SENATE BILL 23-266
BY SENATOR(S) Priola and Jaquez Lewis, Bridges, Buckner, Coleman,
Cutter, Danielson, Hansen, Marchman, Sullivan, Winter F., Fenberg;
also REPRESENTATIVE(S) Brown and Kipp, Amabile, Bacon, Bird,
Boesenecker, Dickson, English, Froelich, Gonzales-Gutierrez, Hamrick,
Herod, Jodeh, Lindsay, Mabrey, McCormick, Parenti, Ricks, Sharbini,
Sirota, Snyder, Story, Titone, Valdez, Vigil, Weissman, Willford,
Woodrow, McCluskie.
C
ONCERNING A REQUIREMENT THAT THE COMMISSIONER OF AGRICULTURE
DESIGNATE NEONICOTINOID PESTICIDES AS LIMITED
-USE PESTICIDES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 35-9-103, amend the
introductory portion; and add (9.5) as follows:
35-9-103. Definitions. As used in this article
ARTICLE 9, unless the
context otherwise requires:
(9.5) "N
EONICOTINOID PESTICIDE" MEANS ANY PESTICIDE
CONTAINING A CHEMICAL BELONGING TO THE NEONICOTINOID CLASS OF
CHEMICALS
, INCLUDING:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) ACETAMIPRID;
(b) C
LOTHIANIDIN;
(c) D
INOTEFURAN;
(d) I
MIDACLOPRID;
(e) N
ITENPYRAM;
(f) N
ITHIAZINE;
(g) T
HIACLOPRID; OR
(h) THIAMETHOXAM.
SECTION 2. In Colorado Revised Statutes, 35-9-118, add (7) as
follows:
35-9-118. Powers and duties of the commissioner - exemptions
- rules. (7) (a) O
N OR BEFORE JANUARY 1, 2024, THE COMMISSIONER SHALL
ADOPT RULES REQUIRING NEONICOTINOID PESTICIDES TO BE DESIGNATED AS
LIMITED
-USE PESTICIDES.
(b) O
N OR BEFORE JULY 1, 2024, THE COMMISSIONER SHALL ADOPT
RULES REQUIRING NEONICOTINOID PESTICIDES TO BE SOLD ONLY BY DEALERS
LICENSED PURSUANT TO SECTION
35-9-114.
(c) S
UBSECTIONS (7)(a) AND (7)(b) OF THIS SECTION, AND RULES
THAT THE COMMISSIONER ADOPTS PURSUANT TO THOSE SUBSECTIONS
, DO
NOT APPLY TO PESTICIDE PRODUCTS CONTAINING NEONICOTINOID ACTIVE
INGREDIENTS
:
(I) T
HAT ARE USED IN ACADEMIC RESEARCH ; OR
(II) FOR WHICH THE PRODUCT LABEL INCLUDES ONE OR MORE OF THE
FOLLOWING INTENDED USES
:
(A) A
S A PET CARE PRODUCT;
PAGE 2-SENATE BILL 23-266 (B) AS A VETERINARY PRODUCT USED BY A VETERINARIAN LICENSED
PURSUANT TO ARTICLE
315 OF TITLE 12 AS PART OF THE VETERINARIAN'S
LICENSED PRACTICE
;
(C) A
S AN INDOOR PEST CONTROL PRODUCT ;
(D) A
S A PERSONAL CARE PRODUCT USED FOR PREVENTING ,
DESTROYING, REPELLING, OR MITIGATING LICE;
(E) A
S A PRODUCT USED IN STRUCTURAL INSULATION ;
(F) A
S A PRESERVED WOOD PRODUCT OR PRODUCT USED IN THE
MANUFACTURING OF WOOD PRESERVATIVES
;
(G) A
S A BAIT PRODUCT, INCLUDING, BUT NOT LIMITED TO, BAIT
STATION TRAPS AND SCATTER BAIT
; OR
(H) AS AN INSECT STRIP.
SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 3-SENATE BILL 23-266 (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 23-266