Rodenticide Use Restrictions

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction SENATE BILL 26-062 LLS NO. 26-0073.01 Jennifer Berman x3286 SENATE SPONSORSHIP Cutter and Kipp, Coleman, Wallace HOUSE SPONSORSHIP Velasco, Senate Committees House Committees Agriculture & Natural Resources Appropriations A BILL FOR AN ACT CONCERNING DESIGNATING SECOND-GENERATION ANTICOAGULANT RODENTICIDES AS RESTRICTED-USE PESTICIDES FOR THE PURPOSE OF RETAIL SALES IN THE STATE.

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 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.

March 18, 2026 SENATE SENATE Amended 2nd Reading March 17, 2026 (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.) 3rd Reading Unamended Bill Summary state is required to prioritize integrated pest management strategies, which involve implementing a combination of nonchemical rodent control measures.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds that:

(a) The use of second-generation anticoagulant rodenticides, referred to as "SGARs", should be restricted to licensed applicators to safeguard public health, nontarget wildlife and domestic animals, and the environment;

(b) Despite prior proposals and actions by the United States environmental protection agency, SGARs remain widely accessible to the general public;

(c) Statistics from America's Poison Centers indicate that children 5 years old and younger account for 75% of the approximately 3,100 annual human exposures to SGARs reported from 2019 to 2023;

(d) Preventive, permanent, or nonstructure-associated baiting with SGARs prolongs the environmental presence of toxic chemicals and increases the likelihood of primary and secondary exposure to companion animals and wildlife, including birds of prey and mammalian carnivores;

(e) Integrated pest management strategies, which emphasize exclusion, proper sanitation, and targeted removal, minimize harm and constitute a humane, science-driven, and effective approach to rodent control;

(f) In conjunction with using integrated pest management strategies, limiting the use of SGARs to circumstances that involve documented and persistent rodent activity, as verified by means such as electronic rodent monitoring and as only a "last resort" could reduce unnecessary exposure risks and cascading household, property, and environmental impacts; and

(g) The department of agriculture's broad rule-making authority includes the authority to adopt rules consistent with state and federal law to further reduce the unintended exposure to SGARs, including the adoption of rules that reflect the risk-reduction principles described in this section.

(2) The general assembly therefore declares that restricting the use of SGARs, while promoting integrated pest management strategies and encouraging the targeted, structure-associated use of SGARs, will protect Colorado's wildlife, children, and pets; will safeguard human health; and will support humane, science-driven, and effective rodent control.

SECTION 2. In Colorado Revised Statutes, 35-9-103, add (13) as follows:

35-9-103. Definitions.

As used in this article 9, unless the context otherwise requires:

"SECOND-GENERATION ANTICOAGULANT RODENTICIDE" MEANS A PESTICIDE CONTAINING ANY OF THE FOLLOWING ACTIVE INGREDIENTS:

(a) BRODIFACOUM;

(b) BROMADIOLONE;

(c) DIFENACOUM; OR

(d) DIFETHIALONE.

SECTION 3. In Colorado Revised Statutes, add 35-9-118.5 as follows: 35-9-118.5. Second-generation anticoagulant rodenticides designated as restricted-use pesticides. ON AND AFTER JULY SECOND-GENERATION ANTICOAGULANT RODENTICIDES ARE DESIGNATED AS RESTRICTED-USE PESTICIDES AND THE COMMISSIONER SHALL RESTRICT THE DISTRIBUTION AND USE OF THE PESTICIDES PURSUANT TO SECTION 35-9-108 (5).

SECTION 4. In Colorado Revised Statutes, 35-9-120, amend (1)(j.5) and (1)(k); and add (1)(l) as follows:

35-9-120. Prohibited acts - deceptive trade practice.

(1) It is unlawful and a violation of this article ARTICLE 9 for any person:

(j.5) To make a false statement in any invoice, record, report, or application required under this article ARTICLE 9 or any rule promulgated ADOPTED under this article; or ARTICLE 9;

(k) To make any fraudulent statements in any confidentiality agreement authorized pursuant to section 35-9-109 or to violate any of the provisions of said THE agreement; OR

(l) TO DISTRIBUTE OR USE SECOND-GENERATION ANTICOAGULANT RODENTICIDES IN VIOLATION OF SECTION 35-9-118.5.

SECTION 5. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.