The purpose of this chapter,
which shall be known as the State Pesticide Control Act and shall be
enforced by the State Department of Agriculture, is to regulate in the
public interest the formulation, distribution, storage, transportation,
application and use of pesticides. Many materials have been discovered or
synthesized which are necessary and valuable for the control of insects,
plant diseases and weeds. Many more pesticides will be discovered and
needed. Such materials, however, may injure health, property, wildlife or
environment by being distributed, stored, transported, applied or used in
an improper or careless manner. The pesticide industry of this state has
achieved and maintained high standards in its formulation and use of
pesticides while at the same time experiencing a minimum of injury to
persons, property or the environment. Currently updating the law to
maintain this achievement and to consider future new pesticides and
problems is necessary for the protection of persons, property, wildlife
and environment of this state. [Formerly 634.012] As used in this chapter unless the context
requires otherwise:
(1) “Antidote” means a practical immediate treatment in case of
poisoning and includes first-aid treatment.
(2) “Brand” or “trademark” means any word, name, symbol or any
combination thereof adopted or used by a person to identify pesticides
manufactured, compounded, delivered, distributed, sold or offered for
sale in this state and to distinguish them from pesticides manufactured,
compounded, delivered, distributed, sold or offered for sale by others.
(3) “Department” means the State Department of Agriculture.
(4) “Device” means any instrument or contrivance containing
pesticides or other chemicals intended for trapping, destroying,
repelling or mitigating insects or rodents or destroying, repelling or
mitigating fungi, nematodes or such other pests as may be designated by
the department, but does not include equipment used for the application
of pesticides or other chemicals when sold separately from such
pesticides or chemicals.
(5) “Private applicator” means a person who uses or supervises the
use of any pesticide, classified by the department as a restricted-use or
highly toxic pesticide, for the purpose of producing agricultural
commodities or forest crops on land owned or leased by the person.
(6) “Highly toxic” means a pesticide or device determined by the
department to be capable of causing severe injury, disease or death to
human beings.
(7) “Landowner” means a person owning three acres or more within a
proposed protected area; and in the case of multiple ownership of land,
the owner is only a person whose interest is greater than an undivided
one-half interest therein or who holds an authorization in writing from
one or more of the other owners whose interest, when added to the
interest of the person, are greater than an undivided one-half interest
in the land.
(8) “Pesticide” includes:
(a) “Defoliant” which means any substance or mixture of substances
intended for causing the leaves or foliage to drop from a plant with or
without causing abscission;
(b) “Desiccant” which means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue;
(c) “Fungicide” which means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any fungus;
(d) “Herbicide” which means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any weed;
(e) “Insecticide” which means any substance or mixture of
substances intended for preventing, destroying, repelling or mitigating
any insects which may be present in any environment whatsoever;
(f) “Nematocide” which means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating nematodes;
(g) “Plant regulator” which means any substance or mixture of
substances intended, through physiological action, to accelerate or
retard the rate of growth or rate of maturation or to otherwise alter the
behavior of ornamental or crop plants or the produce thereof, but shall
not include substances to the extent that they are intended as plant
nutrients, trace elements, nutritional chemicals, plant inoculants or
soil amendments; or
(h) Any substance, or mixture of substances intended to be used for
defoliating plants or for preventing, destroying, repelling or mitigating
all insects, plant fungi, weeds, rodents, predatory animals or any other
form of plant or animal life which is, or which the department may
declare to be a pest, which may infest or be detrimental to vegetation,
humans, animals, or be present in any environment thereof.
(9) “Pesticide applicator” or “applicator” means a person who:
(a) Is spraying or applying pesticides for others;
(b) Is authorized to work for and is employed by a pesticide
operator; and
(c) Is in direct charge of or supervises the spraying or
application of pesticides or operates, uses, drives or physically directs
propulsion of equipment, apparatus or machinery, either on the ground or
by aircraft in such activity.
(10) “Pesticide consultant” means a person, including governmental
employees, who offers or supplies technical advice, supervision, aid or
recommendations to the user of pesticides classified by the department as
restricted-use or highly toxic pesticides, whether licensed as a
pesticide dealer or not.
(11) “Pesticide dealer” means a person who sells, offers for sale,
handles, displays or distributes any pesticide classified by the
department as a restricted-use or highly toxic pesticide.
(12) “Pesticide equipment” means any equipment, machinery or device
used in the actual application of pesticides, including aircraft and
ground spraying equipment.
(13) “Pesticide operator” means a person who owns or operates a
business engaged in the application of pesticides upon the land or
property of another.
(14) “Pesticide trainee” means a person who:
(a) Is employed by a pesticide operator; and
(b) Is working and engaged in a training program under special
certificate to qualify as a pesticide applicator.
(15) “Professed standard of quality” means a plain and true
statement of the name and percentage of each active ingredient and the
total percentage of all inert ingredients contained in any pesticide.
(16) “Protected area” means an area established under the
provisions of this chapter to prohibit or restrict the application of
pesticides.
(17) “Public applicator” means a person who is an employee of the
State of Oregon or its agencies, counties, cities, municipal
corporations, other governmental bodies or subdivisions thereof,
irrigation districts, drainage districts and public utilities and
telecommunications utilities and who performs or carries out the work,
duties or responsibilities of a pesticide applicator.
(18) “Public trainee” means a person who is an employee of the
State of Oregon or its agencies, counties, cities, municipal
corporations, other governmental bodies or subdivisions thereof,
irrigation districts, drainage districts and public utilities and
telecommunications utility and who performs or carries out the work,
duties or responsibilities of a pesticide trainee.
(19) “Registrant” means a person registering any pesticide pursuant
to this chapter.
(20) “Restricted area” means an area established under the
provisions of this chapter to restrict, but not prohibit, the application
of pesticides.
(21) “Restricted-use pesticide” means any pesticide or device which
the department has found and determined to be so injurious or detrimental
to persons, pollinating insects, bees, animals, crops, wildlife, land or
environment, other than the pests it is intended to prevent, destroy,
control or mitigate, that additional restrictions are required.
(22) “Weed” means any plant which grows where not wanted. [1973
c.341 §3; 1987 c.447 §134]REGISTRATION, LABELING AND USE(1) Every pesticide, including each
formula or formulation, manufactured, compounded, delivered, distributed,
sold, offered or exposed for sale in this state shall be registered each
year with the State Department of Agriculture.
(2) Every device, manufactured, delivered, distributed, sold,
offered or exposed for sale in this state, shall be registered each year
with the department.
(3) The registration shall be made by the manufacturer or a
distributor of the pesticide.
(4) The application for registration shall include:
(a) The name and address of the registrant.
(b) The name and address of the manufacturer if different than the
registrant.
(c) The brand name or trademark of the pesticide.
(d) A specimen or facsimile of the label of each pesticide, and
each formula or formulation, for which registration is sought, except for
annual renewals of the registration when the label remains unchanged.
(e) The correct name and total percentage of each active ingredient.
(f) The total percentage of inert ingredients.
(5) The application for registration shall be accompanied by a
registration fee to be established by the department for each pesticide,
and each formula or formulation, which shall not exceed $120 for each
such pesticide, or each formula or formulation.
(6) The department, at the time of application for registration of
any pesticide or after a declaration of a ground water management area
under ORS 468.698 may:
(a) Restrict or limit the manufacture, delivery, distribution, sale
or use of any pesticide in this state.
(b) Refuse to register any pesticide which is highly toxic for
which there is no effective antidote under the conditions of use for
which such pesticide is intended or recommended.
(c) Refuse to register any pesticide for use on a crop for which no
finite tolerances for residues of such pesticide have been established by
either the department or the federal government.
(d) In restricting the purposes for which pesticides may be
manufactured, delivered, distributed, sold or used, or in refusing to
register any pesticide, give consideration to:
(A) The damage to health or life of humans or animals, or detriment
to the environment, which might result from the distribution and use of
such pesticide.
(B) Authoritative findings and recommendations of agencies of the
federal government and of any advisory committee or group established
under ORS 634.306 (10).
(C) The existence of an effective antidote under known conditions
of use for which the material is intended or recommended.
(D) Residual or delayed toxicity of the material.
(E) The extent to which a pesticide or its carrying agent simulates
by appearance and may be mistaken for human food or animal feed.
(7) The provisions of this section shall not, except as provided
herein, apply to:
(a) The use and purchase of pesticides by the federal government or
its agencies.
(b) The sale or exchange of pesticides between manufacturers and
distributors.
(c) Drugs, chemicals or other preparations sold or intended for
medicinal or toilet purposes or for use in the arts or sciences.
(d) Common carriers, contract carriers or public warehousemen
delivering or storing pesticides, except as provided in ORS 634.322.
[1973 c.341 §7; 1975 c.304 §9; 1989 c.709 §3; 1989 c.833 §66]Note: See note under 634.042.(1) The provisions of ORS 634.016 are not applicable to pesticides
used only for experimental or research purposes. Such pesticides shall be
conspicuously labeled “For experimental purposes only and not for sale”
in addition to the labeling requirements of ORS 634.026, except that they
need not be labeled with directions for use or the professed standard of
quality.
(2)(a) Subject to the exemptions set forth in paragraph (b) of this
subsection, before any pesticide can be used for experimental or research
purposes a person proposing to use such pesticides shall obtain approval
of the State Department of Agriculture. Application for such approval
shall contain such information as may be required by the department,
including the location and size of the plot on which the experiment or
research is to be carried out, the nature of the pesticide to be
utilized, the person responsible for such activities and the intended
disposition of any crops grown upon the experimental or research plot.
(b) The provisions of paragraph (a) of this subsection are not
applicable to:
(A) Federal or state agencies.
(B) Experiments or research carried on in greenhouses.
(3) If any person uses pesticides for experimental purposes as
provided by this section contrary to the instructions and approval issued
by the department, the department may immediately revoke such approval
and refuse to issue its approval to such persons on future applications.
[1973 c.341 §9; 1995 c.79 §324](1) If not otherwise required or prescribed by
federal law or rule, each package or container of every pesticide shall
be labeled with:
(a) The name and address of the manufacturer or person for whom it
was manufactured.
(b) The brand name or trademark under which the material is sold.
(c) The professed standard of quality of the material.
(d) The net weight or volume of the contents.
(e) Adequate and necessary directions for its proper and intended
use.
(2) In addition to the information required by subsection (1) of
this section, any pesticide which is highly toxic shall be labeled with:
(a) A sign of a skull and crossbones.
(b) The word “poison” in red on the package printed on a background
of contrasting color.
(c) A poison antidote for the material, if any.
(3) The provisions of subsection (2) of this section shall not
apply to bleaching powder or chloride of lime. [1973 c.341 §10] Pesticides shall be deemed
misbranded if:
(1) The package or container of such materials bears any false or
misleading statement.
(2) The container or package of such materials is not labeled as
required by ORS 634.026. [1973 c.341 §11] A pesticide shall be deemed
to be adulterated if:
(1) It is a pesticide other than a herbicide, defoliant or
desiccant, is intended for use on vegetation and contains any substance
which is injurious to such vegetation when used as directed under normal
growing conditions.
(2) The strength or purity of the pesticide is below the purported
or professed standard of quality as expressed in its labeling, or any
substance has been substituted wholly or in part for any ingredient of
the pesticide, or any valuable constituent thereof has been omitted
wholly or in part.
(3) The contents of the package or container of pesticide do not
meet their purported standard of quality in any other manner.
(4) The contents of the package or container represented to be a
pesticide are not definitely effective for the purpose for which
recommended. [1973 c.341 §12](1) Any poisonous or deleterious
pesticide or any pesticide which, in the opinion of the State Department
of Agriculture, is not generally recognized among experts qualified by
scientific training and experience to evaluate the safety of pesticide
chemicals as safe for use, added to a raw agricultural commodity, shall
be deemed unsafe for the purposes of the application of ORS 616.235
(1)(b), unless:
(a) A tolerance for such pesticide chemical in or on the raw
agricultural commodity has been prescribed by regulation promulgated by
the department and the quantity of such pesticide chemical in or on the
raw agricultural commodity is within the limits of the tolerance so
prescribed; or
(b) With respect to use in or on such raw agricultural commodity,
the pesticide chemical has been exempted from regulation promulgated by
the department.
(2) While a tolerance or exemption from tolerance is in effect for
a pesticide chemical with respect to any raw agricultural commodity, such
raw agricultural commodity shall not, by reason of bearing or containing
any added amount of such pesticide chemical, be considered to be
adulterated within the meaning of ORS 616.235 (1)(a), provided such
pesticide chemical or the use of such pesticide chemical is in compliance
with the law and regulations promulgated thereunder.
(3) In a fertilizer, agricultural minerals, agricultural amendment
or lime mix in which a pesticide is contained, all applicable provisions
of this chapter must be complied with. In lieu of the requirements of ORS
634.026 (1)(c), the label or invoice on a certain mix may show the name
and amount of the actual pesticide, together with the total amount of the
entire mixture, including the amount of actual pesticide, to be applied
to each acre. [1973 c.341 §13; 1979 c.29 §2; 1995 c.79 §325]PESTICIDE USE REPORTING SYSTEMNote: Sections 2 to 4, 6, 8 to 11, 15 and 22, chapter 1059, Oregon
Laws 1999, provide:
Sec. 2. As used in sections 2 to 11 of this 1999 Act:
(1) “Pesticide” has the meaning given in ORS 634.006, but does not
include antimicrobial pesticides as defined in the Federal Insecticide,
Fungicide, and Rodenticide Act, 7 U.S.C. 136 (P.L. 92-516, as amended).
(2) “Pesticide user” means any person who uses or applies a
pesticide in the course of business or any other for-profit enterprise,
or for a governmental entity, or in a location that is intended for
public use or access.
(3) “Retail pesticide dealer” means a person who sells, offers for
sale, handles, displays or distributes any pesticide but is not licensed
as a pesticide dealer under ORS 634.112. [1999 c.1059 §2]
Sec. 3. The Legislative Assembly finds and declares that the
development of a comprehensive, reliable and cost-effective system for
collecting and organizing information on all categories of pesticide use
in Oregon is needed by government agencies, researchers, policymakers and
the public to ensure the public health and safety and to protect Oregon’s
water and environment. [1999 c.1059 §3]
Sec. 4. The State Department of Agriculture shall establish and
implement a pesticide use reporting system to meet the need described in
section 3, chapter 1059, Oregon Laws 1999. In establishing and
implementing the system, the department shall:
(1) Design, develop and implement the system in order to collect,
evaluate, summarize, retain and report information on the use of
pesticides in each major category of use in Oregon, including
agriculture, forestry, industrial, urban commercial and urban homeowner
uses.
(2) At least one time each year, collect the best data practicable
from each major category of pesticide use in a manner that reduces
paperwork and reporting costs.
(3) Require all pesticide users to report basic information on
their use of pesticides that includes:
(a) The location of use. For pesticide use within an urban area, as
defined by the department by rule, the pesticide user shall report the
location of use by identifying the five-digit zip code for the location.
For pesticide use that is not within an urban area, the pesticide user
shall report the location of use by identifying the third-level
hydrologic unit for the location. As used in this paragraph, “third-level
hydrologic unit” means the basin reporting level of the 12-digit
hydrologic unit mapping system developed by the Federal Geographic Data
Committee.
(b) The name and United States Environmental Protection Agency
registration number for the pesticide product used.
(c) The quantity of pesticide product applied.
(d) The purpose of and type of site of the application.
(e) The month of the application.
(f) Subject to section 8, chapter 1059, Oregon Laws 1999, other
data gathered by pesticide applicators that the department considers
necessary to achieve the purposes of section 3, chapter 1059, Oregon Laws
1999.
(4) Develop a mechanism to ensure the accuracy, reliability and
validity of the database by providing for an independent review of the
pesticide use data and collection procedures by data quality assurance
specialists.
(5) Develop a specific mechanism to identify household and other
urban uses of pesticides. If this mechanism involves sales reporting by
retail pesticide dealers, the department shall develop a minimum monthly
sales quantity below which the retail pesticide dealer is exempt from
reporting. [1999 c.1059 §4; 2005 c.743 §1]
Sec. 6. In carrying out its responsibilities under sections 2 to 9
of this 1999 Act, the State Department of Agriculture shall seek
technical assistance as appropriate from at least the following entities:
(1) Oregon Department of Administrative Services;
(2) Department of Environmental Quality;
(3) State Department of Fish and Wildlife;
(4) State Forestry Department;
(5) Department of Human Services;
(6) Occupational Safety and Health Division of the Department of
Consumer and Business Services;
(7) Oregon Poison Center;
(8) Pesticide Analytical and Response Center; and
(9) Office of the State Fire Marshal. [1999 c.1059 §6]
Sec. 8. (1) In implementing the pesticide use reporting system, the
State Department of Agriculture shall, at a minimum:
(a) Publish an annual report summarizing the pesticide use data
reported to the department under section 4, chapter 1059, Oregon Laws
1999. The report shall include:
(A) An analysis of trends in pesticide use;
(B) An assessment of pesticide use reporting data accuracy; and
(C) Pesticide use information summarized by zip code or hydrologic
unit as described in section 4 (3)(a), chapter 1059, Oregon Laws 1999.
(b) Establish policy and adopt rules relating to the public release
of data about pesticide sales or use consistent with the limitations
provided in this section.
(2)(a) Data about pesticide use obtained under sections 2 to 9,
chapter 1059, Oregon Laws 1999, are confidential if the data would reveal
the identity of the owner or lessee or the specific location of property
where a person has applied a pesticide:
(A) For a private agricultural or forestry operation; or
(B) On private property or public property leased to a private
person.
(b) Data about pesticide sales obtained under sections 2 to 9,
chapter 1059, Oregon Laws 1999, are confidential if the data would reveal
a trade secret, as defined in ORS 646.461, of the retail outlet,
multiple-outlet retailer or associated group of retailers that reports
the data.
(c) The department may not collect pesticide use data under section
4, chapter 1059, Oregon Laws 1999, that would reveal the identity of the
owner or lessee or the specific location of property where a person has
applied a pesticide.
(3) The policy and rules that the department adopts under this
section may not limit access to data for the following purposes:
(a) Information obtained as part of any investigation under any
other provision of law;
(b) To release information obtained exclusively under sections 2 to
9, chapter 1059, Oregon Laws 1999, to any other local, state or federal
agency, if the local, state or federal agency has agreed to maintain the
confidentiality of any information that is required to be treated as
confidential under this section, unless the public interest by clear and
convincing evidence requires disclosure in the particular instance; and
(c) To release information obtained exclusively under sections 2 to
9, chapter 1059, Oregon Laws 1999, to a health or environmental
researcher acting in an official capacity from an accredited university
or accepted research institute who agrees to maintain the confidentiality
of any information that is required to be treated as confidential under
this section. [1999 c.1059 §8; 2001 c.915 §2; 2005 c.743 §2]
Sec. 9. (1) In addition to any other liability or penalty provided
by law, the Director of Agriculture may impose a civil penalty in an
amount of up to $10,000 on any person for violation of a confidentiality
agreement established under section 8 of this 1999 Act.
(2) The State Department of Agriculture shall develop by rule a
schedule establishing the amount of civil penalty that may be imposed for
a particular violation under subsection (1) of this section. Under the
schedule, the amount of the civil penalty shall correlate to the severity
of the breach of confidentiality.
(3) Any civil penalty under this section shall be imposed as
provided in ORS 183.745. [1999 c.1059 §9]
Sec. 10. Nothing in sections 2 to 9 of this 1999 Act shall be
construed to create a new private right of action against any pesticide
user or retail pesticide dealer. [1999 c.1059 §10]
Sec. 11. (1) As used in this section, “frivolous” means the matter
is not supported by substantial evidence or the matter is initiated
without reasonable prospect of prevailing.
(2) If any person files an action against another party as a result
of the operation of the pesticide use reporting system created pursuant
to sections 2 to 9 of this 1999 Act, and the court finds that the action
is frivolous or was filed in bad faith or for the purpose of harassment,
the court may impose an appropriate sanction upon the person who filed
the action. The sanction may include an order to pay to the other party
the amount of the reasonable expenses incurred by reason of the filing of
the action, including reasonable attorney fees. [1999 c.1059 §11]
Sec. 15. Notwithstanding the maximum registration fee established
under ORS 634.016 (5), for the years beginning January 1, 2002, and
ending December 31, 2009:
(1) The registration fee may not exceed $160 for each pesticide,
formula or formulation; and
(2) Up to $40 in registration fees for each pesticide, formula or
formulation may be used by the department for the implementation of the
pesticide use reporting system under sections 2 to 9, chapter 1059,
Oregon Laws 1999, as long as the Legislative Assembly appropriates an
equivalent amount of moneys from the General Fund for the system. [1999
c.1059 §15; 2005 c.743 §3]
Sec. 22. Sections 2 to 4, 6 to 11, 15 and 21 of this 1999 Act are
STATEWIDE REGULATION OF PESTICIDES The Legislative Assembly hereby
determines that the citizens of this state benefit from a system of safe,
effective and scientifically sound pesticide regulation. The Legislative
Assembly further finds that a uniform, statewide system of pesticide
regulation that is consistent, coordinated and comports with both federal
and state technical expertise is essential to the public health, safety
and welfare and that local regulation of pesticides does not materially
assist in achieving these benefits. [1996 c.10 §4 (enacted in lieu of
634.007)] No city,
town, county or other political subdivision of this state shall adopt or
enforce any ordinance, rule or regulation regarding pesticide sale or
use, including but not limited to:
(1) Labeling;
(2) Registration;
(3) Notification of use;
(4) Advertising and marketing;
(5) Distribution;
(6) Applicator training and certification;
(7) Licensing;
(8) Transportation;
(9) Packaging;
(10) Storage;
(11) Disclosure of confidential information; or
(12) Product composition. [1996 c.10 §6 (enacted in lieu of
634.009)]Notwithstanding ORS 634.057, a city, town, county or other
political subdivision of this state may adopt a policy regarding the use
of pesticides on property owned by the city, town, county or other
political subdivision adopting the policy. [1996 c.10 §8 (enacted in lieu
of 634.011)]
Nothing in ORS 634.057 shall limit the authority of a city, town, county
or other political subdivision of this state to adopt or enforce a local
ordinance, rule or regulation strictly necessary to comply with:
(1) The Uniform Building Code published by the International
Conference of Building Officials, as amended and adopted by the Director
of the Department of Consumer and Business Services;
(2) A uniform fire code; or
(3) Any requirement of a state or federal statute or regulation
pertaining to pesticides. [1996 c.10 §10 (enacted in lieu of 634.013)]In administering this chapter, the State
Department of Agriculture shall consider any concern raised by a city,
town, county or other political subdivision of the state regarding the
regulation of pesticides. [1996 c.10 §12 (enacted in lieu of 634.015)]LICENSING AND CERTIFICATION ORS
634.112 to 634.126 and 634.146 shall not apply to:
(1) Manufacturers of materials engaged in research or experimental
work on pesticides.
(2) Persons engaged in the business of a pesticide operator or
applicator only in the application of any pollenicide.
(3) Persons licensed as veterinarians under ORS chapter 686 who are
engaged in the practice of veterinary medicine within the scope of their
veterinary medicine practice and employees of licensed veterinarians when
acting within the scope of their employment.
(4) A farmer or forestland owner applying pesticides, other than
restricted-use pesticides, by use of equipment of the farmer or
forestland owner for others on an occasional basis not amounting to a
principal or regular occupation, if the farmer does not publicly hold out
as a pesticide applicator and if the pesticides that are applied are
furnished by the owner of the land on which such pesticides are applied.
(5) Persons who do not advertise or publicly hold themselves out as
being in the business of applying pesticides but whose main or principal
work or business is the maintenance of small or home lawns, shrubs or
gardens.
(6) Persons who do not advertise or publicly hold themselves out as
being in the business of applying pesticides and whose principal activity
or business as related to pesticides is selling pesticides or selling or
leasing equipment.
(7) Railroads, to the extent that the application of pesticides is
by their regular employees, on land or property under their ownership,
supervision, control or jurisdiction, except that if power-operated spray
equipment is used for applying volatile herbicides, the application shall
be under the direct supervision of a licensed public applicator. [1973
c.341 §22; 1995 c.360 §1; 2001 c.307 §1] (1)
Except as provided in ORS 634.142 (2), any license or certificate issued
or required of a pesticide consultant, dealer, operator, applicator,
private applicator or trainee by this chapter shall expire on December 31
following issuance unless it has been revoked or suspended prior thereto
by the State Department of Agriculture. At least 30 days prior to the
expiration date, the department shall by mail notify each person holding
a license or certificate of the expiration date thereof.
(2) Applications for all licenses or certificates required of a
pesticide consultant, dealer, operator, applicator, private applicator or
trainee, or renewal thereof, shall be made to the department on forms
prescribed by the department and accompanied by the prescribed fee.
(3) All such licenses or certificates are personal to the applicant
and may not be transferred to any other person.
(4) Nothing in this chapter shall be construed as requiring a
person, helping or assisting in the application of pesticides by a
licensed pesticide applicator or certified private applicator or the
pesticide application business through the performance of manual labor
only, to obtain a license or certificate, if the actual application of
pesticides is made by:
(a) A licensed pesticide applicator or a certified private
applicator; or
(b) A person applying pesticides under ORS 634.106.
(5) Failure to pay the renewal license fees when due by a pesticide
consultant, dealer, operator or applicator, or failure to pay the renewal
certificate fees by a trainee, shall forfeit the right to engage in the
activities of a pesticide consultant, dealer, operator, applicator or
trainee, as the case may be. Any person whose pesticide consultant,
dealer, operator or applicator license, or trainee certificate has been
forfeited, shall not be issued a license, certificate or renewal license
or renewal certificate except upon written application to the department
accompanied by a sum of money equal to the license or certificate fee
which should have been paid.
(6) If such person is a pesticide consultant or applicator and does
not pay the license fee during the first month in which the license fee
is delinquent, thereafter such pesticide consultant or applicator shall
not only pay the required license fee but shall also obtain a passing
grade in a reexamination given by the department for pesticide
applicators as prescribed in ORS 634.122, or otherwise demonstrate
knowledge of the subject to the satisfaction of the department.
(7) No penalty reexamination shall be required of a person whose
application for renewal of a license or certificate is accompanied by a
signed statement that prior to the application the person has not
operated or worked as a pesticide consultant, applicator or trainee, as
the case may be, during the previous six months or since the expiration
date of the last license or certificate of the person, whichever time is
less. If the department later verifies this signed statement is false,
then notwithstanding the provisions of ORS chapter 183, the department
may immediately suspend the license or certificate which was issued as a
result of such statement. Such suspension shall only be removed after the
person has complied with the applicable provisions of subsections (5) and
(6) of this section. [1973 c.341 §14; 1975 c.304 §10; 1979 c.232 §1](1)
A pesticide operator’s license, or supplements thereto, shall authorize
the licensee to engage in one or more of the classes of pest control or
pesticide application business prescribed by the State Department of
Agriculture under ORS 634.306 (2). The department may not issue a
pesticide operator license to the United States, the State of Oregon or
federal, state or local agencies, instrumentalities, political
subdivisions, counties, cities, towns, municipal corporations,
irrigation, drainage or other districts or other federal, state or local
governmental bodies.
(2) During a license period, and after a person has been issued a
license to engage in certain classes of pest control or pesticide
application business during a license period, the department upon
receiving an additional application and applicable fees, may authorize
the licensee to engage in additional classes of pest control or pesticide
application business for the remainder of the license period as
prescribed in ORS 634.306 (2).
(3)(a) The department shall establish a pesticide operator license
fee not to exceed $90 for the first class of pest control or pesticide
application business as prescribed in ORS 634.306 (2) and not to exceed
$15 for each additional class.
(b) After a person makes first application for a specific license
period, if later during the same license period the person desires to
engage in additional classes of pest control or pesticide application
businesses, such person shall pay the fee for each additional class
established by the department not to exceed $20.
(4) At least one owner or part owner of the pest control or
pesticide application business shall also obtain and maintain a pesticide
applicator’s license if the pesticide operator is a sole proprietorship
or a partnership. At least one officer or employee shall obtain and
maintain a pesticide applicator’s license if the pesticide operator is a
corporation. If a pesticide operator is found to be in violation of this
subsection, the pesticide operator’s license, notwithstanding ORS chapter
183, is automatically suspended until the pesticide operator is in
compliance. If the business is owned by one individual, the department
shall make no charge for the pesticide applicator license issued to the
individual under ORS 634.122.
(5) The department shall not issue or renew a pesticide operator’s
license until the applicant or licensee has furnished evidence to the
department, in the form of a public liability policy issued by an
insurance company qualified to do business in Oregon, protecting the
applicant or licensee against liability for injury or death to persons
and loss of or damage to property resulting from the application of
pesticides, or in lieu of a policy, has furnished a deposit of cash,
surety bond or other evidence of financial responsibility acceptable to
the department that may be applied by the department to the payment of
damages resulting from operator liability. However:
(a) Except as required under paragraph (b) of this subsection, the
financial responsibility required by this section shall not apply to
damages or injury to crops, real or personal property being worked upon
by the applicant.
(b) If the applicant or licensee is to be engaged in the business
of controlling or eradicating structural pests, or pests within a public
or private place, or pests within private or public places where food is
served, prepared or processed or where persons are regularly housed, the
financial responsibility required by this section shall apply to damages
or injury to real or personal property being worked upon, as well as all
the other real and personal property set forth in this section.
(6) The financial responsibility required by subsection (5) of this
section must be not less than $25,000 for bodily injury to one or more
persons and not less than $25,000 for property damage.
(7) Notwithstanding the provisions of ORS chapter 183, if the
licensed pesticide operator fails to maintain the financial
responsibility required by subsections (5) and (6) of this section, the
license is automatically suspended until the department again verifies
the pesticide operator is in compliance with subsections (5) and (6) of
this section. The liability insurance company shall notify the department
in writing at least 30 days prior to any cancellation of an insurance
policy required by this section.
(8) Notwithstanding the provisions of ORS 105.810 and 105.815 or
other laws to the contrary, the amount of damages for which a pesticide
operator or pesticide applicator is liable as a result of use of
pesticides, or financial responsibility for the same is limited to actual
damages only.
(9) The department shall return the deposit required by subsection
(5) of this section to the pesticide operator if the pesticide operator
at any time establishes exemption from the financial responsibility
requirements under this chapter. After the expiration of two years from
the date of an injury, death, loss or damage, the department shall return
any deposit remaining to the pesticide operator or to the personal
representative of the pesticide operator except that the department shall
not make a return if the department has received notice that an action
for damages arising out of the provisions of this section has been filed
against the pesticide operator for whom the deposit was made, and the
department has determined that the action is pending or that any judgment
resulting from the action remains unpaid.
(10) If the pesticide operator is to spray by aircraft, then the
department, in addition to other provisions of this section relating to
financial responsibility, may by rule allow aircraft pesticide operators
to reduce, suspend or terminate the liability insurance, applicable to
spraying by aircraft, and required by subsections (5) and (6) of this
section during certain periods of the year.
(11) The department may by rule allow liability insurance policies
required by subsections (5) and (6) of this section to include deductible
clauses of amounts to be determined by the department.
(12)(a) The United States, the State of Oregon or federal, state or
local agencies, instrumentalities, political subdivisions, counties,
cities, towns, municipal corporations, irrigation, drainage or other
districts or other federal, state or local governmental bodies are not
required to obtain a license as a pesticide operator or to furnish
evidence of financial responsibility to the department when:
(A) Applying pesticides to property under their ownership,
possession, control or jurisdiction;
(B) Applying pesticides pursuant to an order issued by the
department for purposes of controlling or eradicating noxious weeds or
pests; or
(C) Applying pesticides to property under the ownership,
possession, control or jurisdiction of another federal, state or local
agency, instrumentality, political subdivision, county, city, town,
municipal corporation, irrigation, drainage or other district or other
federal, state or local governmental body or of a homeowners association
as defined under ORS 94.550 if:
(i) The land is in a jurisdiction adjacent to property under their
ownership, possession, control or jurisdiction;
(ii) The application is done in conjunction with, or as an
extension of, an application of pesticides to property under their
ownership, possession, control or jurisdiction; and
(iii) The pesticide application is done on a cost recovery,
cooperative trade of services or no cost basis, and not as a source for
profit.
(b) A public utility or telecommunications utility is not required
to obtain a license as a pesticide operator or to furnish evidence of
financial responsibility to the department when applying pesticides to
property under the ownership, possession or control of the utility.
(13) Subject to subsection (15) of this section, the employees of
the agencies, instrumentalities, subdivisions, counties, cities, towns,
municipal corporations, districts, governmental bodies or utilities
described in subsection (12) of this section who perform or carry out the
work, duties or responsibilities of a pesticide applicator are subject to
the provisions of this chapter, except they shall be issued “public
applicator” licenses or, if they carry out the work, duties or
responsibilities of a pesticide trainee, shall be issued “public trainee”
certificates, if they otherwise comply or qualify with the provisions of
this chapter relating thereto.
(14) The public applicator license or public trainee certificate
shall be:
(a) Issued by the department upon payment of the fee for the
pesticide applicator license or pesticide trainee certificate.
(b) Valid and used by the licensee or certificate holder only when
applying pesticides as described in subsection (12) of this section.
(c) Renewed, suspended or revoked each year in the same manner,
under the same provisions and at the same time as other pesticide
applicator licenses and trainee certificates are renewed, suspended or
revoked.
(15) The provisions of subsection (13) of this section apply only
to:
(a) The application of restricted-use pesticides; or
(b) The application of any pesticide by using a machine-powered
device.
(16) Prior to applying pesticides to land described in subsection
(12)(a)(C) of this section, a public applicator shall inform the person
requesting pesticide application of the possible availability of
alternative sources of assistance, including sources in the private
sector that are registered with the department or with industry trade or
professional organizations.
(17) A federal, state or local agency, instrumentality, political
subdivision, county, city, town, municipal corporation, irrigation,
drainage or other district or other federal, state or local governmental
body may not solicit or advertise for pesticide application business in
areas outside its jurisdiction. [1973 c.341 §15; 1975 c.304 §11; 1987
c.317 §1; 1987 c.447 §135; 1993 c.599 §1; 2001 c.307 §2; 2005 c.96 §1] (1)
An applicant for a pesticide applicator’s license is entitled to be
examined for or to be issued a license or supplements thereto by the
State Department of Agriculture, if the applicant:
(a) Is at least 18 years of age; and
(b) Proves to the satisfaction of the department that the applicant:
(A) Has had experience as a pesticide trainee for the minimum
period and in the manner prescribed by the department;
(B) Has educational qualifications, experience or training which is
equal to the minimum standards and requirements established by the
department; or
(C) Has been licensed in Oregon as a pesticide applicator and
actively engaged in such work during the prior license period, as shall
be prescribed by the department.
(2) An applicant for a pesticide applicator’s license shall be
required to demonstrate satisfactorily by written examination or any
reexamination given by the department, an adequate knowledge of:
(a) The characteristics of pesticides and the effect of their
application to particular crops.
(b) The practices of application of pesticides.
(c) The conditions and times of application of pesticides and the
precautions to be taken in connection therewith.
(d) The applicable laws and rules relating to pesticides and their
application in this state.
(e) Integrated pest management techniques, as defined in ORS
634.650, for pest control.
(f) Other requirements or procedures which will be of benefit to
and protect the pesticide applicator, the persons who use the services of
the pesticide applicator and the property of others.
(3) Based upon the license application and the request of the
applicant, the department may examine the applicant only in any one or
more of the classes of pest control or pesticide application businesses
established by the department under ORS 634.306 (2).
(4)(a) A pesticide applicator license fee shall be established by
the department not to exceed $50 for the first class of pest control or
pesticide application business as prescribed in ORS 634.306 (2) and not
to exceed $7.50 for each additional class.
(b) After a person makes first application for a license or renewal
thereof for a specific license period, if later during the same license
period such person desires to engage in additional classes of pest
control or pesticide application business as prescribed in ORS 634.306
(2), such person shall pay the fee for each additional class established
by the department not to exceed $12.50.
(5) Examinations or reexaminations for pesticide applicator’s
licenses shall be given by the department at such time and in any of its
branch offices or other locations it deems expedient, and shall be under
the supervision of its employees or appointees. The department is
authorized to:
(a) Appoint without pay or reimbursement, employees of other state
agencies who are authorized to give examinations.
(b) Prepare and maintain various types of examinations and types
and schedules of reexaminations and to take all other measures deemed
necessary to insure that persons receiving passing grades thereto have
been fairly and reasonably tested as to their ability and that there have
been no fraudulent or dishonest means used by the applicants in applying
for or in the taking of examinations or reexaminations.
(6) If it verifies an applicant has received a passing grade on the
examination or reexamination and otherwise has complied with the
provisions of this chapter, the department shall issue a pesticide
applicator’s license.
(7) Each person who has failed to receive a passing grade or for
other reasons was not issued a license as a result of an examination or
reexamination given by the department, shall pay $5 to partially
reimburse the department for its costs to administer each reexamination
to the applicant. [1973 c.341 §16; 1975 c.304 §12; 1991 c.943 §6; 1993
c.599 §2; 1995 c.79 §326] (1) In accordance with
regulations promulgated by the State Department of Agriculture, as
provided in ORS 634.306 (1), the department shall issue or renew its
pesticide trainee’s certificate if the applicant or certificate holder:
(a) Is at least 18 years of age;
(b) Is employed by a licensed pesticide operator;
(c) Is working under the direct supervision and control of a
licensed applicator; and
(d) Is in compliance with the applicable provisions of this chapter
and regulations promulgated thereunder.
(2) The fees for a pesticide trainee’s certificate, or renewal
thereof, shall be the same as the license fee for a pesticide applicator.
[1973 c.341 §17; 1997 c.249 §193](1) The annual license fee for a pesticide
consultant shall be established by the State Department of Agriculture
not to exceed $40.
(2) An applicant for a pesticide consultant’s license shall be
required to demonstrate satisfactorily by written examination or any
reexamination given by the department, an adequate knowledge of:
(a) The characteristics of pesticides and the effect of their
application to particular crops.
(b) The practices of application of pesticides.
(c) The conditions and times of application of pesticides and the
precautions to be taken in connection therewith.
(d) The applicable laws and rules relating to pesticides and their
application in this state.
(e) Other requirements or procedures which will be of benefit to
and protect the pesticide applicators, the persons who use the services
of the pesticide applicator and the property of others.
(3) Based upon the license application and the request of the
applicant, the department may examine the applicant only in any one or
more of the classes of pesticides established by the department under ORS
634.306 (2).
(4) Examinations or reexaminations for pesticide consultant’s
licenses shall be subject to ORS 634.122 (5) to (7).
(5) This section shall not apply to licensed pesticide applicators
or operators. [1973 c.341 §18; 1975 c.304 §13; 1993 c.599 §3] (1) The annual
license fee for a pesticide dealer shall be established by the State
Department of Agriculture not to exceed $75. A separate license shall be
required for each sales outlet or location.
(2) This section shall not apply to:
(a) Any licensed pesticide operator who sells restricted-use or
highly toxic pesticides as a part of services, or through licensed
employees, through the use of the equipment of the licensed pesticide
operator.
(b) Any state, federal or governmental agency providing
restricted-use or highly toxic pesticides to its own employees for use in
its own programs.
(c) Any person who sells, offers for sale, handles or distributes
pesticide-fertilizer mixtures only in packages of 25 pounds or less in
size. [1973 c.341 §19; 1975 c.304 §14; 1993 c.599 §4] (1) The
State Department of Agriculture shall issue or renew a private
applicator’s certificate if the applicant or certificate holder meets the
certification standards established by the department pursuant to ORS
634.306 (14).
(2) A fee, established by the department, shall be assessed for a
private applicator’s certificate or renewal thereof. The fee may not
exceed $25. The time for which a certificate is valid shall be five
years. [1973 c.341 §20; 1979 c.232 §2; 2003 c.14 §390](1) Pesticide operators shall prepare and
maintain records on forms approved by the State Department of
Agriculture. Such records shall include:
(a) The name of the person for whom the pesticide was applied.
(b) The approximate location of the land or property on which the
pesticide was applied.
(c) The date and approximate time of application.
(d) The person who supplied the pesticides.
(e) The trade name and the strength of such pesticides.
(f) The amount or concentration (pounds or gallons per acre of
active ingredient or concentration per approximately 100 gallons).
(g) The specific property, crop or crops to which the pesticide was
applied.
(h) The summary information of equipment, device or apparatus used
and, if applied by aircraft, the Federal Aviation Administration number.
(i) The names of the pesticide applicator or pesticide trainees who
did the actual application or spraying.
(2) The records, which shall be kept for a period of at least three
years from the date of application of pesticides, shall be available
during business hours for review and inspection by the department.
(3) Upon receiving a request from any owner of field crops on which
pesticides were applied, the pesticide operator within 40 days after
making such application shall give or forward to the owner a written
statement setting forth the information described in subsection (1)(a),
(b), (c), (e), (f) and (g) of this section. [1973 c.341 §21; 2001 c.104
§248]LIABILITY CLAIMS PROCEDURE(1) No action against a landowner,
person for whom the pesticide was applied or pesticide operator arising
out of the use or application of any pesticide shall be commenced unless,
within 60 days from the occurrence of the loss, within 60 days from the
date the loss is discovered, or, if the loss is alleged to have occurred
out of damage to growing crops, before the time when 50 percent of the
crop is harvested, the person commencing the action:
(a) Files a report of the alleged loss with the State Department of
Agriculture;
(b) Mails or personally delivers to the landowner or pesticide
operator who is allegedly responsible for the loss a true copy of the
report provided for under paragraph (a) of this subsection; and
(c) Mails or personally delivers to the person for whom the
pesticide was applied a true copy of the report required under paragraph
(a) of this subsection if that person is not the person commencing the
action.
(2) Any person who claims to have sustained any loss arising out of
the use or application of any pesticide by any state agency, county or
municipality may file a report of loss with the department, and mail or
personally deliver a true copy of such report of loss to the state
agency, county or municipality allegedly responsible, within the time
provided in subsection (1) of this section.
(3) Upon receiving a report of loss as provided by this section:
(a) The department may investigate, examine and determine the
extent and nature of the damage alleged to have been caused to property
or crops. The department shall not determine the source of the damage,
the person who may have caused the damage or the financial extent of the
loss or damage. The department shall prepare and file in its office a
report of the investigation, examination and determination. Copies of the
report made by the department may be given upon request to persons who
are financially interested in the matter.
(b) The department at the request of, and without cost to, any
persons financially interested in the matter may undertake to mediate an
equitable settlement of the controversy.
(4) Upon receiving a request therefor from any person, other than a
person who may file a report of loss as provided by subsection (1) or (2)
of this section, the department may investigate, examine and determine
the extent and nature of damage alleged to have been caused to property
or crops arising out of the use or application of any pesticide by any
other person or any state agency, county or municipality, provided that
the person making such request reimburses the department for its work.
The department shall not determine the source of the damage, the person
who may have caused the damage or the financial extent of the loss or
damage. The department shall prepare and file in its office a report of
the investigation, examination and determination. Copies of the report
made by the department may be given upon request to persons who are
financially interested in the matter.
(5) Nothing in this section shall be construed as a waiver by the
State of Oregon or any state agency, county or municipality of any
immunity against suit which otherwise may exist.
(6) Notwithstanding ORS 634.006 (7), as used in this section,
“landowner” includes any person, firm, corporation, the state, any county
within the state, or municipality, shown by records of the county to be
the owner of land or having such land under contract for purchase. [1973
c.341 §23; 1991 c.351 §1; 1995 c.96 §2]PROTECTED AND RESTRICTED AREASThere hereby is created a protected area or restricted area
territorially identical respectively with each protected area or
restricted area existing as of October 5, 1973, or a restricted area
established pursuant to ORS 573.537 and in effect June 1, 1973, if such
existing protected area or restricted area was established or succeeded
pursuant to the provisions of ORS chapter 573. Each protected area or
restricted area hereby created shall bear the name of the formerly
designated protected area or restricted area with which it is
territorially identical. It shall succeed to the duties, obligations,
property, rights and privileges of such formerly designated protected
area or restricted area and shall function as authorized by the
provisions of this chapter. [1973 c.341 §24](1) Upon receiving a petition
of any 25 or more landowners, representing at least 70 percent of the
acres of land, situated within the territory proposed to be a protected
area, the State Department of Agriculture may establish a protected area,
in accordance with the provisions of ORS 561.510 to 561.590 governing the
procedures for the declaration of quarantines, except the consent of the
Governor is not required.
(2) The petition, referred to in subsection (1) of this section,
shall include the following:
(a) The proposed name of the protected area.
(b) The description, including proposed boundaries, of the
territory proposed to be a protected area.
(c) A concise statement of the need for the establishment of the
protected area proposed.
(d) A concise statement of the pesticides and the times, methods or
rates of pesticide applications to be restricted or prohibited and the
extent such are to be restricted or prohibited.
(e) A request that a public hearing be held by the department.
(f) The name of the person authorized to act as attorney in fact
for the petitioners in all matters relating to the establishment of a
proposed protected area.
(g) A concise statement of any desired limitations of the powers
and duties of the governing body of the proposed protected area.
(3) If more than one petition, referred to in subsection (1) of
this section, is received by the department describing parts of the same
territory, the department may consolidate all or any of such petitions.
(4) Each petition, described in subsection (1) of this section,
shall be accompanied by a filing fee of $125. Upon receipt of such
petition and payment of such fee, the department shall prepare and submit
to the petitioners an estimated budget of the costs of establishing such
proposed protected area, including cost of preparation of the estimated
budget, of the hearing and of the preparation of required documents.
Within 15 days of the receipt of the estimated budget, the petitioners
shall remit to the department the difference between the filing fee and
total estimated budget. Should the petitioners fail to remit such
difference, the department shall retain the filing fee and terminate the
procedure for establishment of a proposed protected area. If, upon
completion of the procedure for establishment of a proposed protected
area, there remains an unexpended and unencumbered balance of funds
received by the department under this section, such balance shall be
refunded to the petitioners through their designated attorney in fact.
(5) In making a determination pursuant to the authority granted
under ORS 561.520 (3), the Director of Agriculture shall consider, among
other factors, the following:
(a) The agricultural and horticultural crops, wildlife or forest
industry to be affected and their locations.
(b) The topography and climate, including temperature, humidity and
prevailing winds, of the territory in which the proposed protected area
is situated.
(c) The characteristics and properties of pesticides used or
applied and proposed to be restricted or prohibited. [1973 c.341 §25;
1999 c.59 §185; 2005 c.22 §446]In addition to the filings of an order establishing
a protected area as required by ORS 561.530 (1), a certified copy of such
order shall be filed with the Secretary of State, accompanied by a map of
a scale of at least one inch per mile, which documents shall be
maintained as a public record in the office of the Secretary of State.
Upon such required filings, the protected area shall be deemed to be a
governmental subdivision of the state and a public body corporate. [1973
c.341 §26]In any
suit, action or proceeding involving the validity or enforcement of any
proceeding or action of a protected area, the protected area shall be
deemed to have been established in accordance with the provisions of this
chapter upon proof of the filing of an order as required by ORS 634.216.
A copy of such order, certified as filed by the Secretary of State, shall
be admissible evidence in any such suit, action or proceeding and shall
be proof of the filing and contents thereof. [1973 c.341 §31](1) A
protected area, established pursuant to the provisions of this chapter,
shall be governed and administered by an area committee consisting of
five members. The term of office of each member, except as provided in
paragraphs (b) and (c) of this subsection, shall be three years. Such
area committee shall be established in accordance with the following:
(a) Within 30 days after the establishment of a protected area, as
provided in ORS 634.216, the State Department of Agriculture shall give
notice that petitions to nominate candidates for three positions on such
committee shall be accepted by the department. Such notice shall be given
by publication at least once in a newspaper of general circulation in the
protected area and by delivery of a copy of the notice to the county
clerk of the county in which the protected area is situated, who
thereafter shall post the same in a conspicuous public place. Such notice
shall contain:
(A) The address of the department;
(B) The time within which the petition to nominate is to be filed;
(C) The fact that 25 or more electors, or two-thirds of the
electors then registered, if there are less than 25, residing within the
protected area must subscribe such petition;
(D) The fact that such electors may subscribe the nominating
petition of more than one candidate for a position on said committee; and
(E) The fact that a candidate must reside within the protected area.
(b) Upon receipt of any nominating petitions described in
subsection (1)(a) of this section, the department shall prepare ballots
containing the names of the candidates, in alphabetical order of
surnames, and a space for at least one write-in candidate. If no
nominating petitions are received by the department, this fact shall be
stated upon the ballot and at least three spaces provided thereon for
write-in candidates. Such ballots shall also state the time within which
the ballots are to be returned to the department and the address of the
department. All electors within the boundaries of the territory as
determined by the department are eligible to vote in the referendum. The
department shall determine the results of such election and shall file
with the Secretary of State a declaration of the results of such
election, which declaration shall be maintained as a public record in the
office of the Secretary of State. The three candidates receiving the
largest number of the votes cast in such election shall be the three
elected members of the area commission, whose terms of office, to be
determined by lot, shall be one, two and three years respectively.
(c) Upon determining the results of the election provided in
paragraph (b) of this subsection, the department shall appoint two
members to the area committee, which appointments shall be subject to the
approval of the majority of the three elected members of said committee.
Such appointed members shall be residents of the protected area and have
knowledge of pesticides, pesticide application and existing conditions,
affecting pesticide application. The terms of office, to be determined by
lot, shall be one and two years respectively, and the department shall
thereafter appoint the successors in office of such members, as well as
those of elected members whose office is vacated prior to the expiration
of a term.
(2)(a) Upon the establishment of the area committee, the members
thereof shall designate a chairperson, secretary and treasurer, which
designations may, from time to time, be changed. A majority of the area
committee shall constitute a quorum and an act by a majority of such
quorum shall constitute an official act of the area committee.
(b) The area committee shall:
(A) Provide for surety bonds for all persons entrusted with funds
or property of the protected area;
(B) Prepare and maintain accurate and complete records of all
activities, meetings, orders and regulations of the protected area;
(C) Employ, as deemed necessary, persons to assist the area
committee in its administration and enforcement activities, including
issuance of permits to applicators;
(D) Not engage in the business of buying or selling pesticides;
(E) Promulgate, in consultation with the department, regulations as
provided in subsection (4) of this section;
(F) Carry out the procedures for the establishment of a restricted
area as provided in ORS 634.232;
(G) Prepare and make public at annual meetings to be called by the
area committee chairperson, annual reports and audits; and
(H) Be authorized to receive funds from any source and use the same
to carry out and enforce ORS 634.212 to 634.242.
(3) Each year after the establishment of a protected area and at
least 15 days prior to the annual meeting called pursuant to subsection
(2)(b)(G) of this section, the area committee shall notify the department
of the annual meeting time. Upon receipt of such notice, the department
shall initiate and carry out the procedures for election of members to
vacancies on the area committee and shall follow the procedures for
elections provided in subsection (1) of this section. The candidates
shall be elected and take office as provided in subsection (1) of this
section.
(4)(a) In accordance with the provisions of ORS chapter 183, the
area committee shall promulgate regulations governing or prohibiting the
application of pesticides within the protected area, by aircraft or
otherwise, which relate to the time, place, method of pesticide
application and other matters necessary to prevent damage or injury to
susceptible crops, insects, wildlife or forests.
(b) In promulgating such regulation, the area committee shall
consider, among other things, the:
(A) Topography and climate, including temperature, humidity and
prevailing winds;
(B) Characteristics and properties of pesticides used or applied;
and
(C) Location of susceptible crops, insects, wildlife or forests.
(c) Any interested person may petition to enlarge or restrict the
regulation of pesticide application by filing a petition to amend the
regulations of the protected area with the area committee which, in
consultation with the department and in accordance with the provisions of
ORS chapter 183, shall allow or deny such petition and amend the
regulations of the protected area accordingly. [1973 c.341 §27; 1997
c.249 §194](1) At any time after the establishment
of a protected area, the State Department of Agriculture at the request
of the area committee of such protected area, may establish a restricted
area in accordance with the provisions of ORS 561.510 to 561.590
governing the procedures for the declaration of quarantines, except the
consent of the Governor shall not be required.
(2) The request, referred to in subsection (1) of this section,
shall include the following:
(a) The description, including proposed boundaries, of the
territory proposed to be a restricted area.
(b) A concise statement of the need for the establishment of the
restricted area proposed.
(c) A concise statement of the pesticides and the times, methods or
rates of pesticide application to be restricted.
(3)(a) In considering the establishment of a restricted area
wherein herbicides are to be restricted, the outer boundaries of such
proposed restricted area shall not be in excess of 10 airline miles
beyond the outer boundary of the protected area, and if a restricted area
wherein all other pesticides are to be restricted shall not be in excess
of one airline mile beyond the outer boundary of the protected area.
(b) In considering the establishment of a restricted area, the
factors set forth in ORS 634.212 (5) shall be considered.
(c) ORS 634.216 shall apply to the establishment of a restricted
area, except that such restricted area shall be governed and administered
by the area committee of the protected area, which committee shall have
the same powers and duties set forth in ORS 634.226 (2)(b), and except
such restricted area shall not be deemed to be a governmental subdivision
of this state as a public body corporate.
(d) In the event that a restricted area is established pursuant to
subsection (1) of this section, the area committee shall be expanded to
include one additional member who resides in the restricted area, but
outside of the protected area. The additional member shall be elected in
accordance with ORS 634.226. [1973 c.341 §28](1) Upon receiving a petition of any 25 or more
landowners, representing at least 70 percent of the acres of land,
situated within a protected area, the State Department of Agriculture may
include additional adjacent territory in a protected area or withdraw
territory from a protected area. The procedures to be followed by the
department in considering such petition shall be those set forth in ORS
561.510 to 561.590 governing the procedures for the declaration of
quarantines, except that the consent of the Governor shall not be
required.
(2)(a) Upon receiving a petition of any 25 or more landowners,
representing at least 70 percent of the acres of land, situated within
two or more adjacent protected areas, the department may consolidate such
adjacent protected areas. The procedures shall be the same as described
in subsection (1) of this section.
(b) In the event of consolidation of protected areas, the corporate
existence and terms of office of the area committee members of the
preexisting protected areas shall terminate upon the filing of the order
described in ORS 634.216. ORS 634.216 applies to the newly consolidated
protected area, and all rights, powers, assets and duties of the several
preexisting protected areas shall be vested in, and assumed by the newly
consolidated protected area.
(c) The establishment, organization, duties and authority of the
area committee of the consolidated protected area shall be in accordance
with ORS 634.226. [1973 c.341 §29](1) The area committee of a protected area may levy and cause to be
collected an ad valorem tax for the purpose of paying the obligations of
the protected area incurred in the administration of its responsibilities
under this chapter.
(2) The levy in any one year shall not exceed one-fortieth of one
percent (0.00025) of the real market value of all taxable property within
the protected area, computed in accordance with ORS 308.207. The taxes
shall be levied and collected at the time and in the manner provided for
the levy and collection of state and county taxes, and shall be paid by
the county officers collecting the same to the treasurer of the protected
area. [1973 c.341 §30; 1991 c.459 §438]ADMINISTRATION AND ENFORCEMENT In
accordance with the provisions of ORS chapter 183, the State Department
of Agriculture is authorized to promulgate regulations necessary to carry
out the purposes and intent of this chapter, including but not limited to
the following:
(1) Establish and maintain a program required for a person to work
or engage in the application or spraying of pesticides as a pesticide
trainee. In this regard, the department may take into consideration:
(a) Requirements for submission of applications by pesticide
trainees.
(b) Minimum and maximum periods of work or experience required for
pesticide trainees.
(c) Work performance records or reports to be maintained by
pesticide trainees or their employers.
(d) Acceptance of educational qualifications, applicable work or
experience in similar or other fields in lieu of, or as a part of,
periods of employment or work by pesticide trainees.
(e) Forms and types of pesticide trainee certificates to be issued
by the department, authorizing trainees to apply pesticides in all or
part of the classes of operations or businesses set forth in subsection
(2) of this section.
(f) Laws and requirements relating to other professional, trade or
industry trainee or apprenticeship programs in this or other states.
(g) Special requirements if the pesticide trainee is to apply
pesticides by the use of aircraft, and the advisability of allowing
participation in federal flight training programs to be substituted, all
or in part, for training requirements under this chapter.
(2) Establish and maintain classifications of the various
pesticides and of the various pest control or pesticide application
businesses in order to facilitate the licensing or certification and
regulation of pesticide consultants, operators, applicators, private
applicators and trainees. In this regard the department may take into
consideration:
(a) Various types, formulations and characteristics of pesticides
used and their purposes.
(b) Various methods of application of such pesticides.
(c) Precautions required for safe and effective application of such
pesticides.
(3) Designate pesticides authorized to be used or applied, or
prohibited from use or application, by persons in order to qualify for an
exemption under ORS 634.106.
(4) Establish and maintain classifications of pesticides and
devices which are deemed to be highly toxic or restricted-use pesticides
or devices. In this regard, the department shall take into consideration:
(a) Laws and regulations of the federal government, including the
provisions of the Federal Insecticide, Fungicide and Rodenticide Act, as
amended, and the Federal Environmental Pesticide Control Act.
(b) Laws and regulations of other states.
(c) Advice and counsel of experts in pesticides from industry,
universities and colleges and other governmental agencies or bodies.
(5) Establish and maintain types of pesticide consultant or
applicator examinations and reexaminations, schedules for required
reexaminations and other measures deemed necessary for fair and
reasonable testing of applicants as provided in ORS 634.122 (5).
(6) Designate the conditions under which pesticide operators
spraying by aircraft may reduce, suspend or terminate the liability
insurance required by ORS 634.116, and the periods of time therefor. In
this regard, the department may take into consideration:
(a) Changes in climate or seasons.
(b) Periods when certain crops are or have been harvested.
(c) Restricted or limited use of various types or classes of
pesticides.
(d) Possibilities of injury or death to persons and loss or damage
to real or personal property.
(7) Establish the conditions and amounts allowed for deductible
classes in the liability insurance required by ORS 634.116.
(8) Establish and maintain programs of instruction or educational
courses for pesticide consultants, operators, applicators and private
applicators in cooperation with Oregon State University or others,
wherein, as far as is practicable, provisions are made so as to allow
such pesticide operators and applicators to participate only in the
instruction or courses directly or indirectly related to their particular
activities. Attendance of licensees may be required.
(9) Prepare and distribute a manual, or other form of publication,
containing information helpful and beneficial to persons engaged in
pesticide application or use or to persons preparing to qualify for
licensing as a pesticide operator, consultants or applicator and
establish charges therefor.
(10) Establish, from time to time, advisory groups or committees to
assist the department in formulation of policies, plans or regulations
under this chapter. Each member of any such group or committee so
established shall be entitled to compensation and expenses as provided in
ORS 292.495, which shall be charged to the department.
(11) Establish registration fees for pesticide brands and formulae
or formulations thereunder.
(12) Establish restrictions or prohibitions as to the form of
pesticides allowed to be mixed, applied or added to fertilizers, seed or
grains.
(13) Establish restrictions, methods and procedures in the storage,
transportation, use or application of restricted-use pesticides or highly
toxic pesticides in order to protect humans, pollinating insects, bees,
animals, crops, wildlife, land or environment.
(14) Establish and maintain a system for certification of private
applicators. In this regard, the department shall take into consideration:
(a) Laws and regulations of the federal government, including the
provisions of the Federal Environmental Pesticide Control Act of 1972, 86
Stat. 973, and the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. 135 et seq., as amended thereby, and regulations thereunder.
(b) Minimum periods of experience required and types of experience,
education or work acceptable.
(c) Forms and types of private applicator certificates to be issued
by the department, authorizing private applicators to apply pesticides in
all or part of the classifications of pesticides set forth in subsection
(4) of this section.
(15) Establish requirements for the reporting of pesticide sales,
distribution or use by any person. [1973 c.341 §32; 1999 c.1059 §13]Note: The amendments to 634.306 by section 17, chapter 1059, Oregon
Laws 1999, become operative December 31, 2009. See section 19, chapter
1059, Oregon Laws 1999. The text that is operative on and after December
31, 2009, is set forth for the user’s convenience.
634.306. In accordance with the provisions of ORS chapter 183, the
State Department of Agriculture is authorized to promulgate regulations
necessary to carry out the purposes and intent of this chapter, including
but not limited to the following:
(1) Establish and maintain a program required for a person to work
or engage in the application or spraying of pesticides as a pesticide
trainee. In this regard, the department may take into consideration:
(a) Requirements for submission of applications by pesticide
trainees.
(b) Minimum and maximum periods of work or experience required for
pesticide trainees.
(c) Work performance records or reports to be maintained by
pesticide trainees or their employers.
(d) Acceptance of educational qualifications, applicable work or
experience in similar or other fields in lieu of, or as a part of,
periods of employment or work by pesticide trainees.
(e) Forms and types of pesticide trainee certificates to be issued
by the department, authorizing trainees to apply pesticides in all or
part of the classes of operations or businesses set forth in subsection
(2) of this section.
(f) Laws and requirements relating to other professional, trade or
industry trainee or apprenticeship programs in this or other states.
(g) Special requirements if the pesticide trainee is to apply
pesticides by the use of aircraft, and the advisability of allowing
participation in federal flight training programs to be substituted, all
or in part, for training requirements under this chapter.
(2) Establish and maintain classifications of the various
pesticides and of the various pest control or pesticide application
businesses in order to facilitate the licensing or certification and
regulation of pesticide consultants, operators, applicators, private
applicators and trainees. In this regard the department may take into
consideration:
(a) Various types, formulations and characteristics of pesticides
used and their purposes.
(b) Various methods of application of such pesticides.
(c) Precautions required for safe and effective application of such
pesticides.
(3) Designate pesticides authorized to be used or applied, or
prohibited from use or application, by persons in order to qualify for an
exemption under ORS 634.106.
(4) Establish and maintain classifications of pesticides and
devices which are deemed to be highly toxic or restricted-use pesticides
or devices. In this regard, the department shall take into consideration:
(a) Laws and regulations of the federal government, including the
provisions of the Federal Insecticide, Fungicide and Rodenticide Act, as
amended, and the Federal Environmental Pesticide Control Act.
(b) Laws and regulations of other states.
(c) Advice and counsel of experts in pesticides from industry,
universities and colleges and other governmental agencies or bodies.
(5) Establish and maintain types of pesticide consultant or
applicator examinations and reexaminations, schedules for required
reexaminations and other measures deemed necessary for fair and
reasonable testing of applicants as provided in ORS 634.122 (5).
(6) Designate the conditions under which pesticide operators
spraying by aircraft may reduce, suspend or terminate the liability
insurance required by ORS 634.116, and the periods of time therefor. In
this regard, the department may take into consideration:
(a) Changes in climate or seasons.
(b) Periods when certain crops are or have been harvested.
(c) Restricted or limited use of various types or classes of
pesticides.
(d) Possibilities of injury or death to persons and loss or damage
to real or personal property.
(7) Establish the conditions and amounts allowed for deductible
classes in the liability insurance required by ORS 634.116.
(8) Establish and maintain programs of instruction or educational
courses for pesticide consultants, operators, applicators and private
applicators in cooperation with Oregon State University or others,
wherein, as far as is practicable, provisions are made so as to allow
such pesticide operators and applicators to participate only in the
instruction or courses directly or indirectly related to their particular
activities. Attendance of licensees may be required.
(9) Prepare and distribute a manual, or other form of publication,
containing information helpful and beneficial to persons engaged in
pesticide application or use or to persons preparing to qualify for
licensing as a pesticide operator, consultants or applicator and
establish charges therefor.
(10) Establish, from time to time, advisory groups or committees to
assist the department in formulation of policies, plans or regulations
under this chapter. Each member of any such group or committee so
established shall be entitled to compensation and expenses as provided in
ORS 292.495, which shall be charged to the department.
(11) Establish registration fees for pesticide brands and formulae
or formulations thereunder.
(12) Establish restrictions or prohibitions as to the form of
pesticides allowed to be mixed, applied or added to fertilizers, seed or
grains.
(13) Establish restrictions, methods and procedures in the storage,
transportation, use or application of restricted-use pesticides or highly
toxic pesticides in order to protect humans, pollinating insects, bees,
animals, crops, wildlife, land or environment.
(14) Establish and maintain a system for certification of private
applicators. In this regard, the department shall take into consideration:
(a) Laws and regulations of the federal government, including the
provisions of the Federal Environmental Pesticide Control Act of 1972, 86
Stat. 973, and the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. 135 et seq., as amended thereby, and regulations thereunder.
(b) Minimum periods of experience required and types of experience,
education or work acceptable.
(c) Forms and types of private applicator certificates to be issued
by the department, authorizing private applicators to apply pesticides in
all or part of the classifications of pesticides set forth in subsection
(4) of this section.The increasing formulation,
distribution, application and use of pesticides and other synthetic
chemicals have created serious problems with storage, disposition and
transportation of pesticides and other synthetic chemicals which cannot
or should not be distributed, applied or used. Such problems include but
are not limited to the recall and storage of pesticides and other
synthetic chemicals prohibited from distribution, application or use
because of a violation of or noncompliance with a law or regulation. The
State Department of Agriculture shall review scientific information
relating to such problems and develop immediate and long-range programs
or plans for solutions to such problems, and for these purposes seek the
advice of governmental agencies or bodies. [1973 c.341 §4; 1993 c.742
§112] The
State Department of Agriculture may establish, maintain and amend lists
of pesticides and devices which are highly toxic or restricted-use
pesticides or devices. [1973 c.341 §8] In carrying out and
enforcing the provisions of this chapter, the State Department of
Agriculture is authorized:
(1) To collect samples of pesticides from any source, for analysis
to determine compliance with this chapter.
(2) In accordance with the provisions of ORS 561.605 to 561.630, to
seize or embargo any pesticide or device which is misbranded, adulterated
or otherwise in violation of this chapter.
(3) Notwithstanding the provisions of ORS 561.605 to 561.630,
whenever the department has reasonable cause to believe a pesticide or
device is being formulated, distributed, stored or transported in
violation of any of the provisions of this chapter, to issue and serve a
written “stop sale, use or removal” order to and upon the owner or person
in custody of any such pesticide or device. In the event the owner or
person in custody is not available for service of the order, the
department may attach a copy of the order to the pesticide or device.
Upon issuance of the order, the pesticide or device shall not be sold,
used or removed until the provisions of this chapter have been complied
with and the pesticide or device has been released, by written notice of
the department, under conditions specified by the department.
(4) In accordance with the provisions of ORS chapter 183, to
revoke, suspend or refuse to issue or renew any license or certificate if
it determines that an applicant, licensee or certificate holder has
violated any of the provisions of this chapter.
(5) In accordance with the provisions of ORS chapter 183, to amend,
suspend or revoke the registration of a pesticide for violation of any of
the provisions of this chapter.
(6) To establish limitations and procedures deemed necessary and
proper for the protection of persons, pollinating insects, bees, animals,
crops, wildlife, land or environment, on the following:
(a) Quantities of packages;
(b) Quantities of sales;
(c) Uses or applications;
(d) Methods of sale, including prescription or permit requirements;
or
(e) Persons to whom sold.
(7) To inspect any records required to be maintained by persons
formulating, distributing, using or selling the pesticides described in
ORS 634.306 (4), and to cause monitoring of the effects of such
pesticides on human or animal life in any area where it is used or
applied by a recognized and qualified person or agency.
(8) To enter into cooperative and reciprocal agreements with the
federal government, or any of its agencies, for the purpose of
enforcement of the provisions of this chapter or federal laws and
regulations on the same subject matters, and to receive and expend funds
pursuant to such agreements in furtherance of such purpose.
(9) To cooperate with, and request the assistance of, Oregon State
University, governmental agencies or other persons for the purpose of
enforcement of the provisions of this chapter.
(10)(a) To act jointly in, and with the concurrence of the State
Forester and a research specialist designated by Oregon State University,
the issuance of permits for the use of isopropyl ester of 2,4-D or any
other ester of equal or higher volatility with regard to plant damage.
Each such permit shall specify:
(A) The particular ester allowed;
(B) The boundaries of the area in which it may be used; and
(C) The prescribed time limit and condition under which it may be
applied.
(b) Such permits shall only be issued when the issuing authority
determines that the use of the ester will not damage agricultural and
forest products and susceptible crops. In making such determination, the
issuing authority shall consider research data, topography, climate,
temperature, humidity, prevailing winds, characteristics of the ester and
location of agricultural and forest products and susceptible crops. Such
permits may be issued subject to conditions prescribed by the issuing
authority. Issuance of such permit shall not be construed as a waiver of
any of the provisions of this chapter. [1973 c.341 §33; 1979 c.232 §3] (1) The State
Department of Agriculture shall deposit all fees paid to it under the
provisions of this chapter in the Department of Agriculture Service Fund.
Such moneys are continuously appropriated to the department for the
purpose of administering and enforcing the provisions of this chapter.
(2) An amount of the fees and moneys referred to in subsection (1)
of this section not to exceed 10 percent of registration fees received
under ORS 634.016 may be used by the department pursuant to agreements
entered into between the department and the Dean of the College of
Agricultural Sciences of Oregon State University, with the advice of the
Minor Crops Advisory Committee for the purposes set forth in subsection
(3) of this section.
(3) The amounts provided for in subsection (2) of this section
shall be used by the Dean of the College of Agricultural Sciences of
Oregon State University for research projects and investigations agreed
upon by the dean and the department directed toward obtaining pesticide
use registrations needed by growers to produce crops economically in
Oregon. [1973 c.341 §35; 1979 c.499 §33; 1989 c.709 §4]742 §111]742 §111]PROHIBITIONS A person may not:
(1) Make false or misleading claims through any media, relating to
the effect of pesticides or application methods to be utilized.
(2) As a pesticide applicator or operator, intentionally or
willfully apply or use a worthless pesticide or any pesticide
inconsistent with its labeling, or as a pesticide consultant or dealer,
recommend or distribute such pesticides.
(3) Operate a faulty or unsafe pesticide spray apparatus, aircraft
or other application device or equipment.
(4) Perform pesticide application activities in a faulty, careless
or negligent manner.
(5) Refuse or neglect to prepare and maintain records required to
be kept by the provisions of this chapter.
(6) Make false, misleading or fraudulent records, reports or
application forms required by the provisions of this chapter.
(7) Operate pesticide applicators’ apparatus, machinery or
equipment without a licensed pesticide applicator or certified private
applicator performing the actual application, or supervising such
application if such is performed by a pesticide trainee. This prohibition
does not apply to the operation of tractors, trucks or other vehicular
equipment used only under the supervision of a certified private
applicator.
(8) As a pesticide applicator, work or engage in the application of
any classes of pesticides without first obtaining and maintaining a
pesticide applicator’s license, or apply pesticides that are not
specifically authorized by such license.
(9) As a pesticide operator, engage in the business of, or
represent or advertise as being in the business of, applying pesticides
upon the land or property of another, without first obtaining and
maintaining a pesticide operator’s license. The operator also may not
engage in a class of pesticide application business that is not
specifically authorized by license issued by the State Department of
Agriculture. The operator also may not employ or use any person to apply
or spray pesticides who is not a licensed pesticide applicator or
pesticide trainee.
(10) As a pesticide trainee, work or engage in the application of
any class of pesticides without first obtaining and maintaining a
pesticide trainee’s certificate and is otherwise in compliance with the
provisions of this chapter.
(11) Act as, or purport to be, a pesticide dealer or advertise as
such without first obtaining and maintaining a pesticide dealer’s license.
(12) Act as, or purport to be, a pesticide consultant without first
obtaining and maintaining a pesticide consultant’s license.
(13) Apply any pesticide classified as a restricted-use or highly
toxic pesticide to agricultural, horticultural or forest crops on land
owned or leased by the person without first obtaining and maintaining a
private applicator certificate.
(14) As a person described in ORS 634.106 (5), use power-driven
pesticide application equipment or devices (use hand or backpack types
only), or use or apply any pesticide other than those prescribed by the
department.
(15) Deliver, distribute, sell or offer for sale any pesticide that
is misbranded.
(16) Formulate, deliver, distribute, sell or offer for sale any
pesticide that is adulterated.
(17) Formulate, deliver, distribute, sell or offer for sale any
pesticide that has not been registered as required by ORS 634.016.
(18) Formulate, deliver, distribute, sell or offer for sale any
powdered pesticide containing arsenic or any highly toxic fluoride that
is not distinctly colored.
(19) Distribute, sell or offer for sale any pesticide except in the
manufacturer’s original unbroken package.
(20) Make application of pesticides, by aircraft or otherwise,
within a protected or restricted area without first obtaining a permit
for such application from the committee of the protected or restricted
area in which the application is to be made. The person also may not make
such application contrary to the conditions or terms of the permit so
issued.
(21) Use isopropyl ester of 2,4-D, or any other ester of equal or
higher volatility with regard to plant damage as determined by the
department, without first obtaining a permit for such use as provided in
ORS 634.322 (10).
(22) Sell, use or remove any pesticide or device subjected to a
“stop sale, use or removal” order until the pesticide or device has been
released therefrom as provided in ORS 634.322 (3).
(23) Fail to comply with any provision or requirement of sections 2
to 9, chapter 1059, Oregon Laws 1999, or rules adopted thereunder. [1973
c.341 §34; 1987 c.158 §121; 1995 c.360 §2; 1999 c.1059 §14; 2001 c.307 §3]Note: The amendments to 634.372 by section 18, chapter 1059, Oregon
Laws 1999, become operative December 31, 2009. See section 19, chapter
1059, Oregon Laws 1999. The text that is operative on and after December
31, 2009, including amendments by section 4, chapter 307, Oregon Laws
2001, is set forth for the user’s convenience.
(1) Make false or misleading claims through any media, relating to
the effect of pesticides or application methods to be utilized.
(2) As a pesticide applicator or operator, intentionally or
willfully apply or use a worthless pesticide or any pesticide
inconsistent with its labeling, or as a pesticide consultant or dealer,
recommend or distribute such pesticides.
(3) Operate a faulty or unsafe pesticide spray apparatus, aircraft
or other application device or equipment.
(4) Perform pesticide application activities in a faulty, careless
or negligent manner.
(5) Refuse or neglect to prepare and maintain records required to
be kept by the provisions of this chapter.
(6) Make false, misleading or fraudulent records, reports or
application forms required by the provisions of this chapter.
(7) Operate pesticide applicators’ apparatus, machinery or
equipment without a licensed pesticide applicator or certified private
applicator performing the actual application, or supervising such
application if such is performed by a pesticide trainee. This prohibition
does not apply to the operation of tractors, trucks or other vehicular
equipment used only under the supervision of a certified private
applicator.
(8) As a pesticide applicator, work or engage in the application of
any classes of pesticides without first obtaining and maintaining a
pesticide applicator’s license, or apply pesticides that are not
specifically authorized by such license.
(9) As a pesticide operator, engage in the business of, or
represent or advertise as being in the business of, applying pesticides
upon the land or property of another, without first obtaining and
maintaining a pesticide operator’s license. The operator also may not
engage in a class of pesticide application business that is not
specifically authorized by license issued by the State Department of
Agriculture. The operator also may not employ or use any person to apply
or spray pesticides who is not a licensed pesticide applicator or
pesticide trainee.
(10) As a pesticide trainee, work or engage in the application of
any class of pesticides without first obtaining and maintaining a
pesticide trainee’s certificate and is otherwise in compliance with the
provisions of this chapter.
(11) Act as, or purport to be, a pesticide dealer or advertise as
such without first obtaining and maintaining a pesticide dealer’s license.
(12) Act as, or purport to be, a pesticide consultant without first
obtaining and maintaining a pesticide consultant’s license.
(13) Apply any pesticide classified as a restricted-use or highly
toxic pesticide to agricultural, horticultural or forest crops on land
owned or leased by the person without first obtaining and maintaining a
private applicator certificate.
(14) As a person described in ORS 634.106 (5), use power-driven
pesticide application equipment or devices (use hand or backpack types
only), or use or apply any pesticide other than those prescribed by the
department.
(15) Deliver, distribute, sell or offer for sale any pesticide that
is misbranded.
(16) Formulate, deliver, distribute, sell or offer for sale any
pesticide that is adulterated.
(17) Formulate, deliver, distribute, sell or offer for sale any
pesticide that has not been registered as required by ORS 634.016.
(18) Formulate, deliver, distribute, sell or offer for sale any
powdered pesticide containing arsenic or any highly toxic fluoride that
is not distinctly colored.
(19) Distribute, sell or offer for sale any pesticide except in the
manufacturer’s original unbroken package.
(20) Make application of pesticides, by aircraft or otherwise,
within a protected or restricted area without first obtaining a permit
for such application from the committee of the protected or restricted
area in which the application is to be made. The person also may not make
such application contrary to the conditions or terms of the permit so
issued.
(21) Use isopropyl ester of 2,4-D, or any other ester of equal or
higher volatility with regard to plant damage as determined by the
department, without first obtaining a permit for such use as provided in
ORS 634.322 (10).
(22) Sell, use or remove any pesticide or device subjected to a
“stop sale, use or removal” order until the pesticide or device has been
released therefrom as provided in ORS 634.322 (3).THIRAM STUDY AND RESTRICTIONSThe Workers’ Compensation Board shall cause the
Occupational Health Section to conduct a study or insure that a study is
conducted, of the effects on occupational health and safety of the use in
reforestation activities of tree seedlings treated with the pesticide
thiram or any formulation containing the chemical tetramethylthiuram
disulfide. The study shall include evaluation of alternative
precautionary measures that may be taken to protect the health and safety
of individuals involved in reforestation activities who handle tree
seedlings treated with thiram. The board shall report its findings and
recommendations to the State Department of Agriculture not later than
December 1, 1976. [1975 c.777 §2]The Workers’ Compensation Board shall as a
result of the study direct the Occupational Health Section to promulgate
rules and regulations to insure that adequate precautionary measures and
procedures are followed during the use of thiram in reforestation
operations. [1975 c.777 §3] Notwithstanding
any other provision of this chapter, the State Department of Agriculture
shall not register or otherwise authorize the use of the pesticide thiram
as a repellent on forest tree seedlings after June 1, 1977, unless a
report to the department made pursuant to ORS 634.410 to 634.425 states
that thiram may be used for such purpose without creating a serious
health or safety hazard to individuals involved in reforestation
activities who handle tree seedlings treated with thiram and that
adequate precautionary measures may be reasonably undertaken to offset
any substantial hazards involved in the use of thiram. [1975 c.777 §4] Nothing in ORS
634.410 to 634.425 shall be construed so as to limit the authority of the
State Department of Agriculture to refuse registration of the chemical
thiram prior to June 1, 1977. [1975 c.777 §5]TRIBUTYLTIN COMPOUNDS As used in ORS
634.500 to 634.520:
(1) “Low-leaching tributyltin antifouling paint or coating” means a
tributyltin-based marine antifouling paint or coating that has a steady
state release rate of not more than 5.0 micrograms per square centimeter
per day as determined in accordance with a United States Environmental
Protection Agency (EPA) testing procedure as outlined in the EPA data
call-in notice of July 29, 1986, on tributyltin in antifoulant paints
under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.
136. If a lower release rate is determined by the Environmental Quality
Commission to be necessary to protect health or the environment, such
rate, if adopted by rule by the commission, shall be the acceptable
release rate.
(2) “Tributyltin-based marine antifouling paint or coating” means a
paint, coating or treatment that contains tributyltin or a triorganotin
compound used as a substitute for tributyltin and that is intended to
control fouling organisms in a freshwater or marine environment.
(3) “Waters of the state” has the meaning given that term in ORS
468B.005. [1987 c.207 §2]Except as provided in ORS 634.510 to
634.520, a person may not sell, offer to sell or use in this state
tributyltin-based marine antifouling paint or coating unless a method of
using such paint or coating exists that does not result in the release of
tributyltin or derivative or organotin into the waters of the state.
[1987 c.207 §3] A tributyltin-based marine antifouling
paint or coating may be sold or used in this state if the paint or
coating is:
(1) Sold and used in accordance with ORS 634.515 and 634.520; and
(2)(a) A low-leaching tributyltin antifouling paint or coating used
on aluminum hulls;
(b) A low-leaching tributyltin antifouling paint or coating used on
a ship that is more than 25 meters in length; or
(c)(A) In a spray can containing 16 ounces or less of paint or
coating; and
(B) Commonly referred to as an outboard or lower drive unit paint.
[1987 c.207 §4] (1) Except as
provided in subsection (2) of this section, in addition to any other
limitation on a restricted use pesticide under this chapter, on and after
September 27, 1987:
(a) A low-leaching tributyltin antifouling paint or coating may be
sold in Oregon only by a pesticide dealer licensed under ORS 634.112.
(b) A pesticide dealer licensed under ORS 634.112 may sell
low-leaching tributyltin antifouling paint or coating only to a person
who certifies in writing that the paint or coating is to be used for one
of the uses allowed under ORS 634.510.
(2) Notwithstanding any provision of this chapter or any rule
adopted thereunder, a pesticide dealer may sell low-leaching tributyltin
antifouling paint or coating to any person, whether or not the person is
a licensed applicator. [1987 c.207 §5] (1) Any pesticide dealer
licensed under ORS 634.112 who sells low-leaching tributyltin antifouling
paint or coating shall submit a periodic report to the State Department
of Agriculture.
(2) The report required under subsection (1) of this section shall
be submitted to the department on a periodic basis as established by the
department. The report shall include the following information about
sales of low-leaching tributyltin antifouling paint or coating:
(a) The name of any person purchasing the paint or coating;
(b) The amount sold to each purchaser; and
(c) The use for which the purchaser certified the paint or coating
was to be used. [1987 c.207 §6]PESTICIDE ANALYTICAL RESPONSE CENTER (1) There is
created a Pesticide Analytical and Response Center with a governing board
consisting of the following members:
(a) The Director of Agriculture or designee.
(b) The State Forester or designee.
(c) The State Fish and Wildlife Director or designee.
(d) The Director of the Department of Environmental Quality or
designee.
(e) The Director of Human Services or designee.
(f) The Administrator of the Occupational Safety and Health
Division or designee.
(g) The State Fire Marshal or designee.
(h) The Director of the Poison Control and Drug Information Program
of the Oregon Health and Science University or designee.
(i) One citizen from the state at large appointed jointly by the
Director of Agriculture and the Director of Human Services.
(2) The Director of Agriculture shall appoint an administrator for
the Pesticide Analytical and Response Center, who shall be responsible to
the board for performance of the duties of the center and the board.
(3) The Director of Agriculture or designee and the Director of
Human Services or designee shall alternate as chairperson of the board
for terms of one year each. When one is serving as chairperson, the other
shall serve as vice chairperson.
(4) The board shall seek expert consultation from the extension
service toxicology program, the Center for Research on Occupational and
Environmental Toxicology and such other sources as may be needed.
(5) The functions of the board are to:
(a) Direct the activities and priorities of the administrator of
the center.
(b) Centralize receiving of information relating to actual or
alleged health and environmental incidents involving pesticides.
(c) Mobilize expertise necessary for timely and accurate
investigation of pesticide incidents and analyses of associated samples.
(d) Identify trends and patterns of problems related to pesticide
use.
(e) Make recommendations for action to a state agency when a
majority of the board considers that such action may be warranted on the
basis of the findings of an incident investigation or on the basis of
identification of a trend or pattern of problems. Recommended actions may
include, but not be limited to, regulatory action, modification of
administrative rules, proposal of new legislation, public education and
consultation to industry.
(f) Report in a standardized format the results of the
investigations of pesticide incidents.
(g) Establish by consensus, procedures for carrying out its
responsibilities within the limits of available resources.
(h) Prepare and submit to each session of the Legislative Assembly
a report of the activities of the center that includes a record of
recommendations made by the board and the actions resulting from the
board’s work.
(6) Upon receipt of a recommendation from the board, a state agency
shall respond in a timely manner to inform the board of actions taken or
the reasons for taking no action on the recommendation.
(7) Any medical information received by a member of the board or by
a staff member of the center in the course of carrying out the duties of
the center or the board shall be held confidential as provided in ORS
192.518 to 192.526 and 433.008.
(8) The functions of the board do not supersede the regulatory
authority of any agency and are not in lieu of the regulatory authority
of any agency. [1991 c.729 §2; 2001 c.2 §1; 2003 c.86 §14]MINOR CROPS ADVISORY COMMITTEE(1) There is created the Minor Crops Advisory Committee in the
State Department of Agriculture consisting of six members appointed by
the Director of Agriculture and the coordinator of the Interregional
Project Number 4 program at Oregon State University who shall be a
permanent member.
(2) The director, as far as practicable, shall make appointments to
the advisory committee so that the committee is representative of all
segments of agriculture.
(3) Each appointed member shall serve a term of three years
beginning July 1 of the year of appointment. A member shall continue to
serve until a successor is appointed. Vacancies in office shall be filled
by appointment for the unexpired term.
(4) The committee shall meet at the call of the chairperson or the
Director of Agriculture. A majority of the members present at any meeting
shall constitute a quorum, and a majority vote of the quorum at any
meeting shall constitute an official act of the committee.
(5) At the first meeting after July 1 of each year, the committee
shall select a chairperson. The Dean of the College of Agricultural
Sciences of Oregon State University and the Director of Agriculture, or
their representatives, shall be ex officio members without the right to
vote.
(6) Members of the committee shall be eligible for compensation and
expenses as provided in ORS 292.495.
(7) The committee shall:
(a) Advise the department in the administration of ORS 634.016 to
634.042 as relates to minor crop use registrations;
(b) Cooperate with the United States Department of Agriculture’s
Interregional Project Number 4 and the United States Environmental
Protection Agency in obtaining federal registrations of pesticides for
minor crop uses; and
(c) Maintain close contact between the department and agricultural
producers regarding the need for research to support registration of
pesticides for minor crops. [1989 c.709 §2]INTEGRATED PEST MANAGEMENT As used in ORS
634.650 to 634.665:
(1) “Integrated pest management” means a coordinated
decision-making and action process that uses the most appropriate pest
control methods and strategy in an environmentally and economically sound
manner to meet agency pest management objectives. The elements of
integrated pest management include:
(a) Preventing pest problems;
(b) Monitoring for the presence of pests and pest damage;
(c) Establishing the density of the pest population, which may be
set at zero, that can be tolerated or correlated with a damage level
sufficient to warrant treatment of the problem based on health, public
safety, economic or aesthetic thresholds;
(d) Treating pest problems to reduce populations below those levels
established by damage thresholds using strategies that may include
biological, cultural, mechanical and chemical control methods and that
shall consider human health, ecological impact, feasibility and cost
effectiveness; and
(e) Evaluating the effects and efficacy of pest treatments.
(2) “Pest” means any vertebrate or invertebrate animal, pathogen,
parasitic plant, weed or similar or allied organism which can cause
disease or damage to crops, trees, shrubs, grasses or other plants,
humans, animals or property. [1991 c.943 §1]Note: 634.650 to 634.665 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 634 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The Legislative Assembly declares that it is the
policy of the State of Oregon to require all state agencies that have
pest control responsibilities to follow the principles of integrated pest
management. [1991 c.943 §2]Note: See note under 634.650.
Each of the following state agencies or services shall implement
integrated pest management practices when carrying out the agency’s
duties related to pest control:
(1) State Department of Agriculture, including the control of
noxious weeds.
(2) State Department of Fish and Wildlife.
(3) Department of Transportation.
(4) State Parks and Recreation Department.
(5) State Forestry Department.
(6) Department of Corrections.
(7) Oregon Department of Administrative Services.
(8) The Department of State Lands.
(9) Each Oregon institution of higher education, for the
institution’s own building and grounds maintenance. [1991 c.943 §3; 2003
c.14 §391]Note: See note under 634.650.(1) Each state agency or institution listed under
ORS 634.660 shall provide integrated pest management training for
employees responsible for pest management.
(2) Each state agency or institution listed under ORS 634.660 shall
designate an integrated pest management coordinator. The integrated pest
management coordinator shall manage the integrated pest management
program of the agency or institution. [1991 c.943 §4; 2001 c.413 §11]Note: See note under 634.650.CIVIL PENALTIES (1) In addition to
any other liability or penalty provided by law, the Director of
Agriculture may impose a civil penalty on a person for violation of any
of the provisions of this chapter relating to pesticide application, sale
or labeling. The civil penalty for a first violation shall be a fine of
not more than $1,000. Upon a second violation, the State Department of
Agriculture may impose a fine of not more than $2,000.
(2) A civil penalty may not be imposed under this section for
violations other than those involving pesticide application, sale or
labeling violation under this chapter. The director in every case shall
prescribe a reasonable time for elimination of a violation:
(a) Not to exceed 30 days after first notice of a violation; or
(b) In cases where the violation requires more than 30 days to
correct, such time as is specified in a plan of correction found
acceptable by the director. [1989 c.943 §2] (1) Any civil
penalty under ORS 634.900 shall be imposed as provided in ORS 183.745.
(2) Notwithstanding ORS 183.745, the person to whom the notice is
addressed shall have 10 days from the date of service of the notice in
which to make written application for a hearing before the Director of
Agriculture. [1989 c.943 §3; 1991 c.734 §57; 1999 c.59 §186] A civil penalty imposed
under ORS 634.900 may be remitted or reduced upon such terms and
conditions as the Director of Agriculture considers proper and consistent
with the public health and safety. [1989 c.943 §4] (1) The
State Department of Agriculture shall adopt by rule a schedule
establishing the amount of civil penalty that may be imposed for a
particular violation.
(2) In imposing the penalty pursuant to the schedule authorized by
this section, the Director of Agriculture shall consider the following
factors:
(a) The past history of the person incurring a penalty in taking
all feasible steps or procedures necessary or appropriate to correct any
violation.
(b) Any prior violations of statutes, rules or orders pertaining to
pesticide application, sale or labeling.
(c) The gravity and magnitude of the violation.
(d) Whether the violation was repeated or continuous.
(e) Whether the cause of the violation was an unavoidable accident,
negligence or an intentional act.
(f) The violator’s cooperativeness and efforts to correct the
violation.
(g) The immediacy and extent to which the violation threatens the
public health or safety. [1989 c.943 §5] All penalties recovered
under ORS 634.900 to 634.915 shall be deposited by the State Treasurer in
the Department of Agriculture Service Fund. Such moneys are continuously
appropriated to the State Department of Agriculture to be used for
information and education related to pesticide application. [1989 c.943
§8]CRIMINAL PENALTIES Violation of any of the provisions of
this chapter is an unclassified misdemeanor and is punishable, upon the
first conviction, by a fine of not more than $1,000, or by imprisonment
in the county jail for not more than one year, or both, and upon a second
or additional conviction, by a fine of not more than $2,000, or by
imprisonment in the county jail for not more than one year, or both.
[1973 c.341 §36]
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