Oregon Revised Statutes
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 …
As used in this chapter unless the context requires otherwise: “Antidote” means a practical immediate treatment in case of poisoning and includes first-aid treatment. “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 off…
REGISTRATION, LABELING AND USE
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. Every device manufactured, delivered, distributed, sold, offered or exposed for sale in this state shall be registered each year with…
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 qual…
If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with: The name and address of the manufacturer or person for whom it was manufactured. The brand name or trademark under which the material is sold. The professed standard of quality of the material. The net weight or volume of th…
Pesticides shall be deemed misbranded if: The package or container of such materials bears any false or misleading statement. The container or package of such materials is not labeled as required by ORS 634.026.
A pesticide shall be deemed to be adulterated if: 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. The strength or purity of the pesticide is below the purported or professed standard of …
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 app…
Oregon State University, in consultation with the State Department of Agriculture, shall develop educational materials regarding the best practices for avoiding adverse effects from pesticides on populations of bees and other pollinating insects. The educational materials must include, but need not be limited to, measures that pesticide applicators and pest…
The State Department of Agriculture shall post information regarding pesticides on a department website that is available for access by the public without charge. The department shall indicate on the website those pesticides and devices that the department has listed under ORS 634.316 as highly toxic or restricted-use pesticides or devices.
STATEWIDE REGULATION OF PESTICIDES
The Legislative Assembly hereby determines that the citizens of this state benefit from a system of safe, effective and scientifically sound pesticide regulation. The Legislative Assembly further finds that a uniform, statewide system of pesticide regulation that is consistent, coordinated and comports with both federal and state technical expertise is essen…
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: Labeling; Registration; Notification of use; Advertising and marketing; Distribution; Applicator training and certification; Licensing; Transportation; Packaging; …
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.
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: The Uniform Building Code published by the International Conference of Building Officials, as amended and adopted by the Director of the Department …
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. LICENSING AND CERTIFICATION
ORS 634.112 to 634.126 and 634.146 shall not apply to: Manufacturers of materials engaged in research or experimental work on pesticides. Persons engaged in the business of a pesticide operator or applicator only in the application of any pollenicide. Persons licensed as veterinarians under ORS chapter 686 who are engaged in the practice of veterinary med…
Except as provided in ORS 634.142 (2), any license or certificate issued or required of a pesticide consultant, dealer, operator, applicator, private applicator, noncommercial 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 day…
A pesticide operator’s license, or supplements thereto, shall authorize the licensee to engage in one or more of the classes of pest control or pesticide application business prescribed by the State Department of Agriculture under ORS 634.306 (2). The department may not issue a pesticide operator license to the United States, the State of Oregon or federal, …
As used in this section, “campus” and “school” have the meanings given those terms in ORS 634.700. Notwithstanding ORS 634.116 (13) and (15)(b), an employee of the agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, Indian tribes or utilities described in ORS 634.116 (12) is not require…
An applicant for a pesticide applicator’s license is entitled to be examined for or to be issued a license or supplements thereto by the State Department of Agriculture, if the applicant: Is at least 18 years of age; and Proves to the satisfaction of the department that the applicant: Has had experience as a pesticide trainee for the minimum period and in…
An applicant for a noncommercial pesticide applicator license must: Be at least 18 years of age at the time the license is issued; and Demonstrate to the satisfaction of the State Department of Agriculture, on a written examination or any reexamination given by the department, an adequate knowledge of: The characteristics of pesticides and the effect of t…
In accordance with rules adopted by the State Department of Agriculture, as provided in ORS 634.306 (1), the department shall issue or renew its pesticide trainee’s certificate if the applicant or certificate holder: Is at least 18 years of age; Is employed by a licensed pesticide operator; Is working under the direct supervision and control of a licensed…
In accordance with rules adopted by the State Department of Agriculture, as provided in ORS 634.306 (1), the department shall issue or renew a noncommercial pesticide trainee’s certificate if the applicant or certificate holder: Is at least 18 years of age; Is working under the direct supervision and control of a licensed noncommercial pesticide applicator…
An individual may not spray or otherwise apply a pesticide by aircraft unless the individual holds a valid aerial pesticide applicator certificate issued by the State Department of Agriculture. The department may issue an aerial pesticide applicator certificate to an individual who: Is a licensed pesticide applicator, licensed public applicator, licensed n…
The annual license fee for a pesticide consultant shall be established by the State Department of Agriculture not to exceed $40. An applicant for a pesticide consultant’s license shall be required to demonstrate satisfactorily by written examination or any reexamination given by the department, an adequate knowledge of: The characteristics of pesticides an…
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. This section shall not apply to: Any licensed pesticide operator who sells restricted-use or highly toxic pesticides as a part of services, or through licensed e…
The State Department of Agriculture shall issue or renew a private applicator’s certificate if the applicant or certificate holder meets the certification standards established by the department pursuant to ORS 634.306 (14). A fee, established by the department, shall be assessed for a private applicator’s certificate or renewal thereof. The fee may not exc…
Pesticide operators shall prepare and maintain records on forms approved by the State Department of Agriculture. Such records shall include: The name of the person for whom the pesticide was applied. The approximate location of the land or property on which the pesticide was applied. The date and approximate time of application. The person who supplied t…
If an individual holding a license, certificate or other authorization issued under this chapter commits or has responsibility for a violation of this chapter related to the spraying or other application of a pesticide, or for a violation of a State Department of Agriculture rule related to those applications, and the department in its discretion deems that …
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…
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 provis…
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 quarantine…
If the Director of Agriculture declares a protected area under ORS 634.212, the copy of the rule or order that the director files with the Secretary of State must be accompanied by a map of a scale of at least one inch per mile. The Secretary of State shall maintain a copy of the rule or order, and of the map, as a public record in the office of the Secretar…
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 Sta…
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: With…
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. The request, referred to in subsection (1) of this s…
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 peti…
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. 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…
ADMINISTRATION AND ENFORCEMENT
In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may adopt rules to carry out the purposes and intent of this chapter, including but not limited to rules that: Establish and maintain a program required for an individual to work or engage in the application or other use of pesticides as a pesticide trainee or noncomme…
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 pest…
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.
In carrying out and enforcing the provisions of this chapter, the State Department of Agriculture is authorized: To collect samples of pesticides from any source, for analysis to determine compliance with this chapter. In accordance with the provisions of ORS 561.605 to 561.630, to seize or embargo any pesticide or device which is misbranded, adulterated o…
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. An amount of the fees and moneys referred to in subsection (1) of …
PROHIBITIONS
A person may not: Make false or misleading claims through any media, relating to the effect of pesticides or application methods to be utilized. As a pesticide applicator, noncommercial applicator, public applicator or pesticide operator, intentionally or willfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling, or as a …
The State Department of Agriculture may suspend, revoke or refuse to renew a license, certificate or other authorization issued to a person under this chapter if the person fails to pay a civil penalty under ORS 634.900 on or before 90 days after the date that the order imposing the civil penalty becomes final by operation of law or on appeal. THIRAM STUDY …
The Workers’ Compensation Board shall cause the Occupational Health Section to conduct a study or insure that a study is conducted, of the effects on occupational health and safety of the use in reforestation activities of tree seedlings treated with the pesticide thiram or any formulation containing the chemical tetramethylthiuram disulfide. The study shall…
The Workers’ Compensation Board shall as a result of the study direct the Occupational Health Section to promulgate rules and regulations to insure that adequate precautionary measures and procedures are followed during the use of thiram in reforestation operations.
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 creatin…
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. TRIBUTYLTIN COMPOUNDS
As used in ORS 634.500 to 634.520: “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…
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.
A tributyltin-based marine antifouling paint or coating may be sold or used in this state if the paint or coating is: Sold and used in accordance with ORS 634.515 and 634.520; and A low-leaching tributyltin antifouling paint or coating used on aluminum hulls; A low-leaching tributyltin antifouling paint or coating used on a ship that is more than 25 meter…
Except as provided in subsection (2) of this section, in addition to any other limitation on a restricted use pesticide under this chapter, on and after September 27, 1987: A low-leaching tributyltin antifouling paint or coating may be sold in Oregon only by a pesticide dealer licensed under ORS 634.112. A pesticide dealer licensed under ORS 634.112 may se…
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. 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…
PESTICIDE ANALYTICAL AND RESPONSE CENTER
There is created a Pesticide Analytical and Response Center with a governing board consisting of the following members: The Director of Agriculture or designee. The State Forester or designee. The State Fish and Wildlife Director or designee. The Director of the Department of Environmental Quality or designee. The Director of the Oregon Health Authority…
The State Department of Agriculture, in consultation with the Pesticide Analytical and Response Center, shall establish a pesticide incident telephone line for receiving, and facilitating the coordination of public entities’ responses to, pesticide-related complaints by the public indicating possible health or environmental effects. The center shall develop…
The State Department of Agriculture shall report biennially to the Legislative Assembly regarding the operation of the pesticide incident telephone line required under ORS 634.555. The report may include, but need not be limited to, any recommendations of the department or the Pesticide Analytical and Response Center for legislation regarding the telephone l…
There is created the Minor Crops Advisory Committee in the State Department of Agriculture consisting of six members appointed by the Director of Agriculture and the coordinator of the Interregional Project Number 4 program at Oregon State University who shall be a permanent member. The director, as far as practicable, shall make appointments to the advisor…
As used in ORS 634.650 to 634.665: “Integrated pest management” means a science-based decision-making process that: Identifies and reduces risks from pests and from pest management-related strategies; Coordinates the use of pest biology, environmental information and comprehensive technology to prevent unacceptable levels of pest damage by economical mean…
The Dean of the College of Agricultural Sciences of Oregon State University shall appoint a faculty member of the college who has administrative and technical experience in integrated pest and production management matters to act as the State Integrated Pest Management Coordinator. The coordinator shall serve at the pleasure of the dean. Note: See note unde…
The Legislative Assembly declares that it is the policy of the State of Oregon to require all state agencies that have pest control responsibilities to follow the principles of integrated pest management. Note: See note under 634.650.
There is established an Integrated Pest Management Coordinating Committee, consisting of: The State Integrated Pest Management Coordinator; The integrated pest management coordinator for each state agency listed in ORS 634.660; A representative of public universities listed in ORS 352.002, appointed by the Higher Education Coordinating Commission; and Th…
Each of the following state agencies or public universities shall implement integrated pest management practices when carrying out duties of the agency or public university related to pest control: State Department of Agriculture. State Department of Fish and Wildlife. Department of Transportation. State Parks and Recreation Department. State Forestry D…
Each state agency or public university listed or referred to under ORS 634.660 shall provide integrated pest management training for employees responsible for pest management. Each state agency or public university listed or referred to under ORS 634.660 shall designate an integrated pest management coordinator. The integrated pest management coordinator: …
(Schools)
As used in ORS 634.700 to 634.750: “Campus” means the buildings, other structures, playgrounds, athletic fields, school gardens and parking lots of a school and any other areas on the school property that are accessed by students on a regular basis. “Governing body” means a board of directors, agency or other body or person having policymaking and general …
The governing body responsible for a school shall adopt an integrated pest management plan for use on the campuses of the school. The governing body shall also adopt provisions for: Designating an integrated pest management plan coordinator; Identifying plan coordinator responsibilities; Giving notices under ORS 634.740; Retaining pesticide application r…
A governing body may adopt, improve or continue any integrated pest management plan that provides protection against pesticide exposure equal to or greater than the protection against pesticide exposure required by ORS 634.700 to 634.750.
The governing body shall provide for the designation of one or more persons as integrated pest management plan coordinators for the governed schools. A plan coordinator must be an employee of the governed district, unit, school or entity, unless the governing body delegates pest management duties to an independent contractor. Each school shall have the servi…
If a school has followed the integrated pest management plan and nonchemical pest control measures were ineffective, subject to ORS 634.730 the integrated pest management plan coordinator may authorize the application of a low-impact pesticide. The low-impact pesticide application must be made by a pesticide applicator, a noncommercial pesticide applicator o…
ORS 634.700 to 634.750 do not limit or prohibit the use of pesticides at a community college for purposes of scientific research or academic instruction.
Subject to subsection (2) of this section: If the labeling of a pesticide product specifies a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of that reentry time. If the labeling of a pesticide product does not specify a reentry time, a pesticide may not be applied to an…
The governing body responsible for a school shall adopt policies and processes for ensuring that the integrated pest management plan coordinator for the school, or a designee of the coordinator, gives written notice of a proposed pesticide application at the campus to, at a minimum, parents and guardians of minor students, adult students, school administrato…
If a pesticide is applied at a campus, the integrated pest management plan coordinator or a designee of the coordinator shall place the labeling information and material data safety sheet for the pesticide on file at a school on the campus. The plan coordinator or designee shall record and make available the following information: The brand name or trademar…
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 $2,000. For a subsequent violation, the director may impose…
Any civil penalty under ORS 634.900 shall be imposed as provided in ORS 183.745. 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.
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.
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. In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture shall consider the following factors: The past history of the person incurring a penalty in takin…
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.
CRIMINAL PENALTIES
Violation of any of the provisions of this chapter, or any rules adopted by the State Department of Agriculture related to restricted-use pesticides, is a Class A misdemeanor. _______________