124 sections in this chapter.
ORS 634.650 Definitions for ORS 634.650 to 634.665. As used in ORS 634.650 to 634.665
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(1) “Integrated pest management” means a science-based decision-making process that: (a) Identifies and reduces risks from pests and from pest management-related strategies; (b) Coordinates the use of pest biology, environmental information and comprehensive technology to prevent…
ORS 634.653 Appointment of State Integrated Pest Management Coordinator. 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. [2013 c.289 §2]
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Note: See note under 634.650.
ORS 634.655 Policy. 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. [1991 c.943 §2]
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Note: See note under 634.650.
ORS 634.657 Integrated Pest Management Coordinating Committee; purposes; report; funding. (1) There is established an Integrated Pest Management Coordinating Committee, consisting of
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(a) The State Integrated Pest Management Coordinator; (b) The integrated pest management coordinator for each state agency listed in ORS 634.660; (c) A representative of public universities listed in ORS 352.002, appointed by the Higher Education Coordinating Commission; and (d) …
ORS 634.660 Agencies and universities required to implement integrated pest management. 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
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(1) State Department of Agriculture. (2) State Department of Fish and Wildlife. (3) Department of Transportation. (4) State Parks and Recreation Department. (5) State Forestry Department. (6) Department of Corrections. (7) Oregon Department of Administrative Services. (8) Departm…
ORS 634.665 Agencies and universities to provide personnel training; appointment of coordinators; duties. (1) 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
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(2) 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: (a) Must be a state or public university employee; (b) Shall manage the integrated pest manage…
ORS 634.670 [1991 c.943 §5; repealed by 2001 c.413 §12]
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(Schools)
ORS 634.700 Definitions for ORS 634.700 to 634.750. As used in ORS 634.700 to 634.750
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(1) “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. (2) “Governing body” means a board of directors, agency or ot…
ORS 634.705 Adoption of integrated pest management plan and related provisions; exceptions; publication; low-impact pesticide list. (1)(a) 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
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(A) Designating an integrated pest management plan coordinator; (B) Identifying plan coordinator responsibilities; (C) Giving notices under ORS 634.740; (D) Retaining pesticide application records under ORS 634.750; (E) Providing a process for responding to inquiries and complain…
ORS 634.710 Plan selection. 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. [2009 c.501 §9]
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[Repealed or reserved.]
ORS 634.720 Plan coordinators. (1) 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 services of at least one integrated pest management plan coordinator. A plan coordinator may serve more than one school. The responsibilities of the plan coordinator shall include, but need not be limited to
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(a) Giving notice and posting warnings under ORS 634.740; (b) Overseeing pest prevention efforts; (c) Providing for the identification and evaluation of pest situations; (d) Determining the means of appropriately managing pest damage that will cause the least possible hazard to p…
ORS 634.725 Application of low-impact pesticide. 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 or a public applicator. The use of a pesticide applicator, noncommercial pesticide applicator or public applicator to make an application does not cancel, alter or reassign any of the duties imposed under ORS 634.740 or 634.750. [2009 c.501 §5; 2022 c.53 §10]
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[Repealed or reserved.]
ORS 634.728 Pesticides used at community colleges for research or instruction. 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. [2013 c.241 §2]
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[Repealed or reserved.]
ORS 634.730 Reentry into sprayed area; exception; declaration of pest emergency. (1) Subject to subsection (2) of this section
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(a) 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. (b) If the labeling of a pesticide product does not specify a reentry…
ORS 634.740 Written notice requirements; warning signs; failure to notify or warn. (1) 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 administrators, faculty members and staff members. The plan coordinator or designee may give a written notice described in this subsection by any reasonable means, including but not limited to, electronic mail
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(2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients. (3) Except as provided …
ORS 634.750 Pesticide application records. (1) 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
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(a) The brand name or trademark of the pesticide product; (b) The United States Environmental Protection Agency registration number assigned to the pesticide product; (c) The pest condition that prompted the application; (d) A description of the area on campus where the applicati…
ORS 634.900 Penalty for certain violations; amount. (1) 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 a civil penalty of not more than $4,000
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(2) Notwithstanding subsection (1) of this section, if the violation of a provision relating to pesticide application, sale or labeling results from gross negligence or willful misconduct, the civil penalty for a first or subsequent violation may not exceed $10,000. (3) A civil p…
ORS 634.905 When penalty payable; notice; hearing. (1) Any civil penalty under ORS 634.900 shall be imposed as provided in ORS 183.745
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(2) 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. [1989 c.943 §3; 1991 c.734 §57; 1999 c.59 §186]
ORS 634.910 Reduction of penalty; criteria. 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. [1989 c.943 §4]
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[Repealed or reserved.]
ORS 634.915 Schedule for penalty amounts; criteria; rules. (1) 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
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(2) In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct…
ORS 634.920 [1989 c.943 §§6,7; repealed by 1991 c.734 §122]
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[Repealed or reserved.]
ORS 634.925 Disposition of penalties collected. 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. [1989 c.943 §8]
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[Repealed or reserved.]
ORS 634.990 [Amended by 1961 c.294 §13; repealed by 1973 c.341 §37]
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CRIMINAL PENALTIES
ORS 634.992 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. [1973 c.341 §36; 2011 c.597 §256; 2021 c.177 §5]
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