Apiary Program
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- Who is regulated by the Pesticide Applicator's Act?
Any business engaged in applying pesticides for compensation. Public entities and businesses, such as golf courses or food processors, may also be regulated by the Colorado Department of Agriculture (CDA).
The Department does not regulate individual homeowners or EPA Private Certified Applicators. EPA Private Certified Applicators are individuals who apply pesticides while engaged in producing an agricultural commodity, like food crops, livestock or landscape plants.
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- What happens after a request for investigation is filed?
After a request for investigation is received by the Department, it is given a case number and assigned to an investigator. The investigator's job is to collect as much information as possible, which means interviewing the complainant(s), applicator(s), and other witnesses; collecting samples; and taking photos or videos. The investigator does not draw conclusions or make determinations involving the sample evidence.
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- How long does an investigation take?
Due to the complex nature of bee hives, sampling and analysis can take a long time. Samples of all materials coming from the hive, as well as all materials that have gone into the hive, may be necessary.
Because investigations, reviews, and determinations may involve legal procedures, resolutions can be a time consuming process and may take anywhere from a few weeks to a few years in some rare cases. All investigation procedures involving licensees or registrants are defined by law and all licensees and registrants are entitled to due process under the law.
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- What happens to the samples?
Samples are submitted to CDA's lab for analysis. Samples will be analyzed as soon as possible. If a new pesticide product is involved, the lab may need to obtain methods, chemicals, or even equipment needed for the analysis. Other delays can result because of volume or complexity of the samples to be analyzed. Sample analysis generally takes anywhere from a few weeks to a few months. In some rare cases it can take much longer.
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- What happens after the investigation?
A decision is made as to how to proceed. The complaint may be dismissed if the available evidence does not support a conclusion that a misapplication or other violation has occurred; more investigation might be necessary, including additional meetings with licensees or registrants; or, if the case involves an unlicensed applicator, it may be referred to the Attorney General's office.
If it is determined that a misapplication or violation of the Pesticide Applicators' Act or Pesticide Act has occurred, further decisions must be made to resolve the complaint. Resolutions can range from written reminders or reprimands to legal stipulations that may require additional training, revision of company policies, suspensions, civil penalties, or in extreme cases revocation of a license.
The Department is limited to disciplinary actions against an individual or a business commercial license or registration and cannot require restitution for damages. If it is decided that possible criminal activities are involved, the case will be referred to the appropriate authority.
You will be notified in writing as to the outcome of your complaint and copies of the analyses of samples taken will be provided to you at that time.
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- How Do Bee Investigations Differ from Other Types of Investigation?
By their very nature, bees act as samplers of the environment around them. Under normal conditions they will forage up to two miles from the colony and under extreme conditions much further. This makes it extremely difficult to determine the exact source of a hive contaminant. Likewise, within a bee yard, the bees from two hives sitting side by side may be foraging from different parts of the environment and for different materials.
It can also be difficult to determine the exact time a hive received a contaminant. The longer the period of time is between the bees contacting a problem and the time samples are collected, the harder it is to pinpoint a source.
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