CALCP Laws & Regs Colorado Department of Agriculture - PowerPoint Presentation

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CALCPLaws & RegsColorado Department of AgricultureMar 7, 2017

Jonathan Handy

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High Points

Notification & posting

Which category is that?

Inspection issues

PAA overview

Federal changes – C&T and WPS

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Notification & Posting

Public

PAA 35-10-112(1); rule 13

Customer

R

ule 8.03 (ag), 9.04 (turf & ornamental), 10.04 – 10.07 (structural)

Pesticide sensitive person

35-10-112(2); rule 12

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Public Notification – Yellow Sign

Comm

app business, registered limited

comm

& registered public app

Turf 206, ornamental 207, aquatic 108

At each conspicuous point of entry; other location requirements (rule part 13)

“At the time of” = before application starts

Application to commercial property

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Public Notification – Sign Details

Water resistant, yellow, 4” high, 5” wide, black text

“WARNING” (60

pt

, bold)

“PESTICIDES APPLIED” (24

pt

bold)

2” diameter circle with diagonal slash over adult, child, dog

Name of business or registrant (18

pt

bold)

Comm

site/owner or agent not present:

Phone #, pesticide name, date of app (18

pt

bold)

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Public Notification

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Public Notice – Sign Location (206, 207)

At each conspicuous point of entry

Bottom at least 18” off ground

Top no more than 48” off ground

2’ to 5’ from sidewalk, road, or boundary

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.

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Parking Lot

Hedge

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Public Notice – Sign Location(Aquatic 108)

At each

place of legal public access

(13.05)

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Notification of Customer

Commercial applicators – all categories

O

ral, written, or electronic – depending on category & other factors

“At the time of” = by end of application

Application to commercial property

Multi-unit dwelling

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Notification of Customer - Ag

Pre-notification (8.03(a)) – may be oral

Pesticide applied

Site of application

Applicable REIs

Applicable grazing intervals

Applicable pre-harvest interval

Any precautionary statements on label

Post-notification (8.03(b)) – must be written; label may be used

Same as pre-, except: amount applied, date of application & applicable crop rotation intervals

Electronic notification allowed (8.03(e))

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Notification of Customer –Turf 206 & Ornamental 207

At time of application; written (9.04(a)):

The fact a pesticide has been applied

Name of pesticide

Date of application

Precautionary statements from label

Electronic notification allowed (9.04(d))

Comm

site w/o owner/agent present (9.04(b))

Promptly after application

Pesticide name, date of app, precautionary statements from label

Electronic notification allowed (9.04(d))

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Notification of Customer –Turf 206 & Ornamental 207 - Ctd

Multi-unit dwelling site w/o owner or agent present (9.04(c))

Promptly

after: name of pesticide, date, precautionary statements from

label

Electronic notification

not

allowed

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Notification of Public –Turf 206 & Ornamental 207 - Ctd

Multi-unit dwelling site w/o owner or agent present (9.04(c

))

At

time of app: yellow public posting flags with “WARNING;” “PESTICIDES APPLIED;” circle with line & adult, child, dog; telephone # of applicator; name of pesticide applied; date of application.

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Notification of Customer –Structural

At time of application;

written

(10.04):

The fact a pesticide has been applied

Name of pesticide

Date of application

Precautionary statements from label

Electronic notification

allowed (10.06)

Site where customer is not occupant; written, at time of application, to occupant (10.05):

Pesticide

name, date of app, precautionary statements from label

Electronic notification

allowed (10.06)

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Notification of Customer –Structural - Ctd

Within a multi-unit dwelling

w/o owner or agent

present (10.07)

Promptly

after: name of pesticide, date, precautionary statements from label

Electronic

notification

not

allowed

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Notification of Public –Structural - Ctd

Within a multi-unit dwelling w/o owner or agent present (10.07

)

When making application, posted at primary entrance(s) to interior common areas: name of pesticide applied; date of application

.

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Notification of PSR Registrant

Comm

app business, registered limited

comm

& registered public

app

Turf

206,

ornamental 207, WDO 301, res/

comm

304 & interior plant 307

Abutting property & multi-unit dwelling

At least 2 attempts to notify 24

hrs

or more prior

If unsuccessful, one last attempt immediately prior

Place notice on door if no success

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Vehicle, Equipment, Invoice

Vehicle & equipment identification

R

ule 7.01 (vehicle & equipment), 11.08 (service container)

Customer invoice

Rule 14 (“Commercial applicators are licensed by the Colorado Department of Agriculture” required)

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Which Category?

107 rangeland vs 109 IROW

206 turf vs 109 IROW…sidewalks…

110 public health/mosquito vs 304 residential commercial

Others?

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Common Inspection Issues2014-16

Records (99 occurrences)

Storage (98)

Equipment (84)

Posting (46)

Technician training (37)

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Inspection

PAA Overview

Federal changes

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Common Inspection Issues2014-16

Records (99 occurrences)

Storage (98)

Equipment (84)

Posting (46)

Technician training (37)

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2015 PAA Sunset

Private app records

kept two

years

(35-10-111)

Received not PM date for renewals (107, 116)

Public

& limited comm. app core training

(109

)

Web post of enforcement

actions

(

124

)

PAC

expanded from 11 to 15 members (125

)

Next Sunset - 2023

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2016 New PAA Rule

308 Post-harvest potato pest (PAA rule 10.01)

Electronic notification (8.03, 9.04, 10.06)

N

on-registered public & limited comm. training (16)

Use of pesticides in cannabis production (17)

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Non-registered limited commercial applicator owner or designee must be trained in core pesticide use knowledge for many GUP applications (16.02)Non-registered public applicator employees must be trained in core for many GUP applications (16.02)Ready to use (RTU) & disinfectant/sanitizing pesticides excluded (16.03)

PAA Rule

P

art 16: Core

Pesticide Use Training

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Core Training for Applications at Schools, Day-Cares, Hospitals

All applicators must be trained in core prior to application of any GUP (16.03)

E

xcept disinfectants/sanitizers

I

ncluding ready-to-use (RTU) GUPs

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Core Pesticide Use TrainingOptions

Passing free CDA/CSU online course within last three years (16.04, 16.05)

Attending CDA-approved core courses (continuing education or other) within last three years (16.04, 16.05)

Passing a general CDA pesticide applicator exam (qualified supervisor, certified operator, private applicator) within last three years (16.04)

Holding a current QS, CO or PA license (16.04)

Training records must be maintained three years minimum

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Core Training CSU Web Class

Free; administered

by CSU Colorado Environmental Pesticide Education Program (CEPEP)

Five interactive modules: 1) IPM & law, 2) labels & SDS,

3) applicator safety, 4) pesticide application, 5) environmental

protection & public health

Created by CDA & CSU CEPEP

Go to cepep.agsci.colostate.edu, and select “Non-registered Applicator” under licensing/training

Direct: http

://cepep.agsci.colostate.edu/1-licensing/non-registered-applicator-training-modules/

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PAA Rule Part 17: Use of Pesticides for Cannabis Production

CDA to publish pesticides legal for use

on cannabis (

17.02)

Go to colorado.gov/

agplants

/pesticides & select “cannabis production” under Helpful Links

Any pesticide used to cultivate cannabis must be registered with CDA (17.03)

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Pesticides for Cannabis Production - Ctd

Use conditions – EPA registered products (17.04(a)):

Label must be followed

Product must be tolerance exempt

Label allows use on intended application site

Unless otherwise authorized by CDA, label must expressly allow use on crops for human consumption

Active ingredients are allowed for use on tobacco

Specific use conditions are in 17.04(d) & (e) for 25b minimum risk & special local need pesticides

CDA can prohibit a product that it determines is a significant threat to public health & safety or the environment (17.05)

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EPA C&T Rule40 CFR 171 Under FIFRA

Aug 2015 – draft rule released

Jan 2016 - comment period closed

Dec 12, 2016 – new rule finalized

1

st

major update since 1974 inception of C&T rule

Mar 2020 - states must submit plans to EPA for law & rule changes

Mar 2022 – EPA must approve or reject; law & rule change process begins

Sep 2023 – next CO PAA sunset

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C&T Rule Highlights 1

Concern with draft but

not

in final rule: additional CECs for license renewal

Many of the new requirements are already in place in Colorado

Only a few changes will affect us

EPA focus: safe RUP use; Colorado law governs both GUP & RUP use

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C&T Rule Highlights 2

New license categories: soil & non-soil fumigation, aerial application, predator control

Expanded core category certification requirements; proctored & closed book PA exams

Increased

tech training

requirements

18

year minimum age for

applicators

Use of pesticide redefined & expanded

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EPA WPS Rule40 CFR 170 Under FIFRA

Changes to agricultural worker protection standard (WPS)

To increase protections from pesticide exposure for ag workers & their families

CDA contact: Mike

Rigirozzi

(303) 869-9059 &

michael.rigirozzi@state.co.us

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WPS Rule Timeline

Aug 2014 comment

period

closed

Nov 3, 2015 final rule

publised

Jan 1, 2016 effective date

Jan 1, 2018 fully

effective date

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CDA Elicense: AgLicense

On-line

licensure, renewal, account

updates

Pesticide products & PSR have migrated

PSR will be accessible to commercial applicators online

Pesticide applicators to migrate in the near future

Online renewal notices

CEC

On-line course submission

ID cards – bar coded

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Other Current Topics

Drones & ag aviation

Zika

virus

Pesticides and cannabis

EAB & ornamental applicators

Douglas Fir Tussock Moth

Ozone generators

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Thank You!

Jonathan Handy

Colorado Department of Agriculture

Pesticide Applicator Program Coordinator

305 Interlocken Parkway

Broomfield, CO 80021

303-869-9063

jonathan.handy@state.co.us