Title 49, Food and Other Commodities; Purity, Sanitation, Grades, Standards, Labels, Weights and Measures

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 …

A tributyltin-based marine antifouling paint or coating may be sold or used in this state if the paint or coating is: (1) Sold and used in accordance with ORS 634.515 and 634.520; and (2)(a) A low-leaching tributyltin antifouling paint or coating used on aluminum hulls; (b) A low…

(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: (a) A low-leaching tributyltin antifouling paint or coating may be sold in Oregon only by a pesticide d…

(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. (2) The report required under subsection (1) of this section shall be submitted to the depart…

(1) There is created a Pesticide Analytical and Response Center with a governing board consisting of the following members: (a) The Director of Agriculture or designee. (b) The State Forester or designee. (c) The State Fish and Wildlife Director or designee. (d) The Director of t…

(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 p…

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 Pe…

(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 …

As used in ORS 634.650 to 634.665: (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 …

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 Coordinato…

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] Note: See note under 634.650.

(1) There is established an Integrated Pest Management Coordinating Committee, consisting of: (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 universit…

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: (1) State Department of Agriculture. (2) State Department of Fish and Wildlife. (3…

(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. (2) Each state agency or public university listed or referred to under ORS 634.660 shall designate a…

As used in ORS 634.700 to 634.750: (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…

(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: (A) Designating an integrated pest management plan coordinator; (B) Identifying plan coordi…

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]

(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 p…

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 applicatio…

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]

(1) Subject to subsection (2) of this section: (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…

(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 m…

(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 sh…

(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 violatio…

(1) Any civil penalty under ORS 634.900 shall be imposed as provided in ORS 183.745. (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…

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]

(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. (2) In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture shall consi…

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 pesti…

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] _______________