Rule-making process for ag worker hand-weeding variance begins

On June 25, Gov. Jared Polis signed into law SB 21-087, the Agricultural Workers’ Rights bill, which requires the Colorado Department of Labor and Employment to set up new rules and regulations for workers in the ag industry.

Additionally, the law requires the Colorado Department of Agriculture to promulgate the specific rules related to the allowance of hand-weeding and hand-thinning crops by workers.

CDA’s responsibility is to first establish a procedure for agricultural employers to seek a certificate of variance to allow for more than occasional or intermittent hand-weeding of agricultural or horticultural products.

Next, CDA must promulgate a rule to establish an allowance on limitations of hand-weeding and hand-thinning for an agricultural employer actively engaged in the transition to certified organic agriculture. These rules must be proposed by Oct. 31 and promulgated by Jan. 31, 2022.

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