2007 Oregon Code - Chapter 634 :: Chapter 634 - Pesticide Control
Chapter 634 —
Pesticide Control
2007 EDITION
PESTICIDE CONTROL
FOOD AND OTHER COMMODITIES
GENERAL PROVISIONS
634.005Â Â Â Â Short
title; policy statement
634.006Â Â Â Â Definitions
REGISTRATION, LABELING AND USE
634.016Â Â Â Â Registration
of pesticides and application devices; fee; contents of application;
restriction on pesticide distribution and use; exemptions
634.022Â Â Â Â Exemption
from registration for experimental pesticides; approval required for use of
experimental pesticides; applicability of law
634.026Â Â Â Â Pesticide
labeling requirements; highly toxic pesticides; applicability of law
634.032Â Â Â Â When
pesticide is misbranded
634.036Â Â Â Â When
pesticide is adulterated
634.042Â Â Â Â Unsafe
use of certain pesticides on raw agricultural commodities; tolerances and
exemptions; applicability to fertilizers, agricultural minerals and lime mix
PESTICIDE USE REPORTING SYSTEM
(Temporary provisions relating to the pesticide use reporting system
are compiled as notes following ORS 634.042)
STATEWIDE REGULATION OF PESTICIDES
634.055Â Â Â Â Legislative
findings
634.057Â Â Â Â State
preemption of local pesticide regulation
634.060Â Â Â Â Actions
allowed by city, town, county or other political subdivision
634.063Â Â Â Â Exceptions
to state preemption of pesticide regulation
634.065Â Â Â Â Department
consideration of concerns raised by city, town, county or political subdivision
LICENSING AND CERTIFICATION
634.106Â Â Â Â Applicability
of ORS 634.112 to 634.126 and 634.146
634.112Â Â Â Â Renewal
of licenses or certificates; delinquency
634.116Â Â Â Â Pesticide
operator license; authorized activities; fees; pesticide applicator license;
liability insurance; limitation on damages; rules; exemptions
634.122Â Â Â Â Applicator
license; qualifications; examination; fee
634.126Â Â Â Â Trainee
certificate; renewal; fee
634.132Â Â Â Â Consultant
license; fee; qualifications; examination; applicability of law
634.136Â Â Â Â Dealer
license; fee; applicability of law
634.142Â Â Â Â Private
applicator certificate; standards; fee
634.146Â Â Â Â Records
required of operators; retention period; report to owner of treated field crops
LIABILITY CLAIMS PROCEDURE
634.172Â Â Â Â Procedure
for making liability claim against landowner or pesticide operator;
investigation of report of loss; claim procedure not waiver of governmental
immunity
PROTECTED AND RESTRICTED AREAS
634.206Â Â Â Â Continuation
of protected and restricted areas created by former law
634.212Â Â Â Â Formation
of protected areas; petition; filing fee; guidelines for determinations by
director
634.216Â Â Â Â Protected
area as governmental subdivision upon completion of required filings
634.222Â Â Â Â Determination
of lawful establishment of protected area in actions or proceedings; certified
copy of filed order as evidence
634.226Â Â Â Â Protected
area governing committee; member election and terms; committee officers; duties
and powers; rulemaking authority
634.232Â Â Â Â Restricted
area formation; matters to be considered; additional area committee member
634.236Â Â Â Â Increasing
or decreasing size of protected area; consolidation of areas
634.242Â Â Â Â Taxing
power of area committee; limitation on amount of levy
ADMINISTRATION AND ENFORCEMENT
634.306Â Â Â Â General
duties and powers of department; rules
634.312Â Â Â Â Department
to develop programs for solution of pesticide and synthetic chemical problems
634.316Â Â Â Â List
of highly toxic and restricted-use pesticides
634.322Â Â Â Â Enforcement
powers of department
634.326Â Â Â Â Use
of moneys received by department
PROHIBITIONS
634.372Â Â Â Â Prohibited
acts
THIRAM STUDY AND RESTRICTIONS
634.410Â Â Â Â Study
of effects of thiram on health and safety; evaluation; report
634.415Â Â Â Â Rules
to insure adequate precautionary measures in use of thiram in reforestation
634.420Â Â Â Â Limit
on use of thiram; effect of study
634.425Â Â Â Â Construction
of ORS 634.410 to 634.425
TRIBUTYLTIN COMPOUNDS
634.500Â Â Â Â Definitions
for ORS 634.500 to 634.520
634.505Â Â Â Â Prohibition
against sale of compound that releases certain substances in water; exception
634.510Â Â Â Â Conditions
for sale
634.515Â Â Â Â
634.520Â Â Â Â Report
of sales to department
PESTICIDE ANALYTICAL
634.550Â Â Â Â Center
governing board; duties and powers
MINOR CROPS ADVISORY COMMITTEE
634.600Â Â Â Â Committee
members; appointment; compensation and expenses; duties
INTEGRATED
634.650Â Â Â Â Definitions
for ORS 634.650 to 634.665
634.655Â Â Â Â Policy
634.660Â Â Â Â Agencies
required to implement integrated pest management
634.665Â Â Â Â Agencies
to provide personnel training; appointment of coordinators; duties
CIVIL PENALTIES
634.900Â Â Â Â Penalty
for certain violations; amount
634.905Â Â Â Â When
penalty payable; notice; hearing
634.910Â Â Â Â Reduction
of penalty; criteria
634.915Â Â Â Â Schedule
for penalty amounts; criteria; rules
634.925Â Â Â Â Disposition
of penalties collected
CRIMINAL PENALTIES
634.992Â Â Â Â Criminal
penalties
GENERAL PROVISIONS
     634.005
Short title; policy statement.
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]
     634.006
Definitions. 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]
     634.007 [1995 s.s. c.3 §38a; repealed by 1996 c.10 §3
(634.055 enacted in lieu of 634.007)]
     634.009 [1995 s.s. c.3 §38b; repealed by 1996 c.10 §5
(634.057 enacted in lieu of 634.009)]
     634.010 [Repealed by 1953 c.118 §2]
     634.011 [1995 s.s. c.3 §38c; repealed by 1996 c.10 §7
(634.060 enacted in lieu of 634.011)]
     634.012 [1973 c.341 §2; renumbered 634.005 in 1995]
     634.013 [1995 s.s. c.3 §38d; repealed by 1996 c.10 §9
(634.063 enacted in lieu of 634.013)]
     634.015 [1995 s.s. c.3 §38e; repealed by 1996 c.10 §11
(634.065 enacted in lieu of 634.015)]
REGISTRATION,
LABELING AND USE
     634.016
Registration of pesticides and application devices; fee; contents of
application; restriction on pesticide distribution and use; exemptions. (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. The registration fee may not
exceed $250 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 468B.180 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; 2007
c.162 §1]
     634.020 [Repealed by 1953 c.118 §2]
     634.022
Exemption from registration for experimental pesticides; approval required for
use of experimental pesticides; applicability of law. (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]
     634.026
Pesticide labeling requirements; highly toxic pesticides; applicability of law. (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]
     634.030 [Repealed by 1953 c.118 §2]
     634.032
When pesticide is misbranded.
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]
     634.036
When pesticide is adulterated.
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]
     634.040 [Repealed by 1953 c.118 §2]
     634.042
Unsafe use of certain pesticides on raw agricultural commodities; tolerances
and exemptions; applicability to fertilizers, agricultural minerals and lime
mix. (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 SYSTEM
     Note: 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
     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)
     (8) Pesticide Analytical 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. The State Department of
Agriculture may use up to $40 of each pesticide, formula or formulation
registration fee collected under ORS 634.016 during the period beginning
January 1, 2008, and ending December 31, 2009, to implement 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; 2007 c.162 §2]
     Sec.
22. Sections 2 to 4, 6 to
11, 15 and 21 of this 1999 Act are repealed on December 31, 2009. [1999 c.1059 §22]
     634.050 [Repealed by 1953 c.118 §2]
STATEWIDE
REGULATION OF PESTICIDES
     634.055
Legislative findings. 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)]
     634.057
State preemption of local pesticide regulation. 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)]
     634.060
Actions allowed by city, town, county or other political subdivision. 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)]
     634.063
Exceptions to state preemption of pesticide regulation. 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)]
     634.065
Department consideration of concerns raised by city, town, county or political
subdivision. 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
     634.106
Applicability of ORS 634.112 to 634.126 and 634.146. 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]
     634.110 [Repealed by 1953 c.117 §2]
     634.112
Renewal of licenses or certificates; delinquency. (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 or on such date as may be
specified by rule of 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; 2007 c.768 §40]
     634.116
Pesticide operator license; authorized activities; fees; pesticide applicator
license; liability insurance; limitation on damages; rules; exemptions. (1) A pesticide operatorÂ’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
     (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 applicatorÂ’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 applicatorÂ’s license if the pesticide operator is a
corporation. If a pesticide operator is found to be in violation of this
subsection, the pesticide operatorÂ’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 operatorÂ’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.
     (c) In addition to any application allowed
under paragraph (a) of this subsection, a vector control district is not
required to obtain a license as a pesticide operator or to furnish evidence of
financial responsibility to the department when applying pesticides for the
prevention, control or eradication of a public health vector as defined in ORS
452.010 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 the pesticide application is done on
a cost recovery, cooperative trade of services or no cost basis, and not as a
source of profit.
     (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;
2007 c.258 §9]
     634.120 [Repealed by 1953 c.117 §2]
     634.122
Applicator license; qualifications; examination; fee. (1) An applicant for a pesticide applicatorÂ’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
     (2) An applicant for a pesticide
applicatorÂ’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 applicatorÂ’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 applicatorÂ’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]
     634.126
Trainee certificate; renewal; fee. (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 traineeÂ’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]
     634.130 [Repealed by 1953 c.117 §2]
     634.132
Consultant license; fee; qualifications; examination; applicability of law. (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
consultantÂ’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 consultantÂ’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]
     634.136
Dealer license; fee; applicability of law. (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]
     634.140 [Repealed by 1953 c.117 §2]
     634.142
Private applicator certificate; standards; fee. (1) The State Department of Agriculture
shall issue or renew a private applicatorÂ’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 applicatorÂ’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]
     634.146
Records required of operators; retention period; report to owner of treated
field crops. (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
     634.172
Procedure for making liability claim against landowner or pesticide operator;
investigation of report of loss; claim procedure not waiver of governmental
immunity. (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
     (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 AREAS
     634.206
Continuation of protected and restricted areas created by former law. There 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]
     634.210 [Amended by 1953 c.685 §12; repealed by 1961
c.294 §1 (634.211 enacted in lieu of 634.210)]
     634.211 [1961 c.294 §2 (enacted in lieu of 634.210);
subsection (2) enacted as 1965 c.22 §2(1); paragraph (b) of subsection (11)
derived from 1965 c.22 §2(2); 1969 c.268 §4; repealed by 1973 c.341 §37]
     634.212
Formation of protected areas; petition; filing fee; guidelines for determinations
by director. (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. If
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 industries 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; 2007 c.71 §197]
     634.213 [1961 c.642 §18; repealed by 1973 c.341 §37]
     634.215 [1953 c.685 §12; 1961 c.294 §3; repealed by
1973 c.341 §37]
     634.216
Protected area as governmental subdivision upon completion of required filings. 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]
     634.217 [1953 c.685 §12; 1961 c.294 §4; repealed by
1973 c.341 §37]
     634.220 [1953 c.685 §12; 1961 c.294 §5; repealed by
1973 c.341 §37]
     634.222
Determination of lawful establishment of protected area in actions or
proceedings; certified copy of filed order as evidence. 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]
     634.225 [1953 c.685 §12; 1961 c.294 §6; repealed by
1973 c.341 §37]
     634.226
Protected area governing committee; member election and terms; committee
officers; duties and powers; rulemaking authority. (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]
     634.230 [Amended by 1953 c.685 §12; 1961 c.294 §7;
1965 c.22 §4; repealed by 1973 c.341 §37]
     634.232
Restricted area formation; matters to be considered; additional area committee
member. (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]
     634.233 [1961 c.294 §9; 1969 c.268 §5; repealed by
1973 c.341 §37]
     634.234 [1969 c.268 §3; repealed by 1973 c.341 §37]
     634.235 [1953 c.685 §12; 1961 c.294 §10; 1969 c.268 §6;
1971 c.620 §1; repealed by 1973 c.341 §37]
     634.236
Increasing or decreasing size of protected area; consolidation of areas. (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]
     634.240 [Amended by 1953 c.685 §12; 1961 c.294 §11;
1969 c.131 §4; repealed by 1973 c.341 §37]
     634.242
Taxing power of area committee; limitation on amount of levy. (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]
     634.245 [1953 c.685 §12; repealed by 1969 c.268 §16]
     634.250 [Amended by 1953 c.685 §12; 1961 c.294 §12;
1969 c.268 §7; 1971 c.699 §19; repealed by 1973 c.341 §37]
     634.260 [Repealed by 1973 c.341 §37]
     634.270 [Repealed by 1973 c.341 §37]
     634.280 [1965 c.22 §3; repealed by 1973 c.341 §37]
     634.300 [1969 c.268 §8; repealed by 1973 c.341 §37]
ADMINISTRATION
AND ENFORCEMENT
     634.306
General duties and powers of department; rules. 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,
     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.
     634.310 [1969 c.268 §9; repealed by 1973 c.341 §37]
     634.312
Department to develop programs for solution of pesticide and synthetic chemical
problems. 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]
     634.316
List of highly toxic and restricted-use pesticides. 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]
     634.320 [1969 c.268 §10; repealed by 1973 c.341 §37]
     634.322
Enforcement powers of department. 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,
     (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]
     634.326
Use of moneys received by department. (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
     634.330 [1969 c.268 §11; repealed by 1971 c.699 §22]
     634.340 [1969 c.268 §12; repealed by 1971 c.699 §22]
     634.350 [1969 c.268 §2; 1971 c.699 §18; repealed by
1973 c.341 §37]
     634.352 [1973 c.341 §5; 1979 c.232 §4; 1993 c.742 §111]
     634.356 [1973 c.341 §6; 1993 c.742 §111]
     634.360 [1969 c.268 §13; repealed by 1971 c.699 §22]
PROHIBITIONS
     634.372
Prohibited acts. 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 applicatorÂ’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 operatorÂ’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 traineeÂ’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
dealerÂ’s license.
     (12) Act as, or purport to be, a pesticide
consultant without first obtaining and maintaining a pesticide consultantÂ’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 manufacturerÂ’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,
     634.372. 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 applicatorÂ’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 operatorÂ’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 traineeÂ’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
dealerÂ’s license.
     (12) Act as, or purport to be, a pesticide
consultant without first obtaining and maintaining a pesticide consultantÂ’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 manufacturerÂ’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 RESTRICTIONS
     634.410
Study of effects of thiram on health and safety; evaluation; report. The WorkersÂ’ 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]
     634.415
Rules to insure adequate precautionary measures in use of thiram in
reforestation. The WorkersÂ’
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]
     634.420
Limit on use of thiram; effect of study. 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]
     634.425
Construction of ORS 634.410 to 634.425. 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
     634.500
Definitions for ORS 634.500 to 634.520. 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]
     634.505
Prohibition against sale of compound that releases certain substances in water;
exception. 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]
     634.510
Conditions for sale. 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]
     634.515
     (a) A low-leaching tributyltin antifouling
paint or coating may be sold in
     (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]
     634.520
Report of sales to department.
(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]
     634.525 [Formerly 488.885; repealed by 1991 c.67 §6]
PESTICIDE
ANALYTICAL
     634.550
Center governing board; duties and powers. (1) There is created a Pesticide Analytical and
     (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
     (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
     (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 boardÂ’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 192.529 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
     634.600
Committee members; appointment; compensation and expenses; duties. (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
     (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 AgricultureÂ’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
     634.650
Definitions for ORS 634.650 to 634.665. 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) “
     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.
     634.655
Policy. The Legislative
Assembly declares that it is the policy of the State of
     Note: See note under 634.650.
     634.660
Agencies required to implement integrated pest management. Each of the following state agencies or
services shall implement integrated pest management practices when carrying out
the agencyÂ’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
     Note: See note under 634.650.
     634.665
Agencies to provide personnel training; appointment of coordinators; duties. (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.
     634.670 [1991 c.943 §5; repealed by 2001 c.413 §12]
CIVIL
PENALTIES
     634.900
Penalty for certain violations; amount. (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 not more than
$1,000. For a subsequent violation, the director may impose a civil penalty of
not more than $2,000.
     (2) Notwithstanding subsection (1) of this
section, if the violation of a provision relating to pesticide application,
sale or labeling results from gross negligence or willful misconduct, the civil
penalty for a first or subsequent violation may not exceed $10,000.
     (3) 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. [1989 c.943 §2;
2007 c.592 §1]
     Note: Section 2, chapter 592, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
634.900 by section 1 of this 2007 Act apply to civil penalties imposed for
violations of pesticide application, sale or labeling laws committed on or
after the effective date of this 2007 Act [June 25, 2007]. [2007 c.592 §2]
     634.905
When penalty payable; notice; hearing. (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]
     634.910
Reduction of penalty; criteria.
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]
     634.915
Schedule for penalty amounts; criteria; rules. (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]
     634.920 [1989 c.943 §§6,7; repealed by 1991 c.734 §122]
     634.925
Disposition of penalties collected. 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
     634.990 [Amended by 1961 c.294 §13; repealed by 1973
c.341 §37]
     634.992
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]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.