justicedao/ipfs_state_laws huggingface dataset:
603-057-0190 License Equivalency Provision for Noncommercial Pesticide Use ( 1 ) Pursuant to ORS 634.006(12), an appropriately licensed commercial applicator is not required to additionally obtain and maintain a noncommercial applicator license to use, apply, or supervise the use of restricted-use or highly toxic pesticides to land or property owned or leased by the licensed commercial pesticide applicator or their employer if all of the following conditions are met: (a) The individual applies or otherwise uses pesticides only in the license categories listed on the individual’s commercial applicator license; (b) The individual applies or otherwise uses pesticides only in the course of their employment with a licensed pesticide operator; and (c) The licensed pesticide operator prepares and maintains the records, and submits the reports, required of pesticide operators by ORS 634.146 and OAR 603-057-0130. (2) This rule shall not apply to individuals who perform the work, duties or responsibilities of a private applicator or a public applicator. Statutory/Other Authority: HB 4062 (2022) Section 2(9), ORS 634.146 & ORS 634.306(13) Statutes/Other Implemented: ORS 634.006(12) & 634.006(8) History: DOA 38-2023, adopt filed 10/30/2023, effective 11/17/2023
603-057-0200 Limitations on Restricted Use Pesticides As provided in ORS 634.306 and ORS 634.322 and in addition to other provisions of ORS Chapter 634, the following limitations and procedures shall apply to the distribution and use of restricted use pesticides identified in OAR 603-057-0205: (1) A restricted use pesticide shall only be: (a) Distributed for use by and used by an appropriately licensed commercial, noncommercial, public or private applicator; and (b) Distributed or sold to users by an appropriately licensed pesticide dealer. (2) A private applicator, a pesticide operator, a commercial applicator, a noncommercial applicator, a public applicator, or their designated agent shall display their appropriate certificate or license to the pesticide dealer at the time of purchase of a restricted use pesticide, so that the number thereof may be recorded by the pesticide dealer pursuant to OAR 603-057-0140. Statutory/Other Authority: ORS 561.190 & 634 Statutes/Other Implemented: ORS 634.306, 634.322 & HB 4062 (2022) History: DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023 AD 13-1992, f. & cert. ef. 10-13-92 AD 10-1987, f. & ef. 7-1-87 AD 7-1977, f. & ef. 4-5-77 AD 1036(26-74), f. 8-20-74, ef. 9-11-74
603-057-0205 Listing of Restricted Use Pesticides As provided in ORS 634.006(22), 634.306(4), and 634.316, restricted-use pesticides shall include all of the following: (1) Any pesticide active ingredient, formulation, product or usage classified as restricted-use by the United States Environmental Protection Agency, through administration of the Federal Insecticide, Fungicide and Rodenticide Act, and identified in current Title 40, Chapter 1, Sub-Chapter E, Part 152 of the Code of Federal Regulations; (2) Any pesticide product having labeling which specifies the product as being restricted-use and has been accepted by the department for the purpose of registration as provided in ORS 634.016; or (3) Any pesticide or device which the department has found and determined to be so injurious or detrimental to persons (including sensitive subgroups) , pollinating insects, bees, animals, crops, wildlife, land or environment, other than the pests it is intended to prevent, destroy, control or mitigate, that additional restrictions are required. In establishing and maintaining classifications of restricted-use pesticides and devices, the department shall take into consideration: (a) Laws and regulations of the federal government, including the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended, and the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973; (b) Laws and regulations of other states; and (c) Advice and counsel of experts in pesticides from industry, universities and colleges and other governmental agencies or bodies, and of other stakeholders. Statutory/Other Authority: ORS 561.190 & 634.306 Statutes/Other Implemented: ORS 634.306 & 634.316 History: DOA 22-2020, amend filed 12/15/2020, effective 12/15/2020 AD 13-1992, f. & cert. ef. 10-13-92 AD 17-1990, f. & cert. ef. 10-2-90 Reverted to AD 10-1987, f. & ef. 7-1-87 AD 1-1990(Temp), f. & cert. ef. 3-1-90 AD 10-1987, f. & ef. 7-1-87 AD 12-1985, f. & ef. 11-27-85 AD 24-1981, f. & ef. 12-1-81 AD 7-1980, f. & ef. 9-25-80 AD 8-1978, f. & ef. 6-23-78 AD 28-1977, f. & ef. 12-5-77 AD 7-1977, f. & ef. 4-5-77 AD 1036(26-74), f. 8-20-74, ef. 9-11-74
603-057-0216 Pesticide Residue Tolerances in Foods The rules governing residue tolerances of pesticides permitted on raw agricultural products and the exemptions from such tolerances, adopted by the United States Environmental Protection Agency and in effect as of the effective date of this rule, are hereby adopted by the Department as the rules governing residue tolerances of pesticides permitted on raw agricultural products and exemptions from such tolerances in the State of Oregon. Said federal rules are set forth in Title 40 Code of Federal Regulations (CFR), Chapter 1, Part 180. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306 & 634.042 History: DOA 16-2007, f. & cert. ef. 10-25-07 DOA 9-2007(Temp), f. & cert. ef. 6-7-07 thru 12-1-07 AD 7-1977, f. & ef. 4-5-77
603-057-0301 2,4-D; High Volatile Esters The high volatile esters of 2,4-D (2,4-Dichlorophenoxyacetic acid), including the methyl, ethyl, propyl, butyl, and amyl esters thereof, shall be subject to the restrictions and conditions on the use or application thereof as set forth in OAR 603-057-0305 to 603-057-0320. Statutory/Other Authority: ORS 561.190, 634.306 & 634.322 Statutes/Other Implemented: ORS 634.306 & 634.322 History: AD 1072(18-75), f. & ef. 12-5-75
603-057-0305 Areas Affected All lands situated north of Interstate Highway 80N within the Counties of Morrow and Umatilla, excluding therefrom land presently subject to the East Umatilla Chemical Control District Order, shall be subject to the restrictions and limitations set forth in OAR 603-057-0305 to 603-057-0320. Statutory/Other Authority: ORS 561.190, 634.306 & 634.322 Statutes/Other Implemented: ORS 634.306 & 634.322 History: AD 1072(18-75), f. & ef. 12-5-75
603-057-0310 Time Period The restrictions and conditions on the use or application of the high volatile esters of 2,4-D specified in OAR 603-057-0301 shall apply for the period of April 1 to September 1 of each year. Statutory/Other Authority: ORS 561.190, 634.306 & 634.322 Statutes/Other Implemented: ORS 634.306 & 634.322 History: AD 1072(18-75), f. & ef. 12-5-75
603-057-0315 Prohibited Acts (1) No landowner shall use, apply, or cause to be applied, either by ground or aerial equipment, 2,4-D in the formulations described in OAR 603-057-0301 within the area prescribed in 603-057-0305 or within the time period prescribed by 603-057-0310, without first having applied for and received a permit from the Department as provided in 603-057-0320. (2) No commercial applicator, public applicator, noncommercial applicator, trainee as described in ORS 634.006, or pesticide operator shall use, apply, or cause to be applied, either by ground or aerial equipment, 2,4-D as prescribed in section (1) of this rule without first having received a copy of a valid permit from the landowner as provided in OAR 603-057-0320. (3) No person shall violate the restrictions or conditions of a permit issued under OAR 603-057-0320. Statutory/Other Authority: ORS 561.190, 634.306 & 634.322 Statutes/Other Implemented: 634.306, 634.322 & HB 4062 (2022) History: DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023 AD 1072(18-75), f. & ef. 12-5-75
603-057-0320 Permits and Applications (1) Application for a permit to use or apply 2,4-D, otherwise prohibited by the provisions of OAR 603-057-0315, shall be made by a landowner to the Department on forms prescribed by the Department or, should there be insufficient time to utilize the United States mail, be made by a landowner by means of telegram or telephone to the Department. The application shall contain the following: (a) The name and address of the landowner-applicant; (b) The names of any authorized agents of the landowner; (c) The crops to which the pesticide is to be applied; (d) The amount of acreage to which the pesticide will be applied and the location of such acreage; (e) The purpose for which the pesticide is to be applied or used; (f) The amount of the pesticide to be applied, the common or chemical name of the pesticide, and the rate of application per acre; (g) The name and address of any person other than the landowner intended to apply the pesticide. (2) Permits shall be on forms prescribed by the Department and, in addition to the information described in section (1) of this rule, shall include a permit number, dates of issuance and expiration, and any special restrictions and conditions on the use or application being permitted. (3) The person to whom a permit is issued shall retain a copy of the same until 60 days after the expiration date of such permit, and shall deliver a copy of such permit to any other person applying or causing application of the pesticide who shall also retain his copy of the permit until 60 days after the expiration date of such permit. (4) Permits shall only be issued upon the determination by the Department that the use or application of the pesticide is for the eradication or control of sagebrush or rabbit brush, and upon the further determination of the Department that the geography, time periods, and climatic conditions would reasonably allow the use or application of the pesticide without substantial adverse effects upon grapes. Statutory/Other Authority: ORS 561.190, 634.306 & 634.322 Statutes/Other Implemented: ORS 634.306 & 634.322 History: AD 1072(18-75), f. & ef. 12-5-75
603-057-0325 Sodium Cyanide and M-44 Device Sodium cyanide and the M-44 device shall be subject to the restrictions and conditions set forth in OAR 603-057-0335 to 603-057-0350. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(5) History: AD 6-1997, f. & cert. ef. 6-11-97
603-057-0335 Sodium Cyanide and M-44 Device; Restrictions on Use Only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators in the category specified in OAR 603-057-0115(4)(a), shall be entitled to use sodium cyanide and the M-44 device for the control of coyotes and certain other wild canids. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(13) & 634.322(6) History: AD 6-1997, f. & cert. ef. 6-11-97 AD 12-1985, f. & ef. 11-27-85 AD 1-1982, f. & ef. 3-5-82 AD 7-1977, f. & ef. 4-5-77 AD 1066(12-75), f. 8-11-75, ef. 10-15-75
603-057-0350 Sodium Cyanide and the M-44 Device; Records and Reports (1) Public pesticide applicators using sodium cyanide and the M-44 device shall not be required to keep records as specified in ORS 634.146 or OAR 603-057-0130, but instead shall make and maintain records which contain but are not limited to the following: (a) Species and numbers of animals eradicated, whether target or non-target, and the dates and locations thereof; (b) Numbers and locations of devices emplaced, with dates of installations and retrievals; (c) Numbers and locations of warning signs posted; (d) The name and address of the person on whose property sodium cyanide and the M-44 device was used; and (e) The name and address of the pesticide applicator. (2) The records required by section (1) of this rule shall be made available to the Department for inspection and verification. Upon request of the Department, such record information shall be submitted to the Department in the form of periodic reports. Such records shall be maintained by the user for at least three years after the cessation of the user use activity. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(13) & 634.322(6) History: AD 6-1997, f. & cert. ef. 6-11-97 AD 12-1985, f. & ef. 11-27-85 AD 1-1982, f. & ef. 3-5-82 AD 1066(12-75), f. 8-11-75, ef. 10-15-75
603-057-0355 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar (1) Sodium fluoroacetate (Compound 1080) and the livestock protection collar shall be subject to the restrictions and conditions set forth in OAR 603-057-0360 to 603-057-0375. (2) Failure to comply with the restrictions and conditions set forth in OAR 603-057-0360 to 603-057-0375, as determined by the Oregon Department of Agriculture, may be used as a basis for one or more of the following actions: (a) To revoke, suspend or refuse to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4); (b) To amend, suspend or revoke the registration(s) pertaining to the livestock protection collar in accordance with ORS 634.322(5); (c) To impose a civil penalty, in accordance with ORS 634.900; (d) To initiate and pursue any other action of an enforcement nature available through ORS 634. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(13) & 634.322(6) History: AD 6-1997, f. & cert. ef. 6-11-97 AD 7-1977, f. & ef. 4-5-77
603-057-0365 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Registrant of Livestock Protection Collars Only the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control may be the registrant of the livestock protection collar containing the active ingredient sodium fluoroacetate (Compound 1080). Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(13) & 634.322(6) History: AD 6-1997, f. & cert. ef. 6-11-97 AD 7-1977, f. & ef. 4-5-77
603-057-0375 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Records and Reports (1) Public pesticide applicators using the livestock protection collar shall not be required to keep records as specified in ORS 634.146 or OAR-603-057-0130, but instead shall make and maintain records which contain but are not limited to the following: (a) The name and address of the person on whose property the livestock protection collar was used and the name and address of the public pesticide applicator; (b) The location and size of agricultural or rangeland areas (fields) in which the livestock protection collars containing sodium fluoroacetate (Compound 1080) were used; (c) The date each individual collar was obtained by the applicator, placed on livestock, punctured or ruptured (along with apparent cause), lost or unrecovered, or removed and put in storage; (d) The species, date, and location of each animal found poisoned or suspected of having been poisoned as a result of the use of Compound 1080 in livestock protection collars; (e) A written description of any intensive search for missing collars or poisoned animals conducted as specified in OAR 603-057-0360(3)(j) and (k). (2) The registrant shall keep records of all collars distributed. Records shall include the name and address of each recipient along with dates and numbers of collars received. (3) The records required by sections (1) and (2) of this rule shall be maintained by the applicator for a period of three years and shall be made available to the Department for inspection and verification upon request of the Department. This record information shall be submitted to the Department and the U.S. Environmental Protection Agency in the form of periodic reports. Any poisoning of non-target species shall be reported immediately (within three days) to the U. S. Environmental Protection Agency and the Department. Each accident or injury to humans or domestic animals shall likewise be reported. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(13) & 634.322(6) History: AD 6-1997, f. & cert. ef. 6-11-97 AD 7-1977, f. & ef. 4-5-77
603-057-0376 Microencapsulated Methyl Parathion (1) Microencapsulated methyl parathion shall be subject to the restrictions and conditions on the use thereof as set forth in this rule. (2) In recognition of the possible injurious or adverse effects to bees from their exposure to miroencapsulated methyl parathion, such insecticide: (a) Shall not be applied on any field crop having an average of five or more blooms per square yard for the area to be sprayed; (b) Shall not be applied to any corn crop having ten percent or more of its plants with spike anthers; (c) Shall not be applied on any orchard or vineyard having an average of one or more open blooms per tree or vine (except second bloom of pears); and (d) Shall not be applied on any field crop, orchard, vineyard, fence line, ditch bank or edge of agricultural land, having an average of five or more weed blooms per square yard. (3) The following applications of microencapsulated methyl parathion shall be exempt from the restrictions of section (2) of this rule; if such applications are made in accordance with the label directions for such insecticide, and if such label is a part of the federal and state registrations of such pesticide: (a) Applications on tree fruit in the “Hood River-The Dalles” growing areas made at least 30 days after full bloom of the Red Delicious apples and made not less than 14 days prior to harvest of such tree fruit (the date of Red Delicious apple “full bloom” for any particular area shall be established by the Department, in consultation with the Oregon State University Extension Service Agent for such particular area); (b) Applications on wheat in growing areas east of the Cascade Mountain Range, during the fall and winter seasons of each year; (c) Applications on dry onions when such applications are made by ground equipment; and (d) Applications on white-blooming peas. (4) Microencapsulated methyl parathion is a highly toxic pesticide and therefore is also subject to the restrictions set forth in OAR 603-057-0200. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306 & 634.322 History: AD 19-1978, f. & ef. 12-11-78
603-057-0378 Limitations on Pesticide Products Containing Clopyralid (1) Any application or use of a pesticide product known to contain the active ingredient clopyralid to a location other than an agricultural, forest, right-of way, golf course or cemetery site is prohibited. (2) For the application or use of a pesticide product containing clopyralid on a site allowed under (1) above, all applicable label instructions must be followed. Providing grass clippings or other materials from a treated site for use in compost is prohibited. (3) Pesticide products known to contain the active ingredient clopyralid and having product labeling which authorizes application or use on an agricultural, forest, right-of way, golf course or cemetery site, or on any other site, may be registered and distributed during 2003. For 2004 and subsequent years, a pesticide product known to contain the active ingredient clopyralid must satisfy one of the following requirements in order to be registered: (a) The label must specify that the product may only be used on sites allowed by (1) above; or (b) The label must clearly and prominently display the following statement: "Use of this product in Oregon is limited to the sites stated on this label which are agricultural, forest, right-of-way, golf course or cemetery sites." (4) Failure to comply with sections (1), (2), or (3) above may result in one or more of the following actions: (a) Revocation, suspension or refusal to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4); (b) Imposition of a civil penalty, in accordance with ORS 634.900; (c) Any other enforcement action authorized under ORS 634. Statutory/Other Authority: ORS 634.322(6) & 634.026(1e) Statutes/Other Implemented: ORS 634 History: DOA 26-2003, f. & cert. ef. 7-15-03 DOA 14-2003(Temp), f. & cert. ef. 3-28-03 thru 9-24-03
603-057-0384 Persistent, Bioaccumulative, and Toxic (PBT) Polutants (1) The following pesticide active ingredients, previously canceled by the United States Environmental Protection Agency, have been designated as “high priority” persistant, bioaccumulative and toxic pollutants (PBTs) by the Oregon Department of Environmental Quality: (a) Aldrin; (b) Chlordane; (c) Dichlorodiphenyl trichloroethane (DDT), DDD, DDE; (d) Dieldrin; (e) Hexachlorobenzene; (f) Mercury based pesticides including, but not limited to, mercurous; chloride and mercuric chloride; (g) Mirex; (h) Toxaphene. (2) In addition to the “high priority” active ingredients listed in (1), the following pesticide active ingredients, having been previously canceled by the United States Environmental Protection Agency have been identified as persistant, bioaccumulative and toxic pollutants (PBTs). (a) Heptachlor; (b) 2,4,5-Trichlorophenol. (3) Any application or use of a pesticide product known to contain one or more of the active ingredients identified in (1) or (2) above is herewith prohibited. (4) Failure to comply with the prohibition specified in (3) above, as determined by the Oregon Department of Agriculture, may be used as a basis for one or more of the following actions: (a) To revoke, suspend or refuse to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4); (b) To impose a civil penalty, in accordance with ORS 634.900; (c) To initiate and pursue any other action of an enforcement nature available through ORS 634. Statutory/Other Authority: ORS 634 Statutes/Other Implemented: ORS 634 History: DOA 31-2000, f. & cert. ef. 11-7-00 DOA 23-2000(Temp), f. & cert. ef. 8-28-00 thru 2-10-01
603-057-0388 Prohibits the Application of Four Neonicotinoid Insecticides (1) It is prohibited to apply any product containing dinotefuran, imidacloprid, thiamethoxam, or clothianidin, regardless of application method, to linden trees, basswood trees or other Tilia species. (2) Failure to comply with section (1) above may result in one or more of the following actions: (a) Revocation, suspension or refusal to issue or renew the license or certification of an applicant, licensee or certificate holder; (b) Imposition of a civil penalty; (c) Any other enforcement action authorized under any law. Statutory/Other Authority: ORS 561.020, 634.322(6) & 634.900 Statutes/Other Implemented: ORS 634 History: DOA 6-2015, f. & cert. ef. 2-27-15