Colorado SB 26-065: A Direct Hit to Farmers, Property Rights, and a $47 Billion-Dollar Industry

Colorado Senate Bill 26-065, titled the “Strengthening Economic and Environmental Decisions (SEED) Act,” may sound balanced and thoughtful. In reality, it represents one of the most extensive regulatory overhauls of agricultural decision-making in recent state history. This bill doesn’t just “regulate” insecticides; it essentially places state-controlled gatekeepers between farmers and the seed they depend on to grow food. In doing so, it raises serious concerns for agricultural producers, rural property owners, and anyone who values private property rights and food security.

Economic Impact: Agriculture Is Not a Hobby, It’s a Billion-Dollar Industry

Agriculture in Colorado employs 195,000 people and annually contributes $47 billion to the state’s economy and tax base. Crop production, livestock, processing, equipment, transportation, and exports generate billions in economic activity and support tens of thousands of jobs. The state legislators sponsoring this bill need to understand that agriculture is not a hobby; it has a major impact on the state of Colorado.

What SB 26-065 Actually Does

Beginning January 1, 2029, SB 26-065 would ban the sale or distribution of field crop seeds coated or treated with systemic insecticides unless the buyer provides a certificate issued by a state-approved third-party verifier. The bill broadly defines “field crop seeds" to include staple Colorado crops such as alfalfa, barley, canola, corn, millet, oats, rye, safflower, sorghum, soybean, sunflower, and wheat. It also defines “systemic insecticide” to include a wide range of products commonly used in seed treatments, including neonicotinoids and other systemic chemistries. In other words, routine seed treatment decisions, long made by producers and agronomists, would now require state oversight and bureaucratic approval.

Under SB 26-065:

• A farmer cannot purchase treated seed without first obtaining certification
• A farmer must hire or work with a state-approved third-party verifier to conduct a pest risk assessment
• The state-approved third-party verifier must determine that treated seed use is “necessary and appropriate” before issuing a certificate
• Seed dealers and farmers must maintain records for five years
• The Commissioner may suspend licenses or impose fines up to $50,000 per violation

This Is Not Targeted Reform – It’s Farming Only with Pre-Approval

Seed treatments are often used as preventative tools to protect emerging crops during their most vulnerable growth stages from soil-borne and early-season insect pests. These treatments are applied before problems are visible because, once an infestation is obvious, the damage is often already done.

SB 26-065 puts farmers' crops at risk. It requires farmers to demonstrate a “demonstrable pest issue” before use, effectively forcing producers to wait for a confirmed problem before accessing tools meant to prevent loss in the first place.

That approach is not based on science. It is bureaucratic hindsight management. Farmers already operate in one of the most risk-intensive industries in the country, subject to weather, global markets, fuel costs, and input volatility.

Seed treatments play a role in:

• Protecting yield stability
• Reducing the need for foliar insecticide sprays
• Improving early plant vigor
• Lowering long-term pest pressure

Restricting access could mean:

• Lower yields
• Higher production costs
• Increased risk exposure
• Greater volatility in already tight-margin operations

The Consequences

Colorado producers compete on both national and global stages. Regulatory isolation hampers their competitiveness. Ironically, restricting seed treatments could result in:

• More foliar insecticide applications, which often require heavier chemical loads later in the season
• Less crop uniformity
• Greater financial pressure on small and mid-size producers
• Increased reliance on out-of-state sources of untreated seed
• Competitive disadvantage compared to neighboring states

Property Rights Concerns

This bill signifies a concerning increase in state authority over private agricultural decisions. The right to use one’s property for lawful economic activities, including farming, is a core principle rooted in American law. While states have police powers to regulate for health and safety reasons, such regulations must be reasonable and proportionate. SB 26-065 does not just regulate product labeling or safety standards. This shifts farming decisions from producers to regulatory structures.

This bill:

• Conditions seed purchases only on state-approved permission
• Allows inspections of seed dealer property
• Imposes substantial fines
• Creates ongoing reporting mandates

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Do The Lawmakers Sponsoring This Bill Understand Agriculture?

Notably, some sponsors of Colorado SB 26-065 are the same legislators who introduced SB 26-062, the bill restricting rodenticide use. This raises important questions:

• Do these sponsors have backgrounds in agriculture?
• Have they operated a farm?
• Have they managed pest risks across thousands of acres?
• Have they worked within Colorado’s dryland or irrigated production systems?
• Have they had to balance crop insurance, input costs, and commodity markets?
• Or are these policies being shaped mainly through environmental advocacy without direct experience in production agriculture?

These questions matter because agriculture is not just theoretical. It is practical, high-risk, and time-sensitive. SB 26-065 is sponsored by:

• Senator Katie Wallace
• Senator Cathy Kipp
• Representative Elizabeth Velasco
• Representative Kyle Brown

The Bigger Pattern

Agriculture plays a crucial role in Colorado’s economy, contributing billions and supporting rural communities. It ensures food security and benefits equipment dealers, truckers, processors, and export markets. Before passing SB 26-065, legislators should consider:

• Do you have hands-on experience with agricultural production?
• Have you extensively consulted with Colorado producers, representing over 195,000 constituents?
• Do you understand how preventive pest management functions?
• Are you aware of the economic significance of Colorado agriculture?
• Is this legislation driven by ideology, risking regulation that could push agricultural activities out of Colorado?

When viewed alongside SB 26-062 (rodenticide restrictions), SB 26-065 reveals a broader legislative trend: the gradual restriction of pest management tools available to rural property owners and farmers. One bill limits rodent control, while another restricts seed treatments. Each is presented as targeted reform. Together, they represent increasing state involvement in agricultural activities. At what point does regulation become operational control and a mechanism that drives the agricultural economy out of the state?

What You Can Do

The most effective thing producers can do is to share concerns about bills impacting agriculture with their representatives. It is important that representatives hear from both individuals and from agricultural associations. If you do not know your representative, you can visit the Colorado General Assembly website to obtain their contact information. A brief description of your concerns and referencing the bill is all that is needed. You are also more than welcome to download this article (see link) and send it to them via mail or email.

Link to Colorado State Assembly Find My Legislator: HERE