justicedao/ipfs_state_laws huggingface dataset:
603-056-0415 Conditions of Packaging The following conditions are considered as a minimum for packaging seed in hermetically sealed containers: (1) A container shall not allow water vapor penetration through any wall, including the wall seals, greater than 0.05 gram of water per 24 hours per 100 square inches of surface at 100°F with a relative humidity on one side of 90 percent and on the other of zero percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as: gm. H20/24 hr./100 sq.in./100°F/90%RH V. 0% RH (2) The percentage of moisture, on a wet weight basis, of agricultural or vegetable seeds subject to the provisions of this rule shall not exceed the following: Maximum Percent Seed Moisture: (a) Gramineae Family: (A) Sweet corn — 8.0; (B) Kentucky bluegrass — 8.0; (C) Red Fescue — 8.0; (D) Perennial ryegrass — 8.0. (b) Liliaceae Family: Onion, leek, chive, welsh onion — 6.5; (c) Chenopodiaceae Family: (A) Beet, chard — 7.5; (B) Spinach — 8.0. (d) Cruciferae Family: Cabbage, broccoli, cauliflower, collards, Chinese cabbage, kale, turnip, rutabaga, kohlrabi, Brussels sprouts, mustard, radish — 5.0; (e) Leguminosae Family: (A) Snap bean, lima bean, pea — 7.0; (B) Crimson clover — 8.0. (f) Umbelliferae Family: (A) Carrot, celery, celeriac — 7.0; (B) Parsnip — 6.0; (C) Parsley — 6.5. (g) Solanaceae Family: (A) Tomato — 5.5; (B) Pepper — 4.5; (C) Eggplant — 6.0. (h) Cucurbitaceae Family: (A) Cucumber, muskmelon, squash, pumpkin — 6.0; (B) Watermelon — 6.5. (i) Compositae Family: Lettuce — 5.5; (j) All other agricultural or vegetable seed not listed above — 8.0; (k) Turf or Pasture Seed Mixtures — 8.0. (3) A tolerance of one (1.0) percent moisture is applicable to the maximum percentage of moisture listed in section (2) of this rule and the percentage of moisture found by an official test. The percentage of moisture shall be determined by the air oven method. Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 8-1983, f. & ef. 7-19-83 AD 865(1-68), f. 1-22-68, ef. 2-1-68
603-056-0431 Chemically Treated Seed (1) As used in this rule: (a) “Treated seed” means agricultural seed, including grain intended for planting purposes, and vegetable seed, which have been injected, coated, sprayed or otherwise intentionally exposed to a pesticide as defined in ORS 634.006(8); (b) “Common name of the pesticide” means the name or abbreviation of a name of the substance as it appears on the pesticide label. (2) In addition to the labeling requirements of ORS 633.520, 633.531 and 633.541, each container of treated seed shall: (a) Be labeled in compliance with any direction for labeling treated seed as indicated on the label of the seed treatment pesticide; (b) Be clearly labeled that the seed has been treated, e.g., “treated seed — (common name of the pesticide),” “this seed treated with (common name of the pesticide)”; “(common name of the pesticide) treated,” or “treated with (common name of the pesticide) — do not use for feed.” If there is no common name of the pesticide the generally known chemical name, or abbreviation of the name, shall be used. The term “mercurial,” “mercury,” “mercury compound,” or “mercurial seed treatment” may be used as the common name of the seed treatment pesticide containing mercury or a form of mercury. (3) In addition to the labeling requirements of section (2) of this rule, if the seed treatment pesticide is one determined to be harmful to humans or other vertebrate animals, then the containers of the treated seed shall: (a) Be labeled with a sign of a skull and crossbones, and the word “Poison” printed in red on a white background or the reverse thereof; (b) Be labeled with a warning or caution statement identifying the particular hazards involved in handling the treated seed (e.g., skin contact, inhalation, swallowing), and a statement of any known characteristics of poison from the pesticide along with the identity of an antidote and method of administering it, which label shall substantially conform to the same information on the label of the seed treatment pesticide. (4) Only those pesticides registered for seed treatment purposes by the U.S. Environmental Protection Agency or by the Department may be used for seed treatment. Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 8-1983, f. & ef. 7-19-83
603-056-0500 Purpose, Scope and Effective Date (1) Any person who violates any provision the Oregon Seed Law or the terms or conditions of any final order issued by the department under the Oregon Seed Law shall be subject to any penalty or enforcement action allowable under the Oregon Seed Law, including, but not necessarily limited to, a Notice of Violation, a Notice of Civil Penalty with a civil penalty not to exceed $10,000 per violation, probation, and suspension or revocation of their seed dealer’s license. The department shall provide notice and the right to contested case hearing in accordance with ORS 183.310 to ORS 183.550 for all final orders issued under the Oregon Seed Law. (2) The rules contained in chapter 603, division 56 shall apply to all department action that is commenced after the effective date of the rules. If the Department has commenced an action prior to the effective date of these rules, but a final order has not yet been issued, the rules in effect at the time of the commencement of the action will apply. An action is commenced when the Department serves a Notice of Violation or Notice of Civil Penalty or other order on a person. Statutory/Other Authority: ORS 633.996 Statutes/Other Implemented: ORS 561.305 & Ors 633.996 History: DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020
603-056-0510 Enforcement Procedures (1) For a violation classified as Category I under OAR 603-056-0530, the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Violation or Notice of Civil Penalty. (2) For a violation classified as Category II under OAR 603-056-0530 , the Department may, but is not required to, issue a Letter of Advisement . Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Imposition of Civil Penalty. For repeat violations or violations committed willfully, intentionally, or knowingly or for flagrant violations, the Department may issue a Notice of Violation or Notice of Imposition of Civil Penalty without first issuing a Letter of Advisement. (3) For a violation classified as Category III under OAR 603-056-0530 , the Department may issue a Notice of Violation or a Notice of Imposition of Civil Penalty. (4) Notices of Violation and Notices of Imposition of Civil Penalty shall be imposed as provided in ORS 183.745 and OAR 137-003-0501 through OAR 137-003-0700. (5) Notices of Violation and Notices of Imposition of Civil Penalties may also include additional information deemed appropriate by the department, including but not limited to the following: (a) A statement that the record of the proceeding to date, including information in the Department’s file or files on the subject of the contested case and all materials submitted by a person, automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and (b) A statement that a collaborative dispute resolution process is available if the person requests a hearing as stated in the notice. (8) The department may consolidate separate and distinct violations against a person for the assessment of multiple civil penalties for multiple violations. Prior to the referral of a case to the Office of Administrative Hearings, the department may consolidate actions by issuing a single Notice of Violation or Notice of Civil Penalty (or any amendment thereto) that details multiple violations. After referring the case to the Office of Administrative hearings, the department may request that an Administrative Law Judge consolidate actions by filing or a making motion. Statutory/Other Authority: ORS 561, 633 & 183.335 (5) Statutes/Other Implemented: ORA 183.745 & 633.680 History: DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020
603-056-0520 Entry of Order and Appeal Rights (1) If a person, having been served a Notice of Violation or a Notice of Imposition of Civil Penalty, fails to request a hearing as specified in OAR 603-056-0510(5)(f), or if a hearing is not held for any reason, or after the hearing, a final order may be issued by the Director. (2) The final order shall be signed by the Director. (3) A final order becomes final by operation of law or on appeal. A civil penalty assessed must be paid within 10 days after the order becomes final. The order may be recorded with the county clerk in any county of this state. Statutory/Other Authority: ORS 561, 633 & 183.335 (5) Statutes/Other Implemented: ORS 183.745 & 633.680 History: DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020
603-057-0006 Pesticide Registration Fees (1) The annual registration fee for each pesticide product for calendar year 2025 shall be $360. (2) Beginning for calendar year 2026 pesticide product registration, the annual nonrefundable registration fee for each pesticide product shall be $400. Statutory/Other Authority: ORS 634 & ORS 634.016 Statutes/Other Implemented: ORS 634 & ORS 634.016 History: DOA 25-2025, amend filed 11/03/2025, effective 11/04/2025 DOA 24-2022, amend filed 09/20/2022, effective 09/21/2022 DOA 10-2015, f. & cert. ef. 10-7-15 DOA 21-2012, f. & cert. ef. 7-10-12 DOA 3-2006, f. & cert. ef. 3-8-06 DOA 17-2005(Temp), f. 10-14-05, cert. ef. 1-1-06 thru 6-29-06 DOA 42-2003, f. & cert. ef. 12-23-04 Reverted to DOA 40-2003, f. & cert. ef. 10-17-03 DOA 41-2003(Temp), f. 11-14-03, cert. ef. 11-23-03 thru 5-20-04 DOA 38-2003(Temp), f. 10-15-03 cert. ef. 11-23-03 thru 5-19-04 DOA 40-2003, f. & cert. ef. 10-17-03 DOA 26-2001, f. & cert. ef. 11-6-01 DOA 21-1999, f. 9-30-99, cert. ef. 11-1-99 AD 17, f. & cert. ef. 11-15-89 AD 24-1981, f. & ef. 12-1-81 AD 7-1977, f. & ef. 4-5-77 AD 1014(4-74), f. 1-18-74, ef. 2-11-74 AD 1008(22-73)(Temp), f. & ef. 12-5-73 AD 855(27-67), f. 10-9-67, ef. 1-1-68
603-057-0100 License Fees The following designated annual fees shall be applicable to each described license: (1) Pesticide Operator: $90 including one category; $15 for each additional category; and $20 for each additional category after license issued. (2) Commercial Applicator: $50 including one category; $7.50 for each additional category; and $12.50 for each additional category after license issued. (3) Immediately Supervised Trainee or Pesticide Apprentice: Same as commercial, noncommercial, or public applicators. (4) Public Applicator: Same as commercial applicators. (5) Pesticide Dealer: $75, with a separate license required for each sales outlet or location. (6) Pesticide Consultant: $40. (7) Noncommercial Applicator: Same as commercial applicators. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.116, 634.122, 634.126, 634.132, 634.136 & HB 4062 (2022) History: DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023 DOA 16-2012, f. & cert. ef. 6-1-12 DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13 DOA 39-2003, f. 10-17-03, cert.ef. 11-15-03 AD 24-1981, f. & ef. 12-1-81 AD 7-1977, f. & ef. 4-5-77 AD 1001(15-73), f. 11-20-73, ef. 12-11-73
603-057-0102 Pesticide Operator Financial Responsibility As provided in subsections (5) and (6) of ORS 634.116, the following shall apply: (1) Evidence of the issuance of a public liability policy of insurance may be documented to the Department by a pesticide operator either by furnishing a copy of said policy or furnishing a certificate of insurance issued by the insurer. Should said policy be subsequently endorsed or in any manner modified as to the protection offered thereby, the Department shall be furnished a copy of the policy endorsement or be furnished an additional certificate of insurance evidencing the modifications. (2) The public liability policy of insurance may be limited to only injuries or damages caused by the specific activities for which the pesticide operator is licensed. Should the pesticide operator subsequently become licensed in additional categories of activities, the pesticide operator shall furnish the Department the documentation described in section (1) of this rule evidencing additional protection for such additional categories. (3) As provided in subsection (10) of ORS 634.116, a pesticide operator engaged in the business of applying pesticides by aircraft may have his public liability policy of insurance limited to the time period within which such pesticide operator is actually engaged in the application of pesticides by aircraft, subject to the following: (a) The Department is furnished the documentation required by section (1) of this rule; and (b) The public liability policy of insurance identifies the specific aircraft to which it applies. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.116 History: AD 7-1977, f. & ef. 4-5-77
603-057-0104 Limitations on Pesticide Licensing Exemptions The licensing exemptions in ORS 634.106(2) and 634.106(5)-(7) do not apply to persons using pesticides classified as restricted use or highly toxic, as those terms are defined in ORS 634.006. Statutory/Other Authority: ORS 634.306(13) Statutes/Other Implemented: ORS 634.106 History: DOA 38-2023, adopt filed 10/30/2023, effective 11/17/2023
603-057-0106 Immediately Supervised Pesticide Trainee (1) There is herewith established a type of trainee license as defined in ORS 634.006(26) which shall bear the designation "Immediately Supervised Trainee." (2) An immediately supervised trainee license may only be issued upon receipt by the department of: (a) An appropriately completed license application form; and (b) Payment of the appropriate fee. (3) The fee for an immediately supervised trainee license shall be the same as the fee for a pesticide trainee license. (4) An immediately supervised trainee license shall expire on December 31 of the year of issuance, or of the following year if issued a license for two consecutive years. (5) An immediately supervised trainee license authorizes the holder to conduct pesticide application activities under the immediate supervision of an appropriately licensed supervisor as detailed in OAR 603-057-0001. The immediately supervised trainee may apply pesticides only in the categories listed under the supervisor’s license. If the supervisor is a licensed public applicator, the immediately supervised trainee may only apply pesticides as described in ORS 634.116(12). (6) An immediately supervised trainee license may be renewed. (7) For each pesticide application made by an immediately supervised trainee, a pesticide application record, as required by ORS 634.146 and OAR 603-057-0130, must be made that also contains the names and pesticide license numbers of the immediately supervised trainee(s) and their supervisor(s). The employer of the immediately supervised trainee shall retain the record for a period of three years and release them to the department for inspection as required or authorized by ORS chapters 561 or 634 or rules adopted thereunder. (8) An immediately supervised trainee license does not authorize the holder to conduct pesticide applications by helicopter or fixed wing aircraft. (9) For purposes of this rule, “an appropriately licensed supervisor” is: (a) A licensed commercial, noncommercial, or public applicator; (b) Licensed in the category, or categories, in which the immediately supervised trainee is currently engaged. (10) Any immediately supervised trainee conducting pesticide application activities without an appropriately licensed supervisor, without an appropriately licensed supervisor on the site where the application is being made, or who is unable to identify their supervisor, will be considered unlicensed and subject to enforcement actions in accordance with ORS 634.900. Statutory/Other Authority: ORS 561.190 & 634 Statutes/Other Implemented: ORS 634.306 & HB 4062 (2022) History: DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023 DOA 11-2012, f. 5-15-12, cert. ef. 1-1-13 AD 12-1992, f. 10-13-92, cert. ef. 1-1-93
603-057-0130 Applicator’s Records and Reports (1) Pursuant to subsection (13) of ORS 634.116, a public applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by 634.146. (2) A noncommercial pesticide applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by ORS 634.146. (3) A commercial applicator and public applicator shall include their full name and pesticide applicator license number legibly on the records required by ORS 634.116 and 634.146. (4) If a pesticide application is conducted by a pesticide apprentice or an immediately supervised trainee, then the names and pesticide license numbers of both the pesticide apprentice or immediately supervised trainee and their supervising applicator must be included legibly on the record. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.146 & HB 4062 (2022) Section 2 (7) History: DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023 DOA 26-2012, f. & cert. ef. 10-30-12 AD 7-1977, f. & ef. 4-5-77
603-057-0140 Pesticide Dealer Records (1) As provided in subsections (6) and (7) of ORS 634.322, a pesticide dealer shall prepare and maintain records of his sales of restricted-use and highly toxic pesticides for a period of three years. Such records shall include: (a) The names and addresses of the purchasers of such pesticides, and the license or certificate numbers of the purchasers; (b) The date of sale; (c) The trade name (and the formulation if applicable) of such pesticides; (d) The quantity of each sale of such pesticides. (2) In addition to the requirements of a pesticide dealer otherwise specified in (1) of this section, a pesticide dealer shall prepare and maintain records of sales of products containing the active ingredient carbofuran as follows: (a) The name and address of the person who received the product when the product was not delivered directly to the purchaser; (b) The crop(s) to which the product will be applied; (c) The acreage of each crop to which the product will be applied; (d) The amount of product that will be applied to each acre of each crop; (e) The intended date of application to each crop. (3) The information required by (2) above shall be obtained by the pesticide dealer from the person receiving the product at the time of distribution or sale. (4) All information prepared for every distribution or sale of a pesticide product containing the active ingredient carbofuran shall be submitted by the pesticide dealer to the Oregon Department of Agriculture within five business days of the distribution or sale. (5) Failure to comply with the conditions set forth in OAR 603-057-0140 may be considered as violations of ORS 634.372, and may be subject to any enforcement action available to the department under ORS 634. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.322 History: DOA 8-2007,f. & cert. ef. 5-9-07 DOA 4-2007(Temp), f. 2-26-07, cert. ef. 3-1-07 thru 8-27-07 AD 7-1977, f. & ef. 4-5-77
603-057-0150 Alternative Requirements for Competence of Commercial, Public, or Noncommercial Applicator or Consultant License Renewal In lieu of the written re-examination requirements of OAR 603-057-0120(3) or of 603-057-0145(4), an applicant for renewal of a commercial applicator license, a public applicator license, a noncommercial applicator license or a pesticide consultant license may accumulate at least 40 credits by attending pesticide-instructional sessions, accredited by the Department, during the five-year period preceding the year in which the written re-examination would be required, in accordance with the following: (1) Not more than 15 credits may be accumulated for recertification purposes by an applicant during any one calendar year. (2) In the event a pesticide instructional session is desired to be considered for accreditation by an applicant, such applicant shall submit to the Department, or person authorized by the Department, a written request for accreditation not less than 30 days prior to the scheduled session, which written request shall include the agenda and summary of each topic/presentation of the session, the session sponsor, the name and address of the session sponsor, and the time and place of such session. Upon receipt of such written request, the Department, in consultation with Oregon State University, shall evaluate the instructional value of the session and either deny accreditation or assign credits to the entire session or any portion thereof in a range from 1 to 15, assigning no more than one credit for each 50 minute period of instruction. No such instructional sessions shall be considered for accreditation that is less than two credit hours in length except for computer based trainings as approved by the Department. In the event an instructional session is accredited, the Department shall provide the session instructor or sponsor with attendance certificates to be completed by such instructor or sponsor and returned by the applicants to the Department within 15 days after the session is completed. Under exceptional circumstances, as described in writing by an applicant, a written request for accreditation submitted later than 30 days prior to the scheduled session may be assigned credits in accordance with the provisions of this rule. Falsification of any part of such attendance certificate shall be considered grounds for license revocation proceedings by the Department. (3) This section shall not apply to persons licensed to use the livestock protection collar in Oregon, in accordance with OAR-603-057-0120(3). Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306(5) & HB 4062 (2022) History: DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023 DOA 21-2012, f. & cert. ef. 7-10-12 AD 6-1997, f. & cert. ef. 6-11-97 AD 8-1996, f. 7-12-96, cert. ef. 8-9-96 AD 10-1987, f. & ef. 7-1-87 AD 15-1978, f. & ef. 9-15-78
603-057-0180 Pesticide License Equivalency Provision A commercial applicator, noncommercial applicator as described in ORS 634.006(8), or public applicator licensed pursuant to ORS 634.122 in the subcategory Agriculture-Herbicide, or in the subcategory Agriculture-Insecticide/Fungicide, or in the category Forest Pest Control, shall be eligible to be licensed as a Private applicator to purchase, use, and/or supervise the use of any pesticide, classified by the department as a restricted-use or highly toxic pesticide, for the purpose of producing agricultural commodities or forest crops on land owned or leased by the licensee or licensee’s immediate employer. An application and fee payment for such private applicator license must be made separately from the application and fee payment for the commercial, noncommercial, or public pesticide applicator license. The certification date of the private applicator license will be consistent with that of the commercial, noncommercial, or public pesticide applicator license. Statutory/Other Authority: ORS 634 Statutes/Other Implemented: ORS 634 & HB 4062 (2022) History: DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023 DOA 19-2018, minor correction filed 05/23/2018, effective 05/23/2018 DOA 9-2009, f. & cert. ef. 7-15-09