ORS Chapter 634 — Pesticide Control

ORS 634.372. Prohibited acts. 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 or use a worthless pesticide or any pesticide inconsistent with its labeling, or as a pesticide consultant or dealer, recommend or distribute such pesticides. (3) Operate a faulty or unsafe pesticide spray apparatus, aircraft or other application device or equipment. (4) Perform pesticide application activities in a faulty, careless or negligent manner. (5) Refuse or neglect to prepare and maintain records required to be kept by the provisions of this chapter. (6) Make false, misleading or fraudulent records, reports or application forms required by the provisions of this chapter. (7) Operate pesticide applicators apparatus, machinery or equipment without a licensed pesticide applicator, licensed noncommercial pesticide applicator or certified private applicator performing the actual application, or supervising such application if such is performed by a pesticide trainee. This prohibition does not apply to the operation of tractors, trucks or other vehicular equipment used only under the supervision of a certified private applicator. (8) As a pesticide applicator or noncommercial pesticide applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicator license or noncommercial applicator license, or apply pesticides that are not specifically authorized by such license. (9) As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying pesticides upon the land or property of another, without first obtaining and maintaining a pesticide operators license. The operator also may not engage in a class of pesticide application business that is not specifically authorized by license issued by the State Department of Agriculture. The operator also may not employ or use any person to apply or spray pesticides who is not a licensed pesticide applicator or pesticide trainee. (10) As a pesticide trainee, noncommercial pesticide trainee or public trainee, work or engage in the application of any class of pesticides without first obtaining and maintaining a pesticide trainees certificate and otherwise being in compliance with the provisions of this chapter. (11) Act as, or purport to be, a pesticide dealer or advertise as such without first obtaining and maintaining a pesticide dealers license. (12) Act as, or purport to be, a pesticide consultant without first obtaining and maintaining a pesticide consultants license. (13) Apply any pesticide classified as a restricted-use or highly toxic pesticide to agricultural, horticultural or forest crops on land owned or leased by the person without first obtaining and maintaining a private applicator certificate. (14) As a person described in ORS 634.106 (5), use power-driven pesticide application equipment or devices (use hand or backpack types only), or use or apply any pesticide other than those prescribed by the department. (15) Deliver, distribute, sell or offer for sale any pesticide that is misbranded. (16) Formulate, deliver, distribute, sell or offer for sale any pesticide that is adulterated. (17) Formulate, deliver, distribute, sell or offer for sale any pesticide that has not been registered as required by ORS 634.016. (18) Formulate, deliver, distribute, sell or offer for sale any powdered pesticide containing arsenic or any highly toxic fluoride that is not distinctly colored. (19) Distribute, sell or offer for sale any pesticide except in the manufacturers original unbroken package. (20) Make application of pesticides, by aircraft or otherwise, within a protected or restricted area without first obtaining a permit for such application from the committee of the protected or restricted area in which the application is to be made. The person also may not make such application contrary to the conditions or terms of the permit so issued. (21) Use isopropyl ester of 2,4-D, or any other ester of equal or higher volatility with regard to plant damage as determined by the department, without first obtaining a permit for such use as provided in ORS 634.322 (10). (22) Sell, use or remove any pesticide or device subjected to a stop sale, use or removal order until the pesticide or device has been released therefrom as provided in ORS 634.322 (3).