Chapter 634 — Chapter 634

ORS 634.215 [1953 c.685 §12; 1961 c.294 §3; repealed by 1973 c.341 §37]

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ORS 634.216 Protected area as governmental subdivision upon completion of required filings. 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 Secretary of State. Upon such required filings, the protected area shall be deemed to be a governmental subdivision of the state and a public body corporate. [1973 c.341 §26; 2009 c.98 §28]

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ORS 634.217 [1953 c.685 §12; 1961 c.294 §4; repealed by 1973 c.341 §37]

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ORS 634.220 [1953 c.685 §12; 1961 c.294 §5; repealed by 1973 c.341 §37]

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ORS 634.222 Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence. 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 State, shall be admissible evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof. [1973 c.341 §31]

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ORS 634.225 [1953 c.685 §12; 1961 c.294 §6; repealed by 1973 c.341 §37]

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ORS 634.226 Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority. (1) 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

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ORS 634.230 [Amended by 1953 c.685 §12; 1961 c.294 §7; 1965 c.22 §4; repealed by 1973 c.341 §37]

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ORS 634.232 Restricted area formation; matters to be considered; additional area committee member. (1) 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

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ORS 634.233 [1961 c.294 §9; 1969 c.268 §5; repealed by 1973 c.341 §37]

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ORS 634.234 [1969 c.268 §3; repealed by 1973 c.341 §37]

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ORS 634.235 [1953 c.685 §12; 1961 c.294 §10; 1969 c.268 §6; 1971 c.620 §1; repealed by 1973 c.341 §37]

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ORS 634.236 Increasing or decreasing size of protected area; consolidation of areas. (1) 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 petition shall be those set forth in ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines

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ORS 634.240 [Amended by 1953 c.685 §12; 1961 c.294 §11; 1969 c.131 §4; repealed by 1973 c.341 §37]

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ORS 634.242 Taxing power of area committee; limitation on amount of levy. (1) 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

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ORS 634.245 [1953 c.685 §12; repealed by 1969 c.268 §16]

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ORS 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]

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ORS 634.260 [Repealed by 1973 c.341 §37]

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ORS 634.270 [Repealed by 1973 c.341 §37]

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ORS 634.280 [1965 c.22 §3; repealed by 1973 c.341 §37]

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ORS 634.300 [1969 c.268 §8; repealed by 1973 c.341 §37]

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ORS 634.306 General duties and powers of department; rules. 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

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ORS 634.310 [1969 c.268 §9; repealed by 1973 c.341 §37]

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ORS 634.312 Department to develop programs for solution of pesticide and synthetic chemical problems. 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 pesticides and other synthetic chemicals prohibited from distribution, application or use because of a violation of or noncompliance with a law or regulation. The State Department of Agriculture shall review scientific information relating to such problems and develop immediate and long-range programs or plans for solutions to such problems, and for these purposes seek the advice of governmental agencies or bodies. [1973 c.341 §4; 1993 c.742 §112]

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ORS 634.316 List of highly toxic and restricted-use pesticides. 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. [1973 c.341 §8]

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ORS 634.320 [1969 c.268 §10; repealed by 1973 c.341 §37]

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ORS 634.322 Enforcement powers of department. In carrying out and enforcing the provisions of this chapter, the State Department of Agriculture is authorized

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ORS 634.326 Use of moneys received by department. (1) 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

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ORS 634.330 [1969 c.268 §11; repealed by 1971 c.699 §22]

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ORS 634.340 [1969 c.268 §12; repealed by 1971 c.699 §22]

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ORS 634.350 [1969 c.268 §2; 1971 c.699 §18; repealed by 1973 c.341 §37]

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ORS 634.352 [1973 c.341 §5; 1979 c.232 §4; 1993 c.742 §111]

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ORS 634.356 [1973 c.341 §6; 1993 c.742 §111]

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ORS 634.360 [1969 c.268 §13; repealed by 1971 c.699 §22]

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ORS 634.372 Prohibited acts. A person may not

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ORS 634.375 Sanctions for failure to pay civil penalty. 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. [2015 c.833 §10]

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ORS 634.410 Study of effects of thiram on health and safety; evaluation; report. 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 include evaluation of alternative precautionary measures that may be taken to protect the health and safety of individuals involved in reforestation activities who handle tree seedlings treated with thiram. The board shall report its findings and recommendations to the State Department of Agriculture not later than December 1, 1976. [1975 c.777 §2]

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ORS 634.415 Rules to insure adequate precautionary measures in use of thiram in reforestation. 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. [1975 c.777 §3]

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ORS 634.420 Limit on use of thiram; effect of study. 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 creating a serious health or safety hazard to individuals involved in reforestation activities who handle tree seedlings treated with thiram and that adequate precautionary measures may be reasonably undertaken to offset any substantial hazards involved in the use of thiram. [1975 c.777 §4]

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ORS 634.425 Construction of ORS 634.410 to 634.425. 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. [1975 c.777 §5]

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ORS 634.500 Definitions for ORS 634.500 to 634.520. As used in ORS 634.500 to 634.520

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ORS 634.505 Prohibition against sale of compound that releases certain substances in water; exception. 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. [1987 c.207 §3]

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ORS 634.510 Conditions for sale. A tributyltin-based marine antifouling paint or coating may be sold or used in this state if the paint or coating is

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ORS 634.515 Sale by pesticide dealer; duties of customer. (1) 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

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ORS 634.520 Report of sales to department. (1) 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

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ORS 634.525 [Formerly 488.885; repealed by 1991 c.67 §6]

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ORS 634.550 Center governing board; duties and powers. (1) There is created a Pesticide Analytical and Response Center with a governing board consisting of the following members

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ORS 634.555 Pesticide incident telephone line. (1) 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

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ORS 634.557 Biennial reporting of telephone line operations. 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 line. [2015 c.833 §16]

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ORS 634.600 Committee members; appointment; compensation and expenses; duties. (1) 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

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