Colorado Department of Agriculture

Plant Industry Division

Rules and Regulations Pertaining to the Administration and Enforcement
of the Pesticide Applicators’ Act

8 CCR 1203-2

General Authority: C.R.S. 35-10-118(2)

Specific Authority: C.R.S. 35-10-118(2) (a), (b), and (c), (5) and (9)

Part 1.	Definition and Construction of Terms.

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 passage
way within a block set apart for public use, vehicular travel, and local
convenience to provide a secondary means of access to the rear or side
of abutting lots or buildings.

(b)	“category” shall include any sub-category thereof.

(c)	“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.

(d)	“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 applicator.

(e)	“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.

(f)	“proof of medical justification” means a statement signed by a
physician licensed to practice medicine in Colorado pursuant to Article
36 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:

(g)	“property damage” includes, but is not limited to, injury to
domestic animals, livestock and economically important insects.

(h)	“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.

(i)	“use” means any and all aspects of the handling of pesticides
from the time a pesticide container is opened until disposal of the
pesticide container, including without limitation, the mixing, loading,
application, spill control, and disposal of a pesticide or its
container.

(j)	“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.

(k)	“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.

Part 2.	The Licensing System.

Subpart A	Commercial Applicators

2.1.	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.

2.2.	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.

2.3.	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.

2.4.	In addition to the form approved by the Commissioner, 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.

2.5.	Each person applying as a corporation or other entity, shall submit
a certificate of good standing from the Secretary of State.

2.5.5.    Each individual or sole proprietorship that applies for a
license must provide all information and documents required by the
Commissioner to verify lawful presence in the United States pursuant to
Section 24-76.5-103, C.R.S. Failure to provide all such information and
documents in the manner specified by the Commissioner shall be grounds
for denial of an application for a license or renewal of an existing
license.

2.6.	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.

2.7.	Beginning with license year 1994, the annual license fee for
commercial applicators shall be $350.00.

2.8.	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 other
information required on the form.

2.9.	Each applicant for a license shall file evidence of liability
insurance on forms provided by 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 on forms provided by the
Commissioner at the time any pesticide application is performed.

2.12.	If a licensee's business operation at any one location is so
extensive that one individual cannot adequately supervise all pest
control recommendations, soliciting, mixing, loading, and applications
of pesticides, more than one qualified supervisor must be employed by
the licensee.

2.13.	A commercial applicator who conducts such 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 CFR,
part 137. 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 enter into a contract which
incidentally requires one or more pesticide applications. 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. The absence of a written
provision in the contract which states that the contractor will
subcontract with a licensed commercial applicator, to perform the
pesticide application(s) called for in the contract, shall be evidence
that the contractor itself intends to perform the applications.

2.16.	A commercial applicator not licensed in a category
(“contractor”) may enter into a contract with a customer to perform
pesticide applications in said category if the contractor intends to
subcontract 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. The
absence of a written provision in the contract with the customer which
states that the contractor will subcontract with a subcontractor
licensed to perform the pesticide application(s) called for in the
contract, shall be evidence that the contractor itself intends to
perform the applications.

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
§ 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 section, 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 other
information required on the form.

2.25.	In addition to the form approved by the Commissioner, 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 CFR, part 137. 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.	If a registered limited commercial applicator's or a registered
public applicator's operation at any one location is so extensive that
one individual cannot adequately supervise all pest control
recommendations, soliciting, mixing, loading, and applications of
pesticides, more than one qualified supervisor must be employed by the
registered limited commercial applicator or a registered public
applicator.

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 mixes, or
loads, or applies 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 shall complete and file with the
Commissioner an application, prior to the date of expiration of any
current license on a form furnished by the Commissioner, and which
contains, at a minimum, the following: the applicant's identification
number, if any, his or her name, the name, address, telephone number,
and license or registration number of his or her employer, if any, and
any other information required on the form.

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 retirements 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.	Each individual who applies for a license must provide all
information and documents required by the Commissioner to verify lawful
presence in the United States pursuant to Section 24-76.5-103, C.R.S.
Failure to provide all such information and documents in the manner
specified by the Commissioner shall be grounds for denial of an
application for a license or renewal of an existing license.

2.39.	Except as provided in § 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.

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 license.

2.48.	An individual certified or licensed by another jurisdiction as a
commercial pesticide applicator may become a certified operator 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 § 2.39. Any application
for licensure pursuant to this section 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
section, 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 § 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.

2.50.	Each applicant for a private applicator license or renewal of a
license shall complete and file with the Commissioner an application on
a form furnished by the Commissioner, and which contains, at a minimum,
the following: the applicant's identification number, if any, his or her
name, address, telephone number, photocopy of their identification, and
any other information required on the form. Licenses issued by the
Environmental Protection Agency prior to January 1, 2006 cannot be
renewed.

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
supervision of any unlicensed person 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
section, supervision of any unlicensed person working "under his or her
direction" shall mean work performed by an individual acting under the
instruction and control of a licensed private applicator, even if the
licensed private applicator is not physically present at the work site
at the time the work is performed.

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 license.

 2.59.	An individual certified or licensed by another jurisdiction
outside Colorado as a private applicator may perform the acts for which
a private applicator license is required 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 § 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 section, 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 § 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.

Subpart E	Licensure Actions, Suspension, Denial, Revocation

2.60	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.

3.1.	The Commissioner, or his or her designate administrator, shall
administer a general examination and/or an examination in each category
established by these rules. 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.

3.2.	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.

3.3.	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.

3.4.	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.

3.5.	Examinations shall be graded without reference to the application
or personal identification forms which have been completed by the
applicant.

3.6.	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.

3.7.	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.

3.8.	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

4.1.	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; and

(g)	1 credit for each licensed category in the subject area of pest
management except for those categories described in subsection (h) of
this § 4.1 below.

(h)	2 credits for each of the following licensed categories:
residential/commercial pest control, turf pest control and ornamental
pest control.

4.2.	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)	request for approval must be in writing;

(c)	requests for approval must be submitted by the sponsors;

(d)	requests for approval must be submitted no less than fifteen days
prior to the course; and

(e)	requests for approval shall include the proposed agenda, the
identity of all speakers at pertinent course(s) and a synopsis of the
topics to be addressed in each course for which credit is being
requested.

4.3.	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.

4.4.	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. It is the individual's responsibility to
confirm that his or her name appears on the attendance list when he or
she attends an approved course.

4.5.	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 Subpart C - I of this
section.)

Subpart B	General Continuing Education Requirements For Private
Applicators

4.6.	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.

4.7.	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)	request for approval must be in writing;

(c)	requests for approval must be submitted by the sponsors;

(d)	requests for approval must be submitted no less than fifteen days
prior to the course; and

(e)	requests for approval shall include the proposed agenda, the
identity of all speakers at pertinent course(s) and a synopsis of the
topics to be addressed in each course for which credit is being
requested.

4.8.	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.

4.9.	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. It is the individual's responsibility to
confirm that his or her name appears on the attendance list when he or
she attends an approved course.

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
section.)

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,
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:
Material Safety Data Sheet(s) (MSDS), 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: Material
Safety Data Sheet (s) (MSDS), 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 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.

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,
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
beneficials 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, post-treatment 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

5.1.	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 subpart (B) of this Part 5,
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.

5.2.	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)	A person must be a technician or must be training to be a technician
if said person uses, sells, or recommends a restricted use pesticide
while 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 maintain a form
established by the Commissioner for each technician trained by said
commercial applicator.

(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.

Subpart B	Agricultural

5.3.	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 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, use, 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 identification, and public safety.

5.4.	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.

5.5.	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 § 5.3 the training required. Said training may be either
classroom-instructional or on the job training as determined by the
qualified supervisor.

5.6.	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 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;

(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 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 the job training as the need is
determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

Subpart C	Turf

5.7.	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
minimum 36 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, use, equipment and calibration, pesticides
and their families, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 4 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 identification, and public safety.

5.8.	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 their families, pesticide
label and labeling, and public safety;

(b)	At least 8 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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.

5.9.	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 State, Federal, and local laws and regulations,
environmental precautions, use, equipment and calibration, pesticides
and their families, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 16 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 § 5.9 the
training required. Said training may be either classroom-instructional
or on the job training as determined by the qualified supervisor.

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 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;

(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 is determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

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 State, Federal, and local laws and regulations,
environmental precautions, use, equipment and calibration, pesticides
and their families, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 8 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 ornamental 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.

5.13.	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 their families, pesticide
label and labeling, and public safety;

(b)	At least 16 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 ornamental 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.

5.14.	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 State, Federal, and local laws and regulations,
environmental precautions, use, equipment and calibration, pesticides
and their families, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 24 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 ornamental 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.

5.15.	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 §
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 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;

(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 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 is determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

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 State, Federal, and local laws and regulations,
environmental precautions, use, equipment and calibration, pesticides
and their families, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 12 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 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.

5.18.	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 their families, pesticide
label and labeling, and public safety;

(b)	At least 24 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 identification,
and public safety.

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 State, Federal, and local laws and regulations,
environmental precautions, use, equipment and calibration, pesticides
and their families, applicator safety, pesticide label and labeling, and
public safety;

(b)	At least 32 hours of which shall be classroom-instructional training
covering: pest management and host and pest identification; and

(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 § 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 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;

(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 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 is determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

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 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;

(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 the job training as the need is
determined by the qualified supervisor; and

(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 § 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 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; 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 labeling, host and pest identification, and public safety.

(c)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

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, wood
preservation and wood products treatment, or interior plant pest control
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, use, 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 identification, and public safety.

5.26.	Each sales technician working for a commercial applicator licensed
in the structural categories of outdoor vertebrate pest control, stored
commodities treatment, wood preservation and wood products treatment, or
interior plant pest control 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 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, 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 § 5.25 the training required. Said training may be either
classroom-instructional or on the job training as determined by the
qualified supervisor.

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, 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 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;

(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 the job training as the need is
determined by the qualified supervisor; and

(d)	Experienced sales technicians are not required to complete training
in use, equipment and calibration nor applicator safety.

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.

6.02.	Registered limited commercial and registered public applicators
shall maintain accurate and legible office records of each application
of pesticides.

6.03.	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 number
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 of the person who made 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.

6.04.	Any applicator performing wood destroying insect control, for the
control of termites, shall keep, in addition to record keeping
requirements outlined in section 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:

(A)	Approximate measurements as accurately as practical;

(B)	Areas of known current termite activity;

(C)	Areas of known previous termite activity;

(D)	Areas of known conditions conducive to termite activity;

(E)	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:

(a)	The number and locations of baiting and monitoring stations to be
installed;

(b)	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 (2006), incorporated herein
by reference (later amendments not included).  Pursuant to §35-10-111
of the Act, such records shall be retained for a period of three years
from the date of the pesticide application.

Part 7.	Business Practices, Equipment Identification, Notices.

7.01.	Equipment identification.

a)	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
rule 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
7.01(a)(l) 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.

b)	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
rule 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
7.01(b)(l) 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 attached labeling 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 rule shall not apply
to aerial applicators or private applicators.

Part 8.	Agricultural Applicators.

8.01.	The agricultural classification includes the following categories:

(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.

(b)	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)	Agricultural Weed Control: the application of pesticides to
agricultural lands, including pastures, croplands and non-crop
agricultural lands, to control weeds.

(d)	Seed Treatment: the application of pesticides to seeds.

(e)	Livestock Pest Control: the application of pesticides to livestock.

(f)	Forest Pest Control: the application of pesticides in forests,
forest nurseries, forest seed producing areas, windbreaks and downed
timber. For applications in forested areas that come within maintained
areas surrounding residential or commercial structures or 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.

(g)	Rangeland Pest Control: the application of pesticides to rangeland.
For applications performed in rangeland areas that come within
maintained areas surrounding residential or commercial structures or
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 ornamental pest
control category shall not apply to aerial applicators or ground
applications made by federal, state, or local governments on property
they own.

(h)	Aquatic Pest Control: the application of pesticides to standing or
running water, except for pesticide applications which are included in
the “Public Health” category, at rule 8.01(j).

(1)	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)	Industrial and Right-of-Way Weed Control: the application of
pesticides to maintain public and private roads, electrical power lines,
railway rights-of-way, construction and maintenance of parking lots,
drilling rigs, substations, or similar areas.

(j)	Public Health Pest Control: the application of pesticides for
control of disease vectors, except vertebrates.

(k)	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.

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 sections
(a)(3) through (6), and/or (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, he or she
shall be responsible for giving the notices required by sections (a) and
(b) above to the person(s) who are occupying the site, as well as to the
customer: This section (d) does not apply to applications to crops or to
large-scale pest control programs.

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 sub-category shall have at a
minimum 32 hours of training:

(1)	At least 8 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; 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 labeling, host and pest identification,
and public safety;

(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 sub-sections (c) (1) and (2) the training required. Said training may
be either classroom-instructional or on the job training as determined
by the qualified supervisor.

(f)	Each 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)	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.

(b)	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 § 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 § 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 in subsection (b) 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 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 that states:
(1) the pesticide(s) applied; (2) the date of application; and (3) 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.

Part 10.	Structural Applicators.

10.01.	The structural pest control classification includes the following
categories.

(a)	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)	Outdoor Vertebrate Pest Control: the application of pesticides or
bait stations intended for preventing, destroying, repelling or
mitigating any amphibian, reptile, bird, fish, feral dogs and cats,
moles, voles, bats, wild carnivores, rabbits, skunks, and any other
vertebrate pest, except rats and mice.

(c)	Fumigation: the application of a fumigant 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 for local insect and/or rodent control.

(d)	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 or actions taken to control wood destroying organisms, outdoor
vertebrates, or grain storage pests.

(e)	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).

(f)	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)	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.

10.02.	An applicant for licensing as a qualified supervisor in the
structural pest control categories of wood destroying organisms,
household 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,
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 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 as are necessary or appropriate to avoid endangering human
or animal health, or to avoid creating an unreasonable risk of damage to
property.

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, in letters
at least one inch high, which reads: “WARNING: HAZARDOUS MATERIALS
(PESTICIDES) ARE CONTAINED WITHIN. In case of emergency, contact: (name)
at (telephone number).” Compliance with this rule is not necessary for
any person who has marked his storage areas with signs which comply with
the local fire department requirements.

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 material 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
section 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) (1995), 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 (1995), applicable to hazard communication for chemicals.

(a)	The incorporation in this section of the aforesaid regulations of
the U.S. Environmental Protection Agency and the Occupational Safety and
Health Administration, U.S. Department of Labor does not include any
later amendments to or editions of such incorporated material.

(b)	Information concerning the aforesaid incorporated regulations of the
U.S. Environmental Protection Agency and the Occupational Safety and
Health Administration, U.S. Department of Labor may be obtained from:

Deputy Commissioner

Colorado Department of Agriculture

700 Kipling St, Suite 4000

Lakewood, CO  80215-8000

and may be examined at any state publications depository library.

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.

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 residence.

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 and
approximate time of any turf or ornamental pesticide application, prior
to the application, to any person who resides on property which abuts
the property to be treated and whose name is on the published registry.
An applicator may meet this requirement by making not less than two
attempts to notify any owner or tenant who is on the registry. Such
attempts shall be made as early as practicable but not later than
twenty-four hours before the application.

12.07.	Notice may be by any method, including telephone, mail or
personal notification. If attempts at notification by the applicator
fail, and a pesticide application is necessary, the commercial,
registered limited commercial, or registered public applicator shall
attempt to notify the resident in person immediately prior to the
application. Notice of the application and attempts at notification
shall be placed on the door of the person requesting notification if all
notification attempts fail.

Subpart B	Structural Notification

12.08.	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 12.10 of this section.

12.09.	An applicator may meet the notification requirement by making not
less than two attempts to notify any owner or tenant who is on the
registry. Such attempts shall be made as early as practicable but not
later than twenty-four hours before the application.  Notice may be by
any method, including telephone, mail or personal notification. If
attempts at notification by the applicator fail, and a pesticide
application is necessary, the commercial, registered limited commercial
or registered public applicator shall attempt to notify the resident in
person immediately prior to the application. Notice of the application
and attempts at notification shall be placed on the door of the person
requesting notification if all notification attempts fail.

12.10.	The following circumstances do not require notification, as
outlined in 12.08 of this section, 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 §12.08.

i)	Applications specified in this section, 12.10(a), require the
applicator to attempt to notify any owner or tenant who is on the
registry immediately prior to the application.

ii)	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.

iii)	The notification requirement in this section (a) is in addition to
the requirements for the notice of application outlined in sections
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 sections
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 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.

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 would make a sign inconspicuous or
illegible if the sign were posted within the distances specified in this
paragraph, the sign shall be posted in a similar manner such that it is
conspicuous and easily legible to any adult or child entering or passing
the property on foot.

13.04.	For greenbelts, parks, golf courses, athletic fields,
playgrounds, common property of multi-unit residential and commercial
properties, or other similar recreational or common property, the signs
must be posted immediately adjacent to areas within the property where
pesticides have been applied in a manner that is conspicuous and easily
legible to any adult or child entering the treated area(s). 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.

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:

(i)	physical illness, injury, or death to one or more individuals;

(ii)	damage to property, either real or personal; or