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