cattle purchased under the above described conditions that are stopped within Colorado while in transit and exposed to other cattle shall be subject to inspection for brands by a Colorado brand inspector who shall collect the prescribed Colorado brand inspection fee. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1205-2 Administration and Enforcement of the Alternative Livestock Act §§ 35-41.5-101 - 117, C.r.s. {#sec-8-ccr-1205-2 omnilex-key=us-co-regs-official--department-1--8 CCR 1205-2}

DEPARTMENT OF AGRICULTURE

ADMINISTRATION AND ENFORCEMENT OF THE ALTERNATIVE LIVESTOCK ACT § § 35-41.5-101

– 117 C.R.S.

8 CCR 1205-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definition and construction of terms.

As used in these Rules, unless the context otherwise requires:

As used in these Rules, the singular includes the plural, the masculine gender includes the feminine and neuter, and vice versa. All terms used in these Rules shall have the meaning set forth for such terms in the Act. 1.1. “Accredited veterinarian” means an individual who is currently licensed and in good standing with a veterinary licensing board or agency in any state of the United States or the District of Columbia to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. 1.2. “Act” means the Alternative Livestock Act, Title 35, Article 41.5, C.R.S. 1.3. “Alternative livestock” shall have the meaning set forth at § 35-41.5-102(1), C.R.S. 1.4. “Alternative livestock auction” means any place, establishment, or facility at which alternative livestock are received, held, or assembled for either public or private sale. 1.5. “Alternative livestock facility” means any real property licensed by the Board pursuant to §§ 35- 41.5-104, 106 and 107, C.R.S. 1.6. “Animal and Plant Health Inspection Services (APHIS)” means the agency in the United States Department of Agriculture known as the Animal and Plant Health Inspection Services. 1.7. “Applicant” means a person that applies for an alternative livestock license or renewal of an alternative livestock license under the Act. 1.8. “Board” means the State Board of Stock Inspection Commissioners. 1.9. “Buyer” means the person purchasing alternative livestock. The buyer may, or may not be, the same as the purchaser. 1.10. “Cervid” means deer, moose or elk. 1.11. “Change of ownership” means when title to a live alternative livestock animal changes between persons. 1.12. “Chronic Wasting Disease (CWD)” means a transmissible spongiform encephalopathy of fallow deer and elk. 1.13. “CPW” means Colorado Parks and Wildlife. 1.14. “CWD Surveillance Status” means the period of time in months during which an alternative livestock facility has submitted brain specimens from all alternative livestock mortalities 12 months of age and older, regardless of cause, and when all such tests have proven negative for CWD, and when all external alternative livestock additions to the herd originated from a herd with equal or higher CWD Surveillance Status. 1.15. “Consignor” means the person that sends or delivers alternative livestock to the auction to be sold. 1.16. “Herd plan” means a plan approved by the Commissioner of the Colorado Department of Agriculture and the Director of CPW to replace a quarantine previously issued by the State Veterinarian to an alternative livestock facility that has tested positive for the presence of CWD. A herd plan sets forth how the herd and the facility must be managed to minimize the spread of CWD infection. 1.17. “NUES” means United States Department of Agriculture National Uniform Eartagging System. 1.18. “Person” means an individual or any legal entity that is registered to do business in Colorado. 1.19. “Purchase invoice” means the bill of sale issued by a licensed auction market which contains the information required in Part 12 of this Rule. 1.20. “Purchaser” means the person that has obtained title to alternative livestock by making payment for same with cash or an instrument which was honored when presented. 1.21. “Raised” as used in § 35-41.5-104 of the Act means any possession of alternative livestock for any purpose. 1.22. “Second barrier” means a fence or restraint in addition to the 8-foot perimeter fence designed in such a way as to provide additional protection against ingress and egress of alternative livestock and wild cervids and nose to nose contact, as approved by the Board. 1.23. “Seller” means the person that transfers legal title to alternative livestock. 1.24. “Separate location” as used in the Act means any facility located within a separate perimeter fence not connected to another perimeter. 1.25. “State Veterinarian” means the veterinarian designated by the Commissioner of the Colorado Department of Agriculture as the Director of the Division of Animal Health, Colorado Department of Agriculture. 1.26. “Transmissible Spongiform Encephalopathy (TSE)” means a disease of animals which is thought to be caused by an abnormal prion protein which accumulates in the brain and lymphoid tissue causing sponge-like lesions in the brain. 1.27. “Wild cervid” means species of the cervidae family indigenous to Colorado excluding captive animals of the same species held as alternative livestock for exhibition or research.

Part 2. The Licensing System 2.1. Each applicant for a license or renewal of a license shall submit a signed, complete, accurate, and legible application which shall include, at a minimum: the form provided by the Board; the application fee set by the Board; unless provided on the application form, the name and address of the facility, the name under which the facility will operate (the doing business as name), the name or the person who is the primary contact, the address and telephone number of the location where the records are to be kept; the headcount by sex of all live animals at the facility at the time the application/application renewal is made; and any other information required on the form. 2.2. Each applicant that is a corporation or limited liability company must submit a certificate of good standing from the Colorado Secretary of State. 2.3. Each applicant must submit to the Board the name under which the facility will operate. If the licensee operates under more than one name, each such name must be provided to the Board. 2.4. The license fee for new alternative livestock licenses shall be $500.00 per year for any portion of a year. 2.5. The license fee for alternative livestock renewal licenses shall be $300.00 per year for any portion of the year.

(a) The license renewal late fee shall be $30.00 per year. 2.6. No license may be renewed unless (1) the application is accompanied by an inspection certificate completed by a brand inspector indicating that the facility was inspected in connection with the application, and (2) all outstanding license and late fees have been paid in full. 2.7. Alternative livestock facility licenses are not transferable. 2.8. Licensees that do not intend to seek renewal of their facility license must so notify the Board in writing.

Part 3. Records 3.1. Licensed alternative livestock facilities must maintain accurate and legible office records of inventory of alternative livestock; animal purity documents as designated by the Wildlife Commission; and herd or individual animal health documents as designated by the Commissioner of Agriculture. With respect to inventory records, if a facility’s records differ from those maintained by the Board, the facility must, upon written request from the Board, provide a copy of the facility’s inventory to the Board for the purpose of assisting the Board in determining the nature and cause of the discrepancy. 3.2. Inventory records must be kept for each individual animal and must include all of the following information:

(a) Ownership;

(b) Visible dangle ear tag number/color;

(c) Tattoo number;

(d) United States Department of Agriculture National Uniform Eartagging System, (NUES) tag number or official Canadian alphanumeric test tag number if applicable;

(e) Age;

(f) Sex;

(g) Date of purchase and/or date of birth; and (h) Date of death and/or date of change of ownership. 3.3. Any alternative livestock born on a licensed facility must be shown on the facility’s inventory record no later than April 30 of the year following the year of birth. 3.4. Any alternative livestock purchased must be shown on the inventory record promptly after acquisition. 3.5. Office records of alternative livestock facilities licensed by the same person and located within 25 miles of each other by the nearest passable road may be combined and kept at one location.

Part 4. Notification of changes. 4.1. Any death of an alternative livestock animal must be reported to the Board in writing and must be received by the Board no later than the end of the month in which the death occurred unless requested earlier by the Board. Such written notification may be by email and must include: any identification number, any tattoo number, age, gender, cause of death (hunt, on the farm kill, or other cause), and the date or approximate date of death. Notwithstanding the foregoing, no report of death shall be required for any alternative livestock animal that, at the time of its death, is 12 months old or younger and has not been added to the facility’s inventory. 4.2. A carcass release tag must accompany each hunt killed alternative livestock animal when the animal is removed from the licensed alternative livestock facility. The tag must be completed showing all requested information and must be signed by the owner or agent of the licensee. 4.3 Any change in the information provided in any application for a license or the renewal of an existing license must be submitted in writing to the Board within 15 days of such change.

Part 5. Alternative livestock identification. 5.1. Tattoos.

(a) All alternative livestock must be permanently identified with a tattoo number as follows:

(1) CO (indicating Colorado) followed by a number as assigned by the Board (indicating the license number of the alternative livestock farm where tattooed)

(“CO***”); and (2) Any alphanumeric combination of letters or numbers consisting of not less than 4 digits (indicating the individual animal number) (hereinafter referred to as “ID Number”).

(b) Each elk shall be tattooed:

(1) on the left hindquarter in the hairless area beside the tail;

CO*** ID Number (2) in either ear if both the CO*** and the ID Number are in the same ear; or (3) in both ears. If both ears are used, the CO*** shall be tattooed in the animal's right ear and the ID Number shall be tattooed in the animal's left ear.

(c) Each fallow deer shall be tattooed in the right ear.

CO***ID Number (d) Each alphanumeric character must be at least 3/8 inch high.

(e) No tattoo number may be used on more than one animal of the same species. No animal may have more than one Board assigned tattoo.

(f) All calves and fawns must be tattooed by April 30 following the year of birth unless a written exemption has been granted by the Board or its designee.

(g) All other animals must be tattooed within 72 hours of acquisition. Except for calves and fawns not yet tattooed under Part 5.1 (f) of this Rule, no untattooed animal shall be commingled with tattooed animals.

(h) Another method of permanent identification may be used if approved by the Board before use. 5.2. Visible tags or neckbands.

(a) After December 31 of the year born, all alternative livestock must be marked with an approved United States Department of Agriculture (USDA) NUES Tag, or official Canadian alphanumeric test tag, a visible dangle ear number and color tag, or neckband, provided that any ear tag used must be at least 1 inch wide by 1 inch long, and each neckband shall be at least 1 inch wide.

(b) Any lost NUES Tag, dangle ear tag or neckband must be replaced at the earliest opportunity.

Part 6. Facilities. 6.1. Alternative livestock facilities must be fenced sufficiently to prohibit ingress or egress of wild cervids and alternative livestock. At a minimum, fences must extend at least eight (8) feet above ground level with at least six (6) feet of mesh (maximum mesh size shall be 12-1/2′ × 7′). The remaining two (2) feet may be smooth, barbed or woven wire with strands spaced not more than ten (10) inches apart. Construction shall begin no more than two (2) inches above the ground with the mesh portion of the fence beginning no more than 4 inches above the ground. All gates entering animal holding facilities that contain animals must be locked, or must consist of consecutive (double), or self-closing gates. Posts must be four (4) inch minimum diameter wooden or equivalent and spaced no more than 50 feet apart (60 foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There must be a post or stay (wood or steel) every 20 feet. Posts must be at least eight (8) feet above ground level. Corners and gate openings must be constructed of braced wood or equivalent material. Such fences must be maintained at all times such that their ability to prevent ingress or egress, as determined by the Board or its designee, is not impaired. 6.2. All alternative livestock facilities constructed after July 30, 2003 shall be subject to the following requirements:

(a) No new alternative livestock facility license shall be granted absent compliance with the procedures set forth in this Part 6.2 of the Rule. The procedures are intended to ensure that facilities are constructed in such a manner as to mitigate adverse impacts on wild cervid migration patterns and will not result in the preventable capture of wild cervids.

(b) Applicants for licenses shall submit to the Board a facility plan designed to comply with

Part 6.2 (a) above. The Board shall give 10 days notice to the applicant and CPW of an onsite meeting to consider the proposed facility.

(c) Applicants must meet with representatives of the Board and CPW at the site of the proposed facility to discuss the facility plan and review the approximate location of the facility exterior perimeter. Any license issued by the Board shall be conditioned upon compliance with CPW recommendations to mitigate adverse impacts on wild cervid migration patterns. Notwithstanding the foregoing, the fact that longer but reasonably available and suitable migration paths will result from construction of a proposed alternative livestock facility shall not, by itself, constitute a basis for denial of the license application.

(d) Any license granted by the Board must be conditioned upon compliance with CPW recommendations intended to minimize any capture of wild cervids at the time of closing the gates to the proposed facility. Applicants must pay the costs of removing wild cervids entrapped in a proposed alternative livestock facility, provided that such costs bear a reasonable relationship to the benefit to be received by the state. Any wild cervids remaining within the alternative livestock facility after closure of the gates must be removed consistent with a plan submitted by the applicant and approved by the Board and CPW. Such plan may include among other things; the permitted methods licensee shall use to encourage any remaining wild cervids to vacate the facility; the number of public hunters which may be licensed by CPW to expeditiously harvest any wild cervids remaining in the facility; other conditions relative to controlling access and impacts by public hunters on the facility and the time frame for completion of the removal process.

Where complete removal is not possible the state must be fully compensated pursuant to C.R.S. 33-6-110.

(e) Except as otherwise provided in this Part 6.2(e) of the Rule, facilities constructed after July 30, 2003 must be constructed with a double fence or second barrier if such second barrier will be effective in preventing the ingress and egress of alternative livestock and wild cervids. Applicants for an alternative livestock facility license shall bear the cost of construction of such double fence or second barrier, and the proposed double fence or second barrier must be approved by the Board. In reviewing an application for construction of a double fence or second barrier, the Board will take into account any recommendations offered by the CPW. Applicants may petition the Board for a variance from the double fence or second barrier requirement when the proposed facility is located in a game management unit where CWD is not known to exist in wild or captive cervid populations. The Board may also consider a variance request in any game management unit in which the prevalence rate for CWD in the wild cervid population does not exceed 1%. In reviewing a variance request the Board shall consider all relevant factors and must determine that the risk of CWD exposure to alternative livestock and wild cervids is negligible should such variance be granted. Such factors shall include but are not limited to topography of the proposed facility, the quality of the first perimeter fence, risk of ingress and egress by alternative livestock animals and wild cervids, and potential for CWD to spread to the area of the proposed facility. Upon granting the variance and prior to licensing the Board shall seek a determination from CPW as to whether that agency deems the risk of CWD sufficient in CPW’s opinion to require a second fence or barrier, notwithstanding that the criteria for grant of the waiver has been met. Should CPW wish that a second fence or barrier be constructed nonetheless, then such construction shall be undertaken at CPW’s expense, and the Board shall require as a condition of the license an agreement by the applicant to grant CPW an easement for the purpose of constructing and maintaining the second fence or barrier.

(f) All facilities constructed after July 30, 2003 must comply with applicable state and federal water regulations concerning run off water from animal concentration areas. 6.3. Internal handling facilities shall be capable of humanely restraining an individual animal for applying or reading any animal identification, taking blood or tissue samples, or other required testing. Any such restraint shall be properly constructed to protect inspection personnel while handling the animals. 6.4. Licensees must provide an isolation or quarantine holding facility that is adequate to contain the animals and provide proper feed, water, and other care necessary for the physical wellbeing of the animal for the period of time necessary to separate the animal and adequate to prevent nose to nose contact with other cervids. 6.5 The Board will consider the ingress or egress of wild cervids or alternative livestock other than through gates to be presumptive evidence that a licensee’s perimeter fence is inadequate. In such event, the Board may issue an order to show cause why the license for a facility should not be revoked and may conduct a hearing for the purpose of making that determination. The Board may reschedule or dismiss such hearing if such licensee promptly submits a plan to the Board and CPW for remedial action that the Board deems practical and worthy of consideration. The Board will give CPW 10 days notice of (1) the date and time on which representatives of the Board will inspect the facility and evaluate the licensee's remedial plan, and (2) the rescheduled date on which the Board will conduct any hearing held under this Part 6.5 of this Rule. The Board will consult with CPW prior to the scheduled date of such show cause hearing. If the Board does not order revocation of such license, the Board may order such licensee to construct a second barrier at the licensee’s expense or take other action deemed appropriate by the Board. 6.6 Expansions or additions to any existing licensed facility perimeter fence must be approved by the Board prior to commencement of construction. Applicable sections of this Part 6 of the Rule shall apply to any expansions or additions. 6.7 Expansions or additions of existing licensed facilities must be inspected by a brand inspector prior to release of alternative livestock into the addition or expansion.

Part 7. Inspections. 7.1. All alternative livestock facilities must be inspected by a brand inspector within 90 days before a license or the renewal of an existing license is issued. It is the responsibility of the applicant for a new license or the renewal of an existing license to contact the Board to arrange for such inspection. The Board shall have ample time to respond to the request for inspection. 7.2. All alternative livestock must be inspected/counted for inventory purposes within 90 days before a license or the renewal of an existing license is issued. It is the responsibility of the applicant for a new license or the renewal of an existing license to contact the Board to arrange for such inspection. The Board shall have ample time to respond to the request for inspection. Any discrepancy between the number and identification of animals determined during such inspection and the number and identification of animals reflected in the records maintained by a licensee as required in Part 3 of this Rule must be resolved by the licensee to the Board’s satisfaction within one month after notification to the licensee unless a written exemption from this requirement is provided by the Board or its designee. 7.3. All alternative livestock must be inspected by a brand inspector when any change of ownership occurs to determine and certify ownership. The following requirements shall be met for any change of ownership inspection:

(a) It is the responsibility of the seller to arrange for such inspection. The Board shall have ample time to respond to the request for inspection.

(b) The seller must have available at the time of inspection records to certify ownership, completed animal purity documents as designated by the Wildlife Commission, and completed herd or individual animal health documents as designated by the Commissioner of Agriculture.

(c) The seller must have the alternative livestock to be inspected properly contained in facilities adequate to contain each individual animal for proper inspection.

(d) The animals shall be contained at the appointed inspection time and be accessible for (e) Except as otherwise provided in Part 7.5 of this Rule, alternative livestock must be inspected before being loaded or moved outside any perimeter fence.

(f) The seller must report to the Board in writing any alternative livestock animal that is not transferred following inspection. 7.4. Any alternative livestock animal purchased from an out-of-state source shall be tattooed and inspected within 72 hours of arrival at a licensed alternative livestock facility before it is released into and combined with any other alternative livestock. All requirements of Part 7.3 of this Rule shall apply to the inspection of such animals. 7.5. All alternative livestock moved to any location outside of the perimeter fence must first be inspected by a brand inspector unless (1) moved to an alternative livestock facility licensed by the same person and located within 25 miles by the nearest passable road, or (2) moved to any Colorado licensed slaughter plant. The following requirements must be met for any movement inspection:

(a) It is the responsibility of the owner to arrange for such inspection. The Board shall have ample time to respond to the request for inspection.

(b) The owner must have available at the time of inspection records to certify ownership, completed animal purity documents as designated by the Wildlife Commission, and completed herd or individual animal health documents as designated by the Commissioner of Agriculture.

(c) Completed herd or individual animal health documents as designated by the Commissioner of Agriculture must accompany the alternative livestock during any interstate movement.

(d) A Colorado inspection certificate must accompany any intrastate movement of alternative livestock unless moved to an alternative livestock facility licensed by the same person and located within 25 miles by the nearest passable road. A Colorado inspection certificate must accompany any interstate movement of alternative livestock originating in Colorado. Proof of ownership must accompany all interstate movement of alternative livestock to a Colorado destination.

(e) The owner must have the alternative livestock to be inspected properly contained in facilities adequate to contain each individual animal for proper inspection.

(f) The animals must be contained at the appointed inspection time and be accessible for (g) Except as otherwise provided in this Rule, animals shall be inspected before being moved to a location outside any perimeter fence.

(h) The owner must report to the Board in writing any animal that is not shipped following 7.6. Proof of ownership shall consist of:

(a) A Colorado inspection certificate;

(b) A purchase invoice from a licensed public livestock market showing individual animal identification;

(c) A duly executed bill of sale. For any bill of sale issued after July 1,1994, only out of state bills of sale will be recognized;

(d) Court orders;

(e) Certification that the animal was born from animals owned by the seller; or (f) Any other document the Board may deem acceptable. 7.7. There shall be no charge for inventory inspections conducted pursuant to Part 7.2 of this Rule. 7.8. Except for inventory inspections conducted pursuant to Part 7.2 of this Rule, all alternative livestock inspections shall include a service charge of $40.00 per stop per owner payable at the time of appointment for inspection regardless of whether an inspection occurs. This service charge shall be in addition to the per head inspection fee set forth in Part 7.9 of this Rule. 7.9. Except for inventory inspections conducted pursuant to Part 7.2 of this Rule, the per head inspection charge shall be $7.00 payable at the time of inspection and before an inspection certificate is issued. 7.10. After July 1, 1994, any alternative livestock moved or changing ownership shall be tattooed pursuant to part 5 of this Rule.

Part 8. Estrays. 8.1. All wild cervids that become entrapped on a licensed alternative livestock facility must be separated from the alternative livestock no later than 72 hours following discovery of the entrapment. In addition, upon discovery of any entrapment of wild cervids on a licensed alternative livestock facility, the licensee must notify CPW and the Board or its designee. 8.2. All alternative livestock that escape the perimeter of the alternative livestock facility must be recaptured within 72 hours from discovery of the escape. Any escape of an alternative livestock animal must be reported to CPW and the Board or its designee within 72 hours of discovery.

Part 9. Alternative livestock auction facilities. 9.1. A facility at which an alternative livestock auction takes place must be capable of containing alternative livestock, must have an at least 8-foot high fence, and must meet one of the following requirements:

(a) Located within the fenced perimeter of a licensed facility;

(b) In a totally enclosed building containing approved confinement facilities;

(c) At a site which is prior-approved by the Board; or (d) By video auction if all inspections required by Part 7 of this Rule are met. 9.2. Alternative livestock received, held or assembled for auction must be kept separate from, and may not be commingled with, an accredited herd. Separation shall be demonstrated by separate feed and water and physical separation by at least twenty feet, or by a solid partition sufficient to prevent nose-to-nose contact. 9.3. No alternative livestock auction may take place at a facility which is under quarantine. 9.4. The facility at which an alternative livestock auction takes place shall have a proper working facility to inspect the animals, read tattoos and conduct any necessary testing. 9.5. The auction facility shall sell alternative livestock as individual lots, either as individual animals or animals of the same seller.

Part 10. Requirements for consignment at an alternative livestock auction. 10.1. Every animal consigned for sale at an alternative livestock auction must be from a herd of known tuberculosis status, specifically, accredited, qualified or monitored. The health certificate accompanying the consigned animal shall document the tuberculosis status of the herd of origin.

The health certificate shall also document the presence of tattoos, the location of tattoos, the dangle ear tag number and the United States Department of Agriculture NUES alphanumeric tag number. 10.2. Inspection by a brand inspector is required for each consigned animal from a Colorado licensed facility prior to transportation to the alternative livestock auction, or prior to sale, even if the animal is not transported. The inspection certificate shall contain the name and address of the alternative livestock auction facility. The seller shall deliver the inspection certificate to the alternative livestock auction. 10.3. Every animal consigned for sale at an alternative livestock auction must be accompanied by proof of purity, specifically, proof of testing, North American Elk Breeders Association papers or CPW herd purity certificate demonstrating that the animal is free from red deer hybridization. 10.4. Every animal coming to the auction from outside Colorado must meet all requirements for importation into Colorado. Further, every animal coming from outside the state of Colorado must be accompanied by certification of legal title. If the animal comes from an inspection state, it must be accompanied by an inspection certificate. 10.5. All records for animal health and purity purposes required by the Uniform Methods and Rules and/or this Rule to accompany a consigned animal shall be maintained by the auction.

Part 11. Tattoo requirements of animals sold through an alternative livestock auction. 11.1. If an animal carries a legible tattoo of a minimum of four alphanumeric characters, the purchaser, if a Colorado licensed facility, must tattoo the animal with CO and the license number of the alternative livestock farm. 11.2. If the animal carries a tattoo of less than four alphanumeric characters, or if the tattoo carried by the animal is a duplicate in an individual herd, the animal shall be re-tattooed by the purchaser pursuant to Part 5 of this Rule. 11.3. The purchase invoice shall notify the Colorado licensed facility that purchases an animal without a tattoo that the purchaser is required to tattoo the animal and arrange inspection within 72 hours as set forth in Part 5.1.(g) of this Rule.

Part 12. Requirements for purchase invoices. 12.1. The purchase invoice utilized by an alternative livestock auction must contain the following information:

(a) Lot number, dangle ear tag number, United States Department of Agriculture NUES number, tattoo number and location, sex, age and price of each animal;

(b) Name of the seller and consignor and the seller's address and phone number;

(c) Name of the purchaser and purchaser's agent and the purchaser's address and phone number;

(d) The inspection certificate number and the name of the Colorado or other state's inspector of the certificate accompanying the animal to auction; and (e) The name of the Colorado licensed facility and the designation “intransit” for all animals which will be offloaded at a Colorado licensed facility for intransit care. 12.2. The purchase invoice must contain the following statements, requiring the purchaser to initial in the box:

(a) If any of the animals purchased above is not tattooed and you are a Colorado licensed alternative livestock facility, you are required by the Rules pertaining to the administration and enforcement of the Colorado Alternative Livestock Act to tattoo the animal and request inspection within 72 hours of purchase.

(b) Any intransit animal held at a Colorado licensed facility over 30 days must be reinspected by a Colorado brand inspector prior to moving or transporting the animal to its final destination and all inspection fees shall be paid. 12.3. A copy of each purchase invoice from the auction shall be delivered to the Board.

Part 13. RESERVED

Part 14. RESERVED

Part 15. RESERVED

Part 16. Cervid (elk/fallow deer) Slaughter Rules. 16.1. Any butcher or slaughter plant licensed by the Colorado or United States Department of Agriculture and desiring to slaughter cervids must notify the Board on the license application of the intent to butcher and/or slaughter cervids. 16.2. All cervids must be tested for CWD when slaughtered at any licensed Colorado slaughter plant regardless of origin. The licensed plant must submit the brain for testing to an authorized CWD testing lab as designated by the State Veterinarian within 24 hours after slaughter. The cost of testing shall be paid by the licensed plant. The cost may be charged back to the animal owner.

(a) All carcasses of cervids slaughtered must be held at the slaughter facility until CWD test results are confirmed and animal origin verified. If the carcass must be processed prior to CWD results being confirmed, all meat products must be held as set forth in Part 16.2(b) of this Rule.

(b) All carcasses and meat products must be identified by specific identification which correlates to the identification of the sample at the CWD lab.

(c) Any cervid that tests positive for CWD must be reported to APHIS and the State Veterinarian for disposition. 16.3. All samples sent to any CWD testing lab (as designated by the State Veterinarian) must have all animal identification noted with the sample (tattoo numbers, USDA NUES Tag, and dangle ear tag color and number) and be accompanied by an official Colorado alternative livestock inspection certificate (this certificate may be faxed to the laboratory if not sent with the actual sample). All animal identifiers shall remain intact on the cervid head until after inspection and released by a brand inspector. (Each alternative livestock owner shall make their own arrangements with the slaughter facility and the testing lab to preserve samples suitable to DNA verification) 16.4. All cervids slaughtered at a licensed plant must be inspected for identification and title by a brand inspector and the fee shall be $7.00 per head. Animals may be released at the discretion of the area inspector for inspection at the plant providing the animals do not cross the state line en route. The inspector in the area of the cervid's origin must call and inform the inspector for the slaughter facility that the animal has been released. A copy of the official inventory from the licensed facility must accompany the animal to the slaughter facility and specifically note the animals in the shipment. 16.5. Containment of live cervids shipped to any Colorado licensed slaughter facility.

(a) The perimeter of a containment facility shall be constructed consistent with Part 6.1 of this Rule.

(b) All perimeters, holding pens, and alleyway construction shall be the sole responsibility of the licensed slaughter plant and must be properly constructed to contain the animals consigned to slaughter. Written acknowledgment by a brand inspector that the plant has satisfied this requirement must be on file with the Board prior to licensing the plant to slaughter cervids.

(c) The State Veterinarian or his designee shall have sole discretion in the disposition of any cervid and other cervid source mates shipped to any slaughter plant which test positive for CWD.

(d) A containment facility at a licensed slaughter facility that has held positive CWD animals or source herd mates shall not be used to hold live animals until the pens and alleyways are cleaned and disinfected as ordered by the State Veterinarian or his designee. The pens or alleyways shall not be utilized until released in writing by the State Veterinarian. 16.6. Live cervids shipped into Colorado for slaughter from any destination must be killed within 72 hours of arrival unless consigned to a terminal bio-secure facility.

(a) All cervids shipped into Colorado for slaughter which are not slaughtered within 72 hours of arrival must meet all current import requirements including records to certify ownership, animal purity documents as designated by the Wildlife Commission, and herd or individual animal health documents, and be properly tattooed and inspected upon arrival.

(b) All cervids shipped into Colorado for slaughter must be held in separate pens by herd of origin.

(c) All out-of-state cervids must be identified by a dangle ear tag or colored neck band or colored spray paint marking and the visual identification statement shall be shown on the Interstate Certificate of Veterinary inspection.

(d) Any escape shall be reported to the Board and CPW immediately. 16.7. Violators are subject to sanction under 35-41.5-112 through 35-41.5-115, C.R.S. and as otherwise set forth in this Rule.

Part 17. Terminal Bio-Secure Enclosures. 17.1. Terminal bio-secure enclosure is a terminal cervid holding facility for slaughter only arrivals. Once an animal enters this enclosure it must go directly to slaughter. All terminal bio-secure facilities must be approved in writing prior to animal entry by the State Veterinarian or his designee. A complete description, plat drawing, and location (including address if applicable) must be in writing and held on file at the Colorado State Board of Stock Inspection in conjunction with the letter of approval from the State Veterinarian. 17.2. Construction.

(a) Minimum perimeter fence requirements must comply with CPW Rules Chapter 11.

Double fenced with a minimum separation of 15 feet at the closest point and the interior fence meeting minimum State requirements as above.

(b) The terminal bio-secure enclosure must be self-contained with working facilities as per

Part 6.3 of this Rule totally within the double fence.

(c) The terminal bio-secure facility must have loading facilities totally within the double fence perimeter.

(d) The enclosure must provide separate holding areas to keep animals separate by herd source and of sufficient size for industry accepted standard animal care with feeding and watering capabilities.

(e) The enclosure shall not exceed 40 acres total size.

(f) The location of the terminal bio-secure enclosure must be such that no live water enters or exits the perimeter.

(g) If the terminal bio-secure enclosure is not located within a properly licensed alternative livestock facility, it must obtain a separate license from the Board as an alternative livestock facility. 17.3. Animals entering an approved terminal bio-secure facility must be slaughtered no later than 30 days following entry. 17.4. All cervids entering Colorado consigned to an approved terminal bio-secure enclosure must be accompanied by a current certificate of veterinary inspection showing the Colorado entry permit number and proof of ownership verifying the shipper is the legal owner. 17.5. All cervids entering Colorado consigned to a terminal bio-secure enclosure must be identified and comply with Part 16.6(c) of this Rule. 17.6. Inventory Control (a) All cervids entering a terminal bio-secure facility must be inspected into the perimeter by a brand inspector within 48 hours of arrival.

(b) The licensee accepting shipment into the terminal bio-secure facility shall be responsible for affixing a colored dangle ear tag clearly displaying the date of entry and a numeric or alphabetical character for individual identification within a source herd shipment. (For example: A-6/7/01, B-6/7/01, C-6/7/01, etc. or 1-6/7/01, 2-6/7/01, 3-6/7/01, etc.) Each source herd shall be identified by a different color and the same colors shall not be used within the enclosure at the same time.

(c) Cervids leaving a terminal bio-secure facility must be shipped directly to a USDA approved licensed slaughter facility and must be inspected at destination by a brand inspector as per Part 16.4 of this Rule.

(d) The in-inspection inventories of a terminal bio-secure enclosure shall be kept separate and distinct from the alternative livestock facility license inventory if located within a licensed facility. 17.7. Fees for in-inspection and exit inspection: the fees authorized by the Board for the official inspection into an authorized terminal bio-secure enclosure shall be $7.00 per head with a $40.00 minimum. The fees authorized for exit out of an authorized terminal bio-secure facility shall be as per Part 16.4 of this Rule for animals shipped direct to slaughter. 17.8. A terminal bio-secure facility that has held positive CWD animals or source mates shall not be used to contain live animals until the pens and alleyways are cleaned and disinfected as ordered by the State Veterinarian or his designee. Release to utilize the terminal bio-secure enclosure must be in writing signed by the State Veterinarian or his designee. 17.9. Violators are subject to sanction under 35-41.5-112 through 35-41.5-115, C.R.S. and as otherwise set forth in this Rule.

Part 18. RESERVED

Part 19. Concerning the Eradication of Chronic Wasting Disease among Alternative Livestock Herds. 19.1. Revocation of Alternative Livestock Licenses (a) A positive diagnosis of CWD as determined by an approved laboratory of either a wild or private animal found within the perimeter fence of an alternative livestock facility may subject the herd to quarantine by the State Veterinarian. The alternative livestock license of any quarantined herd shall immediately be subject to any and all terms and conditions of any such quarantine, including any terms regarding import and export of alternative livestock. Renewal of such license shall be contingent upon written approval from the State Veterinarian during the term of any such quarantine. Any material violation of the terms of such quarantine may be grounds for disciplinary action against the license, which discipline may include revocation of the license of such facility.

Parts 20. – 25. RESERVED

Part 26. Statements of Basis, Specific Statutory Authority & Purpose 26.1. July 1, 1994 - Effective July 3,1994, and August 11, 1994 - Effective September 30, 1994 (Parts 1– 8)

The purpose of these rules is to establish standards and procedures for the enforcement of §§ 35-41.5-101 to 117, C.R.S. the Alternative Livestock Act. The authority for these rules is § 35- 41.5-105, of the Alternative Livestock Act which requires the State Board of Stock Inspection Commissioners to administer and enforce the Alternative Livestock Act. Section 35-41.5-105(2) requires the State Board of Stock Inspection Commissioners to adopt any necessary and reasonable rule for the administration and enforcement of the Alternative Livestock Act. 26.2. December 15, 1994 — Effective December 15, 1994, and February 8, 1995 — Effective March 3, 1995 (Part 5)

This rule is adopted under the Alternative Livestock Act pursuant to § 35-41.5-105, C.R.S., and pertains to the administration and enforcement of the Alternative Livestock Act.

During the 1994 legislative session, Article 41.5 of Title 35 was enacted as the Alternative Livestock Act. The State Board of Stock Inspection Commissioners has adopted rules to administer and enforce the provisions of the Alternative Livestock Act. The identification of individual animals has been required by State Board of Stock Inspection Commissioners pursuant to the Alternative Livestock Act.

Part 5.1 of said rules established tattooing requirements which have in some instances proved to be unworkable. Some elk have been difficult to tattoo on the butt. Some butt tattoos have proven unreadable after even a short period of time. In addition, the area to be tattooed on a calf has been too small for the amount of information required. Because of weather or other factors, some alternative livestock owners have been unable to meet the deadline that all calves be tattooed before January 31 following the year of birth.

The State Board of Stock Inspection Commissioners (“Board”) has modified the tattooing requirements with this rule to allow tattooing elk either on the butt or in the ear. In addition, the Board modified the rules to allow an exemption from the requirement that calves and fawns be tattooed before January 31 following the year of birth. With this rule, all tattoos will have the same minimum size.

The purpose of these rules is to establish tattooing standards and procedures for alternative livestock. The authority for these rules is § 35-41.5-105, of the Alternative Livestock Act which requires the State Board of Stock Inspection Commissioners to administer and enforce the Alternative Livestock Act. Section 35-41.5-105(2) requires the State Board of Stock Inspection Commissioners to adopt any necessary and reasonable rule for the administration and enforcement of the Alternative Livestock Act. These rules allow the State Board of Stock Inspection Commissioners to comply with the Alternative Livestock Act.

No policy issues were encountered in making this rule. 26.3. March 19, 1995 — Effective April 30, 1995 26.4. May 8, 1998 — Effective May 8, 1998 July 8, 1998 — Effective August 30, 1998 These emergency rules pertaining to the administration and enforcement of the Alternative Livestock Act are adopted pursuant to § 35-41.5-105(2), C.R.S. (1997).

These rules are adopted on an emergency basis, as defined in the Administrative Procedures Act, § 24-4-103(6), C.R.S. (1997). Immediate adoption of these rules is imperatively necessary for the preservation of public health, safety or welfare and compliance with the requirements of § 24-4-103 would be contrary to the public interest. A bull elk was discovered in Nebraska that tested positive for Chronic Wasting Disease (“CWD”). The diseased elk was traced to Colorado licensed alternative livestock facilities. CWD is a transmissible spongiform encephalopathy.

Immediate measures are required in order to detect and track any exposure of individual animals and other herds to CWD. Delay in instituting testing requirements for CWD, which would result from compliance with the publication and hearing requirements of §24-4-403, may result in diseased animals being moved thereby causing additional potential exposure to CWD.

Under present technology, no live animal test exists for detection of CWD. The testing required in these emergency rules reflects the state of the art for detection of CWD.

By vote on April 17, 1998, the Colorado Agricultural Commission required the following requirements concerning the control on infectious diseases, as set forth in § 35-41.5-105(2)(b), C.R.S. (1997).

These emergency rules shall be effective May 8, 1998. 26.5. July 8, 1998 — Effective August 30, 1998 (Part 7)

These rules are adopted pursuant to § 35-41-101(3), C.R.S. (1997) and § 35-53-130, HB 98- 1101.

The purposes of these rules are to establish the annual transportation permit fee and to define the requirements of an annual transportation permit. 26.6. July 8, 1998 — Effective August 30, 1998 (Parts 9 – 15)

These amendments to the rules pertaining to the administration and enforcement of the Alternative Livestock Act are adopted pursuant to § 35-41.5-105(2), C.R.S. (1997).

The purposes of these amendments are to establish requirements for the public sale of alternative livestock, health monitoring requirements for alternative livestock and grounds for disciplinary actions. 26.7. February 10, 1999 — Effective March 30, 1999 (Parts 2 & 3)

This amended rule is adopted pursuant to the powers and duties of the Colorado State Agricultural Commission, § 35-1-106(1)(o), C.R.S. (1998).

The purposes of this amended rule are to: allow importation of alternative livestock into Colorado only from herds with known tuberculosis status; to update incorporation of federal standards; and to make the statutory change in the per head assessment. 26.8. August 6, 2001 — Effective August 6, 2001 (Part 16& 17) October 11, 2001 — Effective November 30, 2001 The statutory basis for the rules titled Cervid Slaughter Rules is the Alternative Livestock Act, § 35-41.5-101 through 117, C.R.S. (2001). The purpose of these rules is to protect the public health and animal health by detecting chronic wasting disease (CWD) in captive wildlife and alternative livestock presented in Colorado for slaughter and enact procedures to prevent the spread of CWD among animals. 26.9. October 11, 2001 — Effective November 30, 2001 (Part 18)

To minimize the risk of importing alternative livestock into Colorado which are infected, or exposed to the transmissible spongiform encephalopathy disease of cervidae known as chronic wasting disease (CWD). This rule requires that imported alternative livestock and their herd of origin have a minimum 36 months of CWD surveillance of all mortalities regardless of cause at the adoption of this rule. 26.10. April 22, 2002 — Effective April 22, 2002 (Part 19)

The statutory basis for these rules is the Alternative Livestock Act, §§ 35-41.5-101 through 117, C.R.S., and the Prevention and Eradication of Disease Act, §§35-50-101, 102, 136(3.2), C.R.S. and § 35-1-106(1)(o) C.R.S.

The purpose of this rule is to prevent the spread or recurrence of Chronic Wasting Disease through enhanced licensing requirements of alternative livestock facilities. 26.11. June 10, 2002 — Effective July 30, 2002 The purpose of these revisions to Parts 1 – 3 is to include portions of the rule that were inadvertently deleted through the publication process of the Colorado Code of Regulations. No substantive changes will be made to the rules and regulations previously adopted by the State Board of Stock Inspection. The statutory basis for these rules is the Alternative Livestock Act, §§ 35-41.5-101 through 117, C.R.S.; the Prevention and Eradication of Disease Act, §§ 35-50-101, 102, 110, 136(3.2) and § 35-1-106(1)(o), C.R.S.; and the authority of the State Board of Stock Inspection § 35-41-101 C.R.S. 26.12 May 14, 2003 — Effective July 30, 2003 The statutory basis for these rules is the Alternative Livestock Act, §§ 35-41.5-101 through 117, C.R.S. and the authority of the Brand Board, 35-41-101, C.R.S.

Non-substantive revisions were made throughout the rule to enact certain “housekeeping” changes, such as the correction of grammatical and typographical errors, as well as organization.

Part 26 was added to include Statements of Basis and Purpose previously adopted. Substantive changes were made to Parts 2, 3, 6, 14, 18 & 19. Parts 2, 3 and 14 were deleted and in separate

rule-making are moved to rules of the Colorado Department of Agriculture, Division of Animal Industry. Part 18 was deleted due to the expiration of emergency rules that were not enacted to become permanent. Portions of Part 19 were moved to Part 1, and changes were made to enact provisions of the “Memorandum of Agreement Between the Colorado Department of Agriculture and the Colorado Department of Natural Resources, Division of Wildlife for Development of a Coordinated State Program to Address Chronic Wasting Disease.” The purpose of revisions to

Part 6 of this rule are to amend the fencing and facility design requirements for new Alternative Livestock facilities constructed after the date of enactment of these amendments to prevent the spread of Chronic Wasting Disease among alternative livestock in Colorado by better isolating wild cervids from alternative livestock. 26.13 December 10, 2003 - Effective March 1, 2004 The statutory basis for these rules is the Alternative Livestock Act 35-41.5-101-117 C.R.S. and the authority of the Brand Board 35-41-101 C.R.S. Additions or changes to Parts 1, 6, 7, and 19 reflect language to clarify the intent of the rule, and to implement the applicable provisions of the Memorandum of Agreement (MOA) signed in June 2002, between the Division of Wildlife and the Department of Agriculture, for the purpose of preventing the spread of Chronic Wasting Disease.

Additions to Parts 1 and 7 clarify and improve enforcement of the act. In Part 6 several changes are intended to clarify specific authority and to implement the provisions of the MOA (6/2002)

Parts 6.6 and 6.7 specifically address expansions or additions to existing facilities and insure compliance with the intent of the Board and the Alternative Livestock Act.

Part 19 revisions correct a conflict between these rules and Part 3.4 of the rules ‘Concerning the Prevention of Disease in Alternative Livestock’ 8 CCR 1201-17 adopted April 29,2003. 26.14 October 12, 2011 – Effective November 30, 2011 The statutory authority for these rules is the Alternative Livestock Act § 35-41.5-105(2)(c) and (g), C.R.S., and the general authority of the State Board of Stock Inspection Commissioners found at § 35-41.5-105(3), C.R.S.

The basis of these rules is to comport record-keeping requirements with industry practice and to modify the fee structure to reflect the actual cost of the program.

Changes to Part 2.5 reflect a reduction in fees in line with the actual cost of administering the program.

Changes to Part 3.3 comport with common practices within the elk industry with regard to tattooing, which cannot reasonably be accomplished until after December 31 of the year in which any elk calf is born. As such, the Board modifies the deadline for submission of records related to births and tattooing to a later date to allow producers to update records in accord with typical herd management practices, calving seasons, and related tattooing. 26.15 Adopted December 16, 2015- Effective January 30, 2016 SPECIFIC STATUTORY AUTHORITY The specific statutory authority of this Rule is located in §§ 35-41.5-105(2)(a) through (g), 105(3), C.R.S., which cumulatively grant authority to the State Board of Stock Inspection Commissioners to adopt Rules related to operation of alternative livestock facilities, record-keeping, the form and manner of records submissions, standards of practice for a licensee, and setting classification and sub-classification of alternative livestock farms.

Purpose The purpose of this rule-making is to provide revisions, updates, and clarifications to the “Administration and Enforcement of Alternative Livestock Act §§ 35-41.5-101 – 117 C.R.S” Rules to make them easier to read and understand while updating the Rules to reflect changes in industry practice, terms and definitions of agencies (state and federal), and board concerns.

These changes in this rule-making reflect the efforts of the reviewers to clarify the Rules while encouraging the development of the alternative livestock industry within Colorado.

The definitions within this Rule have been updated to harmonize them with those definitions found in the Rules of the Animal Health Division of the Department of Agriculture where disease

regulation within alternative livestock is addressed. The reviewers sought to clarify sentences, update language, remove duplicative terms, and increase readability of the Rules overall in accord with the Department’s Regulatory Efficiency Review Process.

Factual Policy and Issues Since the last modification of these Rules, the Colorado Division of Wildlife has become the Colorado Division of Parks and Wildlife. This name change and the division’s acronym, “CPW,” have been changed within this Rule. The reviewers noted that portions of the Rule were duplicative and unnecessary. For instance parts 2.1 and 2.7 were combined into one.

The regulated industry requested that records for two facilities, located within 25 miles of one another and licensed by the same person, be permitted to be kept at one location; that change is incorporated. Additionally, the regulated industry requested that additional time for notification of alternative livestock death be extended from two days. This Rule change extends that to the end of the month in which the death occurred and provides the opportunity for notification by e-mail.

The standards and practices were updated to require that a carcass release tag accompany huntkilled alternative livestock when the animals are removed from the facility. Additionally, the reviewers clarified that for elk not on the inventory that are less than 12 months of age at the time of death need not be reported to the Board.

Because alternative livestock receive various forms of identification and because the regulated industry is not utilizing brands for identifying their alternative livestock, the reviewers removed provisions regarding branding of elk.

With regard to inspections, the reviewers clarified how discrepancies between official inventory records and facility records are to be reconciled at the time of annual inspection. The reviewers clarified a facility owner must notify the Board of any alternative livestock that do not ship after a shipment inspection to assist the Board with maintaining accurate records internally. Additionally, the reviewers clarified the inspection-fee language.

With regard to eradication of Chronic Wasting Disease, all references to de-population have been removed from these Rules, as state and federal authorities are rarely exercising this method of control any longer.

Throughout the Rule, the reviewers adjusted language to bring added clarity to the sentences and phrases, to remove redundancies, and to harmonize the words and phrases used throughout the

Rule. 26.16 Adopted July 15, 2025 – Effective September 14, 2025 Specific Statutory Authority The statutory authority for the changes to this rule are found at §§35-41.5-105(2)(g) and (3).

Purpose of these Rules This rule is proposed by the State Board of Stock Inspection Commissioners (the “Board”) to modify the fee structure to cover more of the actual costs of the program; correct spelling errors; add a late fee for late renewal applications; and revise part 13. _________________________________________________________________________ Editor’s Notes

History Parts 2, 3, 26 eff. 11/30/2011.

Entire rule eff. 01/30/2016.

Parts 1, 2, 7-13, 16-17, 26.16 eff. 09/14/2025.

8 CCR 1205-3 Rules Pertaining to the Annual Transportation Permit for Cattle or Alternative Livestock {#sec-8-ccr-1205-3 omnilex-key=us-co-regs-official--department-1--8 CCR 1205-3}

DEPARTMENT OF AGRICULTURE

State Board of Stock Inspection Commissioners RULES PERTAINING TO THE ANNUAL TRANSPORTATION PERMIT FOR CATTLE 8 CCR 1205-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Requirements of a valid annual transportation permit A valid annual transportation permit shall be issued on a form prescribed by the Colorado State Board of Stock Inspection Commissioners. In order to be valid, the following information shall be contained on the form: 1.1. A complete description of the animal including color, breed, sex, and brands. 1.2. A legible expiration date which is one year from the date of issue. The brand inspection seal shall be placed over the expiration date.

Part 2. Fees 2.1. [Expired 05/15/2020 per House Bill 20-1179] 2.2. The annual transportation permit fee for rodeo cattle which are permanently branded with the owner's Colorado recorded brand shall be $5.00 per head.

Part 3. Statements of Basis and Purpose 3.1. Adopted July 8, 1998 – Effective August 30, 1998 These rules are adopted pursuant to § 35-41-101(3), C.R.S. (1997) and § 35-53-130, HB 98-1101.

The purposes of these rules are to establish the annual transportation permit fee and to define the requirements of an annual transportation permit. 3.2. Adopted December 20, 2018 – Effective February 15, 2019 These rules are proposed for adoption by the State Board of Stock Inspection Commissioners pursuant to their authority under §§ 35-41-101 (3) and 35-53-130, C.R.S.

Purpose The purpose of this rulemaking is to remove alternative livestock from the rule; update fees; and update language.

Factual and Policy Issues State Board of Stock Inspection Commissioners Since this rule was initially adopted in 1998, the handling of alternative livestock has changed dramatically because of the concern regarding chronic wasting disease (CWD). As a matter of practice, alternative livestock cannot travel without authorization from the State Veterinarians Office working in conjunction with Colorado Parks and Wildlife (CPW) and with brand inspectors. A blanket travel authorization that includes alternative livestock is inappropriate.

The proposed fee changes mirror the fee changes in 8 CCR 1205-6 “State Board of Stock Inspection Fees” adopted on October 15, 2014, effective January 1, 2015. Updating the fees will bring this rule into conformity with what has been in effect and collected since January 1, 2015. 3.3. Adopted July 15, 2025 – Effective September 14, 2025 The statutory authority for the changes to this rule is found at § 35-53-130(1).

Purpose of these Rules The purpose of this rule change is to mirror the fee changes in 8 CCR 1205-6 “State Board of Stock Inspection Fees” adopted July 15, 2025, effective September 14, 2025. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 02/15/2019.

Parts 2-3 eff. 09/14/2025.

Annotations

Rule 2.1 (adopted 12/20/2018) was not extended by House Bill 20-1179 and therefore expired 05/15/2020.

8 CCR 1205-4 Rules Pertaining to the Feedlot Certification Act {#sec-8-ccr-1205-4 omnilex-key=us-co-regs-official--department-1--8 CCR 1205-4}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE FEEDLOT CERTIFICATION ACT

8 CCR 1205-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definitions 1.1. “Act” means the Feedlot Certification Act, §§ 35-53.3-101 through 115, C.R.S. 1.2. “Board” means the Colorado State Board of Stock Inspection Commissioners. All notifications to the Board required by this Rule must be made to the Broomfield Office as defined herein. 1.3. “Broomfield Office” means the Broomfield office of the State Board of Stock Inspection Commissioners, 305 Interlocken Parkway, Broomfield, CO 80021. 1.4. “Direct to slaughter movement permit” means a certificate on forms provided to certified feedlot licensees by the Broomfield Office and prepared by persons identified and authorized by the feedlot to prepare the certificate. 1.5. “Inspector” means a brand inspector performing inspections on behalf of the State Board of Stock Inspection Commissioners, Colorado Department of Agriculture. 1.6. “Notice within 24 hours of arrival” as used in § 35-53.5-109(3), C.R.S. means notice shall be provided at any time before but not later than 24 hours after arrival. 1.7. “Source” means the origin of the animals. That lot of animals purchased at a specific market on the same day are from the same source. Further, animals purchased from one legal entity and shipped together on one date from one shipping point are considered from the same source. For animals purchased by an order buyer from several entities and loaded at different locations, each shipping point, as identified by the required purchase documents pursuant to § 35-53.5-109(3), C.R.S., shall be considered a source.

Part 2. Application for certification 2.1. A feedlot must apply for certification on the form(s) provided by the Board. 2.2. At a minimum, the applicant must provide the following information: 2.2.1. The full name of the legal entity to be named on the certification; 2.2.2. Specification as to the type of legal entity, e.g., individual, corporation, limited liability company, partnership, or association; 2.2.3. Mailing and/or business address for the feedlot; 2.2.4. Physical address for the feedlot; 2.2.5. The names and addresses of all owners, partners, members or officers, as applicable; 2.2.6. The name and address of the registered agent for service, as applicable; 2.2.7. The total feedlot capacity, when full; and, 2.2.8. The number of separate pens with proper inspection areas for incoming feeder cattle. 2.3. A facility authorization form provided by the Board and signed by the area Inspector or Inspector Supervisor, confirming that proper working areas and holding pens are available at the feedlot, must accompany each new application. 2.4. The application fee, as set forth in Part 3.1., must be submitted with the application. 2.5. The feedlot must ensure proper and appropriate working areas for the inspections as defined in

Part 4.6.

Part 3. Fees 3.1. The fee for application and annual renewal of certification shall be $1,200.00 per year, or such lesser sum as the Board may direct.

Part 4. Required separation of cattle 4.1. Any feedlot with a new certification or being reinstated after suspension or revocation must not commingle any cattle which enter the lot after the effective date of certification or reinstatement with cattle in the lot prior to such certification or reinstatement. All animals in the lot prior to the date of certification or reinstatement must be inspected prior to slaughter pursuant to the provisions of § 35-53-105, C.R.S., and all applicable fees must be paid at the time of such inspection. 4.2. All animals entering a certified feedlot not accompanied by a current brand inspection certificate or a purchase sheet from a brand inspection state specifically identifying the animals by brand or no brand shall be kept separate by source until inspected pursuant to § 35-53.5-109(3), C.R.S. 4.3. Animals may be held separate by source in any secure enclosure at the certified feedlot where proper animal care can be provided. 4.4. The facility must be such that animals held separate by source may be readily placed in an alley or other properly designed working area in which a thorough animal inspection may be accomplished by the assigned Inspector. 4.5. All loads or shipments of animals must be placed in the working area by the feedlot personnel prior to inspection. 4.6. A proper working area must contain alleys, chutes, gates, sorting pens and holding pens of adequate size to hold the number of animals requiring inspection.

Part 5. Site inspections, audits and complaints 5.1. Any authorized Inspector or Board member may conduct a site inspection at the Inspector's or Board member's discretion. Such inspection may include: 5.1.1. The entry log to verify recordkeeping; 5.1.2. Pen and lot files to insure valid title has been established for each pen and lot as well as compliance with all requirements of the Act and these rules; 5.1.3. Balancing the direct to slaughter movement permits to be maintained by each certified feedlot; and, 5.1.4. Physical inspection of any lot(s) or pen(s) of cattle. 5.2. Each certified feedlot will be audited and inspected quarterly or on such other schedule as the Board shall determine during the certification period, by a person authorized by the Board. 5.3. Each audit and inspection shall include comparison of the feedlot head count with the number of animals on the premises to numbers at the beginning of the certification or at the last audit, the number of animals shipped or dead, and additions of new animals to the feedlot. 5.4. Any person having reasonable suspicion of a potential violation may request the Brand Commissioner, or his designated agent, to inspect the certified feedlot or any pen(s) therein. Any such request must be in writing, addressed to the Brand Commissioner, stating the potential violation(s), the reasons for the requested inspection and the anticipated results. If the request is an emergency, and it is determined that immediate action is required, the Brand Commissioner or his agent may begin the inspection without the written request, however, the written request must be submitted as soon as possible. If the Brand Commissioner is unavailable, his agent shall be an Inspector.

Part 6. Recordkeeping requirements 6.1. Certified feedlot owners and/or managers must keep the following records: 6.1.1. A separate file containing the feedlot copy of each direct to slaughter movement permit, in numerical order. This file shall be known as the “out file;” 6.1.2. Copies of all regular brand inspection certificates which are issued for the requested inspection of direct to slaughter animals or animals shipped from the certified feedlot to any location other than direct to slaughter. These certificates shall be filed in the “out file,” in chronological order; 6.1.3. A separate file containing, in chronological order, the entry documents and/or brand inspection certificate/purchase invoices required by § 35-53.5-109(3), C.R.S.; 6.1.4. An entry log in the form and manner prescribed by the Board kept in chronological order of all animals entering the certified feedlot, pursuant to § 35-53.5-109(5), C.R.S.; 6.1.5. A file for each pen and/or lot identifying the number of head, legal owner of the cattle and copies of entry papers; and, 6.1.6. A list of all dead animals by lot or pen number to be kept in the “out file” in chronological order.

Part 7. Movement of cattle from a certified feedlot 7.1. The Board will provide prenumbered direct to slaughter movement permits to each certified feedlot, pursuant to § 35-53.5-108, C.R.S. 7.2. Each lot or pen must be listed on the direct to slaughter movement permit. 7.3. Each direct to slaughter movement permit must include the following information: 7.3.1. The name of the certified feedlot; 7.3.2. The legal owner(s) of the animals shipped; 7.3.3. The number of animals shipped, showing the number of heifers, cows, bulls, steers and lot or pen number; 7.3.4. The date the shipment was sent; and, 7.3.5. The name, city and state of the United States Department of Agriculture (“USDA”) licensed and registered packing plant where the animals are consigned for slaughter. 7.4. Certified feedlots may ship cattle to a Colorado licensed market without the feedlot inspection provided that the seller's invoice from the licensed market is filed in chronological order in the “out file.” 7.5. Any animal leaving a certified feedlot to any destination other than direct to a USDA licensed and registered packing plant must be inspected by an Inspector immediately prior to shipment, and all applicable fees must be paid, except as defined in Part 7.4. above. 7.6. Any animal removed by a byproducts company as dead or dying must be documented by a copy of the receipt from the byproducts company, filed in the “out file” in chronological order. 7.7. Any voided direct to slaughter movement permit must be marked “void.” The feedlot copy must be filed as required in Part 6. The original (white) copy and the slaughter facility (blue) copy of the voided direct to slaughter movement permit must be received by the Board by the 5th day of the month following the month in which the permit is prepared, along with office copies of the direct to slaughter movement permits issued and not voided.

Part 8. Renewal of certifications 8.1. The Board will notify the certified feedlot, at the last address furnished by the certified feedlot, prior to the expiration of the certification period and deliver a renewal application to the feedlot. It is the responsibility of the certified feedlot to notify the Board of any change of address or change in the authorized signer of direct to slaughter movement permits. 8.2. The renewal fee, which shall be determined by the Board prior to the notice of renewal period, shall be submitted with the completed renewal application. 8.3. Any renewal application received by the Board after June 30 of the current certification period shall pay a late fee of $50.00. 8.4. Any feedlot that elects not to renew must have all animals inspected prior to shipment pursuant to § 35-53-105, C.R.S. beginning July 1 immediately following termination of the renewal period.

Part 9. Disciplinary actions 9.1. The Board may deny, suspend, refuse to renew or revoke any certification if the applicant or certificate holder has: 9.1.1. Violated any provisions of Articles 43, 44, 53, or 54 of Title 35, C.R.S., or any rules promulgated there under; 9.1.2. Entered a plea of guilty or nolo contendere or been convicted of a criminal act under Title 18, C.R.S.; 9.1.3. Violated any provision of the Act or these rules; or 9.1.4. Refused or failed to allow inspection or audit pursuant to Part 5. 9.2. Any feedlot whose certification has been revoked or suspended must immediately, upon notice of such revocation or suspension, cause all animals leaving the feedlot to be inspected pursuant to § 35-53-105, C.R.S. and must pay all applicable fees. 9.3. No feedlot whose certification has been revoked may reapply for certification until the expiration of two years after the revocation. 9.4. No portion of the application fee shall be refunded regardless of the date of revocation, suspension or surrender of certification.

Part 10. Statement of Basis, Specific Statutory Authority and Purpose 10.1. Adopted July 8, 1998 – Effective August 30, 1998 These rules are adopted pursuant to § 35-53.5-103(1), HB 98-1101.

The purposes of these rules are to: establish definitions for relevant terminology; define requirements for certification; set fees to fund all direct and indirect costs of the administration and enforcement; define methods for separation of cattle; set standards for inspections; establish recordkeeping requirements; define standards for movement of cattle from a certified feedlot; and establish standards and procedures for renewal of certifications and disciplinary actions. 10.2. Adopted December 13, 2016- Effective January 30, 2017 The statutory authority for the changes to this rule is found at § 35-53.5-103(1)(a) through (f), C.R.S.

Purpose of These Rules The purposes of the changes to this rule are to clarify terminology; remove redundant or unnecessary language and terminology; make the rule more readable and user-friendly where any confusion previously existed; move the statement of basis, specific statutory authority and purpose to Part 10; and to update the rule to reflect changes to Board policies and practices related to the Feedlot Certification Act in conformity with the Departments Regulatory Review Process.

Factual Basis and Policy Issues During its review the Board encountered the following factual issues. First, between the date of the last

rule-making and the date of this rule-making, the Board has moved its physical office to Broomfield to be

part of the Colorado Department of Agriculture’s main campus. As such, the Board changed references where the previous rule had used “Denver Office” to “Broomfield Office.” In making those changes, the Board recognized that the term “Denver Office” had formerly been used in a way that made it appear as though the office itself was the regulatory authority. In those places, the Board changed “Denver Office” to “the Board,” rather than “Broomfield Office.”

Second, throughout the rule, the Board cleaned up statutory citations, removed or changed mis-leading uses of “must” and “shall,” and brought clarity to the variety of terms used throughout the rule when referencing movement certifications, condensing them all into one phrase, “Direct to Slaughter Movement Permits,” which term the Board then defined. The Board also added language to Part 5 to specify that audits and inspections will occur quarterly rather than “on a routine basis,” providing further clarity for those holding feedlot certifications.

Finally, where sentences or ideas lacked clarity, the Board re-worked the sentences to make them more clear and precise. 10.3. Adopted November 16, 2017 – Effective December 30, 2017 These rules are adopted pursuant to § 35-53.5-103(1)(a)

Purpose of these Rules The purpose of this rule change is to remove language from the rule regarding per-head, direct-toslaughter fees. The current language conflicts with statutory provisions that are codified within the Act itself.

Factual and Policy Issues The Office of Legislative Legal Services alerted the State Board of Stock Inspection Commissioners of a potential conflict between language within the rule regarding the direct-to-slaughter fees and language that is codified within the Feedlot Certification Act. Upon review of the rule, the Board determined that language adopted during the initial formation of this rule set had mis-quoted the statute and was confusing to the regulated community. The Board further determined that setting these fees in rule was redundant to the statute and, therefore, unnecessary. The Board decided to remove the language that was dissimilar to the statute and to rely instead upon the statute itself while maintaining Rule 3.1 regarding the application and annual renewal fees for certification. 10.4. Adopted July 15, 2025 – Effective September 14, 2025 The statutory authority for the changes to this rule and found at §35-53.5-103(1)(a).

Purpose of these Rules The purpose of this rule change is to increase the fee for the application and annual renewal of certification to fund all direct and indirect costs of the administration and enforcement of the certified feedlot program. Small grammatical and spelling errors were also corrected during this process. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2017.

Part 3.2 eff. 12/30/2017.

Part 3.3 eff. 12/30/2017.

Parts 3.2, 3.3 repealed eff. 12/30/2017. Part 10.3 eff. 12/30/2017.

Parts 1.6, 1.7, 2.3, 3.1, 4.1, 6.1.3-4, 7.7, 10.4 eff. 09/14/2025.

8 CCR 1205-5 Rules Pertaining to the Publication and Sale of Abandoned Brands {#sec-8-ccr-1205-5 omnilex-key=us-co-regs-official--department-1--8 CCR 1205-5}

DEPARTMENT OF AGRICULTURE

State Board of Stock Inspection Commissioners RULES PERTAINING TO THE PUBLICATION AND SALE OF ABANDONED BRANDS 8 CCR 1205-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE

These rules are adopted pursuant to § 35-43-115.5, HB 98-1101 pertaining to abandoned brands.

The purposes of these rules are to establish procedures for the publication and sale of abandoned brands.

Part 1.00 Definitions.

A. “Board” means the Colorado State Board of Stock Inspection Commissioners.

Part 2.00 Abandoned brands - general provisions.

A. No abandoned brand which is a duplicate of a brand on record may be sold. Such duplicate, abandoned brand shall be canceled from the registry at the expiration of five years, as set forth in § 35-43-115.5(1), HB 98-1101.

B. When any abandoned brand is offered for sale by the Board, the Board shall specify which counties of range the brand is authorized for use.

C. The use of any abandoned brand sold by the Board in an area of the state in which the brand has not been authorized for use is at the purchaser's own risk.

D. Any abandoned brand sold by the Board shall be considered a new brand registry in the Board's records. Any brand sold as an abandoned brand is subject to the provisions of § 35-43-105(2), C.R.S. and may be discontinued or canceled by a ruling of the Board upon a complaint by an existing brand owner in the same range or locality.

Part 3.00 Publication.

A. The Board shall publish a list of brands for sale at least thirty (30) days prior to the actual sale. The published notice shall state the time and place for such sale and specify the minimum bid.

B. The Board shall publish this notice of sale in the official state livestock paper, as designated pursuant to § 35-44-109, C.R.S.

Part 4.00 Sale procedures.

A. As to any brand advertised for sale as abandoned based upon assessments prior to the 1997 assessment, the last legal owner or the owner's heirs have the first right of refusal upon payment of all back assessments and fees. In order to exercise this right, the last legal owner or the owner's heirs must reinstate the abandoned brand and pay all applicable fees at least seven (7) days prior to the advertised sale date.

B. Any abandoned brand sold by the Board may be sold by public auction, sealed bid or at a flat-rate minimum, at the discretion of the Board.

C. The minimum bid for any abandoned brand offered for sale by the Board shall not be less than the current assessment fee and the recording fee authorized by the Board. The Board may also impose a research and sales fee to be added to the minimum bid.

D. Any person purchasing an abandoned brand offered for sale by the Board shall provide payment in full at the time of purchase.

E. If a check offered as payment of an abandoned brand is not honored upon presentation to the issuing bank for full payment, the brand purchased shall be forfeited and the brand shall be sold at the next published sale.

F. All costs associated with the sale of an abandoned brand shall paid to the Board from the net proceeds of the sale, as required by § 35-43-115.5(4), HB 98-1101. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1205-6 State Board of Stock Inspection Fees {#sec-8-ccr-1205-6 omnilex-key=us-co-regs-official--department-1--8 CCR 1205-6}

DEPARTMENT OF AGRICULTURE

STATE BOARD OF STOCK INSPECTION FEES

8 CCR 1205-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Applicability The provisions of this rule shall apply to all inspection services as allowed by statute and conducted by the authorized inspectors of the State Board of Stock Inspection Commissioners (Brand Board) and for the assessment of all recorded brands in the State of Colorado.

2. Definitions 2.1 “Brand assessment” means a fee for every brand recorded in the office of the Brand Board to cover a five-year period. 2.2 “Cancelled brand” means any recorded brand that assessment fees have not been paid for in a three and one-half year period. 2.3 “Cattle” means all cattle and calves. 2.4 “Feedlot” means a lot, pen enclosure or building where cattle are fed for warm-up or fattening purposes and which is secured by gates to prevent the livestock from movement to adjoining areas outside of the feedlot. 2.5 “Hide” or “fallen hide” means the skin from livestock. 2.6 “Horses” means all horses, mules, donkeys and burros. 2.7 “Livestock” means all cattle, calves, horses, mules, donkeys and burros. Sheep may be treated as livestock for purpose of this rule at the request of the owner thereof. 2.8 “Public livestock market” or “licensed market” means any place, establishment or facility commonly known as a livestock market, conducted or operated for compensation or profit licensed in the state of Colorado, where brand inspection is normally maintained. 2.9 “Recorded brand” is property which shall be subject to sale, assignment, transfer, devise, and descent, as personal property.

3. Inspection Fees – Cattle 3.1 The minimum fee for all cattle inspections except cattle shipped from a feedlot directly to slaughter shall be $40.00 per stop and shall be due and payable to the inspector when the inspector arrives at the designated inspection point, whether or not an inspection of the livestock actually takes place. 3.2 The inspection fee for all cattle shipped from a feedlot directly to slaughter shall be the greater of a minimum inspection fee of $40.00 or the per head inspection fee set forth in sections 3.4 and 3.5 of this rule. 3.3 The per head inspection fee for country cattle (cattle not shipped from a feedlot directly to slaughter) shall be $1.00. 3.4 The per head inspection fee for cattle located in a feedlot shipped directly to slaughter shall be $0.98 for 1-500 head. 3.5 The per head inspection fee for cattle located in a feedlot shipped directly to slaughter shall be $0.95 for 501 and greater head on one inspection certificate. 3.6 The per head inspection fee for cattle located in a certified feedlot shipping directly to slaughter at a USDA licensed slaughter facility shall be $0.83. 3.7 The per head inspection fee for cattle consigned to licensed markets shall be $1.00. 3.8 The inspection fee for cattle hides/fallen hides shall be $0.50 per hide. 3.9 The fee for an annual travel permit issued for show cattle shall be $25.00 per head. 3.10 The fee for an annual travel permit issued for rodeo cattle shall be $5.00 per head. 3.11 The fee for a dairy/feedlot calf permit shall be $75.00 per year.

4. Inspection Fees – Horses 4.1 The minimum inspection fee for all horse inspections shall be $40.00 per owner and shall be due and payable to the inspector when the inspector arrives at the designated inspection point, whether or not an inspection of the livestock actually takes place. 4.2 The per head inspection fee for horses not consigned to licensed markets shall be $5.00. 4.3 The per head inspection fee for horses consigned to licensed markets shall be $5.00. 4.4 The fee for a horse permanent travel card shall be $40.00 per horse.

5. Inspection Fees – Sheep 5.1 The minimum fee for sheep inspections shall be $40.00 per stop and shall be due and payable to the inspector when the inspector arrives at the designated inspection point, whether or not an inspection of the livestock actually takes place. 5.2 The per head inspection fee for sheep shall be $0.60.

6. Licenses/Permits 6.1 The fee for an annual public livestock market license shall be $300.00. 6.2 The fee for an annual certified feedlot license/permit shall be $1,200.00. 6.3 The fee for a brand inspection waiver permit shall be $500.00 (waiver is good for two calendar years).

7. Brand Registration/Estrays 7.1 The brand initiation/application fee shall be $300.00, which fee shall be non-refundable. 7.2 The fee for recording brand transfers shall be $150.00. 7.2.1 The fee for researching a brand transfer shall be $40.00 per hour. 7.3 The fee for leasing a brand shall be $150.00. 7.4 The fee for researching brand history shall be $40.00 per brand. 7.5 The estray administration fee shall be $30.00 per head. 7.6 The estray advertisement fee shall be $30.00 per head.

8. Brand Assessment Fees Except as set forth in section 8.6 of this rule below, the provisions of this section 8 shall be applicable to brand assessment fees for the five-year brand registration period from January 1, 2027 through December 31, 2031 and every 5-year period thereafter. The assessment fees shall be deposited into the brand assessment account. 8.1 The five-year brand assessment fee shall be $500.00 per brand. 8.2 The five-year assessment fee is due and payable in full by January 1 of the beginning of the fiveyear period for any brand recorded as of that date. 8.3 Any new brand recorded after January 1 of the first year of a five-year brand assessment period is prorated to $100.00 per year for the remainder of the five-year assessment period for each brand. 8.4 The prorated fee is due and payable in full when the brand is recorded. 8.5 Late fees shall be assessed according to the schedule below. All late fees shall be credited to the brand inspection fund. 8.5.1 The late fee for any brand assessment paid six months after the assessment is due shall be $50.00. 8.5.2 The late fee for any brand assessment paid one year after the assessment is due shall be $85.00. 8.5.3 The late fee for any brand assessment paid two years after the assessment is due shall be $125.00. 8.5.4 The late fee for any brand assessment paid three years after the assessment is due shall be $200.00. 8.6 Any cancelled brand that is reinstated shall be charged a late fee in addition to the delinquent assessments due at the time of reinstatement, together with a $300.00 application fee. The late fee portion of the payment shall be credited to the brand inspection fund. 8.6.1 The late fee for any brand cancelled during the five-year assessment period beginning on the dates indicated in section 8.6.1.1 - 8.6.1.4 shall be subject to the late fees indicated in

section 8.6.1.1 - 8.6.1.4 in addition to the late fees in section 8.5 of this rule. 8.6.1.1 January 1, 2007, $400.00. 8.6.1.2 January 1, 2012, $300.00. 8.6.1.3 January 1, 2017, $200.00. 8.6.1.4 January 1, 2022, $100.00. 8.6.2 The late fee for any brand cancelled during the five-year assessment period beginning January 1, 2027, and thereafter shall be set forth in section 8.5 of this rule.

9. Other Fees 9.1 The fee for replacement permits and certificates shall be $40.00. 9.2 The fee for a Short Notice Stop shall be $50.00.

Sections 10 through 20 are reserved 21. Statement of Basis, Specific Statutory Authority and Purpose 21.1 Adopted December 9, 2004 - Effective February 1, 2005 21.1.1 Basis: This rule is proposed by the State Board of Stock Inspection Commissioners (the Board), division of the Colorado Department of Agriculture and an enterprise for purposes of Section 20 of Article X of the State Constitution, to maintain the essential services provided by the Board and authorized brand inspectors. The fee increases are reasonably related to the goal of providing essential services. 21.1.2 Specific Statutory Authority: This regulation is adopted pursuant to the Board's feesetting authority set forth in Sections 35-41-104, 35-43-115, 35-53-129, 35-53-115, 35- 53-101, 35-43-105, 24-72-203(1)(a), 35-43-109, 35-44-106, 35-53-130, 35-53-103, 35- 53.5-106, 35-55-103, and 38-20-207, C.R.S. (2004) and is intended to be consistent with the requirements of the State Administrative Procedures Act, Section 24-4-101 et seq.

(the "APA"), C.R.S. (2004). 21.1.3 Purpose: The purpose of this regulation proposed by the Board is to adopt by rule the schedule of fees to be assessed for service rendered by the Board and its authorized brand inspectors beginning February 1, 2005 and thereafter.

House Bill 04-1351, enacted by the General Assembly, gives the Board authority to set fees for its services by rule. The law specifies timeframes that the board must allow when considering fee changes, in order to give as much notice as possible to affected parties.

In this vein, the board and/or its representatives met with constituents within the livestock community on July 1, 2004, when the Board met to discuss current and anticipated financial issues. The Board met again July 19, 2004, with the livestock industry and presented its draft fee proposal. On August 23, 2004, the Board announced that it would proceed with a formal fee proposal at its next regular meeting. Having duly provided public notice of its intent to do so, the Board approved the proposed fee increase schedule on September 22, 2004. At that public meeting, the Board then authorized staff to proceed with filing notice of its intent to pursue rulemaking on the fee schedule under the APA.

By February 1, 2005, the Board will have complied with all public notice requirements by:

(1) Having publicly noticed its intent to approve the fee schedule in its regularly scheduled meeting on September 22, 2004, pursuant to Section 35-41-104(a-c); and (2) Having issued public notice of the rulemaking hearing pursuant to the APA during which additional public testimony will be taken on the Board’s intent to adopt the fee schedule by rule.

The Board thoroughly examined its anticipated funding needs and considered a variety of options to meet the needs. This is the first significant fee increase since approximately 1998. Department staff gathered extensive financial data on the Board’s costs and revenues and utilized linear regression analysis to determine options. A copy of the linear regression analysis is available to the public by contacting the Colorado Department of Agriculture at 303.239.4100. The Board decided to propose a fee schedule that increases most fees it charges while leaving others at the rate that existed prior to Board approval of the proposed fee schedule. 21.2 Adopted August 9, 2006 – Effective October 2, 2006 21.2.1 Basis: These revisions are proposed by the State Board of Stock Inspection Commissioners (the Board) to change the fee structure intended to revise and disencumber the brand records of unused brands and to provide revenues to publish new brand books and otherwise assist in the operational cost of the division of brand inspection. 21.2.2 Specific Statutory Authority: These revisions are adopted pursuant to the State Board of Stock Commissioner’s authority to set brand assessment fees set forth in 35-43-115 C.R.S. (2005). 21.2.3 Purpose: The purpose of these rule revisions is to increase the current fee for the assessment of brands, to adopt a schedule for late fees related to unpaid assessments, and to set fees for the reinstatement of cancelled brands. 21.3 Adopted September 14, 2011 – Effective October 30, 2011 21.3.1 Basis: These revisions are proposed by the State Board of Stock Inspection Commissioners (the Board) to change the fee structure for brand assessments, which fee is used to revise and disencumber the brand records of unused brands, to provide revenues to publish new brand books, and otherwise to assist with the operational cost of the Division of Brand Inspection. Additionally, the rules introduce an application fee for anyone who is seeking to reinstate a canceled brand. Finally, the revisions remove outdated language from the rules. 21.3.2 Specific Statutory Authority: These revisions are adopted pursuant to the State Board of Stock Inspection Commissioner’s authority to set brand assessment fees set forth at § 35-43-115, C.R.S. 21.3.3 Purpose: The purpose of these rule revisions is to increase the current fee for the assessment of brands, to strike out-dated language from the rules, and to harmonize the application fee for new brands with those for canceled brands seeking reinstatement. 21.4 Adopted October 15, 2014 – Effective January 1, 2015 21.4.1 Basis: This rule is proposed by the State Board of Stock Inspection Commissioners (the “Board”) to maintain the essential services provided by the Board and authorized brand inspectors. The fee increases are reasonably related to the goal of providing essential services to the constituents the Brand board and its inspectors serve. 21.4.2 Specific Statutory Authority: This rule is proposed for adoption pursuant to the Board’s various fee-setting authorities, as set forth in §§ 35-41-104, 35-43-105, 35-43-109, 35-43- 115, 35-43-129, 35-43-130, 35-44-106, 35-53-101, 35-53-105, 35-53-115, 35-53-129, 35- 53-130, 35-53-133, 35-53.5-106 and 107, 35-55-103, and 38-20-207, C.R.S. 2.14.3 Purpose: The Board’s sole funding source to support all that it is required to do is the fee system provided in the Board’s enabling statutes, including per-head inspection fees. As a result of a drought in Colorado, the number of livestock that require inspection has dropped significantly over the last few years, with no projected increase in the immediate future. The Board’s revenue stream has been and will continue to be affected by this.

Thus, the Board recognized the need to re-visit the entire fee structure to change the fees to reflect how the livestock industries are evolving in Colorado and how those changes are affecting the Board’s revenues and its ability to discharge its statutory and regulatory duties. The Board’s staff compared a variety of funding and fee options and determined that the ones proposed in this rule-making are the most efficient, practical, and equitable for the industry as a whole.

These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process conducted in accordance with the Governor’s Executive Order D 2012-002. 21.5 Adopted July 15, 2025 – Effective September 14, 2025 21.5.1 Specific Statutory Authority: This rule is proposed for adoption pursuant to the Board’s various fee-setting authorities, as set forth in §§ 35-41-104, 35-43-105, 35-43-109, 35-43- 115, 35-43-129, 35-43-130, 35-44-106, 35-53-101, 35-53-105, 35-53-115, 35-53-129, 35- 53-130, 35-53-133, 35-53.5-106 and 107, 35-55-103, and 38-20-207, C.R.S. 21.5.2 Statement of Basis and Purpose: This rule is proposed by the State Board of Stock Inspection Commissioners (the “Board”) to fund the essential services provided by the Board and authorized brand inspectors. The proposed fee increases include changes to minimum fees; inspection fees; permanent travel card fees; licensing fees; certification fees; waiver permits; recording fees; and assessment fees. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/30/2011.

Entire rule eff. 01/01/2015.

Rules 3-21 eff. 09/14/2025.

8 CCR 1205-7 Rules Pertaining to Inspection of Livestock Sold as Animal Shares {#sec-8-ccr-1205-7 omnilex-key=us-co-regs-official--department-1--8 CCR 1205-7}

DEPARTMENT OF AGRICULTURE

State Board of Stock Inspection Commissioners RULES PERTAINING TO INSPECTION OF LIVESTOCK SOLD AS ANIMAL SHARES 8 CCR 1205-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definitions 1.1. “Act” means the Ranch to Plate Act, § 25-4-1617, C.R.S. 1.2. “Animal” or “livestock” means cattle and calves. 1.3. “Animal share” means an ownership interest of at least one percent in the meat of a live animal. 1.4. “Board” means the Colorado State Board of Stock Inspection Commissioners. 1.5. “Brand inspector” means a livestock inspector authorized by the Board and employed by the Department to inspect livestock prior to a change of ownership. 1.6. “Department” means the Colorado Department of Agriculture. 1.7. “Packing house” or “locker plant” means a person, association, firm, or corporation carrying on the trade or business of slaughtering livestock for compensation or profit under a license issued by the State of Colorado.

Part 2. Inspection of Livestock Sold as Animal Shares/Fees 2.1. When performing an inspection of livestock sold as animal shares in accordance with the Act, brand inspectors will inspect the livestock only once immediately prior to slaughter notwithstanding that shares in the animal’s meat will be sold to multiple owners. 2.2. When performing such inspections, brand inspectors will collect the fees set forth in 8 CCR 1205- 6 (State Board of Stock Inspection Fees), including the minimum fee and the per head inspection fee.

Part 3. Statement of Basis, Specific Statutory Authority and Purpose 3.1. Adopted September 20, 2022 - Effective November 15, 2022 Specific Statutory Authority These rules are adopted pursuant to § 35-53-101 (3) (b), C.R.S., § 25-4-1617, C.R.S., and SB 21-079 pertaining to brand inspection of livestock sold as animal shares

Purpose The purpose of these rules is to establish procedures for brand inspection of livestock sold as animal shares.

State Board of Stock Inspection Commissioners Factual and Policy Issues Following the 2021 legislative session, Governor Polis signed into law the Ranch to Plate Act. Section 1 of the Act amends Colorado’s Food Protection Act by authorizing the sale of shares in the meat of certain animals bound for a packing house or locker plant without licensure, regulation or inspection by a public health agency, subject to a number of limitations set forth in the Act. Section 2 of the Act deals with brand inspections to avoid a possible interpretation under current statutes and regulations that the sale of animal shares constitutes multiple changes of ownership in the same animal, requiring multiple brand inspections. _________________________________________________________________________ Editor’s Notes

History New rule eff. 11/15/2022.

1206 Conservation Services Division

8 CCR 1206-1 Water Quality Control Concerning Agricultural Chemicals and Ground Water {#sec-8-ccr-1206-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1206-1}

DEPARTMENT OF AGRICULTURE

WATER QUALITY CONTROL CONCERNING AGRICULTURAL CHEMICALS AND GROUND WATER

8 CCR 1206-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ I. COMMERCIAL FERTILIZERS

Part 1.0 Definitions These definitions apply to Parts 1 through 10. 1.1. "Agricultural Chemicals" for commercial fertilizer means fertilizer material, mixed fertilizer, or any other substance containing one or more essential available plant nutrients which is used for its plant nutrient content and which is designed for use and has value in promoting plant growth. It does not include untreated animal and untreated vegetable manures, untreated peat moss, and untreated peat humus, soil conditioners, plant amendments, agricultural liming materials, gypsum, and other products exempted by regulation of the commissioner. 1.2. "Appurtenances" means all valves, pumps, fittings, pipes, hoses, metering devices, mixing containers, and dispensing devices which are connected to a storage container, or which are used to transfer bulk fertilizer into or out of a storage container. 1.3. "Bulk fertilizer" means any fertilizer which is transported or held in an individual container in undivided quantities of greater than fifty-five (55) U.S. gallons liquid measure or one hundred (100) pounds net dry weight. 1.4. "Bulk fertilizer storage facility" means any facility or site where:

(a) Liquid fertilizer is being stored in any container or series of interconnected containers having a capacity greater than five thousand (5,000) gallons and is stored for a period of 30 consecutive days or more at one site; or (b) Fifty-five thousand (55,000) pounds or more, in the aggregate, of formulated product or combination of formulated products of bulk dry fertilizer are stored for a period of 30 consecutive days or more at one site.

Any bulk fertilizer storage facility within 300 feet of another bulk fertilizer storage facility shall be considered one facility. 1.5. "Dry fertilizer" means any fertilizer which is in solid form prior to any application or mixing for application. 1.6. "Impervious" means that the structure shall be maintained so that liquid fertilizer or water does not move through it at a rate that exceeds 1 x 10 -7 centimeters per second (~0.0035 inches per day). 1.7. "Liquid fertilizer" means any fertilizer in liquid form, and includes solutions, emulsions, suspensions and slurries. 1.8. "Mixing and loading area" means a physical site where fertilizers are transferred, loaded, unloaded, mixed, repackaged, refilled or where fertilizers are cleaned, washed or rinsed from containers or application, handling, storage or transportation equipment in conjunction with a bulk fertilizer storage facility. 1.9. "Mobile container" means any storage container designed for transportation. 1.10. "Primary containment" means the storage of bulk liquid fertilizer in storage containers at a storage facility. 1.11. "Secondary containment" means any structure used to contain product spills from primary containment and prevent runoff or leaching. 1.12. "Sump" means a shallow reservoir or area at the lowest point of the bulk fertilizer storage facility or mixing and loading area that allows for the temporary collection and retrieval of liquid. 1.13. "Storage container" means:

(a) A container used for the storage of bulk fertilizer; or (b) A nurse tank, or other mobile container used for the storage of bulk fertilizer.

Part 2.0 Scope of These Rules 2.1. These rules apply where:

(a) Liquid fertilizer is being stored in any container or series of interconnected containers having a capacity greater than five thousand (5,000) gallons and is stored for a period of 30 consecutive days or more at one site; or (b) Fifty-five thousand (55,000) pounds or more, in the aggregate, of formulated product or combination of formulated products of bulk dry fertilizer are stored for a period of 30 consecutive days or more at one site.

Any bulk fertilizer storage facility within 300 feet of another bulk fertilizer storage facility shall be considered one facility.

(For liquid fertilizers, Parts 3 and 5–8 apply; for dry fertilizers, Parts 4–8 apply) 2.2. Anhydrous ammonia is specifically exempt from these rules. 2.3. Operation of the bulk fertilizer storage facilities and mixing and loading areas are regulated by these rules. 2.4.

(a) Fertilizer facilities subject to these rules must be in compliance the following number of years after the effective date of these rules (September 30, 1994):

Liquid Fertilizer Secondary Containment 5 years Liquid Fertilizer Mixing and Loading Areas 5 years Dry Fertilizer Storage 5 years Dry Fertilizer Mixing and Loading Areas 5 years Liquid Fertilizer Secondary Containment* ≥100,000 gallon tanks 10 years *Leak detection as per ¶ 3.5 shall be in place within three (3) years.

(b) New facilities or expansion of existing facilities constructed three (3) years after the effective date of these rules (September 30, 1994) shall be in compliance with these rules prior to beginning operations. 2.5 All bulk fertilizer storage facilities are required to have a mixing and loading area.

Part 3.0 Liquid Fertilizer

SUBPART A Secondary Containment for the Storage of Liquid Fertilizer 3.1. All liquid fertilizer storage containers must be stored in a facility that meets the following requirements: 3.2. The secondary containment structure shall provide at least the capacity of the largest storage container within the secondary containment structure, plus the total volume of discharged liquid which would be displaced by the submerged portions of all other storage containers, appurtenances, fixtures and materials located within the secondary containment structure, if the structure were filled to capacity with discharged liquid, plus:

(a) When unprotected from precipitation, an additional twenty-five percent of the capacity of the largest storage container located within the secondary containment structure.

(b) When protected from precipitation, an additional ten percent of the capacity of the largest container located within the secondary containment structure. 3.3. Fertilizer discharges or precipitation accumulations in a secondary containment structure shall be immediately recovered such that the capacity listed in ¶ 3.2 above is available at all times.

Fertilizer material recovered shall be utilized for its original intended purpose. The facility shall have items on hand and readily available to recover discharges to the maximum extent possible. 3.4. General Requirements (a) All primary containment shall be located within a secondary containment structure.

(b) Structural materials and integrity shall provide secondary containment which meets or exceeds the requirements of these rules.

(c) The walls and floor of a secondary containment structure shall be designed according to good engineering practices and shall be constructed of materials that are compatible with the fertilizer, or that resist or are treated to resist corrosion due to exposure from the fertilizer.

(d) The secondary containment structure shall be constructed to a water permeability rate not to exceed 1x10 -7 centimeters per second (~0.0035 inches per day) or a citation provided that identifies a material's specification that when followed will provide an equivalent permeability.

(e) The walls and floor of the secondary containment structure must be maintained as impervious to liquids for the usable life of the structure.

(f) The floor of the secondary containment structure must support the gravity loads of full tanks.

(g) The walls of the secondary containment structure must withstand static and dynamic hydraulic loads from the equilibrium liquid level.

(h) The walls of the secondary containment structure adjacent to tanks must withstand dynamic hydraulic loads from liquid gushing from a ruptured tank.

(i) The floor of the secondary containment structure shall be designed to drain liquids to a sump.

(j) Sumps shall be drained only by a manually activated pump. Automatic pumps may be used during the inactive season provided all tanks in the secondary containment structure are empty.

(k) Sumps shall be constructed of materials which are watertight and resist corrosion or are treated to resist corrosion from fertilizers.

(l) The secondary containment structure shall not have an outlet or gravity drain through the wall or floor.

(m) No piping shall be installed through the containment wall or floor.

(n) Walls of the secondary containment structure shall be of such a height as to allow easy inspection of the tank(s) from outside the containment as well as easy egress from the containment area.

(o) There shall be sufficient clearance between each tank and between the tank and the wall of the secondary containment structure to allow for visual inspection of tanks from all sides.

(p) Electrical controls in the secondary containment structure shall be elevated above the level of the containment wall.

(q) Synthetic Liners.

(1) The facility manager must obtain written confirmation of compatibility, durability, and a written estimate of the life of the synthetic liner from the manufacturer. This document must be kept at the facility as a permanent record.

(2) Synthetic liners shall be installed as per manufacturer’s specifications and under the supervision of a qualified representative of the manufacturer, and all seams shall be tested, and repaired if necessary, in accordance with the manufacturer's recommendations.

(r) Prefabricated Facilities.

(1) A prefabricated secondary containment structure shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel, reinforced concrete or synthetic materials which are resistant to corrosion, puncture or cracking.

(2) A written confirmation of compatibility and estimate of life expectancy from the basin manufacturer shall be kept on file at the nearest local office from which the storage structure is administered.

(3) The prefabricated facility shall be designed and installed to withstand all foreseeable loading conditions, including the tank load. 3.5. Exemptions (a) A liner need not be installed directly under a storage container having a capacity of one hundred thousand (100,000) gallons or more which has been constructed on-site and put into use prior to the effective date of this rule (September 30, 1994) provided that one (1) of the following alternative procedures are complied with, certified to in writing by an official of the company which owns the container, and the certificate is filed with the Commissioner:

(1) Alternative 1 shall be as follows:

(i) A second bottom made of steel shall be constructed for the storage container. The second bottom shall be placed over the original bottom and a layer of smooth, fine gravel or coarse sand having a minimum thickness of six (6) inches;

(ii) The original bottom of the storage container shall be tested for leaks before the sand layer or second bottom is installed. A record of the test shall be kept on file at the storage facility;

(iii) The newly constructed bottom shall be tested for leaks before any liquid fertilizer is stored on the newly constructed bottom. A record of the test shall be kept on file at the storage facility or at the nearest local office from which the storage facility is administered;

(iv) There shall be a method by which leaks from the newly constructed bottom into the sand layer may readily be detected; and (v) The newly constructed bottom shall be tested at least once every five (5) years for leaks. A record of the tests shall be kept at the storage facility.

(2) Alternative 2 shall be as follows:

(i) The container shall be emptied, cleaned, and tested for leaks. The walls and floor of the container shall be tested to assure that welds and thickness of steel plates are sound and adequate to contain the fertilizers. A record of the inspection, test results, and of any repairs made shall be maintained by the owner or operator;

(ii) The interior floor and wall areas of the container shall be coated with an approved liner to inhibit corrosion. A record of this procedure shall be maintained by the owner or operator; and (iii) An approved test for leaks shall be conducted every five (5) years thereafter. A record of the test findings and of indicated repairs and maintenance shall be maintained by the owner or operator.

(3) Alternative 3 shall be as follows:

(i) Monitoring devices shall be installed in angled borings in the unsaturated earth materials under each tank. These monitoring devices shall constitute a leak detection system for each tank in advance of the point at which any leak would reach ground water; and (ii) The number, length, and depth of each boring shall be determined on the

basis of site characteristics. The array of monitoring devices under each tank shall constitute the best practical early warning detection system for tank leakage.

(b) The exemption as stated in ¶ 3.5 (a) expires ten years after the effective date (September 30, 1994) of this rule and at that time full compliance with Subpart A ¶ 3.1 through ¶ 3.4 is required.

(c) The secondary containment requirements under this rule do not apply to rail cars which are periodically moved to and from a bulk fertilizer storage facility.

SUBPART B Mixing and Loading Areas for Liquid Fertilizer All mixing and loading area operations for liquid fertilizers must take place on a pad that meets the following requirements: 3.6. Capacity The mixing and loading pad shall provide at least the following capacity:

(a) The pad shall be of adequate size and design to contain 125% of the volume of the largest container to be loaded or unloaded if unprotected from precipitation or 110% of the volume of the largest container to be loaded or unloaded if protected from (b) If any storage container or mobile container to be loaded or unloaded has a capacity of greater than 1200 gallons the containment volume need only be large enough to hold a minimum of 1500 gallons if unprotected from precipitation or 1320 gallons if protected from precipitation. If the primary use of the pad is to load and unload spray equipment and associated support vehicles and bulk transport vehicles use the pad only for occasional delivery of fertilizers then the pad size shall be determined by the volume of the largest container on the spray equipment or support vehicles provided the pad is designed so that bulk transport vehicles can conduct their occasional operations with all their appurtenances over the pad. 3.7. Fertilizer discharges or precipitation accumulations on a mixing and loading pad shall be immediately recovered such that the capacity listed in paragraph 3.6(a) is available at all times.

Fertilizer material recovered shall be utilized for its original intended purpose. The facility shall have items on hand and readily available to recover discharges to the maximum extent possible. 3.8. General Requirements (a) Provided the required containment capacity of 3.6 (a) is met, pads need only be large enough so that the tank and appurtenances are physically over the pad provided no flushing of the boom system occurs.

(b) Pads for mixing and loading areas shall be constructed of reinforced concrete or other material so as to form an impervious barrier between the fertilizer handling area and the surrounding earth.

(c) The mixing and loading pad shall be designed to prevent storm water runoff from moving onto or across the mixing and loading pad.

(d) The mixing and loading pad shall not have any outlet points.

(e) The pad shall be constructed to a permeability rate that does not exceed 1 x 10 -7 centimeters per second (~0.0035 inches per day) or a citation provided that identifies a material's specification that when followed will provide an equivalent permeability.

(f) The pad must be maintained as impervious for the usable life of the structure.

(g) The pad must be able to handle the wheel loads of any vehicles using it.

(h) Mixing and loading pads shall be designed to drain liquids to a sump.

(i) Sumps shall be drained only by a manually activated pump during the operating season of the facility. Automatic pumps may be used during the inactive season.

(j) Sumps shall be constructed of materials which resist corrosion or are treated to resist corrosion from fertilizers.

(k) Rail cars unloading liquid fertilizer at bulk fertilizer storage facilities are not required to meet the provisions of ¶ 3.6 and ¶ 3.8 (a)–(j) provided adequate catch basins are placed under the valves to recover drips and leaks.

SUBPART C Operations of Liquid Fertilizer Primary and Secondary Containment Facilities and Mixing and Loading Areas Storage Containers and Appurtenances - Liquid Fertilizer 3.9. General Requirements (a) Storage containers and appurtenances shall be constructed, installed and maintained so as to prevent the unintentional discharge of liquid fertilizer.

(b) Storage containers and appurtenances shall be constructed of materials which are resistant to corrosion, puncture or cracking.

(c) Materials used in the construction or repair of storage containers and appurtenances may not be of a type which reacts chemically or electrolytically with stored fertilizer in a way which may weaken the storage container or appurtenance or create a risk of discharge.

(d) Metals used for valves, fittings and repairs on metal containers shall be compatible with the metals used in the construction of the storage container, so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances, or create a risk of discharge.

(e) Storage containers and appurtenances shall be designed to handle all operating stresses, taking into account static head, pressure buildup from pumps and compressors, and any other physical stresses to which the storage containers and appurtenances may be subject in the foreseeable course of operations.

(f) Storage containers and appurtenances, including pipes, shall be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles engaged in the loading and unloading of liquid fertilizer. 3.10. Appurtenances (a) Every storage container connection, except a safety relief connection, shall be equipped with a shut-off valve located on the storage container or at a distance from the storage container consistent with standard engineering practice.

(b) Except during use periods, shut-off valves shall be left closed and secured.

(c) Pipes and fittings shall be adequately supported to prevent sagging and possible breakage from gravity and other forces which may be encountered in the ordinary course of operations.

(d) A flexible connection is required between the plumbing and the tank to reduce risk of rupture. 3.11. Liquid Level Gauging Device (a) Every storage container shall be equipped with a device by which the level of liquid in the storage container can be readily and safely determined. However, a liquid level gauging device is not required if the level in a storage container can be readily and reliably measured by other means.

(b) Liquid level gauging devices shall be secured in a safe manner. 3.12. Prohibited Materials (a) Storage containers and appurtenances used for the storage of nitrogen solutions may not be constructed of copper, brass, zinc, or copper base alloys.

(b) Storage containers and appurtenances used for the storage of liquid fertilizers containing phosphates or chlorides may not be constructed of aluminum or aluminum alloys.

(c) Storage containers and appurtenances used for the storage of low pH ( < 5.0) fertilizers may not be constructed of ferrous metals other than stainless steel unless the materials are coated or treated with protective substances which are adequate to inhibit corrosion.

(d) Storage containers and appurtenances used for the storage of phosphoric acid may not be constructed of ferrous materials other than 316 or 317 stainless steel unless the container is lined with a suitable substance to prevent corrosion.

(e) Other material may be used in (a) – (d) if approved by the manufacturer. 3.13. Abandoned Containers (a) Storage containers used at a bulk fertilizer storage facility to hold bulk liquid fertilizer shall be considered abandoned if they have been out of service for more than 6 months because of a weakness or leak, or have been out of service for any reason for more than 2 years.

(b) Abandoned storage containers shall be thoroughly cleaned.

(c) Wash water containing fertilizer shall be utilized for the original intended purpose of the product. 3.14. Anchoring of Storage Containers Storage containers shall be anchored, elevated or secured by other means to prevent flotation or instability which might occur as a result of liquid accumulations within the secondary containment structure. 3.15. Filling Storage containers may not be filled beyond the capacity for which they are designed, taking into account the density of the liquid being stored and thermal expansion during storage.

Part 4.0 Bulk Dry Fertilizer 4.1. Storage (a) Bulk dry fertilizer shall be stored inside a structure that prevents contact with (b) The floor of the bulk dry fertilizer storage area shall be constructed of materials that prevent the downward movement of fertilizer materials or the upward movement of moisture through the floor. 4.2. Mixing and loading area and operations (a) All loading, unloading, mixing and handling of dry fertilizer shall be done on a mixing and loading pad.

(b) The mixing and loading pad shall be of a size and design that will contain the fertilizer being mixed or loaded and allow for collection of spilled material and facilitate easy cleanup.

(c) Pads for mixing and loading areas shall be constructed of material so as to form a barrier between the fertilizer handling area and the surrounding earth and facilitate easy cleanup of spills.

(d) The pad must be maintained as a barrier between the product and the surrounding earth for the usable life of the structure.

(e) The pad must be able to handle the wheel loads of any vehicles using it.

(f) All spills shall be immediately cleaned up. 4.3. Rail cars unloading bulk dry fertilizer at bulk fertilizer storage facilities are not required to meet the provisions of ¶ 4.1 or ¶ 4.2 (a)–(e). However, all spills shall be immediately cleaned up. 4.4. The facility and area shall be maintained in a good state of repair.

Part 5.0 Operations 5.1. Security (a) All fertilizer in the facilities shall be secured against access by unauthorized persons.

(b) Valves on storage containers shall be locked and secured except when persons responsible for the facility security are present at the facility.

(c) Valves on empty storage containers need not be secured. 5.2. Inspection and Maintenance Secondary containment structures, storage containers, appurtenances and mixing and loading areas should be visually inspected regularly and maintained as necessary to assure compliance with these rules. 5.3. Site Closure and Discontinuation of Operation.

(a) The Colorado Department of Agriculture must be notified of the permanent discontinuation of operations at any bulk fertilizer storage facility and mixing and loading area within 7 days of closure.

(b) When a bulk fertilizer storage facility is closed or operations are discontinued:

(1) All fertilizer, rinsates, wash waters, and other materials containing fertilizer shall be removed from the facility site and utilized for the original intended purpose of the product; and (2) All storage containers shall be thoroughly cleaned by triple rinsing or the equivalent.

Part 6.0 Site Plan Design and Construction 6.1. The facility shall comply with all applicable local, state and federal building codes and zoning requirements. 6.2. Bulk fertilizer storage facilities and mixing and loading areas must be designed and constructed so as to meet the requirements of these rules. 6.3. In order to comply with this part, any facility constructed or remodeled on or after September 30, 1994, must be inspected for compliance with the design plan; and:

(a) Said design must be signed and sealed by an engineer registered in the state of Colorado, in accordance with Title 12, Article 25, Part 1 of The Colorado Revised Statutes; or (b) Said design must be from a source approved by the Commissioner and must be made available for public use.

Part 7.0 New Technologies 7.1. To best aid the improvement of containment technology:

(a) The Colorado Department of Agriculture may allow the use of containment processes or techniques that satisfy the requirements of these rules although an engineer need not sign or seal them, provided the operator proves to the satisfaction of the Department that the process or technique has a reasonably substantial chance for success prior to implementation.

(b) The process or technique may continue to be used for a maximum of two years with an annual review by the Department. After two years the process or technique must be signed and sealed by an engineer or discontinued.

(c) If the technique or procedure fails or if during or at the conclusion of the two years the experimental process or technique is deemed unacceptable by the Department, it shall be discontinued and the operation must be brought into compliance with these rules within two years.

Part 8.0 Connections to Water Supplies 8.1. An air gap separation or a reduced pressure principle back flow prevention assembly shall be installed in the water supply line that serves the facility.

Part 9.0 Reserved for future use

Part 10.0 Reserved for future use II. PESTICIDES

Part 11.0 Definitions These definitions apply to Parts 11 through 18. 11.1. “Agricultural Chemical” for pesticides 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. 11.2. “Appurtenances” means all valves, pumps, fittings, pipes, hoses, metering devices, mixing containers, and dispensing devices which are connected to a storage container, or which are used to transfer bulk pesticide into or out of a storage container. 11.3. “Bulk pesticide” means any pesticide which is transported or held in an individual container in undivided quantities of greater than fifty-five (55) U.S. gallons liquid measure or one hundred (100) pounds net dry weight. 11.4. “Bulk pesticide storage facility” means any facility or site where pesticides are being stored in bulk for a period of more than 15 consecutive days. Any bulk storage facility within 300 feet of another bulk pesticide storage facility shall be considered one facility for the purpose of determining the number of consecutive days in storage. 11.5. “Dry pesticide” means any pesticide which is in solid form prior to any application or mixing for application, and includes formulations such as dusts, wetable powders, dry flowable powders, and granules. 11.6. “Impervious” means that the structure shall be maintained so that liquid pesticide or water does not move through it at a rate that exceeds 1 X 10 -7 centimeters per second (~0.0035 inches per day). 11.7. “Liquid pesticide” means any pesticide in liquid form, and includes solutions, emulsions, suspensions and slurries. 11.8. “Mixing and loading area” means a physical site where pesticides are transferred, loaded, unloaded, mixed, repackaged, refilled or where pesticides are cleaned, washed or rinsed from containers or application, handling, storage or transportation equipment. Any mixing and loading area within 300 feet of another mixing and loading area shall be considered one mixing and loading area for the purpose of determining the threshold amount of formulated product or active ingredient of pesticides. 11.9. “Mobile container” means any storage container designed for transportation. 11.10. “Primary containment” means the storage of bulk liquid pesticides in storage containers at a storage facility. 11.11. “Secondary containment” means any structure used to contain product spills from primary containment and prevent runoff or leaching. 11.12. “Sump” means a shallow reservoir or area at the lowest point of the bulk pesticide facility or mixing and loading area that allows for the temporary collection and retrieval of liquid. 11.13. “Storage container” means:

(a) A container used for the storage of bulk pesticide; or (b) A nurse tank, or other mobile container used for the storage of bulk pesticide.

Part 12.0 Scope of These Rules 12.1. These rules apply to:

(a) All operating bulk pesticide storage facilities, commercial or private, with the exception that portable refillable containers that are approved by the Environmental Protection Agency and have a capacity of greater than 56 gallons and less than 660 gallons are exempt from secondary containment.

(b) All mixing and loading areas, commercial or private, where any of the following are handled in any one year period:

(1) Five hundred (500) gallons or more, in the aggregate, of formulated product or combination of formulated products of liquid pesticides;

(2) Three thousand (3,000) pounds or more, in the aggregate, of formulated product or combination of formulated products of dry pesticides; or (3) One thousand five hundred (1,500) pounds or more, in the aggregate, of active ingredients of pesticides.

(For liquid pesticides, Parts 13 and 15–17 apply; for dry pesticides, Parts 14–17 apply) 12.2. These rules do not apply to:

(a) Field mixing and loading of pesticides; or (b) Loading and unloading of unopened containers; or (c) 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. 12.3. Operation of the bulk pesticide storage facilities and mixing and loading areas are regulated by these rules. 12.4.

(a) Pesticide facilities subject to these rules must be in compliance the following number of years after the effective date of these rules (September 30, 1994):

Liquid Pesticide Secondary Containment 3 years Liquid & Dry Pesticide Mixing and Loading Areas 3 years Dry Pesticide Storage 3 years (b) New facilities or expansion of existing facilities constructed three (3) years after the effective date of these rules (September 30, 1994) shall be in compliance with these rules prior to beginning operations. 12.5. All bulk pesticide storage facilities are required to have a mixing and loading area.

Part 13.0 Liquid Pesticides

SUBPART A Secondary Containment for the Storage of Liquid Pesticides 13.1. All bulk liquid pesticide must be stored in a facility that meets the following requirements: 13.2. The secondary containment structure shall provide at least the capacity of the largest storage container within the secondary containment structure, plus the total volume of discharged liquid which would be displaced by the submerged portions of all other storage containers, appurtenances, fixtures and materials located within the secondary containment structure, if the structure were filled to capacity with discharged liquid, plus:

(a) When unprotected from precipitation, an additional twenty-five percent of the capacity of the largest storage container located within the secondary containment structure.

(b) When protected from precipitation, an additional ten percent of the capacity of the largest container located within the secondary containment structure. 13.3. Pesticide discharges or precipitation accumulations in a secondary containment structure shall be immediately recovered such that the capacity listed in ¶ 13.2 above is available at all times.

Pesticide discharges, rinsates, or precipitation containing pesticide material recovered may be utilized for its intended purpose if it can be applied according to label or properly disposed of according to state or federal law. The facility shall have items on hand and readily available to recover discharges to the maximum extent possible. 13.4. General Requirements (a) All primary containment shall be located within a secondary containment structure.

(b) Structural materials and integrity shall provide secondary containment which meets or exceeds the requirements of these rules.

(c) The walls and floor of a secondary containment structure shall be designed according to good engineering practices and shall be constructed of materials that are compatible with the pesticide, or that resist or are treated to resist corrosion due to exposure from the pesticide.

(d) The secondary containment structure shall be constructed to a water permeability rate not to exceed 1 x 10 -7 centimeters per second (~0.0035 inches per day) or a citation provided that identifies a material's specification that when followed will provide an equivalent permeability.

(e) The walls and floor of the secondary containment structure must be maintained as impervious to liquids for the usable life of the structure.

(f) The floor of the secondary containment structure must support the gravity load of full tanks.

(g) The walls of the secondary containment structure must withstand static and dynamic hydraulic loads from the equilibrium liquid level.

(h) The walls of the secondary containment structure adjacent to tanks must withstand dynamic hydraulic loads from liquid discharged from a ruptured tank.

(i) The floor of the secondary containment structure shall be designed to drain liquids to a sump.

(j) Sumps shall be drained only by a manually activated pump. Automatic pumps may be used during the inactive season provided all tanks in the secondary containment structure are empty.

(k) Sumps shall be constructed of materials which are watertight and resist corrosion or are treated to resist corrosion from pesticides.

(l) The secondary containment structure shall not have an outlet or gravity drain through the wall or floor.

(m) No piping shall be installed through the containment wall or floor.

(n) The walls of the secondary containment structure shall be of such a height as to allow easy inspection of the tank(s) from outside the containment as well as easy egress from the containment area.

(o) There shall be sufficient clearance between each tank and the wall of the secondary containment structure to allow for visual inspection of tanks from all sides.

(p) Electrical controls in the secondary containment structure shall be elevated above the level of the containment wall.

(q) Clay, natural soil-clay mixtures, clay-bentonite mixtures, or prefabricated bentonite liners shall not be used to contain any bulk pesticide.

(r) Synthetic Liners.

(1) The facility manager must obtain written confirmation of compatibility, durability, and a written estimate of the life of the synthetic liner from the manufacturer. This document must be kept at the facility as a permanent record.

(2) Synthetic liners shall be installed as per manufacturer’s specifications and under the supervision of a qualified representative of the manufacturer, and all seams shall be tested, and repaired if necessary, in accordance with the manufacturer's recommendations.

(s) Prefabricated Facilities.

(1) A prefabricated secondary containment structure shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel, reinforced concrete or synthetic materials which are resistant to corrosion, puncture or cracking.

(2) A written confirmation of compatibility and estimate of life expectancy from the basin manufacturer shall be kept on file at the nearest local office from which the storage structure is administered.

(3) The prefabricated facility shall be designed and installed to withstand all foreseeable loading conditions, including the tank load.

SUBPART B Mixing and Loading Areas for Liquid Pesticide All mixing and loading area operations for liquid pesticides must take place on a pad that meets the following requirements: 13.5. Capacity The mixing and loading pad shall provide at least the following capacity:

(a) The pad shall be of adequate size and design to contain 125% of the volume of the largest container to be loaded or unloaded if unprotected from precipitation or 110% of the volume of the largest container to be loaded or unloaded if protected from (b) If any storage container or mobile container to be loaded or unloaded has a capacity of greater than 1200 gallons the containment volume need only be large enough to hold a minimum of 1500 gallons if unprotected from precipitation or 1320 gallons if protected from precipitation. If the primary use of the pad is to load and unload spray equipment and associated support vehicles and bulk transport vehicles use the pad only for occasional delivery of pesticides then the pad size shall be determined by the volume of the largest container on the spray equipment or support vehicles provided the pad is designed so that bulk transport vehicles can conduct their occasional operations with all their appurtenances over the pad. 13.6. Pesticide discharges or precipitation accumulations on a mixing and loading area shall be immediately recovered such that the capacity listed in ¶ 13.5 is available at all times. Pesticide discharges, rinsates, or precipitation containing pesticide material recovered may be utilized for its intended purpose if it can be applied according to the label or properly disposed of according to state or federal law. The facility shall have items on hand and readily available to recover discharges to the maximum extent possible. 13.7. General Requirements (a) Provided the required containment capacity of ¶ 13.5. is met, pads need only be large enough so that the tank and appurtenances are physically over the pad provided no flushing of the boom system occurs.

(b) Pads for mixing and loading areas shall be constructed of liquid-tight, reinforced concrete or other material so as to form an impervious barrier between the pesticide handling area and the surrounding earth.

(c) The mixing and loading pad shall be designed to prevent storm water runoff from moving onto or across the mixing and loading pad.

(d) The mixing and loading pad shall not have any outlet points.

(e) The pad shall be constructed to a permeability rate that does not exceed 1 x 10 -7 centimeters per second (~0.0035 inches per day) or a citation provided that identifies a material's specification that when followed will provide an equivalent permeability.

(f) The pad must be maintained as impervious for the usable life of the structure.

(g) The pad must be able to handle the wheel loads of any vehicles using it.

(h) Mixing and loading pads shall be designed to drain liquids to a sump.

(i) Sumps shall be drained only by a manually activated pump during the operating season of the facility. Automatic pumps may be used during the inactive season.

(j) Sumps shall be constructed of materials which are watertight and resist corrosion or are treated to resist corrosion from pesticides.

SUBPART C Operations of Liquid Pesticide Primary and Secondary Containment Facilities and Mixing and Loading Areas Storage Containers and Appurtenances - Liquid Pesticide 13.8. General Requirements (a) Primary storage containers and appurtenances shall be constructed, installed and maintained so as to prevent the unintentional discharge of liquid pesticide.

(b) Primary storage containers and appurtenances shall be constructed of materials which are resistant to corrosion, puncture or cracking.

(c) Materials used in the construction or repair of storage containers and appurtenances may not be of a type which reacts chemically or electrolytically with stored pesticide in a way which may weaken the storage container or appurtenance, create risk of discharge, or adulterate the pesticide.

(d) Metals used for valves, fittings and repairs on metal containers shall be compatible with the metals used in the construction of the storage container, so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances, or create a risk of discharge.

(e) Primary storage containers and appurtenances shall be designed to handle all operating stresses, taking into account static head, pressure buildup from pumps and compressors, and any other physical stresses to which the storage containers and appurtenances may be subject in the foreseeable course of operations.

(f) Primary storage containers and appurtenances, including pipes, shall be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles engaged in the loading and unloading of liquid pesticide. 13.9. Appurtenances (a) Every storage container connection, except a safety relief connection, shall be equipped with a shut-off valve located on the storage container or at a distance from the storage container consistent with standard engineering practice.

(b) All wetted parts inside shut-off valves, and all connections from the storage container to the shut-off valve, shall be made of stainless steel or the pesticide manufacturer's recommended material.

(c) Except during use periods, shut-off valves shall be left closed and secured.

(d) Pipes and fittings shall be adequately supported to prevent sagging and possible breakage from gravity and other forces which may be encountered in the ordinary course of operations.

(e) A flexible connection is required between the plumbing and the tank to reduce risk of rupture. 13.10. Liquid Level Gauging Device (a) Every storage container shall be equipped with a device by which the level of liquid in the storage container can be readily and safely determined. However, a liquid level gauging device is not required if the level in a storage container can be readily and reliably measured by other means.

(b) Liquid level gauging devices shall be secured, in a safe manner.

(c) External sight gauges are prohibited. 13.11. Prohibited Materials (a) Storage containers and appurtenances may not be made of polyvinyl chloride.

(b) A storage container may not be made of ferrous metals, unless:

(1) The container is made of stainless steel; or (2) The container has a protective lining which inhibits corrosion and which does not react chemically with the stored pesticide; or (3) Ferrous metal is the pesticide manufacturer’s recommended material for the container. 13.12. Venting Each bulk liquid pesticide storage container shall be equipped with a vent or other device designed to relieve excess pressure, prevent losses by evaporation and exclude precipitation. 13.13. Storage with other commodities (a) No other commodity, except liquid pesticide, pesticide diluent, empty pesticide containers, or pesticide discharges recovered (from the bulk pesticide storage facility or the mixing and loading area), may be stored within the secondary containment structure.

(b) The bulk liquid pesticide secondary containment structure may share a wall or portion of a wall with a bulk liquid fertilizer secondary containment structure. 13.14. Labeling of Storage Containers Every storage container shall bear a label stating, with regard to the current contents of the container:

(a) The complete product label required by the United States Environmental Protection Agency;

(b) The total capacity of the bulk storage tank; and (c) The label required under this section shall be placed on the storage container so as to be visible from outside of the secondary containment structure. The label shall be kept in readable condition. 13.15. Abandoned Containers (a) Primary storage containers used at a bulk pesticide storage facility to hold bulk liquid pesticide or separate bulk pesticide rinsate shall be considered abandoned if they have been out of service for more than 6 months because of a weakness or leak, or have been out of service for any reason for more than 2 years.

(b) Abandoned aboveground containers shall be thoroughly cleaned.

(c) Wash water containing pesticide shall be utilized for the original intended purpose of the product. 13.16. Anchoring of Storage Containers Storage containers shall be anchored, elevated or secured by some other means to prevent floatation or instability which might occur as a result of liquid accumulations within the secondary containment structure. 13.17. Filling Storage containers may not be filled to more than 95% of capacity unless:

(a) The storage container construction or location provides constant temperature control; or (b) The storage container is an approved portable refillable container; or (c) Manufacturers' specifications allow it.

Part 14.0 Bulk Dry Pesticides 14.1. Storage (a) Bulk dry pesticide shall be stored inside a sound structure that prevents contact with (b) The floor of the bulk dry pesticide storage area shall be constructed of materials that prevent the downward movement of pesticide materials or the upward movement of moisture through the floor.

(c) Materials used in the walls and floors must resist or be treated to resist corrosion due to exposure to the pesticide. 14.2. Mixing and loading area and operations (a) All loading, unloading, mixing and handling of dry pesticide shall be done on a mixing and loading pad.

(b) The mixing and loading pad shall be of a size and design that will contain the pesticide being mixed or loaded and allow for collection of spilled material and facilitate easy cleanup.

(c) Pads for mixing and loading areas shall be constructed of material so as to form a barrier between the pesticide handling area and the surrounding earth and facilitate easy cleanup of spills.

(d) The pad must be maintained as a barrier between the product and the surrounding earth for the usable life of the structure.

(e) The pad must be able to handle the wheel loads of any vehicles using it.

(f) All spills shall be immediately cleaned up. 14.3. The facility and area shall be maintained in a good state of repair.

Part 15.0 Operations 15.1. Security (a) All pesticides in the facilities shall be secured against access by unauthorized persons.

(b) Valves on storage containers shall be locked and secured except when persons responsible for the facility security are present at the facility.

(c) Valves on empty storage containers need not be secured. 15.2. Inspection and Maintenance Every secondary containment structure, storage containers, appurtenances, mixing and loading areas should be visually inspected regularly and maintained as necessary to assure compliance with these rules. 15.3. Site Closure and Discontinuation of Operation.

(a) The Colorado Department of Agriculture must be notified of the permanent discontinuation of operations at any bulk pesticide storage facility or mixing and loading area within 7 days of closure.

(b) When a bulk pesticide storage facility or mixing and loading area is closed or operations are discontinued:

(1) All pesticides, rinsates, wash waters, and other materials containing pesticides shall be removed from the facility site and utilized for the original intended

purpose of the product if it can be applied according to label or properly disposed of according to state or federal law.

(2) All storage containers shall be thoroughly cleaned by triple rinsing or the equivalent.

Part 16.0 Site Plan Design and Construction 16.1. The facility shall comply with all applicable local, state and federal building codes and zoning requirements. 16.2. Bulk pesticide storage facilities and mixing and loading areas must be designed and constructed so as to meet the requirements of these rules. 16.3. In order to comply with this part, any facility constructed or remodeled on or after September 30, 1994, must be inspected for compliance with the design plan; and:

(a) Said design must be signed and sealed by an engineer registered in the state of Colorado, in accordance with Title 12, Article 25, Part 1 of The Colorado Revised Statutes; or (b) Said design must be from a source approved by the Commissioner and must be made available for public use.

Part 17.0 New Technologies 17.1. To best aid the improvement of containment technology:

(a) The Colorado Department of Agriculture may allow the use of containment processes or techniques that satisfy the requirements of these rules although an engineer will not sign or seal them, provided the operator proves to the satisfaction of the Department that the process or technique has a reasonably substantial chance for success.

(b) The process or technique may continue to be used for a maximum of two years with an annual review by the Department. After two years the process or technique must be signed and sealed by an engineer or discontinued.

(c) If the technique or procedure fails or if during or at the conclusion of the two years the experimental process or technique is deemed unacceptable by the Department or the engineer, it shall be discontinued and the operation must be brought into compliance with these rules within two years.

Part 18.0 Connections to Water Supplies 18.1. An air gap separation or a reduced pressure principle back flow prevention assembly shall be installed in the water supply line that serves the facility.

Part 19.0 Reserved for future use

Part 20.0 Reserved for future use

Part 21.0 Statements of Basis, Specific Statutory Authority and Purpose 21.1 July 28, 1994 – Effective September 30, 1994 The following rules are hereby promulgated by the Commissioner of the Department of Agriculture pursuant to his authority under § 25-8-205.5(3)(b), C.R.S. (1993 Supp.).

The purpose of these rules is to implement the provisions of § 25-8-205.5 (3) (b) (1993 Supp.), also known as SB 90-126, by adopting minimum performance standards and requirements for: 1) secondary containment of bulk pesticides, 2) mixing and loading pads where threshold amounts of pesticides are handled, 3) secondary containment of bulk commercial fertilizers stored in threshold amounts, 4) mixing and loading pads where secondary containment is required for commercial fertilizers, and 5) management of these facilities.

These rules will help achieve the overall purpose of SB 90-126, which is "to provide for the management of agricultural chemicals to prevent, minimize, and mitigate their presence in groundwater", by intercepting spills or leaks that may occur during the storage or handling of agricultural chemicals.

The process for drafting the regulations and how to allow maximum input and feedback from potentially regulated parties and utilize existing knowledge to its fullest extent was considered. It was determined to begin the development of the regulations by gathering information from other states with similar laws, industry standards, similar federal regulations and from individuals who had built secondary containment and mixing and loading facilities. Second, a work group consisting of advisory committee members and other individuals with experience in pesticide and fertilizer facilities was formed to evaluate this information, provide input and develop draft regulations. Third, the draft was presented to the full advisory committee for review and revision. Fourth, the revised draft regulations were presented at a series of meetings held throughout the state to receive feedback. The feedback from the meetings was presented to the work group and the advisory committee. The appropriate changes were then made and the regulations were prepared for the formal hearings.

Formal hearings were held in five locations around the state to provide the maximum opportunity for input. The hearings were held in Lamar, Alamosa, Grand Junction, Sterling and Lakewood. The final hearing in Lakewood was held in conjunction with an Agricultural Chemicals and Groundwater Protection Advisory Committee meeting to allow members of the committee to hear some of the testimony first hand.

Following the hearings the advisory committee discussed the comments received at all of the hearings as well as written comments submitted and changes were made that were appropriate based on the testimony.

The major issues encountered were neither exclusively factual nor exclusively policy. Consequently these issues were considered as both factual and policy.

1. The original statutory language that required development of the regulations was the major issue during the drafting and public meeting phase of development. The language was inconsistent with the manner in which the terms are commonly used in industry. This caused extreme difficulty in developing workable rules and regulations. Also, it was difficult for potentially regulated parties to determine whether compliance would be necessary since the thresholds were difficult to understand. SB 90-126 was amended by SB 93-114 during the 1993 legislative session to address this issue. Thresholds were changed to terms commonly used by agricultural chemical users and separate thresholds were established for pesticides and fertilizers.

2. The Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is currently developing similar regulations for the secondary containment of bulk pesticides. The EPA published their draft regulations on February 11, 1994. The state’s proposed regulations were developed working as closely with EPA as possible to prevent discrepancies. A thorough review of the Federal draft regulations has been completed to identify any major conflicts between the two sets of regulations. No significant changes were made to the state’s proposed regulations as a result of this review.

3. In determining the type of standards to require, it was decided to use performance specifications as opposed to prescribing type and size of materials. This will allow creativity and tailoring for each individual facility so long as performance is maintained. It will also allow for the use of new technology without a change being required in the regulations. The proposed regulations contain separate requirements for pesticides and commercial fertilizers. This allows for more relevant standards that take into account the different requirements in handling required by the labeling of the agricultural chemicals. Also, separate standards were developed for dry agricultural chemicals and liquid agricultural chemicals. This was done to address the inherent difference in their physical properties and they way they move when a spill or leak occurs.

4. Many of the concepts and technology for containment are relatively new and are therefore being continuously refined and changed. In order to not restrict evolution of technology and designs provisions were made for new technologies.

5. The law requires at least a three-year phase-in period for compliance with the rules and regulations. However in reviewing the costs involved, logistics and labor required, it was determined a graduated compliance schedule would be appropriate. This will allow entities to spread cost and work scheduling over a longer period of time.

6. Since performance specifications do not prescribe specific construction practices and because the Colorado Department of Agriculture does not have authority to approve construction plans prior to the facility being built, it was decided to require that plans be signed and sealed by a registered engineer in the State of Colorado. This will allow individuals to have some assurance that the facility will meet the requirements while insuring for the State that the facilities will perform adequately. A "Colorado" registered engineer was required since the engineering board requires all people who do engineering in Colorado to have a Colorado license.

One issue with the engineering requirement was the concern of this cost to operators of a facility.

To address this issue it was decided to attempt to have generic plans that are available throughout the United States signed and sealed by a registered engineer in Colorado and to make these publicly available. This will minimize the cost and prevent each individual needing a facility from having to hire an engineer and develop a new set of plans.

7. Many secondary containment facilities and mixing and loading pads have already been built around the state. Most of these facilities will meet the proposed regulations, however some may not meet all of the requirements. In order to address the issue, grandfathering existing facilities for a period of time was debated. However, it was determined that a separate set of requirements would have to be developed to make sure all existing facilities to be grandfathered would at least meet some minimal requirements. Because of this it was determined that the graduated phase-in schedule could be used a means of grandfathering and would give sufficient time for existing facilities to come into compliance without the need for transitional regulations.

8. In both the proposed commercial fertilizer and pesticide rule, whether secondary containment is required is a function of the size of the container and how long material is stored in the container.

A short period of time is allowed for storing product above established quantity thresholds before secondary containment is required. This is to allow for handling or temporary storage of product such as may occur when a semi-trailer is delivering material but is not unloaded immediately or for nurse trucks and tanks that are not permanent to stay in an area for a small amount of time without needing secondary containment. The proposed regulations specified 15 days for both pesticide and commercial fertilizer.

During the hearings, comments were received that indicated 15 days for commercial fertilizer tanks was to short of a time frame. The use of "tip tanks", tanks with a capacity of ~6,000 gallons that are moved on trailers and set up at various locations, are used fairly extensively in the state to supply fertilizer to application equipment particularly during planting time. These 6,000 gallon tanks exceed the threshold for secondary containment of 5,000 gallons. These tanks are utilized primarily to avoid hauling many small truck loads to a particular area during the time of application and are very useful in Colorado since many times there are large distances between the supplier and the application site. These tanks are set up in this location until application is completed and then moved to another area.

Unpredictable weather conditions was cited as the main reason that 15 days was to short of a time. A storm could delay application several days and could result in needing the product at one site longer than 15 days. Testimony received stated that these tanks provide a valuable service to the dealer and the producer. It prevents hauling a large number of small loads to one site which requires more loading and unloading of product increasing the risk of a spill or leak as well as an increased risk of more transportation related accidents. Temporary secondary containment of storage tanks of this size is not easily accomplished. If it was set up it would be very expensive based on the time it would be utilized. Since these tanks are not intended to be permanent storage, are in place for a relatively short period of time and in view of the associated risks of hauling and handling many loads of product it was decided based on this testimony, to extend the time period for commercial fertilizers to 30 days before secondary containment would be required.

9. Comments were received that due to the fact fertilizer and pesticide tanks for chemigation are often located near wells, they should in all cases, regardless of the size of the container and amount of time they would be in place, should be required to have secondary containment and a mixing and loading pad. However, the law dictates minimum thresholds where the regulations for secondary containment apply and exempts field mixing and loading from the regulations. In most situations, filling and emptying chemigation tanks is field mixing and loading. Chemigation tanks larger than the minimum threshold would require secondary containment.

10. The issue of how to contain rail cars which are in place longer than the threshold amount of time and whether a mixing and loading pad would be required under rail cars unloading in storage tanks requiring secondary containment was addressed. Rail cars were exempted from secondary containment and mixing and loading pad requirements. This is due to the fact it would be extremely difficult logistically due to the size of the containment or mixing and loading area that would be required. If the fertilizer and/or pesticide dealer cannot move the cars a secondary containment facility or mixing and loading pad would be required for each car. Also, the siding that the rail cars utilize is usually owned by the railroad company which may or may not authorize building such a facility. Provisions were made to require catch basins under the valves to recover leaks or drips when loading or unloading occurs.

11. Requirements for location of facilities with respect to wells, vulnerable water tables, surface water supplies and flood plains were considered. However, it was decided not to establish requirements. This was done to prevent conflict with local ordinances and zoning regulations that could deal with this issue on a site specific basis. Also, a properly constructed, maintained and operated facility should prevent any escape of agricultural chemicals that could contaminate a nearby water supply. 21.2 March 9, 2006 – Effective May 30, 2006 These amendments to the Rules at 8 CCR 1203-12 are adopted by the Commissioner of Agriculture pursuant to his authority under § 25-8-205.5(3)(b), C.R.S. (2005).

The purpose of this rulemaking is to make certain amendments to the Rules to make non-substantive typographical and grammatical corrections, to add a section to contain the statements of basis, specific statutory authority and purpose, and to make minor substantive changes to clarify the meaning, application and effect of the Rules. The Rule will also be moved to the Conservation Services Division

section of the CCR and renumbered to 8 CCR 1206-1 to reflect a reorganization in the Colorado Department of Agriculture moving the groundwater protection program to this division.

These amendments make the following substantive changes:

1. Parts 1.6 and 11.6. The definition of "impervious" has been changed to incorporate the numerical impermeability standard mandated for mixing and loading pads and secondary containment structures elsewhere in the Rules.

2. Part 2.4. The greater than sign (>) for 100,000 tanks has been changed to a greater than or equal sign (≥) to be consistent with the 10-year exemption in Part 3.5(a) of tanks having a capacity of 100,000 gallons or more.

3. New Parts 2.5 and 12.5 have been added to expressly state the implicit requirement in the existing Rules that a mixing and loading area is required if secondary containment is required.

4. Parts 3.2 and 13.2. Subparagraphs (a) and (b) have been revised to clarify that the capacity of the secondary containment structure must be calculated as specified in the Rule. The parenthetical numbers have been deleted to avoid confusion that could occur if a calculated capacity does not exactly equal the stated percentage.

5. Parts 3.4(q)(1) and 13.4(r)(1) have been revised to clarify that it is the facility manager’s responsibility to obtain the required confirmation of a liner’s compatibility and durability from the manufacturer.

6. Part 13.9. A new subparagraph (e) has been added. This language was inadvertently omitted from the original Rules and corresponds to the existing Part 3.10(d).

Basis:

The factual, legal and policy issues pertaining to the amendment of these Rules are as follows:

1. The original rules were adopted on September 30, 1994.

2. The proposed amendments are the first changes made to the Rules since their adoption.

3. During the ten years that these Rules have been in place, the Department of Agriculture has identified various changes that are needed to clarify their meaning and effect.

4. The proposed changes have been reviewed by the members of the Agricultural Chemicals and Groundwater Protection Committee, an advisory body established by the State Agricultural Commission that is composed of representatives from various stakeholders including the Colorado Water Quality Control Commission, commercial pesticide applicators, the green industry, agricultural chemical suppliers, agricultural producers and the general public. The 21.3 August 9, 2011 – Effective October 15, 2011 These amendments to the Rules at 8 C.C.R. 1203-12 are adopted by the Commissioner of Agriculture pursuant to his authority under § 25-8-205.5(3)(b), C.R.S. (2010).

The purpose of this rulemaking is to make certain amendments to the Rules to make minor substantive changes to clarify the meaning, application, and effect of the Rules and to make non-substantive typographical and grammatical corrections.

These amendments make the following substantive changes:

1. Parts 3.3, 3.7, 4.2(f), 4.3, 13.3, 13.6, and 14.2(f). The word promptly has been changed to immediately to more clearly reflect the urgent need to clean up discharges, spills, and precipitation accumulations in fertilizer and pesticide secondary containment structures and mixing and loading areas without delay.

2. Parts 3.5(a)(1)(iii), 3.13(a), 3.15, and 13.15. The word fluid has been changed to liquid to be consistent with the remaining text.

3. Parts 6.3 and 16.3. Language has been added to clarify that only facilities constructed on or after the effective date of these rules (September 30, 1994) are subject to the provisions of these parts. Facilities constructed before the effective date of these rules must still comply with all applicable, remaining parts of the rules.

4. Part 12.1(a). This paragraph has been revised to remove outdated references to DOT 57 and MACA 75 pesticide containers and replaced with reference to EPA’s new container rule to assure that containers exempted in Colorado meet EPA’s standards.

5. Parts 12.1(a) and 13.17(b). The word mini-bulk has been replaced with the words portable refillable containers to reflect a more accurate, commonly used term for these portable pesticide containers.

6. Part 13.15(a). The word bulk has been inserted before the words pesticide rinsate to imply that only pesticide rinsate that is stored in bulk quantities is subject to the provisions of 13.15.

The following Parts contain non-substantive typographical and/or grammatical changes that are intended only to clarify the original wording and meaning of the existing Rules:

1. Part 1.1. The word plan has been changed to plant; the intended word for this part.

2. Parts 3.10(a) and 13.9(a)(b). The word shutoff has been changed to shut-off to be consistent with the remaining text.

3. Parts 3.13(a), 4.0, 4.1(a)(b), 4.3, 13.12, 13.13(b), 13.15(a), 14.0, and 14.1(a)(b). The word bulk has been moved and placed in front of the words liquid/dry to be consistent with remaining text.

4. Parts 6.3 and 16.3 contain punctuation changes only.

Factual and Policy Basis:

The factual, legal and policy issues pertaining to the amendment of these Rules are as follows:

1. The original rules were adopted on September 30, 1994.

2. The proposed amendments are the second changes made to the Rules since their adoption.

3. During the last five years, the Department of Agriculture has identified various changes that are needed to clarify their meaning and effect.

4. The proposed changes have been reviewed by the members of the Agricultural Chemicals and Groundwater Protection Committee, an advisory body established by the State Agricultural Commission that is composed of representatives from various stakeholders including the Colorado Water Quality Control Commission, commercial pesticide applicators, the green industry, agricultural chemical suppliers, agricultural producers and the general public. The 21.4 September 17, 2014 – Effective November 14, 2014 This amendment to the Rules published at 8 C.C.R. 1206-1 is adopted by the Commissioner of Agriculture pursuant to his authority under § 25-8-205.5(3)(b), C.R.S.

This amendment adds a new subpart (c) to part 12.2 to exempt from these rules the inspection of bulk pesticide storage and mixing/loading areas at public water treatment systems and domestic wastewater treatment works.

Factual and Policy Basis:

The factual, legal and policy issues pertaining to the amendment of these Rules are as follows:

1. The Department of Agriculture has identified a duplication of State efforts regarding inspection at water treatment facilities and this change is needed to clarify which facilities the CDA will regulate.

2. The Department has determined, in consultation with the CDPHE, that the CDPHE inspection protocol adequately addresses pesticide storage at water treatment facilities.

3. The Department needs to more narrowly focus its rules regarding the storage of bulk pesticides.

This change will more clearly define which types of pesticide storage facilities that the CDA will regulate. The rules are intended to focus on agriculturally-related industries and this change will keep the CDA’s efforts focused on industries where CDA has its primary expertise.

4. The proposed changes have been reviewed by the members of the Agricultural Chemicals and Groundwater Protection Advisory Committee, an advisory body established by the State Agricultural Commission that is composed of representatives from various stakeholders including the Colorado Water Quality Control Commission, commercial pesticide applicators, the green industry, agricultural chemical suppliers, agricultural producers, and the general public. The _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/15/2011.

Section II Parts 12.0, 21.4 eff. 11/14/2014.

8 CCR 1206-2 Rules Pertaining to the Administration and Enforcement of the Colorado Noxious Weed Act {#sec-8-ccr-1206-2 omnilex-key=us-co-regs-official--department-1--8 CCR 1206-2}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO

NOXIOUS WEED ACT

8 CCR 1206-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1 Definitions 1.1. “Act” means the Colorado Noxious Weed Act, §§ 35-5.5-101 through 119, C.R.S. 1.2 “Approved by the Commissioner” means any of those integrated management techniques prescribed for use in accordance with Part 2.1 below. 1.3. “Compliance waiver” means a written exemption granted to a local governing body or landowner by the Commissioner that releases the local governing body and/or landowner from certain management objectives for a specific population of a List A or List B species. 1.4. “Elimination” means the removal or destruction of all emerged, growing plants of a population of List A or List B species designated for eradication by the Commissioner. It is the first step in achieving eradication and is succeeded by efforts to detect and destroy newly emerged plants arising from seed, reproductive propagule, or remaining root stock for the duration of the seed longevity for the particular species. 1.5. “Infested acreage” means an area of land containing one or more plants of a noxious weed 1.6. “Population” means a group of designated noxious weeds of the same species occupying a particular geographic region and capable of interbreeding. 1.7. “Ordinary high water mark” means that line on the shore of any river or perennial or intermittent stream established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. 1.8. “Public open space” means publicly-owned land that is managed for its natural or agricultural value. 1.9. All definitions in Section 35-5.5-103, CRS apply to these Rules.

Part 2 General Provisions 2.1. The Commissioner will publish a list on the Colorado Department of Agriculture website (http://www.colorado.gov/ag/weeds) of the biological, herbicide, cultural, or mechanical management techniques prescribed for use under the specific state noxious weed management plans for List A and List B species. 2.1.1. The prescribed management techniques are mandatory techniques for List A species and for populations of List B species designated for eradication. 2.1.2. At any time, affected persons may suggest and the Commissioner may approve, in writing, additional integrated management techniques not otherwise listed per Part 2.1 above for the eradication, elimination, containment, or suppression of designated state noxious weeds. Such approval may be site-specific or broadly applicable. 2.2. As a condition for granting a compliance waiver releasing a local governing body and/or landowner from the management objective specified in a state noxious weed management plan, the Commissioner may require the local governing body and/or landowner to implement other specified management actions with respect to a specific population. 2.3. No recommendations or requirements in these Rules concerning the use of herbicides are intended to contradict or supersede any other federal, state, or local law regulating herbicide use.

All use of herbicides to achieve any management objectives specified in these Rules must comply with all applicable federal, state and local legal requirements, including but not limited to compliance with all directions for use, precautionary statements, and any other requirements in the labeling of the particular herbicide product.

Part 3 List A Noxious Weed Species 3.1. List A of the Colorado noxious weed list comprises the following noxious weed species:

African rue (Peganum harmala) [Rule 3.6.1.]

Camelthorn (Alhagi maurorum) [Rule 3.6.2.]

Common crupina (Crupina vulgaris) [Rule 3.6.3.]

Cypress spurge (Euphorbia cyparissias) [Rule 3.6.4.]

Dyer's woad (Isatis tinctoria) [Rule 3.6.5.]

Elongated mustard (Brassica elongata) [Rule 3.6.18.]

Flowering rush (Butomus umbellatus) [Rule 3.6.24]

Giant reed (Arundo donax) [Rule 3.6.19.]

Giant salvinia (Salvinia molesta) [Rule 3.6.6.]

Hairy willow-herb (Epilobium hirsutum) [Rule 3.6.23]

Hydrilla (Hydrilla verticillata) [Rule 3.6.7.]

Japanese knotweed (Fallopia japonica) [Rule 3.6.20.]

Giant knotweed (Fallopia sachalinense) [Rule 3.6.21.]

Bohemian knotweed (Fallopia x bohemicum) [Rule 3.6.22.]

Meadow knapweed (Centaurea x moncktonii) [Rule 3.6.8.]

Mediterranean sage (Salvia aethiopis) [Rule 3.6.9.]

Medusahead (Taeniatherum caput-medusae) [Rule 3.6.10.]

Myrtle spurge (Euphorbia myrsinites) [Rule 3.6.11.]

Orange hawkweed (Hieracium aurantiacum) [Rule 3.6.12.]

Parrotfeather (Myriophyllum aquaticum) [Rule 3.6.25]

Purple loosestrife (Lythrum salicaria) [Rule 3.6.13.]

Rush skeletonweed (Chondrilla juncea) [Rule 3.6.14.]

Squarrose knapweed (Centaurea virgata) [Rule 3.6.15.]

Tansy ragwort (Senecio jacobaea) [Rule 3.6.16.]

Ventenata (Ventenata dubia) [Rule 3.6.27.]

Yellow flag iris (Iris pseudacorus) [Rule 3.6.26.]

Yellow starthistle (Centaurea solstitialis) [Rule 3.6.17.] 3.2. All populations of List A species in Colorado are designated by the Commissioner for eradication. 3.3. It is a violation of these rules to allow any plant of any population of any List A species to produce seed or develop other reproductive propagules. 3.4. Prescribed management techniques must be applied to every population of List A noxious weeds present in Colorado to achieve the following objectives: 3.4.1. The plants of every population of List A species must be eliminated prior to seed development. 3.4.2. Once all mature plants are eliminated, appropriate efforts must be made to detect and eliminate new plants arising from seed, reproductive propagule, or root stock for the duration of the seed longevity for the particular species. 3.4.3. In order to ensure that seeds or other reproductive propagules are not produced or spread, any plant with flowers, seeds, or other reproductive propagules must be placed in sealed plastic bags and disposed of by: 3.4.3.1. High intensity burning in a controlled environment that completely destroys seed viability; 3.4.3.2. Removal of plant materials to a solid waste landfill which covers refuse daily with six inches of soil or alternative material; or 3.4.3.3. Any other method approved by the Commissioner. 3.5. Within one year of detection, any local governing body with a population of any List A species must provide to the State Weed Coordinator mapping data in a form prescribed by the Commissioner, pertinent to each population including, but not limited to: 3.5.1. Species name 3.5.2. Population location(s) including distribution and measure of abundance (e.g., percent cover, total number of plants, density per unit area) 3.5.3. Estimated infested acreage 3.6. State Noxious Weed Management Plans for List A Noxious Weed Species 3.6.1. African rue (Peganum harmala). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for African rue: 3.6.1.1. The prescribed integrated management techniques are limited to the use of 3.6.1.2. Prescribed integrated management techniques do not include the use of any 3.6.1.3. Seed longevity is unknown. 3.6.2. Camelthorn (Alhagi maurorum). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for camelthorn: 3.6.2.1. The prescribed integrated management techniques are limited to the use of 3.6.2.2. Prescribed integrated management techniques do not include the use of any 3.6.2.3. Seed longevity is at least several years. 3.6.3. Common crupina (Crupina vulgaris). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for common crupina: 3.6.3.1. The prescribed integrated management techniques are limited to the use of 3.6.3.2. Prescribed integrated management techniques do not include the use of any 3.6.3.3. Seed longevity is three years. 3.6.4. Cypress spurge (Euphorbia cyparissias). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for cypress spurge: 3.6.4.1. The prescribed integrated management techniques are limited to the use of 3.6.4.2. Prescribed integrated management techniques do not include the use of any 3.6.4.3. Seed longevity is estimated to be eight years. 3.6.5. Dyer’s woad (Isatis tinctoria). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for dyer’s woad: 3.6.5.1. The prescribed integrated management techniques are limited to the use of 3.6.5.2. Prescribed integrated management techniques do not include the use of any 3.6.5.3. Seed longevity is at least eight years. 3.6.6. Giant salvinia (Salvinia molesta). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for giant salvinia: 3.6.6.1. The prescribed integrated management techniques are limited to the use of herbicides approved by the Commissioner, water drawdown (controlled water 3.6.6.2. Prescribed integrated management techniques do not include the use of any 3.6.6.3. Any efforts to physically remove plants must prevent fragmentation as stem fragments are considered plant propagules. 3.6.6.4. Spore longevity is negligible. 3.6.7. Hydrilla (Hydrilla verticillata). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for hydrilla: 3.6.7.1. The prescribed integrated management techniques are limited to the use of herbicides approved by the Commissioner, water drawdown (controlled water 3.6.7.2. Prescribed integrated management techniques do not include the use of any 3.6.7.3. Any efforts to physically remove plants must prevent fragmentation as stem fragments are considered reproductive propagules. 3.6.7.4. Seed longevity is unknown. 3.6.8. Meadow knapweed (Centaurea x moncktonii). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for meadow knapweed: 3.6.8.1. The prescribed integrated management techniques are limited to the use of 3.6.8.2. Prescribed integrated management techniques do not include the use of any 3.6.8.3. Seed longevity is estimated to be at least seven years. 3.6.9. Mediterranean sage (Salvia aethiopis). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for Mediterranean sage: 3.6.9.1. The prescribed integrated management techniques are limited to the use of 3.6.9.2. Prescribed integrated management techniques do not include the use of any 3.6.9.3. Seed longevity is unknown. 3.6.10. Medusahead (Taeniatherum caput-medusae). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for medusahead: 3.6.10.1. The prescribed integrated management techniques are limited to the use 3.6.10.2. Prescribed integrated management techniques do not include the use of 3.6.10.3. Seed longevity is at least two years. 3.6.11. Myrtle spurge (Euphorbia myrsinites). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for myrtle spurge: 3.6.11.1. The prescribed integrated management techniques are limited to the use 3.6.11.2. Prescribed integrated management techniques do not include the use of 3.6.11.3. Seed longevity is estimated to be eight years. 3.6.12. Orange hawkweed (Hieracium aurantiacum). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for orange hawkweed: 3.6.12.1. The prescribed integrated management techniques are limited to the use of herbicides approved by the Commissioner. 3.6.12.2. Prescribed integrated management techniques do not include the use of 3.6.12.3. Seed longevity is estimated to be eight years. 3.6.13. Purple loosestrife (Lythrum salicaria). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for purple loosestrife: 3.6.13.1. The prescribed integrated management techniques are limited to the use 3.6.13.2. Prescribed integrated management techniques do not include the use of 3.6.13.3. Any efforts to physically remove plants must prevent fragmentation as 3.6.13.4. Seed longevity is unknown but at least ten years. 3.6.14. Rush skeletonweed (Chondrilla juncea). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for rush skeletonweed: 3.6.14.1. The prescribed integrated management techniques are limited to the use 3.6.14.2. Prescribed integrated management techniques do not include the use of 3.6.14.3. Seed longevity is at least three years. 3.6.15. Squarrose knapweed (Centaurea virgata). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for squarrose knapweed: 3.6.15.1. The prescribed integrated management techniques are limited to the use 3.6.15.2. Prescribed integrated management techniques do not include the use of 3.6.15.3. Seed longevity is at least three years. 3.6.16. Tansy ragwort (Senecio jacobaea). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for tansy ragwort: 3.6.16.1. The prescribed integrated management techniques are limited to the use 3.6.16.2. Prescribed integrated management techniques do not include the use of 3.6.16.3. Seed longevity is at least sixteen years. 3.6.17. Yellow starthistle (Centaurea solstitialis). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for yellow starthistle: 3.6.17.1. The prescribed integrated management techniques are limited to the use 3.6.17.2. Prescribed integrated management techniques do not include the use of 3.6.17.3. Seed longevity is at least ten years. 3.6.18. Elongated mustard (Brassica elongata). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for elongated mustard: 3.6.18.1. The prescribed integrated management techniques are limited to the use of herbicides approved by the Commissioner, and hand-pulling, digging, or other 3.6.18.2. Prescribed integrated management techniques do not include the use of 3.6.18.3. Seed longevity is unknown. Infested sites must be monitored for at least 3.6.19. Giant reed (Arundo donax). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for giant reed: 3.6.19.1. The prescribed integrated management techniques are limited to the use 3.6.19.2. Prescribed integrated management techniques do not include the use of 3.6.19.3. Any efforts to physically remove plants must prevent fragmentation as 3.6.19.4. Seed longevity is unknown. Infested sites must be monitored for at least 3.6.20. Japanese knotweed (Fallopia japonica). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for Japanese knotweed: 3.6.20.1. The prescribed integrated management techniques are limited to the use 3.6.20.2. Prescribed integrated management techniques do not include the use of 3.6.20.3. Any efforts to physically remove plants must prevent fragmentation as 3.6.20.4. Seed longevity is unknown. Infested sites must be monitored for at least 3.6.21. Giant knotweed (Fallopia sachalinense). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for giant knotweed: 3.6.21.1. The prescribed integrated management techniques are limited to the use 3.6.21.2. Prescribed integrated management techniques do not include the use of 3.6.21.3. Any efforts to physically remove plants must prevent fragmentation as 3.6.21.4. Seed longevity is unknown. Infested sites must be monitored for at least 3.6.22. Bohemian knotweed (Fallopia x bohemicum). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for Bohemian knotweed: 3.6.22.1. The prescribed integrated management techniques are limited to the use 3.6.22.2. Prescribed integrated management techniques do not include the use of 3.6.22.3. Any efforts to physically remove plants must prevent fragmentation as 3.6.22.4. Seed longevity is unknown. Infested sites must be monitored for at least 3.6.23. Hairy willow-herb (Epilobium hirsutum). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for hairy willow-herb: 3.6.23.1. The prescribed integrated management techniques are limited to the use 3.6.23.2. Prescribed integrated management techniques do not include the use of 3.6.23.3. Seed longevity is unknown. Infested sites must be monitored for at least 3.6.24. Flowering rush (Butomus umbellatus). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for flowering rush: 3.6.24.1. The prescribed integrated management techniques are limited to the use of herbicides approved by the Commissioner, water drawdown (controlled water 3.6.24.2. Prescribed integrated management techniques do not include the use of 3.6.24.3. Any efforts to physically remove plants must prevent fragmentation as stem fragments are considered reproductive propagules. 3.6.24.4. Seed longevity is unknown. Reproduction by seed is rare; most plants are sterile. Infested sites must be monitored for at least ten years after the populations have been eliminated and treatments must be repeated when necessary to prevent reproduction. 3.6.25. Parrotfeather (Myriophyllum aquaticum). In addition to the requirements set forth in this

Part 3 for the management of all List A species, the following conditions also apply for parrotfeather: 3.6.25.1. The prescribed integrated management techniques are limited to the use of herbicides approved by the Commissioner, water drawdown (controlled water 3.6.25.2. Prescribed integrated management techniques do not include the use of 3.6.25.3. Any efforts to physically remove plants must prevent fragmentation as stem fragments are considered reproductive propagules. 3.6.25.4. Seed longevity is unknown. Reproduction by seed is rare; seeds are seldom encountered outside its native range. Infested sites must be monitored for at least ten years after the populations have been eliminated and treatments must be repeated when necessary to prevent reproduction. 3.6.26. Yellow flag iris (Iris pseudacorus). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for yellow flag iris: 3.6.26.1. The prescribed integrated management techniques are limited to the use 3.6.26.2. Prescribed integrated management techniques do not include the use of 3.6.26.3. Any efforts to physically remove plants must prevent fragmentation as 3.6.26.4. Seed longevity is unknown but at least two years. Infested sites must be monitored for at least fifteen years after the populations have been eliminated 3.6.27. Ventenata (Ventenata dubia). In addition to the requirements set forth in this Part 3 for the management of all List A species, the following conditions also apply for ventenata: 3.6.27.1. The prescribed integrated management techniques are limited to the use 3.6.27.2. Prescribed integrated management techniques do not include the use of 3.6.27.3. Seed longevity is about two years.

Part 4 List B Noxious Weed Species 4.1. List B of the Colorado noxious weed list comprises the following noxious weed species:

Absinth wormwood (Artemisia absinthium) [Rule 4.8.1.]

Black henbane (Hyoscyamus niger) [Rule 4.8.6.]

Bouncingbet (Saponaria officinalis) [Rule 4.8.29.]

Bull thistle (Cirsium vulgare) [Rule 4.8.19.]

Canada thistle (Cirsium arvense) [Rule 4.8.25.]

Chinese clematis (Clematis orientalis) [Rule 4.8.2.]

Common tansy (Tanacetum vulgare) [Rule 4.8.30.]

Common teasel (Dipsacus fullonum) [Rule 4.8.24.]

Cutleaf teasel (Dipsacus laciniatus) [Rule 4.8.24.]

Dalmatian toadflax, broad-leaved (Linaria dalmatica) [Rule 4.8.12.]

Dalmatian toadflax, narrow-leaved (Linaria genistifolia) [Rule 4.8.12.]

Dame's rocket (Hesperis matronalis) [Rule 4.8.26.]

Diffuse knapweed (Centaurea diffusa) [Rule 4.8.7.]

Eurasian watermilfoil (Myriophyllum spicatum) [Rule 4.8.20.]

Hoary cress (Lepidium draba) [Rule 4.8.16.]

Houndstongue (Cynoglossum officinale) [Rule 4.8.10.]

Jointed goatgrass (Aegilops cylindrica) [Rule 4.8.27.]

Leafy spurge (Euphorbia esula) [Rule 4.8.13.]

Mayweed/stinking chamomile (Anthemis cotula) [Rule 4.8.22.]

Moth mullein (Verbascum blattaria) [Rule 4.8.28.]

Musk thistle (Carduus nutans) [Rule 4.8.21.]

Oxeye daisy (Leucanthemum vulgare) [Rule 4.8.8.]

Perennial pepperweed (Lepidium latifolium) [Rule 4.8.11.]

Plumeless thistle (Carduus acanthoides) [Rule 4.8.3.]

Russian knapweed (Rhaponticum repens) [Rule 4.8.17.]

Russian-olive (Elaeagnus angustifolia) [Rule 4.8.34.]

Salt cedar (Tamarix chinensis and T. ramosissima) [Rule 4.8.5.]

Scentless chamomile (Tripleurospermum inodorum) [Rule 4.8.22.]

Scotch thistle (Onopordum acanthium) [Rule 4.8.23.]

Scotch thistle (Onopordum tauricum) [Rule 4.8.23.]

Spotted knapweed (Centaurea stoebe ssp.micranthos) [Rule 4.8.4.]

Spotted x diffuse knapweed hybrid (Centaurea x psammogena) [Rule 4.8.4.]

Sulfur cinquefoil (Potentilla recta) [Rule 4.8.18.]

Wild caraway (Carum carvi) [Rule 4.8.31.]

Yellow nutsedge (Cyperus esculentus) [Rule 4.8.32.]

Yellow toadflax (Linaria vulgaris) [Rule 4.8.9.]

Yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica) [Rule 4.8.9.] 4.2. List B noxious weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, develops and implements state noxious weed management plans designed to stop the continued spread of these species. List B species must be managed in accordance with all the provisions of this Part 4, including any applicable state noxious weed management plans. In addition, the Commissioner gathers data on List B species on a rotation schedule to determine and develop subsequent management plans as set forth in Part 4.3. 4.3. Local governing bodies and other interested parties should, to the maximum extent possible, report the distribution and abundance of Eurasian watermilfoil, jointed goatgrass, perennial pepperweed, musk thistle, bull thistle, Scotch thistle, and hoary cress in a form prescribed by the Commissioner. The Commissioner will consult with the state noxious weed advisory committee, local governments, and other interested parties, in order to update and implement state noxious weed management plans in 2027 designed to stop the continued spread of these species. 4.3.1. For any local governing body reporting a population of the species named in Part 4.3 above, that local governing body should, to the maximum extent possible and within one year of detection of the species, provide to the State Weed Coordinator accurate georeferenced mapping data pertinent to the distribution and abundance of such List B species in a form prescribed by the Commissioner, including but not limited to: 4.3.1.1. Species name 4.3.1.2. Population location(s) including distribution and a measure of abundance (e.g., percent cover, total number of plants, density per unit area) 4.3.1.3. Estimated infested acreage 4.4. It is a violation of these rules to allow any plant of any population of a List B species designated for elimination by the Commissioner in a state noxious weed management plan (Rules 4.8.1- 4.8.34) to produce seed or develop other reproductive propagules after the time specified in the plan for elimination. 4.5. Prescribed management techniques must be applied to every population of List B species designated for elimination by the Commissioner in a state noxious weed management plan (Rules 4.8.1 - 4.8.34) to achieve the following objectives: 4.5.1. The plants of every population of List B species designated for elimination must be eliminated prior to seed development in the year specified. 4.5.2. Any population that is discovered in areas designated for elimination subsequent to the year specified for elimination must be eliminated prior to the development of viable seed.

If the population is discovered after seed development has occurred, then efforts must be made to minimize the dispersion of seed and elimination is required prior to seed development in the following year. 4.5.3. Once all plants are eliminated, appropriate efforts must be made in subsequent years to detect and eliminate new plants arising from seed, reproductive propagule, or root stock prior to seed development for the duration of the seed longevity for the particular species. 4.5.4. In order to ensure that seeds or other reproductive propagules are not produced or spread, any plant with flowers, seeds, or other reproductive propagules must be placed in sealed plastic bags and disposed of by: 4.5.4.1. High intensity burning in a controlled environment that completely destroys seed viability; 4.5.4.2. Removal of plant materials to a solid waste landfill which covers refuse daily with six inches of soil or alternative material; or 4.5.4.3. Any other method approved by the Commissioner. 4.6 All List B populations that are located within an entity’s jurisdiction or control and that are located within any boundary described in Part 4.8 below, from the center of any river or perennial or intermittent stream 100 feet beyond the ordinary high water mark on both banks, and that are within one-quarter mile of the downstream boundary of this area, must be: 4.6.1 Treated to meet or exceed the treatment requirements for the area immediately downstream by 2032, and each year thereafter, except as noted below; 4.6.2 Where a river passes through one county to another county, treated to meet or exceed the higher treatment requirement of the two counties by 2032, and each year thereafter; or 4.6.3 For the main stem of the South Platte River where it forms the boundary between Douglas and Jefferson Counties; the main stem of the Rio Grande River where it forms the boundary between Conejos and Costilla Counties; the main stem of the Fryingpan River where it forms the boundary between Eagle and Pitkin Counties; or the main stem of the Arkansas River where it forms the boundary between Crowley and Otero Counties, eliminated on both banks from the center of the main stem river to 100 feet beyond the ordinary high water mark by 2032 and each year thereafter. 4.7 All List B populations on public land within an entity’s jurisdiction or control must be eliminated prior to seed development and on an annual basis when those populations are located within 15 feet from the edge of any public roads, public highways, public rights-of-way, and any easements appurtenant thereto. 4.8. State Noxious Weed Management Plans for List B Noxious Weed Species 4.8.1. Absinth wormwood (Artemisia absinthium). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for absinth wormwood: 4.8.1.1. Except as noted below, elimination of all populations is required prior to seed 4.8.1.2. For Gunnison County, elimination of all populations is required prior to seed demarcated as T50N R1E to R1W and T49N R1W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the areas described above, 4.8.1.3. The prescribed integrated management techniques for the elimination of 4.8.1.4. Prescribed integrated management techniques do not include the use of any 4.8.1.5. Seed longevity is estimated to be three to four years. Infested sites must be monitored for at least five years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and 4.8.2. Chinese clematis (Clematis orientalis). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for Chinese clematis: 4.8.2.1. Except as noted below, elimination of all populations is required prior to seed 4.8.2.2. For Adams County, elimination of all populations is required prior to seed demarcated to the north, west, and south by Adams County line and to the east by the eastern boundary of T3S R67W. Except as otherwise specified in Parts 4.8.2.3. For Arapahoe County, elimination of all populations is required prior to seed demarcated to the north and west by the Arapahoe County line and to the south and east by the southern and eastern boundary of T4S R67W. Except as 4.8.2.4. For Clear Creek County, elimination of all populations is required prior to seed demarcated as T3S R73W to R74W and T4S R72W to R74W. Except as 4.8.2.5. For Denver County, elimination of all populations is required prior to seed demarcated as T3S R67W to R68W and T4S R67W to R68W up to the northern, western, southern, and eastern Denver County line. Except as otherwise 4.8.2.6. For Jefferson County, elimination of all populations is required prior to seed demarcated as T3S R69W to R71W and T4S R69W to R71W. Except as 4.8.2.7. For Garfield County, elimination of all populations is required prior to seed demarcated as T5S R90W to R92W Sec 25 to 36, T6S R91W to R92W Sec 1 to 12, and T6S R93W Sec 1 to 3 and 10 to 12. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.2.8. For Gilpin County, elimination of all populations is required prior to seed demarcated to the north by the northern boundary of T3S R72W to R73W and to the south, west, and east by the southern and eastern Gilpin County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.2.9. The Commissioner may determine that some populations in Clear Creek and Jefferson Counties cannot safely be eliminated because of the steepness or instability of the mountainous terrain on which they are located. In such cases, the requirement for elimination may be waived if the Commissioner grants a waiver consistent with Part 7 of these Rules. 4.8.2.10. The prescribed integrated management techniques for the elimination of Commissioner and digging or other mechanical techniques approved by the 4.8.2.11. Prescribed integrated management techniques do not include the use of 4.8.2.12. Seed longevity is unknown. Infested sites must be monitored for at least 4.8.3. Plumeless thistle (Carduus acanthoides). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for plumeless thistle: 4.8.3.1. Except as noted below, elimination of all populations is required prior to seed development in 2018 and each year thereafter in all Colorado counties. 4.8.3.2. For Eagle County, elimination of all populations is required prior to seed demarcated to the north by the northern boundary of T6S R83w to R87W; to the west and south by the western and southern Eagle County line; and to the east by the eastern Roaring Fork Hydrologic Unit Code 8-digit Subbasin boundary, the eastern boundary of T7S R83W Sec 1, 2, and 12, and the eastern boundary of T6S R83W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.3.3. For Garfield County, elimination of all populations is required prior to seed demarcated as: (Area 1) the northwestern Roaring Fork Hydrologic Unit Code 8- Digit Subbasin boundary and the southern and eastern Garfield County line; and (Area 2) T7S R93W to R95W. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.3.4. For Gunnison County, elimination of all populations is required prior to seed demarcated as the northern and eastern Gunnison County line and the Roaring Fork Hydrologic Unit Code 8-Digit Subbasin boundary. Except as otherwise 4.8.3.5. For Pitkin County, elimination of all populations is required prior to seed development in 2030 and each year for all land outside an area demarcates as the norther, western, southern and eastern Pitkin County line, and the eastern Roaring Fork Hydrologic Unit Code-8 Subbasin boundary. Except as otherwise 4.8.3.6. The prescribed integrated management techniques for the elimination of 4.8.3.7. Prescribed integrated management techniques do not include the use of any 4.8.3.8. Seed longevity is unknown. Infested sites must be monitored for at least ten years after the populations have been eliminated and treatments must be 4.8.4. Spotted knapweed (Centaurea stoebe L. ssp micranthos) and Spotted x diffuse knapweed hybrid (Centaurea x psammogena). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for spotted knapweed and spotted x diffuse knapweed hybrid: 4.8.4.1. Except as noted below, elimination of all populations is required prior to seed 4.8.4.2. For Archuleta County, elimination of all populations is required prior to seed demarcated to the north by the northern boundary of T36N R2, T37N R2W, and T36N R3W to R4W up to the northern Archuleta County line and the northern boundary of T35N R5W to R6W; to the west by the western Archuleta County line and the western boundary of T34N to T33N R5W; to the south by the southern boundary of T34N R4 to R5W T33N R5W, T34 R4W, T34N R3W, T36N R2W, and T36N R2W; and to the east by the eastern boundary of T33N R5W, T34N R4W, T34N to T35N R3W, and T36N R2W. Except as otherwise specified in Parts 4.6 to 4.7, for all land within the area described above, suppression is 4.8.4.3. For Chaffee County, elimination of all populations is required prior to seed development in 2028 for all land outside an area demarcated as T12S to T15S R79W, T51N R7E, T13S to T15S R78w, T51N R8E, T50N R8E to T48N R83, T13s R77W, and T49N R8E to R9E to the southern and eastern Chaffee County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.4.4. For Clear Creek County, elimination of all populations is required prior to seed development in 2028 for all land outside an area demarcated as the northern and eastern Clear Creek County line, and the entirety of T3S to T4S R73W, and T4S to T5S R72W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands 4.8.4.5. For Custer County, elimination of all populations is required prior to seed demarcated as T24S R27W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the specified state 4.8.4.6. For Dolores County, elimination of all populations is required prior to seed demarcated as T39N R14W to the southern Dolores County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described 4.8.4.7. For Douglas County, elimination of all populations is required prior to seed demarcated as T7S to T10S R66W and T9S to T10S R65W to the eastern Douglas County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the specified state 4.8.4.8. For Elbert County, elimination of all populations is required prior to seed demarcated as T9S to T10S R65W to the western Elbert County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described 4.8.4.9. For El Paso County, elimination of all populations is required prior to seed demarcated as T11S R65W to R66W, T12S R65W to R67W, T13S R64W to R67W, T14S R66W to R67W, and T15S R65W to T66W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, 4.8.4.10. For Fremont County, elimination of all populations is required prior to demarcated as T48N to T49N R9E to the western Fremont County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described 4.8.4.11. For Garfield County, elimination of all populations is required prior to demarcated as: (Area 1) T3S R92W to R93W; (Area 2) T8S R92W to R95W to the southern Garfield County line; and (Area 3) T7S R99W to R101W and T8S R99W to R100W to the southern Garfield County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, 4.8.4.12. For Gilpin County, elimination of all populations is required prior to seed demarcated as T1S R72W to R73W, T2S R72W to R73W, and T3S R72W to R73W to the northern, southern, and eastern Gilpin County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described 4.8.4.13. For Hinsdale County, elimination of all populations is required prior to demarcated as T37N R3W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the specified state 4.8.4.14. For Jackson County, elimination of all populations is required prior to demarcated as T11N to T12N R82W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the 4.8.4.15. For Jefferson County, elimination of all populations is required prior to demarcated as T4S R70W to T8S R70W to the southwestern Jefferson County line; T4S R71W to T7S R71W; and T4S to T7S R72W to the western Jefferson County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands 4.8.4.16. For La Plata County, elimination of all populations is required prior to demarcated as: (Area 1) to the north by the northern boundary of T36N R11W; to the west by the western La Plata County line and the western boundary of T33N R13W; to the south by the southern boundary of T33N R12W to R13W; and to the east by the eastern boundary of T33N to T34N R12W and T34N to T36N R11; and (Area 2) T34N to T37N R6W to the eastern La Plata County line.

Except as otherwise specified in Part 4.6 and 4.7, for all land within the area 4.8.4.17. For Larimer County, elimination of all populations is required prior to demarcated to the north by the northern boundary of T11N R70W to R73W; to the west by the western boundary of T4N to T5N R73W, T6N to T7N R72W, and T8N to T11N R73W; to the south by the southern Larimer County line and the southern boundary of T5N R70W, T7N R69W, and T9N R68W; and to the east by the eastern boundary of T4N R71W, T5N to T6N R70W, T7N to T8N R69W, T9N R68W, and T10N to T11N R70W. Except as otherwise specified in Part 4.6 to 4.7, for all land within the area described above, suppression is the specified 4.8.4.18. For Mesa County, elimination of all populations is required prior to seed demarcated as: (Area 1) T8S R99W to R100W to the northern Mesa County line;

(Area 2) T50N R14W to R16W and T49N R15W to R16W to the southern and eastern Mesa County line; and (Area 3) T8S R92W to R95W up to the northern Mesa County line, T9S R92W to R93W, and T10S R92W to R93W. Except as otherwise specified in Part 4.6 to 4.7, for all land within the area described above, suppression is the specific state management objective. 4.8.4.19. For Mineral County, elimination of all populations is required prior to demarcated as T37N R2W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described above, suppression is the specific state 4.8.4.20. For Montrose County, elimination of all populations is required prior to demarcated to the north by the northern boundary of T49N R14W to R16W to the northern Montrose County line; and the entirety of T48N R13W to R14W, T47N R10W to R14W to the Montrose County line, and T46N R12W to R13W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described above, suppression is the specific state management objective. 4.8.4.21. For Ouray County, elimination of all populations is required prior to seed demarcated as T47N R10W to R11W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described above, suppression is the specific 4.8.4.22. For Park County, elimination of all populations is required prior to seed demarcated as T13S R77W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described above, suppression is the specific state 4.8.4.23. For Pitkin County, elimination of all populations is required prior to seed demarcated as T9S to T10S R88W and T10S R89W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described above, suppression is the specific state management objective. 4.8.4.24. For Rio Blanco County, elimination of all populations is required prior to demarcated as T1N R89W to R91W, T1S R90W to R92W, and T2S R90W to R93W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described above, suppression is the specific state management objective. 4.8.4.25. For Routt County, elimination of all populations is required prior to seed demarcated as T10N to T12N R86W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described above, suppression is the specific 4.8.4.26. For Saguache County, elimination of all populations is required prior to demarcated as T48N R9E to R8E, T47N R9E to R8E, and T46N R9E. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above suppression is the specified state management objective. 4.8.4.27. The prescribed integrated management techniques for the elimination of 4.8.4.28. Prescribed integrated management techniques do not include the use of 4.8.4.29. Seed longevity is estimated to be at least eight years. Infested sites must be monitored for at least nine years after the populations have been eliminated 4.8.5. Salt cedar (Tamarix chinensis, and T. ramosissima). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply to any salt cedar populations: (i) in public open space areas; (ii) within 100 feet of any intermittent or perennial streams, rivers, water conveyance ditches, ponds, lakes and reservoirs, whether natural or man-made; (iii) along and within that corridor; and (iv) any contiguous populations that spread outside of that corridor. 4.8.5.1. Except as notes below, elimination of all populations is required prior to seed 4.8.5.2. For Bent County, elimination of all populations is required prior to seed one mile of the Arkansas River on both sides from the western Bent County line to the eastern Bent County Line and within one mile of the Purgatoire River both sides from the western Bent County line to the confluence of the Arkansas River.

Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area 4.8.5.3. For Crowley County, elimination of all populations is required prior to seed one mile of the Arkansas River to the southern Crowley County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described 4.8.5.4. For Delta County, elimination of all populations is required prior to seed demarcated as T15S R94W to R95W, T15S R96W to R97W, and T4S R3E to T14S R98W up to one half of a mile on the south side of the Gunnison River and within one half of a mile of the Uncompahgre River on both sides to the southern Delta County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands 4.8.5.5. For Fremont County, elimination of all populations is required prior to seed one mile of the Arkansas River on both sides from the eastern Fremont County line to the western boundary of T19S R68W. Except as otherwise specified in Parts 4.6 and 4.7 for all land within the areas described above, suppression is 4.8.5.6. For Garfield County, elimination of all populations is required prior to seed one half of a mile of the Colorado River from the eastern boundary of T5S R91W and T6S R91W to the southern Garfield County line and within one half of a mile of State Highway 13 on both sides from T5S R93W Sec 6 to the Colorado River.

Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area 4.8.5.7. For Gunnison County, elimination of all populations is required prior to seed demarcated as T49N R2W to R4W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the 4.8.5.8. For Huerfano County, elimination of all populations is required prior to seed one mile of the Huerfano River on both sides from the Huerfano County line to the western boundary of T26S R68W to T27S R68W and within one mile of the Cucharas River on both sides from the Huerfano County line to the western boundary of T28S R66W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the specified state 4.8.5.9. For Larimer County, elimination of all populations is required prior to seed demarcated by T9N R68W to R69W, the western boundary of T4N to T9N R69W, the southern boundary of T4N R68W to R69W, and the eastern boundary of T4N to T9N R68W. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the specified state 4.8.5.10. For Las Animas County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land outside an area:

(Area 1) within one mile of the Apishapa River on both sides from the Las Animas County line to the western boundary of T30S R64W; and (Area 2) within one mile of the Las Animas River on both sides from the Las Animas County line to the western boundary to T33S R64W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the 4.8.5.11. For Mesa County, elimination of all populations is required prior to seed demarcated to the north by the northern boundary of Interstate-70 from the Colorado state line to the eastern boundary of the Town of Palisade, within one half of a mile of the Colorado River both sides to the northern Mesa County line, and to the north by T3S R2E; to the south within one half of a mile of the Colorado River from the Colorado state line and the southern boundary of T1N R3W, T11S R102W, T12S R1010W and T1S R1W, and within one half of a mile of the Gunnison River on both sides to the southern Mesa County line; and to the east by the eastern boundary of T1S R1E Sec 24, 25, and 26, T2S R1E, and T3S R2E; and (Area 2) within one half of a mile of the Dolores River on both sides from the Colorado state line to the southern Mesa County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described 4.8.5.12. For Moffat County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land outside the an area:

(Area 1) within one half of a mile of the Little Snake River on both sides from the Colorado state line to the junction of the Yampa River; T9N R98W Sec 33 to 35 and T8N R98W Sec 2, 11, 14, 23, 26, 35, and 36; within a one half of a mile of the Yampa River on both sides from the eastern boundary of T6N R95W Sec 2 and 11 west to Deerlodge Trailhead at the terminus of State Highway 40M; T8N R96W Sec 26, 27, 34, and 35 and T7N R96W Sec 2, 3, 10, and 11; and (Area 2)

T6N R92W to R93W and T5N R92W to R93. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is 4.8.5.13. For Montezuma County, elimination of all populations is required prior to demarcated by the northern boundary of T36N R14W to R15W, T37N R16W to R20W, the western Colorado state line, the southern boundary of T35N R14W to R20W, and the eastern boundary of T35N to T36N R14W and T37N R16W.

Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas 4.8.5.14. For Montrose County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land outside an area:

(Area 1) within one half of a mile of the Dolores River on both sides from the northern Montrose County line to the southern Montrose County line and within one half of a mile of the San Miguel River from the confluence with the Dolores River to the eastern and southern boundary of T48N R17W Sec 4; and (Area 2) within one half of a mile of the Uncompahgre River on both sides from the northern Montrose County line to the southern boundary of T49N R9W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described 4.8.5.15. For Otero County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land outside an area: (Area 1) within one mile of the Arkansas River on both sides from the western and northern Crowley County line to the eastern Crowley County line and up to the northern Crowley County line and within one mile of the Apishapa River on both sides from the confluence with the Arkansas River to the western Crowley County line; and (Area 2) within one mile of the Purgatoire River on both sides from the eastern Otero County line to the southern Otero County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described 4.8.5.16. For Prowers County, elimination of all populations is required prior to within one mile of the Arkansas River on both sides from the western Prowers County line to the Colorado state line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the state 4.8.5.17. For Pueblo County, elimination of all populations is required prior to seed one mile of the Arkansas River on both sides from the western Pueblo County line to the eastern Pueblo County line; within one mile of the Saint Charles River on both sides from the confluence with the Arkansas River to the western boundary of T23S R66W; within one mile of the Huerfano River on both sides from the confluence of the Arkansas River to the southern Pueblo County boundary; and within one mile of the Cucharas River on both sides from the confluence of the Huerfano River to the southern Pueblo County line. Except as otherwise specified in Parts 4.6 and 4.7, for all lands within the area described above, suppression is the state management objective. 4.8.5.18. For San Miguel County, elimination of all populations is required prior to within one mile of the Dolores River from the northern San Miguel County line to the confluence with Spring Creek; and within one half of a mile of Spring Creek on both sides from the confluence with the Dolores River to the eastern boundary of T43N R16W Sec 26 and 35. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the specified 4.8.5.19. The prescribed integrated management techniques for the elimination of Commissioner and hand-pulling, digging, sawing, or other mechanical techniques 4.8.5.20. Prescribed integrated management techniques do not include the use of 4.8.5.21. Seed longevity is less than one year. Infested sites must be monitored for at least one year after the populations have been eliminated and treatments must be repeated when necessary to prevent stump and root re-sprouting. 4.8.6. Black henbane (Hyoscyamus niger). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for black henbane: 4.8.6.1. Except as noted below, elimination of all populations is required prior to seed 4.8.6.2. For Saguache County, elimination of all populations is required prior to seed development in 2030 and each year thereafter for all land outside an area to the north and west by the Rio Grande National Forest System boundary, to the south by the southern boundary of T44N R5E to R7E, and to the east by the eastern boundary of T44N to T45N R7E to the Rio Grande National Forest System boundary. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the specified state management 4.8.6.3. The prescribed integrated management techniques for the elimination of 4.8.6.4. Prescribed integrated management techniques do not include the use of any 4.8.6.5. Seed longevity is estimated to be at least four years. Infested sites must be monitored for at least four years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and 4.8.7. Diffuse knapweed (Centaurea diffusa). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for diffuse knapweed: 4.8.7.1. Except as noted above, elimination of all populations is required prior to seed 4.8.7.2. For Archuleta County, elimination of all populations is required prior to seed demarcated by the northern Archuleta County line, the western boundary of T35N to T36N R2W and T33N to T34N R2W, the southern boundary of T33N R1E to R2W, and the eastern boundary of T33N R1E, T34N to T36N R1W, and T37N R1E. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.7.3. For Boulder County, elimination of all populations is required prior to seed demarcated by the northern, eastern, and southern Boulder County line and the western boundary of T1S R73W to T3N R73W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.7.4. For Clear Creek County, elimination of all populations is required prior to seed demarcated by the northern and eastern Clear Creek County line, the southern boundary of T5S R72W and T4S R73W to R74W, and the western boundary of T3S to T4S R74W. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.7.5. For Custer County, elimination of all populations is required prior to seed demarcated by the northern Custer County line, the western and southern boundaries of T46N R12E, T22S R73W, and T23S to T24S R72W, and the eastern boundary of T21S to T24S R72W. Except as otherwise specified in Parts 4.8.7.6. For Douglas County, elimination of all populations is required prior to seed demarcated by the northern boundary of T8S R65W and the northern Douglas County line, the western Douglas County line to the southern boundary of T9S R70W, the southern boundary of T9S R69W to R70W and the southern Douglas County line, and the eastern Douglas County line and the eastern boundary of T6S to T7S R66W. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.7.7. For Eagle County, elimination of all populations is required prior to seed demarcated as T4S R82W to R83W and T5S R79W to R84W to the eastern Eagle County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.7.8. For El Paso County, elimination of all populations is required prior to seed demarcated as: (Area 1) to the north by the northern boundary of T11S R62W to R68W; to the west by the western boundary of T11S to T13S R68W, T14S R67W, T15S R66W, and T16S to T17S R65W; to the south by the southern boundary of T13S R68W, T14S R67W, T15S R66W, T17S R65W, and T12S R62W to R64W; and to the east by the eastern boundary of T11S to T12S R62W and T13S to T17S R65W; and (Area 2) the entirety of T17S R67W. Except as 4.8.7.9 For Elbert County, elimination of all populations is required prior to seed demarcated as the entirety of T8S R63W to R64W and T8S to T10S R65W to the western Elbert County line. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.7.10. For Fremont County, elimination of all populations is required prior to boundaries of an area demarcated as T17S R68W, T18S R68W to R73W, T19S R68W to R73W, T20S R70W to R73W, and T47N to T48N R12E. Except as 4.8.7.11. For Garfield County, elimination of all populations is required prior to demarcated as T4S R90W to R91W, T5S R90W to R92W, T6S R92W to R94W, T7S R94W to R96W, T8S R95W to R100W to the southern Garfield County line, T5S R100W to R102W, T6S R101W to R102W, and T7S R101W. Except as 4.8.7.12. For in Huerfano County, elimination of all populations is required prior to demarcated as: (Area 1) T25S R66W to R67W to the northern Huerfano County line; and (Area 2) T28S R66W to R69W, T29S R65W to R69W, and T30S R68W to R69W to the Huerfano County. Except as otherwise specified in Parts 4.6 and 4.8.7.13. For Jefferson County, elimination of all populations is required prior to demarcated by the eastern, northern, and western Jefferson County line to the western boundary of T8S to T9S R71W and the southern boundary of T9S R71W to T9S R70W. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.7.14. For La Plata County, elimination of all populations is required prior to demarcated as: (Area 1) T36N to T37N R9W; and (Area 2) T35N R10W to R11W, T34N R11W, T34N R11W to R12W, T33N R12W, and T32N R13W.

Except as otherwise specified in Parts 4.6 to 4.7, for all land within the area 4.8.7.15. For Larimer County, elimination of all populations is required prior to demarcated as T12N R70W to R71W to the northern Larimer County line, T11N R70W to R71W, T10N R70W to R71W, T9N R68W to R73W, T8N R70W to R73W, T7N R69W to R71W, T6N R69W to R72W, T5N R69W to R73W, and T4N R69W to R73W. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.7.16. For Las Animas County, elimination of all populations is required prior to demarcated as T29S R65W to the western Las Animas County line. Except as 4.8.7.17. For Mesa County, elimination of all populations is required prior to seed demarcated as T8S R95W to R101W to the northern Mesa County line, T9S R95W to R98W, and T10S R95W to R97W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.7.18. For Mineral County, elimination of all populations is required prior to demarcated as T37N R1E to R1W to the southern Mineral County line. Except as 4.8.7.19. For Moffat County, elimination of all populations is required prior to seed demarcated as T3N R92W to the southern Moffat County line. Except as otherwise specified in parts 4.6 and 4.7, for all land within the area Described Above, suppression is the specified state management objective. 4.8.7.20. For Montrose County, elimination of all populations is required prior to demarcated as T47N R16W to R17W, T46N R14W to R17W, and T45N R12W to R14W to the southern Montrose County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.7.21. For Pueblo County, elimination of all populations must be completed an area demarcated as T24S R66W to R67W and T25S R6W to R67W to the southern Pueblo County line. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.7.22. For Rio Blanco County, elimination of all populations must be completed an area demarcated as T2N to T3N R91W to the northern Rio Blanco County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.7.23. For San Miguel County, elimination of all populations must be completed an area demarcated as T45N R12W to R14W to the northern San Miguel County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.7.24. For Summit County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land demarcated as:

(Area 1) T2S R79W to R80W to the northern and eastern Summit County line; and (Area 2) T5S R77W to R79W to the western Summit County line. Except as 4.8.7.25. The prescribed integrated management techniques for the elimination of 4.8.7.26. Prescribed integrated management techniques do not include the use of 4.8.7.27. Seed longevity is unknown. Infested sites must be monitored for at least 4.8.8. Oxeye daisy (Leucanthemum vulgare). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for oxeye daisy: 4.8.8.1. Except as noted below, elimination of all populations is required prior to 4.8.8.2. For Archuleta County, elimination of all populations is required prior to demarcated as: (Area 1) T35N to T36N R5W to the western Archuleta County line; and (Area 2) T36N R1W to R2W, T3N R1E to R2W, and T34N R1W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.8.3. For Delta County, elimination of all populations is required prior to seed demarcated by the northern and eastern Delta County line, Longitude 108◦W, and Latitude 39°N. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.8.4. For Dolores County, elimination of all populations is required prior to seed development in 2030 and each year thereafter for all land outside an area within one half of a mile of the West Dolores River on both sides from the intersection of County Roads 145 and 535 and northeast to the intersection of County Road 52/FSR 611. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.8.5 For Eagle County, elimination of all populations is required prior to seed demarcated as: (Area 1) T2S R81W to the eastern Eagle County line; and (Area 2) from the eastern Eagle County line, T4S R79W, T5S R79W to R82W, T6S R79W to R84W, and T7S R79W to T81W. Except as otherwise specified in Parts 4.8.8.6. For Garfield County, elimination of all populations is required prior to seed demarcated as T7S R89W. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.8.7. For Gilpin County, elimination of all populations is required prior to seed demarcated as T1S R27W to R73W to the northern Gilpin County line. Except as 4.8.8.8. For Grand County, elimination of all populations is required prior to seed development in 2030 and each year thereafter for all land outside the areas demarcated by: (Area 1) T3N R82W Sec 5, 8, and 17; (Area 2) T1S R75W to R76W and T2S R75W to R79W to the western Grand County line; and (Area 3)

T3N R76W to R 77W and T4N R76W to R77W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.8.9. For Gunnison County, elimination of all populations is required prior to seed development in 2030 and each year thereafter for all land outside the areas demarcated as T11S R88W to R89W and T10S R89W to the northern Gunnison County. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.8.10. For Hinsdale County, elimination of all populations is required prior to demarcated to the north by the northern boundary of T38N R3W to R4W and T37N R6W and to the west, south, and east by the western, southern, and eastern Hinsdale County line. Except as otherwise specified in Parts 4.6 to 4.7, 4.8.8.11. For La Plata County, elimination of all populations is required prior to seed development in 2030 and each year thereafter for all land outside areas demarcated by: (Area 1) T37N R6W to R7W, T36N R6W to R7W, and T35N R6W to the eastern La Plata County line; and (Area 2) T38N R8W to R9W and T39N R8W to R9W to the northern La Plata County line. Except as otherwise 4.8.8.12. For Mesa County, elimination of all populations is required prior to seed demarcated as T8S R91W, T9S R91W to R92W, T10S R91W to R94W, and T11S R91W to R95W to the southern Mesa County line. Except as otherwise 4.8.8.13. For Mineral County, elimination of all populations is required prior to demarcated by T37N R1E. Except as otherwise specified in Parts 4.6 and 4.7, for 4.8.8.14. For Montezuma County, elimination of all populations is required prior to seed development in 2030 and each year thereafter for all land outside an area:

(Area 1) within one-half of a mile of the West Dolores River on both sides from the northern Montezuma County line to the intersection with Highway 145; and (Area 2) T38N R13E Sec 31 and 32. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.8.15. For Montrose County, elimination of all populations is required prior to demarcated as: (Area 1) T49N R14W Sec 19 to 23, 26 to 30, and 31 to 35 to the northern Montrose County line and T48N R14W Sec 4 and 9; and (Area 2) T49N R13W Sec 23, 26, and 34 and 35 and T48N R13W Sec 4. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, 4.8.8.16. For Pitkin County, elimination of all populations is required prior to seed demarcated as: (Area 1) T10S R84W Sec 4 to 6, 7 to 9, 16 to 18, 19 to 21, 28 to 30, and 31 to 33; T10S R85W; T10S R86W Sec 1 to 2, 11 to 12, 13 to 14, 23 to 24, 25 to 26, and 35 to 36; and T11S R85W; and (Area 2) T10S R88W to R89W and T11S R88W and T11S R89W to the southern and western Pitkin County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the specified state management 4.8.8.17. For San Juan County, eliminations of all populations is required prior to demarcated as T40N R8W to R9W to the western San Juan County line and T39N R8W to R9W to the southern San Juan County line. Except as otherwise specified in Parts 4.6 to 4.7, for all land within the areas described above, 4.8.8.18. For San Miguel County, elimination of all populations is required prior to demarcated as T42N. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the specified state 4.8.8.19. For Summit County, elimination of all populations is required prior to demarcated by: (Area 1) the eastern, northern, and western Summit County line to the southern boundary of T2S R78W to R81W; and (Area 2) T4S R78W to R79W, T5S R77W to R79W, T6S R78W to R79W, and T7S R78W to R79W to the western Summit County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the specified 4.8.8.20. The prescribed integrated management techniques for the elimination of 4.8.8.21. Prescribed integrated management techniques do not include the use of 4.8.8.22. Seed longevity is estimated to be at least thirty-eight years. Infested sites must be monitored for at least thirty-nine years after the populations have been 4.8.9. Yellow toadflax (Linaria vulgaris) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x dalmatica). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for yellow toadflax and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x dalmatica): 4.8.9.1. Except as noted below, elimination of all populations is required prior to seed development in 2032 and each year thereafter in all Colorado counties. 4.8.9.2. For Archuleta County, elimination of all populations is required prior to seed of an area demarcated by Longitude 107°07’76”W on the west, the border of Archuleta County on the north, and US Highway 160 on the east and south. 4.8.9.3. For Clear Creek County, elimination of all populations is required prior to seed of an area demarcated by the northern, eastern, and southern borders of Clear Creek County and Longitude 105°32’24.7”W on the west. Except as otherwise 4.8.9.4. For Denver County, elimination of all populations is required prior to seed of an area demarcated by the northern, western, and southern borders of Denver County and Peña Boulevard and East 56th Avenue on the east. Except as 4.8.9.5. For El Paso County, elimination of all populations is required prior to seed of an area demarcated by the western and northern borders of El Paso County, Ramah Highway on the east, and Judge Orr Road, Eastonville Road, Woodmen Road, Marksheffel Road, Link Road, Old Pueblo Road, Latitude 38°36’10.3”N, eastern border of Fort Carson, and Latitude 38°45’54”N on the south. Except as 4.8.9.6. For Elbert County, elimination of all populations is required prior to seed of an area demarcated by (Area 1) the western and southern borders of Elbert County, West Bijou Creek on the east, and State Highway 86 the north, and (Area 2) Comanche Creek Road on the west, Latitude 39°29’57.6”N on the north, Longitude 104°11’20.6”W on the east, Latitude 39°22’33.5”N on the south. 4.8.9.7. For Garfield County, elimination of all populations is required prior to seed of an area demarcated by (Area 1) the northern and eastern borders of Garfield County, Latitude 39°44’5.5”N, Main Elk Creek, and Elk Creek on the east, Interstate 70 on the south, and State Highway 13 and the western border of Garfield County on the west, and (Area 2) Interstate 70, Longitude 107°15’5”W, and Latitude 39°29’59”N on the north, the eastern and southern borders of Garfield County, and Longitude 107°22’55”W on the west. Except as otherwise 4.8.9.8. For Gilpin County, elimination of all populations is required prior to seed of an area demarcated by Longitude 105°32’24.7”W on the west and the borders of Gilpin County on the north, east, and south. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.9.9. For Gunnison County, elimination of all populations is required prior to seed development in 2032 and each year thereafter for all land beyond 1.5 miles from the center of State Highway 135 and Gothic Road (County Road 317) between the intersection of State Highway 135 and County Road 742, and the intersection of Gothic Road (County Road 317) and the East River. Except as otherwise 4.8.9.10. For La Plata County, elimination of all populations is required prior to boundaries of an area demarcated by Latitude 37°28’11.9”N on the north, Longitude 107°46’41”W and County Road 234, State Highway 172 on the east, Latitude 37°11’48.7”N, County Road 141, State Highway 140, and County Road 100 on the south, and County Road 105, US Highway 160, and the western border of La Plata County on the west. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.9.11. For Mineral County, elimination of all populations is required prior to boundaries of an area demarcated by the border of Mineral County on the west, Latitude 37°28’35.8”N on the north, US Highway 160 on the east, and the border of Mineral County on the south. Except as otherwise specified in Parts 4.6 and 4.8.9.12. For Park County, elimination of all populations is required prior to seed of an area demarcated by Longitude 105°32’24.7”W on the west, the borders of Park County on the north and east, and Latitude 38°45’54”N on the south. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.9.13. For Rio Blanco County, elimination of all populations is required prior to borders of Rio Blanco County, and State Highway 13 on the east. Except as 4.8.9.14. For Rio Grande County, elimination of all populations is required prior to boundaries of an area demarcated by the eastern border of Rio Grande County, County Road 8S, State Highway 15, US Highway 160, and Latitude 37°37’57”N on the south, the western border of Rio Grande County, and the Rio Grande River, Woman Creek, and the northern Border of Rio Grande County on the north. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.9.15. For Teller County, elimination of all populations is required prior to seed of an area demarcated by the borders of Teller County on the west, north, and east, and Latitude 38°45’54”N on the south. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.9.16. For Douglas, Eagle, Grand, Jefferson, Lake, Routt, San Juan, and Summit Counties, suppression is the state management objective for all populations, except as otherwise specified in Parts 4.6 and 4.7. 4.8.9.17. The prescribed integrated management techniques for the elimination of Commissioner and hand-pulling seedlings, or other mechanical techniques 4.8.9.18. Prescribed integrated management techniques do not include the use of 4.8.9.19. Seed longevity is estimated to be at least ten years. Infested sites must be monitored for at least ten years after the populations have been eliminated 4.8.10. Houndstongue (Cynoglossum officinale). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for houndstongue: 4.8.10.1. Except as noted below, elimination of all populations is required prior to 4.8.10.2. For Archuleta County, elimination of all populations is required prior to demarcated as: (Area 1) to the north by the northern boundary of T32N R1E to R2E, to the west by the western boundary of T32N R1E, to the south by the southern Archuleta County line, and to the east by the eastern boundary of the Oso Tunnel; (Area 2) to the north by the northern Archuleta County line; to the west by the western boundary of T36N R4W Sec 4, 9, 18, 9, 30, and 31; T36N R5W Sec 13 and 25; and T35N R4W Sec 6, 7 and 18; to the south by the southern boundary of T35N R4W Sec 13 to 18 and T36N R3W Sec 1 TO 6; and to the east by the eastern boundary of T35N R4W Sec 1, 12, and 13; T36N R4W; and T36N R3W Sec; and (AREA 3) to the north and the west by the northern and western Archuleta County line, to the south by the southern boundary of T35N R5N Sec 18 and 20, and to the east by the eastern boundary of T35N R5W Sec 5, 8, 17 and 20, and T36N R5W Sec 6, 7, 18, 20, 29 and 32. Except as otherwise 4.8.10.3. For Boulder County, elimination of all populations is required prior to demarcated to the north by the northern boundary of T1N R1W Sec 31 to 36, T1N R72W Sec 31 to 36, and T1N R73W Sec 35 to 36; to the west by the western boundary of T1N R73W Sec 35, T1S R73W Sec 2, 11, 14, 23, and 26, and T1S R72W Sec 25 and 35; to the south by to the southern Boulder County line; and to the east by the eastern boundary of T1S R71W and T1N R71W Sec 36. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area 4.8.10.4. For Custer County, elimination of all populations is required prior to seed demarcated as: (Area 1) T21S R73W and T46N R12E to the northern Custer County line; and (Area 2) T22S to T23S R69W to the eastern Custer County line. described above, Suppression is the specified state management objective. 4.8.10.5. For Delta County, elimination of all populations is required prior to seed demarcated to the east and north by the eastern and northern Delta County line; to the west by the western boundary of Longitude 108°W and the western edge of T12S to T15S R91W; and to the south by the southern boundary of Latitude 39N and the Delta County line. Except as otherwise specified in Parts 4.6 and 4.8.10.6. For Douglas County, elimination of all populations is required prior to demarcated as: (Area 1) to the north and west by the northern and western Douglas County line, to the south by the southern boundary of T6S R68W Sec 29 and 30 and T6S R69W Sec 25 and 26, and to the east by the eastern boundary of T6S R68W Sec 5, 8, 17, 20, and 29; and (Area 2) T7S R68W Sec 19 and 30 and T7S R69W Sec 24 and 25. Except as otherwise specified in Parts 4.8.10.7. For Fremont County, elimination of all populations is required prior to demarcated as T19S R73W to T48N R10E, T20S R73W to T47N R10E to the southwestern Fremont County line, and T46N R11E to R12E to the southern Fremont County line. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.10.8. For Garfield County, elimination of all populations is required prior to demarcated as: (Area 1) T5S R100W Sec 20 to 24, 26 to 27, and 34 to 35; T5S R99W Sec 19, 20, 29, 30, 31, and 32; T6S R100W Sec 1 to 12; and T6S R99W SEC 6 and 7; (Area 2) T7S R99W Sec 26 to 35; T7S R100W SEC 25 to 27 and 34 to 36; T8S R99W Sec 3 to 10; and T8S R100W Sec 1 to 4, and 9 to 12; and (Area 3) to the north by the northern boundary of T2S R87W, T2S R88W Sec 1, T1N R88W, and the northern Garfield County line; to the west by the western boundary of Longitude 108°W; and to the south and east by the southern and eastern Garfield County line. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.10.9. For Grand County, elimination of all populations is required prior to seed demarcated by: (Area 1) to the north by the boundary of T3N R81W Sec 31 and 32 and T2N R76W to R82W; to the west and south by the Grand County line; and to the east by the eastern boundary of T2N R76W, T1N R77W, and T1S to T2S R78W; and (Area 2) T5N R82W Sec 15, 22, 23, 26, 27, 33, and 34; and T4N R82W Sections 1 to 4 and 9 and. Except as otherwise specified in Parts 4.6 and 4.8.10.10. For Gunnison County, elimination of all populations is required prior to boundaries of an area demarcated by: (Area 1) to the north and west to the northern Gunnison County line, to the south by the southern boundary of T15S R89W to R90W and T13S R86W to R88W, and to the east by the eastern boundary of T12S to T13S R86W and T14S to T15S R89W; (Area 2) T47N R6W Sec 31 and 32, T46N R6W, T47N R6W, T46N R7W Sec 1, 2, 11 to 13, and 24 and 25 to the western Gunnison County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.10.11. For Hinsdale County, elimination of all populations is required prior to boundaries of an area demarcated by: (Area 1) T38N R5W Sec 12 to 14, 22, 23, 27, 33, and 34; T37N R5W Sec 4, 8, 9, 17, 18, 19, 20, 29, 30, 31, and 32; and T37N R6W Sec 13, 24, 25, and 36 to the western Hinsdale County line; and (Area 2) T37N R3W Sec 14 to 18 and 19 to 23; and T37N R4W Sec 3 to 5, 8 to 9, 13 to 17, and 20 to 24 to the southern Hinsdale County line. Except as 4.8.10.12. For Huerfano County, elimination of all populations is required prior to demarcated as T29S to T31S R68W and T29S to T31S R69W to the southern Huerfano County line. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.10.13. For Jackson County, elimination of all populations is required prior to demarcated by T5N R82W Sec 15, 22, and 23 to the southern Jackson County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.10.14. For Jefferson County, elimination of all populations is required prior to demarcated by: (Area 1) T4S R70W Sec 25 to 26; T5S R70W; and T5S R71W Sec 25, 26, 35, and 36; (Area 2) T5S R68W Sec 31 to 32; T5S R69W Sec 36;

T6S R68W Sec 5 to 8, 19, 20, 29, and 30; and T6S R69W Sec 1 to 3, 10 to 12, 13 to 15, 22 to 24, and 25 to 27; (Area 3) T7S R70W Sec 16, 21 to 23, 26, and 27; and (Area 4) T6S R70W Sec 22 to 36 and T7S R70W Sec 5 and 6. Except as 4.8.10.15. For La Plata County, elimination of all populations is required prior to demarcated as: (Area 1) T37N R11W Sec 28 and 33; T36N R11W Sec 4 to 6, 7 to 9, 16 to 18, 19 to 21, 28 to 30, and 31 to 33; T36N R12W Sec 13, 21 to 24, 25 to 29, and 31 to 36; T35N R11W Sec 4 to 6, 8, 9, 16, and 17; and T35N R12W Sec 1 to 7 and 18 to the western La Plata County line; and (Area 2) to the north by the northern boundary of T37N R6W to R7W Sec 13 to 18; T37N R8W Sec 13, 14, and 3 to 6; and the northern La Plata County line from T39N R8W Sec 19 to T39N R10W Sec 24; and T36N R10W Sections 21 to 24; to the west by the western boundary of T39N R10W Sec 13 and 24; T38N R9W; T37N R9W Sec 6 and 7, 17, 20, 29, and 32; T36N R9W Sec 5, 8, 17, 19, 30, and 31; T36N R10W Sec 21, 28, and 33; and T35N R9W Sec 6; to the south by the southern boundary of T35N R6W Sec 14 and 3 to 6; T35N R7W to R9W Sec 1 to 6; and T36N R10W Sec 33 to 36; and to the east by the eastern La Plata County line. described above, suppression is the specific state management objective. 4.8.10.16. For Larimer County, elimination of all populations is required prior to demarcated by the northern Colorado state line, the western boundary of T5N to T12N R73W, the southern boundary of T4N R69W to R73W, and the eastern boundary of T4N R69W, T5N to T8N R68W, and T9N to T12N R69W. Except as above, suppression is the specific state management objective. 4.8.10.17. For Mesa County, elimination of all populations is required prior to seed demarcated by the northern, southern, and eastern Mesa County line and the western boundary of Longitude 108°W. Except as otherwise specified in Parts 4.8.10.18. For Montezuma County, elimination of all populations is required prior to boundaries of an area demarcated by the eastern border of Moffat County, T38N R11W Sec 28 to 30 and 31 to 33; T38N R12W Sec 9 to 11, 14 to 16, 23, 25, and 26; T37N R11W Sec 4 to 9, 16 to 21, and 28 to 33; T37N R12W Sec 19 to 36;

T37N R13W Sec 23, 24, 25, 26, and 31 to 36; T36N R11W, Sec 6, 7, and 18;

T36N R12W Sec 1 to 6, 9 to 16, 19 to 21, and 29 to 32; T36N R13W, Sec 21 to 28, 35, and 36; T35N R12W Sec 6, 7, and 18; and T35N R13W Sec 1, 2, 11, 12, 13, and 14 to the eastern Montezuma County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is 4.8.10.19. For Montrose County, elimination of all populations is required prior to boundaries of an area demarcated as T46N R10W to R13W and T47N R10W to R13W to the eastern and southern Montrose County line. Except as otherwise 4.8.10.20. For Ouray County, elimination of all populations is required prior to seed development in 2030and each year thereafter for all land outside an area demarcated by: (Area 1) the northern and western Ouray County line, the southern boundary of T46N R10W Sec 35 and 36, and the eastern boundary of T46N R10W and T47N R10W to the northern Ouray County line; and (Area 2)

T44N to T46N R7W to the eastern Ouray County line and T44N R8W. Except as 4.8.10.21. For Pueblo County, elimination of all populations is required prior to seed demarcated as T22S to T23S R68W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.10.22. For Rio Blanco County, elimination of all populations is required prior to demarcated by the northern Rio Blanco County line; the western boundary of T1N to T3N R92W and T1S to T4S R94W; the southern Rio Blanco County line; and the eastern boundary of T2N R88W and T3N R87W Sec 20, 29, and 32. 4.8.10.23. For San Juan County, elimination of all populations is required prior to demarcated as T39N R8W Sec 7 and 18, T39N R9W Sec 7 to 18, and T39N R10W Sec 12 and 13 to the southern San Juan County line. Except as otherwise 4.8.10.24. For Summit County, elimination of all populations is required prior to demarcated by Longitude 106°W; the eastern, northern and western Summit County boundary; and the southern boundary of T4S R77W Sec 31 to 34, T4S R78W, and T4S R79W Sec 35. Except as otherwise specified in Parts 4.6 and 4.8.10.25. For Eagle and Pitkin Counties, suppression is the state management objective for all populations, except as otherwise specified in Parts 4.6 and 4.7. 4.8.10.26. The prescribed integrated management techniques for the elimination of 4.8.10.27. Prescribed integrated management techniques do not include the use of 4.8.10.28. Seed longevity is estimated to be at least three years. Infested sites must 4.8.11. Perennial pepperweed (Lepidium latifolium). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for perennial pepperweed: 4.8.11.1. Except as noted below, elimination of all populations is required prior to 4.8.11.2. For Adams County, elimination of all populations is required prior to seed of an area demarcated by (Area 1) the northern, western, and southern borders of Adams County, and toll road E-470, State Highway 2 (also known as Sable Boulevard and South 4th Avenue), East Bridge Street, and North Main Street on the east; and (Area 2) the northern, western, and southern borders of Adams County, and toll road E-470. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.11.3. For Boulder County, elimination of all populations is required prior to Boulder County, State Highway 93 and US Highway 36 on the west, and State Highway 66 on the north. Except as otherwise specified in Parts 4.6 and 4.7, for 4.8.11.4. For Conejos County, elimination of all populations is required prior to borders of Conejos County; and US Forest Service Road 103, State Highway 17, County Road 250, Latitude 37°14’40”N, and Longitude 106°20’22.6”W on the west. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.11.5. For Costilla County, elimination of all populations is required prior to boundaries of an area demarcated by the eastern, southern, and western borders of Costilla County; and State Highway 142, County Road P, State Highway 159, and Latitude 37°11’58.2”N on the north. Except as otherwise 4.8.11.6. For Denver County, elimination of all populations is required prior to seed of an area demarcated by the northern, western, and southern borders of Denver County and Toll Road E-470 on the east. Except as otherwise specified in Parts 4.8.11.7. For Jefferson County, elimination of all populations is required prior to boundaries of an area demarcated by the western, northern, and eastern borders of Jefferson County; and Deckers Road, County Road 126, Ouray Road, Pine Valley Road, and US Highway 285 on the south. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.11.8. For Larimer County, elimination of all populations is required prior to Larimer County, US Highway 287 on the west, County Roads 80 and 82 (Buckeye Road) on the north. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.11.9. For Mesa County, elimination of all populations is required prior to seed development in 2026 and each year thereafter for all land beyond two miles from the center of the Colorado River between the northern and western borders of Mesa County. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.11.10. For Moffat County, elimination of all populations is required prior to seed development in 2026 and each year thereafter for all land outside an area: (Area 1) within two miles from the center of the Green River between the western border of Moffat County and the confluence of the Green River and Vermillion Creek, and two miles from the center of Vermillion Creek between the intersection of Vermillion Creek and State Highway 318 and the confluence of Vermillion Creek and the Green River; and (Area 2) within one mile from the center of US Highway 40 between its intersection with County Road 64W on the west and East Victory Way on the east, and one mile from the center of State Highway 13 between its intersection with County Road 54 on the north and County Road 93 on the south. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.11.11. For Morgan County, elimination of all populations is required prior to seed development in 2026 and each year thereafter for all land beyond two miles from the center of the South Platte River between the eastern and western borders of Morgan County. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.11.12. For Ouray County, elimination of all populations is required prior to seed of an area demarcated by the eastern border of Ouray County, County Roads 8 and 10, US Highway 550, and County Road 24 on the south, County Road 1 on the west, and Latitude 37°11’58.2”N on the north. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is 4.8.11.13. For Rio Grande County, elimination of all populations is required prior to boundaries of an area demarcated by the eastern and southern borders of Rio Grande County, Longitude 106°16’28.7”W and Latitude 37°38’59”N on the south, the western border of Rio Grande County on the west, and Latitude 37°44’49.3”N and the northern border of Rio Grande County on the north. Except as otherwise specified in Parts 4.6 and 4.7, for all other land within the county, suppression is 4.8.11.14. For Saguache County, elimination of all populations is required prior to boundaries of an area demarcated by the southern border of Saguache County;

County Roads 43, E, and 42, and Longitude 106°13’53”W on the west; State Highway 114, US Highway 285, and County Road GG on the north; County Roads 65, DD, 64, and V.5, and Longitude 105°48’47”W on the east. Except as 4.8.11.15. For Weld County, elimination of all populations is required prior to seed of an area demarcated by the western and southern borders of Weld County, US Highway 85, State Highway 392, County Roads 68 on the south, and County Road 97 and Longitude 104°8’51.9”W on the east, and State Highway 14 on the north. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.11.16. For Alamosa, Eagle, Garfield, and Pueblo Counties, suppression is the state management objective for all populations, except as otherwise specified in 4.8.11.17. The prescribed integrated management techniques for the elimination of 4.8.11.18. Prescribed integrated management techniques do not include the use of 4.8.11.19. Seed longevity is unknown. Infested sites must be monitored for at least 4.8.12. Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for Dalmatian toadflax: 4.8.12.1. Except as noted below, elimination of all populations is required prior to seed development in 2032 and each year thereafter in all Colorado counties. 4.8.12.2. For Arapahoe County, elimination of all populations is required prior to boundaries of an area demarcated by the northern, western, and southern borders of Arapahoe County and toll road E-470 on the east. Except as 4.8.12.3. For Broomfield County, elimination of all populations is required prior to boundaries of an area demarcated by the western and southern borders of Broomfield County, State Highway 128 and Interlocken Loop on the east, and US Highway 36 on the north. Except as otherwise specified in Parts 4.6 and 4.7, for 4.8.12.4. For Chaffee County, elimination of all populations is required prior to boundaries of an area demarcated by: (Area 1) the Arkansas River on the east, Latitude 38°48’22.4”N and Cottonwood Pass Road on the south, Longitude 106°15’31”W on the west, and Latitude 38°52’8.3”N, County Road 356, and Latitude 38°52’2.7”N on the north; and (Area 2) beyond a mile from the center of County Road 162 between Fish Hatch Road and the intersection of Chalk Creek and County Road 162 by Chalk Lake. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.12.5. For Douglas County, elimination of all populations is required prior to boundaries of an area demarcated by the eastern, northern, and western borders of Douglas County and Latitude 39°18’15.6”N on the south. Except as otherwise 4.8.12.6. For Eagle County, elimination of all populations is required prior to seed of an area demarcated by the border of Eagle County on the west, Latitude 39°45’1”N on the north, the border of Eagle County on the east, Latitude 39°26’2”N on the south from the eastern Eagle County border to Longitude 106°26’19”W, Longitude 106°26’19”W on the west from Latitude 39°26’2”N to Latitude 39°33’39”N, and Latitude 39°33’39”N on the south from Longitude 106°26’19”W to the western border of Eagle County. Except as otherwise 4.8.12.7. For Garfield County, elimination of all populations is required prior to boundaries of an area demarcated by Latitude 39°37’30”W on the north, the eastern border of Garfield County, Latitude 39°26’7”N on the south, and Divide Creek and Longitude 107°37’16”W on the west. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.12.8. For Moffat County, elimination of all populations is required prior to seed of an area demarcated by the southern border of Moffat County; the eastern border of Moffat County and County Road 36 on the east; County Road 18, Latitude 40°37’21.5”N, and County Road 7 on the north, County Roads 17 and 51 on the west, Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.12.9. For Routt County, elimination of all populations is required prior to seed of an area demarcated by the western border of Routt County, Latitude 40°23’38.8”N on the south, County Road 27, US Highway 40, County Road 70, Longitude 107°10’7.8”W, and County Road 80 on the east, County Roads 56 and 76 on the north. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.12.10. For Weld County, elimination of all populations is required prior to seed of an area demarcated by border of Weld County on the west and north, Longitude 104°38’21.7”W on the east from the northern Weld County border to Latitude 40°53’59.7”N, Latitude 40°53’59.7”N on the south from Longitude 104°38’21.7”W to US 85, US 85 on the east from Latitude 40°53’59.7”N to County Road 100, and County Road 100 on the south from US 85 to the western Weld County border. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.12.11. For Boulder, Jefferson, and Larimer Counties, suppression is the state management objective, except as otherwise specified in Part 4.6 and 4.7. 4.8.12.12. The prescribed integrated management techniques for the elimination of Commissioner and hand-pulling seedlings or other mechanical techniques 4.8.12.13. Prescribed integrated management techniques do not include the use of 4.8.12.14. Seed longevity is estimated to be at least ten years. Infested sites must be monitored for at least eleven years after the populations have been eliminated 4.8.13. Leafy spurge (Euphorbia esula). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for leafy spurge: 4.8.13.1. Except as noted below, elimination of all populations is required prior to 4.8.13.2. For Adams County, elimination of all populations is required prior to seed demarcated by T3S R67W to R68W to the western and southern Adams County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.13.3. For Arapahoe County, elimination of all populations is required prior to demarcated as: Area 1) T5S R66W to R67W to the southern Arapahoe County line; and (Area 2) T5S R62W to R64W to the southern Arapahoe County line. 4.8.13.4. For Archuleta County, elimination of all populations is required prior to demarcated to the north by the northern Archuleta County line, to the west by the western boundary of T34N to T36N R3W, to the south by the southern boundary of T34N R1W to R3W, and to the east by the eastern boundary of T34N to T3N R1W and T36N R2W. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.13.5. For Clear Creek County, elimination of all populations is required prior to demarcated by: (Area 1) T3S R75W to the northern Clear Creek County line; and (Area 2) T3S R72W to R73W to the northern and eastern Clear Creek County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.13.6. For Custer County, elimination of all populations is required prior to seed demarcated as: (Area 1) T21S to T23S R69W to the northern and eastern Custer County line; and (Area 2) T22S to T25S R72W and T22S to T24S R73W to the southern Custer County line. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.13.7. For Denver County, elimination of all populations is required prior to seed demarcated as: (Area 1) T3S R67W to R68W to the northern and eastern Denver County line; and (Area 2) T5S R67W Sec 2 to 6, and 8 and 9 to the southern Denver County line. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.13.8. For Delta County, elimination of all populations is required prior to seed demarcated as T13S R91W to R92W and T14S R91W to R92W to the eastern Delta County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.13.9. For Dolores County, elimination of all populations is required prior to demarcated as the entirety of T39N R11W to R14W to the southern Dolores County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.13.10. For Douglas County, elimination of all populations is required prior to demarcated as: (Area 1) T6S R68W to R69W to the northern and western Douglas County line; and (Area 2) T8S R70W to the western Douglas County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.13.11. For Elbert County, elimination of all populations is required prior to seed demarcated as T6S R62W to R64W; T7S R62W to R64W; T8S R63W to R64W; and T9S R63W to R64W. Except as otherwise specified in Parts 4.6 and 4.7, for 4.8.13.12. For El Paso County, elimination of all populations is required prior to demarcated by the northern El Paso County line and T11S to T13S R67W. 4.8.13.13. For Fremont County, elimination of all populations is required prior to demarcated by the Fremont County line; T16S R72W to R73W; T17S R71W to R73W; and T18S R71W to R73W. Except as otherwise specified in Parts 4.6 and 4.8.13.14. For Gilpin County, elimination of all populations is required prior to seed demarcated as T2S to T3S R72W and T3S R73W to the southern Gilpin County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.13.15. For Gunnison County, elimination of all populations is required prior to demarcated as T13S to T14S R90W to the western Gunnison County line. 4.8.13.16. For Jefferson County, elimination of all populations is required prior to demarcated as: (Area 1) T3S R70W; (Area 2) T6S R69W to the eastern Jefferson County line; and (Area 3) T7S to T8S R70W to the eastern Jefferson County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.13.17. For Hinsdale County, elimination of all populations is required prior to demarcated as T37N R2W to R3W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.13.18. For Huerfano County, elimination of all populations is required prior to demarcated by: (Area 1) T25S R71W to R72W; and (Area 2) T27S R70W to R71W and T28S R70W to R71W to the western and southern Huerfano County line, T29S R68W to R70W to the western Huerfano County line. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described 4.8.13.19. For Larimer County, elimination of all populations is required prior to demarcated by the northern boundary of T9N R68W to R71W and T10N R72W to R73W; the western boundary of T5N to T7N R70W and T8N to T10N R73W; the southern boundary of T5N R63W to R65W, T6N R66W to R67W, T6N R68W Sec 13 to 18, T6N R69W Sec 13 to 18, T6N R70W Sec 13 and 14, and County Road 27 to the western boundary of T7N R70W Sec 30 and T8N R71W to R73W; and the eastern boundary of T5N R63W, T6N to T7N R65W, T8N R66W, T9N R68W, and T10S R72W . Except as otherwise specified in Part 4.6 and 4.7, 4.8.13.20. For Mesa County, elimination of all populations is required prior to seed demarcated as: (Area 1) T1N R1E, T1N R1W, T1S R1W, and T1S R1E; (Area 2)

T13S to T14S R100W; and (Area 3) T8S R96W and R97W to the northern Mesa County line, T9S R96W to R97W, T10S R96W to R97W, and T11S R96W to R97W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.13.21. For Mineral County, elimination of all populations is required prior to demarcated as T37N R2W. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.13.22. For Montezuma County, elimination of all populations is required prior to demarcated as T39N R11W to R14W to the northern Montezuma County line. 4.8.13.23. For Pueblo County, elimination of all populations is required prior to seed demarcated by T21S to T23S R68W to the northern and western Pueblo County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.13.24. For Rio Blanco County, elimination of all populations is required prior to boundaries of an area demarcated by T1N R89W to R92W, T1S R90W to R92W, T2S R90W to R92W. Except as otherwise specified in Parts 4.6 and 4.7for all 4.8.13.25. For Saguache County, elimination of all populations is required prior to demarcated by T24S R33W and T2S R72W to R73W to the eastern Saguache County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.13.26. For Weld County, elimination of all populations is required prior to seed demarcated by T8N R66W to R67W, T7N R65W to R67W, and T6N R65W to R67W to the western Weld County line and T5N R63W to R65W. Except as 4.8.13.27. The prescribed integrated management techniques for the elimination of Commissioner and digging or hand-pulling seedlings or other mechanical 4.8.13.28. Prescribed integrated management techniques do not include the use of 4.8.13.29. Seed longevity is estimated to be at least eight years. Infested sites must be monitored for at least eight years after the populations have been eliminated 4.8.14. Spurred anoda (Anoda cristata). Removed from List B in 2014. 4.8.15. Venice mallow (Hibiscus trionum). Removed from List B in 2014. 4.8.16. Hoary cress (Lepidium draba). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for hoary cress: 4.8.16.1. Except as noted below, elimination of all populations is required prior to 4.8.16.2. For Adams County, elimination of all populations is required prior to seed development in 2026 and each year thereafter for all land an area demarcated by the northern, western, and southern borders of Adams County to the eastern boundary of T1S R66W and T2s to T3s R67W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.16.3. For Alamosa County, elimination of all populations is required prior to demarcated by the northern, western and southern borders of Alamosa County to the eastern boundary of T36N to T38N R11E and T39N to 40N R10E. Except as 4.8.16.4. For Arapahoe County, elimination of all populations is required prior to demarcated by the northern, western, and southern Arapahoe County line to the eastern boundary of T4S to T5S R67W. Except as otherwise specified in Parts 4.8.16.5. For Archuleta County, elimination of all populations is required prior to boundaries of an area demarcated as T37N R2W, T36N R2W to R4W, T35N R1W to R5W, T34N R1E to R4W, T33N R1E to R1W, and T32N R1E. Except as 4.8.16.6. For Boulder County, elimination of all populations is required prior to demarcated by the northern, eastern and southern borders of Boulder County to the western boundary of T1S to T1N R69W and T2N to T3N R70W. Except as 4.8.16.7. For Chaffee County, elimination of all populations is required prior to demarcated as T48N to T51N R8E and T50N to T51N R7E. Except as otherwise 4.8.16.8. For Cheyenne County, elimination of all populations is required prior to demarcated as: (Area 1) T13S to T14S R51W; and (Area 2) T13S to T15S R48W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.16.9. For Conejos County, elimination of all populations is required prior to boundaries of an area demarcated by T36N R7E to R11E to the northern Conejos County line, T35N R7E to R11E, T34N R8E to R10E, and T33N R8E to R10E. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.16.10. For Custer County, elimination of all populations is required prior to seed of an area demarcated by the entirety of T22S R72W to R73W. Except as 4.8.16.11. For Delta County, elimination of all populations is required prior to seed demarcated as T13S R91W to R96W and T14S R91W to R87W to the northwestern Delta County line, T4S R3E, T15S R91W to R97W, and T51N R6W to R12W to the southern Delta County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.16.12. For Denver County, elimination of all populations is required prior to seed demarcated by the northern, western, and southern Denver County line to the eastern boundary of T3S R67W. Except as otherwise specified in Parts 4.6 and 4.8.16.13. For Dolores County, elimination of all populations is required prior to demarcated as T39N R15W to R17W to the southern Dolores County line. 4.8.16.14. For Douglas County, elimination of all populations is required prior to demarcated to the north and west by the northern and western Douglas County line, to the south by the southern boundary of T7S R67W to R69W, and to the east by the eastern boundary of T6S to T7S R67W. Except as otherwise 4.8.16.15. For Eagle County, elimination of all populations is required prior to seed of an area demarcated as T5S R84W to R85W and T6S R84W to R86W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.16.16. For El Paso County, elimination of all populations is required prior to boundaries of an area demarcated as T12S to T14S R67W, T12S to T16S R66W, and T15S to T16S R65W. Except as otherwise specified in Parts 4.6 and 4.8.16.17. For Fremont County, elimination of all populations is required prior to seed development in2026 and each year thereafter for all land outside the boundaries of an area demarcated by T18S R68W to R70W and T19S R68W to R70W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.16.18. For Garfield County, elimination of all populations is required prior to demarcated as: (Area 1) T7S R91W to R94W and T8S R91W to R94W to the southern Eagle County line; and (Area 2) to the north by the northern boundary of T5S R100W to R104W; to the west by the western Colorado state line; to the south by the southern Garfield County line; and to the east by the eastern boundary of T5S R100W, T6S R99W, T7S R98W, and T8S R98W. Except as 4.8.16.19. For Gunnison County, elimination of all populations is required prior to demarcated as: (Area 1) T10S R90W Sec 32 to 34; T11S R90 Sec 1 to 5; and T11S R89W Sec 4 to 6 and 9 and 16; and (Area 2) T13S to T15S R89W; T50N R4W; T48N to T50N R5W; T13S to T15S R90W; and T48N to T51N R5W to the western Gunnison County line. Except as otherwise specified in Parts 4.6 and 4.8.16.20. For Huerfano County, elimination of all populations is required prior to demarcated as: (Area 1) T27S R70W; (Area 2) T25S to T28S R66W and T25S to T28S R67W to the northern Huerfano County line; and (Area 3) T29S R68W to R69W and T30S R68W to R69W to the western Huerfano County line. Except as 4.8.16.21. For Jefferson County, elimination of all populations is required prior to demarcated by the northern, eastern, and southeastern Jefferson County line to the western boundary of T2S to T7S R69W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.16.22. For Kit Carson County, elimination of all populations is required prior to demarcated as: (Area 1) T95S R47W to R49W; and (Area 2) T5S to T8S R43W and T5S R44W to the northern Kit Carson County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area demarcated above, 4.8.16.23. For La Plata County, elimination of all populations is required prior to demarcated as: (Area 1) T36N to T37N R6W to the eastern La Plata County line; and (Area 2) T35N R69W to R10W, T34N R8W to R9W, T34N R7W to R8W, and T33N R7W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area demarcated above, suppression is the specified state management 4.8.16.24. For Larimer County, elimination of all populations is required prior to demarcated as T9N to T10N R73W; T8N to T9N R72W; T8N to T9N R71W; T4N to T9N R70W; T4N to T9N R69W; and T5N to T9N R68W to the eastern Larimer County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.16.25. For Lincoln County, elimination of all populations is required prior to seed development in2026 and each year thereafter for all land outside the boundaries of an area demarcated as T14S R52W to R54W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is 4.8.16.26. For Logan County, elimination of all populations is required prior to seed demarcated as T11N R48W and T10N R48W to R50W to the eastern borders of Logan County, T9N R49W to R52W, T8N R49W to R51W, and T7N R51W. 4.8.16.27. For Mesa County, elimination of all populations is required prior to seed development in 2026 and each year thereafter for all land outside of an area demarcated by: (Area 1) T8S R91W to R94W to the northern Mesa County line and T9S R91W to R94W; (Area 2) T8S R98W to R104W to the northern Mesa County line; (Area 3) T2N R2W to R3W and T1N R2W to R3W; and (Area 4)

T10S R96W to R98W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the state management 4.8.16.28. For Moffat County, elimination of all populations is required prior to seed of an area demarcated as T7N R90W to R95W, T6N R90W to R95W, T5N R89W to R95W, and T4N R93W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the state management 4.8.16.29. For Montezuma County, elimination of all populations is required prior to demarcated to the north by the northern boundary of T36N R12W to T36N R13W and the northern Montezuma County line; to the west by the western boundary of T34N to T39N R14W; to the south by the southern boundary of T34N R13W to R17W; and to the east by the eastern boundary of T35N R13W and T36N R12W to the eastern Montezuma County line and T37 to T39N R14W. Except as 4.8.16.30. For Montrose County, elimination of all populations is required prior to demarcated as: (Area 1) to the east and north by the eastern and northern Montrose County line; to the west by the western boundary of T46N R8W, T47N to T48N R10W, T49N R11W, and T50N to T51N R12; to the south by the southern boundary of T48N R6W to R7W and the southern Montrose County line; and (Aread2) T46N R12W to R18W and T45N R12W to R15W to the southern Montrose County line. Except as otherwise specified in Parts 4.6 and 4.8.16.31. For Ouray County, elimination of all populations is required prior to seed development in 20236 and each year thereafter for all land outside an area demarcated by T47N R8W to R10W to the northern Ouray County line and T46N R8W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.16.32. For Pueblo County, elimination of all populations is required prior to seed demarcated by T24S R67W and T2S R66W to R67W to the southern Pueblo County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.16.33. For Rio Grande County, elimination of all populations is required prior to demarcated by the northern and eastern borders of Rio Grande County to the western boundary of T40N R4E, T39N R6E, and T37N to T38N R7E. Except as 4.8.16.34. For Routt County, elimination of all populations is required prior to seed demarcated asT7N R84W to R85W and T6N R84W to R85W. Except as otherwise specified in Part 4.6 and 4.7, for all land within the area described 4.8.16.35. For Saguache County, elimination of all populations is required prior to demarcated by: (Area 1) T47N R9E and T47N to T48N R8E to the northern Saguache County line; and (Area 2) T4N R6E to R10E, T44N R6E to R10E, T43N R6E to R10E, T42N R5E to R9E, and T41N R5E to R9E to the southern border of Saguache County. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.16.36. For San Miguel County, elimination of all populations is required prior to seed development in 2026 and each year thereafter for all land an area demarcated by T45N R12W to R15W to the northern San Miguel County line, T44N R12W to R15W, and T43N R12W to R15W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is 4.8.16.37. For Sedgwick County, elimination of all populations is required prior to demarcated as T11N R46W to R47W to the western the western borders of Sedgwick County. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.16.38. For Weld County, elimination of all populations is required prior to seed demarcated by: (Area 1) T6N to T7N R67W to the western Weld County line and T6N R66W; and (Area 2) T1N R66W, T1N to T4N R67W, and T1N to T4N R68W to the western and southern borders of Weld County. Except as otherwise 4.8.16.39. For Yuma County, elimination of all populations is required prior to seed demarcated as T1N to T5S R43W and T1N to T5S R44W to the southern Yuma County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.16.40. For Broomfield County, suppression is the specified state management objective for all populations, except as otherwise specified in Part 4.6 and 4.7. 4.8.16.41. The prescribed integrated management techniques for the elimination of Commissioner and hand-pulling seedlings or other mechanical techniques 4.8.16.42. Prescribed integrated management techniques do not include the use of 4.8.16.43. Seed longevity is estimated to be at least three years. Infested sites must be monitored for at least three years after the populations have been eliminated 4.8.17. Russian knapweed (Rhaponticum repens). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for Russian knapweed: 4.8.17.1. Except as noted below, elimination of all populations is required prior to 4.8.17.2. For Adams County, elimination of all populations is required prior to seed of an area demarcated by the southern border of Adams County and US Highway 36 on the south, Imboden Road on the east, East 152nd Avenue on the north, and Interstate 76, State Highway 2, US Highway 6, and Interstate 270 on the east. Except as otherwise specified Parts 4.6 and 4.7, for all land within the 4.8.17.3. For Chaffee County, elimination of all populations is required prior to 3eed development in 2028 and each year thereafter for all land outside the boundaries of an area demarcated by State Highway 291 on the east, US Highway 285 on the west, Latitude 38°30’7.5”N on the south. Except as 4.8.17.4. For Conejos County, elimination of all populations is required prior to borders of Conejos County, and Longitude 106°12’45.3”W, Romero Canyon, County Road 232A, and Longitude 106°15’45.5”W on the west. Except as 4.8.17.5. For Elbert County, elimination of all populations is required prior to seed of an area demarcated by the northern, western, and southern borders of Elbert County, and Elbert Road, State Highway 86, and Kiowa-Bennett Road on the east. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.17.6. For Fremont County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land beyond (Area 1) two miles from the center of US Highway 50 between Spike Buck Gulch and the eastern border of Fremont County, and (Area 2) two miles from the center of State Highway 115 between the western border of Fort Carson and US Highway 50. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area 4.8.17.7. For La Plata County, elimination of all populations is required prior to boundaries of an area demarcated by the eastern, western, and southern borders of La Plata County, and the southern border of the San Juan National Forest. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.17.8. For Larimer County, elimination of all populations is required prior to Larimer County, US Highway 287 on the west, County Roads 80 and 82 (Buckeye Road) on the north. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.17.9. For Las Animas County, elimination of all populations is required prior to boundaries of an area demarcated by (Area 1) Longitude 104°34’43.5”W on the west, Latitude 37°7’24.1”N on the south, County Roads 85.5, 22, 81.5, US Highway 350, 81.6, and 81 on the east, and County Roads 36 and 75.1, Leitensdorfer Arroyo, and Latitude 37°15’10.5”N on the north; and (Area 2)

County Road 64 and Latitude 37°27’11.2”N on the north, Longitude 104°3’59.7”W on the east, County Roads 38, 107, 40, 40.9, and 75.1 on the south, and County Roads 83.3, 42, 42.5, 87, 52, 52.9, and 91 on the west. 4.8.17.10. For Ouray County, elimination of all populations is required prior to seed of an area demarcated by the northern border of Ouray County, US Highway 550 on the east, State Highway 62 on the south, and Longitude 107° 52’31”W on the west. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.17.11. For Rio Grande County, elimination of all populations is required prior to boundaries of an area demarcated by the eastern and southern borders of Rio Grande County, Longitude 106°16’28.7”W and Latitude 37°38’59”N on the south, the western border of Rio Grande County on the west, and Latitude 37°44’49.3”N and the northern border of Rio Grande County on the north. Except as otherwise 4.8.17.12. For Weld County, elimination of all populations is required prior to seed development in2028 and each year thereafter for all land outside the boundaries of an area demarcated by the eastern and southern borders of Weld County, Interstate 25 on the west, and County Road 52 and Latitude 37°38’59”N on the north. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.17.13. For Alamosa, Costilla, Crowley, Custer, Delta, Eagle, Garfield, Kiowa, Mesa, Moffat, Montezuma, Montrose, Otero, and Pueblo Counties, suppression is the state management objective for all populations, except as otherwise specified in Parts 4.6 and 4.7. 4.8.17.14. The prescribed integrated management techniques for the elimination of Commissioner and hand-pulling or digging seedlings, mowing, or other 4.8.17.15. Prescribed integrated management techniques do not include the use of 4.8.17.16. Seed longevity is estimated to be at least three years. Infested sites must be monitored for at least three years after the populations have been eliminated 4.8.18. Sulfur cinquefoil (Potentilla recta). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for sulfur cinquefoil: 4.8.18.1. Except as noted below, elimination of all populations is required prior to 4.8.18.2. For San Miguel County, elimination of all populations is required prior to boundaries of an area demarcated as National Forest System lands boundary located to the west of Gurley and Cone Reservoir, to the north of Miramonte Reservoir and to the east of Lilylands Canal. Except as specified in Parts 4.6 and State management objective. 4.8.18.3. For Jefferson and Larimer Counties, suppression is the state 4.8.18.4. The prescribed integrated management techniques for the elimination of 4.8.18.5. Prescribed integrated management techniques do not include the use of 4.8.18.6. Seed longevity is estimated to be at least four years. Infested sites must 4.8.19. Bull thistle (Cirsium vulgare). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for bull thistle: 4.8.19.1. Except as noted below, elimination of all populations is required prior to seed development in 2024 and each year thereafter in all Colorado counties. 4.8.19.2. For Adams County, elimination of all populations is required prior to seed development in 2024 and each year thereafter for all lands outside the boundaries of an area demarcated on the east by the eastern edge of T1S R63W, T2S R63W, and T3S R63W, and to the north, west and south by the Adams County line. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.19.3. For Boulder County, elimination of all populations is required prior to seed development in 2024 and each year thereafter for all land outside the boundaries of an area demarcated by US Highway 287 on the east, the southern 4.8.19.4. For La Plata County, elimination of all populations is required prior to seed development in 2024 and each year thereafter for all land outside the boundaries of an area demarcated to the north by the La Plata County line, to the west by the western edge of T39N R9W, T38N R9W, T37N R8W, T36N R9W, T35N R9W, to the south by the southern edge of T35N R92, T35N R8W, T35N R7W, and to the east by the eastern edge of T39N R8W, T38N R8W, the La Plata County line, and T35N R7W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.19.5. For Moffat County, elimination of all populations is required prior to seed development in 2024 and each year thereafter for all land outside the boundaries of the following areas demarcated by (Area 1) the eastern and southern borders of Moffat county, to the north by the northern edge of T10N R90W, T10N R89W, T7N R91W, T7N R90W, T5N R92W, T3N R95W, T3N R94W, T3N R93W, to the west by the western edge of T10N R90W, T9N R90W, T8N R90W, T7N R91W, T6N R91W, T5N R92W, T4N R92W, T3N R95W; and (Area 2) to the north by the northern edge of T7N R96W, T7N R95W, T7N R94W, T7N R93W, to the west by the western edge of T7N R96W SEC 4, 9, 16, 21, 28, 33, T6N R95W, T5N R95W, and to the south by the southern edge of T5N R95W, T5N R94W, and to the east by the eastern edge of T7N R93W SEC 3, 10, 15, 22, 27, and 34. 4.8.19.6. For Montezuma County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the northern edge of T37N R14W, T37N R13W, T37N R12W, to the west by the western edge of T37N R14W, T36N R14W, to the south by State Highway 160 and the Montezuma County line, and to the east by the eastern edge of T37N R12W and T36N R12W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.19.7. For Pueblo County, elimination of all populations is required prior to seed development in 2024 and each year thereafter for all lands outside the boundaries of an area demarcated to the north by the northern edge of T22S R68 W Sec 19-24, to the west and south by the Pueblo County line, and the east by the eastern edge of T22S R68W, T23S R68W, T24S R68W and T25S R68W. 4.8.19.8. For San Juan County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the northern edge of T39N R9W, T41N R8W, T41N R7W, to the west and south by the San Juan County line, and to the east by the eastern edge of T41N R7W and T40N R7W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.19.9. For Summit County, elimination of all populations is required prior to boundaries of an area demarcated entirely by T5S R78W AND T5S R77W. 4.8.19.10. For Washington County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the northern portion of T1N R52W, T1N R51W, T1N R50W, to the west by County Road DD, to the south by County Road 20, and to the east by County Road RR. Except as otherwise 4.8.19.11. For Broomfield, Eagle, Garfield, Grand, Kit Carson, Larimer, Mesa, Ouray, Rio Blanco and Routt Counties, suppression is the state management objective, except as otherwise specified in Parts 4.6 and 4.7. 4.8.19.12. The prescribed integrated management techniques for the elimination of 4.8.19.13. Prescribed integrated management techniques do not include the use of 4.8.19.14. Seed longevity is estimated to be up to at least three years. Infested sites must be monitored for at least three years after the populations have been 4.8.20. Eurasian watermilfoil (Myriophyllum spicatum). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for Eurasian watermilfoil: 4.8.20.1. Except as noted below, elimination of all populations is required prior to seed, rhizomes or rooted fragment development in 2026 and each year thereafter in all Colorado counties. 4.8.20.2. For Adams County, elimination of all populations is required prior to seed or rooted fragment development in2026 and each year thereafter for all water outside the boundaries of an area demarcated to the north and west by the Adams County line, to the south by the southern edge of T2S R68W, T2S R67W, and to the east by US Highway 6 and US Highway 85. Except as otherwise specified in Parts 4.6 and 4.7, suppression is the state management objective for all water within the perimeter of the Ashwood Reservoir, Big Dry Creek, Brantner Ditch and Gulch, Bull Canal, Croke Lake, Equity Ditch, Farmers Highline Canal, German Ditch, German Reservoir No 1, Island Enclave, Jackson Lake, Lee Lateral, McKay Lake, Niver Canal, Nott Lake, Ohio Lake Signal Ditch, Todd Creek, Truck Lateral, Ashwood Reservoir, Croke Reservoir, Eastlake Reservoir No 3, German Reservoir No 1, Hartley Reservoir, Jackson Lake, Lake Erie, McKay Lake, Signal Reservoir No 1 and 2, Smith Reservoir, South Platte River, Stouffer Reservoirs No 1, 2 and 3, Thornton Lakes. Wadley Reservoirs No 1, 2 and 3, and Webster Lake. 4.8.20.3. For Boulder County, elimination of all populations is required prior to seed or rooted fragment development in 2026 and each year thereafter for all water outside the boundaries of an area demarcated to the north by the northern edge of T2N R69W Sec 21-24, to the west by 95th Street, the western edge of T1N R69W Sec 4, 9, 16, 21, 28, 33, to the south by Highway 56, and to the east by the Boulder County line. Except as otherwise specified in Parts 4.6 and 4.7, suppression is the state management objective for all water within the perimeter of the Boulder and Weld County Ditch, Boulder Creek, Bullhead Gulch, Coal Creek, Dry Creek, Goodhue Ditch, Highline Lateral, Leggett Ditch, Leyner Cottonwood No 1 Ditch, Lower Boulder Ditch, McGinn Ditch, South Boulder Canyon Ditch and Whiterock Ditch. 4.8.20.4. For Denver County, elimination of all populations is required prior to seed or rooted plant fragment development in 2026 and each year thereafter for all water outside the area demarcated (Area 1) to the north and west by the Denver County line, to south by US Highway 40/Colfax Avenue, and to the east by State Highway 2/Colorado Boulevard; and (Area 2) to the north by Mississippi Avenue, to the west and south by the Denver County line, and to the east by US Highway 85. Except as otherwise specified in Parts 4.6 and 4.7, suppression is the state management objective for all water within the perimeter of Marston Lake, Berkeley, Rocky Mountain, Sloan’s, Wolcott, and Boyles Lake, Ward Reservoir, Interlaken Reservoir No 1, Grant C Reservoir, Grant B Reservoir, Garfield Lake, Rocky Mountain and Johnson Lateral Ditch, South Platte River, Sanderson Gulch, Bear Creek and Cherry Creek. 4.8.20.5. For Fremont County, elimination of all populations is required prior to seed or rooted fragment development in 2024 and each year thereafter for all water outside the boundaries of an area demarcated to the north by the northern edge of T19S R70W Sec 1 and 2, T19S R69W, T19S R68W, and to the west by the western edge of T19S R70W Sec 2, 11, 14, 23, T19S R68W Sec 28, 33, T20S R68W Sec 4, 9, and to the south by the southern edge of T19S R70W Sec 23, 24, T19S R69W Sec 19-24, T19S R68W Sec 19, 20, T20S R68W Sec 9-12, and to the east by the Fremont County line. Except as otherwise specified in Parts 4.6 and 4.7, suppression is the state management objective for all water within the perimeter of the Arkansas River, Bear Creek, Beaver Creek, Brush Hollow Creek, Chandler Creek, Coal Creek, Cocklebur Creek, Eightmile Creek, Fourmile Creek, Green Gulch, Hardscrabble Creek, Minnequa Canal, Oak Creek, Richie Gulch, Sand Creek, Sixmile Creek, Willow Creek and Willow Spring Hollow. 4.8.20.6. For Pueblo County, elimination of all populations is required prior to seed or rooted fragment development in 2024 and each year thereafter for all water outside the boundaries of an area demarcated by all water within 1.0 miles of Bessemer Ditch, Minnequa Ditch, Saint Charles River, Salt Creek, St. Charles Flood Ditch, and St. Charles Reservoirs Nos 1, 2 and 3, bounded to the north by the northern edge of T21S R65W and T21S R64W, to the west by State Highway 45, and the eastern edge of T21S R65W, Little Burnt Mill Road, and the eastern edge of T22S R66W, to the south by T22S R66W and T22S R65W, and to the east by the Burlington Northern Santa Fe Railroad. Except as otherwise specified in Parts 4.6 and 4.7, suppression is the state management objective for all water within the perimeter of Bessemer Ditch, Minnequa Ditch, Saint Charles River, Salt Creek, St. Charles Flood Ditch, and St Charles Reservoirs Nos 1, 2 and 3. 4.8.20.7. For Jefferson County, suppression is the state management objective for all populations, except as otherwise specified in Part 4.6 and 4.7. 4.8.20.8. The prescribed integrated management techniques for the elimination of Commissioner, physical (water and light level) manipulation, physical barriers, and other mechanical techniques approved by the Commissioner. 4.8.20.9. Prescribed integrated management techniques do not include the use of 4.8.20.10. Seed longevity is not an important factor for this species; vegetative reproduction is a major factor. Infested sites and adjoining lentic systems must be monitored continuously after the populations have been eliminated and treatments must be repeated when necessary to prevent reestablishment from plant fragmentation. 4.8.21. Musk thistle (Carduus nutans). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for musk thistle: 4.8.21.1. Except as noted below, elimination of all populations is required prior to 4.8.21.2. For Boulder County, elimination of all populations is required prior to boundaries of an area demarcated by US Highway 287 on the east, the southern 4.8.21.3. For Custer County, elimination of all populations is required prior to seed of an area demarcated (Area 1) to the north by the Custer County line, to the west by the western edge of T21S R73W, T22S R73W, to the south by the southern edge of T22S R73 W Sec 19-24, T22S R72W Sec 19-21, to the east by the eastern edge of T21S R72W Sec 4, 9, 16, 21, 28, 33, T22S R72W Sec 4, 9, 16 and 21; and (Area 2) to the north by the northern edge of T22S R69 W Sec 20-24, T23S R69W Sec 7, T23S R70W Sec 11-12, to the west by the western edge of T22S R69W Sec 20, 29, and 32, T23S R69W Sec 5, T23S R70W Sec 11, 14, 23, 26, to the south by the southern boundary of T23S R69W Sec 31-36 and the Custer County line, and to the east by the Custer County line. Except as 4.8.21.4. For El Paso County, elimination of all populations is required prior to boundaries of an area demarcated to the south by the southern edge of T13S R68W, Interstate 25, State Highway 24/94, to the east by Black Squirrel Creek and South Peyton Highway, and the northern and western El Paso County line. 4.8.21.5. For Logan County, elimination of all populations is required prior to seed of an area demarcated to the west by County Roads 79, 81, and 83, and to the south, east and north by the Logan County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.21.6. For Moffat County, elimination of all populations is required prior to seed development in 2026020 and each year thereafter for all land outside the boundaries of an area demarcated by the eastern and southern borders of Moffat County and to the north by US Highway 40 and to the west by the western edge of T6N R97W Sec 26, 35, T5N R97W Sec 2, 11, 14, 23, 28, 35, T4N R97W Sec 10, 15, 22, 27, 34 and T3N R97W Sec 3, 10, 15, and to the south and east by the Moffat County line. Except as otherwise specified in Parts 4.6 and 4.7 for all land 4.8.21.7. For Otero County, elimination of all populations is required prior to seed of an area demarcated by (Area 1) the entirety of T23S R54W; and (Area 2) to the north by County Road Y, to the west by Otero Canal and Anderson Arroyo, to the south by the southern edge T25S R56W, and to the east by the eastern edge of T25S R55W and East Fork King Arroyo. Except as otherwise specified in Parts 4.8.21.8. For Phillips County, elimination of all populations is required prior to seed of an area demarcated (Area 1) to the north by County Road 30, to the west by the Phillips County line, to the south by County Road 14, and to the east by County Road 25; and (Area 2) to the north by County Road 10, to the east by County Roads 31, 8, 6.75 and 35, to the south by the Phillips County line, and to the west by County Road 23. Except as otherwise specified in Parts 4.6 and 4.7, management objective 4.8.21.9. For Rio Blanco County, elimination of all populations is required prior to boundaries of an area demarcated to the west by Scenery Gulch and Piceance Creek, and to the north, south and east by the Rio Blanco County line, County Road 8/North Fork Road and County Road 19/East Williams Fork Road. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.21.10. For Routt County, elimination of all populations is required prior to seed of an area demarcated by US Highway 40 on the north, and the eastern, southern, and western borders of Routt County. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.21.11. For San Juan County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the northern edge of T39N R10 W, T39N R9W, and T39N R8W to the west and south by the San Juan County line, and to the east by the eastern edge of T39N R8W. Except as 4.8.21.12. For Sedgwick County, elimination of all populations is required prior to boundaries of an area demarcated to the north and west by the Sedgwick County line, and to the south by Interstate 76. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.21.13. For Weld County, elimination of all populations is required prior to seed of an area demarcated to the north by County Road 14 to the west and south by the Weld County line, and to the east by US Highway 85. Except as otherwise 4.8.21.14. For Yuma County, elimination of all populations is required prior to seed of an area demarcated: (Area 1) to the north by County Road 51, to the north and west by the Yuma County line, to the south by the southern edge of T3N R48W, T3N R47W and T4N R46W, to the east by the eastern edge of T3N R47W, County Road S and County Road M; and (Area 2) to the north by US Highway 36/State Highway 9, to the west by County Road X and Y, and to the south and east by the Yuma County line. Except as otherwise specified in Parts 4.6 and state management objective 4.8.21.15. For Arapahoe, Archuleta, Bent, Broomfield, Denver, Dolores, Douglas, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Huerfano, Jefferson, La Plata, Larimer, Mesa, Montezuma, Montrose, Morgan, Ouray, Pitkin, Prowers, Pueblo, San Miguel, and Summit Counties, suppression is the state management objective, except as otherwise specified in Parts 4.6 and 4.7. 4.8.21.16. The prescribed integrated management techniques for the elimination of Commissioner and mechanical (hand-pulling and digging) or other techniques 4.8.21.17. Prescribed integrated management techniques do not include the use of 4.8.21.18. Seed longevity is estimated to be at least fourteen years. Infested sites must be monitored for at least fifteen years after the populations have been 4.8.22. Scentless chamomile/false mayweed/false chamomile (Tripleurospermum inodorum) and Mayweed chamomile/stinking chamomile (Anthemis cotula). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for scentless/false mayweed/false chamomile, and mayweed chamomile/stinking chamomile: 4.8.22.1. Except as noted below, elimination of all populations is required prior to 4.8.22.2. For Gunnison County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the northern boundary of T13S R86W, T13S R85W, T13S R84W, to the west by T13S R86W, T14S R86W, T15S R86W, T51N R1W, T50N R1W, T49N R1W; to the south by the southern boundary of T49N R1W, T49N R1E, and T49N R1E, T49N R2E; and to the east by T13S R84W, T14S R84W, T15S R84W, T51N R2E, T50N R2E, and T49N R2E. Except as otherwise specified in Parts 4.6 and 4.7 for all land within the 4.8.22.3. For La Plata County, elimination of all populations is required prior to boundaries of an area demarcated to the north by US Highway 160; to the west by State Highway 550; to the south by County Roads 310 and 318; and to the east by County Road 521. Except as otherwise specified in Parts 4.6 and 4.7, for 4.8.22.4. For Lake County, elimination of all populations is required prior to seed of an area demarcated to the north by the northern boundary of T9S R81W Sec 3, 2, 1, T9S R80W, and T9S R79W Sec 6; to the west by the western boundary of T9S R81W Sec 3, 10, 15, 22, 27, 34, and T10S R81W Sec 3 and 10; to the south by the southern boundary of T10S R81W Sec 10, 11, 12, T10S R80W Sec 7, 8, 9, 10, 11, 12, and T10S R79W Sec 7; and to the east by T9S R79W Sec 6, 7, 18, 19, 30, and 31. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.22.5. For Mesa County, elimination of all populations is required prior to seed of an area demarcated to the north, south, and east by the National Forest System boundary and to the west by Jerry Gulch, State Highway 330, and County Roads 58 ½ and 59. Except otherwise specified in Parts 4.6 and 4.7, for 4.8.22.6. For Routt County, elimination of all populations is required prior to seed of an area demarcated to the north by the National Forest System boundary and County Roads 80, 56 and 76; to the west by the Routt County line; to the south by US Highway 40 and County Road 27; and to the east by State Highway 131, Buffalo Pass Road and the National Forest System boundary. Except as 4.8.22.7. For Summit County, elimination of all populations is required prior to boundaries of an area demarcated to the north by Pioneer Creek; to the west by the National Forest System lands boundary and the western edge of T5S R78W Sec 10, 15, 22, 27, 34, T6S R78W Sec 3, 10, 15, 24,25, 36, and T7S R78W Sec 1, 12; to the south by the southern edge of T7S R78W Sec 12 and T7S R77W Sec 7, 8; and to the east by the National Forest System lands boundary and the eastern edge of T5S R77W Sec 21, 28, 33, T6S R77W Sec 5, 8, 17, 20, 29, 32 and T7S R77W Sec 5 and 8. Except as otherwise specified in Parts 4.6 and 4.7, 4.8.22.8. For Clear Creek, Gilpin, Grand, Jefferson, and Larimer Counties, suppression is the state management objective, except as otherwise specified in 4.8.22.9. The prescribed integrated management techniques for the elimination of 4.8.22.10. Prescribed integrated management techniques do not include the use of 4.8.22.11. Seed longevity is estimated to be up to twelve years. Infested sites must be monitored for at least fifteen years after the populations have been eliminated 4.8.23. Scotch thistle (Onopordum acanthium and Onopordum tauricum). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for Scotch thistle: 4.8.23.1. Except as noted below, elimination of all populations is required prior to 4.8.23.2. For Adams County, elimination of all populations is required prior to seed of an area demarcated to the east by the eastern edge of T1S R64W, T2S R64W, and T3S R64W and to the north, west, and south by the Adams County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.23.3. For Boulder County, elimination of all populations is required prior to boundaries of an area demarcated US Highway 287 on the east, the southern 4.8.23.4. For Garfield County, elimination of all populations is required prior to borders of Garfield County, and Longitude 108°9’6”W. Except as otherwise 4.8.23.5. For Gunnison County, elimination of all populations is required prior to boundaries of an area demarcated by the western border of Gunnison County, and the entirety of T13S R90W. Except as otherwise specified in Parts 4.6 and 4.8.23.6. For Larimer County, elimination of all populations is required prior to boundaries of an area demarcated to the west by the western edge of T12N R70W, T11N, T10N R70W, T9N R70W, T8N R70W, T7N R70W, T6N R70W, T5N R70W, T4N R70W and to the south, east and north by the southern, eastern and northern Larimer County line. Except as otherwise specified in Parts 4.6 and 4.8.23.7. For Las Animas County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the Las Animas County line, to the southwest and south by the Purgatoire River and its North Fork, and Interstate 25 on the east. Except as otherwise specified in Parts 4.6 and 4.7, for 4.8.23.8. For Moffat County, elimination of all populations is required prior to seed development in2026 and each year thereafter for all land outside the boundaries of an area demarcated by the northern, eastern, and southern borders of Moffat County and Longitude 108°11’5”W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.23.9. For Montezuma County, elimination of all populations is required prior to boundaries of an area demarcated by the entirety of T36N R13W and to the south by the southern edge of T35N R13W Sec 1-6. Except as otherwise 4.8.23.10. For Morgan County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the Morgan County line; to the west by the western edge of T6N R59W and T5N R59W; to the south by the southern edge of T5N R59W and T5N R58W, and to the east by the eastern edge of T6N R58W and T5N R58W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.23.11. For Pueblo County, elimination of all populations is required prior to seed of an area demarcated to the north by latitude 38º10’5”N, to the west and south by the Pueblo County line, and to the east by the Burlington Northern Santa Fe Railroad. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.23.12. For Rio Blanco County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the northern edge of T2N R93W Sec 19-24 and the Rio Blanco County line, to the west by Scenery Gulch, Blacks Gulch, and Piceance Creek; to the south by the Rio Blanco County line and the southern edge of T1S R92W; and to the east by the eastern edge of T3N R94W, T2N R94W, T2N R93W Sec 24, 25, 36, T1N R92W, T1S R92W and T2S R93W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.23.13. For Weld County, elimination of all populations is required prior to seed of an area demarcated to the north by County Road 14; to the west and south by the Weld County line, and to the east by US Highway 85. Except as otherwise 4.8.23.14. For Arapahoe, Broomfield, Denver, Douglas, Eagle, Fremont, Huerfano, Jefferson, La Plata, Mesa, Otero and Prowers Counties, suppression is the state 4.8.23.15. The prescribed integrated management techniques for the elimination of designated populations are limited to the use of biocontrol agents and herbicides approved by the Commissioner and some cultural and carefully timed 4.87.23.16. Prescribed integrated management techniques do not include the use of 4.8.23.17. Seed longevity is estimated to be up to thirty years. Infested sites must be monitored for at least thirty-one years after the populations have been 4.8.24. Common teasel (Dipsacus fullonum) and cutleaf teasel (Dipsacus laciniatus). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for common and cutleaf teasel: 4.8.24.1. Except as noted below, elimination of all populations is required prior to seed development in 2032 and each year thereafter in all Colorado counties. 4.8.24.2. For Adams County, elimination of all populations is required prior to seed of an area demarcated by the borders of Adams County on the west and north, Latitude 39°57’54”N on the east, and the border of Adams County on the south. . 4.8.24.3. For Arapahoe County, elimination of all populations is required prior to boundaries of an area demarcated by the northern border of Arapahoe County;

State Highway 470 on the east; and the southern and western borders of Arapahoe County. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.24.4. For Boulder County, elimination of all populations is required prior to boundaries of an area demarcated by Longitude 105°18’18”W on the west, and the borders of Boulder County on the north, east, and south. Except as otherwise 4.8.24.5. For Douglas County, elimination of all populations is required prior to boundaries of an area demarcated by Latitude 39°05’16”N on the west from the southern Douglas County border to Longitude 105°08’44”W, Longitude 105°08’44”W on the south from Latitude 39°05’16”N to the western Douglas County border, the Douglas County border on the west from Longitude 105°08’44”W to the northern Douglas County border, the borders of Douglas County on the north and east, and the Douglas County Border on the south from the eastern Douglas County border to Latitude 39°05’16”N. Except as otherwise 4.8.24.6. For El Paso County, elimination of all populations is required prior to boundaries of an area demarcated by the El Paso County borders on the west and north, Latitude 39°05’16”N on the east, and the El Paso County border on the south. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.24.7. For Jefferson County, elimination of all populations is required prior to boundaries of an area demarcated by the Jefferson County border on the west from 105°08’44”W to the northern Jefferson County border, the Jefferson County border on the north, the Jefferson County border on the east from the northern Jefferson County border to Longitude 105°12’22”W, Longitude 105°12’22”W on the south to Latitude 39° 38’70”N, Latitude 39° 38’70”N on the west to Longitude 105°14’17”W, Longitude 105°14’17”W on the south to Latitude 39°32’14”N, Latitude 39°32’14”N on the west to Longitude 105°08’44”W, and Longitude 105°08’44”W on the south to the western Jefferson County border. Except as 4.8.24.8. For Larimer County, elimination of all populations is required prior to boundaries of an area demarcated by Longitude 105°18’18”W on the west, Latitude 40°41'17.811”N on the north, the borders of Larimer County on the east and south. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.24.9. For Weld County, elimination of all populations is required prior to seed development in 2022 and each year thereafter for all land outside the boundaries of an area demarcated by the border of Weld County on the west, US Highway 34 on the north, Latitude 39°57’54”N on the east, and the border of Weld County on the south. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.24.10. For Broomfield and Denver Counties, suppression is the state 4.8.24.11. The prescribed integrated management techniques for the elimination of 4.8.24.12. Prescribed integrated management techniques do not include the use of 4.8.24.13. Seed longevity is estimated to be up to fourteen years. Infested sites must be monitored for at least fifteen years after the populations have been 4.8.25. Canada thistle (Cirsium arvense). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for Canada thistle: 4.8.25.1. Except as noted below, elimination of all populations is required prior to 4.8.25.2. For Adams, Alamosa, Archuleta, Boulder, Broomfield, Chaffee, Clear Creek, Conejos, Custer, Delta, Denver, Dolores, Douglas, Eagle, El Paso, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Jefferson, La Plata, Lake, Larimer, Logan, Mesa, Mineral, Montezuma, Montrose, Ouray, Park, Phillips, Pitkin, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, and Weld Counties, suppression is the state management objective, except as otherwise specified in Parts 4.6 and 4.7. 4.8.25.3. The prescribed integrated management techniques for the elimination of Commissioner and mowing or other mechanical techniques approved by the 4.8.25.4. Prescribed integrated management techniques do not include the use of 4.8.25.5. Seed longevity is estimated to be up to twenty years. Infested sites must be monitored for at least twenty-one years after the populations have been 4.8.26. Dame’s rocket (Hesperis matronalis). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for dame’s rocket: 4.8.26.1. Except as noted below, elimination of all populations is required prior to seed development in 2024 and each year thereafter in all Colorado counties. 4.8.26.2. For Archuleta County, elimination of all populations is required prior to Springs. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.34.3. For Jefferson and Larimer Counties, suppression is the state 4.8.26.4. The prescribed integrated management techniques for the elimination of 4.8.26.5. Prescribed integrated management techniques do not include the use of 4.8.26.6. Seed longevity is unknown. Infested sites must be monitored for at least 4.8.27. Jointed goatgrass (Aegilops cylindrica). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for jointed goatgrass: 4.8.27.1. Except as noted below, elimination of all populations is required prior to 4.8.27.2. For Adams County, elimination of all populations is required prior to seed of an area demarcated on the west by the western edge of T1S R66W, T2S R66W, and T3S R66W Sec 6 and 7 and to the north, west, and south by the Adams County line. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.27.3. For Delta County, elimination of all populations is required prior to seed of an area demarcated to the north by the northern edge of T12S R94W Sec 19- 22; to the west by the western edge of T12S R94W and T13S R94W; to the south by the southern edge of T13S R94 W Sec 31-34; and to the east by the eastern edge of T12S R94W Sec 22, 27, and 34 and T13S R94W Sec 3, 10, 15, 22, 27 and 34. Except as otherwise specified in Parts 4.6 and 4.7, for all land 4.8.27.4. For Denver County, elimination of all populations is required prior to seed demarcated: (Area 1) to the east by the Platte River and to the north, west, and south by the Denver County line and (Area 2) to the north, west, south and east by the Denver County line and to the southwest by First Creek. Except as 4.8.27.5. For Dolores County, elimination of all populations is required prior to boundaries of an area demarcated to the east by the National Forest System land boundary located just east of the Dolores River, and the northern, southern and western border of Dolores County. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.27.6. For Logan County, elimination of all populations is required prior to seed of an area demarcated to the north by the northern edge of T8N R50W, T8N R49W, and T8N R48W; to the west by the western edge of T8N R50W, T7N R50W, and T6N R50W; and to the south and east by the Logan County line. 4.8.27.7. For Moffat County, elimination of all populations is required prior to seed of an area demarcated by (Area 1) the entirety of T10N R91W and T9N R91W;

(Area 2) to the east and south by the Moffat County border, to the north and west by the northern and western edges of T8N R89W and T7N R89W; and (Area 3) to the north by State Highway 40, to the west by the western edge of T6N R93W, to the south by the Yampa River and the southern edge of T5N R91W and T6N R90W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.27.8. For Montezuma County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the Montezuma County line; to the east by the Dolores River and the eastern edge of T37N R16W and T36N R15W; to the south by Kernan Canyon and McElmo Creek; and to the west by the Bureau of Land Management Public Lands boundary. Except as otherwise 4.8.27.9 For Montrose County, elimination of all populations is required prior to boundaries of an area demarcated by: (Area 1) to the north by the northern edge of T47N R15W, T47N R14W, to the east by T47N R15W,T46N R15W, T45N R15W, to the south by the Montrose County line, and to the east by the eastern edge of T47N R14W, T46N R14W, and T45N R14W; and (Area 2) to the north by the Montrose County line and the northern edge of T50N R9W and T47N R8W, to the west by the western edge of T51N R10W, T50N R10W, T49N R10W, T48N R10W, and T47N R10W, to the south by the Montrose County line, and to the east by the eastern edge of T51N R10W, T50N, R9W, T49N R9W, T48N R9W, and T47N R8W. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.27.10. For Ouray County, elimination of all populations is required prior to seed of an area demarcated to the north by the Ouray County line; to the west by Dolores Creek and the Ouray County line; to the south by Spruce Mountain ridge, the Uncompahgre River Dam inlet, and Cow Creek; and to the east by Burro Creek and the Ouray County line. Except as otherwise specified in Parts 4.8.27.11. For Phillips County, elimination of all populations is required prior to seed of an area demarcated to the east and north by the Phillips County line; to the west by County Road 19; and to the south by County Road 36. Except as 4.8.27.12. For Pueblo County, elimination of all populations is required prior to seed of an area demarcated by Latitude 38°11'16.617”N, Longitude 104º41’20”W, and the southern and western border of Pueblo County. Except as otherwise 4.8.27.13. For San Miguel County, elimination of all populations is required prior to boundaries of an area demarcated to the north by the Bureau of Land Management Public Lands boundary; to the west and south by the San Miguel County line; and to the east by County Roads K8 and F11. Except as otherwise 4.8.27.14. For Baca, Crowley, Garfield, Jefferson, Kiowa, Kit Carson, La Plata, Lincoln, Mesa, Morgan, Otero, Prowers, Sedgwick and Washington Counties, suppression is the state management objective, except as otherwise specified in 4.8.27.15. The prescribed integrated management techniques for the elimination of Commissioner and carefully timed cultural, mowing, tilling, or other mechanical 4.8.27.16. Prescribed integrated management techniques do not include the use of 4.8.27.17. Seed longevity is estimated to be at least nine years. Infested sites must be monitored for at least ten years after the populations have been eliminated 4.8.28. Moth mullein (Verbascum blattaria). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for moth mullein: 4.8.28.1. Except as noted below, elimination of all populations is required prior to 4.8.28.2. For Jefferson County, elimination of all populations is required prior to boundaries of an area demarcated to the north and east by the borders of Jefferson County and the south and west by Colorado State Highway 470. 4.8.28.3. For Larimer County, elimination of all populations is required prior to boundaries of an area demarcated to the north by County Road 52, on the east and south by the borders of Larimer County, and to the west by Longitude 105°20'49.4”W. 4.8.28.4. The prescribed integrated management techniques for the elimination of 4.8.28.5. Prescribed integrated management techniques do not include the use of 4.8.28.6. Seed longevity is estimated to be over 100 years. Infested sites must be monitored for at least twenty years after the populations have been eliminated 4.8.29. Bouncingbet (Saponaria officinalis). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for bouncingbet: 4.8.29.1. Except as noted below, elimination of all populations is required prior to 4.8.29.2. For Archuleta County, elimination of all populations is required prior to Springs. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.29.3. For Denver County, elimination of all populations is required prior to seed of an area demarcated to the north by Colfax Avenue; to the west by Sheridan Boulevard; to the south by Hampden Avenue and the Denver County line; and to the east by Colorado Boulevard. Except as otherwise specified in Parts 4.6 and 4.8.29.4. For Jefferson and Larimer Counties, suppression is the state 4.8.29.5. The prescribed integrated management techniques for the elimination of 4.8.29.6.Prescribed integrated management techniques do not include the use of any 4.8.29.7. Seed longevity is approximately seventeen years. Infested sites must be monitored for at least twenty years after the populations have been eliminated 4.8.30. Common tansy (Tanacetum vulgare). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for common tansy: 4.8.30.1. Except as noted below, elimination of all populations is required prior to 4.8.30.2. For Archuleta County, elimination of all populations is required prior to Springs. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.30.3. For Eagle County, elimination of all populations is required prior to seed of an area demarcated to the north by Interstate 70; and to east, south, and west by the boarders of Garfield County. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.30.4. For Garfield County, elimination of all populations is required prior to boundaries of an area demarcated to the west and north by Interstate 70; and to east and south by the boarders of Garfield County. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is 4.8.305. The prescribed integrated management techniques for the elimination of 4.8.30.6. Prescribed integrated management techniques do not include the use of 4.8.30.7. Seed longevity is unknown. Infested sites must be monitored for at least 4.8.31. Wild caraway (Carum carvi). In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for wild caraway: 4.7.31.1. Except as noted below, elimination of all populations is required prior to 4.8.31.2 For Custer County, elimination of all populations is required prior to seed of an area demarcated to the north by County Road 150 and 160; to the west by the National Forest System lands boundary; to the south by the Custer County line; and to the east by State Highway 69. Except as otherwise specified in Parts 4.8.31.3 For Gunnison County, elimination of all populations is required prior to boundaries of an area demarcated to the north by Kebler Pass Road and to the west, south, and east by the National Forest System lands boundary surrounding Colorado Highway 135. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.31.4 For Routt County, elimination of all populations is required prior to seed of an area demarcated to the north by the northern edge of T9N R5W; to the west by the western edge of T9N R85W, T8N R85W, T7N R85W, and T6N R89W; to the south by the southern edge of T6N R89W, T6N R88W, T6N R87W, T6N R86W, and T6N R85W and to the east by the eastern edge of T9N R85W, T8N R85W, T7N R85W and T6N R85W. Except as otherwise specified in Parts specified state management objective 4.8.31.5. For Jefferson and Larimer Counties, suppression is the state 4.8.31.6. The prescribed integrated management techniques for the elimination of 4.8.31.7. Prescribed integrated management techniques do not include the use of 4.8.31.8. Seed longevity is unknown. Infested sites must be monitored for at least 4.8.32. Yellow nutsedge (Cyperus esculentus). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply for yellow nutsedge: 4.8.32.1. Except as noted below, elimination of all populations is required prior to 4.8.32.2. For Weld County, elimination of all populations is required prior to seed development in 2030 and each year thereafter for all land outside the boundaries of an area demarcated by 4N R66W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.32.3. The prescribed integrated management techniques for the elimination of 4.8.32.4. Prescribed integrated management techniques do not include the use of 4.8.32.5. Seed longevity is unknown. Infested sites must be monitored for at least 4.8.33. Quackgrass (Elymus repens). Moved to List C in 2014. 4.8.34. Russian-olive (Elaeagnus angustifolia). In addition to the requirements set forth in this

Part 4 for the management of all List B species, the following conditions also apply to any Russian-olive populations: (i) in public open space areas: (ii) and any populations within 100 feet of any intermittent or perennial streams, rivers, water conveyance ditches, ponds, lakes and reservoirs, whether natural or man-made; (iii) along and within that corridor; and (iv)any contiguous populations that spread outside of that corridor. 4.8.34.1. Except as noted below, elimination is required prior to seed development in 2028 and each year thereafter in all Colorado counties. 4.8.34.2. For Adams County, elimination of all populations is required prior to seed demarcated by the northern, western, and southern Adams County line and the eastern boundary of T1S to T3S R66W. Except as otherwise specified in Parts 4.8.34.3. For Alamosa County, elimination of all populations is required prior to demarcated as T38N R11E to R12E. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.34.4. For Arapahoe County, elimination of all populations is required prior to demarcated by the northern, western, and southern borders of Arapahoe County and the eastern boundary of T4S to T5S R66W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the 4.8.34.5. For Baca County, elimination of all populations is required prior to seed demarcated: (Area 1) to the north and west by T30S R46W Sec 30, to the south by the Burlington Northern Santa Fe railroad track, and to the east by Fairgrounds County Road 24.6; and (Area 2) to the north by Two Butte Creek, to the west and south by County road 30, and to the east by the eastern boundary of T28S R46W Sec 1. Except as otherwise specified in Parts 4.6 and 4.7, for all management objective 4.8.34.6. For Bent County, elimination of all populations is required prior to seed of an area demarcated as the entirety of T22S R50W to R53W and T23S R50W to R53W. Except as otherwise specified in Parts 4.6 to 4.7, for all land within the 4.8.34.7. For Boulder County, elimination of all populations is required prior to borders of Boulder County and by the western boundary of T1S R70W and T1N to T3N R70W. Except as otherwise specified in Parts 4.6 and 4.7 for all land 4.8.34.8. For Delta County, elimination of all populations is required prior to seed demarcated by the northern boundary of T14S R92W to R96W; the western boundary of T15S R96W and T51N R10 W; the southern Delta County line; and the eastern boundary of T51N R10W, T15S R94W, and T14S R92W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described 4.8.34.9. For Dolores County, elimination of all populations is required prior to boundaries of an area within one half of a mile on both sides of US Highway 491 from the western boundary of T41N R19W southeast to the southern Dolores County line. Except as otherwise specified in Parts 4.6 and 4.7, for all land within 4.8.34.10. For Douglas County, elimination of all populations is required prior to boundaries of an area demarcated as T10S R66W to R67W. Except as 4.8.34.11. For El Paso County, elimination of all populations is required prior to boundaries of an area demarcated by the northern borders of El Paso County, the western boundary of T11S to T16S R67W, T17S R65W, the southern El Paso County line, and the eastern boundary of T11S to T14S R66W, T15S to T17S. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the 4.8.34.12. For Garfield County, elimination of all populations is required prior to boundaries of an area demarcated as T5S R92W, T6S R92W to R95W, T7S R95W to R96W, and T8S R96W to R97W to the southern Garfield County line. 4.8.34.13. For Jefferson County, elimination of all populations is required prior to demarcated to the east and north by the Jefferson County line; to the west by the western boundary of T2S to T6S R70W; and to the south by the southern boundary of T6S R69W to R70W. Except as otherwise specified in Parts 4.6 and 4.8.34.14. For Larimer County, elimination of all populations is required prior to boundaries of an area demarcated by the northern boundary of T9N R68W to R70W; the western boundary of T4N to T9N R70W; and the eastern and southern borders of Larimer County. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described above, suppression is the specified 4.8.34.15. For Las Animas County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land beyond one half of a mile from the center of the Purgatoire River on both sides from the eastern edge of Trinidad Lake northeast to the eastern boundary of T32S R26W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.34.16. For Mesa County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land demarcated as: (Area 1) T10S R98W, T11S R98W, T1S R2E, T1S R1E, T1S R1W, T11S R101W, T1N R3W, T2N R3W, T1N R2W, and T1N R1W; and (Area 2) T8S R96W to R97W to the northern Mesa County line. Except as otherwise specified in Parts 4.6 and 4.8.34.17. For Moffat County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all land outside of an area demarcated as T7N R90W to R91W and T6N R90W to R91W. Except as otherwise specified in Parts 4.6 and 4.7, for all land outside the areas described 4.8.34.18. For Montezuma County, elimination of all populations is required prior to within a one half of a mile of US Highway 491 on both sides from the northern Montezuma County line southeast to the southern boundary of T34N R17W; within one half of a mile of US Highway 160 on both sides from the intersection with US Highway 491 east to the eastern boundary of T36N R15W; and within one half of a mile of State Highway 145 from the intersection with US Highway 160 north to the northern boundary of T36N R15W and R16W. Except as otherwise specified in Parts 4.6 and 4.7, for all land outside the areas described 4.8.34.19. For Montrose County, elimination of all populations is required prior to seed development in 2028 and each year thereafter for all lands outside an area demarcated as T51N R10W to the northern Montrose County line, T50N R10W, T49N R9W to R11W, and T48N R9W to R10W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is 4.8.34.20. For Morgan County, elimination of all populations is required prior to demarcated as the western Morgan County line and T4N R56W to R60W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the area described 4.8.34.21. For Pueblo County, elimination of all populations is required prior to seed demarcated by the northern and eastern Pueblo County line and T18S to T21S R65W, T22S R60W, T21S R60W to R65W, T20S R60W to T20S R64W, and T18S to T19S R64W. Except as otherwise specified in Parts 4.6 and 4.7, for all 4.8.34.22. For Weld County, elimination of all populations is required prior to seed demarcated as: (Area 1) T1N to T2N R64W; (Area 2) T4N R61W; and (Area 3) the northern boundary of T9N R66W to R67W, the western and southern Weld County line, and the eastern boundary of T1N to T9N R66W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described 4.8.34.23. For Yuma County, elimination of all populations is required prior to seed demarcated as T5S R43W to R44W. Except as otherwise specified in Parts 4.6 and 4.7, for all land within the areas described above, suppression is the 4.8.34.24. For Broomfield County, suppression is the state management objective, except as otherwise specified in Parts 4.6 and 4.7. 4.8.34.25. The prescribed integrated management techniques for the elimination of Commissioner and hand-pulling, digging, sawing, or other mechanical techniques 4.8.34.26. Prescribed integrated management techniques do not include the use of 4.8.34.27. Seed longevity is estimated to be at least three years. Infested sites must and treatments must be repeated when necessary to prevent stump and root resprouting. 4.9. Containment maps can be located at: www.colorado.gov/ag/weeds

Part 5 List C Noxious Weed Species 5.1. List C of the Colorado noxious weed list comprises the following noxious weed species:

Bulbous bluegrass (Poa bulbosa)

Chicory (Cichorium intybus)

Common burdock (Arctium minus)

Common mullein (Verbascum thapsus)

Common St. Johnswort (Hypericum perforatum)

Downy brome (Bromus tectorum)

Field bindweed (Convolvulus arvensis)

Halogeton (Halogeton glomeratus)

Johnsongrass (Sorghum halepense)

Perennial sowthistle (Sonchus arvensis)

Poison hemlock (Conium maculatum)

Puncturevine (Tribulus terrestris)

Quackgrass (Elymus repens)

Redstem filaree (Erodium cicutarium)

Siberian elm (Ulmus pumila)

Tree of heaven (Ailanthus altissima)

Velvetleaf (Abutilon theophrasti)

Wild proso millet (Panicum miliaceum) 5.2. List C noxious weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, will develop and implement state noxious weed management plans designed to support the efforts of local governing bodies to facilitate more effective integrated weed management on private and public lands. The goal of such plans will not be to stop the continued spread of these species but to provide additional education, research, and biological control resources to jurisdictions that choose to require management of List C species.

Part 6 [RESERVED]

Part 7 Compliance Waiver 7.1. Local governing bodies and landowners with any population of any List A species or population of any List B species may apply for a compliance waiver granted by the Commissioner. 7.2. To apply for a compliance waiver, local governing bodies or landowners must submit a written petition to the State Weed Coordinator via mail (Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021), fax (303) 466-2860, or email (weeds@state.co.us with “Attention: noxious weed petition” in the subject line). The Department will only consider a petition for waiver during the growing season of the target weed when the extent of the problem can be properly evaluated at the site for which the petition is submitted. The petition should provide specific information pertinent to the reevaluation of the specified management objective for the target weed in a specified geographic region. 7.3. The Commissioner will evaluate petitions using the following criteria:

A. The known distribution of the target weed species in the specified geographic region;

B. The feasibility of current control technologies to achieve the management objective for the target population;

C. The cost of carrying out the management objective specified in the target weed management plan; and D. Any other site-specific information that establishes that the specified management objective is not feasible for a specific population in a specified geographic region.

Petitioners must address these criteria and explain specifically what conditions exist that establish that the specified management objective is not viable. 7.4. The Commissioner will grant or deny a petition within fifteen business days of receiving it. 7.5. The Commissioner may revoke a compliance waiver at any time if the information provided in the petition was incomplete or inaccurate, or if conditions change such that the specified management objective becomes viable.

Part 8 Statements of Basis, Specific Statutory Authority and Purpose 8.1. February 11, 2004 – Effective May 3, 2004 These permanent rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2003).

The purpose of these permanent rules is to: (1) repeal all of the existing permanent rules for the administration and enforcement of the Colorado Noxious Weed Act, §§ 35-5.5-101 through 119, C.R.S.

(2003), currently published at 8 C.C.R. 1203-15 (including the Statement of Basis, Purpose and Statutory

Authority as well as Rules 1 through 3) and; (2) replace the current permanent rules with new permanent rules which implement the Colorado Noxious Weed Act as amended by the General Assembly in its 2003 regular session. Specifically, the purposes of these new permanent rules are to designate state noxious weeds, classify state noxious weeds into three categories (List A, B, and C), develop and implement state noxious weed management plans for List A noxious weed species, prescribe integrated management techniques to achieve eradication of List A species, and provide a process for granting compliance waivers to local governing bodies and landowners in order to develop and implement a coordinated, statewide effort to stop the spread of noxious weeds and mitigate their impacts to agriculture and the environment.

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. Several million acres of Colorado are infested with invasive non-indigenous plants that are continuing to spread to uninfested lands and increase in abundance.

2. A number of these species, designated as state noxious weeds, aggressively invade or are detrimental to economic crops or native plant communities, are poisonous to livestock, are carriers of detrimental insects, diseases, or parasites, or are detrimental, directly or indirectly, to the environmentally sound management of natural or agricultural systems.

3. Noxious weeds are a present threat to the economic and environmental value of the lands of the state of Colorado and it is a matter of statewide importance that the governing bodies of counties and municipalities manage such weeds in a coordinated manner across the state. Lack of such coordination makes weed management efforts unnecessarily costly and limits the effectiveness of public and private efforts to control such noxious weeds.

4. A broad array of public and private organizations support efforts to develop and implement a coordinated, statewide effort to stop the spread of noxious weeds.

5. Classifying designated noxious weeds into specific management categories will provide a means to focus public and private resources strategically and in a cost-effective manner.

6. By eradicating rare noxious weed species quickly (List A), these species can be prevented from establishing permanent populations in Colorado from which they will spread to harm the agricultural and environmental values of the lands of Colorado.

7. It is important that local governing bodies and affected landowners apply integrated management techniques that will achieve the specified management objectives, particularly for eradication.

Some techniques are more effective than others (prescribed) and some techniques are likely to be ineffective or contribute to the spread of the weed species (not prescribed). Prescribing integrated management techniques to achieve specified management objectives will help landowners achieve management objectives such as eradication in a timely manner while limiting environmental damage, effort, and cost.

8. By stopping the spread of well-established species (List B), the values of uninfested lands for agriculture or the environment can be protected and the costs of land management to private and public landowners can be limited or reduced.

9. By educating the public about improved management for widespread species (List C), the harm associated with these species can be reduced and such efforts can be made more cost-effective for many citizens.

10. To accomplish the goals associated with List A (statewide eradication) and List B (halted spread) it is necessary to develop and implement statewide plans to coordinate appropriate actions at the private, local, state, and federal levels. Without such plans, it will be difficult to focus public and private resources strategically and in a cost-effective manner to achieve these goals.

11. In order to provide flexibility to respond to changing circumstances with respect to the distribution of weed populations, it is important to provide the state, local governing bodies, and landowners with a process to amend the requirement to eradicate a particular noxious weed. Without such a compliance waiver process, these rules may become unnecessarily burdensome.

12. The absence of rules to implement a coordinated statewide effort to manage noxious weeds results in increased management costs to public and private interests, a reduction in the effectiveness of individual efforts, and the continued loss of agricultural and environmental values to the invasion of noxious weeds. 8.2. March 4, 2005 – Effective May 2, 2005 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2004).

The purposes of these amendments to the rules are to: (1) designate additional species of noxious weeds for inclusion in the current categories (Lists A, B, C) listed in Parts 3, 4 and 5 of the existing Rules; (2) reclassify some of the currently listed noxious weeds to different categories; (3) develop and implement new state noxious weed management plans for additional species listed for statewide eradication (List A);

(4) develop and implement state noxious weed management plans for selected List B species and; (5) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. It is necessary to periodically adjust the state noxious weed list to address emerging plant pest threats as they become known to the state.

2. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B 4. The proposed plans have been developed in consultation with the state noxious weed advisory 8.3. March 9, 2006 – Effective May 30, 2006 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2005).

The purposes of these amendments to the rules are to: (1) develop and implement state noxious weed management plans for selected List B species and (2) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans. The rule will also be moved to the Conservation Services Division section of the CCR and renumbered to 8 CCR 1206-2 to reflect a reorganization in the Colorado Department of Agriculture moving the noxious weed program to this division.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B 3. The proposed plans have been developed in consultation with the state noxious weed advisory 8.4. May 3, 2007 – Effective July 1, 2007 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2005).

The purposes of these amendments to the rules are to: (1) develop and implement state noxious weed management plans for selected List B species, (2) revise existing state noxious weed management plans for selected List B species, and (3) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B 3. The proposed plans have been developed in consultation with the state noxious weed advisory 4. To maintain the effectiveness of implemented plans, it will be necessary to modify periodically containment boundaries and dates identified for elimination of populations designated for eradication. 8.5. August 12, 2008 – Effective September 30, 2008 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2007).

The purposes of these amendments to the rules are to: (1) develop and implement state noxious weed management plans for selected List B species; (2) revise existing state noxious weed management plans for selected List B species; (3) reclassify two of the currently listed noxious weeds to different categories; and (4) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B 3. The proposed plans have been developed in consultation with the state noxious weed advisory 8.6. July 16, 2009 – Effective August 30, 2009 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2008).

The purposes of these amendments to the rules are to: (1) develop and implement state noxious weed management plans for selected List B species; (2) revise existing state noxious weed management plans for selected List B species; (3) reclassify one of the currently listed noxious weeds to a different category;

(4) eliminate one of the currently listed noxious weeds from one of two categories; and (5) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

The proposed amendments to the rules are as follows:

1. Deletion from Rule 4.3 of the existing language stating that noxious weed management plans will be developed for Eurasian watermilfoil, Hoary cress, Russian knapweed, and sulfur cinquefoil for 2008 – 2009.

2. Addition to Rule 4.3 of new language to establish noxious weed management plans for Eurasian watermilfoil, scentless chamomile, musk thistle, bull thistle, and Scotch thistle for 2009-2010.

3. Addition of Mesa County to the list of Colorado counties in Rule 4.7.11A where elimination of Perennial pepperweed is required.

4. Addition of a new paragraph B to Rule 4.7.11 to require elimination of all populations of Perennial pepperweed in Mesa County prior to seed development in 2012.

5. Addition of new Rule 4.7.16 to establish noxious weed management plans for Hoary cress (Cardaria draba).

6. Addition of new Rule 4.7.17 to establish noxious weed management plans for Russian knapweed (Centaurea repens).

7. Addition of new Rule 4.7.18 to establish noxious weed management plans for Sulfur cinquefoil (Potentilla recta).

8. Addition of figures 149 to 185 in Rule 4.8 map numbers to reflect the new noxious weed management plans for Hoary cress, Russian knapweed, and Sulfur cinquefoil.

9. Deletion of Jointed goatgrass (Aegilops cylindrical) from List C in Rule 5.1.

10. Addition of Redstem filaree (Erodium cicutarium) to List C in Rule 5.1.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B 3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for Hoary cress (Cardaria draba), Russian knapweed (Centaurea repens), and sulfur cinquefoil (Potentilla recta).

4. To maintain the effectiveness of implemented plans, it will be necessary to modify periodically containment boundaries and dates identified for elimination of populations designated for eradication. Dates specified for elimination that expire by 2009 will be reviewed and modified accordingly.

5. As per the recommendation of the Colorado Noxious Weed Advisory Committee, the removal of Jointed goatgrass (Aegilops cylindrical) from List C as it has previously been added to List B.

6. As per the recommendation of the Colorado Noxious Weed Advisory Committee, the addition of Redstem filaree (Erodium circutarium) to List C as populations are too numerous in the state to feasibly require elimination. 8.7. June 10, 2010 – Effective July 30, 2010 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2009).

The purpose of these amendments to the rules are to: (1) develop and implement state noxious weed management plans for selected List B species; (2) revise existing state noxious weed management plans for selected List B species; (3) add “ordinary high water mark” to the definitions; (4) revise existing rules to incorporate definition of ordinary high water mark; (5) identify priority List B species, among other possible List species, for which the Commissioner intends to develop and implement state noxious weed management plans; (6) make non-substantive edits to clarify where the exceptions requiring elimination along roads and streams apply; and (7) correct non-substantive typographical errors and update internal citations to reflect new rules.

1. Delete from Rule 4.3 the existing language stating that noxious weed management plans will be developed for Eurasian watermilfoil, scentless chamomile, musk thistle, bull thistle, and Scotch thistle for 2009 - 2010.

2. Add to Rule 4.3 new language to initiate the development and implementation noxious weed management plans for Dame’s rocket, Russian-olive, Common teasel, Cutleaf teasel, Canada thistle, and Quackgrass in 2010 – 2011.

3. Add “ordinary high water mark” to Part 1 Definitions, 1.7.

4. Replace current language referring to high water line with new language using the definition of “ordinary high water mark” in the Rules for the following species: Chinese clematis, leafy spurge, hoary cress, and Russian knapweed.

5. Add new Rule 4.7.19 to establish a noxious weed management plan for Bull thistle (Cirsium vulgare).

6. Add new Rule 4.7.20 to establish a noxious weed management plan for Eurasian watermilfoil (Myriophyllum spicatum).

7. Add new Rule 4.7.21 to establish a noxious weed management plan for Musk thistle (Carduus nutans).

8. Add of new Rule 4.7.22 to establish a noxious weed management plan for Scentless chamomile (Matricaria perforata).

9. Add new Rule 4.7.23 to establish a noxious weed management plan for Scotch thistle (Onopordum acanthium and Onopordum tauricum).

10. Add new figures 186 to 222 in Rule 4.8 to reflect the new noxious weed management plans for Bull thistle, Eurasian watermilfoil, Musk thistle, Scentless chamomile, and Scotch thistle.

11. Add Routt County to the list of Colorado counties in Rule 4.7.16U where suppression of Hoary cress is the specified state management objective.

12. Make non-substantive edits to language in Rules 4.7.1, Absinth wormwood; 4.7.2, Chinese clematis; 4.7.3, Plumeless thistle; 4.7.4, Spotted knapweed; 4.7.6, Black henbane; 4.7.7, Diffuse knapweed; 4.7.8, Oxeye daisy; 4.7.9, Yellow toadflax; 4.7.10, Houndstongue; 4.7.11, Perennial pepperweed; 4.7.12, Dalmatian toadflax; 4.7.13, Leafy spurge; 4.7.16, Hoary cress; 4.7.17, Russian knapweed; and 4.7.18 Sulfur cinquefoil to clarify where the exceptions requiring elimination along roads and streams apply.

13. Revise existing language on figures 1-185 to reflect non-substantive edits to clarify that exceptions requiring elimination along roads and streams apply.

14. Correct non-substantive typos in the following rules: 4.4; 4.5; 4.7.4C; and 4.7.7T.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act require the Commissioner to develop and implement state noxious weed management plans for selected List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B 3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for Bull thistle (Cirsium vulgare), Eurasian watermilfoil (Myriophyllum spicatum), Musk thistle (Carduus nutans), Scentless chamomile (Matricaria perforate), and Scotch thistle (Onopordum acanthium and Onopordum tauricum).

3. To maintain the effectiveness of implemented plans, it is necessary to modify periodically containment boundaries and dates specified for elimination of populations designated for eradication. Routt County is being added to the list of counties where suppression is the state management objective for hoary cress in 4.7.16U based on new data the department received in 2010.

4. The new definition of “Ordinary High water mark” is intended to clarify the areas adjacent to streams and rivers in which certain species must be eliminated. 8.8. November 8, 2011 – Effective December 30, 2011 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority The purpose of these amendments to the rules are to: (1) designate additional species of noxious weeds for inclusion in the current categories (Lists A and C) listed in Parts 3 and 5 of the existing Rules; (2) move one noxious weed species from List A to the Watch List, and delete its management plan from Part 3; (3) develop and implement new state noxious weed management plans for additional species listed for statewide eradication (List A); (4) develop and implement state noxious weed management plans for selected List B species; (5) correct a management plan in Part 4; (6) add a new list (Watch List) at Part 6 and (7) correct non-substantive typographical errors and update internal citations to reflect new rules.

5. Add to Rule 3.1 the following species: Elongated mustard (Brassica elongata), Giant reed (Arundo donax), Japanese knotweed (Polygonum cuspidatum), Giant knotweed (Polygonum sachalinense) and Bohemian knotweed(Polygonum x bohemicum).

6. Move Sericea lespedeza (Lespedeza cuneata) from List A to the Watch List.

7. Delete 3.6.15, the management plan for Sericea lespedeza (Lespedeza cuneata).

8. Add new Rule 3.6.18 to establish a noxious weed management plan for Elongated mustard (Brassica elongata).

9. Add new Rule 3.6.19 to establish a noxious weed management plan for Giant reed (Arundo donax).

10. Add new Rule 3.6.20 to establish a noxious weed management plan for Japanese knotweed (Polygonum cuspidatum).

11. Add new Rule 3.6.21 to establish a noxious weed management plan for Giant knotweed (Polygonum sachalinense).

12. Add new Rule 3.6.22 to establish a noxious weed management plan for Bohemian knotweed (Polygonum x bohemicum).

13. Revise Rule 4.7.17.S to correct management techniques for Russian knapweed (Centaurea repens); and to remove Jefferson from list of counties in 4.7.17.A.

14. Revise Rule 4.7.22.G. to add Jefferson to the list of counties in 4.7.22.A.

15. Add new Rule 4.7.24 to establish a noxious weed management plan for Common teasel (Dipsacus fullonum).

16. Add new Rule 4.7.25 to establish a noxious weed management plan for Cutleaf teasel (Dipsacus laciniatus).

17. Add new Rule 4.7.26 to establish a noxious weed management plan for Dame’s rocket (Hesperis matronalis.

18. Add new Rule 4.7.27 to establish a noxious weed management plan for Jointed goatgrass (Aegilops cylindrica).

19. Add new Rule 4.7.28 to establish a noxious weed management plan for Moth mullein (Verbascum blattaria).

20. Add new figures 223 through 257 to Rule 4.8 to reflect the new noxious weed management plans for common teasel, cutleaf teasel, dame’s rocket, jointed goatgrass and moth mullein, 17. Add to Rule 5.1 Bulbous bluegrass (Poa bulbosa).

21. Add a new Part 6 Watch List Species.

22. Make non-substantive corrections of typographical errors in the rule in sections 4.7.4.E, 4.7.5.D, and 5.1.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The Colorado Noxious Weed Act authorizes the Commissioner to designate by rule those species placed in List A and subject to eradication wherever detected statewide in order to protect neighboring lands and the state as a whole. The following new species have been determined to present a threat to the economic and environmental value of the state of Colorado are placed on List A: Elongated mustard (Brassica elongata), Giant reed (Arundo donax), Japanese knotweed (Polygonum cuspidatum), Giant knotweed (Polygonum sachalinense), and Bohemian knotweed (Polygonum x bohemicum 2. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 4. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List A species Elongated mustard (Brassica elongata), Giant reed (Arundo donax), Japanese knotweed (Polygonum cuspidatum), Giant knotweed (Polygonum sachalinense), and Bohemian knotweed (Polygonum x bohemicum, and List B species Common teasel (Dipsacus fullonum), Cutleaf teasel (Dipsacus laciniatus), Dame’s rocket (Hesperis matronalis, Jointed goatgrass (Aegilops cylindrical), and Moth mullein (Verbascum blattaria).

5. The change to Rule 3.1 and 3.6.16 is due in order to move Sericea lespedeza (Lespedeza cuneata) from List A to the Watch List based on information gathered about the species that makes it less likely to appear in the state, but still worthy of continuing observation.

6. The change to Rule 4.7.17.A is due in order to implement Jefferson County’s request that it be removed from the list of counties excepted from the requirement of eliminating Russian knapweed (Centaurea repens) from within its borders.

7. The change to Rule 4.7.17.S is due in order to correct the management techniques for Russian knapweed (Centaurea repens) which include hand pulling and digging. Due to the extensive root systems of this species, hand pulling and digging are not considered to be effective in most instances, while mowing in combination with herbicide application is considered more effective.

8. The change to Rule 5.1 adds Bulbous bluegrass (Poa bulbosa) to List C, reflecting its invasive qualities as determined by a plant assessment process, and also recognizing its widespread distribution.

9. The change to Part 6 of the rule is due in order to create a new, non-regulatory invasive species list, called the Watch List. The purpose of the list is to encourage the identification and reporting of these species so that, in consultation with the state noxious weed advisory committee, local governments and other interested parties, the Commissioner may determine which of these species should be designated as noxious weeds. 8.9. August 6, 2012 - Effective September 30, 2012 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority The purpose of these amendments to the rules are to: (1) designate additional plant species for inclusion on the Watch List; (2) develop and implement state noxious weed management plans for selected List B species; (3) correct scientific names of six noxious weed species to remain consistent with authoritative sources; (4) add management plan maps to accompany new management plans; and (5) correct nonsubstantive typographical errors and update internal citations to reflect new rules.

10. Correct in Rule 3.1, 3.6.2, and 3.6.8 the scientific names for camelthorn and meadow knapweed.

11. Correct in Rule 4.1, 4.7.4, 4.7.8, and 4.7.22 the scientific names for oxeye daisy, quackgrass, scentless chamomile and spotted knapweed.

12. Revise Rule 4.7.13 A and F to require Custer County to eradicate leafy spurge in its jurisdiction.

13. Revise Rule 4.7.22 to combine management plans for corn chamomile (Anthemis arvensis) and mayweed chamomile (Anthemis cotula), with the existing management plan for scentless chamomile (Tripleurospermum perforatum).

14. Add new Rule 4.7.29 to establish a noxious weed management plan for bouncingbet (Saponaria officinalis).

15. Add new Rule 4.7.30 to establish a noxious weed management plan for common tansy (Tanacetum vulgare).

16. Add new Rule 4.7.31 to establish a noxious weed management plan for wild caraway (Carum carvi).

17. Add to Rule 6.1 garlic mustard (Alliaria petiolata) and yellow flag iris (Iris pseadocorus).

18. Add new figures 258 through 264, revise figures 204 through 208, and remove figure 123 to Rule 4.8 to reflect the new noxious weed management plans for corn chamomile, mayweed chamomile, bouncingbet, common tansy and wild caraway.

19. Revise rule 4.3 to update species of special interest for future management plans.

20. Make non-substantive corrections of typographical errors in the rule in section 6.1.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 4. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List B species corn chamomile (Anthemis arvensis), mayweed chamomile (Anthemis cotula), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare) and wild caraway (Carum carvi). The management plans for the chamomiles are combined due to the similarity of the species, distribution, and management measures.

5. The change to Rule 4.7.13 A and F is due in order to implement Custer County’s request that it be removed from the list of counties exempted from the requirement of eliminating leafy spurge (Euphorbia esula) from within its borders.

6. The change to Rule 6.1 is to add garlic mustard (Alliaria petiolata) and yellow flag iris (Iris pseadocorus) to the Watch List, given their current unknown noxious qualities and the need for closer statewide observation. 8.10. February 12, 2014 – Effective March 30, 2014 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority The purpose of these amendments to the rules are to: (1) designate additional plant species for inclusion on the Watch List; (2) develop and implement state noxious weed management plans for selected List B species; (3) revise parts of the rule pertaining to roadway and water vectors; (4) add management plan maps to accompany new management plans; and (5) correct non-substantive typographical errors and update internal citations to reflect new rules.

7. In Part 1, Definitions, delete the definition of “Division” and add the definition of “Public open space”.

8. Revise timeframes of List B management plans to replace the current specific year requirement with an ongoing goal requirement.

9. Revise Rule 4.3 to update the species of special interest for future management plan revisions.

10. Revise public road ROW language for Rules 4.7.1.E, 4.7.2.H, 4.7.3.H, 4.7.4.D, 4.7.6.H, 4.7.7.V, 4.7.8.T, 4.7.9.X, 4.7.10.P, 4.7.11.V, 4.7.12.T, 4.7.13.AD, 4.7.16.V, 4.7.17.Q, 4.7.18.G, 4.7.19.H, 4.7.21.M, 4.7.22.H, 4.7.23.Q, 4.7.24.M, 4.7.25.F, 4.7.26.L, 4.7.27.L, 4.7.28.F, 4.7.29.F, 4.7.30.E, and 4.7.31.E.

11. Revise Rule 4.7.13 to correct typographical errors.

12. Revise requirements for stream corridor management for Rules 4.7.21.C,D,F,G,H,J,N;

4.7.22.B,E,I; 4.7.23.B,C,F,G,H,I,J,K,L,N,O,R; 4.7.24.F,G,H,J,K,N; 4.7.25.C,D,G; 4.7.26.D,G,H,I,J,M; 4.7.29.C,D,G; 4.7.30.B,C,F; and 4.7.31.B,F.

7. Revise Rules 4.7.24, 4.7.25, 4.7.26, 4.7.27, 4.7.28, 4.7.29, 4.7.30 and 4.7.31, to add standard language for management techniques and seed longevity that were previously inadvertently omitted.

8. Add new Rule 4.7.32 to establish noxious weed management plans for yellow nutsedge (Cyperus esculentus).

9. Add new Rule 4.7.33 to establish noxious weed management plans for quackgrass (Elymus repens).

10. Add new Rule 4.7.34 to establish noxious weed management plans for Canada thistle (Cirsium arvense).

11. Add new Rule 4.7.35 to establish noxious weed management plans for Russian-olive (Elaeagnus angustifolia).

12. Add to Rule 6.1 Brazilian egeria, Brazilian elodea (Egeria densa), parrotfeather (Myriophyllum aquaticum), yellow floatingheart (Nymphoides peltata) and yellowtuft (Alyssum murale, Alyssum corsicum).

13. Make non-substantive changes in Rules 3.6, 4.7 and 6.1 to correct typographical errors.

14. Add new figures 266-294 to reflect new noxious weed management plans for yellow nutsedge, quackgrass, Canada thistle and Russian-olive.

15. Revise figures 195, 196, 198, 199, 200, 202, 204, 207, 209, 210, 213, 214, 215, 216, 217, 218, 219, 221, 222, 227, 228, 229, 231, 232, 234, 235, 236, 239, 240, 241, 242, 259, 260, 261, 262, 264 to correct references to the rule narrative.

16. Remove figure 23 in order to update a previous change to the management objective for diffuse knapweed in Gilpin County.

17. Revise rule 7 to clarify compliance waiver procedures due to the establishment of Rule 4.7.35 (Russian-olive).

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 4. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List B species yellow nutsedge (Cyperus esculentus) (4.7.32), quackgrass (Elymus repens) (4.7.33), Canada thistle (Cirsium arvense) (4.7.34), and Russian-olive (Elaeagnus angustifolia) (4.7.35).

5. The plan developed to control Russian-olive (4.7.35) requires removal in public open spaces and along intermittent and perennial streams and rivers, lakes and reservoirs. While planted originally for windbreaks and landscaping, Russian-olive has spread along waterways and has degraded wildlife habitat, replaced native trees such as cottonwoods and willows in many areas, and has disrupted agricultural operations by invading pastures and blocking irrigation facilities.

6. The changes to Rules 4.7.1, 4.7.2, 4.7.3, 4.7.4, 4.7.6, 4.7.7, 4.7.8, 4.7.9, 4.7.10, 4.7.11, 4.7.12, 4.7.13, 4.7.16, 4.7.17, 4.7.18, 4.7.19, 4.7.21, 4.7.22, 4.7.23, 4.7.24, 4.7.25, 4.7.26, 4.7.27, 4.7.28, 4.7.29, 4.7.30, and 4.7.31 regarding road ROWs are due in order to clarify the extent of treatment required along public roads and parking areas, and that such treatments are to occur annually.

7. The changes to Rules 4.7.21, 4.7.22, 4.7.23, 4.7.24, 4.7.25, 4.7.26, 4.7.29, 4.7.30 and 4.7.31 regarding stream corridor management are due in order to clarify the extent of treatment required along the state’s waterways, and to synchronize the treatment of such waterways across county boundaries and when a waterway forms the boundary between counties.

8. The change to Rule 6.1 adds Brazilian egeria, Brazilian elodea (Egeria densa), parrotfeather (Myriophyllum aquaticum), yellow floatingheart (Nymphoides peltata) and yellotuft (Alyssum murale, Alyssum corsicum) to the Watch List, given their current unknown noxious qualities and the need for closer statewide observation. 8.11. November 12, 2014 – Effective December 30, 2014 These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority The purpose of these amendments to the rules are to: (1) designate an additional plant species for inclusion on List A, and an additional plant species to inclusion to the Watch List; (2) revise figure numbering to add clarity to the rule; (3) Update management plans for seven species; (4) remove two plant species from List B, and move one plant species from List B to List C; and (5) correct nonsubstantive typographical errors and update internal citations to reflect new rules.

9. In Parts 3.1 and 3.6.23, add hairy willow-herb (Epilobium hirsutum) to List A.

10. In Parts 4.1, 4.7 and 4.8, revise figure numbers for all List B species.

11. In Part 4.1, remove quackgrass (Elymus repens), spurred anoda (Anoda cristata) and Venice mallow (Hibiscus trionum) from List B.

12. Revise Rule 4.3 to update the species of special interest for future management plan revisions.

13. Revise Rules 4.7.1, 4.7.4, 4.7.5, 4.7.8, and 4.7.10 to update the monitoring period for these List B species: absinth wormwood (Artemisia absinthium), spotted knapweed (Centaurea stoebe), salt cedar(Tamarix chinensis, T. parviflora, and T. ramosissima), oxeye daisy (Leucanthemum vulgare), and houndstongue (Cynoglossum officinale).

14. Revise Rule 4.7.1 to update the management plans for absinth wormwood (Artemisia absinthium).

15. Revise Rule 4.7.2 to update the management plans for Chinese clematis (Clematis orientalis).

16. Revise Rule 4.7.3 to update the management plans for plumeless thistle (Carduus acanthoides).

17. Revise Rule 4.7.4. to update the management plans for spotted knapweed (Centaurea stoebe).

18. Revise Rule 4.7.6 to update the management plans for black henbane (Hyoscyamus niger).

19. Revise Rule 4.7.8 to update the management plans for oxeye daisy (Leucanthemum vulgare).

20. Revise Rule 4.7.10 to update the management plans for houndstongue (Cynoglossum officinale).

21. Remove management plans for spurred anoda (Anoda cristata) (4.7.14), Venice mallow (Hibiscus trionum) (4.7.15) and quackgrass (Elymus repens) (4.7.33).

22. In Part 5.1, add quackgrass (Elymus repens) to List C.

23. In Part 6.1, add garden loosestrife (Lysimachia vulgaris) to the Watch List, and remove hairy willow-herb (Epilobium hirsutum) from the Watch List.

The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List B species absinth wormwood (Artemisia absinthium), Chinese clematis (Clematis orientalis), plumeless thistle (Carduus acanthoides), spotted knapweed (Centaurea stoebe), black henbane (Hyoscyamus niger), for oxeye daisy (Leucanthemum vulgare), and houndstongue (Cynoglossum officinale).

4. After consulting with noxious weed experts, weed managers, agricultural producers and the state noxious weed advisory committee, it was determined that quackgrass (Elymus repens), spurred anoda (Anoda cristata) and Venice mallow (Hibiscus trionum) no longer met the criteria for List B.

Quackgrass was moved to List C and spurred anoda and Venice mallow will no longer be included in the noxious weed list.

5. The numerical revisions to existing figures for List B species were done in order to bring additional clarity to these rules, and to establish a more coherent approach to mapping figures, especially given that these maps will continue to be revised and updated in future years.

6. The changes to the Watch List reflect the determination that hairy willow-herb may pose in the near future a significant threat to agricultural productivity and native plant communities of the state, and should be eradicated while still possible, thus warranting its placement on List A.

Garden loosestrife has been found in limited areas of the state and has exhibited invasive qualities, and thus merits closer statewide observation prior to any listing decision. 8.12. November 10, 2015 – Effective December 30, 2015 These amendments to the Rules are adopted by the Commissioner of Agriculture pursuant to his

authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S.

The purposes of these amendments to the Rules are to: (1) designate two species for inclusion on List A, and two hybrid species for inclusion on List B; (2) Update management plans for nine species; (3) revise figure numbering to add clarity to the Rule; and (4) correct non-substantive typographical errors and update internal citations to reflect new Rules.

1. Move flowering rush (Butomus umbellatus) from the Watch List to List A [Rule 3.6.24].

2. Move parrotfeather (Myriophyllum aquaticum) from the Watch List to List A [Rule 3.6.25].

3. In Parts 4.1 and 4.7.4., add spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa) to List B.

4. In Parts 4.1 and 4.7.12., add yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica) to List B.

5. Revise Rule 4.3 to update the species of special interest for future management plan revisions.

6. Revise Rule 4.7.5 to update the management plan for salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima).

7. Revise Rule 4.7.7 to update the management plan for diffuse knapweed (Centaurea diffusa).

8. Revise Rule 4.7.9., to update the management plan for yellow toadflax (Linaria vulgaris).

9. Revise Rule 4.7.11., to update the management plan for perennial pepperweed (Lepidium latifolium).

10. Revise Rule 4.7.12. to update the management plan for Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), including the addition of the hybrid species.

11. Revise Rule 4.7.13., to update the management plan for leafy spurge (Euphorbia esula).

12. Revise Rule 4.7.16 to update the management plan for hoary cress (Cardaria draba).

13. Revise Rule 4.7.17., to update the management plan for Russian knapweed (Centaurea repens).

14. Revise Rule 4.7.35., to update the management plan for Russian-olive (Elaeagnus angustifolia).

15. Delete Figures 3.01-3.04, 4.01, 4.02, 6.04-6.07, 6.09, 6.11, 6.12, 6.14, 8.01, 8.03, 8.06, 8.09, 8.12, 8.14, 8.15, 8.18-8.20, 10.02, 10.04, 10.06-10.08, 10.11, 10.14, 10.16, 11.01, 11.06, 11.10- 11.13, 11.16, 12.05, 12.06, 12.09, 12.10, 12.13, 12.14, 12.18, 12.19, 12.23, 12.24, 13.02, 13.08- 13.10, 13.13-13.16, 13.18, 14.01, 14.02, 14.05, 14.08, 14.09, and 14.11-14.13 to update the management plan for spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa), salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), and Russian knapweed (Centaurea repens).

16. Delete and replace Figures 4.03-4.05, 6.01-6.03, 6.08, 6.10, 6.13, 6.15, 8.02, 8.04, 8.05, 8.07, 8.08, 8.10, 8.11, 8.13, 8.16, 8.17, 10.01, 10.03, 10.05, 10.09, 10.10, 10.12, 10.13, 10.15, 10.17, 10.18, 11.02-11.05, 11.07-11.09, 11.14, 11.15, 11.17, 12.01-12.04, 12.07, 12.08, 12.11, 12.12, 12.15-12.17, 12.20-12.22, 12.25-12.27, 13.01, 13.03-13.07, 13.11, 13.12, 13.17, 13.19, 14.03, 14.04, 14.06, 14.07, 14.10, and 14.14 to update the management plan for salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), and Russian knapweed (Centaurea repens).

17. Add Figures 3.01-3.04, 4.01-4.13, 6.01-6.11, 8.01-8.14, 10.01-10.14, 11.01-11.10, 12.01-12.19, 13.01-13.21, and 14.01-14.11 to update the management plan for spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa), salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), and Russian knapweed (Centaurea repens).

18. These revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

The factual and policy issues encountered in the proposal of these amendments to the Rules are as 1. The current Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for the following List B species: spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa), salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), Russian knapweed (Centaurea repens) and Russian-olive (Elaeagnus angustifolia).

4. The changes to List A reflect the determination that flowering rush (Butomus umbellatus) and parrotfeather (Myriophyllum aquaticum) may pose in the near future a significant threat to agricultural productivity and native plant communities of the state, and should be eradicated while still possible, thus warranting their placement on List A. 8.13. Adopted February 8, 2017 – Effective March 30, 2017 These amendments to the Rules are adopted by the Commissioner pursuant to his authority under the Colorado Noxious Weed Act §§ 35-5.5-108 and 115, C.R.S.

The purpose of these amendments are to: remove one species from the Watch List; add one species to the Watch List; update management plans for seven List B species; remove figures from the Rule; correct non-substantive typographical errors; update the numbering system to be consistent with other Department Rules; and update internal citations to reflect new Rules.

1. Update the species of special interest for future management plan revisions.

2. Update the management plans for: bull thistle (cirsium vulgare); Eurasian watermilfoil (Myriophyllum spicatum); musk thistle (Carduus nutans); scotch thistle (Onopordum acanthium, O. tauricum); common teasel (Dipsacus fullonum); cutleaf teasel (Dipsacus laciniatus); and jointed goatgrass (Aegilops cylindrica).

3. Remove yellowtuft (Alyssum murale) from the Watch List, and add hoary alyssum (Berteroa incana) to the Watch List.

4. Remove figures from the Rule and provide them separately via the Departments website.

5. The revisions incorporate changes as a result of the Department’s Regulatory Efficiency Review Process.

The factual and policy issues encountered in the proposal of these amendments to the Rules are as 1. The current Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for the following List B species: bull thistle (Cirsium vulgare), musk thistle (Carduus nutans), scotch thistle (Onopordum acanthium, O. tauricum), common teasel (Dipsacus fullonum), cutleaf teasel (Dipsacus laciniatus), jointed goatgrass (Aegilops cylindrica) and Eurasian watermilfoil (Myriophyllum spicatum).

4. The changes to the Watch List reflect the determination that yellowtuft (Alyssum murale) is no longer considered a significant threat to agricultural productivity and native plant communities of the state, and should be removed from this list; and that hoary alyssum (Berteroa incana) may become a significant threat and requires additional monitoring and investigation by adding it to the Watch List.

5. The figures currently included in the Rule are intended to serve as a visual aid in understanding the text of the Rule, they are being removed. To avoid any confusion in the case of an inconsistency between a figure and the Rule text, the figures will be provided separately on the Department’s website. If a figure contains information that is inconsistent with the text of a Rule the text will prevail as it alone constitutes the legally binding Rule. 8.14. Adopted February 22, 2018– Effective March 30, 2018 These amendments to the Rules are adopted by the Commissioner pursuant to his authority under the Colorado Noxious Weed Act §§ 35-5.5-108(2.3) and 115, C.R.S.

The purpose of these amendments are to: clarify the form and types of mapping data to be submitted by local governing bodies; remove one species from List B; correct species spellings for two List B species; update management plans for eight List B species; move rule language regarding riparian areas and road rights-of-way so that they appear at the beginning of the List B species rather than repeated throughout the rule; and correct non-substantive typographical, numerical and formatting errors.

1. Revise Part 3.5 to allow the Commissioner to specify the form and types of mapping data required to be submitted for List A species.

2. Revise Part 4.1 to remove corn chamomile (Anthemis arvensis) from List B, and to correct the common names for mayweed chamomile and the scientific name for scentless chamomile (Tribleurospermum indorum), according to The Flora of North America.

3. Revise Part 4.2 to specify a rotation schedule for keeping management plans for List B species up to date.

4. Revise Part 4.3 to update the species of special interest for future management plan revisions, and to specify that local governing bodies should, to the maximum extent possible, provide mapping data in a form and type approved by the Commissioner.

5. Revise Part 4.6 to consolidate noxious weed management in riparian area rules at the beginning of Part 4 and to establish a consistent riparian setback distance of 100 feet for List B species.

6. Revise Part 4.8 to consolidate rule language regarding public rights-of-ways, roads, highways, and appurtenant easements at the beginning of Part 4.

7. Update the management plans for: sulfur cinquefoil (Potentilla recta), scentless chamomile (Tripleurospermum inordorum), mayweed chamomile (Anthemis cotula), dame's rocket (Hesperis matronalis), moth mullein (Verbascum blattaria), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare) and wild caraway (Carum carvi).

8. Revise Part 6.1 to correct the scientific name for Himalayan blackberry (Rubus discolor) based upon up-to-date information provided in The Flora of North America.

9. Revise the Rules to correct non-substantive typographical and formatting errors and to update numerical references for accuracy The factual and policy issues encountered in the proposal of these amendments to the Rules are as 1. The current Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for the following List B species: sulfur cinquefoil (Potentilla recta), scentless chamomile (Tripleurospermum indorum), mayweed chamomile (Anthemis cotula), dame's rocket (Hesperis matronalis), moth mullein (Verbascum blattaria), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare) and wild caraway (Carum carvi).

10. The revisions to Part 4.1 reflect the determination, supported by evidence reviewed by the Department, that corn chamomile is rare and that most of the chamomile found in Colorado is either scentless or mayweed/stinking chamomile.

11. The revisions to Part 4.3 clarify that information on distribution and abundance of certain List B species, including mapping data, relate to a rolling list of List B species that changes annually.

The changes to the Rule also clarify the relationship between data submission and statewide management plans.

6. The Department is consolidating rule requirements for riparian area management in a new Part 4.6. This revision should clarify and shorten the Rule.

7. The revisions to this new Part 4.6 apply a setback distance of 100 feet from the ordinary high water mark. The Department derived this setback distance based upon its review of a collection of evidence indicating that this setback distance is where natural disturbance, such as sediment and soil seed bank movement, can be accommodated, while still protecting the physical, chemical, and biological integrity of streams and rivers. This consolidation of these requirements in Part 4.6 ensures the setback distance is applied consistently throughout the rule.

8. The Department is consolidating Rule requirements regarding public rights-of-ways, roads, highways and appurtenant easements in a new Part 4.7. This revision replaces the previous format where this same language appeared in all List B species management plans.

9. The revision to Part 6.1 is to be consistent with the scientific name in the Flora of North America for the synonym for Himalayan blackberry (Rubus armeniacus). 8.15. Adopted September 9, 2020 – Effective October 30, 2020 These amendments to the Rules are adopted by the Commissioner pursuant to her authority under the The purpose of these amendments are to: update the management plans for 16 List B species; update the scientific names for four List A species and four List B species; remove the Watch List; and update deadlines associated with treatment of management throughout the Rule.

10. Revise Part 3.1 to update the scientific names of four List A species: Japanese knotweed, from Polygonum cuspidatum to Fallopia japonica; Giant knotweed, from Polygonum sachalinense to Fallopia sachalinense; Bohemian knotweed, from Fallopia x bohemicum to Fallopia bohemicum; and meadow knapweed, from Centaurea nigrescense to Centaurea moncktonii following scientifically accepted taxonomy and nomenclature in the Integrated Taxonomic Information System.

11. Revise Parts 3.5.2 and 4.3.1.2 to clarify that the Department is collecting data in a manner that permits it to measure abundance, including, but not limited to, the listed examples in the revised

Rule.

3. Revise Parts 3.5.3 and 4.3.1.3. to distinguish infested area from gross area.

4. Revise Part 4.1 to update the scientific names of four List B species: Hoary cress, from Cardaria draba to Lepidium draba; Russian knapweed, from Acroptilon repens to Rhaponticum repens;

Spotted knapweed, from Centaurea stoebe to Centaurea stoebe ssp. micranthos; and Spotted x diffuse knapweed hybrid, from Centaurea x psammogena c. stoebe x C. diffusa ssp. micranthos to Centaurea x psammogena following scientifically accepted taxonomy and nomenclature in the Integrated Taxonomic Information System.

5. Revise Part 4.3 to identify a subset of species of special interest for future management plan revisions, consistent with a rotation schedule that divides noxious species into cohorts of five to seven species. The division of species into scheduled cohorts is necessary to make statewide management plan updates manageable. Cohorts are grouped by taxa and expiration dates where possible.

6. Revise Part 4.8 to update the management plans for: absinth wormwood (Artemisia absinthium), black henbane (Hyoscyamus niger), Canada thistle (Cirsium arvense), Chinese clematis (Clematis orientalis), diffuse knapweed (Centaurea diffusa), hoary cress (Cardaria draba), houndstongue (Cynoglossum officinale), leafy spurge (Euphorbia esula), oxeye daisy (Leucanthemum vulgare), plumeless thistle (Carduus acanthoides), Russian-olive (Elaeagnus angustifolia), salt cedar (Tamarix chinensis and T. ramosissima), spotted knapweed (Centaurea stoebe L. ssp. micranthos), diffuse knapweed (Centaurea diffusa), spotted x diffuse knapweed hybrid (Centaurea x psammogena), and yellow nutsedge (Cyperus esculentus). The new Rules also remove T. parviflora from Part 4.8.

7. Revise Part 4.8 to change management plan expiration dates from a 5-year rotation schedule to a 10-year rotation schedule while scheduling species that are over-due for management plan updates as a first priority and maintaining taxonomic cohorts when possible.

8. Remove Part 6 from the Rules.

9. Revise the Rules to correct non-substantive typographical, grammatical and formatting errors and to update numerical references for accuracy.

The factual and policy issues encountered in the proposal of these amendments to the Rules are as 1. The Department learned that the names of certain weed species were no longer correct.

Therefore, the Department has revised the scientific names of certain List A and List B species to reflect current scientific nomenclature.

2. The Department was not receiving information that consistently provided a quantifiable abundance of reported noxious weed species. Therefore, the Department revised the Rules to ensure that it receives data that measure abundance. The Department prefers to receive such information in the form of percent cover of noxious weed species, but it will accept other measures of abundance from reporting counties, localities, etc.

3. The Rules previously referenced “gross area” instead of “infested area.” Gross area overestimates the magnitude and severity of an infestation because it includes land cover other than noxious weed species (e.g., roads, bare mineral soil, native plants, structures). Infested area, however, provides site-specific information that describes the current magnitude and severity of noxious weed species only and, as such, is more consistent with the language of the statute.

4. The amendments to Part 4.3 update the weed species for which the Department collects information on distribution and abundance from local governments. Specifically, the Rule amendments replace absinth wormwood, Canada thistle, plumeless thistle, Russian olive, salt cedar, and yellow nutsedge with common teasel, cutleaf teasel, yellow toadflax, Dalmatian toadflax, and yellow x Dalmatian toadflax hybrid.

5. The Department worked with statewide weed managers, county weed managers, the state Noxious Weed Advisory Committee, conservation districts, and other interested parties between March 2018 and March 2020 to collect data and, based on that data, develop revised weed management plans for the following List B species: absinth wormwood (Artemisia absinthium), black henbane (Hyoscyamus niger), Canada thistle (Cirsium arvense), Chinese clematis (Clematis orientalis), diffuse knapweed (Centaurea diffusa), hoary cress (Cardaria draba), houndstongue (Cynoglossum officinale), leafy spurge (Euphorbia esula), oxeye daisy (Leucanthemum vulgare), plumeless thistle (Carduus acanthoides), Russian-olive (Elaeagnus angustifolia), salt cedar (Tamarix chinensis and T. ramosissima), spotted knapweed (Centaurea stoebe ssp. micranthos), diffuse knapweed (Centaurea diffusa), spotted x diffuse knapweed hybrid (Centaurea x psammogena), and yellow nutsedge (Cyperus esculentus).

6. Plan revisions included creating or changing containment zone boundaries and updating containment, suppression, or eradication objectives. In making these changes, the Department relied upon the data submitted into EDDMapS, a web-based mapping system for documenting invasive species and pest distribution, by local governments. Specifically, local governments provided occurrence records showing the distribution and abundance for the above-named species. Local governments collected these data using different resources, including local weed program employees, private contractors, citizen scientists, volunteers, Colorado Parks and Wildlife, USDA Forest Service, and/or state conservation districts. The Department reviewed and analyzed the data using peer-reviewed methods of analysis to determine with a high degree of confidence where occurrences are clustered; where such clusters are randomly dispersed versus concentrated; where the center of infestation appears; the direction, length, and width of an infestation; and where appearances are or are not statistically significant. These data and the Department’s geostatistical analysis of the same served as the basis for the Department’s determination of containment area boundaries and management objectives.

7. Smallflower tamarisk (Tamarix parviflora) currently appears on List B. However, this weed species is not known to be present in Colorado, and scientific evidence does not support its inclusion on List B. Therefore, the Department is removing smallflower tamarisk from List B.

8. The Department is removing Part 6, the Watch List, from the Rules so that it can update the Watch List in real-time. Such a revision furthers the goals of early detection of invasive plants and a rapid response to their control when necessary. 8.16. Adopted March 16, 2023 – Effective May 15, 2023 These amendments to the Rules are adopted by the Commissioner pursuant to her authority under the The purpose of these amendments are to: update the management plans for five List B species; add one species to List A; and add two species to List C.

9. In Parts 3.1 and 3.6.26, add yellow flag iris (Iris pseudacorus) to List A.

10. Revise Part 4.3 to update the subset of species of special interest for future management plan revisions, consistent with the Department’s rotation schedule that divides noxious species into cohorts of species.

11. Revise Part 4.8 to update the management plans for: common teasel (Dipsacus fullonum), cutleaf teasel (Dipsacus laciniatus), Dalmatian toadflax (Linaria dalmatica and L. genistifolia), yellow toadflax (Linaria vulgaris), and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica).

The new Rules combine common teasel (Dipsacus fullonum) and cutleaf teasel (Dipsacus laciniatus) into one management plan Rule 4.8.24. and move yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica) from the Rule 4.8.9. to the Rule 4.8.12. management plan.

4. In Part 5.1., add Siberian elm (Ulmus pumila) and tree of heaven (Ailanthus altissima)

5. Revise the Rules to correct non-substantive typographical, grammatical and formatting errors and to update numerical references for accuracy.

The factual and policy issues encountered in the proposal of these amendments to the Rules are as 1. The current Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 3. The amendments to Part 4.3 update the weed species for which the Department collects information on distribution and abundance from local governments. Specifically, the Rule amendments replace common teasel, cutleaf teasel, yellow toadflax, Dalmatian toadflax, and yellow x Dalmatian toadflax hybrid with bouncingbet, common tansy, dame’s rocket, mayweed chamomile (stinking chamomile), scentless chamomile (scentless false mayweed), moth mullein, sulfur cinquefoil, and wild caraway.

4. The proposed plans have been developed in consultation with the statewide weed managers, county weed managers, the state noxious weed advisory committee, conservation districts, the nursery industry and other interested parties. The proposed plans include weed management plans for the following List B species: common teasel (Dipsacus fullonum), cutleaf teasel (Dipsacus laciniatus), Dalmatian toadflax (Linaria dalmatica and L. genistifolia), yellow toadflax (Linaria vulgaris), and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica).

5. After surveying statewide weed managers, county weed managers, the state noxious weed advisory committee, conservation districts, the nursery industry and other interested parties, it was determined that the management of yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica) aligns better with yellow toadflax (Linaria vulgaris) rather than with Dalmatian toadflax (Linaria dalmatica and L. genistifolia). Therefore, the Department has moved the management plan for yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica).to Rule 4.8.12.

6. The changes to List A reflect the determination that yellow flag iris (Iris pseudacorus) may pose in the near future a significant threat to agricultural productivity and native plant communities of the state, and should be eradicated while still possible, thus warranting its placement on List A.

7. After consulting and working with noxious weed experts, weed managers, agricultural producers, the nursery industry, invasive insect experts, the state noxious weed advisory committee, and other interested parties in person, by telephone, and via email between November, 2021, through December, 2022, to collect and review data on prevalence and spread, it was determined that Siberian elm (Ulmus pumila) and tree of heaven (Ailanthus altissima) should be added to List C to prevent future sale of these species and to allow local governments to focus on management techniques when desired. 8.17. Adopted March 19, 2025 – Effective May 15, 2025 These amendments to the Rules are adopted by the Commissioner pursuant to her authority under the The purpose of these amendments is to update the management plans for 11 List B species; add one species to List A; differentiate between requests to add additional management techniques to the list described in Part 2.1 as compared to requests for compliance waivers per Part 7; and clarify the meaning of the term “approved by the Commissioner” in the context of prescribed management techniques listed per Part 2.1.

8. Define the term “approved by the Commissioner” in Part 1.2.

9. Update the definition of “compliance waiver” at Part 1.3.

10. In Part 2.1, clarify the difference between requests for additional management techniques versus requests for compliance waivers.

11. In Parts 3.1 and 3.6.27, add ventenata (Ventenata dubia) to List A.

12. Revise Part 4.3 to update the subset of species of special interest for future management plan revisions, consistent with the Department’s rotation schedule that divides noxious species into cohorts of species.

13. Revise Part 4.8 to update the management plans for absinth wormwood (Artemisia absinthium), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare), Dame’s rocket (Hesperis matronalis), leafy spurge (Euphorbia esula), moth mullein (Verbascum blattaria), oxeye daisy (Leucanthemum vulgare), mayweed/stinking chamomile (Anthemis cotula) and scentless chamomile (Tripleurospermum inodorum), spotted knapweed (Centaurea stoebe ssp.micranthos), sulfur cinquefoil (Potentilla recta), and wild caraway (Carum carvi).

14. Revise the Rules to correct non-substantive typographical, grammatical, and formatting errors and to update numerical references for accuracy.

The factual and policy issues encountered in the proposal of these amendments to the Rules are as 1. The current Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed 2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and 3. The amendments to Part 4.3 update the weed species for which the Department collects information on distribution and abundance from local governments. Specifically, the Rule amendments replace bouncingbet, common tansy, dame’s rocket, mayweed chamomile (stinking chamomile), scentless chamomile (scentless false mayweed), moth mullein, sulfur cinquefoil, and wild caraway with Eurasian watermilfoil, jointed goatgrass, perennial pepperweed, musk thistle, bull thistle, Scotch thistle, and hoary cress.

4. After consulting and working with noxious weed experts, weed managers, professionals in the nursery industry, natural resource professionals, the state noxious weed advisory committee, and other interested parties in person, by telephone, and via email between December 2023 through November 2024, the Department identified 11 List B management plans that would be updated during this rulemaking. The proposed plans include updates to weed management plan objectives or boundaries for the following List B species: absinth wormwood (Artemisia absinthium), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare), Dame’s rocket (Hesperis matronalis), leafy spurge (Euphorbia esula), moth mullein (Verbascum blattaria), oxeye daisy (Leucanthemum vulgare), mayweed/stinking chamomile (Anthemis cotula) and scentless chamomile (Tripleurospermum inodorum), spotted knapweed (Centaurea stoebe ssp.micranthos), sulfur cinquefoil (Potentilla recta), and wild caraway (Carum carvi).

5. During the stakeholder engagement process described above, the Department learned that multiple stakeholders desired a simplified management process for List B species marked for elimination. The Department then offered local government representatives the opportunity to voluntarily upgrade management objectives for certain species to county- or municipality-wide elimination (rather than elimination based upon multiple areas within that county or municipality).

In response, Boulder County and Larimer County requested, and the Department approved, an upgrade to county-wide management for six species of weeds (i.e., absinth wormwood, leafy spurge, moth mullein, oxeye daisy, spotted knapweed, and sulfur cinquefoil) and one species of weed (i.e. absinth wormwood), respectively.

6. In addition, during the stakeholder engagement process described above, the Department learned that a majority of stakeholders surveyed desired that ventenata (Ventenata dubia) be placed on List A. This change reflects the determination that ventenata (Ventenata dubia) may pose, in the near future, a significant threat to agricultural productivity and native plant communities of the state, and should be eradicated while still possible, thus warranting its placement on List A.

7. This past year, the Department learned that confusion may exist in the regulated community concerning the list of integrated management techniques prescribed by the Commissioner for control of specific weeds because Part 2.1 used the phrase “approved for use,” while the remaining Rules used the phrase “approved by the Commissioner.” Because the Commissioner does not and cannot recommend the use of a specific herbicide product; because the prescribed management techniques in Part 2.1 present multiple different techniques that can be used to control List A species or List B species marked for eradication; and because local governments are better positioned to know on-the-ground conditions applicable when determining which prescribed technique(s) to apply, the Department has included a definition of “approved by the Commissioner” at Part 1.2 to clarify the meaning of that phrase as related to Part 2.1 and as used in Parts 3 and 4.

8. Finally, the Department also learned that there has been some confusion with respect to requests for compliance waivers in Part 7 and requests for the Department to consider additional integrated management techniques that are not otherwise included on the list of prescribed management techniques in Part 2.1. The proposed amendments at Parts 1.3 and 2.1 are intended to make clear that a request to amend the list of “prescribed management techniques” described in § 35-5.5-108(2.5), C.R.S., is different from a request for a compliance waiver from “management objectives” described at § 35-5.5-108(2.7), C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/01/2007.

Rules 4.1-4.6, 4.7.2-4.7.3, 4.7.5, 4.7.12-4.7.15, 7.5 and Figures 102-148 eff. 09/30/2008 Rules 4.3, 4.7.11, 4.7.16-4.8, 5.1, 7.6 and Figures 149-185 eff. 08/30/2009.

Entire rule eff. 07/30/2010.

Rules 3.1, 3.6.15-3.6.22, 4.7.4, 4.7.4.E, 4.7.5, 4.7.5.D, 4.7.10-4.7.28, 4.8, Figures 223-257, 5.1, 6, 7, 8 eff. 12/30/2011.

Rules 3-4, 6, 8.9, Figures 204-208, Figures, 258-265 eff. 09/30/2012.

Rules 1, 2.2, 3.1, 3.6, 4.1, 4.3, 4.7-4.8, 5.1, 6.1, 7, 8.10, Figures 195-196, 198-200, 202, 204, 207, 209- 210, 213-219, 221-222, 227-229, 231-232, 234-236, 239-242, 259-262, 264, 266-294 eff. 03/30/2014.

Entire rule eff. 12/30/2014.

Entire rule eff. 12/30/2015.

Entire rule eff. 03/30/2017.

Entire rule eff. 03/30/2018.

Rules 3.1, 3.5, 3.6.8, 3.6.20, 3.6.21, 3.6.22, 4.1, 4.3, 4.8, Part 6 (repealed), 8.15 eff. 10/30/2020.

Rules 3.1, 3.6.26, 4.1, 4.3, 4.4, 4.5, 4.6.1-4.6.3, 4.8.5.5, 4.8.5.15, 4.8.9-4.8.9.16, 4.8.10.18, 4.8.10.24, 4.8.12-4.8.12.14, 4.8.22.2, 4.8.22.8, 4.8.22.9, 4.8.24-4.8.24.13, 4.8.25-4.8.25.5, 4.8.34-4.8.34.27, 5.1, 8.16 eff. 05/15/2023.

Rules Parts 1, 2, 3.1, 3.6.27, 4.3, 4.8.1, 4.8.4, 4.8.8, 4.8.13, 4.8.18, 4.18.22, 4.8.26, 4.8.28-4.8.31, 8.17 eff. 05/15/2025.

8 CCR 1206-3 Administration and Enforcement of the Weed Free Forage Crop Certification Act {#sec-8-ccr-1206-3 omnilex-key=us-co-regs-official--department-1--8 CCR 1206-3}

DEPARTMENT OF AGRICULTURE

Conservation Services Division ADMINISTRATION AND ENFORCEMENT OF THE WEED FREE FORAGE CROP CERTIFICATION ACT 8 CCR 1206-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 DEFINITION OF TERMS a. "Weed free" means to be free from propagative plant parts and free from weed seed from plants set forth on the state or regional lists in Section 1.01 and 1.02 below.

b. "Propagative plant parts" are any part of a plant capable of reproducing itself, including live roots, rhizomes, and/or stolons present in the forage to be harvested.

c. "Weed seed" includes the bud stage or later of broadleaf plants and the boot stage or later of grasses.

d. "Weeds" are those plants set forth in the regional list in Section 1.02 below.

e. "Treated" means utilizing treatment methods to prevent weed seed formation including, but not limited to, burning, mowing, roguing, mechanical methods, or chemically treating.

f. "Forage" includes hay, straw or mulch.

g. "Department" is the Conservation Services Division, Colorado Department of Agriculture.

h. "Commissioner" is the Commissioner of Agriculture, State of Colorado.

i. "Producer" is the grower and/or seller of the forage.

j. "Cubes" means certified weed free forage that has been processed into cube form. Cubes, as that term is used herein, are derived solely from hay and not from other feed crops.

k. "Pellets" means certified weed free forage that has been processed into pellet form. Pellets, as that term is used herein, are derived solely from hay and not from other feed crops.

1.02 REGIONAL LIST

As to regional certification, the following list applies. In any field to be regional list certified, there shall be no tolerance for any regional list weeds, except as provided in paragraphs 2.00(e)(1) and (2) below.

Absinth wormwood ( Artemisia absinthium )

Bermudagrass ( Cynodon dactylon )

Biennial wormwood ( Artemisia biennis )

Black henbane ( Hyoscyamus niger )

Buffalobur ( Solanum rostratum )

Canada thistle ( Cirsium arvense )

Common burdock ( Arctium minus )

Common crupina ( Crupina vulgaris )

Common tansy ( Tanacetum vulgare )

Dalmatian toadflax ( Linaria qenistifolia ssp dalmatica )

Diffuse knapweed ( Centaurea diffusa )

Dyers woad ( Isatis tinctoria )

Field bindweed ( Convolvulus arvensis )

Hemp ( Cannabis sativa )

Hoary cress ( Cardaria draba )

Horsenettle ( Solanum carolinense )

Houndstongue ( Cynoglossum officinale )

Johnsongrass ( Sorghum halepense )

Jointed goatgrass ( Aegilops cylindrica )

Leafy spurge ( Euphorbia esula )

Matgrass ( Nardus stricta )

Mayweed chamomile ( Anthemis cotula )

Meadow knapweed ( Centaurea nigrescens )

Medusahead ( Taeniatherum caput-medusae )

Milium ( Milium vernale )

Musk thistle ( Carduus nutans )

Orange hawkweed ( Hieracium aurantiacum )

Oxeye daisy ( Leucanthemum vulgare )

Perennial pepperweed ( Lepidium latifolium )

Perennial sowthistle ( Sonchus arvensis )

Plumeless thistle ( Carduus acanthoides )

Poison hemlock ( Conium maculatum )

Puncturevine ( Tribulus terrestris )

Purple loosestrife ( Lythrum salicaria )

Quackgrass ( Elymus repens )

Rush skeletonweed ( Chondrilla juncea )

Russian knapweed ( Acroptilon repens )

Scentless chamomile ( Tripleurospermum perforatum )

Scotch broom ( Cytisus scoparius )

Scotch thistle ( Onopordum acanthium )

Sericea lespedeza ( Lespedeza cuneata )

Silverleaf nightshade ( Solanum elaeagnifolium )

Skeletonleaf bursage ( Ambrosia tomentosa )

Sorghum-almum ( Sorghum almum )

Spotted knapweed ( Centaurea stobe )

Squarrose knapweed ( Centaurea virgata )

St. Johnswort ( Hypericum perforatum )

Sulfur cinquefoil ( Potentilla recta )

Syrian bean caper ( Zygophyllum fabago )

Tansy ragwort ( Senecio jacobaea )

Toothed spurge ( Euphorbia dentata )

Wild oats ( Avena fatua )

Wild proso millet ( Panicum miliaceum )

Yellow hawkweed ( Hieracium pratense tause )

Yellow starthistle ( Centaurea solstitialis )

Yellow toadflax ( Linaria vulgaris )

2.00 PROCEDURES FOR CERTIFICATION OF WEED FREE CROPS

a. A request for certification of forage crops shall be made to the Department. Said request may be made by phone or in writing.

b. An inspection request form shall be completed by the producer prior to inspection.

c. The Department shall arrange for an inspector.

d. The forage crop shall be inspected in the field(s) of origin. The field shall include the surrounding ditches, fence rows, roads, easements, rights of way, or buffer zones surrounding the field.

e. Forage which contains any weed(s) designated on the regional list may be certified if the following requirements are met:

1. The field upon which the forage was produced has been treated to prevent seed formation prior to bud stage or boot stage to the degree that there is no danger of dissemination of the seed or any injurious portion thereof from such weeds; and 2. Any propagative plant parts including weed seed, live roots, rhizomes, or stolons of the weeds are not present in the forage to be harvested.

f. A certificate of inspection shall be completed for each field/lot. The certificate of inspection shall document whether the requirements stated in Section 2.00(e), immediately above, have been met based upon a reasonable and prudent visual inspection.

2.01 INSPECTION PROCEDURES

a. There shall be a minimum of two entry points per field.

b. There shall be a minimum of one entry point per each 10 acres.

c. Each point of entry shall be at least 150 feet into the field, and each additional 150 feet traveled shall constitute an entry point. Travel shall be uninterrupted, proceeding through the field being inspected.

d. The entire field border shall be walked or driven.

e. Fields shall be inspected within 10 days prior to harvest.

g. An inspector may not inspect fields of which said inspector has ownership or financial interest.

2.02 PROCEDURES FOR TRACKING AND IDENTIFYING CERTIFIED FORAGE

a. The producer shall inform the Colorado Department of Agriculture of the bale count and estimated total weight of the forage harvested from each inspected field.

b. Repealed.

c. If required by the purchaser or the producer, or if the forage is destined to be processed into cubes or pellets, a transit document, whether the original or a photocopy thereof, shall accompany all inspected forage offered for sale or sold. The transit document shall contain the inspection certificate number, the producer's name, and the quantity purchased in number of bales and estimated weight. If the forage is to be processed into cubes or pellets, the transit certificate shall also contain the name, address and phone number of the processor. The purchaser, or the processor of cubes or pellets, shall complete the transit document and return it to the Department.

d. All inspected forage bales shall be identified by a marking system, whether colored twine or marked wire.

e. Processors of bagged and bulk pellets and cubes shall comply with the following:

(1) All bags of pellets or cubes from certified forage shall have sewn into the bag a tag which is provided by the Department, identifying it as being made from certified forage. The processor may obtain the tags by delivering to the Department transit certificates, as required in Subsection 2.02.c above.

(2) All bulk sales of pellets or cubes from certified forage shall be accompanied by the transit certificate(s). As bulk sales of pellets or cubes are made, the processor shall record on an inventory sheet when the sale occurred and what quantities were sold. When inventory sheets are completed, or at least annually, the original documents shall be sent to the Department.

(3) The processor shall collect and maintain all twine or marked wire, as described in Subsection 2.02.d above, from all certified forage utilized to process cubes or pellets. The twine and wire shall be maintained by the processor for a maximum of one year from the date of processing, or such lesser time as directed by the Department. At the end of one year from the date of processing, if there is no outstanding request by the Department to inspect the twine or wire, the processor may dispose of the collected twine and wire.

3.00 QUALIFICATION STANDARDS FOR PERSONS SEEKING DESIGNATION AS AUTHORIZED

INSPECTORS OR QUALIFIED EMPLOYEES

Only qualified inspectors may certify forage as being weed free. Each person seeking designation as an authorized inspector or a qualified employee by the Commissioner shall first attend a seminar given by Colorado Department of Agriculture specifically designed to educate and train inspectors about the law, the principles associated with utilizing weed free forage, and the standardized procedures used during the inspection process.

4.00 DELEGATION OF THE COMMISSIONER'S POWERS

a. All authorized inspectors and qualified employees shall inspect forage in compliance with the provisions of these rules and regulations.

b. Forage inspections may be conducted by authorized inspectors or qualified employees.

c. Investigations of suspected violations of the Weed Free Forage Crop Certification Act or of these rules and regulations shall be conducted by Department employees only.

5.00 VIOLATIONS

It shall be a violation of these rules and regulations to:

a. Refuse or fail to comply with any provisions of the Weed Free Forage Crop Certification Act (the "Act");

b. Refuse or fail to comply with any rules and regulations adopted pursuant to the Act or with any lawful order issued by the Commissioner;

c. Make false or misleading representations or statements in any document required by the Act or these rules and regulations;

d. Fail to maintain or submit documents required by the Act or these rules and regulations;

e. Alter or deface in any manner any document or marking system produced as the result of a crop inspection pursuant to the Act or these rules and regulations;

f. Reproduce, produce a facsimile of, or utilize in any fashion any documentation or marking system pertaining to certification of any crop, except as provided by the Act and these rules and regulations;

g. Impersonate any state, county, city, or municipal official or inspector; and h. Make false, misleading, deceptive, or fraudulent representations regarding certification of any crop.

6.00 FEES

The maximum the producer will be charged for inspections is as follows:

a. Inspection time, including travel, at a rate not to exceed $25.00 per hour;

b. Mileage for the inspector's travel to be charged at the same rate at which officers of the state and employees are reimbursed for use of personal vehicles;

c. Per diem expenses, if travel and the inspection cannot be reasonably accomplished within one day, not to exceed $86.00 per day;

d. A per inspection fee not to exceed $100.00 plus an acreage fee not to exceed $4.00 per acre.

e. The actual cost of the twine or marked wire, including shipping and handling.

7.00 – 9.00 RESERVED

10.00 STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY & PURPOSE 10.01 8 CCR 1203-10 Adopted March 25, 1994 – Effective April 30, 1994 These rules and regulations are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35- 27.5-103, C.R.S. (1993 Supp.).

The purpose of these rules and regulations is to adopt such rules and regulations necessary to carry out the provisions of the Act, including establishing definitions of pertinent terms, state and regional lists of weeds, procedures for certification of weed free forage crops and forage crop inspection, qualification standards for persons seeking designation as authorized inspectors or as qualified employees, delegations by the Commissioner of Agriculture pursuant to § 35-27.5-104 of the Act, procedures for identifying and tracking certified forage crops, and violations of the Act and rules and regulations thereto. 10.02 8 CCR 1203-10 Adopted March 17, 1995 – Effective April 30, 1995 These amendments to the rules and regulations are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1994 Supp.).

The purpose of these amendments to the rules and regulations is to adopt such rules and regulations necessary to carry out the provisions of the Act, specifically, establishing procedures for tracking and identifying certified forage including the use of inventory sheets and transit documents and raising the acreage fee, establishing an inspection fee, and adding a charge for handling of twine with the intent of covering all costs, direct and indirect, of the Department of Agriculture in the administration and enforcement of the Act. 10.03 8 CCR 1203-10 Adopted May 29, 1997 – Effective July 30, 1997 These amended rules are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5- 103, C.R.S. (1995).

The purpose of these amended rules is to delete all reference to a "Colorado State Weed List" and to apply the "Regional List" as well as to update the "Regional List." 10.04 8 CCR 1203-10 Adopted September 10, 1998 – Effective October 30, 1998 These rules are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S.

(1998).

The purposes of these rules are to add a weed of region-wide concern to the designation of prohibited weeds in the regional list and to define procedures for identification and tracking of certified weed free forage destined to be processed into cubes and pellets. 10.05 8 CCR 1203-10 Adopted November 13, 2006 – Effective January 1, 2007 This amendment to the rules is adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Weed Free Forage Crop Certification Act, §35-27.5-103 (1), C.R.S. (2006).

The purpose of this amendment to the rules is to (1) raise the mileage reimbursement for personal vehicles used by contracted weed free forage inspectors from $0.26 per mile to $0.36 per mile; and (2) to include a section for Statements of Basis, Specific Statutory Authority and Purpose for this rule.

Factual Basis The factual and policy issues encountered in the proposal of this amendment to the rules is as follows:

Senate Bill 06-173 allows for each mile actually and necessarily traveled while on official state business calculated at 80% of the prevailing Internal Revenue Service mileage reimbursement rate to the nearest cent. Reimbursing contract inspectors 36 cents per mile would reflect the prevailing rate. 10.06 8 CCR 1203-10 Adopted April 16, 2009 – Effective May 30, 2009 This amendment to the rules is adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S (2008)

The purpose of this amendment to the rule is to change the mileage rate charged to producers from a fixed $.36 per mile to the prevailing rate reimbursed to state officers and employees per mile for miles actual and necessary for state business. This will allow the Department to adjust the rate charged to producers to track the official state rate without further rule making.

The factual and policy issues encountered in the proposal of this amendment to the rule are as follows:

The rate at which state officers and employees are reimbursed at is set forth in section 24-9-104, (2)(d), C.R.S. (2008): On and after January 1, 2008, state officers and employees shall be allowed a mileage allowance for each mile actually and necessarily traveled while on official state business calculated at ninety percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent, and, when authorized to be utilized and necessary for official state business, ninety-five percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent for four-wheel-drive vehicles. 10.07 Adopted June 11, 2013 – Effective July 30, 2013 These rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Weed Free Forage Crop Certification Act, § 35-27.5-103 C.R.S.

The purposes of these rules are to:

Move the existing Weed Free Forage Crop Certification Act rules from their current location at 8 CCR 1203-10 to a new location at 8 CCR 1206-3 and make the changes described below.

Change rule 1.00 (c) to add "or later" after the terms "bud stage" and "boot stage" of broadleaf plants and grasses respectively.

Change rule 1.00 (d) by replacing the word "weeds" with the word "plants" and eliminating the words "state and." Eliminate the "s" in "lists" making it singular. Also eliminate the "s" in "sections" making it singular and eliminate "1.01 and."

Change rule 1.00 (g) to replace "Plant Industry Division" with "Conservation Services Division."

Change rule 1.02 by switching the order of "Biennial wormwood (Artemisia biennis)" and "Bermudagrass (Cynodon dactylon)."

Change rule 1.02 by changing "Henbane, black" to "Black henbane."

Change rule 1.02 by replacing "Loosestrife" with "Purple loosestrife."

Change rule 1.02 by replacing "Meadow knapweed (Centaurea pratensis)" with "Meadow knapweed (Centaurea nigrescens)."

Change rule 1.02 by replacing "Ox-eye daisy (Chrysanthemum leucanthemum)" with "Oxeye daisy (Leucanthemum vulgare)."

Change rule 1.02 by changing "Puncture vine to "Puncturevine."

Change rule 1.02 by changing "Quackgrass (Elytrigia repens)" to "Quackgrass (Elymus repens)."

Change rule 1.02 by replacing "Scentless chamomile (Maticaria perforate)" with "Scentless chamomile (Tripleurospermum perforatum)."

Change rule 1.02 by moving "Mayweed chamomile (Anthemis cotula)" from its current order and list it after "Matgrass (Nardus stricta)."

Change rule 1.02 by changing "Spotted knapweed (Centaurea maculosa)" to "Spotted knapweed (Centaurea stobe)."

Change rule 1.02 by changing "Squarrose knapweed (Centaurea squarrose)" to "Squarrose knapweed (Centaurea virgata)."

Change rule 1.02 by moving "Wild proso millet (Panicum miliaceum)" from its current order and placing it after "Toothed spurge (Euphorbia dentata)."

Change rule 1.02 by moving "Wild oats (Avena fatua)" from its current order and placing it before "Wild proso millet (Panicum miliaceum)."

Change rule 2.00(a) by striking "a" from the sentence.

Change rule 2.00(e)2 by adding "Any propagative plant parts including weed seed" at the beginning of the sentence.

Change rule 2.02 (a) to replace "inspector" with "Colorado Department of Agriculture" to receive the bale count and estimated total weight of forage harvested from each field from producers.

Eliminate rule 2.02(b).

Change rule 3.00 to replace "Colorado State University Cooperative Extension" with the "Colorado Department of Agriculture" as the agency responsible for training inspectors and eliminate the proof of attendance requirement.

Factual and policy basis The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. 1.00(c). Adding the phrase "or later" after bud stage and boot stage clarifies that the definition of "Weed seed "not only includes the bud and boot stage but all subsequent stages of development.

2. 1.02. Biennial wormwood (Artemisia bieniss), Bermudagrass (Cynodon dactylon), Black henbane (Hyoscyamus niger), Mayweed chamomile (Anthemis cotula), Purple loosestrife (Lythrum salicaria), Wild proso millet (Panicum miliaceum), and Wild oats (Avena fatua) are not in correct alphabetical order within the regional list of weeds. This proposed change will place them in their proper alphabetical order with in the list.

3. 1.02. Loosestrife, Ox-eye daisy and Puncture vine are incorrect common names. The proposed change to Purple loosestrife, Oxeye daisy and Punturevine will correct the common name for these species.

4. 1.02. The Department proposes to correct the scientific names of seven currently listed species in the regional list of weeds in order to remain consistent with currently accepted botanical nomenclature. These species are:

Meadow knapweed (Centaurea pratensis) to (Centaurea nigrescens)

Oxeye daisy (Chrysanthemum leucanthemum) to (Leucanthemum vulgare)

Quackgrass (Elytrigia repens) to (Elymus repens)

Scentless chamomile (Maticaria perforata) to (Tripleurospermum perforatum)

Spotted knapweed (Centaurea maculosa) to (Centaurea stobe)

Squarrose knapweed (Centaurea squarrosa) to (Centaurea virgata)

5. 2.00(a) Removing "a" from the sentence is a grammatical correction.

6. 2.00(e)(2). Adding "Any propagative plant parts including weed seed" clarifies that any propagative portion of a weed including the seed may not be present at the time of harvest.

7. 2.02(a). The current rule requires the producer to inform the inspector of the bale count and estimated tonnage of each field. However, at the time of the inspection the forage has not been harvested so an accurate bale count is not available. Once harvest has been completed it is more convenient and reasonable for the producer to report bale counts directly to the Department which typically has received the original field inspection reports from the inspector by that time.

8. 2.02(b). Currently, the rule requires the producer to complete an inventory sheet for each field as forage is sold to be returned to the Department when all certified product is sold or at least once a year. This requirement was originally designed to help the Department track certified forage and mulch to help verify that only certified product was being sold as such. However, because the Department issues only enough orange and blue twine for a producer to complete baling the inspected acres and retrieves any leftover twine from producers, this requirement places an undue paperwork burden on producers and does not lend to the tracking of certified product as previously thought.

9. 3.00. Currently, the Colorado Department of Agriculture conducts the seminars to educate and train inspectors about the law, the identification of noxious weeds, principles associated with utilizing weed free forage and standardized inspection procedures. Colorado State University aids the Department of Agriculture by providing weed identification instruction to potential inspectors.

Since the passage of the Certified Weed Free Forage rules the Colorado Department of Agriculture has taken a more active role in providing the training to potential inspectors. Moving forward this change will provide the Department more flexibility in the future training of inspectors.

Once the Department of Agriculture is responsible for the training of inspectors there will be no need to submit proof of attendance at said seminar or a written request for designation as an authorized inspector or qualified employee.

10. Currently, the rules for Weed Free Forage Certification are codified at 8 CCR 1203-10 with the other rules promulgated under the statutory programs administered and enforced by the Plants Division of the Colorado Department of Agriculture. The Weed Free Forage Certification program was moved from the Plants Division to the Conservation Division in 2012. These new rules will be codified with the Conservation Division’s other rules. This will make it easier for the public to locate and access them on-line. _________________________________________________________________________ Editor’s Notes

History Entire rule recodified from 8 CCR 1203-10 eff. 07/30/2013.

8 CCR 1206-4 Administration and Enforcement of the Colorado Chemigation Act {#sec-8-ccr-1206-4 omnilex-key=us-co-regs-official--department-1--8 CCR 1206-4}

DEPARTMENT OF AGRICULTURE

ADMINISTRATION AND ENFORCEMENT OF THE COLORADO CHEMIGATION ACT

8 CCR 1206-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definitions 1.1. All terms used in the singular form in these Rules shall include the plural, and vice versa, as the case may be. All terms used in these Rules shall have the meaning set forth for such terms in the Act. In addition the following terms shall be defined as follows. 1.2. “Backflow prevention check valve” means a valve to prevent backflow of irrigation water. 1.3. “Chemical injection line check valve” means the check valve in the chemical injection line. 1.4. “Department” means the Colorado Department of Agriculture. 1.5. “District” means ground water management district. 1.6. “Irrigator” or “Chemigator” means any person employing any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of ground or surface water through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. 1.7. “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. 1.8. “Permit holder” means the owner or operator of land who applies or authorized the application of chemical to such land by means of chemigation. The permit holder shall be the party primarily responsible for any liability arising from chemigation on the property. 1.9. “Permittee” means the person to whom the permit is issued. 1.10. “Pipeline check valve” means a backflow prevention pipeline check valve.

Part 2. Affidavit of Non-Chemigation 2.1. Affidavits shall be submitted annually by March 31 by persons who do not utilize or intend to utilize chemigation. Such affidavits shall be made on a form provided by the Department. 2.2. The affidavit shall provide: 2.2.1. Name, address and telephone number of the irrigator; 2.2.2. Legal description of the location of the irrigation water source; and 2.2.3. Signature and date of affidavit.

Part 3. Chemigation Permits 3.1. No person shall apply or authorize the application of chemicals to land or crops through the use of chemigation, unless such person has first obtained a permit from the Department, except that nothing in this chapter shall require a person to obtain a chemigation permit to pump or divert water to or through an open discharge system. 3.2. An application must be filed with the Department for any one of the following chemigation systems: 3.2.1. One water source feeding to a single injection site. 3.2.2. One water source feeding to more than a single injection site. 3.2.3. More than one water source feeding to a single injection site. 3.3. The following information is the minimum requirement of the Department: 3.3.1. Name, address and telephone number of applicant; 3.3.2. Name, address and telephone number of operator, if different from above; 3.3.3. Calendar year for which application is made; 3.3.4. Legal description of the injection location site, defined to the quarter of quarter section (forty-acre increment); 3.3.5. Whether the application is for an initial or renewal permit; 3.3.6. Certification that the permit applicant's irrigation system includes properly installed and functioning equipment in compliance with the provisions of the Colorado Chemigation Act and Regulations; 3.3.7. Signature of the permit applicant and date of signing. 3.4. All applications for a chemigation permit must be completed on forms provided by the Department. Applications or notices for renewal permits shall be sent to permittees no later than February 1 of each year. 3.5. The Department shall provide each permittee annual certificate(s) of the permit(s) as evidence of purchase and payment for the permit(s). 3.6. The Department shall deny a permit and/or renewal to any applicant for the following reasons: 3.6.1. The applicant has failed to provide the required information; 3.6.2. The backflow prevention device does not comply with the equipment standards; 3.6.3. Failure of the applicant to remit the appropriate fee and all outstanding inspection fees; 3.6.4. Fraud or deceit was used in obtaining a permit. 3.7. The permitee shall notify the Department in writing within ten days of any changes in the information provided on the permit application. 3.8. Permits shall expire at midnight on March 31 of the year subsequent to the date the permit was issued. 3.9. A permit may be renewed each year upon payment of the annual renewal fee and completion of an application form providing all the information requirements. 3.10. Permits not renewed on or before their expiration date shall not be reinstated without filing a new application. 3.11. Permits are not transferable.

Part 4. Permit and Inspection Fees 4.1. The annual permit fee shall be forty-five dollars ($45.00) for permits issued to permit holders outside of Groundwater Management Districts that have contracted with the Department for enforcement of 35-11-113 of the Chemigation Act. 4.2. The annual permit fee shall be forty-five dollars ($45.00) for permit holders within Groundwater Management Districts that have contracted with the Department for enforcement of 35-11-113 of the Chemigation Act. 4.3. The inspection fee shall be fifty dollars ($50.00) for each chemigation system inspection conducted by the Department. 4.3.1. Upon completion of an inspection of a chemigation system conducted by the Department, the permit holder shall be provided a billing for inspection of each chemigation system. 4.3.2. Payment of the inspection fee shall be made to the Department within forty-five (45) days of the date of the inspection. 4.4. Failure to submit payment of the inspection fee(s) to the Department or to a Groundwater Management District shall constitute a violation of these Rules and shall be grounds for suspension or revocation of the permit. 4.5. No permit shall be renewed until the permittee has paid all outstanding inspection fees. 4.6. In the event that it is apparent that no willful violation has occurred, there shall be no fee charged for the first reinspection of any system that fails to meet the standards set forth in Part 6.8 of these Rules. 4.6.1. A permittee who fails to correct a malfunctioning system by the time of the first reinspection shall be required to pay the inspection fee for any subsequent inspection. 4.7. Each irrigation system for which a permit has been issued may be inspected at least once every two years.

Part 5. Enforcement of Agreements (Ground Water Management Districts) 5.1. The Department may enter into an agreement with any ground water management district which can demonstrate the availability of properly trained and equipped staff to carry out the provisions of the statute and Rules promulgated thereunder. 5.2. As used in Part 5.1, “properly trained staff” refers to employees who have substantially similar training and skills as the chemigation inspectors employed by the Department, including: 5.2.1. Knowledge of pesticide and fertilizer toxicities and hazards; 5.2.2. Ability to investigate, collect and preserve evidence for use in administrative or court proceedings; 5.2.3. Knowledge of the state chemigation laws and Rules; 5.2.4. Knowledge of irrigation systems and how chemigation is implemented; 5.2.5. Ability to establish and maintain effective working relationships with growers being regulated; 5.2.6. Ability to express oneself clearly and concisely, both orally, and in writing; 5.2.7. Skill in making thorough inspections of chemigation equipment and making judgments concerning corrective actions. 5.3. As used in Part 5.1, “properly equipped staff” means that the district's chemigation enforcement staff are furnished with operational and protective equipment which is substantially similar to such equipment which the Department furnishes for the use of its chemigation inspectors in the performance of their duties. 5.4. In the event a district desires to withdraw from an agreement, the district shall provide the Department one year's notice of said intent. In the event a district desires to renew an agreement, it shall notify the Department of such intent not less than one year prior to the expiration date of the agreement. 5.5. Each district having a current enforcement agreement in effect shall submit an annual report to the Department on or before June 1 of each year, which shall include the following information for the previous year: 5.5.1. The number of chemigation system inspections made by the district at each injection site identified and whether the inspections were initial inspections, for equipment replacement or repair, or routine monitoring; 5.5.2. The number of violation notices issued and actions taken. 5.6. The district shall maintain a complete file of all records, communications, and other written materials which will pertain to the operation of programs or the delivery of services under the Agreement, and shall maintain such records for a period of three (3) years, or for such further period as the Department may request. The District shall permit the Department or other authorized governmental agency to audit and/or inspect its records during the term of the Agreement and for a period of two (2) years following the termination of the Agreement.

Part 6. Equipment, Standards and Installation 6.1. Any irrigation distribution system through which chemigation is performed, except open discharge systems, shall be equipped with the mechanical devices specified below. The equipment shall be permanently installed in accordance with the manufacturer's specifications and at the location specified therein. 6.2. Irrigation pipe check valve 6.2.1. The irrigation pipeline check valve shall be located in the pipeline between the irrigation pump and the point of chemical injection into the irrigation pipeline. Its purpose is to prevent reverse flow, which is a mixture of water and chemical draining or siphoning back into the irrigation water source. 6.2.2. Irrigation systems which, as of July 1, 1989, were equipped with a properly located irrigation pipeline check valve shall be considered in compliance with these Rules if the valve provides a seal against reverse flow. 6.3. Vacuum relief valve 6.3.1. The vacuum relief valve shall be located on the pipeline between the irrigation pump and the irrigation pipeline check valve. Its purpose is to prevent creation of a vacuum in the pipeline and possible reverse flow into the water source when the pump stops. 6.3.2. The vacuum relief valve shall be sized in accordance with the manufacturer's specifications. 6.3.3. If the vacuum relief valve connection will also serve as the inspection port, the permit holder will ensure removal of the valve at the time of inspection. The inspection port shall be located on the pipeline between the irrigation pump and the irrigation pipeline check valve. The inspection port shall be situated in such a manner that the inlet to the low pressure drain can be observed. A minimum four-inch or larger diameter port is required.

If a chemigation system has a vacuum relief valve of a minimum two inch diameter, which was in place as of the effective date of these Rules, and the irrigator will ensure its removal at the time of each inspection, such valve may be used as the inspection port. 6.4. Drain 6.4.1. An automatic low-pressure drain shall be located so as to drain any water-chemical mixture which may enter the pipeline between the irrigation pump and the irrigation pipeline check valves by reverse flow when the pump stops. When the pipeline water flow stops, the drain valve shall automatically open. A tube, pipe or other conduit shall be used to discharge the solution at least twenty feet downslope from the irrigation water source or otherwise prevent it from collecting on the ground surface around the well casing. 6.4.2. The drain valve shall be constructed of corrosion resistant material or otherwise coated or protected to prevent corrosion. 6.4.3. The drain shall have an orifice of at least three-quarter inch diameter. 6.5. Chemical injection line check valve 6.5.1. The chemical injection line check valve shall be located at the point of chemical injection into the irrigation pipeline. Its purpose is to prevent flow of water from the irrigation system into the chemical supply tank and to prevent gravity flow from the chemical supply tank into the irrigation pipeline. The valve shall be constructed of chemically resistant materials. The valve shall be designed to prevent water in the irrigation pipeline under operating pressure from entering the chemical injection line. 6.6. Pumps 6.6.1. The irrigation pumping plant and the chemical injection pump shall be interlocked so that if the pumping plant stops, the injection pump will also stop. Its purpose is to prevent pumping chemicals into the irrigation pipeline after the irrigation pump stops. 6.7. Replacement equipment shall meet specified requirements and in the case of irrigation pipeline check valves, shall meet the following minimum requirements: 6.7.1. The valve body and all components shall be constructed of corrosion resistant materials or otherwise coated or protected to prevent corrosion; 6.7.2. The valve shall contain a sealing mechanism designed to close prior to or at the moment water ceases to flow in the downstream direction. This mechanism shall be either diaphragm-actuated by hydraulic line pressure, spring loaded or weight loaded to provide a watertight seal against reverse flow; 6.7.3. All moving components of the valve shall be designed to prevent binding, distortion or misalignment during water flow; and 6.7.4. The valve shall be designed to allow repair and maintenance, including removal from the pipeline if required to perform such work. 6.8. The equipment required in these Rules and regulations shall be maintained in working condition.

When required, the equipment shall be repaired to its originally designed condition.

Part 7. Exemptions In instances which irrigation water is drawn from a reservoir at an elevation higher than the point of chemical injection, the permittee may be exempted from 35-11-107(1)(a), (b) or (c) of the Chemigation Act if there is no possibility that the water source can be polluted or contaminated as the result of utilizing such irrigation system for chemigation.

The effective date of these Rules and Regulations is July 1, 1989.

Part 8.– 12. RESERVED

Part 13. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 13.01. Adopted March 31, 1989 – Effective July 1, 1989 Pursuant to the provisions and requirements of the Chemigation Act to regulate the application of fertilizers or pesticides to land or crop through irrigation systems, Title 35, Article 11, CRS, the following rules and regulations are hereby promulgated.

The purpose of these rules and regulations is to comply with the provisions of the associated statute and to provide specific guidelines for the safe and effective application of fertilizers and pesticides to land or crops though irrigation systems.

The regulations are designed to:

Set standards for the installation and maintenance of antisyphoning devices within irrigation systems employing Chemigation that will prevent the contamination of ground waters in the event of a power or equipment malfunction;

Establish inspection procedures;

Establish procedures and policies for entering into agreements with ground water management districts for the purpose of enforcing the provisions of Article 11 within the boundaries of the district;

Set procedures for monitoring the activities of ground water management districts that have entered into agreements with the Department; and Determine permit and inspection fees. 13.02. Adopted September 4, 1992 – Effective January 1, 1993 The following rules are hereby promulgated under the authority of the Colorado Chemigation Act, pursuant to Sections 35-11-104(1) (c), C.R.S. (1991 Supp.). They deal with the raising of permit fees.

It has become necessary to raise permit fees in order to help provide the revenue needed to cover all costs of operating the chemigation inspection program. Raising of permit fees has been made possible by amendments in Senate Bill 92-28, which removes the caps on permit and inspection fees in section 35- 11-106(3) and (4) of the Chemigation Act. The chemigation inspection program is totally self-funded and no startup moneys were provided by the legislature when the enabling legislation was passed. It was necessary to borrow money from the state treasurer in order to initiate the program prior to the receiving of any revenues from permit and inspection fees. An increase in revenue is needed to pay back the loan and maintain the program at the current level.

All permit fees are raised to forty-five dollars both inside and outside Groundwater Management Districts that have contracted with the Department of Agriculture to perform inspections under the authority of the Chemigation Act. The cost to the Department of permitting and providing follow-up legal action inside the contracting districts is equally as great as the cost outside the contracting districts. 13.03. Adopted February 20, 2002 – Effective March 30, 2002 These amendments pertain to Section 1 Terms Defined and Construed, Section 2 Affidavit of Non- Chemigation, Section 3 Chemigation Permits, Section 6 Equipment, Standards and Installation, Section 8 Exemptions and the furtherance and enforcement of the provisions of the Colorado Chemigation Act, C.R.S. § § 35-11-101 through 117. 13.04. Adopted November 13, 2006 – Effective January 1, 2007 This amendment to the rules is adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Chemigation Act, § 35-11-104 (1)(c), C.R.S. (2006).

The purpose of these amendments to the rules is to: (1) reduce the annual permit fee from $45.00 to $35.00 for permits issued to permit holders outside of Ground Water Management Districts that have contracted with the Department for the enforcement of § 35-11-113 of the Chemigation Act; (2) reduce the annual permit fee from $45.00 to $35.00 for permit holders within Ground Water Management Districts that have contracted with the Department for enforcement of § 35-11-113 of the Chemigation Act; and (3) to include a section for Statements of Basis, Specific Statutory Authority and Purpose for this

rule.

Factual and Policy Issues The factual and policy issues encountered in the proposal of these amendments to the rules are as Pursuant to the Colorado Chemigation Act § 35-11-106 (3), the fee for a chemigation permit and the annual renewal fee shall be established by the Commissioner through rules and regulations. Such fees shall reflect all direct and indirect costs of the Department for the administration of this article. A $35.00 annual permit is adequate to cover all direct and indirect costs. 13.05. Adopted April 12, 2011 – Effective May 30, 2011 This amendment to the rules is adopted by the commissioner of Agriculture pursuant to his authority under the Colorado Chemigation Act, § 35-11-104 (1) (b), C.R.S.

The purpose of these amendments to the rules is to: (1) In Section 6.03, eliminate the reference to the criteria in Section 7.01; (2) Repeal Section 6.04 requiring all models of pipeline check valves and chemical injection line check valves be tested after July 1, 1989 by the Colorado Water Resource Research Institute, Colorado State University; (3) Repeal Section 6.12 eliminating the minimum opening (cracking) pressure of 20 psi when the chemical injection pump is shut down; (4) Repeal Section 7, Laboratory Test Criteria.

Factual and policy issues The factual and policy issues encountered in the proposal of these amendments to the rules are as 1. Pursuant to the Colorado Chemigation Act, § 35-11-107 (1), C.R.S., an irrigation system utilizing chemigation on and after January 1, 1990, or an irrigation system which has been issued a provisional chemigation permit shall have, as component parts thereof, a properly installed and functioning:

(a) Backflow prevention check valve and vacuum relief valve between the main check valve and the irrigation pump;

(b) Inspection port to check the performance of the check valve on the irrigation pipeline;

(c) Automatic low-pressure drain placed between the main check valve and the irrigation pump so that a chemical will drain away from the source of water supply;

(d) Check valve in the chemical injection line; and (e) Simultaneous interlock device between the power system of the chemical injection unit and the irrigation pumping plant to protect the water supply from contamination in the event such pumping plant ceases to operate.

2. Currently, permitted irrigation systems are inspected to verify that all the back flow prevention devices listed above are properly installed and performing their intended purpose to prevent the reverse flow of a water chemical mixture back to the water source. Backflow prevention check valves are visually observed while under water pressure to ensure the valve is holding water and are also manually checked to ensure no bubbles or blisters are forming on the lining of the valve.

Check valves in the chemical injection line are also observed under water pressure to verify that water is not allowed to flow back to the chemical holding tank. These valves are essentially inspected under field conditions in which they are expected to perform.

3. Chemical injection check valves are inspected during the field inspection; however, there is no way to determine if the valve has a minimum opening (cracking) pressure of 20 psi. Also, gravity flow of chemical from the chemical supply tank in to the irrigation pipeline does not occur due to the chemical injection pump stopping the flow when the irrigation system is shut down.

4. The testing of one valve for each model and size a manufacturer produces does not necessarily ensure that all the valves manufactured in that model and size will perform as well as the one tested. A field inspection of these valves provides a better indication that they are performing as designed.

5. Most manufacturers of irrigation line check valves place a sticker on the valve identifying who manufactured the valve. Often times these stickers fall off due to weather or time and it is difficult to identify who the manufacturer is thereby making it more difficult to determine if that model of valve was tested. 13.06. Adopted November 7, 2018 – Effective December 30, 2018 These amendments to the Rules are adopted by the Commissioner of Agriculture pursuant to his

authority at, § 35-11-104, C.R.S.

The purpose of this rulemaking is to recodify the Rules from the Plant Industry Division to the Conservation Services Division and increase permit and inspection fees in and outside of Groundwater Management Districts. Other changes as a result of a regulatory review include clean-up of language to make the Rules easier to understand and renumber to make this Rule consistant with other Department Rules.

Factual and Policy issues The factual and policy issues encountered in the proposal of these amendments to the Rules are as 1. Pursuant to the Colorado Chemigation Act § 35-11-104 (1)(c), the Commissioner shall promulgate Rules. to: Establish fees for the direct and indirect costs of administering the provisions of the Colorado Chemigation Act.

2. The annual average revenue to the Department for chemigation permits is $165,000. The average revenue to the Department from inspections is $40,000 for a total of $205,000. The annual average expense to administer the program is $246,000 for an annual loss of $41,000.

3. The Chemigation Program has utilized fund reserves for previous years in which expenses exceeded revenue. Since fund reserves will be fully expended in FY 2018-19, a fee increase is necessary to continue program operations.

4. By raising the permit fees to $45.00 each and the inspection fee to $50.00, the program will generate an additional $50,000 per year. This will cover the $41,000 shortfall and allow the Department to replenish the fund balance to $40,000 (16% of annual expenses) over the course of four to five years. _________________________________________________________________________ Editor’s Notes

History New rule recodified from 8 CCR 1203-8 eff. 12/30/2018.

8 CCR 1206-5 Rules Pertaining to the Agricultural Stewardship Tax Credit {#sec-8-ccr-1206-5 omnilex-key=us-co-regs-official--department-1--8 CCR 1206-5}

COLORADO DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE AGRICULTURAL STEWARDSHIP TAX CREDIT

8 CCR 1206-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Definitions 1.1. “Agricultural land” has the meaning set forth in section 39-1-102(1.6), C.R.S. 1.2. “Agricultural Stewardship Tax Credit” means that tax credit established by section 39-22-561, et seq., C.R.S. 1.3. “Annual Practices” describes agricultural stewardship practices that are implemented on operations that plant and harvest crops within one season. 1.4. “Applicant” means the Qualified Taxpayer applying for an Agricultural Stewardship Tax Credit in a given year. 1.5. “Department” or “CDA” means the Colorado Department of Agriculture created in section 35-1- 103, C.R.S. 1.6. “Farm” has the meaning set forth in section 39-1-102 (3.5), C.R.S. 1.7. “Notice of Completeness” means the written notice that the Colorado Department of Agriculture provides to an Applicant who has submitted a complete application for an Agricultural Stewardship Tax Credit. 1.8. “Perennial Practices” describes agricultural stewardship practices that are implemented on operations that focus on the cultivation and management of crops that are not harvested or replanted within one calendar year. 1.9. “Qualified Stewardship Practice” has the meaning set forth in section 39-22-561(2)(b), C.R.S. 1.10. “Qualified Taxpayer” has the meaning set forth in section 39-22-561(2)(c), C.R.S. 1.11. “Ranch” has the meaning set forth in section 39-1-102(13.5), C.R.S. 1.12. “Supplemental Practices” describe Qualified Stewardship Practices or exercises that are relevant to and can be implemented on any operation type and in combination with Annual or Perennial 1.13. “Tax Credit Certificate” or “Credit Certificate” means a credit certificate awarded under the Agricultural Stewardship Tax Credit program as defined at section 39-22-561(2)(a), C.R.S. 1.14. “Waitlist” means that list described in section 39-22-561(6)(a), C.R.S.

2. Tax Credit Application Process 2.1. The Department will post the full application, required documents, and the date the Tax Credit Certificate application opens on the Agricultural Stewardship Tax Credit website: www.https://ag.colorado.gov/ag-stewardship-tax. 2.2. An Applicant may only submit one application per calendar year. Any Tax Credit Certificate issued will apply to the tax year that begins during the calendar year for which it is awarded. 2.3. Applications will be reviewed in the order received, based on the date and time the Department receives an application. 2.4. An Applicant must submit a complete Tax Credit Certificate application and provide all required documents, materials, and any other information to support the claimed Qualified Stewardship Practice described in Section 7 below. Upon reviewing the application, the Department will notify an Applicant if the Applicant’s application is incomplete or complete. 2.4.1. An Applicant will have 10 business days from the date of the Department’s written notification of incompleteness to correct any deficiencies, after which the Department will deny the application. 2.5. The Department will issue tax credits in an aggregate amount of three million dollars per calendar year. After the Department has issued tax credits in an aggregate amount of three million dollars per calendar year, the Department will place additional claims in an aggregate amount of two million dollars per calendar year on a Waitlist. After the Department has placed additional claims in an aggregate amount of two million dollars per calendar year on a Waitlist, the Department will deny any remaining claims in that calendar year. 2.6. An eligible Applicant may only receive a tax credit for the calendar year in which the Applicant implemented the Qualified Stewardship Practice(s). 2.7. For an Applicant who submits a complete application, including the supporting documents for the identified Qualified Stewardship Practice(s) identified in Section 7 below, the Department will issue a Notice of Completeness, which will include the estimated dollar amount of the tax credit awarded to the Applicant, based upon the proposed Qualified Stewardship Practice(s) and the proposed acreage impacted. The Notice of Completeness will also include relevant deadlines based on the identified Qualified Stewardship Practice(s). 2.7.1. In order to be awarded a Tax Credit Certificate, Applicants must comply with the Department’s demonstration requirements, including any deadlines. Failure to comply with any demonstration requirements or deadlines may constitute an immediate denial of the application. 2.7.2. If an eligible Applicant receives a Notice of Completeness and is unable to implement or complete the Qualified Stewardship Practice(s) within that calendar year, the Applicant must notify the Department in a timely manner. 2.8. Per section 39-22-561(3)(b)(I), C.R.S., an Applicant may only receive an Agricultural Stewardship Tax Credit for three income tax years.

3. Waitlist 3.1. After the Department has issued tax credits in an aggregate amount of three million dollars in a calendar year, the Department will place no more than two million dollars in applications for a tax credit on a Waitlist, in the following priority: 3.1.1. First, to a Qualified Taxpayer who has been issued a Tax Credit Certificate in the calendar year preceding the calendar year in which the Qualified Taxpayer is placed on the Waitlist. 3.1.2. Second, to a Qualified Taxpayer whom the Department previously placed on the Waitlist. 3.2. The Department will not place on the Waitlist an Applicant who has not complied with the Department’s implementation or demonstration requirements. 3.3. The Department will notify an Applicant when the Applicant is on the Waitlist. 3.4. An Applicant on the Waitlist will be issued a Tax Credit Certificate for the following calendar year after the Applicant has implemented the Qualified Stewardship Practice(s) identified in the Applicant’s application and successfully demonstrated implementation, as described in Section 4 below.

4. Implementing and Demonstrating Qualified Stewardship Practices 4.1. The Applicant will be responsible for submission of the supporting documentation for each Qualified Stewardship Practice(s) described below in Section 7, including complying with any of the deadlines described in the Notice of Completeness. 4.2. An Applicant who receives a Notice of Completeness per Section 2.7 above understands and agrees that the Department may conduct a site inspection to confirm that the Qualified Stewardship Practice(s) conforms to the Applicant’s application. 4.3. Failure to comply with any demonstration requirements or deadlines may constitute an immediate denial of the application.

5. Tax Credit Certificate Issuance 5.1. The Department will only issue a Tax Credit Certificate to an Applicant who has documented successful implementation of the Qualified Stewardship Practice(s) described in the Applicant’s application and consistent with any deadlines in the Notice of Completeness. 5.2. Pursuant to section 39-22-561(5), C.R.S., a Qualified Taxpayer must file the Tax Credit Certificate with the Qualified Taxpayer’s state income tax return. 5.3. The final Tax Credit Certificate dollar amount issued by the Department will reflect only those Qualified Stewardship Practices and acreages identified in the application and Notice of Completeness and subsequently implemented and demonstrated in the calendar year for the tax year for which the Tax Credit Certificate is issued. 5.4. Per sections 39-22-561(6) and (7), C.R.S., if the tax credit exceeds the income tax due on the income of the Qualified Taxpayer for the taxable year, the excess credit may not be carried forward and must be refunded to the Qualified Taxpayer. 5.5. Per sections 39-22-561(6) and (7), C.R.S., Tax Credit Certificates are not transferable.

6. Tax Credit Certificate Award Structure 6.1. The amount of the Tax Credit Certificate issued to a Qualified Taxpayer will be based on a) the number of Qualified Stewardship Practices implemented per acre; b) the category assigned to those Qualified Stewardship Practices per 7 below; and c) the acreage upon which the Qualified Stewardship Practice(s) is implemented. No Tax Credit Certificate shall exceed the maximum allowable amounts in section 39-22-561(3)(a)(I) - (III), C.R.S. 6.2. Number of Qualified Stewardship Practice Implemented Per Acre. Applicants may implement more than one Qualified Stewardship Practice. 6.2.1. Total tax credit amount will be calculated by 1) calculating each dollar per acre for each Qualified Stewardship Practice, based on practice categories and acreage, and then 2) adding tax credit amounts together. 6.2.2. Not all Qualified Stewardship Practices are compatible. Section 7 below identifies which Qualified Stewardship Practices cannot be combined or otherwise implemented on the same acre of land. 6.3. Practice Category. Each Qualified Stewardship Practice is categorized into one of three categories. These categories are based on complexity to implement and ecosystem benefits associated with each Qualified Stewardship Practice. Section 7 below identifies the category assigned to each Qualified Stewardship Practice. 6.3.1. Category 1 Practices (those practices that are difficult to implement or have a greater benefit related to increasing soil health, improving water efficiency, or creating a more diverse and beneficial ecosystem) are eligible to receive a maximum of $50 per acre. 6.3.2. Category 2 Practices (those practices that are easier to implement or have a medium benefit related to increasing soil health, improving water efficiency, or creating a more diverse and beneficial ecosystem) are eligible to receive a maximum of $30 per acre. 6.3.3. Category 3 Practices (those practices that are the easiest to implement or have a reduced benefit related to increasing soil health, improving water efficiency, or creating a more diverse and beneficial ecosystem) are eligible to receive a maximum of $10 per acre. 6.4. Application of Acreage to Tax Credit Certificate. Tax Credit Certificate amounts will be based on total acres subject to a Qualified Stewardship Practice(s) as follows: 6.4.1. The first 10 acres subject to the Qualified Stewardship Practice(s) will receive the maximum tax credit amount per acre for the relevant category. 6.4.2. The next 90 acres (total 100 acres) will receive the maximum credit amount of the relevant category multiplied by 0.90. 6.4.3. The next 400 acres (total 500 acres) will receive the maximum credit amount of the relevant category multiplied by 0.80. 6.4.4. Any acreage above 500 acres will receive the maximum credit amount of the relevant category multiplied by 0.70. 6.5. All tax credit amounts will be rounded to the nearest dollar.

7. Qualified Stewardship Practices 7.1. Qualified Stewardship Practices are grouped below by type (Annual Cropping Systems, Perennial Cropping Systems, and Supplemental Practices that can be implemented on either annual or perennial systems) and by category as described above in Section 6.3. 7.2. Annual Practices 7.2.1. Category 1 Practices. The following Annual Practices are Category 1 Practices: No Tillage and Seasonable Cover Cropping and Seasonal Crop Rotation. 7.2.1.1. No Tillage. The management practice of growing an annual crop without disturbing the soil through tillage. Removing residue directly within the seeding or transplanting area before planting primary crop or cover crops is allowed. Types of equipment associated with no-till would include flail mowers and roller/crimpers to terminate cover crops and no-till drills for seeding. Roller crimpers, herbicides, or livestock can be used to terminate cover crops. In a notill system, no tillage is performed at any time during the calendar year. 7.2.1.1.1. Supporting Documentation. The following will be required when an Applicant submits a Tax Credit Certificate application.

(a) Written plan specifically explaining how no-tillage practices will be implemented, including details about implement/equipment types to be used on the proposed land, and (b) Map showing where practice will occur. 7.2.1.1.2. Supporting Documentation. The following will be required to (a) Written records or logs with specific focus on lack of tillage (can include records from specialized software), (b) Geotagged and time-stamped photos showing field preparation, no-till planting, crop termination, etc. with no visible tillage marks throughout the growing season, and (c) If applicable, records of herbicide or livestock used for terminating crops. 7.2.1.1.3. Eligible Combined Practices. This practice can be combined with any other Annual Practice and any Supplemental Practices except Minimized Tillage. It cannot be combined with any Perennial Practice. 7.2.1.2. Seasonal Cover Cropping and Seasonal Crop Rotation. The management practice of growing a crop between successive production crop plantings, companion planted into production crops, or alley cropping (i.e., growing trees/shrubs in alternating rows with other crops). These plantings are done within the relevant crop year to protect soil or fields that would otherwise be bare for certain periods of the year, increase species diversity within the cropping system, slow soil erosion, retain soil moisture, suppress weeds, and improve soil health. This practice is specific to annual cropping unless it is utilized as alley cropping in orchards, vineyards, or hops. 7.2.1.2.1. Supporting Documentation. The following will be required when (a) A written plan with specific details about cover cropping, companion planting or alley cropping and that must specify species to be planted, seeding density, and method of planting, (b) Map showing where practice will occur. 7.2.1.2.2. Supporting Documentation. The following will be required to (a) Written records or logs with specific focus on cover cropping, companion plantings, or alley cropping (can include records from specialized software). Records must specify planting dates, species planted, seeding density, method of planting, and method of termination, (b) Geotagged and time-stamped photos showing all planting activity, and (c) Seed tags for all plantings. 7.2.1.2.3. Eligible Combined Practices. This practice can be combined with any other Annual Practice and any Supplemental Practices. It cannot be combined with Perennial Practices. 7.2.2. Category 2 Practices. The following Annual Practice is a Category 2 Practice: Minimized Tillage. 7.2.2.1. Minimized Tillage. A management practice specific to annual crop systems that limits soil-disturbing activities while growing and harvesting crops with targeted and appropriate tilling of field surfaces. This includes minimizing tillage frequency, depth, or total area disturbed within a field. Minimized tillage practices include strip-tilling, ridge-tilling, mulch-tilling, and vertical/shallow-tilling. Strip tilling involves only tilling the soil that is within the seeded row, therefore leaving soil structure outside of the bed undisturbed. Vertical tillage involves mixing and chopping plant residue into the topsoil; this tilling process is shallow and does not disturb lower layers of soil. In a minimal tillage system, the producer reduces the level of mechanical soil disruption while still preparing a suitable seedbed for planting and managing crop residues. Tillage should not exceed 3 inches in depth OR surface disturbance must not exceed 30% with a maximum tillage depth of 6 inches. In a minimal tillage system, no intensive tillage (any tillage that goes beyond 6 inches in depth or disturbs >30% of the soil surface) is implemented in the relevant calendar year. 7.2.2.1.1. Supporting Documentation. The following will be required when (a) Written plan which specifically outlines tillage frequency, depth, type of disturbance, type of equipment to be used, and termination plan, and (b) Map showing where practice will occur. 7.2.2.1.2. Supporting Documentation. The following will be required to (a) Written records or logs of tillage equipment used (e.g., strip-till or shallow-till implements) and tillage depth (can include records from specialized software), (b) Geotagged and time-stamped photos of land before, during, and after field prep, tillage, planting, and termination activities, and (c) If applicable, records of herbicide or livestock used for terminating crops. 7.2.2.1.3. Eligible Combined Practices. This practice can be combined with any other Annual Practice and any Supplemental Practices except No Tillage. 7.2.3. Category 3 Practices. The following Annual Practices are Category 3 Practices: Managed Livestock Grazing on Cover Crop and Residue Management. 7.2.3.1. Managed Livestock Grazing on Cover Crops. The management practice of moving grazing livestock onto annual cropland to manage vegetation growth, increase or maintain forage production, and to improve animal, plant, and soil health. This practice is specific to producers that plant cover crops and then graze those crops with livestock. 7.2.3.1.1. Supporting Documentation. The following will be required when (a) A written plan with specific details about cover cropping and livestock grazing those cover crops and that must specify what type of cover crop will be used, how many animals will graze the crop, and approximate timing of grazing events, and (b) Map showing where practice will occur. 7.2.3.1.2. Supporting Documentation. The following will be required to (a) Written records with specific details about cover cropping and livestock grazing those cover crops (can include records from specialized software). The plan must specify what type of cover crop was planted, how many animals grazed the crop, and timing/length of grazing events, and (b) Geotagged and time-stamped photos of livestock grazing the cover crop. 7.2.3.1.3 Eligible Combined Practices. This practice can be combined with any other Annual Practice and any Supplemental Practices except Residue Management. 7.2.3.2. Residue Management. The management practice of maximizing ground cover on annual cropland throughout dormant/fallow seasons by making decisions to actively retain a portion of all cash crop residue on the field where it originates.

This practice includes light incorporation of residue to prevent residue from blowing away and moving grazing livestock onto cropland to utilize crop residue and to improve animal, plant, and soil health. This practice only qualifies if a producer has >30% ground cover from crop residue. When producers are grazing residue from their primary crop, animals must be removed before bare ground reaches >30%. 7.2.3.2.1. Supporting Documentation. The following will be required when (a) Written plan with specific details about how residue will be managed to maximize covered ground. The plan must specify what cash crop is grown, how the crop is harvested, and how the residue will be managed after harvest to leave no more than 30% of ground surface uncovered through dormant seasons, (b) Map showing where practice will occur. 7.2.3.2.2. Supporting Documentation. The following will be required to (a) Written records with specific details about how residue was managed to maximize ground cover (can include records from specialized software). Records must specify what cash crop was grown, how the crop was harvested, and how the residue was managed after harvest, and (b) Geotagged and time-stamped photos showing crop residue levels before, during, and after grazing or incorporation. 7.2.3.2.3. Eligible Combined Practices. This practice can be combined with any other Annual Practice and any Supplemental Practice except Managed Livestock Grazing on Cover Crops. It cannot be combined with any Perennial Practice. 7.2.3.3. Use of Seed Without Neonicotinoid Coatings. This management practice is the planting of soybean, corn, or wheat seeds that are not coated with neonicotinoid pesticides. Seeds pre-treated with these substances may cause potential risks to beneficial insects, birds, and mammals and may affect soil microbial life. This practice includes purchasing and planting non-neonicotinoid coated soybean, corn, or wheat seed. The producer must plant 100% nontreated neonicotinoid seeds on the qualifying acreage and cannot preemptively spray or otherwise apply insecticides to the crop prior to emergence. 7.2.3.3.1 Supporting Documentation. The following will be required when (a) Identification of source for non-treated seed, such as seed company, and (b) Map showing where practice will occur. 7.2.3.2.2. Supporting Documentation. The following will be required to (a) Written records with specific details on planting date, method of planting, and density of planting, (b) Receipt(s) of non-treated seed purchase.

(c) Seed tag or label, and (d) When necessary, insecticide application records to demonstrate no pre-emergent application or use on the qualifying acreage. 7.2.3.2.3. Eligible Combined Practices. This practice can be combined with any other Annual Practice and any Supplemental Practice. It cannot be combined with any Perennial Practice. 7.3. Perennial Practices 7.3.1. Category 1 Practices. The following Perennial Practices are Category 1 Practices:

Orchard and Vineyard Netting, Pollinator Habitat, Conservation Cover, and Virtual Fencing. 7.3.1.1. Orchard and Vineyard Netting. The management practice of utilizing protective mesh netting over trees/vines to reduce pest pressure from insects and birds.

This physical barrier prevents damage from common orchard pests like codling moths, Japanese beetles, and fruit-feeding birds, reducing the need for chemical controls and increasing fruit/berry yield and quality. Netting should be applied seasonally and removed in the dormant season. 7.3.1.1.1. Supporting Documentation. The following will be required when (a) A written plan with specific details for proposed netting application on an orchard/block and that must specify the type of netting, application method, application timing, and why netting is being applied, and (b) Map showing orchard or block where practice will occur. 7.3.1.1.2. Supporting Documentation. The following will be required to issuance a Tax Credit Certificate:

(a) Written records with specific details about all netting that was applied to an orchard/block (can include records from specialized software). Records must specify type of netting, application method, application timing, and why the netting was applied, and (b) Geotagged and time-stamped photos of netting application and orchard/block conditions over time. 7.3.1.1.3. Eligible Combined Practices. This practice can be combined with Seasonal Cover Cropping and Seasonal Crop Rotation (Alley Cropping) and Supplemental Practices. It cannot be combined with any Perennial Practice. 7.3.1.2. Pollinator Habitat Planting. The management practice of planting perennial cover for the specific purpose of establishing multi-species habitat for pollinating insects. Species established should be a diverse mix of flowering plants with emphasis on staggered flowering times throughout the spring/summer/fall seasons. Specific to the relevant calendar year, pollinator plantings should not be harvested during times of the year when pollinators are active but can be grazed by livestock during times of pollinator dormancy. 7.3.1.2.1. Supporting Documentation. The following will be required when (a) A written plan with specific details for proposed planting and seeding activities that must specify species to be planted, seeding density, method of planting, and estimated flowering windows for each species, and (b) Map showing where practice will occur. 7.3.1.2.2. Supporting Documentation. The following will be required to (a) Written records with specific details about planting and seeding must specify planting dates, species planted, and seeding (b) Geotagged and time-stamped photos of planting activities and (c) Seed tags for all species planted. 7.3.1.2.3. Eligible Combined Practices. This practice can only be combined Practices or any Perennial Practices. 7.3.1.3. Conservation Cover. The management practice of establishing perennial vegetative cover on land that is not being used for crop production or livestock grazing. Planting species should be chosen to provide feed or habitat for native wildlife. Ground covered on this practice can include field borders/corners or tracts specifically designated to provide wildlife habitat. 7.3.1.3.1. Supporting Documentation. The following will be required when (a) A written plan with specific details for proposed planting and seeding activities that must specify species to be planted, seeding density, method of planting, purpose of cover, and longterm plans for maintenance of the stand, and (b) Map showing where practice will occur. 7.3.1.3.2. Supporting Documentation. The following will be required to (a) Written records with specific details about planting and seeding must specify planting dates, species planted, seeding density, and method of planting, and (b) Geotagged and time-stamped photos of planting activities and field conditions over time, (c) Seed tags for all species planted. 7.3.1.3.3. Eligible Combined Practices. This practice can only be combined Practice or any Perennial Practice. 7.3.1.4. Virtual Fencing. The practice of utilizing virtual fencing as a precision livestock management practice that uses GPS technology and wireless communication to control animal movement without physical barriers. This system employs collars worn by livestock that emit auditory cues and mild electric stimuli to guide animals within designated boundaries, reducing the need for traditional fencing.

Virtual fencing allows for dynamic grazing management, improved pasture utilization, and protection of sensitive environmental areas by easily adjusting containment zones through digital mapping. This practice enhances efficiency, reduces infrastructure costs, and supports sustainable grazing by promoting even forage distribution and minimizing overgrazing. 7.3.1.4.1. Supporting Documentation. The following will be required when (a) A livestock management plan with specific details about the application of virtual fencing technologies. Plans should include head count for animals involved, when the technology will be implemented, and how the technology will be implemented to avoid the use of physical barriers and/or protect riparian/wetlands/sensitive areas. Plans/printouts from the provider company can be used for this application, and (b) Map of all land to be included in the virtual fencing management plan. 7.3.1.4.2. Supporting Documentation. The following will be required to (a) Reports generated by virtual fencing software systems showing livestock movement throughout the season. Reports should include head count of animals involved, when the technology was implemented, and how the technology was implemented to avoid the use of physical barriers and/or protect riparian/wetlands/sensitive areas, and (b) Geotagged and time-stamped photos of livestock wearing collars, collar application, and base stations. 7.3.1.4.3. Eligible Combined Practices. This practice can only be combined with Rangeland Planting and Overseeding and Supplemental Practices. 7.3.2. Category 2 Practices. The following Perennial Practice is a Category 2 Practice:

Prescribed Grazing. 7.3.2.1. Prescribed Grazing. A management practice that involves carefully planned and controlled livestock grazing to achieve specific land and ecological management goals. This practice is designed to optimize the health of the land, such as promoting plant diversity, controlling invasive species, improving soil health, and preventing overgrazing. It requires a strategic approach, with the timing, duration, and intensity of grazing tailored to the needs of the land and its ecosystem. This process must take into account forage availability, soil conditions, and local environmental factors to create a sustainable grazing plan. Fence placement, cross fencing, strategic placement of watering facilities, location of supplement/mineral stations, and/or bale/swath grazing are important tools in the implementation of this practice. 7.3.2.1.1. Supporting Documentation. The following will be required when (a) A grazing management plan specifying intended stocking rates, grazing schedules, and rotation plans. The plan must specify how the use of paddocks, fencing, watering facilities, mineral/supplement stations, and/or bale/swath grazing will be used to control livestock movement patterns. Details should include intended efforts to protect riparian/wetlands and other sensitive areas that may be negatively impacted by livestock usage. Applicants must demonstrate intent to avoid overgrazing and allow for proper resting periods for fields or paddocks, and (b) Map of all land included in grazing management plan. 7.3.2.1.2. Supporting Documentation. The following will be required to (a) Written records of actual stocking rates, grazing schedules, and rotations (can include records from specialized software).

Records must specify how the use of paddocks, fencing, watering facilities, mineral/supplement stations, and/or bale/swath grazing were used to control livestock movement patterns. Records should demonstrate that maximum efforts were implemented to protect riparian/wetlands and other sensitive areas, (b) Written explanation of any deviation from plans described in the Applicant’s application and why these deviations occurred (weather factors, accidental, etc.), (c) Geotagged and time-stamped photos of land before, during, and after grazing events with specific emphasis on demonstrating that overgrazing did not occur, and (d) Records of forage production, utilization, and rest periods for grazed areas. 7.3.2.1.3. Eligible Combined Practices. This practice can only be combined with Rangeland Planting and Overseeding and Supplemental Practices. 7.3.3. Category 3 Practices. The following Perennial Practices are Category 3 Practices:

Rangeland Planting and Overseeding and Planting or Overseeding on Perennial Hayland. 7.3.3.1. Rangeland Planting and Overseeding. The management practice of planting and overseeding on rangeland to improve degraded range, reduce bare spots, increase species diversity, or increase forage quantity/quality for livestock. 7.3.3.1.1. Supporting Documentation. The following will be required when (a) A written plan outlining specific details for proposed planting and seeding activities and that must specify species to be planted, seeding density, and method of planting, and (b) Map showing where practice will occur. 7.3.3.1.2. Supporting Documentation. The following will be required to (a) Written records with specific details about planting and seeding must specify planting dates, species planted, and seeding (b) Geotagged and time-stamped photos of planting activities and (c) Seed tags for all species planted. 7.3.3.1.3. Eligible Combined Practices. This practice can only be combined with Prescribed Grazing or Virtual Fencing and Supplemental Practices. 7.3.3.2. Planting or Overseeding on Perennial Hayland. The management practice of planting and overseeding on perennial hayland to increase stand production, reduce bare spots, or increase species diversity. Hayland is defined as ground that may or may not have livestock integrated but that is cut and harvested for forage at least one time during the relevant calendar year. 7.3.3.2.1. Supporting Documentation. The following will be required when (a) A written plan with specific details for proposed planting and seeding activities and that must specify species to be planted, seeding density, and method of planting, and (b) Map showing where practice will occur. 7.3.3.2.2. Supporting Documentation. The following will be required to (a) Written records with specific details about planting and seeding must specify planting dates, species planted and seeding (b) Geotagged and time-stamped photos of planting activities and (c) Seed tags for all species planted. 7.3.3.2.3. Eligible Combined Practices. This practice can only be combined Practices or any Perennial Practices. 7.4. Supplemental Practices 7.4.1. Category 1 Practices. No Supplemental Practices are classified as Category 1 Practices. 7.4.2. Category 2 Practices. The following Supplemental Practices are Category 2 Practices:

Soil Carbon Amendment, Irrigation Water Management, and Invasive Plant Management. 7.4.2.1. Soil Carbon Amendment. A practice aimed at improving soil health and increasing its carbon content through the application of organic materials like livestock manure, compost, compost tea, and compost extract. Biosolids (i.e., treated sewage sludge) may also be applied, provided biosolids are first composted by a state-certified facility to ensure safety and quality. Material applied under this practice must be done with consideration of nutrient content and to prevent nutrient runoff to local waterways, including testing for nutrient content and application in accordance with agronomic rates to avoid overapplication. 7.4.2.1.1. Supporting Documentation. The following will be required when (a) A written plan with specific details for the application of soil carbon amendments that must specify all materials to be applied, application methods, and application rates, and (b) Map showing where practice will occur. 7.4.2.1.2. Supporting Documentation. The following will be required to (a) Written records detailing all soil carbon amendment actions carried out, including specific materials applied, application methods, rates, and timing of applications (can include records from specialized software). Records must show that nutrient containing material was not overapplied (agronomic rate) compared to a soil analysis taken prior to application, (b) Geotagged and time-stamped photos documenting all material application activities, (c) Laboratory grade soil nutrient analysis taken before application, (d) Nutrient analysis for all applied materials. 7.4.2.1.3. Eligible Combined Practices. This practice can be combined with any Annual Practices, Perennial Practices, and Supplemental Practices. 7.4.2.2. Irrigation Water Management. A practice focused on improving the timing and efficiency of irrigation events to optimize water use and energy consumption while ensuring plants receive adequate water for healthy growth. This practice involves precisely timing irrigation events to align with the plant's water needs, minimizing waste, and preventing over-irrigation. To determine the optimal timing for irrigation, producers must utilize advanced techniques such as monitoring soil moisture levels or tracking evapotranspiration (ET), which provides insights into the plant's actual water requirements based on environmental conditions. This management practice can also include the use of variable rate irrigation systems, surge valves, and other irrigation. infrastructure/technologies designed to increase irrigation efficiency. 7.4.2.2.1. Supporting Documentation. The following will be required when (a) A written irrigation management plan with proposed timing, frequency, and application amounts for all irrigation events that outlines strategies for optimizing irrigation timing and efficiency.

The plan must outline these efforts by providing details for any novel irrigation technologies to be used, efforts to monitor soil moisture levels, time irrigation events using evapotranspiration (ET) rates, or other novel methods of assessing crop water needs, along with how irrigation schedules will be adjusted based on these devices and measurements. The plan should also include documentation of irrigation system specifications, including the type of irrigation system used (e.g., drip, sprinkler) and any technologies or sensors in place for monitoring water use, and (b) Map of all land included in the irrigation management plan. 7.4.2.2.2. Supporting Documentation. The following will be required to (a) Written records showing the timing, frequency, and application rates for all irrigation events for the season with specific details about any novel irrigation technologies used, efforts to monitor soil moisture levels, efforts to time irrigation events using evapotranspiration (ET) rates, or any other novel methods of assessing crop water needs that were used throughout the irrigation season. These records can include printouts from soil moisture monitoring systems, data from ET gauges (local to the field), data from weather stations with automated ET calculations (local to the field), ET calculations from CSU weather stations, or other types of software used for the electronic tracking of irrigation water management, and (b) Geotagged and time-stamped photos of all devices used towards irrigation efficiency, including soil moisture monitoring systems, ET gauges, variable rate sprinkler systems, surge valves, etc. 7.4.2.2.3. Eligible Combined Practices. This practice can be combined with 7.4.2.3. Invasive Plant Management. A management practice focused on eliminating, controlling, or preventing the spread of invasive plant species that threaten local ecosystems, agricultural productivity, and biodiversity. For the purposes of this Qualified Stewardship Practice, “invasive plant species” means any weed species, including state-listed noxious weeds or locally designated noxious weeds, whose introduction or presence causes or is likely to cause economic or environmental harm or harm to human health. This term includes kochia, Russian thistle, pigweed, and palmer amaranth, but does not include sagebrush, yucca, cactus, milkweed, or other native plants that provide or can provide critical habitat to wildlife. Effective control requires a management plan specific to fields claimed for the tax credit that identifies target species, assesses the infestation level, and outlines appropriate methods for control, including cultural, mechanical, biological, or chemical approaches. Management of state-listed noxious weed species under this practice must align with state management objectives in accordance with the Noxious Weed Act, § 35-5.5-101, et seq., C.R.S., and any local government’s weed management plan. Regular monitoring and follow-up are essential to assess the success of the plan and to adapt strategies as needed. 7.4.2.3.1. Supporting Documents. The following will be required when an Applicant submits a Tax Credit Certificate application:

(a) A management plan outlining strategies to eliminate, control, and prevent the spread of invasive plant species. All plans must identify the target species, provide an assessment of infestation levels and details for intended control methods, as well as details for follow-up monitoring with management strategies for observed results, (b) Plans featuring biological control must specify control species to be utilized and provide details of control species introduction, (c) Map of all land included in the management plan. 7.4.2.3.2. Supporting Documentation. The following will be required to (a) Written records detailing all efforts taken to eliminate, control, and prevent the spread of invasive plant species (can include records from specialized software). Records must identify the species targeted, explain what control methods were employed, and include all followup monitoring and management efforts that occurred in the calendar year, (b) Geotagged and time-stamped photos of all efforts taken under the management plan to control invasive plant species, including chemical control methods, manual removal, and biocontrol releases, and (c) Geotagged and time-stamped photos taken before and after management efforts were enacted. 7.4.2.3.3. Eligible Combined Practices. This practice can be combined with 7.4.3. Category 3 Practices. The following Supplemental Practice is a Category 3 Practice:

Nutrient Management. 7.4.3.1. Nutrient Management. A practice aimed at optimizing fertilizer use to enhance soil health and crop productivity while minimizing environmental impact.

Producers must employ advanced techniques such as split fertilizer applications, slow-release fertilizers, fertigation, or other smart application methods that ensure nutrients are delivered efficiently, in sync with the crop's needs, and at the appropriate times. These targeted applications are based on a soil analysis specific to the field, ensuring that the amounts applied meet or do not exceed the fertilizer requirements for that particular field and crop. 7.4.3.1.1. Supporting Documentation. The following will be required when (a) A written plan with specific details for all proposed fertilizer applications that specifies fertilizer types, application methods, and application rates. To qualify for this practice, the written plan must demonstrate some form of application efficiency, such as the use of a fertigation system or timing applications with crop needs via split applications or slow-release fertilizers, and (b) Map showing where practice will occur. 7.4.3.1.2. Supporting Documentation. The following will be required to (a) Written records detailing the nutrient management practices carried out, including specific fertilizer types used, application methods, rates, and timing of applications (can include records from specialized software). Records must show that fertilizer was not overapplied (agronomic rate) compared to a soil analysis taken prior to application, (b) Geotagged and time-stamped photos documenting fertilizer application activities and specifically showing the efficiency efforts outlined in the Applicant’s application, (c) Laboratory grade soil nutrient analysis taken before application of fertilizer(s), and (d) Material safety data sheets for fertilizers applied. 7.4.3.1.3. Eligible Combined Practices. This practice can be combined with 8. General Provisions 8.1. Applicants are responsible for complying with any applicable local, state, or federal laws and for operating within the scope of any necessary license, registration, permit, approval, or agreement.

Applicants are responsible for obtaining any necessary local, state, or federal regulatory review associated with implementation of the Qualified Stewardship Practice(s) identified in the Applicant’s application. 8.2. A Qualified Taxpayer who receives a Tax Credit Certificate understands and agrees that the Department may conduct further site inspections to review implementation of the Qualified Stewardship Practice(s) identified in the Applicant’s application.

9. Statements of Basis, Specific Statutory Authority, and Purpose 9.1. Adopted May 15, 2025 – Effective July 15, 2025 Statutory Authority The Commissioner of the Colorado Department of Agriculture (“Department”) adopts these rules pursuant to the Commissioner’s authority under sections 39-22-561(2)(b), (3)(a), and (8), C.R.S.

Purpose

Section 39-22-561, et seq., C.R.S., creates an agricultural stewardship tax credit to encourage qualified taxpayers to actively practice one or more Qualified Stewardship Practices on a farm or ranch, including any practice that increases soil health, improves water efficiency, or creates more diverse and beneficial ecosystems while maintaining the productivity of the farm or ranch. The Commissioner adopts these rules to administer the application submission and review process required to claim the tax credit; to specify requirements for implementing and demonstrating completion of the Qualified Stewardship Practice(s) described in the application; to set tax credit amounts and parameters affecting the same; and to issue a tax credit certificate consistent with the process described in the rules.

Factual and Policy Issues The factual and policy issues encountered when developing these rules include:

1. As required by section 39-22-561(8), C.R.S., the Department held multiple virtual and in-person stakeholder engagement sessions between August 28, 2024 and February 21, 2025 wherein the Department requested and received feedback on: a) which Qualified Stewardship Practices to include; b) the Tax Credit Certificate application process; and c) the requirements for implementing and demonstrating Qualified Stewardship Practices. Incorporating the feedback received at those stakeholder meetings, Section 7 includes descriptions of various Qualified Stewardship Practices, as well as the supporting documentation required to demonstrate completion of those practices.

2. In identifying the Qualified Stewardship Practices described in Section 7, the Department relied upon the definition of Qualified Stewardship Practice in section 39-22-561(2)(b), C.R.S., practices commonly implemented by landowners participating in the Colorado Soil Health Program, and common stewardship practices described by the National Resources Conservation Service (NRCS), an agency within the United States Department of Agriculture (USDA) that provides technical and other assistance to landowners to help them conserve and improve soil, water, air, and other natural resources on private lands. All Qualified Stewardship Practices identified in

Section 7 either increase soil health, improve water use efficiency, or create more diverse and beneficial ecosystems in accordance with section 39-22-561(2)(b), C.R.S.

3. When developing the Tax Credit Certificate award structure, the Department researched current costs to implement the Qualified Stewardship Practices described in Section 7, reviewed reimbursement requests from producers enrolled in the Colorado Soil Health Program and other Department programs, and considered USDA-NRCS’s reimbursement rates for various conservation practices. The Department also incorporated feedback received from farmers, ranchers, researchers, and other conservation practice experts during the stakeholder engagement process in order to estimate the effect that different stewardship practices have on soil health, water quality, and resiliency, diversity, and functionality of ecosystems.

4. The Qualified Stewardship Practices defined in Section 7 differ with respect to operational complexity; length of time, ease, or cost to implement; and anticipated short- or long-term effect on soil health, water efficiency, surrounding ecosystems, and farm or ranch productivity.

Therefore, Section 6.3 defines three categories of Qualified Stewardship Practices based on degree of impact and ease of implementation, and Section 7 assigns each Qualified Stewardship Practice to one of these three categories. This category assignment is taken into account when determining the Tax Credit Certificate amount associated with a given Qualified Stewardship Practice. The Department developed these categories and assigned each Qualified Stewardship Practice to a specific category based upon input from stakeholders, consultation with NRCS, the Colorado State Conservation Board, representatives from Colorado State University, and data from the Colorado Soil Health Program and USDA-NRCS programs.

5. The cost to implement a Qualified Stewardship Practice differs depending on the size of the farm or ranch implementing the practice. Because there is a cost efficiency for implementing Qualified Stewardship Practices on larger farm or ranch operations (i.e., more acres), the total acres impacted by the Qualified Stewardship Practice factor into the final Tax Credit Certificate amount.

Therefore, Section 6.2 describes that the maximum credit amount is allotted to the first 10 acres under that Qualified Stewardship Practice(s), and that credit amount per acre decreases as the affected acreage increases. The Department included the specific acreage ranges that appear in

Section 6.4 based upon farm census data showing approximate farm size in Colorado.

6. Although sections 39-22-561(3)(a)(I) - (III), C.R.S., increase the maximum credit amount claimed when there is more than one Qualified Stewardship Practice implemented on a piece of land, there are certain Qualified Stewardship Practices that are incompatible due to their definition and conflicting management strategies and stewardship outcomes. For example, the “No Till”

Qualified Stewardship Practice requires no tillage to disturb the land during the calendar year, and thus it cannot be combined with a “Minimized Till” Qualified Stewardship Practice, which requires tillage. Similarly, Qualified Stewardship Practices that require grazing (i.e., Prescribed Grazing) cannot be combined with Qualified Stewardship Practices that prohibit grazing (i.e., Pollinator Habitat or Conservation Cover). Finally, Annual Practices are commonly practiced on annual systems (croplands), while Perennial Practices are commonly practiced on perennial operations (hayland, rangeland), and thus Annual and Perennial Practices would not be compatible on the same acreage. In contrast, Supplemental Practices can be implemented on any type of operation and thus are compatible with all other practices. To account for such realities, the Department has included in each description of a Qualified Stewardship Practice in

Section 7 whether that practice can or cannot be combined with other practices.

7. Section 39-22-561(6), C.R.S., establishes a Tax Credit Certificate waitlist that the Department will manage each year. Therefore, as described in Part 3.1, after issuing tax credits in an aggregate amount of three million dollars for a given calendar year, the Department will place no more than two million dollars in claims on a waitlist to receive a tax credit for the next calendar year.

Placement on this waitlist will follow the order of priority established in section 39-22-561(6), C.R.S., and set forth in Part 3.2 and will only occur once an applicant has submitted a complete application with all required supporting documentation necessary to demonstrate implementation of the Qualified Stewardship Practice(s) described in the applicant’s application. Notification of placement on the waitlist and issuance of a Tax Credit Certificate to waitlisted applicants for the next calendar year will occur as described in Part 3.

8. During the rulemaking period and the public hearing held on April 18, 2025, the Department received written and verbal comments in favor of including a Qualified Stewardship Practice covering the use of non-neonicotinoid coated seeds. The Department considered these comments and reviewed other literature, including U.S. Environmental Protection Agency pesticide registration review documents for certain neonicotinoid active ingredients. Literature indicates that seeds treated with neonicotinoid active ingredients may pose potential risks to beneficial insects, birds, and mammals and may affect soil microbial health. A practice where such coated seeds are not used may reduce risk to such organisms or environments, thereby benefiting and promoting the diversity of ecosystems and organisms therein. Therefore, the Department has added the following Annual Qualified Stewardship Practice: Use of Seed Without Neonicotinoid Coatings at Part 7.2.3.3. This Qualified Stewardship Practice will apply only to corn, wheat, and soybean seeds, as those crops account for the majority of neonicotinoid coated seeds in Colorado. This will be a Category 3 practice, based on the degree of impact and ease of implementation, as described in Factual and Policy Issue 4 above. _________________________________________________________________________ Editor’s Notes

History New rule eff. 07/15/2025.

1207 Agriculture Commissioner's Office

8 CCR 1207-1 Rules and Regulations Pertaining to the Administration and Enforcement of § 35-45-109, C.r.s. {#sec-8-ccr-1207-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1207-1}

DEPARTMENT OF AGRICULTURE

Agriculture Commissioners Office RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF § 35-45-109, C.R.S.

8 CCR 1207-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definitions. 1.1. “Board” means a board of district advisers created pursuant to § 35-45-109 (2)(a), C.R.S. 1.2. “Permittee” means a person or group of persons who hold a lease(s) or permit(s) to graze livestock upon public lands under the jurisdiction of a Bureau of Land Management District Office.

Part 2. Petition process for establishing a board of district advisers. 2.1. Upon submission to the commissioner of a petition signed by a simple majority of the livestock lessees and permittees within the jurisdiction of a grazing district, the commissioner shall establish a board of district advisers for that grazing district. 2.2. The petition shall be in writing and shall be substantially similar to the following:

Do not sign this petition unless you are an eligible permitted or lessee. To be an eligible permittee or lessee, you must have a grazing permit or lease in the _______________________ grazing district. A “permittee” is a person or group of persons who hold a lease(s) or permit(s) to grare livestock upon public lands under the jurisdiction of a Bureau of Land Management District Office. _______________________ PETITION FOR THE CREATION OF A BOARD OF DISTRICT ADVISERS _______________________ Pursuant to § 35-45-109, C.R.S. (1993 Supp.), the following permittees or lessees petition the Colorado Commissioner of Agriculture for the creation of a board of district advisers for the _______________________ grazing district.

SIGNATURE PRINTED

NAME

NAME (COMPANY OR

INDIVIDUAL)

ADDRESS RESOURCE

AREA

DATE 2.3. Along with a petition, those permittees desiring to establish a board of district advisers shall submit to the commissioner a list of all persons and authorized agents, if any, who hold a lease or permit to graze livestock upon public lands under the jurisdiction of a Bureau of Land Management District Office. 2.4. When a majority of permittees petition the commissioner to create a board, the commissioner shall appoint an interim board pursuant to Part 3 of this rule, to conduct necessary affairs for a period not to exceed 120 days. 2.5. Within 30 days after the commissioner establishes an interim board, nominations for election to a board shall be submitted to the commissioner from persons who hold a lease or permit to graze livestock upon public lands under the jurisdiction of a Bureau of Land Management District Office. 2.6. Within 60 days after the close of nominations, the livestock lessees and permittees shall elect individuals to the board.

Part 3. Composition of board. 3.1. Only an individual permittee or an authorized agent of a permittee who holds a grazing lease or permit on public lands under the jurisdiction of a Bureau of Land Management District Office shall be eligible to serve as a member of a board. 3.2. Each board shall be composed of five to nine members. Unless otherwise designated by the petitioners, the board shall be composed of 5 members. 3.3. Each board shall be composed of proportionate representation from the District's Resource Areas.

To the extent that it is practical, the board shall be composed of sheep and cattle grazing permittees or lessees from each Resource Area.

Part 4. Member service. 4.1. Board members shall serve a term of three years, and individuals may be re-elected to no more than three successive terms. Board terms expire on March 1. However, the first term of a newlycreated board (pursuant to Part 2 of this rule) shall serve for three to four years so as to allow the boards to complete three full years of service. 4.2. No board member shall participate in deliberations or vote on any matter in which the member has a direct interest. 4.3. Upon receiving a written request from the board, or in the judgment of the commissioner, the commissioner may terminate the service of a member to a board if:

(a) such action is in the public interest and such action will facilitate the fulfillment of the responsibilities of the board;

(b) a board member no longer meets the requirements under which elected;

(c) the member or permittee fails to meet the provisions of Part 3 of this rule; or (d) the member or permittee fails or is unable to participate regularly in board work. 4.4. Board service shall be without cost to the state. 4.5. In the event of a vacancy occurring under section 4.3, or a vacancy occurring for any other reason, the commissioner shall, in consultation with the affected board, appoint an individual to serve the unexpired term. Consideration shall be given to those nominees who received a large number of votes in the prior election. Any person appointed by the commissioner must meet the requirements of part 3.1 and 3.3.

Part 5. Election process. 5.1. The boards shall solicit, by mail, nominations from the permittees in accordance with Part 3 of this

rule. 5.2. Nominations to the boards that will be placed on the ballot shall be submitted to the commissioner by December 1 before the expiration of the current board members' terms. The commissioner shall review and may refuse any nomination or nominations under the criteria set forth in Part 3 and

Part 4 of this rule. 5.3. Elections may be held any time after January 1 before the expiration of the current board members' terms but shall be held at least 5 working days before the expiration of the current board members' terms. 5.4. Results of the election must be promptly reported to the Commissioner.

Part 6. Meetings. 6.1. Meetings of the board shall be open to the public and shall be subject to the provisions of §§ 24-6- 401 and 402, C.R.S. The public shall be given opportunity to express opinions on the items under consideration.

Part 7. Records. 7.1. Detailed records shall be kept of each meeting of a board. These records shall include the following:

(a) The time and place of the meeting;

(b) Copies of the public notices announcing the meeting;

(c) A list of members of the board present;

(d) The meeting agenda;

(e) A complete and accurate summary description of matters discussed and conclusions reached;

(f) A list of recommendations made by the board;

(g) Copies of all reports received, issued, or approved by the board; and (h) All records of the board are public records as defined in § 24-72-202, C.R.S.

Part 8. Public funds. 8.1. All moneys under the control of the board are public moneys and subject to §§ 11-10.5-101 to 112, C.R.S. the Public Deposit Protection Act. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1207-2 Rules Pertaining to Administrative Hearings Conducted Within the Colorado Department of Agriculture and to Petitions for Declaratory Orders {#sec-8-ccr-1207-2 omnilex-key=us-co-regs-official--department-1--8 CCR 1207-2}

DEPARTMENT OF AGRICULTURE

Agriculture Commissioners Office RULES PERTAINING TO ADMINISTRATIVE HEARINGS CONDUCTED WITHIN THE COLORADO DEPARTMENT OF AGRICULTURE AND TO PETITIONS FOR DECLARATORY ORDERS 8 CCR 1207-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE

The rules pertaining to administrative hearings conducted within the Colorado Department of Agriculture are adopted pursuant to the powers granted to the Department, the State Agricultural Commission, and the Commissioner of Agriculture to conduct hearings including Sections 35-1-104(1)(c) and 35-1- 106(1)(h), C.R.S. (1998) and the powers granted to the Colorado State Board of Stock Inspection Commissioners to conduct hearings including Sections 12-11-101 and 35-41.5-112 and 113, and the powers granted in individual Articles pertaining to rulemaking, including Sections 35-4-116, 35-9-118(2), 35-10-118(2), 35-11-104, 35-11.5-104, 35-14-107(1)(o), 35-24.5-106, 35-25-105, 35-26-111, 35-27- 114(1)(b), 35-27.5-103, 35-28-116(1), 35-33-104, 35-40-101(2), 35-41.5-105, 35-50-101, 35-52-118, 35- 53.5-103, 35-55-113(6), 35-59-110(2), 35-60-109, 35-80-109, 12-16-117, and 12-16-210, C.R.S. (1998) as well as the provisions of Section 24-4-105, C.R.S. (1998).

The rules pertaining to petitions for declaratory orders are adopted pursuant to Section 24-4-105(11), C.R.S. (1998).

The purposes of these rules are: to define by rule the procedures which will be applicable to administrative hearings conducted within the Colorado Department of Agriculture in order to ensure that such hearings are conducted fairly and in an orderly fashion; and to define the procedure which will be applicable to petitions for declaratory orders.

Part 1. Scope of rules These rules apply to the conduct of all cases within the Colorado Department of Agriculture. These rules do not apply to any cases referred to the Colorado Department of Personnel, Division of Administrative Hearings, which Division has adopted its own rules of procedure.

Part 2. Definition and construction of terms A. As used in these rules, the following words have the following meanings:

1. “Agency” means any board, bureau, commission, division, section or officer of the Colorado Department of Agriculture.

2. “Expanded media coverage” means any media recording or broadcasting of proceedings by the use of television, radio, photographic, or recording equipment.

3. “Hearing Officer” means the individual, or the group of individuals, assigned to hear the case.

B. In applying these rules:

1. Words in the singular shall include the plural and words in the plural shall include the singular.

2. These rules shall be liberally construed to secure the just, speedy and inexpensive determination of all matters presented.

3. Appendices to these rules are considered to be part of these rules.

Part 3. Entry of appearance and withdrawal of counsel.

A. No attorney shall appear in any matter before the Hearing Officer until an appearance has been entered by filing an Entry of Appearance or signing a pleading. An Entry of Appearance shall state the identity of the party for whom the appearance is made, the attorney's office address and telephone number and the attorney's registration number. Nothing contained herein shall preclude an out of state attorney from being admitted in accordance with C.R.C.P. 221.1.

B. An attorney may withdraw from a case only upon order of the Hearing Officer. Approval to withdraw shall not be granted until the attorney seeking to withdraw has made reasonable efforts to give actual notice, at least 20 days prior to any the hearing or other scheduled appearance, to the client that:

1. the attorney wishes to withdraw;

2. the client has the burden of keeping the Hearing Officer informed of the address where notices, pleadings, or other papers may be served;

3. the client has the obligation to prepare for hearing or to hire other counsel to prepare for hearing;

4. if the client fails or refuses to meet these burdens, the client may suffer an adverse determination in the hearing;

5. the holding of further proceedings will not be affected by the withdrawal of counsel. The notice shall set forth the dates set for any further proceedings;

6. pleadings and papers in the case may be served upon the client at the client's last known address; and 7. the client has the right to object within 15 days of the date of notice.

The above notification must be in writing and filed with the Hearing Officer along with a statement showing the manner in which such notification was given to the client and setting forth the client's last known address and telephone number.

C. The client and opposing counsel shall have 15 days from the date of the notice to object to a withdrawal. After withdrawal the client shall be notified by the withdrawing attorney of the effective date of the withdrawal, and all pleadings, notices or other papers may be served on the party directly by mail at the last known address of the party until new counsel enters an appearance.

Part 4. Files and hearings open to the public As provided in the Colorado Open (Public) Records Act, all files shall be open to public inspection, unless otherwise prohibited by law, regulation or court order, or when upon motion and order the agency or Hearing Officer otherwise has the authority or discretion to prohibit public inspection. All hearings shall be open to the public unless prohibited by law, regulation or court order or closed by order of the Hearing Officer or the agency.

Part 5. Expanded media coverage Expanded media coverage of cases before the Hearing Officer may be permitted at the discretion of the Hearing Officer under such conditions as the Hearing Officer may designate. In determining whether expanded media coverage should be permitted, the Hearing Officer shall consider the following factors:

A. Whether there is a reasonable likelihood that expanded media coverage would interfere with the rights of the parties to a fair hearing;

B. Whether there is a reasonable likelihood that expanded media coverage would unduly detract from the solemnity, decorum and dignity of the proceedings;

C. Whether expanded media coverage would create adverse effects that would be greater than those caused by traditional media coverage.

Part 6. Rules of Civil Procedure.

To the extent practicable, and unless inconsistent with these rules, the Colorado Rules of Civil Procedure (“C.R.C.P.”) apply to matters before the Hearing Officer. However, C.R.C.P. 16, does not apply. Unless the context otherwise requires, whenever the word “court” appears in a rule of civil procedure, that word shall be construed to mean a Hearing Officer.

Part 7. Rules of Evidence To the extent practicable the Colorado Rules of Evidence applicable in civil cases apply in all hearings conducted by the Hearing Officer. Unless the context requires otherwise, whenever the word “court”, “judge” or “jury” appears in the Colorado Rules of Evidence such word shall be construed to mean a Hearing Officer. A Hearing Officer has the discretion to admit evidence not admissible under such rules, as permitted by law.

Part 8. Ex parte communications With the exception of scheduling or other purely administrative matters a party or counsel for a party shall not initiate any oral communication with a Hearing Officer pertaining to a matter before the Hearing Officer unless prior consent of all other parties or their counsel has been obtained. Copies of all pleadings or correspondence filed with the Hearing Officer by any party shall be served upon all other parties or their counsel.

Part 9. Computation and modification of time In computing any period of time prescribed or allowed by these rules, the provisions of C.R.C.P. 6(a) and 6(e) shall apply. The time periods of these rules may be modified at the discretion of the Hearing Officer.

Any pleadings or other documents received by the Hearing Officer after 5:00 p.m. shall be deemed to be filed the next business day.

Part 10. Filing of pleadings and other papers The originals of all pleadings and other papers filed in a case before the Hearing Officer shall be filed with the Hearing Officer.

Part 11. Filing of pleadings and other papers by facsimile copy A. The facsimile capabilities of the Hearing Officer are limited. Parties are encouraged to avoid filing pleadings by facsimile copy, except when reasonably required by time constraints. Pleadings in excess of 10 pages may not be filed by facsimile copy unless prior-authorized by the Hearing Officer.

B. Facsimile copies shall be accompanied by a cover sheet which states the title of the document, case number, number of pages, identity and voice telephone number of the transmitter and any instructions.

C. Facsimile copies received by the Hearing Officer after 5:00 p.m. will be considered to have been filed on the next business day.

D. The original pleading shall be filed within 5 business days of all pleadings filed by facsimile

Part 12. Service of pleadings and other papers Service of pleadings or other papers on a party or on an attorney representing a party may be made by hand delivery, by mail to the address given in the pleadings, or to the party's last known address. When a party is represented by an attorney, service shall be made on the attorney.

Part 13. Determination of motions A. Any motions, except those made during hearing or when the Hearing Officer deems an oral motion to be appropriate, involving a contested issue of law shall be supported by a recitation of legal

authority either incorporated into the motion or set forth in a separate memorandum brief. If the moving party chooses to submit a brief rather than incorporate the recitation of legal authority into the motion, the brief shall be filed with the motion, except for motions under C.R.C.P. 12, for which motions an additional 10 days to file a separate brief will be allowed. A responding party shall have 10 days or such lesser or greater time as the Hearing Officer may allow in which to file and serve a responsive brief. Reply briefs will be permitted only upon order of the Hearing Officer.

If so ordered, the reply brief must be filed within 5 days of the order of the Hearing Officer.

B. If a party files a motion which does not involve a contested issue of law, the opposing party will have 10 days, or such lesser or greater time as the Hearing Officer allows, in which to file a response.

The moving party will not be permitted to file a reply unless ordered by the Hearing Officer. If so ordered, the reply must be filed within 5 days of the order of the Hearing Officer.

C. If facts not appearing of record before the Hearing Officer may be considered in disposition of the motion, the parties may file affidavits at the time of filing the motion or responsive or reply brief.

Copies of such affidavits and any documentary evidence used in connection with the motion shall be served on all other parties.

D. If the moving party fails to incorporate legal authority into the motion and fails to file a separate brief with the motion, the Hearing Officer may deem the motion abandoned and may enter an order denying the motion. Failure of the responding party to file a responsive brief may be considered a confession of the motion.

E. If possible, motions will be determined upon the written motion and briefs submitted. The Hearing Officer may order oral argument or evidentiary hearing on the Hearing Officer's own motion or on request of a party, in which event all parties will be notified of such order. If any party fails to appear at an oral argument or hearing without prior showing of good cause for non-appearance, the Hearing Officer may proceed to hear and rule on the motion.

F. An expedited hearing on any motion may be held at the instance of the Hearing Officer. If any party requests that a motion be determined immediately with or without a hearing, or that a hearing be held on a motion in advance of a previously set motions date, that party shall:

1. Inform the Hearing Officer of said request.

2. Contact all other parties, determine their position on the motion, and indicate on the face of the motion whether other parties oppose the motion and whether they will request a hearing on the motion.

3. If a hearing is desired by any party and authorized by the Hearing Officer the moving party, upon advance notice to the Hearing Officer, shall notice in all other parties to set the matter directly with the Hearing Officer on an expedited basis.

G. Any defense enumerated in C.R.C.P. 12 may be made by motion. All such motions shall be filed within 10 days after the answer required by the Administrative Procedure Act. Any such motion not filed within the time limits established by this section or by the Hearing Officer, except motions asserting a lack of jurisdiction over the subject matter, shall be waived.

Part 14. Consolidation A party seeking consolidation of two or more cases shall file a motion to consolidate in each case sought to be consolidated. If more than one Hearing Officer has been assigned to the cases sought to be consolidated, the motion shall be determined by the Hearing Officer assigned to the case first filed. If consolidation is ordered, all subsequent filings shall be in the case first filed and all previous filings related to the consolidated cases shall be placed together under that case number. Consolidation may be ordered on a Hearing Officer's own motion.

Part 15. Discovery A. To the extent there is no conflict with these rules, C.R.C.P. 26 through 37 apply to proceedings within the scope of these rules, except to the extent that they provide for or relate to disclosures, numerical limitations on discovery requests, or the time when discovery can be initiated.

Discovery may be conducted by any party without authorization of the Hearing Officer.

B. C.R.C.P. 16 does not apply to proceedings before the Hearing Officer.

C. In addition to the requirements of C.R.C.P. 36, a request for admission shall explicitly advise the party from whom an admission is requested that failure to respond to the request within 30 days after service may result in all of the matters stated in the request being deemed established for the

purpose of the hearing. The request for admission shall further state that if the party to whom the request is directed fails to appear at the hearing, any controverted factual matter may be resolved adversely to that party on the basis of such admission. The failure to comply with this rule may result in the matters contained in the request being deemed denied.

Part 16. Prehearing procedure and prehearing conference A. C.R.C.P. 16 does not apply to proceedings before the Hearing Officer.

B. Whether a formal prehearing conference is held shall be discretionary with Hearing Officer.

C. Unless otherwise ordered by the Hearing Officer, in cases in which no prehearing conference is held, each party shall file with the Hearing Officer and serve on each other party a prehearing statement in substantial compliance with the form as outlined in Appendix A to these rules.

Prehearing statements shall be filed and served no later than 20 days prior to the date set for hearing or such other date established by the Hearing Officer. Exhibits shall not be filed with prehearing statements, unless ordered by the Hearing Officer. Exhibits shall be exchanged between the parties by the date on which prehearing statements are to be filed and served or on such other date as ordered by the Hearing Office.

1. The authenticity of exhibits, statutes, ordinances, regulations or standards set forth in the prehearing statement shall be admitted unless objected to in a written objection filed with the Hearing Officer and served on other parties no later than 10 days prior to hearing.

2. The information provided in a prehearing statement shall be binding on each party throughout the course of the hearing unless modified to prevent manifest injustice. New witnesses or exhibits may be added only if the need to do so was not reasonably foreseeable at the time of filing of the prehearing statement and then only if it would not prejudice other parties or necessitate a delay of the hearing.

D. Prehearing conferences may be held at the discretion of the Hearing Officer, upon request by any party or upon the Hearing Officer's own motion. If any party deems a prehearing conference advisable, that party shall call such advisability to the attention of the Hearing Officer.

1. Unless otherwise ordered by the Hearing Officer, no later than 10 days before the date set for prehearing conference, the parties shall:

a. Complete such discovery as is necessary for hearing of the matter.

b. Discuss the prospects of settlement and be prepared to report thereon at the prehearing conference.

c. Prepare a prehearing statement in substantial compliance with the form set forth in

Appendix A to these rules, file it with the Hearing Officer and serve it on all other parties.

d. Be prepared to consider any matters that will simplify the issues and aid in the disposition of the controversy.

e. To the extent practicable, premark and exchange copies or photographs of all exhibits intended to be offered into evidence at the hearing on the merits, respondents using letters and all other parties using numbers.

f. Confer concerning what matters of fact and law can be stipulated.

g. To the extent practicable, file and be prepared to argue or respond to motions in limine, motions concerning any outstanding discovery issues and motions concerning any other matters which can be considered in advance of hearing.

2. After a prehearing conference is held, the Hearing Officer may enter an order which fully recites the action taken at the conference, including amendments allowed to pleadings, admissions, stipulations or agreements of the parties and rulings on admissibility of evidence. Such order shall control the subsequent course of the hearing unless modified at the hearing to prevent manifest injustice. The form of the prehearing order may be abbreviated by incorporation by reference of all or portions of the parties' prehearing statements.

E. Compliance with this Part 16 is mandatory, unless otherwise ordered by the Hearing Officer. If a prehearing conference is held and a prehearing order is entered, the prehearing order will control the course of the hearing. In the event of noncompliance with this rule, the Hearing Officer may impose appropriate sanctions.

Part 17. Motions for continuance A. Continuances are discouraged and shall be granted only upon a showing of good cause. Motions for continuance must be filed in a timely manner. Stipulations for a continuance shall not be effective unless and until approved by the Hearing Officer.

B. Good cause may include but is not limited to: death or incapacitation of a party or an attorney for a party; a court order staying proceedings or otherwise necessitating a continuance; entry or substitution of an attorney for a party a reasonable time prior to the hearing, if the entry or substitution reasonably requires a postponement of the hearing; a change in the parties or pleadings sufficiently significant to require a postponement; a showing that more time is clearly necessary to complete authorized discovery or other mandatory preparation for the hearing; or agreement of the parties to a settlement of the case which has been or will likely be approved by the final decision maker.

C. Good cause normally will not include the following: unavailability of counsel because of engagement in another judicial or administrative proceeding, unless the other proceeding was involuntarily set subsequent to the setting in the present case; unavailability of a necessary witness, if the witness' testimony can be taken by telephone or by deposition; or failure of an attorney timely to prepare for the hearing.

Part 18. Subpoenas Upon oral or written request of any party or of counsel for any party, a Hearing Officer shall sign a subpoena or subpoena duces tecum requiring the attendance of a witness or the production of documentary evidence, or both, at a deposition or hearing. Unless otherwise provided by agency statute,

rule or regulation, practice before the Hearing Officer regarding subpoenas shall be governed by C.R.C.P. 45.

Part 19. Settlement or mediation conferences At any time after a proceeding is initiated, any party may file with the Hearing Officer and serve upon all other parties a request for a settlement or mediation conference. If the request is granted, the conference shall be conducted by any available Hearing Officer, other than the assigned Hearing Officer. All of the discussions at the settlement or mediation conference shall remain confidential and shall not be disclosed to the Hearing Officer assigned to the case. Statements at settlement or mediation conferences shall not be admissible evidence for any purpose. A Hearing Officer may require a settlement or mediation conference on the Hearing Officer's own motion.

Part 20. Settlements The Hearing Officer shall be notified promptly, ideally within 3 business days, of all settlements, stipulations, agency orders or any other action terminating a matter before the Hearing Officer. A copy of such settlement, stipulation, agency order or of any other document reflecting an action terminating a matter before the Hearing Officer shall be filed with the Hearing Officer.

Part 21. Testimony by telephone or other electronic means A. Upon motion of any party the Hearing Officer may conduct all or part of a hearing by telephone or videophone pursuant to C.R.C.P. 43(i)(1), except that said motion need only be filed sufficiently prior to hearing to permit a response and ruling pursuant to Part 13.

B. All arrangements for the taking of testimony by telephone or videophone shall be made by the party requesting such testimony, who shall be responsible for all costs associated with the testimony.

APPENDIX A OUTLINE FOR PREHEARING STATEMENT

The following shall be included in each party's Prehearing Statement:

I. PENDING MOTIONS. A list of all outstanding motions that have not been ruled upon by the Hearing Officer.

II. STATEMENT OF CLAIMS AND DEFENSES. A concise statement of all claims or defenses asserted by all parties, together with all matters in mitigation or aggravation.

III. UNDISPUTED FACTS. A concise statement of all facts which the party contends are or should be undisputed.

IV. DISPUTED ISSUES OF FACT. A concise statement of the material facts which the party claims or concedes to be in dispute.

V. POINTS OF LAW. A concise statement of all points of law which are to be relied upon or which may be in controversy, citing pertinent statutes, regulations, cases and other authority. Extended legal argument is not required but may be reserved for a trial brief at the option of the party.

VI. WITNESSES. The name, address and telephone number of any witness or party whom the party may call at hearing, together with a detailed statement of the content of such person's testimony.

VII. EXPERTS. The name, address and brief summary of the qualifications of any expert witness a party may call at hearing, together with a statement as to each expert which sets forth in detail the opinions to which the expert is expected to testify. These requirements may be satisfied by the incorporation of an expert's resume or report containing the required information.

VIII. EXHIBITS. A description of any physical or documentary evidence to be offered into evidence at the hearing. Exhibits should be identified as follows: respondents using letters and opposing parties using numbers.

IX. STIPULATIONS. A listing of all stipulations of fact or law reached, as well as a listing of any additional stipulations requested or offered to facilitate disposition of the case.

X. TRIAL EFFICIENCIES. An estimate of the amount of time required to try the case.

PETITIONS FOR DECLARATORY ORDERS

Part 1. Definition and construction of terms A. “Board” means the Colorado State Board of Stock Inspection Commissioners.

B. “Commission” means the Colorado Agricultural Commission.

C. “Commissioner” means the Colorado Commissioner of Agriculture.

D. “Department” means the Colorado Department of Agriculture.

Part 2. Who may petition Any person, including any board, bureau, commission, division, section or officer of the Colorado Department of Agriculture, may petition the Commissioner, Commission, or Board, as appropriate, for a declaratory order to terminate controversies or to remove uncertainties as to the applicability to the petitioner of any statutory provision pertaining to the Department of Agriculture or of any rule or order thereto.

Part 3. The petition Any petition filed pursuant to this rule shall set forth the following:

A. The name and address of the petitioner.

B. Whether the petitioner holds a license, permit, registration, certification or commission issued by the Commissioner, Department or Board.

C. A citation to the statute, rule or order to which the petition relates.

D. A concise statement of all of the facts relevant to the controversy or uncertainty. All relevant documents shall be attached to the petition.

E. A concise statement as to why the petitioner believes that a controversy or uncertainty exists and statement as to how the statute, rule or order applies or potentially applies to the facts.

F. A concise statement of the relief sought, i.e., a concise statement of the declaratory order sought.

Part 4. Action on the petition A. The Commissioner, Commission or Board will determine, in his/her/its discretion, whether to rule upon any petition.

B. In determining whether to rule upon a petition, the Commissioner, Commission or Board will consider the following matters, among others:

1. Whether the petitioner complied with the provisions of this rule.

2. Whether ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision, rule or order.

3. Whether the petition involves any subject, question or issue which is the subject or a formal or informal matter or investigation currently pending before the Commissioner, Commission, Board, Department or a court involving one or more of the petitioners, which if ruled upon will terminate the controversy or remove the uncertainties as to the applicability to the petitioner of any statutory provision, rule or order.

4. Whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Commissioner, Commission, Board, Department or a court but not involving the petitioner, which if ruled upon will terminate the controversy or remove the uncertainties as to the applicability to the petitioner of any statutory provision, rule or order.

5. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.

6. Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to C.R.C.P. 57, which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule or order in question.

C. If the Commissioner, Commission or Board determines that he/she/it will not rule upon such a petition, he/she/it shall issue a written order disposing of the same, stating therein the reason(s) for such action. A copy of the order shall be mailed to the petitioner by first class mail to the address provided on the petition.

D. If the Commissioner, Commission or Board determines that he/she/it will rule upon the petition, the following procedures shall apply:

1. The Commissioner, Commission or Board may dispose of the petition on the sole basis of the matters set forth in the petition and any attachments thereto. Such ruling will apply only to the facts presented in the petition and any amendments to the petition.

2. The Commissioner, Commission or Board may order the petitioner to file a written brief, memorandum or position statement in support of the petition.

3. The Commissioner, Commission or Board may order the petitioner to submit additional facts, in writing.

4. The Commissioner, Commission or Board may set the petition for hearing, providing due notice to the petitioner. The purposes of such a hearing may be to obtain additional facts or information, to determine the truth of any facts set forth in the petition, and/or to hear oral argument on the petition. The notice to the petitioner shall set forth the factual or other matters into which the Commissioner, Commission or Board intends to inquire. At such hearing, the petitioner shall have the burden of proving by a preponderance of the evidence all facts stated in the petition and all facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the facts.

5. The parties to any proceeding pursuant to this rule shall be the Commissioner, Commission or Board and the petitioner. Any other person may seek leave of the Commissioner, Commission or Board to intervene in the proceeding and leave to intervene will be granted at the sole discretion of the Commissioner, Commission or Board. A petition to intervene shall set forth the same information required in Part 3 of this rule. Any reference in this rule to “petitioner” shall include any person granted leave to intervene.

6. The Commissioner, Commission or Board may take administrative notice of facts, consistent with § 24-4-105(8), C.R.S. (1998) and may utilize his/her/its knowledge and experience, technical competence and specialized knowledge in disposition of the petition. As required by § 24-4-105(8), the fact(s) so noticed shall be specified in the record or be brought to the attention of the parties before the final decision and every party shall be afforded an opportunity to controvert the fact(s) so noticed.

7. The Commissioner, Commission or Board shall issue a written order disposing of the petition.

A copy of the order shall be mailed to the petitioner by first class mail, to the address provided in the petition.

8. Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to § 24-4-106, C.R.S. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1207-3 Rules Pertaining to the Agricultural Workforce Development Program {#sec-8-ccr-1207-3 omnilex-key=us-co-regs-official--department-1--8 CCR 1207-3}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO THE AGRICULTURAL WORKFORCE DEVELOPMENT PROGRAM

8 CCR 1207-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definitions 1.1. “Beginning Farmer” means a farmer, rancher, or operator of non-industrial private forestland who is in the first ten (10) years of operation, or a person intending or aspiring to begin such an operation. 1.2. “Department” means the Colorado Department of Agriculture. 1.3. “Intern” means a student or beginning farmer or rancher to be employed by an agricultural business participating in the Program. 1.4. “Program” means the Agricultural Workforce Development Program created with passage of Senate Bill 18-042 and intended to build a talent pipeline and career pathway to align education, training, and work-based learning. 1.5. “Qualifying Internship” means an internship meeting the requirements as necessary for the partial reimbursement of costs to employ the intern(s). 1.6. “Student” means an individual that is enrolled in a secondary school, adult education, college, or certificate program.

Part 2. General Eligibility 2.1. Businesses of an agricultural nature are eligible to participate in the Program. 2.1.1. Preference shall be provided to businesses engaged in the production of agricultural crops, livestock, dairy, timber or greenhouse and nursery products. 2.2. A business may be reimbursed for not more than three (3) interns annually. 2.3. Internships must not displace a current employee(s) of the participating business. 2.4. The maximum amount a business may be reimbursed per internship is $5,000. 2.4.1. Participating businesses may be reimbursed up to fifty (50) percent of the actual cost to the business to employ the intern. Actual costs include the wages paid to the intern and workers compensation insurance, an allocation of fixed overhead expenses not to exceed ten (10) percent of the costs to employ the intern, and any incidental costs directly related to the internship. Incidental costs may include tuition reimbursement related to the intern receiving academic credit for the internship. 2.4.2. At least seventy-five (75) percent of the total reimbursement amount shall be paid to the intern. 2.5. To be reimbursed, a business must receive approval for the reimbursement from the Department prior to the start of the qualifying internship. 2.6. The Department will pay employers up to the preapproved amount for a qualifying internship when the internship is completed.

Part 3. Internship Requirements 3.1. To be considered a qualifying internship and eligible for reimbursement, an internship must: 3.1.1. Include an educational focus preparing interns for a career in one or more occupational areas including, but not limited to, agribusiness, animal husbandry, crop production, farm management, agronomy, natural resources, forestry, research and development, marketing and sales, food safety, and/or maintenance and repair of machinery and equipment. 3.1.2. Provide for an educational experience of at least 130 hours and not exceed six (6) months in duration per intern. 3.1.3. Pay the intern at a rate at least consistent with the State’s prevailing minimum wage to be paid in accordance with the participating businesses normal payroll processes but paid at least monthly. 3.1.4. Provide a supervisor for the intern. 3.1.5. Provide worker’s compensation insurance coverage for the intern. 3.2. To be eligible to participate in the Program, intern applicants must: 3.2.1. Be a student; or 3.2.2. Be a graduate from a secondary school, adult education, college, or certificate program within six (6) months post-graduation; or 3.2.3. Be a beginning farmer, rancher or forester; and 3.2.4. Not be a current or past employee; and 3.2.5. Not be a relative of the owner or operator of the participating business.

Part 4. Participating Business Requirements 4.1. To be eligible for reimbursement of intern costs, participating businesses must: 4.1.1. Have business operations of an agricultural nature. 4.1.2. Have a physical operation(s) in the state of Colorado which would be considered the place of work for the intern(s). 4.1.3. Adhere to all provisions of the Fair Labor Standards Act, Colorado Youth Employment Opportunity Act, and any other applicable labor and/or occupational safety laws and regulations, unless otherwise exempted. In such instances when both federal and state laws apply, the more stringent standard must be observed. 4.1.4. Be compliant with all federal, state and local laws. 4.1.5. Begin the internship within 30 days of the projected start date identified in the Business Application.

Part 5. Qualification of Participating Businesses and Interns 5.1. Approval by the Department of both the participating business and intern are required for qualifying internship(s) to be eligible for reimbursement. 5.1.1. Businesses interested in participating may apply during an open application period between October and December of the calendar year prior to the internship start date. If funds remain, the Department will consider business applications on a rolling basis after the close of the open application period. 5.1.1.1. Award notifications will be provided via email within sixty (60) days of the close of the application period. Applications received outside of the open application period will be considered on a rolling basis, and notifications will be provided to applicants within one month of the end of the month following submission. 5.1.1.2. The Business Application will include general eligibility information about the type and size of business, availability of a mentor or supervisor, the location of the place of work for the internship, a description of the work to be performed by the intern, any educational and/or knowledge and skill requirements, the skills and/or competencies to be attained by the intern, estimated total cost of the internship, and projected start and end dates for the intern. 5.1.1.3. Business applications will be reviewed at the close of the open application period, and on a rolling basis outside of the open application period, by a panel inclusive of Department staff and industry stakeholders approved by the Commissioner or designee. Decisions will be based on the needs of the Program, legislative intent, applicable statute, and these Rules. 5.1.1.4. Businesses not selected for award who submitted an application during the open application period will receive notification via email within sixty (60) days of the close of the application period. Businesses not selected for award who submitted an application outside of the open application period will receive notification via email within one month of the end of the month following submission. 5.1.1.5. One (1) Business Application is required for every internship position the applicant is requesting. 5.1.2. Upon approval of the Business Application, the candidate selected by the participating business for the internship must complete the Intern Application. 5.1.2.1. The Intern Application includes information to ensure the individual selected for the internship by the participating business meets eligibility requirements.

Applications will also include a statement of career goal(s). 5.1.2.2. Intern applications will be reviewed by the Department and a determination of eligibility sent via email to the participating business within ten (10) business days of receipt of a fully completed Intern Application.

Part 6. Reimbursement 6.1. Participating businesses will be reimbursed up to the agreed upon amount at the conclusion of the internship upon presentation of an invoice, provided by the Department, and supporting documentation. 6.1.1. The invoice requesting reimbursement is to be submitted to the Department within thirty (30) business days of concluding the internship. 6.1.2. The invoice will include information about the costs incurred by the business to employ the intern and the reimbursement amount requested. 6.1.3. Along with the invoice, the participating business shall include copies of time sheets and pay stubs verifying the total amount paid to the intern during the internship. If the invoice includes costs for incidental expenses, those costs must be supported with proof of payment by the participating business. 6.1.4. The participating business shall also, as a requirement of reimbursement, complete a post-internship evaluation. 6.1.5. In the event an internship ends prior to its scheduled completion, participating businesses may still be partially reimbursed for costs incurred.

Part 7 through 9 Reserved

Part 10. Statements of Basis, Specific Statutory Authority and Purpose 10.1. Adopted November 7, 2018 – Effective December 30, 2018 Statutory Authority These Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture as provided for with passage of SB 18-042 and pursuant to § 35-1-104.5(2), C.R.S.

Purpose 1. To create an agricultural workforce development program providing incentives to agricultural businesses to hire interns.

2. To establish general eligibility requirements of the Program.

3. To establish requirements qualifying an internship for reimbursement under the Program.

4. To establish requirements for agricultural businesses to be eligible to participate in the Program.

5. To establish application processes for agricultural businesses to seek approval to become a Program participant.

6. To establish application processes for internship candidates to determine eligibility to participate in the Program.

7. To establish processes for reimbursement of costs to the participating agricultural businesses to employ interns.

Factual and Policy Issues Legislation was passed by the Colorado General Assembly in 2018 requiring the Commissioner of Agriculture to promulgate rules creating an agricultural workforce development program. In developing these proposed Rules, the Department reviewed policies and program guidelines relating to the Innovative Industries Internship Program administered by the Colorado Department of Labor and Employment. The Department also held two meetings to solicit input from stakeholders. More than a dozen organizations provided feedback and direction during these meetings. 10.2 Adopted September 9, 2020 – Effective October 30, 2020]

Statutory Authority These modifications to the Rules are proposed for adoption by the Commissioner of the Colorado Department of Agriculture pursuant to § 35-1-104.5(2), C.R.S.

Purpose 1. To adjust the enrollment period to accommodate internships that follow the calendar rather than fiscal year, allow for the acceptance of applications on a rolling basis, and to allow for a longer period for participating businesses to submit invoices to the Department for reimbursement.

Factual and Policy Issues Based on feedback from program participants, program administrators, and stakeholders, the following issues with the program were identified: 1) Colorado agricultural businesses located on state borders requested the ability to hire interns who are not Colorado residents; 2) a more flexible enrollment period would allow the Department to fund additional internships with funds remaining outside of the enrollment period, 3) agricultural businesses found compliance with the fifteen (15) day window for submitting reimbursement requests to be burdensome. The Department proposes these amendments in order to improve the program and remove each of these identified barriers. _________________________________________________________________________ Editor’s Notes

History New rule eff. 12/30/2018.

Rules 3.2, 4.1.2, 5.1.1, 6.1.1, 10.2 eff. 10/30/2020.

8 CCR 1207-4 Rules Pertaining to Farm-to-Market Infrastructure Grants {#sec-8-ccr-1207-4 omnilex-key=us-co-regs-official--department-1--8 CCR 1207-4}

DEPARTMENT OF AGRICULTURE

RULES PERTAINING TO FARM-TO-MARKET INFRASTRUCTURE GRANTS

8 CCR 1207-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Part 1. Definitions 1.1. “Agriculture” has the same meaning as set forth in 35-1-102(1) C.R.S., which is: “the science and art of production of plants and animals useful to man, including, to a variable extent, the preparation of these products for man’s use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production.” 1.2. “Agricultural Processing” means the transforming, packaging, sorting, storage, or grading of Colorado livestock, livestock products, agricultural commodities, plants, or plant products. 1.3. “Award Effective Date” means the date on which the Commissioner of Agriculture, or her designee, sends written communication, whether by e-mail or post, that an applicant’s grant application has been approved for a Grant Award. 1.4. “Award Period” means the period of time during which the Department will receive grant applications to process for consideration of grant awards. 1.5. “Commissioner” means the Commissioner of Agriculture. 1.6. “Department” means the Department of Agriculture created in 35-1-103 C.R.S. 1.7. “Eligible Business” means a business that: (a) earns a majority of its revenue from agricultural processing; and (b) in the judgment of the Department has managers and employees who possess sufficient education, training, and experience to operate the business; and provides an economic benefit to Colorado farmers or ranchers. 1.8. “Eligible Expense” means an expense that an applicant identified in its grant application and that an awardee incurred within the contract period as part of completing its awarded project. 1.9. “Eligible Farmer or Rancher” means an individual who: (a) is at least eighteen years of age; (b) is a resident of Colorado; (c) is an owner or operator in fact of a farm or ranch; and (d) in the judgment of the Department: possesses sufficient education, training, and experience to operate the farm or ranch; and possesses or has access to sufficient working capital, farm machinery, livestock, or land to operate the farm or ranch. 1.10. “Farm-to-Market Infrastructure Grant” means a grant of money from the fund, which money is used for the purpose of agricultural processing. 1.11. “Fund” means the Colorado Agricultural Future Loan Program Cash Fund created in 35-1.2-105 C.R.S. 1.12. “Grant Award” means an award of money from the Fund that the Department grants to an eligible business, eligible rancher, or eligible farmer for the exclusive purpose of agricultural processing.

Part 2. General Eligibility 2.1. Eligible businesses, eligible farmers, and eligible ranchers as defined in 1.7 and 1.9 above may apply to the Department for a Farm-to-Market Infrastructure Grant. The intent of the Department is to award grants totaling $2 million by June 30, 2022. 2.2. Eligible businesses, eligible farmers, and eligible ranchers applying for a Farm-to-Market Infrastructure Grant must have a physical operation(s) in the state of Colorado and the project for which the applicant requests such funds must also be located in Colorado. 2.3. Eligible businesses must be registered and in “good standing” with the Colorado Secretary of State. 2.4. Eligible farmers and eligible ranchers must be residents of Colorado and actively engaged in agriculture. 2.5. Grant Awards may be used only for projects that constitute Agricultural Processing, as that term is defined in 1.2 above. 2.6. The maximum Grant Award amount that the Department will award for any one project is $150,000. 2.7. Awardees shall have not more than two (2) years from the effective date of the Grant Award to fully complete the project.

Part 3. Application for a Grant 3.1. Eligible businesses, eligible farmers, and eligible ranchers interested in participating may apply to the Department at any time using the application processes and procedures on the Department’s web site at https://ag.colorado.gov/ 3.2. While applications may be submitted at any time, the Department will adhere to the following schedule for review of applications: 3.2.1. Applications received prior to the close of business on November 30, 2021 (Award Period #1) will be reviewed and awardees selected no later than January 30, 2022. The intent of the Department will be to award $1 million in grants to applications received during this period. 3.2.2. Applications received prior to the close of business on February 28, 2022 (Award Period #2) will be reviewed and awardees selected no later than April 30, 2022. The intent of the Department will be to award $1 million in grants to applications received during this period. 3.2.3. Applications received after February 28, 2022 will be reviewed and awards made contingent upon the availability of grant funds. 3.3. Applicants not selected to receive a grant in an Award Period may resubmit their application or submit a new application for consideration in any subsequent Award Period. 3.4. At the time of application to the Department, an applicant must provide general eligibility information about the applicant, a description of the proposed project and business plan, project timeline, project budget, the grant amount being requested, identification of which expenses the grant funds would be used for, the applicant’s contribution (financial or otherwise) to the project, the extent to which the proposed project will strengthen resiliency within Colorado’s food and agricultural industry, and any projected changes to employment and sales/volume growth. 3.4.1. Applications from Eligible Businesses must also demonstrate that the Eligible Business earns greater than fifty (50) percent of its revenues from agricultural processing. 3.5. Applications will be reviewed by a panel inclusive of Department staff and the Colorado Value- Added Development Board. This panel will evaluate the merit of each application on the basis of criteria, including, but not limited to, the amount of funds requested, the applicant’s contribution (financial or otherwise) to the project, the project’s expected economic impact, potential for new job creation, and the extent to which the project will strengthen resiliency within Colorado’s food and agricultural industry. 3.6. The review panel will make its recommendations to the Commissioner of projects proposed for selection and the Grant Award proposed to be awarded to fund such projects. To optimize the utilization of funds available, the review panel may recommend Grant Awards less than the amount of funds an applicant requests. The Commissioner of Agriculture, or the Commissioner’s designee, will review such recommendations and make any final awards and grant amounts as deemed appropriate. 3.7. The Department will inform each applicant of the Department’s decision regarding an applicant’s request for a Grant Award via e-mail within 30 days of the end of each Award Period.

Part 4. Award of Funds 4.1. Grant Awards will be made available to awardees as a Small Dollar Grant Award (purchase order grant). 4.2. Grant Awards are subject to the State of Colorado Small Dollar Grant Award Terms and Conditions (incorporated by reference herein, effective July 1, 2019). Material incorporated by reference does not include any later amendments or editions of the incorporated material. Copies of material incorporated by reference are available for public inspection during regular business hours and may be obtained at a reasonable charge or examined by contacting the Markets Division, Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021.

Further, the incorporated material may be examined at no cost on the Internet at: https://osc.colorado.gov/spco/ccu/purchase-order-terms-conditions 4.3. The Department will provide a copy of this material to any eligible business, eligible rancher, or eligible farmer who receives a Grant Award along with the notification of award. 4.4. A Grant Award is not a guarantee of funds as all disbursement of funds is contingent on the awardee’s agreeing to and complying with all requirements as determined by the Department. 4.5. Funding from a Grant Award will be paid upon completion of the following milestones: 4.5.1 Milestone One – “Kick-Off Conference.” After an awardee has had its initial meeting with the Department, the “Kick-Off Conference,” an awardee may submit an initial invoice in an amount up to fifty (50) percent of the total Grant Award to receive an initial payment to start the project. If the Department makes such initial payment, or any portion of the requested initial payment, to the awardee for those non-incurred expenses, any remaining amount to be reimbursed from the Grant Award shall be reduced by the amount of that initial payment. 4.5.2 Milestones Two through Final Milestone: As an awardee incurs expenses, the awardee may submit invoices for those actual, incurred expenses with supporting documentation and proof of payment to the Department for reimbursement. To the extent that documented expenses are eligible expenses, the funds will then be reimbursed. 4.5.3 Final Milestone: Once the awardee has completed its project, the awardee must submit a final invoice, which final invoice must be submitted not later than three years following the effective date of the Small Dollar Grant Award. 4.6. Awardees may submit invoices at any time as expenses are incurred and paid. 4.7. As a condition of receiving a Grant Award, an awardee shall agree to cooperate with the Department in evaluating the economic impact of the project and any changes to employment in Colorado as a result of completing the project.

Part 5 through 9 Reserved

Part 10. Statement of Basis, Specific Statutory Authority and Purpose 10.1. Emergency Rule Adopted September 8, 2021 – Effective September 8, 2021 Statutory Authority The Commissioner of Agriculture adopts these rules pursuant to § 35-1.2-103(7)(a) and (c), C.R.S., and § 24-4-103(6), C.R.S.

Purpose 1. To create the Farm-to-Market Infrastructure Grant Program providing funds to businesses, farmers, and ranchers for the development and expansion of agricultural processing.

2. To establish general eligibility requirements for the Program.

3. To establish application processes and procedures for the Program.

4. To establish processes and procedures for the review of applications and award of grant funds.

5. To establish processes and procedures for reimbursement of expenses to participating businesses, farmers, and ranchers.

Factual and Policy Issues This temporary emergency rule is necessary to enable the Commissioner of Agriculture to fulfill the requirements of SB 21-248, which created a new “Colorado Agricultural Future Loan Program.” SB 21- 248 authorized the Commissioner to commence distributing between five and ten million dollars on or before January 1, 2022, in part, to fund farm-to-market grants. SB 21-248, codified at § 35-1.2-101, et seq., C.R.S., limits the period of time during which the Commissioner may issue such farm-to-market grants, which time period ends June 30, 2022. Further, before the Commissioner may receive an application for a grant or issue a grant, the Commissioner must adopt rules to govern the grant process.

Engaging in the normal rule-making process would not permit these rules to be effective until the start of the new year. Such a delay would result in the Commissioner’s inability to begin receiving and processing grant applications until after the new year. Such a delay would impair the Commissioner’s ability to issue sufficient grants to comply with the statutory minimums before the statutory deadline of June 30, 2022.

Immediate adoption is therefore imperatively necessary to comply with state law and to enable the Commissioner to fulfill the General Assembly’s desire to fund such farm-to-market infrastructure grants.

In developing these Rules, the Department reviewed policies and program guidelines of previous grant programs administered by the Markets Division within the Department of Agriculture. The Department also conducted listening sessions with agricultural stakeholders relating to the New Agricultural Future Loan Program, which encompasses the Farm-to-Market Infrastructure Grant Program. 10.2. Adopted November 10, 2021 – Effective December 30, 2021 Statutory Authority The Commissioner of Agriculture adopts these rules pursuant to § 35-1.2-103(7)(a) and (c), C.R.S.

Purpose 1. To create the Farm-to-Market Infrastructure Grant Program providing funds to businesses, farmers, and ranchers for the development and expansion of agricultural processing.

2. To establish general eligibility requirements for the Program.

3. To establish application processes and procedures for the Program.

4. To establish processes and procedures for the review of applications and award of grant funds.

5. To establish processes and procedures for reimbursement of expenses to participating businesses, farmers, and ranchers.

Factual and Policy Issues This Commissioner adopts this Rule to fulfill the requirements of SB 21-248, which created a new “Colorado Agricultural Future Loan Program.” SB 21-248 authorized the Commissioner to commence distributing between five and ten million dollars on or before January 1, 2022, in part, to fund farm-tomarket grants, and required the Commissioner to establish the program, including specifying the application process, the payment process, and the criteria to be used.

In developing these Rules, the Department reviewed policies and program guidelines of previous grant programs administered by the Markets Division within the Department of Agriculture. The Department also conducted listening sessions with agricultural stakeholders relating to the Colorado Agricultural Future Loan Program, which encompasses the Farm-to-Market Infrastructure Grant Program, as well as sought stakeholder input on this Rule as adopted to help inform this rulemaking process.

Finally, the Department revised provisions adopted in the emergency rule to clarify the reimbursement process and to amend an internal conflict related to reimbursement dates and deadlines. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 09/08/2021.

Entire rule eff. 12/30/2021.

8 CCR 1207-5 RULES PERTAINING TO THE COLORADO AGRICULTURAL FUTURE LOAN PROGRAM [Recodified as 8 CCR 1204-11 eff. 08/30/2024] {#sec-8-ccr-1207-5 omnilex-key=us-co-regs-official--department-1--8 CCR 1207-5}

DEPARTMENT OF AGRICULTURE

Agriculture Commissioner’s Office RULES PERTAINING TO THE COLORADO AGRICULTURAL FUTURE LOAN PROGRAM - Recodified as 8 CCR 1204-11 8 CCR 1207-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History New rule eff. 01/30/2022.

Entire rule recodified as 8 CCR 1204-11 eff. 08/30/2024.

1208 State Fair Authority

8 CCR 1208-1 Colorado State Fair Authority Rules {#sec-8-ccr-1208-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1208-1}

DEPARTMENT OF AGRICULTURE

COLORADO STATE FAIR AUTHORITY RULES

8 CCR 1208-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Article 1 – Scope and Definitions 1.1 Scope These rules are issued by the Colorado State Fair Authority (“Authority”) pursuant to § 35-65-401(9)(j), C.R.S., to provide notice of the Authority's policies, procedures, and practices of general applicability. 1.2 Definitions For purposes of these rules:

(a) “Agent” means any person who is employed, whether or not paid in any manner by a concessionaire, to work in any game or novelty stand.

(b) “Camping” means any act of staying overnight on the Colorado State Fairgrounds (“Fairgrounds”) for purposes of sleeping whether using a tent, a primitive structure, a travel trailer, a recreational vehicle, or no shelter at all.

(c) “Concession” means any activity that is under contract with the Authority or operating on the Colorado State Fairgrounds that pays a percentage of its sales revenue to the Authority as rent.

(d) “Carnival” means any activity that is a part of any carnival under contract with the Authority or operating on the Colorado State Fairgrounds.

(e) “Colorado State Fairgrounds” or “Fairgrounds” shall mean the site of the annual Colorado State Fair and Industrial Exposition (the “Fair”) located in Pueblo, Colorado, at 1001 Beulah Avenue.

(f) “Colorado State Fair Public Safety Officer” means peace officers employed by the Colorado State Fair Authority pursuant to § 35-65-109, C.R.S.

(g) “Game” shall mean a contest or amusement whereby a patron attempts to win prizes or rewards through a display of skill.

(h) “Manager” means the General Manager of the Colorado State Fair Authority, as created at § 35- 65-403, C.R.S.

(i) “Livestock” means cattle, sheep, goats, swine, mules, donkeys, poultry, horses, alternative livestock, as defined in § 35-41.5-102(1), and such domesticated animals as fox, mink, marten, chinchilla, beaver, and rabbits, and all other animals raised or kept for profit.

(j) “Person” includes a natural person, partnership, corporation, entity or agent of the same acting either individually or as a group or in conspiracy with other persons in any manner covered by these rules.

(k) “Player” includes any person who plays a game at a carnival whether he is attempting to win a prize.

(l) “Premises Identification Number” or “PIN” means a nationally unique number assigned by a state, tribal, or federal animal health authority to a premises that is, in the judgment of the state, tribal, or federal animal health authority a geographically distinct location from other premises.

(m) “Prize” means any item won or represented to the player as capable of being won at a carnival upon the completion of a given task.

(n) “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(o) “Weapon” or “dangerous object” includes firearms, knives, clubs, sticks, batons, or other bludgeons, any leather wrist band with pointed spikes, handcuffs, motorcycle or similar chain, whether used as a belt, any weapon or device defined or regulated in Article 12 of Title 18, Colorado Revised Statutes, or any other “deadly weapon” as defined by § 18-1-901(3)(e), C.R.S. 1.3 Enforcement Enforcement of these rules is vested with the Authority, Colorado State Fair Public Safety Officers, or their designees.

Article 2 – Games 2.1 Game Fraud Prohibited The Authority prohibits any person, owner, manager agent, entity, or corporation acting individually or in conspiracy or concert with other persons to carry on, own, operate, or promote any carnival game, scheme, or device where, by false pretense or pretenses, the purpose is to obtain from any player or persons any money, goods, or other valuable thing, whatever, with intent to cheat or defraud any such player or person. 2.2 Games and Activities Requirements–General Games or activities must be conducted as follows:

(a) No game will be allowed which, either by design or by operation, can be, or is, controlled by the operator to the extent that the outcome of the game is, or can be, determined either partially or entirely by said control.

(b) No game will be allowed for which cash prizes are awarded.

(c) No game may be played where the outcome depends upon the word of the operator against the word of the player.

(d) No game may be conducted where the game operator controls or affects the outcome of the game by enforcing rules, selectively or randomly during actual pay-to-play, when such rules are not enforced during free plays by the player or demonstrations by the operator.

(e) No merchandise may be displayed in any carnival game that is not one of the prizes possible to be won.

(f) While in operation, there must be a sign stating the rules of the game, the cost to play, how the game is played, and exactly what is required of the player in order to win each prize offered.

Signs must be of a sturdy material and the lettering must be plain and clearly posted and of sufficient height to be readable by all players.

(g) No foul lines will be permitted. The concessionaire or agent may designate a line a certain distance from the target behind which the player must stand to play the game, but appropriate structures or barriers must be placed at said line that physically limit movement beyond the structure; otherwise, no foul lines will be permitted.

(h) No hidden device that limits or alters a player's chances of winning will be permitted. 2.3 Regulation of Specific Games The following rules or restrictions apply to operation of all games as hereafter set forth:

(a) In all “spot-spot” games, the size of the disk must be more than 0.622 times the diameter of the circle.

(b) There will be no alibiing allowed in “spot-spot” games by the operators; nor may the agents or operators move said disks once placed; nor may there be any rules as to the distance required to drop the disk; nor may the operators or agents drop any of the disks for the players except for the purposes of demonstration.

(c) No more than 12 build-up prizes may be stocked or awarded at one booth, and each prize must be clearly displayed and marked in the order of being awarded.

(d) On the shooting game ordinarily referred to as “shoot out the star,” only stars may be used as targets and no airplanes, etc. The star must be one and one-fourth (1-1/4) inches or less and the gun must contain one hundred (100) BB's.

(e) In all games where the object is to knock down a series of bottles, cans, or other devices (such as soft drink bottles, cans, or milk bottles), a line must be placed on the platform upon which the bottles, cans, or other objects rest. This line must be directly parallel with the front side of the booth where the game is located. The bottles, cans, or other devices must be set up so that they are directly behind this line.

(f) In all games where the object is to toss and bank a ball or other device into a basket or other container (such as a peach basket or plastic basket), the device upon which the ball is banked, as well as the basket, must be set up so as to be parallel to the front of the booth. The basket and banking board must be fixed in place or a line must be drawn on the ground for each basket and banking board from which the basket and support for the banking board will be consistently played.

(g) Bulldozers must operate with a flat surface, and have no lip, raised edges or protrusions such as screws. Only tokens, not cash, may be used to play. Prize chips must lie on top of tokens, not on the playing surface. Slide chutes must be clearly visible and permanently labeled to show that tokens falling through them belong to the operator, not the player. The machine must have a stop button, allowing the player to stop the bulldozer at his discretion. A minimum of 5 prize chips must be placed within the playing field at all times. No unduly heavy objects may be placed in the playing field. 2.4 Inspection of Prizes All prizes offered at any game or booth are subject to inspection and seizure or removal if any such prize is illegal, prohibited by resolution or regulation, prohibited on the Fairgrounds, or a potential danger to the health or safety of any Fair patron, as determined by Colorado State Fair Public Safety Officers. 2.5 Games of Chance Prohibited (a) Games of chance may not be operated, except as permitted by Article XVIII, Section 2 of the Colorado Constitution.

(i) A game of chance is one where chance is permitted by Article XVIII, Section 2, of the Colorado Constitution as the controlling factor in the award of prizes.

(b) Skill must be the dominant factor in winning the game.

(c) The operator of the game or his designee must he capable of demonstrating that a questionable game can be won through practice or skill. If the operator or his designee is unable to so show, the game will be deemed to be one of chance. 2.6 Inspection of Games and Booths (a) Prior to the operation of any carnival game, the operator must notify the Colorado State Fair Public Safety Officer Command Staff in writing of the carnival location, the names and addresses of the owners, operators, and agents of each carnival game and the nature of the game.

(b) Colorado State Fair Public Safety Officers or their designees may pre-inspect any game, booth, premises upon which the game or booth sits, or prizes to determine their nature and acceptability.

Operators of games and booths consent to further inspections of any game, booth, premises, or prize, without prior notice.

(c) Pre-inspection and acceptance or failure to reject a game for noncompliance with the law shall not be considered to be a ruling or finding by Colorado State Fair Public Safety Officers or their designee that said game is legal in its nature or its operation; nor shall such inspection be utilized as proof of its compliance with this resolution. 2.7 Violation of Rules Violation of these rules will be grounds for immediate ejection from the Fairgrounds, seizure of the offending equipment, game, or prizes, and prosecution under any applicable state or federal statute.

Article 3 – Commercial Exhibitors and Concessionaires 3.1 Operations (a) Commercial Exhibitors and Concessionaires must confine all transactions to the space leased and may not display signs, placards, brochures, advertisements, or solicit prospective customers in any location on the Fairgrounds except within the contracted space.

(b) Commercial Exhibitors and Concessionaires with demonstrations must plan their display so that those watching do not block aisles or interfere with neighboring exhibit areas.

(c) Commercial Exhibitors’ and Concessionaires’ space and goods or products must be open to inspection by the Authority or its designees.

(d) All commercial exhibits and concessions privileges are at the sole discretion of Colorado State Fair Authority Management. Under no circumstances will any advertising material be allowed to be placed upon buildings, trees, or other places on the Fairgrounds, or otherwise distributed on the Fairgrounds without prior approval of management. 3.2 Solicitation All solicitations for either contributions or sales and any distributions of literature must be made from within the confines of a rented booth. No roving vendor, solicitor, demonstrator, or distributor acting, from either a profit or nonprofit organization or on his own behalf, will be permitted on the Fairgrounds. 3.3 Enforcement (a) Colorado State Fair Public Safety Officers are authorized to eject any violator.

(b) Colorado State Fair Public Safety Officers are authorized to inspect all exhibitors, vendors, solicitors, or distributors at any time and to remove or cause to be removed any weapons or items that are not permitted on the Fairgrounds pursuant to these rules, regulation, or state law or any weapons or items that could adversely affect the health or safety of any Fair patron.

(c) Refusal to submit to inspection is grounds for immediate ejection.

Article 4 – Alcohol 4.1 Consumption (a) A concession with a license to sell alcoholic beverages is responsible for age identification.

(b) A concession with a license to sell alcoholic beverages is responsible for providing appropriate security, when required pursuant to concessions contract, for the control and enforcement of state laws and Authority policies relating to the sales and consumption of alcoholic beverages. 4.2 Intoxication (a) The alcoholic beverage contractor must refuse to serve alcoholic beverages to any person who is visibly intoxicated.

(b) Persons on the Fairgrounds who are visibly intoxicated may be ejected and removed. 4.3 Enforcement Colorado State Fair Public Safety Officers are authorized to eject and remove any violator of these rules pertaining to alcohol from the Fairgrounds.

Article 5 – Weapons and dangerous objects 5.1 Prohibited (a) Weapons and dangerous objects are prohibited on the Fairgrounds.

(b) This prohibition does not apply to:

(i) A peace office as set forth § 16-2.5-101(2)(a), C.R.S.

(ii) Exhibitors of firearms or dangerous objects, who are authorized to exhibit such items on the Fairgrounds.

(iii) Persons who have been issued a permit, pursuant to § 18-12-201, et seq., C.R.S., to carry a concealed handgun.

(iv) Legal pocketknives that do not have a blade exceeding 3.5 inches in length. 5.2 Consent to Search (a) Any person entering the Fairgrounds is deemed to consent to a search of his person, personal effects, or motor vehicle, at any time, for the purposes of determining the presence of any weapons or dangerous objects.

(b) Colorado State Fair Public Safety Officers or the Colorado State Fair Security detail will conduct such searches in as minimally intrusive manner possible.

(c) A search may include, but is not limited to, use of weapon-sensing devices, trained law enforcement dogs, or hand searches.

(d) Refusal to consent, or resistance to such a search, will be grounds for immediate ejection or removal from the Fairgrounds.

(e) Notice of this consent to search, and the prohibition on weapons and dangerous objects, must be posted at all gates to the Fairgrounds. 5.3 Enforcement Colorado State Fair Public Safety Officers shall confiscate any weapon or dangerous object or eject the violator from the Fairgrounds.

Article 6 – Behavior on Fairgrounds 6.1 Camping (a) During the Fair (i) On-grounds camping is limited to pre-paid reserved camping spots only.

(ii) No camping or overnight stays will be allowed in any parking lot or barn areas.

(b) Off-season camping may be available based on event guidelines. 6.2 Dogs No dogs are allowed on the Fairgrounds other than those on a leash for direct competition or as service animals. 6.3 Conduct (a) Persons at the Fairgrounds shall not conduct themselves in any disorderly manner, as more fully set forth in § 18-9-106, et seq., C.R.S.

(b) Persons on the Fairgrounds must conduct themselves in accordance with any policy approved and adopted by the Authority.

(c) No person or group may bring upon or cause to bring upon the Fairgrounds bicycles, skates, skateboards, unauthorized vehicles, unauthorized animals, controlled substances, alcoholic beverages, glass containers, or any other object that may affect the safety and well-being of persons attending events at the Fairgrounds. 6.4 Enforcement (a) Colorado State Fair Public Safety Officers must eject any person from the Fairgrounds for violating Rule 6.3 for a term not less than the particular day involved, nor longer than one year from the date of violation.

(b) Any person who re-enters the Fairgrounds, after having been ejected, during the prohibited time, whether having paid an admission fee or otherwise, does so without license or permission of the

Authority and is trespassing and may be prosecuted as such.

Article 7 – National Code of Show Ring Ethics (as adopted by the International Association of Fairs and Expositions (IAFE) in 2008)

(a) Exhibitors of animals at livestock shows shall at all times comport themselves with honesty and good sportsmanship. Their conduct in this competitive environment shall always reflect the highest standards of honor and dignity in the advancement of agricultural education. This code applies to junior as well as open class exhibitors who compete in structured classes of competition. This code applies to all livestock offered in any event at a livestock show. In addition to the “IAFE National Code of Show Ring Ethics,” fairs and livestock shows may have rules and regulations which they impose on the local, county, state, provincial and national levels.

(b) All youth leaders working with junior exhibitors are under an affirmative responsibility to do more than avoid improper conduct or questionable acts. Their moral values must be so certain and positive that those younger and more pliable will be influenced by their fine example. Owners, exhibitors, fitters, trainers and absolutely responsible persons who violate the code of ethics will forfeit premiums, awards and auction proceeds and shall be prohibited from future exhibition in accordance with the rules adopted by the respective fairs and livestock shows. Exhibitors who violate this code of ethics demean the integrity of all livestock exhibitors and should be prohibited from competition at all livestock shows in the United States and Canada.

(c) The following is a list of guidelines for all exhibitors and all livestock in competitive events:

(i) All exhibitors must present, upon request of fair and livestock show officials, proof of ownership, length of ownership and age of all animals entered. Misrepresentation of ownership, age, or any facts relating thereto is prohibited.

(ii) Owners, exhibitors, fitters, trainers, or absolutely responsible persons shall provide animal health certificates from licensed veterinarians upon request by fair or livestock show officials.

(iii) Junior exhibitors are expected to care for and groom their animals while at fairs or livestock shows.

(iv) Animals shall be presented to show events where they will enter the food chain free of violative drug residues. The act of entering an animal in a livestock show is the giving of consent by the owner, exhibitor, fitter, trainer and/or absolutely responsible person for show management to obtain any specimens of urine, saliva, blood, or other substances from the animal to be used in testing. Animals not entered in a event which culminates with the animal entering the food chain shall not be administered drugs other than in accordance with applicable federal, state and provincial statutes, regulations and rules.

Livestock shall not be exhibited if the drugs administered in accordance with federal, state and provincial statutes, regulations and rules affect the animal's performance or appearance at the event.

If the laboratory report on the analysis of saliva, urine, blood, or other sample taken from livestock indicates the presence of forbidden drugs or medications, this shall be prima facie evidence such substance has been administered to the animal either internally or externally. It is presumed that the sample of urine, saliva, blood, or other substance tested by the laboratory to which it is sent is the one taken from the animal in question, its integrity is preserved and all procedures of said collection and preservation, transfer to the laboratory and analysis of the sample are correct and accurate and the report received from the laboratory pertains to the sample taken from the animal in question and correctly reflects the condition of the animal at the time the sample was taken, with the burden on the owner, exhibitor, fitter, trainer, or absolutely responsible person to prove otherwise.

At any time after an animal arrives on the fair or livestock show premises, all treatments involving the use of drugs and/or medications for the sole purpose of protecting the health of the animal shall be administered by a licensed veterinarian.

(d) Any surgical procedure or injection of any foreign substance or drug or the external application of any substance (irritant, counterirritant, or similar substance) which could affect the animal's performance or alter its natural contour, confirmation, or appearance, except external applications of substances to the hoofs or horns of animals which affect appearance only and except for surgical procedures performed by a duly licensed veterinarian for the sole purpose of protecting the health of the animal, is prohibited.

(e) The use of showing and/or handling practices or devices such as striking animals to cause swelling, using electrical contrivance, or other similar practices are not acceptable and are prohibited.

(f) Direct criticism or interference with the judge, fair or livestock show management, other exhibitors, breed representatives, or show officials before, during, or after the competitive event is prohibited. In the furtherance of their official duty, all judges, fair and livestock show management, or other show officials shall be treated with courtesy, cooperation and respect and no person shall direct abusive or threatening conduct toward them.

(g) No owner, exhibitor, fitter, trainer, or absolutely responsible person shall conspire with another person or persons to intentionally violate this code of ethics or knowingly contribute or cooperate with another person or persons either by affirmative action or inaction to violate this code of ethics. Violation of this rule shall subject such individual to disciplinary action.

(h) The application of this code of ethics provides for absolute responsibility for an animal's condition by an owner, exhibitor, fitter, or participant whether or not he or she was actually instrumental in or had actual knowledge of the treatment of the animal in contravention of this code of ethics.

(i) The act of entering an animal is the giving of consent by the owner, exhibitor, fitter, trainer, or absolutely responsible person to have disciplinary action taken by the fair or livestock show for violation of this Code of Show Ring Ethics and any other rules of competition of the fair or livestock show without recourse against the fair or livestock show. The act of entering an animal is the giving of consent that any proceedings or disciplinary action taken by the fair or livestock show may be published with the name of the violator or violators in any publication of the International Association of Fairs and Expositions, including Fairs and Expositions and any special notices to members.

(j) The act of entering of an animal in a fair or livestock show is the giving of verification by the owner, exhibitor, fitter, trainer, or absolutely responsible person that he or she has read the IAFE National Code of Show Ring Ethics and understands the consequences of and penalties provided for actions prohibited by the code. It is further a consent that any action which contravenes these rules and is also in violation of federal, state, or provincial statutes, regulations, or rules may be released to appropriate law enforcement authorities with jurisdiction over such infractions.

Article 8 – Premiums and Rules Governing Exhibits or Events 8.1 Premium Books (a) On or before June 1 of each year, the Authority shall establish and make available premium books, which must provide the following information:

(i) Kinds and classes of events or exhibits in each general category;

(ii) Entry requirements for each event or exhibit;

(iii) Conditions under which entries will be received, stalled, and cared for; fees; and qualification and disqualification requirements;

(iv) A premium schedule; and (v) Grounds for disqualification, appeal, and grievance procedures.

(b) Premium books may also contain competition judges’ duties, responsibilities and decisions.

(c) When considering the kinds of classes, entry requirements, conditions under which entries must be received, stalled and cared for, entry fees and qualification and disqualification requirements, the Authority must consider experiences of the Colorado State Fair and Industrial Exposition in previous years and the experiences of other state fairs, changes in the industry that make it reasonable to adopt new provisions, available facilities, industry recommendations, changes in other classes or events, available appropriations, and any other matter that may affect the event or exhibit.

(d) In the event of any declared emergency that would necessitate modification to the premium books published on or before June 1, the board shall make any necessary modification to the premium books on or before August 1 of that year. 8.2 Entry into Competition (a) No animal or exhibit will be entitled to a place on the grounds until proper entry has been made.

(b) All entries must be made on official Colorado State Fair and Industrial Exposition forms or through official Colorado State Fair online entry portal, properly filled out and accompanied by all fees whenever required.

(c) Entry forms and instructions for making entries are available upon request and may be located at www.coloradostatefair.com.

(d) The Colorado State Fair Management reserves the right to limit entries to facilities available and cancel any division or class in which, in its judgment, the entries are insufficient to secure adequate competition. Any return of entries under this rule will be done on a non-discriminatory

basis.

(e) The Colorado State Fair Management reserves the right to vacate, as ineligible for competition, and order the removal of any entry that has been entered in violation of these rules.

(f) Every animal and exhibit must be entered and exhibited in the name of the bona fide owner. 8.3 Compliance with Local, State, and Federal Laws (a) In order to comply with the State of Colorado and the Internal Revenue Service, any prize winner whose prize is valued at more than $600 must submit a properly and fully completed I.R.S. Form W-9 with each competitive entry as specified in premium books.

(b) Failure to submit a properly and fully completed I.R.S. Form W-9 may delay or possibly forfeit payment of any premium monies won at the Fair.

(c) All competitors must abide by any local state or federal law. 8.4 Premises Identification (a) All entrants for livestock exhibited in open, breed, or market competitions must provide a premises identification number at the time of entry.

(i) Equine events are not required to hold a premises identification number at any equine event on the Fair’s grounds.

(b) Premises identification forms and instructions for registering premises are available upon request and may be located at www.coloradostatefair.com. 8.5 Livestock Exhibits or Events (a) At the discretion of the Authority, premises identification may be required for any exhibit or event that involves the introduction of livestock onto the Fairgrounds. 8.6 Enforcement (a) Colorado State Fair Public Safety Officers may eject and remove any violator of these rules governing exhibits or events.

Article 9 – Statements of Basis, Specific Statutory Authority and Purpose 9.1 August 14, 1997 – Effective September 30, 1997 The Statement of Basis, Specific Statutory Authority and Purpose for this rulemaking activity is no longer in the Department’s files. 9.2 May 20, 1998 – Effective July 30, 1998 The Statement of Basis, Specific Statutory Authority and Purpose for this rulemaking activity is no longer in the Department’s files. 9.3 May 30, 2008 – Effective July 30, 2008 Specific Statutory Authority:

The specific statutory authority of this rule is § 35-65-401(9)(j), C.R.S., which grants authority to the Board of Commissioners of the Colorado State Fair Authority to adopt rules.

Purpose:

The purpose of these rules is to:

Article 1; Section 1.2, “Definitions”:

1. Define “livestock” to parallel definitions used within other Colorado Department of Agriculture divisions’ rules and within the Colorado Revised Statutes and to provide a consistent definition that may be relied upon when the word is used in other portions of the Board’s rules.

2. Define “National Animal Identification System” as it relates to “Premises Identification.”

3. Define “Premises Identification” to provide a consistent definition for later use within the rules.

4. Define “service animal” to ensure compliance with the Americans with Disabilities Act.

5. Remove obsolete rules and material and to correct spelling or typographical errors.

6. Clarify language and citations in Articles 2 and 5.

Article 3, “Exhibitors”:

7. Provide greater protection to the exhibitors and their exhibits and to protect the public from advertising that is not appropriate for the State Fairgrounds. The last changes are to correct spelling and to clarify language.

Article 4, “Alcohol”:

8. Reflect changes in State Fair rules regarding alcohol consumption outside selling facilities after nine p.m., to address increased concerns about patrons over-consuming and to make a spelling change.

Article 6, “Behavior on Campgrounds”:

9. Limit liability to the State Fair in the event of unauthorized camping and to protect fairgoers from unauthorized or potentially dangerous dogs. Other changes are to clean up language and citations.

Article 7, “Show Ring Ethics”:

10. Incorporate the newest version of the National Code of Show Ring Ethics and removes the language of the incorporated material from the rules.

Article 8, “Premiums and Rules Governing Exhibits or Events”:

11. Make entry and competition requirements consistent for all exhibitors, to define the process and method to be used for creation of the Premium Books, to require compliance with all outside applicable laws and to articulate the requirements of premises identification for events involving livestock.

12. Establish a June 1 deadline by which the Board must make its premium books available every year.

13. Articulate what materials are to be put into the Premium Books and what the Board should consider on a yearly basis when creating these Premium Books.

14. Provides consistent rules for entry into the competitions at the Colorado State Fair, identifies where entry forms may be located, and sets enforceable requirements for entry into the competitions.

15. Set forth the requirement for compliance with all local, state and federal laws.

16. Articulate the requirements of premises identification for events involving livestock on the Colorado State Fairgrounds.

Factual and Policy Issues:

The factual and policy issues encountered when developing these rules include:

The Board of Commissioners of the Colorado State Fair Authority’s (the Board) on-going desire to produce a fair that adequately and appropriately showcases Colorado’s agricultural, horticultural, industrial, mining, and tourist industries, as well as its recreational, educational and scientific and natural resources led to many of the changes in these rules.

The amendments to Article 1.2, “Definitions,” reflect the Board’s desire to make updates to accommodate changes. These changes include the most accurate definition of “livestock,” which definition is currently in use by the Colorado Department of Agriculture in several of its statutes and rules. The Board also recognized the need to provide definition to new terms and terminology that are beginning to affect Colorado livestock and agriculture, specifically, “premises identification number” and “National Animal Identification System.” Additionally, the Board had received comment that its definition of “service animal” did not encompass the full range of service animals available that might need entry into the fair.

Throughout the rules, the Board identified minor changes in wording, grammar, spelling and citation that needed to be updated. These are reflected in changes to Articles 1.2, 2.3, 4.3, 5.2 and 6.2.

The amendments to Article 3.1 are to protect exhibits while on the grounds, requiring release forms and no prior removal without consent. Additionally, the Board put into rule its policy requiring management approval prior to posting any advertising materials on fairgrounds.

Article 4.1’s requirement that all alcohol served after 9:00 p.m. be consumed within the facility from which it was purchased was obsolete and unenforced. The Board found that the policy of preventing alcohol served after 9:00 p.m. to be consumed anywhere other than within the establishment that had sold the beer did nothing to provide any greater protection to fair-goers, stifled business sales across the grounds and deterred attendance after 9:00 p.m. Therefore, the Board struck this portion of the rules.

The addition to Article 6.1 gives the no-camping policy the full force and effect of law. Because camping or sleeping overnight on the grounds has posed a problem for fair management in the past, the Board decided to make camping on the fairgrounds an offense that could lead to ejection.

The changes to Article 7 are designed to limit the number of pages required for the rule. The Board opted to remove the text of the IAFE’s National Code of Show Ring Ethics. Because this code had not been incorporated since 1997, the Board also incorporated the most recent version of the ethics.

Article 8 incorporates the creation of the Fair’s Premium Books into State Fair Authority’s rules. The Premium Books dictate methods of entry, rules of competition, premium schedules and all other facts relevant to competition on the grounds, whether that competition be related to livestock, fine arts or any other area. The Board recognized the need to vest these books with the force and effect of law in the event that any competition rule be challenged.

In addition, Article 8 sets out formal requirements for entry into competition. Again, the Board recognized the need to create formal requirements for entry that had the force and effect of law in the event that any requirement be challenged by any competitor.

The Board understands the need to employ the most advanced methods of disease prevention and traceback in order to provide the highest level of protection to Colorado’s livestock industry. Over the past few years, the Board has received comment from individuals in the packing industry, concerned lobbyists for a variety of livestock organizations, and the public itself regarding the need for mandatory premises identification on the State Fairgrounds. Since the 2007 Colorado State Fair, the Board has considered methods of implementing premises identification in a consistent and fair manner as it relates to anyone who brings livestock onto the fairgrounds. Article 8.4 provides this consistent approach as to anyone bringing livestock onto the grounds for competition and vests this rule, as with others proposed for adoption, with the force and effect of law. 9.4 Adopted May 27, 2020 – Effective July 30, 2020 The specific statutory authority for this rule-making is at section 35-65-401(9)(j), C.R.S., which provides

authority to the Colorado State Fair Authority Board of Commissioners to “adopt rules.”

Purpose of the Rulemaking The Colorado State Fair Authority Board of Commissioners (the “Board”) proposed these rule amendments as part of its regulatory review process and to amend the rules in the following ways.

In the “Definitions” section, the Board amended the definitions of “camping,” “Colorado State Fairgrounds,” “service animal,” and “weapon or dangerous object” to provide clarity to these terms. The Board split apart the definitions of “concession” and “carnival” to identify that concessionaires and the carnival are separate activities. The Board modified the definition of “PIN” to comport with the definition in federal law, which has changed since the last rule amendments, and the Board removed the definition of “National Animal Identification System (NAIS)” because that system has, since the last rule amendments, been discontinued on the federal level. The Board updated the definition of “service animal” to match the definition in the Americans with Disabilities Act.

Throughout the rule, the Board harmonized the use of “shall” and “must,” removed references to the district attorney’s authority relative to fair-time activities because such reference is unnecessary, and the Board modified the use of the terms “Authority,” “Board,” “Manager,” and “Fairgrounds” to be consistent with nomenclature and to identify more clearly the source of any authority exercised on the grounds.

With regard to alcohol consumption and concessions in Article 4, the Board separated the duties of concessions relative to alcohol sales to identify that a concession always has an obligation to verify the age of a purchaser of alcoholic beverages and that a concession has an obligation, during non-fair-time activities, to provide appropriate security when the concession is selling alcohol.

The Board removed Article 7 and included the addition of show ring ethics into premium books to provide greater flexibility to the Board to consider show-ring ethics annually as part of its premium book publication.

The Board changed the prohibition on weapons to exclude from the prohibition any person who has a lawful permit to carry a handgun to comply with the language in section 18-12-201, C.R.S., et seq., and to exclude pocketknives with blades not exceeding 3.5 inches to make the rule consistent with state law.

As to additions to the rule, the Board added Article 6.3(b) to ensure that the Board’s on-grounds policies regarding behavior and conduct could be enforced against violators as a violation of policy and Board

rule. The Board also added Article 8.1(a)(iv) to direct that the annual premium books must include grounds for competitor disqualification along with appeal and grievance procedures to ensure fair and consistent competitions during the annual Fair and Exposition. The Board added Article 8.1(d) that in the event of a declared emergency the Board shall make necessary modifications to published premium books on or before August 1. Finally, the Board added into Article 8.2(b) that entrants may enter the annual event through the Fair’s on-line entry portal to ease and expedite entry. 9.5 Adopted November 18, 2020 – Effective January 15, 2021 The specific statutory authority for this rule-making is at section 35-65-401(9)(j), C.R.S., which provides

authority to the Colorado State Fair Authority Board of Commissioners to “adopt rules.”

Purpose of the Rulemaking The International Association of Fairs and Expositions National Code of Show Ring Ethics is being added in Article 7 of these rules. The Board decided to add the show ring ethics as a part of the rules because the text is not to voluminous. In addition, the digital location of this document is located behind the IAFE firewall so it is not feasible to incorporate it by reference. Article 8.1 is being amended to remove the requirement for show ring ethics to be included as a part of premium books. 9.6 Adopted July 24, 2024 – Effective December 31, 2024 The specific statutory authority for this rulemaking is at section 35-65-401(9)(j), C.R.S., which provides

authority to the Colorado State Fair Authority Board of Commissioners to “adopt rules.”

Purpose of the Rulemaking.

The Colorado State Fair Authority Board of Commissioners (the “Board”) proposed these rule amendments as part of its regulatory review process and to amend the rules in the following ways.

In Article 1, Definitions, the Board modified the definition of “livestock” to include a statutory citation that is in many of the Department of Agriculture’s other definitions of the term.

In Article 3, Exhibitors, the Board added terms to clarify that Article 3 applies to commercial exhibitors and to concessionaires. With the change to the title of the article, the Board made additional, harmonizing changes to the text of Article 3’s provisions. Further, in Article 3, the Board removed the requirement that exhibitors may not remove their exhibits without a release from the department of the exhibit to accommodate that each department has a different process for how and when exhibitors may remove their exhibits.

In Article 5, the Board updated statutory citations related to peace officers and modified that those persons entering the Authority’s grounds are subject to search by weapon-sensing, not metal-sensing, devices, as these devices are designed to identify potential weapons, not all metal on a person entering.

The Board further updated a statutory citation in Rule 6.3(a) and applied formatting and numbering changes to Article 7. _________________________________________________________________________ Editor’s Notes

History Articles 1, 8, 9 emer. rules eff. 05/30/2008.

Entire rule eff. 07/30/2008.

Entire rule eff. 07/30/2020.

Rules Article 7, 8.1(a)(v), 9.5 eff. 01/15/2021.

Rules 1.2(i), Article 3, 5.1(b)(i), 5.2(c), 6.3(a), Article 7, 9.6 eff. 12/31/2024.

1209 Value-Added Development Board

8 CCR 1209-1 REIMBURSEMENT OF BOARD MEMBER EXPENSES [Repealed eff. 05/30/2017] {#sec-8-ccr-1209-1 omnilex-key=us-co-regs-official--department-1--8 CCR 1209-1}

DEPARTMENT OF AGRICULTURE

Value-Added Development Board REIMBURSEMENT OF BOARD MEMBER EXPENSES - Repealed eff. 05/30/2017 8 CCR 1209-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose Adopted April 12, 2017 – Effective May 30, 2017 Statutory Authority

Authority for this rule is given to the Colorado Agricultural Value-Added Development Board in § 35-75- 203(3), C.R.S.

Purpose After review of this rule the Value-Added Development Board determined that its current rule was unnecessary where the provisions adopted are merely administrative in nature, not setting forth any procedure or practice requirements of any agency. Additionally, the Board considered that its best method of setting forth a reasonable and uniform method of reimbursing its members for actual and necessary travel expenses would be to tie that reimbursement method to the method the Colorado Department of Agriculture uses to pay to its other boards and commissions whose members incur necessary and actual expenses for travel and for other actual expenses incurred in the performance of their official duties. As such, the Board determined to repeal this rule and to adopt by board vote an administrative policy to fall into line with the Department of Agriculture’s methods of reimbursement for such expenses for its other boards and commissions. _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 05/30/2017.