A Bill for an Act
Page 1, Line 101Concerning certain rodent control products in the state.
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.)
The bill prohibits a person from selling, distributing, applying, or using certain types of rodenticide and rodent glue traps in the state except as authorized for restricted and limited use in a public health emergency and in accordance with certain use requirements and time periods.
A person conducting professional rodent control services in the state is required to prioritize integrated pest management strategies, which involve implementing a combination of nonchemical rodent control measures.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds that:
Page 2, Line 4(a) The use of certain rodenticides, including bromethalin, zinc
Page 2, Line 5phosphide, and first- and second-generation anticoagulants known
Page 2, Line 6broadly as "anticoagulant rodenticides" or "ARs", as well as glue traps,
Page 2, Line 7pose an unacceptable risk to human health, particularly to the health of
Page 2, Line 8children 5 years old and younger;
Page 2, Line 9(b) From 2008 to 2015, the United States environmental
Page 2, Line 10protection agency implemented a series of actions that effectively
Page 2, Line 11removed second-generation ARs from consumer markets, beginning with
Page 2, Line 12a 2008 risk-management decision and concluding with a 2015 phaseout
Page 2, Line 13of remaining retail products;
Page 2, Line 14(c) Despite the environmental protection agency's actions, online
Page 2, Line 15availability of second-generation ARs persists. Statistics from America's
Page 2, Line 16Poison Centers indicate that, of approximately 3,100 annually reported
Page 2, Line 17poisonings of humans nationwide by ARs from 2019 to 2023, children 5
Page 2, Line 18years old and younger account for 70% of the exposures.
Page 2, Line 19(d) Between 2019 and 2023, a total of 15,500 human exposures
Page 2, Line 20to ARs were reported nationally. These incidents often require emergency
Page 2, Line 21medical intervention and may pose long-term developmental risks to
Page 2, Line 22those exposed. Yet, ARs remain frequently deployed in residential and
Page 2, Line 23community settings, where children are most vulnerable to their ingestion.
Page 2, Line 24(e) Between 2020 and 2024, Colorado residents reported 762
Page 2, Line 25exposures to ARs in dogs and cats according to the American Society for
Page 2, Line 26the Prevention of Cruelty to Animals Animal Poison Control Center;
Page 3, Line 1(f) Nationwide, AR exposure has led to fatalities in both humans
Page 3, Line 2and companion animals, including documented cases in Colorado;
Page 3, Line 3(g) Because bromethalin has become an increasingly popular, yet
Page 3, Line 4no less dangerous, rodenticide, reported human poisonings have increased
Page 3, Line 5by 240% nationwide between 2012 and 2023, with children under 5 years
Page 3, Line 6old accounting for 67% of documented cases. From 2019 to 2023, there
Page 3, Line 7were 7,074 human exposures to bromethalin reported nationwide.
Page 3, Line 8(h) Colorado's companion animals are also at risk to bromethalin,
Page 3, Line 9with 1,347 exposures in dogs and cats reported to the American Society
Page 3, Line 10for the Prevention of Cruelty to Animals Animal Poison Control Center
Page 3, Line 11from 2020 to 2024;
Page 3, Line 12(i) Clinical signs of bromethalin toxicity include paralysis,
Page 3, Line 13disorientation, and abnormal behavior, with multiple fatalities
Page 3, Line 14documented in Colorado over the past decade. There is no antidote for
Page 3, Line 15people, pets, or wildlife when exposed to bromethalin.
Page 3, Line 16(j) Zinc phosphide, which is primarily used in agricultural areas,
Page 3, Line 17has received the environmental protection agency's highest toxicity rating
Page 3, Line 18of "danger". While the reported cases of human and pet poisonings for
Page 3, Line 19zinc phosphide are lower than those involving ARs or bromethalin, the
Page 3, Line 20rate of fatalities associated with exposure to zinc phosphide is
Page 3, Line 21significantly higher. Nationally, 571 human exposures to zinc phosphide
Page 3, Line 22were reported between 2019 and 2023.
Page 3, Line 23(k) Bromethalin, zinc phosphide, and ARs contribute to
Page 3, Line 24preventable suffering and mortality in nontarget wildlife in the United
Page 3, Line 25States. A University of California Agriculture and Natural Resources
Page 3, Line 26study from 2018, titled "Prevalence of First and Second-generation
Page 3, Line 27Anticoagulant Rodenticide Exposure in California Mountain Lions (Puma
Page 4, Line 1concolor)", found a 94.5% exposure rate for ARs in tested mountain
Page 4, Line 2lions, while a 2017 study published in the Ecotoxicology Journal, titled
Page 4, Line 3"Anticoagulant rodenticide exposure and toxicosis in four species of birds
Page 4, Line 4of prey in Massachusetts, USA, 2012-2016, in relation to use of
Page 4, Line 5rodenticides by pest management professionals", found a 96% exposure
Page 4, Line 6rate for birds of prey.
Page 4, Line 7(l) The documented effects of such exposures in wildlife include
Page 4, Line 8compromised immune function, infertility, impaired mobility, and death;
Page 4, Line 9(m) A study published in the Journal of Wildlife Diseases, titled
Page 4, Line 10"Anticoagulant Rodenticide Exposure and Toxicosis in Coyotes (Canis
Page 4, Line 11latrans) in the Denver Metropolitan Area", found that 100% of coyotes
Page 4, Line 12sampled in the Denver metropolitan area tested positive for exposure to
Page 4, Line 13ARs;
Page 4, Line 14(n) With increasing usage of bromethalin in recent years, studies
Page 4, Line 15have documented bromethalin residue in sampled raptors, foxes, and
Page 4, Line 16other nontarget species, with evidence of such exposure causing
Page 4, Line 17neurotoxicity, disorientation, and death;
Page 4, Line 18(o) The federal centers for disease control and prevention
Page 4, Line 19recommends against the use of glue traps to kill rodents, citing the risk of
Page 4, Line 20disease transmission from trapped animals that excrete urine and feces
Page 4, Line 21while struggling to get free;
Page 4, Line 22(p) Glue traps kill rodents by causing exhaustion, dehydration,
Page 4, Line 23suffocation, or starvation, often lasting over hours or days; and
Page 4, Line 24(q) Glue traps are indiscriminate and often ensnare nontarget
Page 4, Line 25animals, including birds, reptiles, and companion animals.
Page 4, Line 26(2) The general assembly further finds that:
Page 4, Line 27(a) Integrated pest management, which utilizes exclusion,
Page 5, Line 1mechanical or electronic traps, or emerging fertility control technologies,
Page 5, Line 2provides safe, humane, and ecologically sound alternatives for managing
Page 5, Line 3rodent populations; and
Page 5, Line 4(b) Integrated pest management strategies minimize harm to
Page 5, Line 5people, pets, and wildlife, while supporting proven and targeted rodent
Page 5, Line 6management.
Page 5, Line 7(3) Therefore, the general assembly declares that prohibiting the
Page 5, Line 8use of certain rodenticides and glue traps, while promoting the use of
Page 5, Line 9integrated pest management practices across public, private, and
Page 5, Line 10commercial settings in the state, will protect Colorado's children,
Page 5, Line 11safeguard community health, and support humane, science-driven rodent
Page 5, Line 12control.
Page 5, Line 13SECTION 2. In Colorado Revised Statutes, 35-9-103, add (7.5),
Page 5, Line 14(8.2), (9.7), and (13) as follows:
Page 5, Line 1535-9-103. Definitions.
Page 5, Line 16As used in this article 9, unless the context otherwise requires:
Page 5, Line 17(7.5) "First-generation anticoagulant rodenticide" means
Page 5, Line 18a pesticide product containing any of the following active
Page 5, Line 19ingredients:
Page 5, Line 20(a) Diphacinone;
Page 5, Line 21(b) Chlorophacinone; or
Page 5, Line 22(c) Warfarin.
Page 5, Line 23(8.2) "Integrated pest management" means a science-based
Page 5, Line 24strategy that focuses on long-term prevention of rodent
Page 5, Line 25infestations or damage that the infestations cause through use
Page 5, Line 26of a combination of techniques and that prioritizes nonchemical
Page 5, Line 27control measures, including exclusion, sanitation, habitat
Page 6, Line 1modification, fertility control, and mechanical capture.
Page 6, Line 2(9.7) "Nonanticoagulant rodenticide" means a pesticide
Page 6, Line 3product containing any of the following active ingredients:
Page 6, Line 4(a) Bromethalin; or
Page 6, Line 5(b) Zinc phosphide.
Page 6, Line 6(13) "Second-generation anticoagulant rodenticide"
Page 6, Line 7means a pesticide product containing any of the following
Page 6, Line 8active ingredients:
Page 6, Line 9(a) Brodifacoum;
Page 6, Line 10(b) Bromadiolone;
Page 6, Line 11(c) Difenacoum; or
Page 6, Line 12(d) Difethialone.
Page 6, Line 13SECTION 3. In Colorado Revised Statutes, add 35-9-118.3 and
Page 6, Line 1435-9-119.5 as follows:
Page 6, Line 1535-9-118.3. Prohibition on sales of certain rodenticides and
Page 6, Line 16glue traps - prohibition on use - exceptions for restricted and limited
Page 6, Line 17use - labeling requirements - rules - definitions.
Page 6, Line 18(1) A person shall not sell, distribute, or offer for sale or
Page 6, Line 19distribution in the state, including through the use of the
Page 6, Line 20internet:
Page 6, Line 21(a) A second-generation anticoagulant rodenticide;
Page 6, Line 22(b) A first-generation anticoagulant rodenticide;
Page 6, Line 23(c) A nonanticoagulant rodenticide; or
Page 6, Line 24(d) A rodent glue trap.
Page 6, Line 25(2) (a) Except as provided in subsection (3) of this section,
Page 6, Line 26a person shall not use any of the rodenticides described in
Page 6, Line 27subsection (1) of this section in the state.
Page 7, Line 1(b) On or before January 1, 2027, the commissioner shall
Page 7, Line 2adopt rules designating the rodenticides described in subsection
Page 7, Line 3(1) of this section as restricted-use and limited-use pesticides
Page 7, Line 4pursuant to section 35-9-108 (5).
Page 7, Line 5(3) (a) After the commissioner adopts rules pursuant to
Page 7, Line 6subsection (2)(b) of this section and publishes a statement on the
Page 7, Line 7department of agriculture's public website notifying the public
Page 7, Line 8that the rules have been adopted, a certified operator,
Page 7, Line 9commercial applicator, public applicator, or qualified
Page 7, Line 10supervisor licensed pursuant to article 10 of this title 35 may
Page 7, Line 11engage in the restricted and limited use of the rodenticides
Page 7, Line 12described in subsection (1) of this section if the use qualifies
Page 7, Line 13under an exemption described in subsection (3)(d) of this section
Page 7, Line 14and the use meets the following requirements:
Page 7, Line 15(I) The use is only for an indoor use within a single
Page 7, Line 16location;
Page 7, Line 17(II) The use is not for the purpose of routine preventive,
Page 7, Line 18maintenance, or permanent baiting;
Page 7, Line 19(III) At the same time that rodenticides are used at the
Page 7, Line 20location, all feasible exclusion and sanitation measures shall
Page 7, Line 21be implemented and maintained throughout the exemption
Page 7, Line 22period, including measures to seal entry points, eliminate
Page 7, Line 23correctable attractants, and correct structural deficiencies.
Page 7, Line 24Failure to implement and maintain the exclusion and sanitation
Page 7, Line 25measures invalidates the exemption.
Page 7, Line 26(IV) The operator, applicator, or supervisor has
Page 7, Line 27developed and maintains pursuant to the record-keeping
Page 8, Line 1requirements set forth in section 35-10-111 a written rationale
Page 8, Line 2explaining why nonrodenticide methods of solving the problem
Page 8, Line 3have not been sufficient and why an exemption from the
Page 8, Line 4prohibition on use of the rodenticides described in subsection (1)
Page 8, Line 5of this section is being sought. The written rationale must
Page 8, Line 6include documented evidence of an active rodent infestation,
Page 8, Line 7collected through the use of electronic rodent monitoring
Page 8, Line 8devices or other verifiable monitoring methods, which devices or
Page 8, Line 9methods must not contain rodenticides and must be capable of
Page 8, Line 10independently verifying rodent activity. The written rationale
Page 8, Line 11must include documentation of:
Page 8, Line 12(A) The integrated pest management strategies that have
Page 8, Line 13already been implemented at the location;
Page 8, Line 14(B) The reasons why the integrated pest management
Page 8, Line 15strategies have not achieved rodent control;
Page 8, Line 16(C) The specific justification for rodenticide use as a last
Page 8, Line 17resort, including an explanation of why exclusion and other
Page 8, Line 18nonchemical methods alone cannot achieve rodent control; and
Page 8, Line 19(D) The exclusion and sanitation measures undertaken
Page 8, Line 20pursuant to subsection (3)(a)(III) of this section, including
Page 8, Line 21photographs, work orders, inspection reports, or other
Page 8, Line 22verifiable evidence of the measures undertaken; and
Page 8, Line 23(V) Electronic rodent monitoring devices or other
Page 8, Line 24monitoring methods used shall be kept in place for the duration
Page 8, Line 25of the exemption period and for at least fourteen days after all
Page 8, Line 26of the bait containing a rodenticide has been removed from the
Page 8, Line 27location.
Page 9, Line 1(b) The authorization for restricted and limited use of a
Page 9, Line 2rodenticide described in subsection (1) of this section:
Page 9, Line 3(I) Is limited to the minimum period necessary to achieve
Page 9, Line 4rodent control but a maximum period not to exceed two
Page 9, Line 5consecutive twenty-one-day periods, for a total of forty-two
Page 9, Line 6consecutive days. A written rationale maintained in compliance
Page 9, Line 7with subsection (3)(a)(IV) of this section must be updated at
Page 9, Line 8least every twenty-one days during the exemption period. When
Page 9, Line 9monitoring data indicates that rodent activity has ceased for
Page 9, Line 10a sustained period that the operator, applicator, or supervisor
Page 9, Line 11deems sufficient to demonstrate rodent control, the operator,
Page 9, Line 12applicator, or supervisor shall remove all bait containing a
Page 9, Line 13rodenticide from the location before the end of the applicable
Page 9, Line 14exemption period.
Page 9, Line 15(II) Requires that the owner of the property on which
Page 9, Line 16rodenticide use is authorized posts a sign visible from a public
Page 9, Line 17right-of-way that states "Rodenticides in use for public health
Page 9, Line 18emergency"; and
Page 9, Line 19(III) Requires the use of integrated pest management
Page 9, Line 20strategies to accompany the restricted and limited use of the
Page 9, Line 21rodenticide.
Page 9, Line 22(c) For an indoor location at which the limited and
Page 9, Line 23restricted use of the rodenticides described in subsection (1) of
Page 9, Line 24this section has been authorized pursuant to this subsection (3),
Page 9, Line 25a subsequent limited and restricted use of the rodenticides is
Page 9, Line 26not authorized unless and until at least sixty days have elapsed
Page 9, Line 27since the prior exemption period expired and a distinct rodent
Page 10, Line 1infestation has been documented. Any subsequent use must
Page 10, Line 2comply with the requirements set forth in this subsection (3).
Page 10, Line 3(d) A certified operator, commercial applicator, public
Page 10, Line 4applicator, or qualified supervisor licensed pursuant to article
Page 10, Line 510 of this title 35 may use rodenticides in accordance with this
Page 10, Line 6subsection (3) if the use is necessary to respond to a public
Page 10, Line 7health emergency, as determined by the department of public
Page 10, Line 8health and environment or by a county or district board of
Page 10, Line 9public health. The department of public health and environment
Page 10, Line 10may develop the form and manner by which a public health
Page 10, Line 11emergency determination is made pursuant to this subsection
Page 10, Line 12(3)(d).
Page 10, Line 13(4) The department of agriculture shall establish
Page 10, Line 14additional labeling requirements for anticoagulant
Page 10, Line 15rodenticides, including a requirement that the name of the
Page 10, Line 16rodenticide be clearly labeled on a bait box.
Page 10, Line 17(5) As used in this section, unless the context otherwise
Page 10, Line 18requires:
Page 10, Line 19(a) "Electronic rodent monitoring device" means a
Page 10, Line 20nonrodenticide-based device or system that:
Page 10, Line 21(I) Detects and records rodent activity and produces
Page 10, Line 22time-stamped, retrievable information sufficient to
Page 10, Line 23demonstrate periods of activity or inactivity; and
Page 10, Line 24(II) Is maintained by the certified operator, commercial
Page 10, Line 25applicator, public applicator, or qualified supervisor licensed
Page 10, Line 26pursuant to article 10 of this title 35 that is responsible for
Page 10, Line 27rodent control.
Page 11, Line 1(b) "Use" has the meaning set forth in section 35-10-103
Page 11, Line 2(18).
Page 11, Line 335-9-119.5. Integrated pest management.
Page 11, Line 4(1) A person conducting professional rodent control
Page 11, Line 5services in the state shall prioritize using integrated pest
Page 11, Line 6management strategies. Integrated pest management strategies
Page 11, Line 7include implementing the following steps before rodenticide use
Page 11, Line 8may be considered:
Page 11, Line 9(a) Confirming that the pest is a rodent and, if possible,
Page 11, Line 10identifying the species;
Page 11, Line 11(b) Inspecting the site to identify signs of rodent activity,
Page 11, Line 12entry points, food sources, locations of harborage, and any
Page 11, Line 13other contributing condition;
Page 11, Line 14(c) Deploying electronic rodent monitoring devices, as
Page 11, Line 15defined in section 35-9-118.3 (5)(a), or other verifiable
Page 11, Line 16monitoring methods to identify and document rodent activity
Page 11, Line 17and locations and the effectiveness of remediation and control
Page 11, Line 18measures deployed; and
Page 11, Line 19(d) Remediating contributing conditions and deploying
Page 11, Line 20control measures, with priority given to control measures
Page 11, Line 21involving sanitation, exclusion, or other control measures
Page 11, Line 22identified as necessary to physically exclude, deter, and
Page 11, Line 23prevent rodent infestations or damage.
Page 11, Line 24SECTION 4. In Colorado Revised Statutes, 35-9-120, amend (1)
Page 11, Line 25introductory portion and (1)(j.5); and add (1)(l) and (1)(m) as follows:
Page 11, Line 2635-9-120. Prohibited acts - deceptive trade practice.
Page 11, Line 27(1) It is unlawful and a violation of this
articleanyPage 12, Line 1a person:
Page 12, Line 2(j.5) To make a false statement in any invoice, record, report, or
Page 12, Line 3application required under this
articlepromulgatedPage 12, Line 4adopted under this
article; orPage 12, Line 5(l) To sell, distribute, or offer for sale or distribution in
Page 12, Line 6the state a rodenticide product described in section 35-9-118.3
Page 12, Line 7(1); or
Page 12, Line 8(m) To apply or use a rodenticide product described in
Page 12, Line 9section 35-9-118.3 (1), except as authorized pursuant to section
Page 12, Line 1035-9-118.3 (3).
Page 12, Line 11SECTION 5. Applicability. This act applies to conduct occurring
Page 12, Line 12on or after the effective date of this act.
Page 12, Line 13SECTION 6. Safety clause. The general assembly finds,
Page 12, Line 14determines, and declares that this act is necessary for the immediate
Page 12, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 12, Line 16the support and maintenance of the departments of the state and state
Page 12, Line 17institutions.