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

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…

As used in this chapter unless the context requires otherwise: (1) “Antidote” means a practical immediate treatment in case of poisoning and includes first-aid treatment. (2) “Brand” or “trademark” means any word, name, symbol or any combination thereof adopted or used by a perso…

(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. (2) Every device manufactured, delivered, distribu…

(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 tha…

(1) If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with: (a) The name and address of the manufacturer or person for whom it was manufactured. (b) The brand name or trademark under which the material is…

Pesticides shall be deemed misbranded if: (1) The package or container of such materials bears any false or misleading statement. (2) The container or package of such materials is not labeled as required by ORS 634.026. [1973 c.341 §11]

A pesticide shall be deemed to be adulterated if: (1) It is a pesticide other than a herbicide, defoliant or desiccant, is intended for use on vegetation and contains any substance which is injurious to such vegetation when used as directed under normal growing conditions. (2) Th…

(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…

(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. (b) The educational materi…

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 63…

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, c…

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: (1) Labeling; (2) Registration; (3) Notification of use; (4) Advertising and marketing; (5) D…

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.…

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: (1) The Uniform Building Code published by the International Conferen…

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)] LICENSING AND CERTIFICATIO…

ORS 634.112 to 634.126 and 634.146 shall not apply to: (1) Manufacturers of materials engaged in research or experimental work on pesticides. (2) Persons engaged in the business of a pesticide operator or applicator only in the application of any pollenicide. (3) Persons licensed…

(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…

(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…

(1) As used in this section, “campus” and “school” have the meanings given those terms in ORS 634.700. (2) Notwithstanding ORS 634.116 (13) and (15)(b), an employee of the agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, gover…

(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: (a) Is at least 18 years of age; and (b) Proves to the satisfaction of the department th…

(1) An applicant for a noncommercial pesticide applicator license must: (a) Be at least 18 years of age at the time the license is issued; and (b) Demonstrate to the satisfaction of the State Department of Agriculture, on a written examination or any reexamination given by the de…

(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: (a) Is at least 18 years of age; (b) Is employed by a licen…

(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: (a) Is at least 18 years of age; (b) Is working…

(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. (2) The department may issue an aerial pesticide applicator certificate to an indi…

(1) The annual license fee for a pesticide consultant shall be established by the State Department of Agriculture not to exceed $40. (2) An applicant for a pesticide consultant’s license shall be required to demonstrate satisfactorily by written examination or any reexamination g…

(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. (2) This section shall not apply to: (a) Any licensed pesticide operator who se…

(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). (2) A fee, established by the department, shall be …

(1) Pesticide operators shall prepare and maintain records on forms approved by the State Department of Agriculture. Such records shall include: (a) The name of the person for whom the pesticide was applied. (b) The approximate location of the land or property on which the pestic…

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…

(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…

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 prote…

(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 …

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…

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 …

(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 yea…

(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 t…

(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 prot…

(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. (2) The levy in any one year shall not exceed…

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: (1) Establish and maintain a program required for an individual to work or enga…

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 u…

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]

In carrying out and enforcing the provisions of this chapter, the State Department of Agriculture is authorized: (1) To collect samples of pesticides from any source, for analysis to determine compliance with this chapter. (2) In accordance with the provisions of ORS 561.605 to 5…

(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 …

A person may not: (1) Make false or misleading claims through any media, relating to the effect of pesticides or application methods to be utilized. (2) As a pesticide applicator, noncommercial applicator, public applicator or pesticide operator, intentionally or willfully apply …

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 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 f…

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 §…

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 63…

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] TRIBUTYLTIN COMPOUNDS

As used in ORS 634.500 to 634.520: (1) “Low-leaching tributyltin antifouling paint or coating” means a tributyltin-based marine antifouling paint or coating that has a steady state release rate of not more than 5.0 micrograms per square centimeter per day as determined in accorda…