Chapter 634 — Chapter 634

ORS 634.005 Short title; policy statement. 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 for the control of insects, plant diseases and weeds. Many more pesticides will be discovered and needed. Such materials, however, may injure health, property, wildlife or environment by being distributed, stored, transported, applied or used in an improper or careless manner. The pesticide industry of this state has achieved and maintained high standards in its formulation and use of pesticides while at the same time experiencing a minimum of injury to persons, property or the environment. Currently updating the law to maintain this achievement and to consider future new pesticides and problems is necessary for the protection of persons, property, wildlife and environment of this state. [Formerly 634.012]

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ORS 634.006 Definitions. As used in this chapter unless the context requires otherwise

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ORS 634.007 [1995 s.s. c.3 §38a; repealed by 1996 c.10 §3 (634.055 enacted in lieu of 634.007)]

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ORS 634.009 [1995 s.s. c.3 §38b; repealed by 1996 c.10 §5 (634.057 enacted in lieu of 634.009)]

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ORS 634.010 [Repealed by 1953 c.118 §2]

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ORS 634.011 [1995 s.s. c.3 §38c; repealed by 1996 c.10 §7 (634.060 enacted in lieu of 634.011)]

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ORS 634.012 [1973 c.341 §2; renumbered 634.005 in 1995]

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ORS 634.013 [1995 s.s. c.3 §38d; repealed by 1996 c.10 §9 (634.063 enacted in lieu of 634.013)]

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ORS 634.015 [1995 s.s. c.3 §38e; repealed by 1996 c.10 §11 (634.065 enacted in lieu of 634.015)]

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ORS 634.016 Registration of pesticides and application devices; fee; contents of application; restriction on pesticide distribution and use; exemptions. (1) 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

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ORS 634.020 [Repealed by 1953 c.118 §2]

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ORS 634.022 Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law. (1) 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 quality

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ORS 634.026 Pesticide labeling requirements; highly toxic pesticides; applicability of law. (1) If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with

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ORS 634.030 [Repealed by 1953 c.118 §2]

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ORS 634.032 When pesticide is misbranded. Pesticides shall be deemed misbranded if

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ORS 634.036 When pesticide is adulterated. A pesticide shall be deemed to be adulterated if

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ORS 634.040 [Repealed by 1953 c.118 §2]

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ORS 634.042 Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix. (1) 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 application of ORS 616.235 (1)(b), unless

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ORS 634.045 Avoidance of adverse effects on pollinating insects. (1)(a) 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

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ORS 634.048 Website information regarding pesticides. 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. [2015 c.833 §17]

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ORS 634.050 [Repealed by 1953 c.118 §2]

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ORS 634.055 Legislative findings. 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 essential to the public health, safety and welfare and that local regulation of pesticides does not materially assist in achieving these benefits. [1996 c.10 §4 (enacted in lieu of 634.007)]

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ORS 634.057 State preemption of local pesticide regulation. 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

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ORS 634.060 Actions allowed by city, town, county or other political subdivision. 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. [1996 c.10 §8 (enacted in lieu of 634.011)]

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ORS 634.063 Exceptions to state preemption of pesticide regulation. 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

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ORS 634.065 Department consideration of concerns raised by city, town, county or political subdivision. 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. [1996 c.10 §12 (enacted in lieu of 634.015)]

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ORS 634.106 Applicability of ORS 634.112 to 634.126 and 634.146. ORS 634.112 to 634.126 and 634.146 shall not apply to

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ORS 634.110 [Repealed by 1953 c.117 §2]

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ORS 634.112 Renewal of licenses or certificates; delinquency. (1) 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 days prior to the expiration date, the department shall by mail notify each person holding a license or certificate of the expiration date thereof

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ORS 634.116 Pesticide operator license; authorized activities; fees; pesticide applicator license; liability insurance; limitation on damages; rules; exemptions. (1) 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, state or local agencies, instrumentalities, political subdivisions, counties, cities, towns, municipal corporations, irrigation, drainage or other districts, other federal, state or local governmental bodies or an Indian tribe

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ORS 634.118 Limited exemption for pesticide application using battery-powered device; records. (1) As used in this section, “campus” and “school” have the meanings given those terms in ORS 634.700

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ORS 634.120 [Repealed by 1953 c.117 §2]

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ORS 634.122 Applicator license; qualifications; examination; fee. (1) 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

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ORS 634.124 Noncommercial pesticide applicator license; fee; rules. (1) An applicant for a noncommercial pesticide applicator license must

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ORS 634.126 Trainee certificate; renewal; fee. (1) 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

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ORS 634.127 Noncommercial pesticide trainee certificate; fee. (1) 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

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ORS 634.128 Aerial pesticide applicator certificate; fee. (1) 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

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ORS 634.130 [Repealed by 1953 c.117 §2]

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ORS 634.132 Consultant license; fee; qualifications; examination; applicability of law. (1) The annual license fee for a pesticide consultant shall be established by the State Department of Agriculture not to exceed $40

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ORS 634.136 Dealer license; fee; applicability of law. (1) 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

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ORS 634.140 [Repealed by 1953 c.117 §2]

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ORS 634.142 Private applicator certificate; standards; fee. (1) 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)

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ORS 634.146 Records required of operators; retention period; report to owner of treated field crops. (1) Pesticide operators shall prepare and maintain records on forms approved by the State Department of Agriculture. Such records shall include

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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

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ORS 634.172 Procedure for making liability claim against landowner or pesticide operator; investigation of report of loss; claim procedure not waiver of governmental immunity. (1) 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 the time when 50 percent of the crop is harvested, the person commencing the action

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ORS 634.206 Continuation of protected and restricted areas created by former law. 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 provisions of ORS chapter 573. Each protected area or restricted area hereby created shall bear the name of the formerly designated protected area or restricted area with which it is territorially identical. It shall succeed to the duties, obligations, property, rights and privileges of such formerly designated protected area or restricted area and shall function as authorized by the provisions of this chapter. [1973 c.341 §24]

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ORS 634.210 [Amended by 1953 c.685 §12; repealed by 1961 c.294 §1 (634.211 enacted in lieu of 634.210)]

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ORS 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]

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ORS 634.212 Formation of protected areas; petition; filing fee; guidelines for determinations by director. (1) 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 quarantines

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ORS 634.213 [1961 c.642 §18; repealed by 1973 c.341 §37]

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