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Colorado Senate Bill SB266

Colorado 2023 Regular Session

Colorado Senate Bill SB266 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0996.01 Jennifer Berman x3286
18 SENATE BILL 23-266
2-BY SENATOR(S) Priola and Jaquez Lewis, Bridges, Buckner, Coleman,
3-Cutter, Danielson, Hansen, Marchman, Sullivan, Winter F., Fenberg;
4-also REPRESENTATIVE(S) Brown and Kipp, Amabile, Bacon, Bird,
5-Boesenecker, Dickson, English, Froelich, Gonzales-Gutierrez, Hamrick,
6-Herod, Jodeh, Lindsay, Mabrey, McCormick, Parenti, Ricks, Sharbini,
7-Sirota, Snyder, Story, Titone, Valdez, Vigil, Weissman, Willford,
8-Woodrow, McCluskie.
9+Senate Committees House Committees
10+Agriculture & Natural Resources Agri culture, Water & Natural Resources
11+Appropriations
12+A BILL FOR AN ACT
913 C
10-ONCERNING A REQUIREMENT THAT THE COMMISSIONER OF AGRICULTURE
11-DESIGNATE NEONICOTINOID PESTICIDES AS LIMITED
12--USE PESTICIDES.
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, 35-9-103, amend the
15-introductory portion; and add (9.5) as follows:
16-35-9-103. Definitions. As used in this article
17- ARTICLE 9, unless the
18-context otherwise requires:
14+ONCERNING A REQUIREMENT THAT THE COMMISSIONER OF101
15+AGRICULTURE DESIGNATE NEON ICOTINOID PESTICIDES AS102
16+LIMITED-USE PESTICIDES.103
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill requires that, on or before January 1, 2024, the
25+commissioner of agriculture adopt rules designating neonicotinoid
26+pesticides as limited-use pesticides, limiting their use to licensed pesticide
27+applicators, and authorizing only licensed dealers to sell them. The
28+commissioner's rules must exempt certain products that contain
29+HOUSE
30+3rd Reading Unamended
31+April 29, 2023
32+HOUSE
33+Amended 2nd Reading
34+April 26, 2023
35+SENATE
36+3rd Reading Unamended
37+April 20, 2023
38+SENATE
39+Amended 2nd Reading
40+April 19, 2023
41+SENATE SPONSORSHIP
42+Priola and Jaquez Lewis, Bridges, Buckner, Coleman, Cutter, Danielson, Fenberg,
43+Hansen, Marchman, Sullivan, Winter F.
44+HOUSE SPONSORSHIP
45+Brown and Kipp, Amabile, Bacon, Bird, Boesenecker, Dickson, English, Froelich,
46+Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lindsay, Mabrey, McCluskie, McCormick,
47+Parenti, Ricks, Sharbini, Sirota, Snyder, Story, Titone, Valdez, Vigil, Weissman, Willford,
48+Woodrow
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. neonicotinoid pesticides from the limited-use pesticide designation,
52+including products intended for use:
53+! As pet care products;
54+! By licensed veterinarians;
55+! As indoor personal care products related to lice or bedbugs;
56+! As agricultural products;
57+! For academic research; and
58+! As wood coating products.
59+Be it enacted by the General Assembly of the State of Colorado:1
60+ 2
61+SECTION 1. In Colorado Revised Statutes, 35-9-103, amend the3
62+introductory portion; and add (9.5) as follows:4
63+35-9-103. Definitions. As used in this article ARTICLE 9, unless5
64+the context otherwise requires:6
1965 (9.5) "N
20-EONICOTINOID PESTICIDE" MEANS ANY PESTICIDE
21-CONTAINING A CHEMICAL BELONGING TO THE NEONICOTINOID CLASS OF
22-CHEMICALS
23-, INCLUDING:
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. (a) ACETAMIPRID;
66+EONICOTINOID PESTICIDE" MEANS ANY PESTICIDE7
67+CONTAINING A CHEMICAL BELONGING TO THE NEONICOTINOID CLASS OF8
68+CHEMICALS, INCLUDING:9
69+(a) A
70+CETAMIPRID;10
3271 (b) C
33-LOTHIANIDIN;
72+LOTHIANIDIN;11
3473 (c) D
35-INOTEFURAN;
74+INOTEFURAN;12
3675 (d) I
37-MIDACLOPRID;
76+MIDACLOPRID;13
3877 (e) N
39-ITENPYRAM;
78+ITENPYRAM;14
4079 (f) N
41-ITHIAZINE;
80+ITHIAZINE;15
4281 (g) T
4382 HIACLOPRID; OR
44-(h) THIAMETHOXAM.
45-SECTION 2. In Colorado Revised Statutes, 35-9-118, add (7) as
46-follows:
47-35-9-118. Powers and duties of the commissioner - exemptions
48-- rules. (7) (a) O
49-N OR BEFORE JANUARY 1, 2024, THE COMMISSIONER SHALL
50-ADOPT RULES REQUIRING NEONICOTINOID PESTICIDES TO BE DESIGNATED AS
51-LIMITED
52--USE PESTICIDES.
83+16
84+(h) T
85+HIAMETHOXAM.
86+17
87+SECTION 2. In Colorado Revised Statutes, 35-9-118, add (7) as18
88+follows:19
89+35-9-118. Powers and duties of the commissioner - exemptions20
90+- rules. (7) (a) ON OR BEFORE JANUARY 1, 2024, THE COMMISSIONER21
91+266-2- SHALL ADOPT RULES REQUIRING NEONICOTINOID PESTICIDES TO BE1
92+DESIGNATED AS LIMITED-USE PESTICIDES.2
5393 (b) O
5494 N OR BEFORE JULY 1, 2024, THE COMMISSIONER SHALL ADOPT
55-RULES REQUIRING NEONICOTINOID PESTICIDES TO BE SOLD ONLY BY DEALERS
56-LICENSED PURSUANT TO SECTION
57-35-9-114.
95+3
96+RULES REQUIRING NEONICOTINOID PESTICIDES TO BE SOLD ONLY BY4
97+DEALERS LICENSED PURSUANT TO SECTION 35-9-114.5
5898 (c) S
5999 UBSECTIONS (7)(a) AND (7)(b) OF THIS SECTION, AND RULES
60-THAT THE COMMISSIONER ADOPTS PURSUANT TO THOSE SUBSECTIONS
61-, DO
62-NOT APPLY TO PESTICIDE PRODUCTS CONTAINING NEONICOTINOID ACTIVE
63-INGREDIENTS
64-:
65-(I) T
66-HAT ARE USED IN ACADEMIC RESEARCH ; OR
67-(II) FOR WHICH THE PRODUCT LABEL INCLUDES ONE OR MORE OF THE
68-FOLLOWING INTENDED USES
69-:
100+6
101+THAT THE COMMISSIONER ADOPTS PURSUANT TO THOSE SUBSECTIONS , DO7
102+NOT APPLY TO PESTICIDE PRODUCTS CONTAINING NEONICOTINOID ACTIVE8
103+INGREDIENTS THAT:9
104+(I) A
105+RE USED IN ACADEMIC RESEARCH; OR
106+10
107+(II) F
108+OR WHICH THE PRODUCT LABEL INCLUDES ONE OR MORE OF
109+11
110+THE FOLLOWING INTENDED USES :12
70111 (A) A
71112 S A PET CARE PRODUCT;
72-PAGE 2-SENATE BILL 23-266 (B) AS A VETERINARY PRODUCT USED BY A VETERINARIAN LICENSED
73-PURSUANT TO ARTICLE
74-315 OF TITLE 12 AS PART OF THE VETERINARIAN'S
75-LICENSED PRACTICE
76-;
77-(C) A
78-S AN INDOOR PEST CONTROL PRODUCT ;
79-(D) A
80-S A PERSONAL CARE PRODUCT USED FOR PREVENTING ,
81-DESTROYING, REPELLING, OR MITIGATING LICE;
82-(E) A
83-S A PRODUCT USED IN STRUCTURAL INSULATION ;
84-(F) A
85-S A PRESERVED WOOD PRODUCT OR PRODUCT USED IN THE
86-MANUFACTURING OF WOOD PRESERVATIVES
87-;
88-(G) A
89-S A BAIT PRODUCT, INCLUDING, BUT NOT LIMITED TO, BAIT
90-STATION TRAPS AND SCATTER BAIT
91-; OR
92-(H) AS AN INSECT STRIP.
93-SECTION 3. Act subject to petition - effective date -
94-applicability. (1) This act takes effect at 12:01 a.m. on the day following
95-the expiration of the ninety-day period after final adjournment of the
96-general assembly; except that, if a referendum petition is filed pursuant to
97-section 1 (3) of article V of the state constitution against this act or an item,
98-section, or part of this act within such period, then the act, item, section, or
99-part will not take effect unless approved by the people at the general
100-election to be held in November 2024 and, in such case, will take effect on
101-the date of the official declaration of the vote thereon by the governor.
102-PAGE 3-SENATE BILL 23-266 (2) This act applies to conduct occurring on or after the applicable
103-effective date of this act.
104-____________________________ ____________________________
105-Steve Fenberg
106-Julie McCluskie
107-PRESIDENT OF SPEAKER OF THE HOUSE
108-THE SENATE OF REPRESENTATIVES
109-____________________________ ____________________________
110-Cindi L. Markwell Robin Jones
111-SECRETARY OF CHIEF CLERK OF THE HOUSE
112-THE SENATE OF REPRESENTATIVES
113- APPROVED________________________________________
114- (Date and Time)
115- _________________________________________
116- Jared S. Polis
117- GOVERNOR OF THE STATE OF COLORADO
118-PAGE 4-SENATE BILL 23-266
113+13
114+(B) A
115+S A VETERINARY PRODUCT USED BY A VETERINARIAN
116+14
117+LICENSED PURSUANT TO ARTICLE 315 OF TITLE 12 AS PART OF THE15
118+VETERINARIAN'S LICENSED PRACTICE;16
119+(C) AS AN INDOOR PEST CONTROL PRODUCT ;17
120+(D) AS A PERSONAL CARE PRODUCT USED FOR PREVENTING ,18
121+DESTROYING, REPELLING, OR MITIGATING LICE;19
122+(E) AS A PRODUCT USED IN STRUCTURAL INSULATION ;20
123+(F) AS A PRESERVED WOOD PRODUCT OR PRODUCT USED IN THE21
124+MANUFACTURING OF WOOD PRESERVATIVES ;22
125+(G) AS A BAIT PRODUCT, INCLUDING, BUT NOT LIMITED TO, BAIT23
126+STATION TRAPS AND SCATTER BAIT; OR24
127+(H) AS AN INSECT STRIP.25
128+SECTION 3. Act subject to petition - effective date -26
129+applicability. (1) This act takes effect at 12:01 a.m. on the day following27
130+266
131+-3- the expiration of the ninety-day period after final adjournment of the1
132+general assembly; except that, if a referendum petition is filed pursuant2
133+to section 1 (3) of article V of the state constitution against this act or an3
134+item, section, or part of this act within such period, then the act, item,4
135+section, or part will not take effect unless approved by the people at the5
136+general election to be held in November 2024 and, in such case, will take6
137+effect on the date of the official declaration of the vote thereon by the7
138+governor.8
139+(2) This act applies to conduct occurring on or after the applicable9
140+effective date of this act.10
141+266
142+-4-