Oregon Administrative Code

603-056-0500 Purpose, Scope and Effective Date (1) Any person who violates any provision the Oregon Seed Law or the terms or conditions of any final order issued by the department under the Oregon Seed Law shall be subject to any penalty or enforcement action allowable under the …

603-056-0510 Enforcement Procedures (1) For a violation classified as Category I under OAR 603-056-0530, the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated vi…

603-056-0520 Entry of Order and Appeal Rights (1) If a person, having been served a Notice of Violation or a Notice of Imposition of Civil Penalty, fails to request a hearing as specified in OAR 603-056-0510(5)(f), or if a hearing is not held for any reason, or after the hearing,…

603-056-0530 Determination of Civil Penalty Amount (1) In determining the amount of a civil penalty to be assessed for a violation, the Department shall calculate the amount of the civil penalty using the following formula: Total Civil Penalty Amount = B + 0.2 x B x (P + A + C + …

603-056-0540 Civil Penalties; Magnitude of Violation and Gravity of Circumstance (1) When calculating a civil penalty for a violation, the department will determine the base penalty (B) by determining the magnitude of the violation as specified in section (2) of this rule and the…

603-057-0001 Definitions In addition to the definitions set forth in ORS 634.006, the following shall apply: (1) "Accident" means an undesirable and unintended event, caused by the use or application of pesticides, that adversely affects the environment. (2) “Aerial pesticide app…

603-057-0006 Pesticide Registration Fees (1) The annual registration fee for each pesticide product for calendar year 2025 shall be $360. (2) Beginning for calendar year 2026 pesticide product registration, the annual nonrefundable registration fee for each pesticide product shal…

603-057-0100 License Fees The following designated annual fees shall be applicable to each described license: (1) Pesticide Operator: $90 including one category; $15 for each additional category; and $20 for each additional category after license issued. (2) Commercial Applicator…

603-057-0102 Pesticide Operator Financial Responsibility As provided in subsections (5) and (6) of ORS 634.116, the following shall apply: (1) Evidence of the issuance of a public liability policy of insurance may be documented to the Department by a pesticide operator either by …

603-057-0104 Limitations on Pesticide Licensing Exemptions The licensing exemptions in ORS 634.106(2) and 634.106(5)-(7) do not apply to persons using pesticides classified as restricted use or highly toxic, as those terms are defined in ORS 634.006. Statutory/Other Authority: OR…

603-057-0106 Immediately Supervised Pesticide Trainee (1) There is herewith established a type of trainee license as defined in ORS 634.006(26) which shall bear the designation "Immediately Supervised Trainee." (2) An immediately supervised trainee license may only be issued upon…

603-057-0108 Aerial Applications Generally (1) A person may not spray or otherwise apply a pesticide by aircraft unless the person is an individual that holds a valid aerial pesticide applicator certificate issued by the Oregon Department of Agriculture. Aerial Pesticide Applicat…

603-057-0110 Pesticide Operator, Applicator, and Trainee Categories In accordance with subsection (2) of ORS 634.306, the following categories of pesticide operators, and commercial, noncommercial, and public applicators are established. The license categories permitted for each …

603-057-0115 Pesticide Operator, Applicator, and Trainee Subcategories The following subcategories of pesticide operators and commercial, noncommercial, and public applicators are hereby established within the categories set forth in OAR 603-057-0110: (1) Under “Agricultural Pest…

603-057-0120 General Standards of Commercial Applicator, Public Applicator and Noncommercial Applicator Competence (1) Competence in the use or handling of pesticides shall be determined on the basis of written examinations which, in addition to the requirements of OAR 603-057-01…

603-057-0125 Special Standards of Pesticide Applicator Competence In addition to the requirements of OAR 603-057-0120, the written examination shall include the following applicable special standards for the category or subcategory indicated: (1) “Regulatory Pest Control — M-44 D…

603-057-0127 Pesticide Apprentice Standards of Competence (1) The department may issue a pesticide apprentice license for one licensing period, or portion thereof. The department may issue the license to an applicant that is at least 18 years of age upon receipt of: (a) A license…

603-057-0130 Applicator’s Records and Reports (1) Pursuant to subsection (13) of ORS 634.116, a public applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by 634.146. (2) A noncommercial pesticide applicator shall prepare and…

603-057-0135 Private Applicator Standards of Competence (1) As provided in ORS 634.142, competence of a private applicator in the use or handling of pesticides shall be determined on the basis of a written examination and evidenced by the issuance of a certificate. (2) A private …

603-057-0140 Pesticide Dealer Records (1) As provided in subsections (6) and (7) of ORS 634.322, a pesticide dealer shall prepare and maintain records of his sales of restricted-use and highly toxic pesticides for a period of three years. Such records shall include: (a) The names…

603-057-0145 Pesticide Consultant Standards of Competence (1) As provided in ORS 634.132, competence of a pesticide consultant to advise or make recommendations concerning the use, handling, or selection of restricted-use pesticides shall be determined on the basis of a written e…

603-057-0150 Alternative Requirements for Competence of Commercial, Public, or Noncommercial Applicator or Consultant License Renewal In lieu of the written re-examination requirements of OAR 603-057-0120(3) or of 603-057-0145(4), an applicant for renewal of a commercial applicat…

603-057-0160 Pesticide Use for Experimental or Research Purposes (1) Use of any substance or combination of substances as a pesticide with the intent of gathering data needed to satisfy pesticide registration requirements of the United States Environmental Protection Agency (EPA)…

603-057-0180 Pesticide License Equivalency Provision A commercial applicator, noncommercial applicator as described in ORS 634.006(8), or public applicator licensed pursuant to ORS 634.122 in the subcategory Agriculture-Herbicide, or in the subcategory Agriculture-Insecticide/Fun…

603-057-0190 License Equivalency Provision for Noncommercial Pesticide Use (1) Pursuant to ORS 634.006(12), an appropriately licensed commercial applicator is not required to additionally obtain and maintain a noncommercial applicator license to use, apply, or supervise the use o…

603-057-0200 Limitations on Restricted Use Pesticides As provided in ORS 634.306 and ORS 634.322 and in addition to other provisions of ORS Chapter 634, the following limitations and procedures shall apply to the distribution and use of restricted use pesticides identified in OAR…

603-057-0205 Listing of Restricted Use Pesticides As provided in ORS 634.006(22), 634.306(4), and 634.316, restricted-use pesticides shall include all of the following: (1) Any pesticide active ingredient, formulation, product or usage classified as restricted-use by the United S…

603-057-0216 Pesticide Residue Tolerances in Foods The rules governing residue tolerances of pesticides permitted on raw agricultural products and the exemptions from such tolerances, adopted by the United States Environmental Protection Agency and in effect as of the effective d…

603-057-0301 2,4-D; High Volatile Esters The high volatile esters of 2,4-D (2,4-Dichlorophenoxyacetic acid), including the methyl, ethyl, propyl, butyl, and amyl esters thereof, shall be subject to the restrictions and conditions on the use or application thereof as set forth in …

603-057-0305 Areas Affected All lands situated north of Interstate Highway 80N within the Counties of Morrow and Umatilla, excluding therefrom land presently subject to the East Umatilla Chemical Control District Order, shall be subject to the restrictions and limitations set for…

603-057-0310 Time Period The restrictions and conditions on the use or application of the high volatile esters of 2,4-D specified in OAR 603-057-0301 shall apply for the period of April 1 to September 1 of each year. Statutory/Other Authority: ORS 561.190, 634.306 & 634.322 Statu…

603-057-0315 Prohibited Acts (1) No landowner shall use, apply, or cause to be applied, either by ground or aerial equipment, 2,4-D in the formulations described in OAR 603-057-0301 within the area prescribed in 603-057-0305 or within the time period prescribed by 603-057-0310, w…

603-057-0320 Permits and Applications (1) Application for a permit to use or apply 2,4-D, otherwise prohibited by the provisions of OAR 603-057-0315, shall be made by a landowner to the Department on forms prescribed by the Department or, should there be insufficient time to util…

603-057-0325 Sodium Cyanide and M-44 Device Sodium cyanide and the M-44 device shall be subject to the restrictions and conditions set forth in OAR 603-057-0335 to 603-057-0350. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(5) History: AD 6-1997…

603-057-0335 Sodium Cyanide and M-44 Device; Restrictions on Use Only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators in the category specified in OAR 603-057-0115(…

603-057-0350 Sodium Cyanide and the M-44 Device; Records and Reports (1) Public pesticide applicators using sodium cyanide and the M-44 device shall not be required to keep records as specified in ORS 634.146 or OAR 603-057-0130, but instead shall make and maintain records which …

603-057-0355 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar (1) Sodium fluoroacetate (Compound 1080) and the livestock protection collar shall be subject to the restrictions and conditions set forth in OAR 603-057-0360 to 603-057-0375. (2) Failure to com…

603-057-0360 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Restrictions on Use (1) Coyotes shall be the only species that may be considered to be a regulated pest, as defined in OAR 603-057-0001(8), and therefore considered to be a target organism, upo…

603-057-0365 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Registrant of Livestock Protection Collars Only the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control may be the registrant of the lives…

603-057-0375 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Records and Reports (1) Public pesticide applicators using the livestock protection collar shall not be required to keep records as specified in ORS 634.146 or OAR-603-057-0130, but instead sha…

603-057-0376 Microencapsulated Methyl Parathion (1) Microencapsulated methyl parathion shall be subject to the restrictions and conditions on the use thereof as set forth in this rule. (2) In recognition of the possible injurious or adverse effects to bees from their exposure to …

603-057-0378 Limitations on Pesticide Products Containing Clopyralid (1) Any application or use of a pesticide product known to contain the active ingredient clopyralid to a location other than an agricultural, forest, right-of way, golf course or cemetery site is prohibited. (2)…

603-057-0384 Persistent, Bioaccumulative, and Toxic (PBT) Polutants (1) The following pesticide active ingredients, previously canceled by the United States Environmental Protection Agency, have been designated as “high priority” persistant, bioaccumulative and toxic pollutants (…

603-057-0388 Prohibits the Application of Four Neonicotinoid Insecticides (1) It is prohibited to apply any product containing dinotefuran, imidacloprid, thiamethoxam, or clothianidin, regardless of application method, to linden trees, basswood trees or other Tilia species. (2) F…

603-057-0392 Limitations on Pesticide Products Containing Aminocyclopyrachlor (1) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor on any of the following sites: (a) Rights of way; (b) Natural areas, s…

603-057-0405 General Requirements As specified by Oregon Laws 1999, Chapter 1059, Sections 2 to 11, 15, 20, 21 and 22, each pesticide user must report to the Oregon Department of Agriculture the use of any pesticide product, as defined by ORS 634.006(8) except antimicrobial pesti…

603-057-0410 Pesticide Users Required to Report (1) All pesticide products used by each pesticide user shall be reported at least once yearly to the Department. All pesticide use in a given calendar year shall be reported no later than January 31 of the following calendar year. A…

603-057-0411 Pesticide User Information (1) Before filing pesticides use reports with the Department, each pesticide user shall register with the Department. The Department will record the pesticide user identification information identified below in a database separate from the …

603-057-0412 Pesticide Product Identification; Date of Use; Amount Each report of pesticide use shall include the following information regarding the identification and amount of pesticide product used: (1) The name of the specific pesticide product used. (2) The United States En…

603-057-0413 Description of the Type of Site Where the Pesticide Was Used Each report of pesticide use shall include a general description of the type of site where the pesticide was used. Site descriptions must be chosen from the list of options developed by the Department. Site…