Colorado § 35-9-103 Definitions

Colorado Statutes

§ 35-9-103 — Definitions

Colorado § 35-9-103

Title 35Agriculture

Art.Pesticide Act

This text of Colorado § 35-9-103 (Definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 35-9-103 (2026).

Text

As used in this article 9, unless the context otherwise requires:

(1)Active ingredient means:

(a)In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

(b)In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;

(c)In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and

(d)In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(2)Adulterated refers to:

(a)Any pesticide whose strength or purity de

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As used in this article 9, unless the context otherwise
requires:

(1) Active ingredient means:

(a) In the case of a pesticide other than a plant regulator, defoliant, or
desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

(b) In the case of a plant regulator, an ingredient which, through
physiological action, will accelerate or retard the rate of growth or rate of
maturation or otherwise alter the behavior of ornamental or crop plants or the
product thereof;

(c) In the case of a defoliant, an ingredient which will cause the leaves or
foliage to drop from a plant; and

(d) In the case of a desiccant, an ingredient which will artificially accelerate
the drying of plant tissue.

(2) Adulterated refers to:

(a) Any pesticide whose strength or purity deviates from the professed
strength or purity stated on its labeling or under which it is sold; or

(b) Any pesticide whose components or their relative proportions differ from
those stated on its labeling; or

(c) Any substance which has been substituted wholly or in part for a
pesticide; or

(d) Any pesticide from which any valuable constituent has been wholly or
partly abstracted; or

(e) Any pesticide in which any contaminant is present in an amount which is
determined by the commissioner to be a hazard.

(3) Commissioner means the commissioner of agriculture.

(4) Dealer means any person who distributes to any other person any
restricted-use pesticide.

(5) Device means any instrument or contrivance, other than a firearm,
intended for trapping, destroying, repelling, or mitigating a pest or any other form
of plant or animal life, other than humans and other than bacteria, viruses, or other
microorganisms on or in living humans or other living animals; except that device
does not include equipment used for the application of pesticides when sold
separately from a device.

(6) Distribute means to advertise, offer for sale, hold for sale, sell, barter,
or supply in any fashion any pesticide in this state.

(7) EPA means the environmental protection agency.

(8) Inert ingredient means an ingredient which is not active.

(9) Limited-use pesticide refers to any pesticide so designated by the
commissioner.

(9.5) Neonicotinoid pesticide means any pesticide containing a chemical
belonging to the neonicotinoid class of chemicals, including:

(a) Acetamiprid;

(b) Clothianidin;

(c) Dinotefuran;

(d) Imidacloprid;

(e) Nitenpyram;

(f) Nithiazine;

(g) Thiacloprid; or

(h) Thiamethoxam.

(10) Pest means any insect, rodent, nematode, fungus, weed, or other form
of terrestrial or aquatic plant or animal life or virus, bacteria, or other
microorganism, except viruses, bacteria, or other microorganisms on or in living
humans or in other living animals, that the commissioner or the administrator of the
EPA declares to be a pest.

(11) Pesticide means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest or any substance or
mixture of substances intended for use as a plant regulator, defoliant, or desiccant;
except that the term pesticide shall not include any article that is a new animal
drug as designated by the United States food and drug administration.

(11.4) Refill means to transfer a pesticide for sale or distribution to a
refillable container without changing the composition, formulation, or EPA
registration number of the pesticide.

(11.5) Refillable container means a container that is intended to be filled
more than once with a pesticide for sale or distribution.

(11.6) Refiller means a person that engages in refilling.

(12) Restricted-use pesticide means any pesticide designated as a
restricted-use pesticide by the commissioner or the administrator of the
environmental protection agency.

Legislative History

Source: L. 90: Entire article R&RE, p. 1559, � 1, effective June 7. L. 2010: (11.4), (11.5), and (11.6) added, (SB 10-034), ch. 376, p. 1766, � 2, effective July 1. L. 2023: IP amended and (9.5) added, (SB 23-266), ch. 210, p. 1092, � 1, effective August 7. L. 2025: (5) and (10) amended, (HB 25-1084), ch. 24, p. 99, � 31, effective August 6.