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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0138.02 Jennifer Berman x3286 SENATE BILL 26-065
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
CONCERNING LIMITATIONS ON THE USE OF CERTAIN INSECTICIDES IN101
THE STATE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
On and after January 1, 2029, the bill prohibits a person from
selling, offering for sale, or otherwise distributing in the state field crop
seeds coated or treated with systemic insecticide (coated or treated seeds),
which is an insecticide designed to be absorbed by plants, unless the
buyer presents at the point of sale a certificate authorizing the purchase
of such seeds from a seed dealer and the use of such seeds on agricultural
SENATE SPONSORSHIP
Wallace and Kipp,
HOUSE SPONSORSHIP
Velasco and Brown,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
property.
A person may apply to the commissioner of agriculture
(commissioner) for approval to serve as a third-party verifier (approved
third-party verifier) to determine whether a specified use of coated or
treated seeds is necessary and appropriate. On and after January 1, 2029,
a person that seeks to apply such coated or treated seeds on agricultural
property must work with an approved third-party verifier to determine if
such use is necessary and appropriate.
The approved third-party verifier shall conduct a pest risk
assessment and prepare a report on the assessment. If the approved
third-party verifier determines that the use of coated or treated seeds is
necessary and appropriate on the agricultural property, they may issue a
certificate authorizing the use of coated or treated seeds on the
agricultural property for a period up to one year.
The commissioner shall adopt rules to implement a program
ensuring that coated or treated seeds are used on agricultural property
only when needed and expected to be effective and may enforce against
an approved third-party verifier's or seed dealer's noncompliance with the
requirements of the bill, including by suspending or revoking approval of
the third-party verifier or the seed dealer's license or by assessing a fine
in an amount not to exceed $50,000 per violation. Approved third-party
verifiers and seed dealers must annually report to the commissioner, and
the commissioner must include a summary of the reports and the
implementation of the bill in the commissioner's annual "State
Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act" presentation to the general assembly.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Strengthening Economic and Environmental Decisions (SEED) Act".3
SECTION 2. In Colorado Revised Statutes, 35-9-103, amend (3)4
and (9.5); and add (4.5), (7.5), (8.2), and (13) as follows:5
35-9-103. Definitions.6
As used in this article 9, unless the context otherwise requires:7
(3) "Commissioner" means the commissioner of agriculture OR,8
AS APPROPRIATE, THE COMMISSIONER'S DESIGNEE.9
(4.5) "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE.10
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(7.5) "FIELD CROP SEED" MEANS ONE OF THE FOLLOWING TYPES OF1
SEEDS:2
(a) ALFALFA;3
(b) BARLEY;4
(c) CANOLA;5
(d) CORN;6
(e) MILLET;7
(f) OAT;8
(g) RYE;9
(h) SAFFLOWER;10
(i) SORGHUM;11
(j) SOYBEAN;12
(k) SUNFLOWER; OR13
(l) WHEAT.14
(8.2) "I NSECTICIDE" MEANS A PESTICIDE OR PESTICIDE -ACTIVE15
INGREDIENT THAT IS DESIGNED OR INTENDED TO PREVENT , DESTROY ,16
REPEL, OR MITIGATE AN INSECT PEST.17
(9.5) "Neonicotinoid pesticide" means any pesticide containing a18
chemical belonging to the neonicotinoid class of chemicals, including:19
(a) Acetamiprid;20
(b) Clothianidin;21
(c) Dinotefuran;22
(d) FLUPYRADIFURONE;23
(d) (e) Imidacloprid;24
(e) (f) Nitenpyram;25
(f) (g) Nithiazine;26
(h) SULFOXAFLOR;27
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(g) (i) Thiacloprid; or1
(h) (j) Thiamethoxam.2
(13) (a) "S YSTEMIC INSECTICIDE " MEANS AN INSECTICIDE3
CONTAINING A CHEMICAL DESIGNED TO BE ABSORBED BY PLANTS AND4
TRANSLOCATED THROUGH PLANT TISSUE.5
(b) "SYSTEMIC INSECTICIDE" INCLUDES:6
(I) ACETAMIPRID;7
(II) CHLORANTRANILIPROLE;8
(III) CLOTHIANIDIN;9
(IV) CYANTRANILIPROLE;10
(V) DINOTEFURAN;11
(VI) FIPRONIL;12
(VII) FLUPYRADIFURONE;13
(VIII) IMIDACLOPRID;14
(IX) NITENPYRAM;15
(X) SULFOXAFLOR;16
(XI) TETRANILIPROLE;17
(XII) THIACLOPRID; AND18
(XIII) THIAMETHOXAM.19
SECTION 3. In Colorado Revised Statutes, 35-9-120, add (4) as20
follows:21
35-9-120. Prohibited acts - deceptive trade practice -22
certification to use systemic insecticides on field crops - definitions -23
rules - reports.24
(4) (a) (I) ON AND AFTER JANUARY 1, 2029, A PERSON SHALL NOT25
SELL, OFFER FOR SALE , OR OTHERWISE DISTRIBUTE FIELD CROP SEEDS26
COATED OR TREATED WITH A SYSTEMIC INSECTICIDE UNLESS THE BUYER27
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PRESENTS AT THE POINT OF SALE A CERTIFICATE DEMONSTRATING A NEED1
TO USE FIELD CROP SEEDS COATED OR TREATED WITH A SYSTEMIC2
INSECTICIDE, WHICH CERTIFICATE HAS BEEN PROVIDED BY A THIRD-PARTY3
VERIFIER APPROVED BY THE COMMISSIONER PURSUANT TO SUBSECTION4
(4)(b) OF THIS SECTION.5
(II) THE PROHIBITION SET FORTH IN SUBSECTION (4)(a)(I) OF THIS6
SECTION APPLIES TO IN -PERSON SALES , PHONE SALES , CATALOG SALES ,7
AND INTERNET SALES TO BUYERS IN THE STATE . WITH RESPECT TO8
INTERNET SALES , THE POINT OF SALE OCCURS AFTER THE BUYER HAS9
SELECTED ITEMS FOR SALE BUT BEFORE PAYING FOR THE ITEMS.10
(b) (I) A PERSON MAY APPLY TO THE COMMISSIONER FOR, AND THE11
COMMISSIONER MAY GRANT, APPROVAL AUTHORIZING THE PERSON AS A12
THIRD-PARTY VERIFIER REGARDING THE USE OF FIELD CROP SEEDS COATED13
OR TREATED WITH A SYSTEMIC INSECTICIDE AS NECESSARY AND14
APPROPRIATE. THE COMMISSIONER SHALL ADOPT RULES TO ESTABLISH:15
(A) Q UALIFICATIONS TO ENSURE THAT EACH THIRD -PARTY16
VERIFIER IS SUFFICIENTLY COMPETENT AND PROFESSIONALLY QUALIFIED17
TO ENSURE COMPLIANCE WITH THIS SUBSECTION (4);18
(B) T HIRD-PARTY VERIFICATION APPLICATION REQUIREMENTS ,19
INCLUDING A REQUIREMENT THAT AN APPLICANT DECLARE IN THEIR20
APPLICATION WHETHER THEY HAVE ANY DIRECT FINANCIAL CONFLICTS OF21
INTEREST WITH SERVING AS A THIRD-PARTY VERIFIER; AND22
(C) A THIRD-PARTY VERIFICATION FEE SET IN AN AMOUNT NOT TO23
EXCEED THE COMMISSIONER 'S DIRECT AND INDIRECT ADMINISTRATIVE24
COSTS FOR IMPLEMENTING AND ENFORCING THIRD-PARTY VERIFICATIONS.25
(II) (A) O N AND AFTER JANUARY 1, 2029, A PERSON SHALL NOT26
USE FIELD CROP SEEDS COATED OR TREATED WITH A SYSTEMIC27
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INSECTICIDE ON AGRICULTURAL PROPERTY IN THE STATE UNLESS THE1
PERSON HAS BEEN ISSUED A CERTIFICATE FOR SUCH USE OF FIELD CROP2
SEEDS. A PERSON THAT SEEKS TO USE FIELD CROP SEEDS COATED OR3
TREATED WITH A SYSTEMIC INSECTICIDE ON AGRICULTURAL PROPERTY IN4
THE STATE SHALL FIRST WORK WITH A THIRD -PARTY VERIFIER WHO HAS5
BEEN APPROVED BY THE COMMISSIONER PURSUANT TO SUBSECTION6
(4)(b)(I) OF THIS SECTION TO DETERMINE WHETHER THERE IS A NEED FOR7
SYSTEMIC INSECTICIDE USE AS A FIELD CROP SEED COATING OR8
TREATMENT BASED ON THE SPECIFIC CONDITIONS OF THE AGRICULTURAL9
PROPERTY.10
(B) THE APPROVED THIRD -PARTY VERIFIER SHALL COMPLETE A11
PEST RISK ASSESSMENT OF THE AGR ICULTURAL PROPERTY AND PREPARE12
A REPORT SUMMARIZING THE ASSESSMENT.13
(c) (I) (A) IF AN APPROVED THIRD -PARTY VERIFIER DETERMINES14
PURSUANT TO SUBSECTION (4)(b)(II) OF THIS SECTION THAT THE USE OF A15
SYSTEMIC INSECTICIDE AS A FIELD CROP SEED COATING OR TREATMENT IS16
NECESSARY AND APPROPRIATE ON AN AGRICULTURAL PROPERTY , THE17
APPROVED THIRD-PARTY VERIFIER MAY ISSUE A CERTIFICATE VERIFYING18
THAT THE USE OF FIELD CROP SEEDS COATED OR TREATED WITH A19
SYSTEMIC INSECTICIDE ON THE AGRICULTURAL PROPERTY IS NECESSARY20
AND APPROPRIATE.21
(B) T HE APPROVED THIRD -PARTY VERIFIER SHALL NOT ISSUE A22
CERTIFICATE AUTHORIZING THE USE OF FIELD CROP SEEDS COATED OR23
TREATED WITH A SYSTEMIC INSECTICIDE UNLESS THE VERIFIER24
DETERMINES THAT SUCH USE IS NECESSARY AND APPROPRIATE TO25
ADDRESS A DEMONSTRABLE PEST ISSUE.26
(C) T HE CERTIFICATE ISSUED BY THE APPROVED THIRD -PARTY27
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VERIFIER MUST USE A STANDARDIZED FORM THAT IS DEVELOPED BY THE1
COMMISSIONER AND MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE.2
(II) A CERTIFICATE AUTHORIZING THE USE OF FIELD CROP SEEDS3
COATED OR TREATED WITH A SYSTEMIC INSECTICIDE ON AGRICULTURAL4
PROPERTY IS VALID FOR UP TO ONE YEAR . A PERSON MAY PRESENT THE5
CERTIFICATE TO A SEED DEALER FOR THE PURCHASE OF THE COATED OR6
TREATED FIELD CROP SEEDS WITHIN THAT ONE -YEAR PERIOD . THE7
PURCHASER AND THE SEED DEALER SHALL EACH MAINTAIN A COPY OF THE8
CERTIFICATE FOR FIVE YEARS FOLLOWING THE PURCHASE OF THE COATED9
OR TREATED FIELD CROP SEEDS . AT ANY TIME WITHIN THE FIVE YEARS10
FOLLOWING THE PURCHASE , THE PURCHASER OR SEED DEALER SHALL11
FURNISH THE COMMISSIONER WITH A COPY OF THE CERTIFICATE UPON12
REQUEST BY THE COMMISSIONER.13
(d) A CERTIFICATE AUTHORIZING THE USE OF FIELD CROP SEEDS14
COATED OR TREATED WITH A SYSTEMIC INSECTICIDE PURSUANT TO THIS15
SUBSECTION (4) MUST INCLUDE INFORMATION:16
(I) SPECIFYING THE AGRICULTURAL PROPERTY ON WHICH THE USE17
IS AUTHORIZED;18
(II) INDICATING THE REASONS WHY THE USE OF FIELD CROP SEEDS19
COATED OR TREATED WITH A SYSTEMIC INSECTICIDE IS NEEDED ON THE20
AGRICULTURAL PROPERTY AND WHY SUCH USE IS EXPECTED TO BE21
EFFECTIVE;22
(III) I NDICATING THE PERIOD , NOT TO EXCEED ONE YEAR , FOR23
WHICH THE USE IS AUTHORIZED; AND24
(IV) DETAILING ANY CONDITIONS OR RESTRICTIONS REGARDING25
THE APPROVED USE , INCLUDING ANY RESTRICTIONS ON THE USE ,26
HANDLING, AND DISPOSAL OF THE FIELD CROP SEEDS COATED OR TREATED27
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WITH A SYSTEMIC INSECTICIDE AS A MEANS TO MINIMIZE HARM TO1
POLLINATOR POPULATIONS , BIRD POPULATIONS , OTHER ANIMALS ,2
ECOSYSTEMS, OR PUBLIC HEALTH.3
(e) AFTER USE OF FIELD CROP SEEDS COATED OR TREATED WITH A4
SYSTEMIC INSECTICIDE ON AN AGRICULTURAL PROPERTY PURSUANT TO5
THIS SUBSECTION (4), FOR THE PURPOSE OF PROVIDING DATA FOR FUTURE6
PEST RISK ASSESSMENTS ON THE AGRICULTURAL PROPERTY , IN-SEASON7
INSECT SCOUTING OF THE PROPERTY SHALL BE PERFORMED AND PLANT8
EMERGENCE RATES FOR ALL LOCATIONS WHERE FIELD CROP SEEDS COATED9
OR TREATED WITH A SYSTEMIC INSECTICIDE WERE PLANTED SHALL BE10
RECORDED.11
(f) ON OR BEFORE JANUARY 1, 2030, AND ON OR BEFORE JANUARY12
1 EACH YEAR THEREAFTER, EACH APPROVED THIRD-PARTY VERIFIER SHALL13
SUBMIT TO THE COMMISSIONER COPIES OF THE CERTIFICATES THE14
APPROVED THIRD -PARTY VERIFIER ISSUED IN THE PREVIOUS TWELVE15
MONTHS, AND EACH SEED DEALER THAT SOLD FIELD CROP SEEDS COATED16
OR TREATED WITH A SYSTEMIC INSECTICIDE IN THE STATE AT LEAST ONCE17
IN THE PREVIOUS TWELVE MONTHS SHALL SUBMIT TO THE COMMISSIONER18
COPIES OF THE CERTIFICATES RECEIVED IN THE PREVIOUS TWELVE19
MONTHS.20
(g) THE COMMISSIONER MAY ENFORCE THIS SUBSECTION (4) BY:21
(I) E NTERING AND INSPECTING A SEED DEALER 'S BUSINESS22
PROPERTY:23
(A) I F THE COMMISSIONER REQUESTS ACCESS TO THE BUSINESS24
PROPERTY DURING REGULAR BUSINESS HOURS; AND25
(B) IN ORDER FOR THE COMMISSIONER TO INSPECT ANY BUILDING,26
EQUIPMENT, VEHICLE , OR RECORDS ON THE BUSINESS PROPERTY27
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PERTINENT TO THE INSPECTION;1
(II) SUSPENDING OR REVOKING A SEED DEALER'S LICENSE OR THE2
COMMISSIONER'S APPROVAL OF A THIRD -PARTY VERIFIER IF , AFTER A3
HEARING HELD ON THE MATTER , THE COMMISSIONER DETERMINES THAT4
THE SEED DEALER OR THIRD-PARTY VERIFIER:5
(A) F AILED TO ADHERE TO THE REQUIREMENTS OF THIS6
SUBSECTION (4) OR THE COMMISSIONER 'S RULES IMPLEMENTING THIS7
SUBSECTION (4); OR8
(B) COMMITTED FRAUD; OR9
(III) A SSESSING AGAINST A PERSON THAT KNOWINGLY OR10
INTENTIONALLY VIOLATES THIS SUBSECTION (4) A FINE IN AN AMOUNT NOT11
TO EXCEED FIFTY THOUSAND DOLLARS PER VIOLATION . THE STATE12
TREASURER SHALL CREDIT FINES COLLECTED PURSUANT TO THIS13
SUBSECTION (4)(g)(III) TO THE PLANT HEALTH , PEST CONTROL , AND14
ENVIRONMENTAL PROTECTION CASH FUND CREATED IN SECTION15
35-1-106.3 (1).16
(h) COMMENCING IN 2030, THE DEPARTMENT SHALL INCLUDE IN17
ITS ANNUAL "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE,18
AND TRANSPARENT (SMART) GOVERNMENT ACT" PRESENTATION MADE19
PURSUANT TO SECTION 2-7-203 AN ANONYMIZED SUMMARY OF:20
(I) T HE CERTIFICATES SUBMITTED TO THE COMMISSIONER21
PURSUANT TO SUBSECTION (4)(f) OF THIS SECTION; AND22
(II) THE DEPARTMENT'S IMPLEMENTATION OF THIS SUBSECTION (4),23
INCLUDING ANY INSPECTIONS PERFORMED OR SUSPENSIONS, REVOCATIONS,24
OR FINES ISSUED PURSUANT TO SUBSECTION (4)(g) OF THIS SECTION.25
(i) ON OR BEFORE JANUARY 1, 2028, THE COMMISSIONER SHALL26
ADOPT RULES AS NECESSARY TO IMPLEMENT THIS SUBSECTION (4),27
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INCLUDING RULES:1
(I) C REATING A PROGRAM TO ENSURE THAT FIELD CROP SEEDS2
COATED OR TREATED WITH A SYSTEMIC INSECTICIDE ARE USED ON3
AGRICULTURAL PROPERTY ONLY WHEN NEEDED AND EXPECTED TO BE4
EFFECTIVE;5
(II) REQUIRING RECORD-KEEPING AND REPORTING REQUIREMENTS6
REGARDING THE USE , HANDLING , AND DISPOSAL OF FIELD CROP SEEDS7
COATED OR TREATED WITH A SYSTEMIC INSECTICIDE; AND8
(III) AUTHORIZING THE DEPARTMENT TO GRANT AN EMERGENCY9
EXCEPTION FOR THE SALE OF FIELD CROP SEEDS COATED OR TREATED WITH10
A SYSTEMIC INSECTICIDE IN THE STATE IF THERE IS AN INSUFFICIENT11
AMOUNT OF COMMERCIALLY AVAILABLE SEEDS THAT HAVE NOT BEEN12
COATED OR TREATED WITH A SYSTEMIC INSECTICIDE.13
SECTION 4. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions.18
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