First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0996.01 Jennifer Berman x3286
SENATE BILL 23-266
Senate Committees House Committees
Agriculture & Natural Resources Agri culture, Water & Natural Resources
Appropriations
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT THE COMMISSIONER OF101
AGRICULTURE DESIGNATE NEON ICOTINOID PESTICIDES AS102
LIMITED-USE PESTICIDES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires that, on or before January 1, 2024, the
commissioner of agriculture adopt rules designating neonicotinoid
pesticides as limited-use pesticides, limiting their use to licensed pesticide
applicators, and authorizing only licensed dealers to sell them. The
commissioner's rules must exempt certain products that contain
HOUSE
Amended 2nd Reading
April 26, 2023
SENATE
3rd Reading Unamended
April 20, 2023
SENATE
Amended 2nd Reading
April 19, 2023
SENATE SPONSORSHIP
Priola and Jaquez Lewis, Bridges, Buckner, Coleman, Cutter, Danielson, Fenberg,
Hansen, Marchman, Sullivan, Winter F.
HOUSE SPONSORSHIP
Brown and Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. neonicotinoid pesticides from the limited-use pesticide designation,
including products intended for use:
! As pet care products;
! By licensed veterinarians;
! As indoor personal care products related to lice or bedbugs;
! As agricultural products;
! For academic research; and
! As wood coating products.
Be it enacted by the General Assembly of the State of Colorado:1
2
SECTION 1. In Colorado Revised Statutes, 35-9-103, amend the3
introductory portion; and add (9.5) as follows:4
35-9-103. Definitions. As used in this article ARTICLE 9, unless5
the context otherwise requires:6
(9.5) "N
EONICOTINOID PESTICIDE" MEANS ANY PESTICIDE7
CONTAINING A CHEMICAL BELONGING TO THE NEONICOTINOID CLASS OF8
CHEMICALS, INCLUDING:9
(a) A
CETAMIPRID;10
(b) C
LOTHIANIDIN;11
(c) D
INOTEFURAN;12
(d) I
MIDACLOPRID;13
(e) N
ITENPYRAM;14
(f) N
ITHIAZINE;15
(g) T
HIACLOPRID; OR
16
(h) T
HIAMETHOXAM.
17
SECTION 2. In Colorado Revised Statutes, 35-9-118, add (7) as18
follows:19
35-9-118. Powers and duties of the commissioner - exemptions20
- rules. (7) (a) ON OR BEFORE JANUARY 1, 2024, THE COMMISSIONER21
266-2- SHALL ADOPT RULES REQUIRING NEONICOTINOID PESTICIDES TO BE1
DESIGNATED AS LIMITED-USE PESTICIDES.2
(b) O
N OR BEFORE JULY 1, 2024, THE COMMISSIONER SHALL ADOPT
3
RULES REQUIRING NEONICOTINOID PESTICIDES TO BE SOLD ONLY BY4
DEALERS LICENSED PURSUANT TO SECTION 35-9-114.5
(c) S
UBSECTIONS (7)(a) AND (7)(b) OF THIS SECTION, AND RULES
6
THAT THE COMMISSIONER ADOPTS PURSUANT TO THOSE SUBSECTIONS , DO7
NOT APPLY TO PESTICIDE PRODUCTS CONTAINING NEONICOTINOID ACTIVE8
INGREDIENTS THAT:9
(I) A
RE USED IN ACADEMIC RESEARCH; OR
10
(II) F
OR WHICH THE PRODUCT LABEL INCLUDES ONE OR MORE OF
11
THE FOLLOWING INTENDED USES :12
(A) A
S A PET CARE PRODUCT;
13
(B) A
S A VETERINARY PRODUCT USED BY A VETERINARIAN
14
LICENSED PURSUANT TO ARTICLE 315 OF TITLE 12 AS PART OF THE15
VETERINARIAN'S LICENSED PRACTICE;16
(C) AS AN INDOOR PEST CONTROL PRODUCT ;17
(D) AS A PERSONAL CARE PRODUCT USED FOR PREVENTING ,18
DESTROYING, REPELLING, OR MITIGATING LICE;19
(E) AS A PRODUCT USED IN STRUCTURAL INSULATION ;20
(F) AS A PRESERVED WOOD PRODUCT OR PRODUCT USED IN THE21
MANUFACTURING OF WOOD PRESERVATIVES ;22
(G) AS A BAIT PRODUCT, INCLUDING, BUT NOT LIMITED TO, BAIT23
STATION TRAPS AND SCATTER BAIT; OR24
(H) AS AN INSECT STRIP.25
SECTION 3. Act subject to petition - effective date -26
applicability. (1) This act takes effect at 12:01 a.m. on the day following27
266
-3- the expiration of the ninety-day period after final adjournment of the1
general assembly; except that, if a referendum petition is filed pursuant2
to section 1 (3) of article V of the state constitution against this act or an3
item, section, or part of this act within such period, then the act, item,4
section, or part will not take effect unless approved by the people at the5
general election to be held in November 2024 and, in such case, will take6
effect on the date of the official declaration of the vote thereon by the7
governor.8
(2) This act applies to conduct occurring on or after the applicable9
effective date of this act.10
266
-4-