justicedao/ipfs_state_laws huggingface dataset:
603-057-0392 Limitations on Pesticide Products Containing Aminocyclopyrachlor (1) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor on any of the following sites: (a) Rights of way; (b) Natural areas, such as wildlife management areas, wildlife openings and wildlife habitats; (c) Restoration areas, marshes, swamps, bogs and wetlands; or (d) Inner or outer banks of ditches or canals. (2) An exception to the prohibitions in subsections (1)(a) - (1)(c) of this rule is if all of the following conditions are met: (a) Applications are noncontiguous and, in the aggregate, do not exceed more than five percent of an acre; (b) Use is limited to one application per 365 days per treated area; and (c) Use is to control state - or county-listed noxious weeds. (3) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor in any area where the roots of nontarget trees or shrubs may extend. (4) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor by any type of aerial application method. (5)(a) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor in any of the following areas unless the application meets all of the conditions of section (2) of this rule: (A) Sage-grouse core areas; (B) Sage-grouse low density areas; or (C) Sage-grouse general habitat within 3.1 miles of a lek. (b) For purposes of this section, “core areas,” “low density” areas, and “general habitat” are defined in OAR 635-140-0002 and designated in maps maintained by the Oregon Department of Fish and Wildlife. (6) In addition to the other prohibitions stated in this rule, it is prohibited to allow or provide plant materials, including sawdust, bark or other byproducts from trees, that have been treated with or otherwise exposed to aminocyclopyrachlor for use in compost, mulch or animal bedding that is subsequently used for compost or mulch. (7) For purposes of this rule, “rights of way” means the following areas involved in common transport: (a) City, county, state and federal roads and highways; (b) Railroads and airports; (c) Electric utilities (transformer stations and substations, switching stations, transmission lines and distribution lines), excluding wind farms; (d) Pipelines; (e) Banks of public bargeways and areas around locks and dams; and (f) Bicycle, bridle, snowmobile and other public recreational paths. (8) Failure to comply with this rule 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; or (c) Any other enforcement action authorized under any law. Statutory/Other Authority: ORS 561.020, 634.016, 634.306, 634.322, 634.372 & 634.900 Statutes/Other Implemented: ORS 634 History: DOA 10-2019, adopt filed 05/09/2019, effective 05/09/2019
603-057-0405 General Requirements As specified by Oregon Laws 1999, Chapter 1059, Sections 2 to 11, 15, 20, 21 and 22, each pesticide user must report to the Oregon Department of Agriculture the use of any pesticide product, as defined by ORS 634.006(8) except antimicrobial pesticide products. (1) "Pesticide user" means any person who uses or applies a pesticide in the course of business or any other for-profit enterprise, or for a governmental entity, or in a location that is intended for public use or access (Chapter 1059, Oregon Laws 1999, Section 2). (2) The Oregon Department of Agriculture shall determine which pesticide products are antimicrobial, according to the Federal Insecticide, Fungicide and Rodenticide Act, 7 U. S. C. 136(1) (P.L. 92-516, as amended). Antimicrobial products are substances or mixtures of substances used to destroy or suppress the growth of harmful microorganisms, whether bacteria, viruses, or fungi, on inanimate objects and surfaces. Types of antimicrobial pesticides include disinfectants and sanitizers. These products are exempt from reporting. (3) Pesticide use reporting shall be subject to the conditions set forth in OAR 603-057-0410. Failure to comply with these conditions may be used as a basis for one or more of the following actions: (a) Revoke, suspend, or refuse to renew the license or certificate of an applicant, licensee or certificate holder in accordance with ORS 634.322(4); (b) Initiate and pursue any other action of an enforcement nature available through ORS 634. (4) "Accredited University" as used in Oregon Laws 1999, Chapter 1059 and these rules means a privately or publicly operated institution of higher education accredited by a nationally recognized accrediting agency or association as determined by the U.S. Commissioner of Education. (5) "Accepted Research Institute" means an institution of higher learning and applied science accepted by the Department. (6) "Principal Investigator" means a person who leads the activities of a particular research project. In a university setting, this person is a member of the university faculty, and holds, at a minimum, the title or rank of assistant professor or equivalent. (7) “Ready to Use” pesticide product means a pesticide product used directly from its original container, consistent with labeling, and without dilution or mixing prior to application. (8) "Researcher" has the same meaning as "Principal Investigator". In a university setting, researcher refers to faculty scientists concentrating on certain areas of applied science or basic research. (9) “Urban area” means a site that is ‘urban, general indoor” as specified in OAR 603-057-0413(7), or a site that is “urban, general outdoor’ as specified in OAR 603-057-0413(8). Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0410 Pesticide Users Required to Report (1) All pesticide products used by each pesticide user shall be reported at least once yearly to the Department. All pesticide use in a given calendar year shall be reported no later than January 31 of the following calendar year. A pesticide user may report the use of pesticide products on a more frequent basis if so selected by the pesticide user. Each report will include the required pesticide use information for the preceding specified period, or since the most recent filing of a pesticide use report, whichever time period is shorter. (2) No action specified in OAR 603-057-0405(3) shall be taken for failure to report pesticide use for calendar year 2002, 2003, 2004, 2005, or 2006, or for any calendar year in which the Department does not provide a fully effective means for pesticide users to report pesticide use. Any pesticide use information obtained from pesticide users by the Department, by any means, for calendar year 2002, 2003, 2004, 2005 or 2006 will not be maintained by the Department and will not be made available to any person. (3) Commercial pesticide operators are required to file the pesticide use report when a commercial pesticide operator uses a pesticide product in the course of business. (4) All agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, schools and utilities are required to file the pesticide use report when a pesticide product is used by their employees. (5) Employers are required to file the pesticide use report when an employee uses a pesticide product as an employee in the scope of his or her employment. (6) All other pesticide users, other than as described in subsection (3), (4) or (5) of this section, using a pesticide product, are required to file the pesticide use report. (7) Reports of pesticide use shall be made to the Department using forms or methods specified by the Department. (8) A pesticide user may authorize another person, or persons, to serve as his/her agent(s) or proxy(ies) in filing pesticide use information with the Department. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 37-2003, f. & cert. ef. 10-15-03 DOA 16-2003(Temp), f. & cert. ef. 4-22-03 thru 10-18-03 DOA 23-2002(Temp), f. 12-2-02, cert. ef. 12-4-02 thru 6-1-03 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0411 Pesticide User Information (1) Before filing pesticides use reports with the Department, each pesticide user shall register with the Department. The Department will record the pesticide user identification information identified below in a database separate from the database used to record reported pesticides use information. The Department will assign to each registered pesticide user a unique identification number. The pesticide user shall use the assigned identification number when filing pesticides use reports with the department. (2) The following information regarding identification of a pesticide user shall be provided to the Department for the purpose of registering each pesticide user and assigning a unique identification number to each pesticide user. (a) Identification of the pesticide user required to file the report, which shall be either: (A) The name of the pesticide user; or (B) The name of the agency, instrumentality, subdivision, county, city, town, municipal corporation, district, governmental body, school or utility; or (C) The name of the employer; or (D) The name of the person using the pesticide. (b) The mailing address of the pesticide user named, including street or postal address, city, state and five-digit ZIP code. (c) The telephone number of the pesticide user named. (d) The facsimile (fax) number of the pesticide user named, if available. (e) The electronic mail (e-mail) address of the pesticide user named, if available. (f) The name of the responsible person filing the report for the pesticide user named, if different from the pesticide user named. (g) The telephone number of the responsible person filing the report for the pesticide user named, if different from the telephone number already provided. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0412 Pesticide Product Identification; Date of Use; Amount Each report of pesticide use shall include the following information regarding the identification and amount of pesticide product used: (1) The name of the specific pesticide product used. (2) The United States Environmental Protection Agency (EPA) registration number of the specific pesticide product used, or, if the product does not have an EPA registration number, the identification number assigned to the product by the Department. (3) The date the pesticide product was used. If the product was used at a single site or type of site having the same five digit zip code or third-level hydrologic unit location on multiple days in a calendar month, only the date for the last day of the use is to be reported. (4) The amount of the undiluted pesticide product used, including the appropriate units of measure. (5) If the product is a "Ready to Use" product then the date of use is the day when the product container is emptied or disposed, and the amount used is the total amount stated on the label. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0413 Description of the Type of Site Where the Pesticide Was Used Each report of pesticide use shall include a general description of the type of site where the pesticide was used. Site descriptions must be chosen from the list of options developed by the Department. Site descriptions, at a minimum, will identify the major site at which the pesticide was applied. Major categories shall include, but not be limited to, the following: (1) Agriculture. This shall include the use of pesticides in the production of agricultural crops and livestock (including Christmas tree plantations and commercial nurseries), or on agricultural commodities before movement into channels of commerce, or on agricultural lands, grasslands, or non-crop agricultural lands (2) Aquatic. This shall include the use of pesticides in treating standing or running water. Examples of sites include irrigation ditch, lake, or river. (3) Forestry. This shall include the use of pesticides in the production of forest crops, or on forestry lands (not including Christmas tree plantations or commercial nurseries). (4) Public health and regulatory pest control. This shall include the use of pesticides for the control of any pest that may be deleterious to the public health, including mosquito and other vector and regulatory pest control. (5) Right-of-Way. This shall include the use of pesticides in right-of-way areas. Examples of sites include irrigation ditch banks, railroads, road shoulders, or utility lines. (6) Research. This shall include the use of one or more specific pesticides with the intent of gathering data needed to satisfy registration requirements of the United States Environmental Protection Agency. If the research is not conducted by a government agency, the pesticide use shall be under the authority of an "experimental use permit" issued by the United States Environmental Protection Agency or issued by the Department. (7) Urban, general indoor sites. This shall include the use of pesticides inside dwellings, non-agricultural buildings, establishments, institutions, schools and commercial transportation vehicles. This shall also include the use of pesticides on commodities, including agricultural commodities stored indoors that have entered into channels of commerce, including commercial warehouses and commercial grain elevators. (8) Urban, general outdoor sites. This shall include the use of pesticides outside dwellings, non-agricultural buildings, establishments, institutions, or schools for ornamental and turf pest control, including parks, rest areas, and golf courses. This shall also include the use of pesticides on commodities, including agricultural commodities stored outdoors that have entered into channels of commerce. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0414 Description of the Purpose of Pesticide Use Each report of pesticide use shall include a general description of the purpose for the pesticide use. The purpose for the use must be chosen from the list of options developed by the Department. The purpose description, at a minimum, will identify the most applicable major category description for the pesticide use. Major categories include, but are not limited to, the following: (1) Weed control; (2) Insect control; (3) Disease control; (4) Rodent control; (5) Big game repellant; (6) Predator control; (7) Plant growth regulation; (8) Marine-fouling organism control; (9) Wood preservation; (10) Bird control; (11) Desiccation and defoliation; (12) Fish control; (13) Research; and (14) Slug Control. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0415 Location of Pesticide Use; Aggregation of Information Each report of pesticide use shall include the following information regarding the location of a pesticide use made by the pesticide user: (1) For uses made to a site in an urban area as defined in OAR 603-057-0405(9), the location shall be reported by identifying the five-digit zip code for the site. (2) For uses made to any site not in an urban area as defined in OAR 603-057-0405(9), the location shall be reported by identifying the third-level hydrologic unit for the site. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0416 Reports of Pesticide Use for Research If the description of pesticide use is "Research" as specified in OAR 603-057-0413(6), then each report of pesticide use shall include the following information: (1) Identification of the pesticide user filing the report, including the information required in OAR 603-057-0411. (2) The name of the specific pesticide product used. (3) The United States Environmental Protection Agency (EPA) registration number of the specific pesticide product used, or, if the product does not have an EPA registration number, the identification number assigned to the product by the Department or the identification number of the product recognized by the Department. (4) The identification of the purpose of the pesticide use shall be reported as research. (5) The description of the site at which the pesticide product was used shall be reported as research. (6) The location at which the pesticide product was used shall be reported by identifying the third-level hydrologic unit for the site. (7) The date the pesticide product was used shall be reported as the last day of the calendar month of the use. (8) The amount of the undiluted pesticide product used in the calendar month, including the appropriate units of measure. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0417 Access to Reported Information (1) Some information reported to the Department by pesticide users is prohibited from release to the public according to Oregon Laws 1999, Chapter 1059. Information that would reveal the identity of the owner or lessee or the specific location of property where a person has applied a pesticide is prohibited from public release. (2) Pesticide use information reported under Oregon Laws 1999, Chapter 1059 may be released to certain persons, provided those persons maintain the confidentiality of any information that is required to be treated as confidential. Persons who may receive this information are limited to the following; (a) Staff of the Department or other federal or state agency which require the information as part of an investigation conducted under provision of law; or (b) A federal, state or local agency; or (c) A health or environmental researcher, acting in an official capacity from an accredited university or accepted research institute. (3) A federal, state or local agency must agree to maintain the confidentiality of the information identified in subsection (1) of this section, unless the public interest, by clear and convincing evidence, requires disclosure in the particular instance. (4) Any person that releases, or causes to be released, to the public information made confidential by Oregon Laws 1999, Chapter 1059 may be subject to civil penalty as described in OAR 603-057-0420. The agency, university, or research institute employing or retaining such person or for which such person is acting in an official capacity, may also be subject to civil penalty as described in 603-057-0420. (5) In addition, if a person causes information identified as confidential to be released or who fails to preserve the confidentiality shall be denied all future access to confidential data collected under 603-057-0410 through 603-057-0416. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0418 Requests for Pesticide Use Information (1) An agency seeking confidential information shall make a formal written request to the Department that shall: (a) Identify the requesting agency. (b) Identify the Principal Investigator for the agency. (c) Describe the information sought. (d) Explain the reason for requesting the information, including the use that will be made of the requested information. (e) Include a completed and signed confidentiality agreement prepared by the Department. (f) Identify each person having access to the information, and the position of each person within the agency. (g) Identify the person responsible for maintaining the security of the information. (h) Explain the procedures by which the requesting agency will assure the confidentiality of the information. (2) A health or environmental researcher acting in an official capacity from an accredited university seeking confidential information shall make a formal written request to the Department that shall: (a) Describe the information sought. (b) Describe the research being conducted, including identity of the Principal Investigator, purpose of the research and the use that will be made of the requested information. (c) Include a copy of the university’s formal review and signed acceptance of the research project. (d) Include a completed and signed confidentiality agreement prepared by the Department. (e) Identify each person having access to the information, and the position of each person within the university. (f) Describe the procedures by which the requesting researcher and university will assure the confidentiality of the information. (3) A health or environmental researcher acting in an official capacity from an accepted research institute seeking access to confidential information shall make a formal written request to the Department which shall be equivalent in content to (2) above. (4) The Department will consider each request for pesticide use information, as described in (1), (2) and (3) above, as follows: (a) The Department will respond to the request within 30 days of receipt of the request. (b) The Department, in its discretion, may request more detailed explanations in the request for information before considering it. (c) If the request is approved, the requested information may be released to the requestor. The Department will release only the information that is directly pertinent to the research project or agency need. Information will be released in a manner that achieves the highest level of confidentiality but still provides pertinent data. (d) If the request is denied, the requester will be informed of the basis for denial. (5) Any breach of the confidentiality agreement as determined by the Department, may result in a civil penalty as set forth in 603-057-0420. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 27-2001, f. & cert. ef. 12-4-01