BROOMFIELD, Colo. — The Colorado Department of Agriculture has established an application process for agricultural employers seeking a variance certificate to allow for more than the “occasional and intermittent hand weeding” (defined in statute as greater than 20% of a worker’s weekly work time). Employers who do not anticipate that hand weeding will take more than 20% of their workers’ time do not need to apply for the variance.
The variance certificate applies to agricultural employers seeking organic certification within a three year period or employers who are able to establish that the hand weeding does not require prolonged and unnecessary stooping, kneeling, or squatting and does not create a risk of acute, chronic, or debilitating injuries; and that there is no suitable long-handled tool or other alternative means of performing the work.
Producers who fall under one of the following exemptions do not need a Hand Weeding Variance certificate.
- Incidental to non-hand weeding operations
- High density plants spaced less than 2 inches apart
- An employer who is certified to meet the standards of the USDA’s National Organic Program
- When commodities are seedlings
- When commodities are grown in tubs or planter containers
- Seeding, planting, transplanting, or harvesting by hand or with a hand tool
- Tending the soil-exposed area immediately surrounding the commodities grown using polyethylene or plastic mulch. Does not apply to soil between rows.
- Producers requesting the variance must fill out an application on the CDA website (paper application is available). Applications are taken year round, but planting and harvest season is a good time to evaluate your weeding practices to determine your farm’s need for the variance. There is no fee associated with the application.
More information about the Hand Weeding Variance Program, including the text of the legislation and a summary of the regulations, can be found at ag.colorado.gov/ics/hand-
— Colorado Department of Agriculture