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