State approval to farm? Lawmakers debate new limits on seed and pest control

By Sen. Byron Pelton | Guest Commentary, Rocky Mountain Voice

Colorado’s farmers and ranchers already face significant challenges, including volatile commodity prices, rising input costs, labor shortages, and unpredictable weather. They should not also have to contend with a state legislature that increasingly seeks to regulate how they protect crops and livestock. 

Yet that is precisely what Senate Bills 26-062 and 26-065 represent: a top-down attack on agriculture that increases costs, undermines private property rights, and signals deep disrespect for the men and women who feed our nation and the world.

A Direct Hit on Practical Pest Control

SB26-062 would significantly restrict the sale and use of common rodenticides and glue traps. While intended to protect the environment, it would remove essential tools from farmers, ranchers, grain operators, and rural homeowners who manage infestations. 

Rodents cause significant damage by destroying stored grain, damaging irrigation infrastructure, contaminating feed, spreading disease, and causing structural harm. Effective prevention is essential in agriculture. Delaying action can result in substantial financial losses. 

This bill prioritizes legislative decisions over local expertise, limits access to established pest management tools, and introduces additional regulatory requirements. 

These changes are likely to increase costs, crop losses, and financial pressure on producers. Colorado agriculture operates with narrow margins. Removing efficient tools forces producers to adopt more expensive alternatives or accept greater losses, which can ultimately lead to higher food prices.

Bureaucratic Permission Slips for Seed

Even more troubling is SB26-065, which would require farmers to obtain third-party verification before purchasing or planting certain treated seeds. Think about that for a moment. 

Farmers who own their land, assume financial risk, and have extensive agronomic experience would be required to obtain approval from a state-approved verifier before using treated seed. The verifier would determine whether the treatment is “necessary and appropriate.” 

This requirement goes beyond regulatory oversight and effectively mandates prior approval to farm. 

Seed treatment is a standard risk-management tool that protects crops during early growth stages. Restricting access to treated seed increases the risk of crop loss due to insect pressure and may lead to greater reliance on later pesticide applications. 

SB26-065 would create additional compliance requirements for farmers, potentially requiring them to hire consultants or third-party services to obtain authorization for routine inputs. 

This could increase operational costs and impose significant penalties for noncompliance. These requirements are particularly challenging for small and mid-size farms, which may not have the resources to absorb additional compliance costs.

An Assault on Private Property Rights

SB26-065 raises significant concerns regarding property rights. If farmers cannot choose what seed to plant on their own land without state approval, their ownership rights are reduced. 

In rural Colorado, property rights are fundamental to agricultural investment, land stewardship, and long-term planning. Requiring government pre-approval for individual farm decisions goes beyond setting safety standards and suggests a lack of trust in those who manage the land. 

Colorado’s farmers are not reckless. They operate under federal and state pesticide regulations, label requirements, environmental standards, and market pressures. They are incentivized to use inputs efficiently and responsibly, as waste reduces profitability. 

The assumption that producers cannot be trusted to manage their own operations is inaccurate and undermines their expertise, and is blatantly disrespectful!!! 

Agriculture Deserves Partnership, Not Punishment

Agriculture contributes billions of dollars annually to Colorado’s economy and supports tens of thousands of jobs across rural communities. It also sustains food security and preserves open space that defines the state’s character. 

Public policy should support and reinforce this foundation. 

If lawmakers are concerned about environmental impacts, collaboration, research, and voluntary best practices are more effective than broad prohibitions and pre-approval requirements. SB26-062 and SB26-065 move Colorado in the wrong direction. 

They increase costs, centralize authority, and chip away at private property rights. 

These measures suggest a disconnect between the legislature and the realities of agricultural production. 

Colorado’s farmers and ranchers deserve respect, practical policies, and the ability to manage their land without seeking state approval. 

It is disheartening that the Colorado Department of Agriculture supports these bills. This is yet another example of Governor Polis targeting rural Colorado and the agriculture industry.

Sen. Byron Pelton (Logan County) represents Colorado Senate District 1 in northeast Colorado. A U.S. Navy veteran, Pelton worked as an electrician before turning to agriculture and operating a cattle business in the Sterling area.

Editor’s note: This commentary was submitted to Rocky Mountain Voice and also appeared in Colorado Politics on Feb. 25. Opinions expressed in commentary pieces are those of the author and do not necessarily reflect the opinions of the management of the Rocky Mountain Voice, but even so we support the constitutional right of the author to express those opinions.