(1) Unless otherwise
authorized by law, it is unlawful and a violation of this article for any person:
(a) To perform any of the acts for which licensure as a commercial
applicator, qualified supervisor, certified operator, or private applicator is required
without possessing a valid license to do so;
(b) To hold oneself out as being so qualified to perform any of the acts for
which licensure as a commercial applicator, qualified supervisor, or certified
operator is required without possessing a valid license to perform such acts;
(c) To solicit, advertise, or offer to perform any of the acts for which
licensure as a commercial applicator, qualified supervisor, or certified operator is
required without possessing a valid license to perform such acts; to act as an agent
for any principal to solicit from any person the purchase of pesticide application or
pest control services from the principal when the principal does not possess a valid
license to perform the services being offered; or to enter into a contract to perform
such services;
(d) To refuse to comply with a cease-and-desist order issued pursuant to
section 35-10-120;
(e) To refuse or fail to comply with the provisions of this article;
(f) (I) To make false, misleading, deceptive, or fraudulent representations.
(II) No claims of absolute safety shall be made for any product regulated by
this article.
(g) To impersonate any state, county, city and county, or municipal official or
inspector;
(h) To refuse or fail to comply with any rules or regulations adopted by the
commissioner pursuant to this article or to any lawful order issued by the
commissioner;
(i) To use, store, or dispose of pesticides, pesticide containers, rinsates, or
other related materials, or to supervise or recommend such acts, in a manner
inconsistent with labeling directions or requirements, unless otherwise provided for
by law, or in an unsafe, negligent, or fraudulent manner; or
(j) To refuse or fail to comply with any requirements of the federal worker
protection standards set forth in 40 CFR 170.
(2) It is unlawful and a violation of this article for any person acting as a
commercial, registered limited commercial, or registered public applicator, or as a
qualified supervisor or certified operator:
(a) To use, store, or dispose of pesticides, pesticide containers, rinsates, or
other related materials, or to supervise or recommend such acts, in a manner
inconsistent with labeling directions or requirements, unless otherwise provided for
by law, or in an unsafe, negligent, or fraudulent manner;
(b) To use or recommend the use of any pesticide not registered with the
department pursuant to article 9 of this title or to use or recommend the use of a
pesticide in any manner inconsistent with the restrictions of the commissioner or
the administrator;
(b.5) To use or recommend the use of any device that requires licensure for
use in any manner inconsistent with the restrictions of the commissioner or the
administrator;
(c) To use any device that requires licensure for use or any pesticide, or to
direct or recommend such use, without providing appropriate supervision, including,
but not limited to, the application of any pesticide without providing the supervision
of a qualified supervisor licensed in that class or subclass of pesticide application;
(d) To maintain or supervise the maintenance of any device that requires
licensure for use or pesticide application equipment, including, but not limited to,
loading pumps, hoses, or metering devices, in an unsafe or negligent manner;
(e) To fail to provide the notification required pursuant to section 35-10-112
(1)(c);
(f) To make false or misleading representations or statements of fact in any
application, record, or report required by this article or any rules or regulations
adopted pursuant thereto;
(g) To fail to maintain or submit any records or reports required by this
article or any rules or regulations adopted pursuant thereto.
(3) It is a violation of this article 10 for a commercial applicator, qualified
supervisor, or certified operator:
(a) To permit the use of the commercial applicator's, qualified supervisor's,
or certified operator's license by any other person;
(b) To use or supervise or recommend the use of any device that requires
licensure for use, or any pesticide, which, including but not limited to generally
accepted standards of practice, would be ineffective or inappropriate for the pest
problem being treated;
(c) (I) To use any device that requires licensure for use or apply any pesticide
or to recommend or supervise such acts in any manner that fails to meet generally
accepted standards for such use or application except as provided by
subparagraph (II) of this paragraph (c).
(II) If a commercial applicator receives instructions from a party contracting
for the applicator's services and the commercial applicator knows or should know
that using the device or applying the pesticide in the manner specified by the
contracting party may not or does not meet generally accepted standards for such
use or application, the commercial applicator shall so inform the contracting party.
If the contracting party, after being so advised, continues to require the commercial
applicator to perform the application or use the device according to these
instructions, the commercial applicator may follow these instructions for the
application or use unless the application or use would violate any of the directions
contained on the pesticide or the device or the labeling of either or would violate
any provision of this article 10 or article 9 of this title 35 or any rule adopted
pursuant to this article 10 or article 9 of this title 35. If the commercial applicator
complies with these requirements, the party contracting for the application of any
pesticide or use of any device has no cause of action for damages against the
commercial applicator if the application or use causes death or injury to the
contracting party or the contracting party's property or is unsatisfactory in its
result, unless the contracting party establishes, by a preponderance of the
evidence, that such death, injury, or unsatisfactory result resulted from negligence
or an intentional act not encompassed within or necessitated by the instructions
provided by the contracting party.
(4) It is unlawful and a violation of this article for any commercial applicator:
(a) To operate any device that requires licensure for use, or to apply any
pesticide, if the insurance required by section 35-10-106 (1)(a) is not in full force and
effect at the time of such use or application, or if it does not have on file with the
department, in the form and manner designated by the commissioner, verification
that said insurance is in full force and effect;
(b) To fail to provide any customer with any information required to be so
provided by this article or by any rules and regulations adopted pursuant thereto.
(5) It is a violation of this article 10 for any employee or official of the
department to disclose or use for the employee's or official's own advantage any
information derived from any applications, reports, or records, including medical
records, submitted to the department pursuant to this article 10 or to reveal such
information to anyone except authorized persons, who may include officials or
employees of the state, the federal government, the courts of this or other states,
and physicians.
(6) The failure by any person to comply with the provisions of subsection
(1)(a), (1)(b), (1)(c), (1)(f), or (4)(b) of this section is a deceptive trade practice and is
subject to the protections of the Colorado Consumer Protection Act, article 1 of
title 6, C.R.S.