justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 634 — Pesticide Control

ORS 634.212. Formation of protected areas; petition; filing fee; guidelines for determinations by director. (1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within the territory proposed to be a protected area, the State Department of Agriculture may establish a protected area, in accordance with the provisions of ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines. (2) The petition, referred to in subsection (1) of this section, shall include the following: (a) The proposed name of the protected area. (b) The description, including proposed boundaries, of the territory proposed to be a protected area. (c) A concise statement of the need for the establishment of the protected area proposed. (d) A concise statement of the pesticides and the times, methods or rates of pesticide applications to be restricted or prohibited and the extent such are to be restricted or prohibited. (e) A request that a public hearing be held by the department. (f) The name of the person authorized to act as attorney in fact for the petitioners in all matters relating to the establishment of a proposed protected area. (g) A concise statement of any desired limitations of the powers and duties of the governing body of the proposed protected area. (3) If more than one petition, referred to in subsection (1) of this section, is received by the department describing parts of the same territory, the department may consolidate all or any of such petitions. (4) Each petition, described in subsection (1) of this section, shall be accompanied by a filing fee of $125. Upon receipt of such petition and payment of such fee, the department shall prepare and submit to the petitioners an estimated budget of the costs of establishing such proposed protected area, including cost of preparation of the estimated budget, of the hearing and of the preparation of required documents. Within 15 days of the receipt of the estimated budget, the petitioners shall remit to the department the difference between the filing fee and total estimated budget. If the petitioners fail to remit such difference, the department shall retain the filing fee and terminate the procedure for establishment of a proposed protected area. If, upon completion of the procedure for establishment of a proposed protected area, there remains an unexpended and unencumbered balance of funds received by the department under this section, such balance shall be refunded to the petitioners through their designated attorney in fact. (5) When determining whether to amend or revoke a rule or order declaring a protected area, the Director of Agriculture shall consider, among other factors, the following: (a) The agricultural and horticultural crops, wildlife or forest industries to be affected and their locations. (b) The topography and climate, including temperature, humidity and prevailing winds, of the territory in which the proposed protected area is situated. (c) The characteristics and properties of pesticides used or applied and proposed to be restricted or prohibited.
ORS Chapter 634 — Pesticide Control

ORS 634.222. Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence. In any suit, action or proceeding involving the validity or enforcement of any proceeding or action of a protected area, the protected area shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the filing of an order as required by ORS 634.216. A copy of such order, certified as filed by the Secretary of State, shall be admissible evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.
ORS Chapter 634 — Pesticide Control

ORS 634.226. Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority. (1) A protected area, established pursuant to the provisions of this chapter, shall be governed and administered by an area committee consisting of five members. The term of office of each member, except as provided in paragraphs (b) and (c) of this subsection, shall be three years. Such area committee shall be established in accordance with the following: (a) Within 30 days after the establishment of a protected area, as provided in ORS
ORS Chapter 634 — Pesticide Control

ORS 634.232. Restricted area formation; matters to be considered; additional area committee member. (1) At any time after the establishment of a protected area, the State Department of Agriculture at the request of the area committee of such protected area, may establish a restricted area in accordance with the provisions of ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines. (2) The request, referred to in subsection (1) of this section, shall include the following: (a) The description, including proposed boundaries, of the territory proposed to be a restricted area. (b) A concise statement of the need for the establishment of the restricted area proposed. (c) A concise statement of the pesticides and the times, methods or rates of pesticide application to be restricted. (3)(a) In considering the establishment of a restricted area wherein herbicides are to be restricted, the outer boundaries of such proposed restricted area shall not be in excess of 10 airline miles beyond the outer boundary of the protected area, and if a restricted area wherein all other pesticides are to be restricted shall not be in excess of one airline mile beyond the outer boundary of the protected area. (b) In considering the establishment of a restricted area, the factors set forth in ORS 634.212 (5) shall be considered. (c) ORS 634.216 shall apply to the establishment of a restricted area, except that such restricted area shall be governed and administered by the area committee of the protected area, which committee shall have the same powers and duties set forth in ORS 634.226 (2)(b), and except such restricted area shall not be deemed to be a governmental subdivision of this state as a public body corporate. (d) In the event that a restricted area is established pursuant to subsection (1) of this section, the area committee shall be expanded to include one additional member who resides in the restricted area, but outside of the protected area. The additional member shall be elected in accordance with ORS 634.226.
ORS Chapter 634 — Pesticide Control

ORS 634.236. Increasing or decreasing size of protected area; consolidation of areas. (1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within a protected area, the State Department of Agriculture may include additional adjacent territory in a protected area or withdraw territory from a protected area. The procedures to be followed by the department in considering such petition shall be those set forth in ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines. (2)(a) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within two or more adjacent protected areas, the department may consolidate such adjacent protected areas. The procedures shall be the same as described in subsection (1) of this section. (b) In the event of consolidation of protected areas, the corporate existence and terms of office of the area committee members of the preexisting protected areas shall terminate upon the filing of the order described in ORS 634.216. ORS 634.216 applies to the newly consolidated protected area, and all rights, powers, assets and duties of the several preexisting protected areas shall be vested in, and assumed by the newly consolidated protected area. (c) The establishment, organization, duties and authority of the area committee of the consolidated protected area shall be in accordance with ORS 634.226.
ORS Chapter 634 — Pesticide Control

ORS 634.242. Taxing power of area committee; limitation on amount of levy. (1) The area committee of a protected area may levy and cause to be collected an ad valorem tax for the purpose of paying the obligations of the protected area incurred in the administration of its responsibilities under this chapter. (2) The levy in any one year shall not exceed one-fortieth of one percent (0.00025) of the real market value of all taxable property within the protected area, computed in accordance with ORS 308.207. The taxes shall be levied and collected at the time and in the manner provided for the levy and collection of state and county taxes, and shall be paid by the county officers collecting the same to the treasurer of the protected area.
ORS Chapter 634 — Pesticide Control

ORS 634.260. [Repealed by 1973 c.341 37]
ORS Chapter 634 — Pesticide Control

ORS 634.270. [Repealed by 1973 c.341 37]
ORS Chapter 634 — Pesticide Control

ORS 634.300. [1969 c.268 8; repealed by 1973 c.341 37] ADMINISTRATION AND ENFORCEMENT
ORS Chapter 634 — Pesticide Control

ORS 634.306. General duties and powers of department; rules. In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may adopt rules to carry out the purposes and intent of this chapter, including but not limited to rules that: (1) Establish and maintain a program required for an individual to work or engage in the application or other use of pesticides as a pesticide trainee or noncommercial pesticide trainee. In this regard, the department may take into consideration: (a) Requirements for submission of applications by pesticide trainees or noncommercial pesticide trainees. (b) Minimum and maximum periods of work or experience required for pesticide trainees or noncommercial pesticide trainees. (c) Work performance records or reports to be maintained by pesticide trainees, noncommercial pesticide trainees or their employers. (d) Acceptance of educational qualifications, applicable work or experience in similar or other fields in lieu of, or as a part of, periods of employment or work by pesticide trainees or noncommercial pesticide trainees. (e) Forms and types of pesticide trainee certificates or noncommercial pesticide trainee certificates to be issued by the department, authorizing trainees to apply pesticides in all or part of the classes of operations or businesses set forth in subsection (2) of this section. (f) Laws and requirements relating to other professional, trade or industry trainee or apprenticeship programs in this or other states. (g) Special requirements if the pesticide trainee or noncommercial pesticide trainee is to assist a pesticide applicator or noncommercial pesticide applicator in the spraying or other application of pesticides by aircraft, and the advisability of allowing participation in federal flight training programs to be substituted, all or in part, for training requirements under this chapter. (2) Establish and maintain classifications of the various pesticides and of the various pest control or pesticide application businesses in order to facilitate the licensing or certification and regulation of pesticide consultants, operators, applicators, noncommercial applicators, private applicators and trainees. In this regard the department may take into consideration: (a) Various types, formulations and characteristics of pesticides used and their purposes. (b) Various methods of application of the pesticides. (c) Precautions required for safe and effective application of the pesticides. (3) Designate pesticides authorized to be used or applied, or prohibited from use or application, by persons in order to qualify for an exemption under ORS
ORS Chapter 634 — Pesticide Control

ORS 634.312. Department to develop programs for solution of pesticide and synthetic chemical problems. The increasing formulation, distribution, application and use of pesticides and other synthetic chemicals have created serious problems with storage, disposition and transportation of pesticides and other synthetic chemicals which cannot or should not be distributed, applied or used. Such problems include but are not limited to the recall and storage of pesticides and other synthetic chemicals prohibited from distribution, application or use because of a violation of or noncompliance with a law or regulation. The State Department of Agriculture shall review scientific information relating to such problems and develop immediate and long-range programs or plans for solutions to such problems, and for these purposes seek the advice of governmental agencies or bodies.
ORS Chapter 634 — Pesticide Control

ORS 634.316. List of highly toxic and restricted-use pesticides. The State Department of Agriculture may establish, maintain and amend lists of pesticides and devices which are highly toxic or restricted-use pesticides or devices.
ORS Chapter 634 — Pesticide Control

ORS 634.326. Use of moneys received by department. (1) The State Department of Agriculture shall deposit all fees paid to it under the provisions of this chapter in the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter. (2) An amount of the fees and moneys referred to in subsection (1) of this section not to exceed 10 percent of registration fees received under ORS 634.016 may be used by the department pursuant to agreements entered into between the department and the Dean of the College of Agricultural Sciences of Oregon State University, with the advice of the Minor Crops Advisory Committee for the purposes set forth in subsection (3) of this section. (3) The amounts provided for in subsection (2) of this section shall be used by the Dean of the College of Agricultural Sciences of Oregon State University for research projects and investigations agreed upon by the dean and the department directed toward obtaining pesticide use registrations needed by growers to produce crops economically in Oregon. (4) The department shall apply $10 of each registration fee collected pursuant to ORS 634.016 to fulfill the provisions of ORS 634.045 (4).
ORS Chapter 634 — Pesticide Control

ORS 634.360. [1969 c.268 13; repealed by 1971 c.699 22] PROHIBITIONS
ORS Chapter 634 — Pesticide Control

ORS 634.375. Sanctions for failure to pay civil penalty. The State Department of Agriculture may suspend, revoke or refuse to renew a license, certificate or other authorization issued to a person under this chapter if the person fails to pay a civil penalty under ORS 634.900 on or before 90 days after the date that the order imposing the civil penalty becomes final by operation of law or on appeal. [2015 c.833 10] THIRAM STUDY AND RESTRICTIONS
ORS Chapter 634 — Pesticide Control

ORS 634.410. Study of effects of thiram on health and safety; evaluation; report. The Workers Compensation Board shall cause the Occupational Health Section to conduct a study or insure that a study is conducted, of the effects on occupational health and safety of the use in reforestation activities of tree seedlings treated with the pesticide thiram or any formulation containing the chemical tetramethylthiuram disulfide. The study shall include evaluation of alternative precautionary measures that may be taken to protect the health and safety of individuals involved in reforestation activities who handle tree seedlings treated with thiram. The board shall report its findings and recommendations to the State Department of Agriculture not later than December 1, 1976.
ORS Chapter 634 — Pesticide Control

ORS 634.415. Rules to insure adequate precautionary measures in use of thiram in reforestation. The Workers Compensation Board shall as a result of the study direct the Occupational Health Section to promulgate rules and regulations to insure that adequate precautionary measures and procedures are followed during the use of thiram in reforestation operations.
ORS Chapter 634 — Pesticide Control

ORS 634.420. Limit on use of thiram; effect of study. Notwithstanding any other provision of this chapter, the State Department of Agriculture shall not register or otherwise authorize the use of the pesticide thiram as a repellent on forest tree seedlings after June 1, 1977, unless a report to the department made pursuant to ORS 634.410 to 634.425 states that thiram may be used for such purpose without creating a serious health or safety hazard to individuals involved in reforestation activities who handle tree seedlings treated with thiram and that adequate precautionary measures may be reasonably undertaken to offset any substantial hazards involved in the use of thiram.
ORS Chapter 634 — Pesticide Control

ORS 634.425. Construction of ORS 634.410 to 634.425. Nothing in ORS 634.410 to 634.425 shall be construed so as to limit the authority of the State Department of Agriculture to refuse registration of the chemical thiram prior to June 1, 1977. [1975 c.777 5] TRIBUTYLTIN COMPOUNDS
ORS Chapter 634 — Pesticide Control

ORS 634.500. Definitions for ORS 634.500 to 634.520. As used in ORS 634.500 to 634.520: (1) Low-leaching tributyltin antifouling paint or coating means a tributyltin-based marine antifouling paint or coating that has a steady state release rate of not more than 5.0 micrograms per square centimeter per day as determined in accordance with a United States Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136. If a lower release rate is determined by the Environmental Quality Commission to be necessary to protect health or the environment, such rate, if adopted by rule by the commission, shall be the acceptable release rate. (2) Tributyltin-based marine antifouling paint or coating means a paint, coating or treatment that contains tributyltin or a triorganotin compound used as a substitute for tributyltin and that is intended to control fouling organisms in a freshwater or marine environment. (3) Waters of the state has the meaning given that term in ORS 468B.005.
ORS Chapter 634 — Pesticide Control

ORS 634.505. Prohibition against sale of compound that releases certain substances in water; exception. Except as provided in ORS 634.510 to 634.520, a person may not sell, offer to sell or use in this state tributyltin-based marine antifouling paint or coating unless a method of using such paint or coating exists that does not result in the release of tributyltin or derivative or organotin into the waters of the state.
ORS Chapter 634 — Pesticide Control

ORS 634.510. Conditions for sale. A tributyltin-based marine antifouling paint or coating may be sold or used in this state if the paint or coating is: (1) Sold and used in accordance with ORS 634.515 and 634.520; and (2)(a) A low-leaching tributyltin antifouling paint or coating used on aluminum hulls; (b) A low-leaching tributyltin antifouling paint or coating used on a ship that is more than 25 meters in length; or (c)(A) In a spray can containing 16 ounces or less of paint or coating; and (B) Commonly referred to as an outboard or lower drive unit paint.
ORS Chapter 634 — Pesticide Control

ORS 634.515. Sale by pesticide dealer; duties of customer. (1) Except as provided in subsection (2) of this section, in addition to any other limitation on a restricted use pesticide under this chapter, on and after September 27, 1987: (a) A low-leaching tributyltin antifouling paint or coating may be sold in Oregon only by a pesticide dealer licensed under ORS 634.112. (b) A pesticide dealer licensed under ORS 634.112 may sell low-leaching tributyltin antifouling paint or coating only to a person who certifies in writing that the paint or coating is to be used for one of the uses allowed under ORS 634.510. (2) Notwithstanding any provision of this chapter or any rule adopted thereunder, a pesticide dealer may sell low-leaching tributyltin antifouling paint or coating to any person, whether or not the person is a licensed applicator.
ORS Chapter 634 — Pesticide Control

ORS 634.520. Report of sales to department. (1) Any pesticide dealer licensed under ORS 634.112 who sells low-leaching tributyltin antifouling paint or coating shall submit a periodic report to the State Department of Agriculture. (2) The report required under subsection (1) of this section shall be submitted to the department on a periodic basis as established by the department. The report shall include the following information about sales of low-leaching tributyltin antifouling paint or coating: (a) The name of any person purchasing the paint or coating; (b) The amount sold to each purchaser; and (c) The use for which the purchaser certified the paint or coating was to be used.
ORS Chapter 634 — Pesticide Control

ORS 634.525. [Formerly 488.885; repealed by 1991 c.67 6] PESTICIDE ANALYTICAL AND RESPONSE CENTER
ORS Chapter 634 — Pesticide Control

ORS 634.555. Pesticide incident telephone line. (1) The State Department of Agriculture, in consultation with the Pesticide Analytical and Response Center, shall establish a pesticide incident telephone line for receiving, and facilitating the coordination of public entities responses to, pesticide-related complaints by the public indicating possible health or environmental effects. (2) The center shall develop and maintain standard operating procedures for use with the telephone line. The department, in consultation with the center and other affected public entities, shall periodically update the telephone line operating procedures to comply with any new standard operating procedures developed by the center.
ORS Chapter 634 — Pesticide Control

ORS 634.557. Biennial reporting of telephone line operations. The State Department of Agriculture shall report biennially to the Legislative Assembly regarding the operation of the pesticide incident telephone line required under ORS 634.555. The report may include, but need not be limited to, any recommendations of the department or the Pesticide Analytical and Response Center for legislation regarding the telephone line. [2015 c.833 16] MINOR CROPS ADVISORY COMMITTEE