603-057-0145 Pesticide Consultant Standards of Competence (1) As provided in ORS 634.132, competence of a pesticide consultant to advise or make recommendations concerning the use, handling, or selection of restricted-use pesticides shall be determined on the basis of a written examination. As a supplement to the subject matters set forth in section (2) of ORS 634.132, the examination shall also include the subject matters set forth in OAR 603-057-0120(1) relating to the General Standards of Commercial Applicator, Public Applicator and Noncommercial Applicator Competence. (2) A pesticide consultant licensed pursuant to this section may not advise or make recommendations in subcategories (a) or (b) of 603-057-0115(4), Regulatory Pest Control, regarding the use, handling, or selection of the M-44 Device containing sodium cyanide or the livestock protection collar containing sodium fluoroacetate (Compound 1080). (3) A pesticide consultant licensed pursuant to this section may add the category Demonstration and Research, as defined in OAR 603-057-0110 (3), to their license following successful completion of the written examination for the Demonstration and Research category. (4) A pesticide consultant licensed pursuant to this section in the category Demonstration and Research is eligible to be licensed as a commercial applicator, public applicator and noncommercial applicator in the category of Demonstration and Research without further examination. An application for such commercial, noncommercial, or public applicator's license, or for the addition of the category to an existing license, and the appropriate fee payment must be made separately from the application for, or the addition to, a pesticide consultant’s license. (5) If an applicant for a pesticide consultant's license has passed a current written examination accredited by another state with which the Department has a reciprocal agreement on certification or licensing, and submits evidence of the same to the department at the time of submitting his license application with applicable fee, the license examination may be waived. (6) An applicant for a pesticide consultant's license renewal shall be required to take and successfully complete a reexamination each fifth year after taking the original examination, and be subject to the provisions of this section in regard thereto. However, if the Department's records indicate the applicant for license renewal has complied with the provisions of OAR 603-057-0150, the written reexamination shall be waived. (7) In the event an applicant for a pesticide consultant's license fails the written examination or reexamination, the applicant shall be eligible to take the examination again upon submitting a new application for the same. (8) A pesticide consultant licensed pursuant to this section shall also be eligible to be licensed as a private applicator for the purpose of purchasing, using or supervising the use of any restricted use or highly toxic pesticides for the purpose of producing agricultural commodities or forest crops on land owned or leased by the person. An application and fee payment for a private applicator’s license must be made separately from the application and fee payment for the pesticide consultant license. The certification date of the private applicator license will be consistent with that of the consultant license. 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 8-2009, f. & cert. ef. 7-15-09 AD 6-1997, f. & cert. ef. 6-11-97 AD 15-1978, f. & ef. 9-15-78 AD 7-1977, f. & ef. 4-5-77