Oregon Law
Law as of Jan 1, 2026
Chapter contents
634.005Short title; policy statement 634.006Definitions 634.007[1995 s.s. c.3 §38a; repealed by 1996 c.10 §3 (634.055 enacted in lieu of 634.007)] 634.009[1995 s.s. c.3 §38b; repealed by 1996 c.10 §5 (634.057 enacted in lieu of 634.009)] 634.010[Repealed by 1953 c.118 §2] 634.011[1995 s.s. c.3 §38c; repealed by 1996 c.10 §7 (634.060 enacted in lieu of 634.011)] 634.012[1973 c.341 §2; renumbered 634.005 in 1995] 634.013[1995 s.s. c.3 §38d; repealed by 1996 c.10 §9 (634.063 enacted in lieu of 634.013)] 634.015[1995 s.s. c.3 §38e; repealed by 1996 c.10 §11 (634.065 enacted in lieu of 634.015)] 634.016Registration of pesticides and application devices; fee; contents of application; restriction on pesticide distribution and use; exemptions 634.020[Repealed by 1953 c.118 §2] 634.022Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law 634.026Pesticide labeling requirements; highly toxic pesticides; applicability of law 634.030[Repealed by 1953 c.118 §2] 634.032When pesticide is misbranded 634.036When pesticide is adulterated 634.040[Repealed by 1953 c.118 §2] 634.042Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix 634.045Avoidance of adverse effects on pollinating insects 634.048Website information regarding pesticides 634.050[Repealed by 1953 c.118 §2] 634.055Legislative findings 634.057State preemption of local pesticide regulation 634.060Actions allowed by city, town, county or other political subdivision 634.063Exceptions to state preemption of pesticide regulation 634.065Department consideration of concerns raised by city, town, county or political subdivision 634.106Applicability of ORS 634.112 to 634.126 and 634.146 634.110[Repealed by 1953 c.117 §2] 634.112Renewal of licenses or certificates; delinquency 634.116Pesticide operator license; authorized activities; fees; pesticide applicator license; liability insurance; limitation on damages; rules; exemptions 634.118Limited exemption for pesticide application using battery-powered device; records 634.120[Repealed by 1953 c.117 §2] 634.122Applicator license; qualifications; examination; fee 634.124Noncommercial pesticide applicator license; fee; rules 634.126Trainee certificate; renewal; fee 634.127Noncommercial pesticide trainee certificate; fee 634.128Aerial pesticide applicator certificate; fee 634.130[Repealed by 1953 c.117 §2] 634.132Consultant license; fee; qualifications; examination; applicability of law 634.136Dealer license; fee; applicability of law 634.140[Repealed by 1953 c.117 §2] 634.142Private applicator certificate; standards; fee 634.146Records required of operators; retention period; report to owner of treated field crops 634.148Retesting following violation 634.172Procedure for making liability claim against landowner or pesticide operator; investigation of report of loss; claim procedure not waiver of governmental immunity 634.206Continuation of protected and restricted areas created by former law 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] 634.212Formation of protected areas; petition; filing fee; guidelines for determinations by director 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] 634.216Protected area as governmental subdivision upon completion of required filings 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] 634.222Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence 634.225[1953 c.685 §12; 1961 c.294 §6; repealed by 1973 c.341 §37] 634.226Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority 634.230[Amended by 1953 c.685 §12; 1961 c.294 §7; 1965 c.22 §4; repealed by 1973 c.341 §37] 634.232Restricted area formation; matters to be considered; additional area committee member 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] 634.236Increasing or decreasing size of protected area; consolidation of areas 634.240[Amended by 1953 c.685 §12; 1961 c.294 §11; 1969 c.131 §4; repealed by 1973 c.341 §37] 634.242Taxing power of area committee; limitation on amount of levy 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] 634.306General duties and powers of department; rules 634.310[1969 c.268 §9; repealed by 1973 c.341 §37] 634.312Department to develop programs for solution of pesticide and synthetic chemical problems 634.316List of highly toxic and restricted-use pesticides 634.320[1969 c.268 §10; repealed by 1973 c.341 §37] 634.322Enforcement powers of department 634.326Use of moneys received by department 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] 634.372Prohibited acts 634.375Sanctions for failure to pay civil penalty 634.410Study of effects of thiram on health and safety; evaluation; report 634.415Rules to insure adequate precautionary measures in use of thiram in reforestation 634.420Limit on use of thiram; effect of study 634.425Construction of ORS 634.410 to 634.425 634.500Definitions for ORS 634.500 to 634.520 634.505Prohibition against sale of compound that releases certain substances in water; exception 634.510Conditions for sale 634.515Sale by pesticide dealer; duties of customer 634.520Report of sales to department 634.525[Formerly 488.885; repealed by 1991 c.67 §6] 634.550Center governing board; duties and powers 634.555Pesticide incident telephone line 634.557Biennial reporting of telephone line operations 634.600Committee members; appointment; compensation and expenses; duties 634.650Definitions for ORS 634.650 to 634.665 634.653Appointment of State Integrated Pest Management Coordinator 634.655Policy 634.657Integrated Pest Management Coordinating Committee; purposes; report; funding 634.660Agencies and universities required to implement integrated pest management 634.665Agencies and universities to provide personnel training; appointment of coordinators; duties 634.670[1991 c.943 §5; repealed by 2001 c.413 §12] 634.700Definitions for ORS 634.700 to 634.750 634.705Adoption of integrated pest management plan and related provisions; exceptions; publication; low-impact pesticide list 634.710Plan selection 634.720Plan coordinators 634.725Application of low-impact pesticide 634.728Pesticides used at community colleges for research or instruction 634.730Reentry into sprayed area; exception; declaration of pest emergency 634.740Written notice requirements; warning signs; failure to notify or warn 634.750Pesticide application records 634.900Penalty for certain violations; amount 634.905When penalty payable; notice; hearing 634.910Reduction of penalty; criteria 634.915Schedule for penalty amounts; criteria; rules 634.920[1989 c.943 §§6,7; repealed by 1991 c.734 §122] 634.925Disposition of penalties collected 634.990[Amended by 1961 c.294 §13; repealed by 1973 c.341 §37] 634.992Criminal penalties

Chapter 634 — Pesticide Control

ORS 634.148 Retesting following violation

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 the violation indicates an inadequate knowledge of the laws and rules applicable to pesticides, in addition to any other available penalty or sanction:

(1)

The department may require that the individual retake any examination required for issuance of a license, certificate or other authorization that the individual holds or is required to hold for activities related to pesticides; and

(2)

If the individual fails an examination required by the department under subsection (1) of this section, the department may suspend, revoke or refuse to renew the license, certificate or other authorization of the individual. A suspension, revocation or refusal to renew under this subsection is subject to ORS chapter 183.

LIABILITY CLAIMS PROCEDURE

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