THESE RULES ARE PROPOSED FOR ADOPTION BY THE COMMISSIONER OF THE COLORADO DEPARTMENT OF AGRICULTURE PURSUANT TO HIS AUTHORITY UNDER SECTION 24-20- 1 12(1) C.R.S., AND EXECUTIVE ORDER 2013-007. PART 1: EXPLANATION OF PURPOSE AND SCOPE OF RULES 1.01: EXECUTIVE ORDER 2013-007 DIRECTED THE COLORADO ARTME OF AGRICULTURE To DEVELOP A LIST OF SUBSTANCES THAT MAY NOT BE USED IN THE CULTIVATION AND PROCESSING OF MARIJUANA. THESE RULES ONLY ADDRES SUBSTANCES USED IN THE CULTIVATION OF MARIJUANA, NOT PROCESSING. PART 2: DEFINITION AND CONSTRUCTION OF TERMS 2.01: AS USED IN THESE RULES, UNLESS THE CONTE 0TH WISE REQUIRES: a) FOR THE PURPOSES OF THE LES MEANS THE CONSUMPTION 0F MARIJUANA BY A PERSON THROUGH ORAL INGESTION, ABSORPTION THROUGH THE SKIN 0R INHA ION OF MARIJUANA THROUGH SMOKING, VAPORIZATION OR OTHER MEANS. b) As DEFINED 1N SECTION (9), C.R.S., OF THE PESTICIDE ACT, MEANS ANY T, RODENT, EMATODE, FUNGUS, WEED, OR OTHER FORM OF TERRESTRIAL AQUA PLANT OR NIMAL LIFE OR VIRUS, BACTERIA, OR OTHER MICROORGANI (EXCEP VIRUSES, BACTERIA, OR OTHER MICROORGANISMS ON OR IN ACT, ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED G, REPELLING, OR MITIGATING ANY PEST OR ANY d) REG AS DEFINED IN SECTION 35-10-1030 1), C.R.S., OF THE PESTICIDE APPLICATORS ACT, MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED, THROUGH PHYSIOLOGICAL ACTION, FOR ACCELERATING 0R THE RATE OF GROWTH 0R RATE OF MATURATION OR FOR OTHERWISE ALTERING THE BEHAVIOR OF PLANTS OR THE PRODUCE EXCEPT THAT SHALL-NOT INCLUDE SUBSTANCES TO THE EXTENT THAT THEY ARE INTENDED AS PLANT NUTRIENTS, TRACE ELEMENTS, NUTRITIONAL CHEMICALS, PLANT INOCULANTS, AND SOIL AMENDMENTS. ALSO, SHALL NOT BE REQUIRED TO INCLUDE ANY OF THOSE NUTRIENT MIXTURES OR SOIL AMENDMENTS WHICH ARE COMMONLY KNOWN AS VITAMIN-HORMONE HORTICULTURAL PRODUCTS, INTENDED FOR IMPROVEMENT, MAINTENANCE, SURVIVAL, HEALTH, AND PROPAGATION OF PLANTS, WHICH ARE NOT FOR PEST DESTRUCTION AND WHICH ARE NONTOXIC AND NONPOISONOUS IN THE UNDILUTED PACKAGED CONCENTRATION. e) MEANS MARIJUANA CULTIVATED UNDER A LICENSE ISSUED BY THE COLORADO DEPARTMENT OF REVENUE, PURSUANT To TITLE 12, ARTICLE 43.4, C.R.S. I) MEANS A LEVEL OF PESTICIDE RES UE 0N FOOD THAT THE ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED WITH REASONABLE CERTAINTY WILL NOT POSE A HAZARD To PUBL HEALTH WHEN USED IN ACCORDANCE WITH LABEL DIRECTIONS. g) AS DEFINED IN SECTION 35-10-103(18 ME THE PESTICIDE ACT, MEANS ALL ASPECTS OF THE HANDLING OF PES DES, INCLUDING BUT NOT LIMITED TO THE MIXING, LOADING, APPLICATION 0 ADMINISTRATION, SPILL CONTROL, AND DISPOSAL OF A PESTICIDE OR ITS CM PART 3: USE OF PESTICIDES 3.01: 3.02: 3.03: BOTH STATE AND FEDERAL LAWS RE IRE AT PEST IDES BE APPLIED ACCORDING TO LABEL DIRECTIONS. As PART OF THE RECTI Ns F0 SE, LABELS FOR PESTICIDES INTENDED FOR USE ON PLANTS SPECIFY CR PS SITES TO WHICH THEY CAN BE APPLIED. IN ADDITION, EPA SETS TOLERANC HAT LIMIT PESTICIDE RESIDUES IN OR ON FOOD To ENSURE WITH A REASONABLE CERTAINT AT NO HARM WILL RESULT FROM AGGREGATE EXPOSURES. CERTAIN PESTICIDES H0 ER, MAY BE EXEMPTED FROM THIS TOLERANCE REQUIREMENT IF EPA HAS ED THAT USE IN ACCORDANCE WITH THEIR LABEL DIRECTIONS POSES NO HAZARD To LIC HEALTH. AS OF THE EFFECTIVE DATE OF THESE RULES, THERE N0 ESTICIDES THAT ARE SPECIFICALLY LABELED OR HAVE PESTICIDE RESIDUE TOLERANCE ESTABLISHED FOR USE ON MARIJUANA BY THE FEDERAL GOVERN NT OR THE STATE OF LORADO. THE COLORADO DEPARTMENT OF 5 NOT RECOMM ND THE USE OF ANY PESTICIDE NOT SPECIFICALLY AND A NED A TOLERANCE FOR USE ON MARIJUANA BECAUSE THE HEALTH EFFECTS ON CONSU UNKNOWN. - NOTWITHSTANDING THE ABSENCE OF ANY PESTIC Es SPECIFICALLY LABELED FOR USE ON MARIJUANA, SOME PESTICIDES HAVE BROAD LABEL LANGUAGE THAT DOES NOT PROHIBIT THEIR USE ON MARIJUANA AND ARE EXEMPT FROM THE TOLERANCE REQUIREMENTS. THESE RULES ESTABLISH THE CRITERIA UNDER WHICH CERTAIN PESTICIDES MAY BE LEGALLY USED ON RETAIL MARIJUANA IN THE STATE OF COLORADO. To ASSIST RETAIL MARIJUANA GROWERS, THE DEPARTMENT WILL PUBLISH A LIST OF PESTICIDES THAT IT HAS DETERMINED MEET THESE CRITERIA. ANY PESTICIDE USED IN THE CULTIVATION 0F RETAIL MARIJUANA MUST BE REGISTERED - WITH THE COLORADO DEPARTMENT OF AGRICULTURE. 3.04: ANY PESTICIDE REGISTERED WITH THE COLORADO DEPARTMENT OF AGRICULTURE MAY BE USED IN ACCORDANCE WITH ITS LABEL OR LABELING DIRECTIONSFOR THE CULTIVATION OF RETAIL MARIJUANA IN THE STATE OF COLORADO UNDER THE LLOWING CONDITIONS: 3) FOR PRODUCTS REGISTERED BY THE ENVIRONMENTAL OTECTION AGENCY UNDER SECTION 3 OF THE FEDERAL INSECTICIDE, FUNGICID RODENTICIDE ACT: 1) ALL ACTIVE AND INERT OF TH EST DE PRODUCT ARE EXEMPT FROM THE REQUIREMENTS OF A TOLERANC AS ESTABL ED UNDER 40 CPR. PART 180, SUBPARTS AND E, . 2) THE PESTICIDE PRODUCT LABEL ALLOWS SE ON THE INTENDED SITE OF APPLICATION. THE TERM FOR PU POSES OF THIS RULE INCLUDES ANY LOCATION OR CROP THE APPLICATION BEING ADE TO, 3) THE PESTICIDE PRODUCT LABEL EXP ESSLY LOWS USE ON CROPS OR PLANTS INTENDED FOR HUMAN CONSUMPTI N. 4) THE ACTIVE OF THE PESTI TOBACCO. 5) NOTWITHSTANDING PARAGRAPH 3, THE COMMISSIONER HAS THE AUTHORITY TO PERMIT THE USE OF A PESTI PRODUCT ARE ALLOWED FOR USE ON b) FOR 25(3) MINI ALLOWS USE ON CRO OR PLA TS INTENDED FOR HUMAN CONSUMPTION. c) FOR PESTICIDE PRODUCTS WI OLORADO SPECIAL LOCAL NEED REGISTRATION, ALLOWED UNQER SECTION 24( OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODEFIICIDE . THE CWECIAL LOCAL NEED LABEL ALLOWS USE ON RETAIL MARIJUANA. d) THE COMMISSIONER MA THE USE OF ANY PESTICIDE PRODUCT FOR THE CULTIVATION OF RETAIL MA I ANA IF HE DETERMINES THAT SUCH USE POSES A SIGNIFICANT THREAT TO HEALTH AND SAFETY OR THE ENVIRONMENT. PART 4: USE OF FERTILIZERS 4.01 THE STATE FERTILIZER LAW DOES NOT SET FORTH ANY REQUIREMENTS REGARDING THE APPLICATION OR USE OF FERTILIZERS, PLANT AMENDMENTS OR SOIL CONDITIONERS FOR ANY PLANTS, INCLUDING MARIJUANA. PART 17. THE USE OF PESTICIDES IN THE PRODUCTION OF CANNABIS 17.01: 17.02: DEFINITION AND CONSTRUCTION OF TERMS FOR PURPOSES OF THIS PART 17, As USED IN THESE RULES, UNLESS THE CONTEXT OTHERWISE REQUIRES: a) MEANS A PLANT OF THE GENUS CANNABIS AND ANY PART OF THE PLANT. b) FOR THE PURPOSES OF THESE RULES MEANS THE CONSUMPTION OF CANNABIS BY A PERSON THROUG - THROUGH THE SKIN OR INHALATION THROUGH MEANS. MEANS A LEVEL OF PESTI ., - I ON FOOD THAT THE ENVIRONMENTAL PROTECTION AGEN DETERMIN CERTAINTY WILL NOT POSE A Ti? PUBLIC HEALTH WITH LABEL DIRECTIONS. CERTAIN PESTICIDES MAY TO ASSIST CANNABIS . - IIUANA BY THE FEDERAL 0 DEPARTMENT OF COLORADO DEPARTMENT OF AGRICULTURE MAY BE 5.. ITS LABEL OR LABELING DIRECTIONS FOR THE CULTIVATION OF COLORADO UNDER THE FOLLOWING CONDITIONS: EDERAL INSECTICIDE, FUNGICIDE, RODENTICIDE ACT: 1) ALL ACTIVE AND INERT OF THE PESTICIDE PRODUCT ARE EXEMPT FROM THE REQUIREMENTS OF A TOLERANCE, AS ESTABLISHED UNDER 40 CPR. PART 180, SUBPARTS AND E, THE PESTICIDE PRODUCT LABEL ALLOWS USE ON THE INTENDED SITE OF APPLICATION. THE TERM FOR PURPOSES OF THIS RULE INCLUDES ANY LOCATION 0R CROP THE APPLICATION IS BEING MADE TO, THE PESTICIDE PRODUCT LABEL EXPRESSLY ALLOWS USE ON CROPS 0R PLANTS INTENDED FOR HUMAN CONSUMPTION. 2) 3) b) 4) THE ACTIVE OF THE PESTICIDE PRODUCT ARE ALLOWED FOR USE ON TOBACCO. 5) NOTWITHSTANDING PARAGRAPH 3, THE COMMISSIONER HAS THE AUTHORITY TO PERMIT THE USE OF A PESTICIDE PRODUCT, THAT DOES NOT EXPRESSLY ALLOW USE ON CROPS INTENDED FOR HUMAN CONSUMPTION IF: i. THE ACTIVE AND INERT INGREDIENTS ARE EXEMPT UNDER 40 C.F.R. PART 180, SUBPARTS AND E, ii. THE PESTICIDE PRODUCT LABEL ALLOWS USE ON THE INTENDED SITE OF APPLICATION. 6) THE PESTICIDE PRODUCT LABEL SPECIFICALLY - WS USE ON CANNABIS. FOR 25(3) MINIMUM RISK PESTICIDE PRODUCT. I a .3 FINED IN 40 CFR THE PESTICIDE PRODUCT LABEL ALLOWS USE ON - .3. ED SITE OF APPLICATION AND FOR PESTICIDE PRODUCTS WITH A .. ALLOWED UNDER SECTION 24(c) RODENTICIDE THE COLORADO - CANNABIS.