ORS Chapter 634

Chapter 634 — PesticideControl

 

2009 EDITION

 

 

PESTICIDECONTROL

 

FOODAND OTHER COMMODITIES

 

GENERALPROVISIONS

 

634.005     Shorttitle; policy statement

 

634.006     Definitions

 

REGISTRATION,LABELING AND USE

 

634.016     Registrationof pesticides and application devices; fee; contents of application;restriction on pesticide distribution and use; exemptions

 

634.022     Exemptionfrom registration for experimental pesticides; approval required for use ofexperimental pesticides; applicability of law

 

634.026     Pesticidelabeling requirements; highly toxic pesticides; applicability of law

 

634.032     Whenpesticide is misbranded

 

634.036     Whenpesticide is adulterated

 

634.042     Unsafeuse of certain pesticides on raw agricultural commodities; tolerances andexemptions; applicability to fertilizers, agricultural minerals and lime mix

 

PESTICIDEUSE REPORTING SYSTEM

 

(Temporaryprovisions relating to the pesticide use reporting system are compiled as notesfollowing ORS 634.042)

 

STATEWIDEREGULATION OF PESTICIDES

 

634.055     Legislativefindings

 

634.057     Statepreemption of local pesticide regulation

 

634.060     Actionsallowed by city, town, county or other political subdivision

 

634.063     Exceptionsto state preemption of pesticide regulation

 

634.065     Departmentconsideration of concerns raised by city, town, county or political subdivision

 

LICENSINGAND CERTIFICATION

 

634.106     Applicabilityof ORS 634.112 to 634.126 and 634.146

 

634.112     Renewalof licenses or certificates; delinquency

 

634.116     Pesticideoperator license; authorized activities; fees; pesticide applicator license;liability insurance; limitation on damages; rules; exemptions

 

634.122     Applicatorlicense; qualifications; examination; fee

 

634.126     Traineecertificate; renewal; fee

 

634.132     Consultantlicense; fee; qualifications; examination; applicability of law

 

634.136     Dealerlicense; fee; applicability of law

 

634.142     Privateapplicator certificate; standards; fee

 

634.146     Recordsrequired of operators; retention period; report to owner of treated field crops

 

LIABILITYCLAIMS PROCEDURE

 

634.172     Procedurefor making liability claim against landowner or pesticide operator;investigation of report of loss; claim procedure not waiver of governmentalimmunity

 

PROTECTEDAND RESTRICTED AREAS

 

634.206     Continuationof protected and restricted areas created by former law

 

634.212     Formationof protected areas; petition; filing fee; guidelines for determinations bydirector

 

634.216     Protectedarea as governmental subdivision upon completion of required filings

 

634.222     Determinationof lawful establishment of protected area in actions or proceedings; certifiedcopy of filed order as evidence

 

634.226     Protectedarea governing committee; member election and terms; committee officers; dutiesand powers; rulemaking authority

 

634.232     Restrictedarea formation; matters to be considered; additional area committee member

 

634.236     Increasingor decreasing size of protected area; consolidation of areas

 

634.242     Taxingpower of area committee; limitation on amount of levy

 

ADMINISTRATIONAND ENFORCEMENT

 

634.306     Generalduties and powers of department; rules

 

634.312     Departmentto develop programs for solution of pesticide and synthetic chemical problems

 

634.316     Listof highly toxic and restricted-use pesticides

 

634.322     Enforcementpowers of department

 

634.326     Useof moneys received by department

 

PROHIBITIONS

 

634.372     Prohibitedacts

 

THIRAMSTUDY AND RESTRICTIONS

 

634.410     Studyof effects of thiram on health and safety; evaluation; report

 

634.415     Rulesto insure adequate precautionary measures in use of thiram in reforestation

 

634.420     Limiton use of thiram; effect of study

 

634.425     Constructionof ORS 634.410 to 634.425

 

TRIBUTYLTINCOMPOUNDS

 

634.500     Definitionsfor ORS 634.500 to 634.520

 

634.505     Prohibitionagainst sale of compound that releases certain substances in water; exception

 

634.510     Conditionsfor sale

 

634.515     Saleby pesticide dealer; duties of customer

 

634.520     Reportof sales to department

 

PESTICIDEANALYTICAL RESPONSE CENTER

 

634.550     Centergoverning board; duties and powers

 

MINORCROPS ADVISORY COMMITTEE

 

634.600     Committeemembers; appointment; compensation and expenses; duties

 

INTEGRATEDPEST MANAGEMENT

 

(StateAgencies)

 

634.650     Definitionsfor ORS 634.650 to 634.665

 

634.655     Policy

 

634.660     Agenciesrequired to implement integrated pest management

 

634.665     Agenciesto provide personnel training; appointment of coordinators; duties

 

(Schools)

 

634.700     Definitionsfor ORS 634.700 to 634.750

 

634.705     Adoptionof integrated pest management plan and related provisions; exceptions;low-impact pesticide list

 

634.710     Planselection

 

634.720     Plancoordinators

 

634.725     Applicationof low-impact pesticide

 

634.730     Reentryinto sprayed area; exception; declaration of pest emergency

 

634.740     Writtennotice requirements; warning signs; failure to notify or warn

 

634.750     Pesticideapplication records

 

CIVILPENALTIES

 

634.900     Penaltyfor certain violations; amount

 

634.905     Whenpenalty payable; notice; hearing

 

634.910     Reductionof penalty; criteria

 

634.915     Schedulefor penalty amounts; criteria; rules

 

634.925     Dispositionof penalties collected

 

CRIMINALPENALTIES

 

634.992     Criminalpenalties

 

GENERALPROVISIONS

 

      634.005Short title; policy statement. The purpose of this chapter, whichshall be known as the State Pesticide Control Act and shall be enforced by theState Department of Agriculture, is to regulate in the public interest theformulation, distribution, storage, transportation, application and use ofpesticides. Many materials have been discovered or synthesized which are necessaryand valuable for the control of insects, plant diseases and weeds. Many morepesticides will be discovered and needed. Such materials, however, may injurehealth, property, wildlife or environment by being distributed, stored,transported, applied or used in an improper or careless manner. The pesticideindustry of this state has achieved and maintained high standards in itsformulation and use of pesticides while at the same time experiencing a minimumof injury to persons, property or the environment. Currently updating the lawto maintain this achievement and to consider future new pesticides and problemsis necessary for the protection of persons, property, wildlife and environmentof this state. [Formerly 634.012]

 

      634.006Definitions.As used in this chapter unless the context requires otherwise:

      (1)“Antidote” means a practical immediate treatment in case of poisoning andincludes first-aid treatment.

      (2)“Brand” or “trademark” means any word, name, symbol or any combination thereofadopted or used by a person to identify pesticides manufactured, compounded,delivered, distributed, sold or offered for sale in this state and todistinguish 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 otherchemicals intended for trapping, destroying, repelling or mitigating insects orrodents or destroying, repelling or mitigating fungi, nematodes or such otherpests as may be designated by the department, but does not include equipmentused for the application of pesticides or other chemicals when sold separatelyfrom such pesticides or chemicals.

      (5)“Private applicator” means a person who uses or supervises the use of anypesticide, classified by the department as a restricted-use or highly toxicpesticide, for the purpose of producing agricultural commodities or forestcrops on land owned or leased by the person.

      (6)“Highly toxic” means a pesticide or device determined by the department to becapable of causing severe injury, disease or death to human beings.

      (7)“Landowner” means a person owning three acres or more within a proposedprotected area; and in the case of multiple ownership of land, the owner isonly a person whose interest is greater than an undivided one-half interesttherein or who holds an authorization in writing from one or more of the otherowners whose interest, when added to the interest of the person, are greaterthan an undivided one-half interest in the land.

      (8)“Pesticide” includes:

      (a)“Defoliant” which means any substance or mixture of substances intended forcausing the leaves or foliage to drop from a plant with or without causingabscission;

      (b)“Desiccant” which means any substance or mixture of substances intended forartificially accelerating the drying of plant tissue;

      (c)“Fungicide” which means any substance or mixture of substances intended forpreventing, destroying, repelling or mitigating any fungus;

      (d)“Herbicide” which means any substance or mixture of substances intended forpreventing, 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 anyenvironment whatsoever;

      (f)“Nematocide” which means any substance or mixtur