Colorado Politics

State pesticide rules protect Coloradans, environment | OPINION

Paul Schlagel
Sandra McDonald

Pesticides play a key role in our daily lives, keeping Coloradans healthy and our lands safe from pests and disease-born damages. Without these tools, it would be impossible for farmers to prevent insects and diseases from destroying farmlands, for schools to protect playgrounds from hazardous weed infestations and public lands to be kept free from insects damaging greenspaces we all share. That’s why it’s so important that Colorado continues down the path of uniform, science-based laws that regulate safe pesticide use.

In Colorado, pesticides are strictly regulated by the Pesticide Applicators’ Act. The Act enforces regulations about who is licensed to use pesticides and where and how pesticides can be applied. Rules overseeing administration of the Act are developed and updated in close consultation with regulators, industry practitioners, health experts, scientists and other stakeholders. It is enforced uniformly across the state, so all applicators and businesses live by the same science-based rules designed to keep our communities safe.

The Department of Regulatory Agencies (DORA) recommended in October, as part of Colorado’s sunset review process, that the Act remain in place for 11 more years and that it continue to preempt municipal or county efforts to set local pesticide regulations. This is the right decision. DORA put science first, and we urge the legislature to codify this state-wide framework.

The current regulatory framework is successful because it’s based on federal and state resources and scientific expertise to guide the responsible and safe use of pesticides. Taking oversight away from state regulators and placing it in the hands of city and county officials would weaken that oversight.

Most local jurisdictions simply don’t have the expertise to guide pesticide policies that keep communities safe while helping businesses operate and treat their lands. A lack of expert, science-based guidance would lead to emotions and politics dictating ordinances. We’ve seen this play out before. For example, in Boulder County, officials experienced significant pressure from a small group of activists to enact pesticide laws that weren’t supported by science. The result was a complicated policy logjam that eventually had to be reversed so that the county could stay in alignment with scientific best practices – but the process took years and cost the county a lot of time and money.

Furthermore, the cost of oversight and enforcement is significant. If not the state, who would pick up the cost for local authorities to regulate applications? Taxpayers? Businesses already abiding by state rules? Patchwork laws put additional burdens on businesses that conduct operations across multiple jurisdictions, especially farmers who depend on pesticides to protect their farmlands from devastating insects and diseases. Businesses required to abide by different standards will incur substantial costs.

The bottom line is uniform laws not only keep us safe, but also help farmers make investments in equipment and practices that are compliant no matter where in the state they operate. However, if local standards diverge, a business may be required to invest in different equipment and update business practices to comply with multiple sets of overlapping regulations. This will make it significantly harder for businesses to grow and even operate altogether for fear of violating regulations and incurring punitive fines.

State regulations give farmers and business owners peace of mind in following one set of standards that help their business grow without risking the health of their neighbors. This is why it’s so important for the state legislature to follow DORA’s recommendation and grant the Pesticide Applicators’ Act preemption over a proposed patchwork of local laws. The Act has proven effective in protecting our health, keeping our ecosystems safe from harm and allowing our farmers and applicators to operate and grow their businesses.

Paul Schlagel is a fourth-generation farmer. His family owns and operates Schlagel Farms, LLC., based in Longmont. Sandra McDonald is the owner of Mountain West Pesticide Education and Safety Training, which offers training services to private and commercial pesticide applicators, technicians, handlers and workers. She is based in Fort Collins.

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