2.9 Notice-of-Application Signs and Customer Notices

2.9 Notice-of-Application Signs and Customer Notices

Statutory Basis: C.R.S. § 35-10-112(2) requires a commercial, registered limited commercial, or registered public applicator making a pesticide application in any turf or ornamental category to post a sign at the time of application, at any conspicuous point or points of entry to the property. The same subsection requires signs for applications in any aquatic category. 8 CCR 1203-2 Part 13 supplies the placement rules.

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1. What the Sign Must Say (§ 35-10-112(2)(c))

┌──────────────────────────────────────────────────────────────┐
│                                                              │
│                       W A R N I N G                          │  ← ≥ 60-point
│                                                              │     bold-faced
│                  PESTICIDES APPLIED                          │  ← ≥ 24-point
│                                                              │     bold-faced
│              ┌──────────────────────────┐                    │
│              │   (adult / child / dog   │                    │  ← circle ≥ 2
│              │    inside a circle with  │                    │     inches in
│              │    a diagonal slash)     │                    │     diameter
│              └──────────────────────────┘                    │
│                                                              │
│                GreenCare Pros LLC                            │  ← ≥ 18-point
│                                                              │     bold-faced
└──────────────────────────────────────────────────────────────┘
   Black lettering and symbols on a BRIGHT YELLOW background.
   WATER RESISTANT.  At least 4 INCHES HIGH by 5 INCHES WIDE.

The four required elements, in the statute's own order:

[!WARNING] This is not the "KEEP OFF — UNTIL DRY" sign used in some other states. Colorado's statute prescribes the words WARNING and PESTICIDES APPLIED, and the no-adult-no-child-no-dog symbol. A sign that reads "Pesticide Application — Keep Off Until Dry" does not comply, however reasonable it sounds.

Extra information on unattended commercial sites (§ 35-10-112(2)(d))

If a commercial or registered limited commercial applicator treats a commercial property site and an owner of the site or an owner's agent is not present, the sign must additionally carry, in the same black-on-bright-yellow scheme and in at least 18-point bold-faced type:

1. The telephone number of the applicator;
2. The name of the pesticide applied; and
3. The date the pesticide was applied.

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2. Where the Sign Goes (Part 13)

Timing is fixed by statute: the sign goes up at the time of application, not afterward and not the day before.

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3. The Separate Customer Notice for Ornamental Applications (Part 9.04)

Sign posting is a duty owed to the public. Commercial applicators in the ornamental classification owe a second, different duty to the customer: at the time any pesticide is applied, the applicator leaves for each customer — or for an individual at each location where an application was made, if different from the customer's address — a printed or legibly written statement that discloses:

• the fact that a pesticide has been applied;
• the name of each pesticide applied;
• the date of application; and
• such precautionary statements from the label as are necessary or appropriate to avoid endangering the health of persons or animals or an unreasonable risk of harm to property.

Where the rule allows electronic delivery of these notices, the commercial applicator must first obtain a written request from each customer and occupant asking to receive required notices electronically, and must maintain a record of those written requests. An applicator without that record on file at the time of an application must provide the notice in the standard printed form.

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4. Local Governments Cannot Add to the Sign Rules

Under § 35-10-112(3), no county, city and county, municipality, or home-rule entity may impose notification requirements on commercial applicators more stringent than those in Article 10. A city may regulate notification by private individuals, property owners, and the general public, but such requirements are not applicable to any commercial applicator, and no commercial applicator may be exposed to liability for failing to comply with them.

This links directly to the broader preemption rule in § 35-10-112.5, which makes pesticide regulation a matter of statewide concern and bars local rules on labeling, use and application, warnings and notifications, and licensing, training, certification, insurance, or recordkeeping for persons regulated by Article 10.