Colorado Flower and Trim Pesticide Testing Starts August 1st

by | Jul 2, 2018 | Insurance Exclusions, Regulations

Cultivators and Optional Premises Must Start Pesticide Testing

The Colorado marijuana industry is less than one month away from being required to pesticide test flower and trim starting on August 1, 2018.   Medical and retail concentrates are not required to pesticide test due proficiency limits not being established.

What licensees are required in Colorado to test?

  • Medical Marijuana Optional Premises Cultivation
  • Retail Marijuana Cultivation Facilities

Six Colorado Labs Currently Certified for Testing Pesticides

As of now, there are currently six labs certified for testing pesticides.

  1. AGRICOR LABORATORIES LLC
  2. GOBI ANALYTICAL INC
  3. NORDIC ANALYTICAL LABORATORIES LLC
  4. PHYTATECH CO LLC
  5. RM3 LABS COLORADO LLC
  6. TERRA HEALTH CARE LABS INC

According to the Colorado Marijuana Enforcement Division, the purpose of pesticide testing is a matter of public health and safety. 

Impact of Not Testing on your Product Liability Insurance Coverage

What does pesticide testing mean for companies with product liability insurance?

Be compliant and test for pesticides!  Cannabis insurance companies offering product liability coverage will be particularly interested their customers are following the rules.  A lawsuit by a cannabis consumer claiming damages for pesticides is most likely to result in a product liability insurance claim.  If a lawsuit was to occur, the insurance carrier will verify if pesticide testing was being performed by their insurance customer with the mutual understanding no banned pesticides were used during cultivation accordingly.

If pesticide testing was not being followed, the insurance carrier will have a stronger position to deny the claim based on exclusions such as this one used by Knight Specialty Insurance Company:

to any Claim arising out of any Named Insured’s Products manufactured, handled, sold, developed, designed, created, tested, leased, licensed, rented, marketed, disposed of or distributed in knowing or willful violation of any State law, statute, ordinance or regulation;

Colorado Pesticide Bulletin 18-07

[pdf-embedder url=”https://shoppotinsurance.com/wp-content/uploads/2018/07/MED-Bulletin-18-07-Mandatory-Pesticide-Testing-06-29-2018.pdf” title=”MED Bulletin 18-07 Mandatory Pesticide Testing 06-29-2018″] 

Colorado Prohibited Chemical List

[pdf-embedder url=”https://shoppotinsurance.com/wp-content/uploads/2018/07/CODE-OF-COLORADO-REGULATIONS-1-CCR-212-2-Prohibited-Chemicals-as-of-07-02-20181.pdf” title=”CODE OF COLORADO REGULATIONS 1 CCR 212-2 Prohibited Chemicals as of 07-02-2018(1)”]