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DEPARTMENT OF AGRICULTURE
Plant Industry Division
RULES AND REGULATIONS PERTAINING TO THE PROCEDURE FOR ESTABLISHING PEST
CONTROL DISTRICTS AND FOR THE CONTROL OF GRASSHOPPERS, MORMON CRICKETS, OR
RANGE CATERPILLARS
8 CCR 1203-7
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
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Statement of Basis and Purpose
These rules and regulations are amended pursuant to §§ 35-5-103 and 123, C.R.S. (1984).
The purposes of these amended rules are to establish rules and regulations necessary to carry out the
provisions of the Pest Control Districts Act, §§ 35-5-101 through 124, C.R.S. (1984 and 1994 Supp.),
including defining terms utilized in the rules and regulations, establishing provisions pertaining to the
payment of costs by federal funds and landowners and clarifying the payment of costs on state and
federal lands, defining the methods, materials and equipment to be utilized, defining the parameters to be
utilized in determining the acceptable control areas, requiring notification of projects to state and federal
agencies and to beekeepers, establishing beekeepers' responsibilities to protect bees, establishing
parameters pertaining to inclusion of cropland in a control area, establishing provisions pertaining to the
award of contracts, establishing prerequisites to state participation in a control program, and establishing
the procedure for adding land to an existing district. The specific amendments at this time add control of
Mormon crickets and redefine the notices to beekeepers, as well as editing existing language and
reorganizing existing language for clarity.
1.00 DEFINITIONS:
Words used in the singular form shall include the plural, and vice versa, as the context may require. All
terms used in these rules and regulations shall have the meaning set forth in the Pest Control Districts
Act with the following additions:
A. “Apiary” or “Beeyard” means a beehive or beehives in close proximity to one another.
B. “Applicator” means any person licensed under § 35-10-105, C.R.S., as amended, to apply pesticides
for hire.
C. “Commissioner” means the Colorado Commissioner of Agriculture or the Commissioner's designated
agents.
D. “Contractor” means any person who by written agreement performs services or supplies commodities
to the Department for a predetermined fee.
E. “Cooperator” means those parties owning or leasing land within a district, the Commissioner and
APHIS Director.
F. “Cropland” means any area planted with the intent to harvest. Native pastures or meadows which are
occasionally cut or mechanically harvested followed by pasturing of livestock will be counted as
rangeland. Crops planted and then grazed because of drought or insufficient growth will be
considered cropland.
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G. “Department” means the Colorado Department of Agriculture.
H. “Director” means the officer in charge of Colorado for the United States Department of Agriculture,
Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine Programs,
or the director's authorized representative.
I. “District” means the grasshopper, Mormon cricket, or range caterpillar control district as established
under the Pest Control District Act, Article 5 of Title 35, as amended.
J. “Pesticide” means any substance or mixture of substances intended for use as an insecticide,
fungicide, herbicide, nematocide, or any substance or mixture of substances intended for use as
a plant regulator, defoliant, or desiccant.
K. “Project” means an organized cooperative program conducted for grasshopper, Mormon cricket, or
range caterpillar population suppression within established and defined boundaries of a district
involving private landowners, the Commissioner, and the Director.
L. “Rangeland” means land on which the native vegetation (climax or natural potential plant community)
is predominantly grasses, grasslike plants, forbs, or shrubs suitable for grazing or browsing use.
Rangeland includes natural grassland, some deserts, and certain forb and shrub communities,
but shall not include areas so defined as rangeland from which a crop has been mechanically
harvested.
M. “Specimen Contract” means one of the documents which defines the specifications and conditions
under which the contractor is obligated to operate.
N. “Wasteland” means those areas that are unsuitable for rangeland or crop production and may include
land that, although suitable for crop production, is inaccessible to cultivation, irrigation and/or
harvesting. It may also include barren, ruined or ravaged land.
2.00 CERTIFICATION OF FORMATION OF DISTRICT:
The Commissioner shall not commit State funds to any grasshopper, Mormon cricket, or range caterpillar
control program until he has received from the county commissioners the certification of the formation of a
district and the landowners' and/or lessees' share of the control costs.
3.00 PAYMENT OF COSTS:
A. Federal funding amounting to one-third of the control costs may be committed by a supplementary
memorandum of understanding between the Director and the Commissioner for grasshopper and
Mormon cricket control.
B. Costs.
1. The landowner share of the costs of grasshopper, Mormon cricket, or range caterpillar control
on any State lands controlled by the State Board of Land Commissioners shall be borne
by the lessee, and the costs of grasshopper and Mormon cricket control on State lands
under exclusive control of any State agency shall be paid at the rate of one-third Federal
and two-thirds State funds.
2. The entire cost of range caterpillar control on State lands under the exclusive control of any
State agency shall be paid from State funds.
3. The costs of grasshopper, Mormon cricket, or range caterpillar control on lands administered
by a Federal agency will be borne by APHIS.
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C. The Commissioner shall determine what costs shall be charged to the project.
4.00 METHODS, MATERIALS AND EQUIPMENT:
A. The Commissioner in consultation with the Director shall determine the method, materials and
equipment to be used in any grasshopper or Mormon cricket control project. Such determinations
shall be based upon criteria that will provide efficacious and cost efficient programs. The safety of
equipment operators and other project personnel shall be the prime consideration in selecting
materials and equipment.
B. The Commissioner shall not guarantee the success of a control program, only that the best possible
job will be done under the circumstances at the time of the application.
5.00 DETERMINATIONS OF AREA TO BE SPRAYED:
A. The Commissioner in consultation with the Director shall, based upon existing economic threshold
levels and grasshopper or Mormon cricket abundance, estimates and any other factors pertinent
to conducting a satisfactory control program, determine the boundaries of the area within a district
to be sprayed.
Areas acceptable for control shall consist of:
1. Blocks of rangeland of not less than 10,000 acres, or an area that totally encompasses an
infestation;
2. No more than 20 percent total cropland (including fallow land) within the block;
3. Economic infestation (at least eight adults or an equivalent number of immature grasshoppers
or two to three Mormon crickets per square yard) and treatment must be made before the
majority of grasshoppers or Mormon crickets reach maturity and egg laying has begun.
B. The Commissioner shall, based upon existing economic threshold levels and range caterpillar
abundance, estimates and other factors pertinent to conducting a satisfactory control program,
determine the boundaries of the area within the district to be sprayed.
C. The Commissioner shall refuse to apply control measures for grasshoppers, Mormon crickets, or
range caterpillars on any area that does not contain the major portion of the infestation and when
there is a serious threat of reinfestation from the adjoining infested areas.
1. The Commissioner may eliminate from any proposed control area irregular areas that are not
included in the principal spray application paths of the application aircraft and areas that,
because of size or shape, are likely to become reinfested from adjoining infested areas.
2. The Commissioner shall exclude from any grasshopper, Mormon cricket, or range caterpillar
control area the entire property of any landowner or lessee when any or all colonies of
honeybees have not been removed, prior to starting control measures, from the property
of such landowner or lessee that lies within the boundaries of the control area. In the
event that honeybee colonies may be located outside the boundaries of the proposed
control area, the Commissioner may establish a buffer zone extending into the control
area of sufficient area to protect the bees from injury due to insecticide application. The
buffer zone shall not extend more than one mile in any direction from the locations of the
honeybee colonies.
D. The Commissioner and Director shall carry out the project at a time to obtain maximum benefits.
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E. If at any time the Commissioner in consultation with the Director determines that a grasshopper or
Mormon cricket control program or any uncompleted part of the control program would not
produce the desired benefits, he shall refuse to conduct a program or discontinue operations on
an uncompleted project.
F. If at any time the Commissioner determines that a range caterpillar control program or any
uncompleted part of the control program would not produce the desired benefits, he shall refuse
to conduct a program or discontinue operations on an uncompleted project.
G. In the event of cancellation of a control project or any portion of a project, all expenses incurred shall
be borne proportionally by all cooperators.
6.00 EFFECTS OF CONTROL PROGRAMS ON ENVIRONMENT:
The Commissioner shall notify the Executive Directors of the Department of Natural Resources and the
Department of Public Health and Environment and the State Director of the Agricultural Stabilization and
Conservation Service, United States Department of Agriculture, of proposed grasshopper, Mormon
cricket, or range caterpillar control projects providing such information as to location, pesticide to be used,
method of application, anticipated starting and ending dates, and any other information that the
Commissioner may consider pertinent.
7.00 NOTICES TO BEEKEEPERS:
A. The Commissioner shall notify beekeepers of proposed grasshopper, Mormon cricket, or range
caterpillar control through all available sources of news media. The Commissioner shall also
notify in writing all beekeepers within the district and within one mile of the boundary of the
proposed district who have requested in writing that they be notified.
B. The Commissioner shall also fly the project area to locate any additional apiaries that may remain
within the project area.
8.00 BEEKEEPERS' RESPONSIBILITY TO PROTECT BEES:
Beekeepers shall be responsible for taking necessary precautions to protect their bees from exposure to
pesticides when notified of spraying operations.
9.00 ELIMINATION OF CROPLAND FROM CONTROL AREA:
Because this program is for rangeland only, any cropland that is within the spray area will be treated only
when it is determined by the Commissioner in consultation with the Director that such treatment will be
advantageous to the project.
A. Acreage of cropland treated at the request of the Commissioner and Director for convenience in
application shall be counted and billed as rangeland.
B. Acreages of cropland treated at the request of the landowner or lessee, when such treatment is
permitted but not required by the Commissioner and the Director, shall be counted and billed as
cropland. The full cost of any such cropland treated shall be borne by the landowner or lessee.
C. No part of this section shall be interpreted as requiring the Commissioner to treat any cropland.
10.00 CONTRACT PROCEDURES:
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A. In anticipation of grasshopper, Mormon cricket, or range caterpillar infestations of epidemic
proportions, the Commissioner shall notify the Director of the Division of Purchasing of the need
to provide prospective bidders with the specimen contract.
B. Upon determination of the boundaries of the area within a district requiring grasshopper, Mormon
cricket, or range caterpillar control measures, each prospective bidder shall be notified of the
anticipated acreages, location, pesticide to be used and rate of application, location and altitude
of nearest airport and length and condition of runways, pesticide storage and loading
requirements, category and number of aircraft required, reporting and starting date, location and
time of bid opening, and any other information pertinent to requests for bids.
11.00 AWARDING OF CONTRACT TO SUCCESSFUL BIDDER:
A. The successful bidder shall provide satisfactory evidence to the Commissioner of compliance with all
applicable State and Federal laws and regulations before the Commissioner may enter into a
contract for grasshopper, Mormon cricket, or range caterpillar control work.
B. The Commissioner may reject any bidder who within 24 hours after the specified reporting date has
not met all conditions of the bid invitation and the contract that relate to equipment, personnel,
licensing, and proof of insurance in preparation for starting the control, or has failed to comply
with pertinent laws and regulations; and
C. The Commissioner may also reject any successful bidder and accept the next bidder in line if the
Commissioner and the Director have reasonable cause to believe that the successful bidder
cannot perform in a satisfactory manner.
12.00 PREREQUISITE TO STATE PARTICIPATION IN RANGELAND GRASSHOPPER, MORMON
CRICKET, OR RANGE CATERPILLAR CONTROL:
A. The Commissioner shall not participate in any grasshopper, Mormon cricket, or range caterpillar
control programs in crop lands except as provided in Section 9.00 above.
B. The Commissioner shall not participate in any grasshopper, Mormon cricket, or range caterpillar
control programs except to control grasshoppers, Mormon crickets, or range caterpillars in
districts which have been formed in accordance with the Pest Control Districts Act, §§ 35-5-101
through 124, C.R.S., as amended.
13.00 ADDING LAND TO AN EXISTING DISTRICT:
The procedure for adding adjoining lands to an established district for grasshopper, Mormon cricket, or
range caterpillar control shall be as established under the Pest Control Districts Act, § 35-5-104(5),
C.R.S., as amended.
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Editor’s Notes
History
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