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

ORS 634.600. Committee members; appointment; compensation and expenses; duties. (1) There is created the Minor Crops Advisory Committee in the State Department of Agriculture consisting of six members appointed by the Director of Agriculture and the coordinator of the Interregional Project Number 4 program at Oregon State University who shall be a permanent member. (2) The director, as far as practicable, shall make appointments to the advisory committee so that the committee is representative of all segments of agriculture. (3) Each appointed member shall serve a term of three years beginning July 1 of the year of appointment. A member shall continue to serve until a successor is appointed. Vacancies in office shall be filled by appointment for the unexpired term. (4) The committee shall meet at the call of the chairperson or the Director of Agriculture. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the committee. (5) At the first meeting after July 1 of each year, the committee shall select a chairperson. The Dean of the College of Agricultural Sciences of Oregon State University and the Director of Agriculture, or their representatives, shall be ex officio members without the right to vote. (6) Members of the committee shall be eligible for compensation and expenses as provided in ORS 292.495. (7) The committee shall: (a) Advise the department in the administration of ORS 634.016 to 634.042 as relates to minor crop use registrations; (b) Cooperate with the United States Department of Agricultures Interregional Project Number 4 and the United States Environmental Protection Agency in obtaining federal registrations of pesticides for minor crop uses; and (c) Maintain close contact between the department and agricultural producers regarding the need for research to support registration of pesticides for minor crops. [1989 c.709 2] INTEGRATED PEST MANAGEMENT (State Agencies and Public Universities)
ORS Chapter 634 — Pesticide Control

ORS 634.650. Definitions for ORS 634.650 to 634.665. As used in ORS 634.650 to 634.665: (1) Integrated pest management means a science-based decision-making process that: (a) Identifies and reduces risks from pests and from pest management-related strategies; (b) Coordinates the use of pest biology, environmental information and comprehensive technology to prevent unacceptable levels of pest damage by economical means and poses the least possible risk to people, property, resources and the environment; and (c) Uses a pest management approach that focuses on the prevention of pests through a combination of techniques that may include, but need not be limited to: (A) Surveillance and monitoring; (B) Early detection and rapid response; (C) Mechanical control; (D) The selective use of pesticides; (E) Cultural practices; (F) Modified land management; (G) Biological controls; (H) Evaluation of the effects and efficacy of pest treatments; and (I) Control practices selected and applied to achieve desired pest management objectives in a manner that minimizes risks to human health, nontarget organisms, native fish and wildlife habitat, watersheds and the environment. (2) Pest means any vertebrate or invertebrate animal, pathogen, parasitic plant, weed or similar or allied organism which can cause disease or damage to crops, trees, shrubs, grasses or other plants, humans, animals or property. [1991 c.943 1; 2013 c.289 4] Note:
ORS Chapter 634 — Pesticide Control

ORS 634.653. Appointment of State Integrated Pest Management Coordinator. The Dean of the College of Agricultural Sciences of Oregon State University shall appoint a faculty member of the college who has administrative and technical experience in integrated pest and production management matters to act as the State Integrated Pest Management Coordinator. The coordinator shall serve at the pleasure of the dean. [2013 c.289 2] Note: See note under
ORS Chapter 634 — Pesticide Control

ORS 634.655. Policy. The Legislative Assembly declares that it is the policy of the State of Oregon to require all state agencies that have pest control responsibilities to follow the principles of integrated pest management. [1991 c.943 2] Note: See note under
ORS Chapter 634 — Pesticide Control

ORS 634.657. Integrated Pest Management Coordinating Committee; purposes; report; funding. (1) There is established an Integrated Pest Management Coordinating Committee, consisting of: (a) The State Integrated Pest Management Coordinator; (b) The integrated pest management coordinator for each state agency listed in ORS
ORS Chapter 634 — Pesticide Control

ORS 634.665. Agencies and universities to provide personnel training; appointment of coordinators; duties. (1) Each state agency or public university listed or referred to under ORS
ORS Chapter 634 — Pesticide Control

ORS 634.670. [1991 c.943 5; repealed by 2001 c.413 12] (Schools)
ORS Chapter 634 — Pesticide Control

ORS 634.705. Adoption of integrated pest management plan and related provisions; exceptions; low-impact pesticide list. (1) The governing body responsible for a school shall adopt an integrated pest management plan for use on the campuses of the school. The governing body shall also adopt provisions for: (a) Designating an integrated pest management plan coordinator; (b) Identifying plan coordinator responsibilities; (c) Giving notices under ORS 634.740; (d) Retaining pesticide application records under ORS 634.750; (e) Providing a process for responding to inquiries and complaints about noncompliance with the integrated pest management plan; and (f) Conducting outreach to the school community about the schools integrated pest management plan. (2) If a governing body has control over only part of a building, a structure or property where a campus is located, the governing body may limit an integrated pest management plan to those parts of the building, structure or property over which the governing body exerts substantial control. (3) A governing body is not required to adopt an integrated pest management plan for off-campus buildings, structures or property, notwithstanding any incidental use for instruction. (4) Unless a governing body expressly provides otherwise, the application of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap at a campus is not subject to the requirements for a pesticide application under an integrated pest management plan. However, this subsection does not permit the application at a campus of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap that is a pesticide in a manner that is inconsistent with the goal of the integrated pest management plan. (5) A governing body shall adopt a list of low-impact pesticides for use with the integrated pest management plan. The governing body may include any product on the list except products that: (a) Contain a pesticide product or active ingredient that has the signal words warning or danger on the label; (b) Contain a pesticide product classified as a human carcinogen or probable human carcinogen under the United States Environmental Protection Agency 1986 Guidelines for Carcinogen Risk Assessment; or (c) Contain a pesticide product classified as carcinogenic to humans or likely to be carcinogenic to humans under the United States Environmental Protection Agency 2003 Draft Final Guidelines for Carcinogen Risk Assessment.
ORS Chapter 634 — Pesticide Control

ORS 634.710. Plan selection. A governing body may adopt, improve or continue any integrated pest management plan that provides protection against pesticide exposure equal to or greater than the protection against pesticide exposure required by ORS 634.700 to
ORS Chapter 634 — Pesticide Control

ORS 634.720. Plan coordinators. (1) The governing body shall provide for the designation of one or more persons as integrated pest management plan coordinators for the governed schools. A plan coordinator must be an employee of the governed district, unit, school or entity, unless the governing body delegates pest management duties to an independent contractor. Each school shall have the services of at least one integrated pest management plan coordinator. A plan coordinator may serve more than one school. The responsibilities of the plan coordinator shall include, but need not be limited to: (a) Giving notice and posting warnings under ORS 634.740; (b) Overseeing pest prevention efforts; (c) Providing for the identification and evaluation of pest situations; (d) Determining the means of appropriately managing pest damage that will cause the least possible hazard to people, property and the environment; (e) Ensuring the proper and lawful performance of pesticide applications; (f) Evaluating pest management results; and (g) Keeping records as required by ORS 634.750. (2) A plan coordinator shall complete not less than six hours of training each year. The training shall include at least a general review of integrated pest management principles and the requirements of ORS 634.700 to 634.750.
ORS Chapter 634 — Pesticide Control

ORS 634.725. Application of low-impact pesticide. If a school has followed the integrated pest management plan and nonchemical pest control measures were ineffective, subject to ORS 634.730 the integrated pest management plan coordinator may authorize the application of a low-impact pesticide. The low-impact pesticide application must be made by a pesticide applicator, a noncommercial pesticide applicator or a public applicator. The use of a pesticide applicator, noncommercial pesticide applicator or public applicator to make an application does not cancel, alter or reassign any of the duties imposed under ORS 634.740 or 634.750.
ORS Chapter 634 — Pesticide Control

ORS 634.728. Pesticides used at community colleges for research or instruction. ORS 634.700 to
ORS Chapter 634 — Pesticide Control

ORS 634.730. Reentry into sprayed area; exception; declaration of pest emergency. (1) Subject to subsection (2) of this section: (a) If the labeling of a pesticide product specifies a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of that reentry time. (b) If the labeling of a pesticide product does not specify a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of a reentry time that the integrated pest management plan coordinator determines to be appropriate based on the times at which students would normally be expected to be in the area, area ventilation and whether the area will be cleaned before students are present. (2)(a) The application restrictions described in subsection (1) of this section do not apply if the pesticide is applied outdoors by a pesticide applicator, a noncommercial pesticide applicator or a public applicator as a component of academic instruction in agriculture. (b) The application restrictions described in subsection (1)(b) of this section do not apply if the integrated pest management plan coordinator declares a pest emergency under subsection (3) of this section. (3) An integrated pest management plan coordinator, after consultation with school faculty and administration, may declare the existence of a pest emergency. If necessary, a pesticide other than a low-impact pesticide may be used to mitigate a declared pest emergency. If a pesticide is applied at a campus due to a pest emergency, the plan coordinator shall review the integrated pest management plan to determine whether modification of the plan might prevent future pest emergencies. The plan coordinator shall submit any recommendations for modification of the plan to the governing body. The governing body shall review and take formal action on the recommendations.
ORS Chapter 634 — Pesticide Control

ORS 634.740. Written notice requirements; warning signs; failure to notify or warn. (1) The governing body responsible for a school shall adopt policies and processes for ensuring that the integrated pest management plan coordinator for the school, or a designee of the coordinator, gives written notice of a proposed pesticide application at the campus to, at a minimum, parents and guardians of minor students, adult students, school administrators, faculty members and staff members. The plan coordinator or designee may give a written notice described in this subsection by any reasonable means, including but not limited to, electronic mail. (2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients. (3) Except as provided in this subsection, the plan coordinator or designee must give a pesticide application notice in a manner reasonably calculated to reach the intended recipient at least 24 hours before the pesticide application occurs. A notice must identify the name, trademark or type of pesticide products, the registration number assigned to each of the pesticide products, the expected area of application, the expected date of application and the reason for the application. If a pest emergency makes it impracticable to give a pesticide application notice at least 24 hours before the pesticide application occurs, the plan coordinator or designee shall send the notice no later than 24 hours after the application occurs. (4) Except as provided in this subsection, if a pesticide is applied at a campus, the plan coordinator or a designee of the coordinator shall place warning signs around pesticide application areas beginning no later than 24 hours before the application occurs and ending no earlier than 72 hours after the application occurs. A warning sign must bear the words Warning: pesticide-treated area, give the expected or actual date and time for the application and provide the telephone number of a contact person. If a pest emergency makes it impracticable to place the warning signs at least 24 hours before the pesticide application, the plan coordinator or designee shall place the signs as soon as practicable but no later than at the time the application occurs. (5) Failure to give notice or post warnings as required by this section does not create a cause of action for damages and may not be asserted as the basis for a per se negligence claim.
ORS Chapter 634 — Pesticide Control

ORS 634.750. Pesticide application records. (1) If a pesticide is applied at a campus, the integrated pest management plan coordinator or a designee of the coordinator shall place the labeling information and material data safety sheet for the pesticide on file at a school on the campus. The plan coordinator or designee shall record and make available the following information: (a) The brand name or trademark of the pesticide product; (b) The United States Environmental Protection Agency registration number assigned to the pesticide product; (c) The pest condition that prompted the application; (d) A description of the area on campus where the application occurred; (e) The approximate amount and concentration of pesticide product applied; (f) The type of application and whether the application proved effective; (g) The pesticide applicator, noncommercial pesticide applicator or public applicator license numbers and pesticide trainee, noncommercial pesticide trainee or public trainee certificate numbers of the persons applying the pesticide; (h) The names of the persons applying the pesticide; (i) The dates on which the plan coordinator gave any notices required by ORS
ORS Chapter 634 — Pesticide Control

ORS 634.900. Penalty for certain violations; amount. (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for violation of any of the provisions of this chapter relating to pesticide application, sale or labeling. The civil penalty for a first violation shall be not more than $2,000. For a subsequent violation, the director may impose a civil penalty of not more than $4,000. (2) Notwithstanding subsection (1) of this section, if the violation of a provision relating to pesticide application, sale or labeling results from gross negligence or willful misconduct, the civil penalty for a first or subsequent violation may not exceed $10,000. (3) A civil penalty may not be imposed under this section for violations other than those involving pesticide application, sale or labeling violation under this chapter. (4) Notwithstanding subsections (1) to (3) of this section, the director may impose a civil penalty on a person for violation of any of the provisions of this chapter related to restricted-use pesticides or for violation of any rule adopted pursuant to this chapter related to restricted-use pesticides.
ORS Chapter 634 — Pesticide Control

ORS 634.905. When penalty payable; notice; hearing. (1) Any civil penalty under ORS 634.900 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the Director of Agriculture.
ORS Chapter 634 — Pesticide Control

ORS 634.910. Reduction of penalty; criteria. A civil penalty imposed under ORS 634.900 may be remitted or reduced upon such terms and conditions as the Director of Agriculture considers proper and consistent with the public health and safety.
ORS Chapter 634 — Pesticide Control

ORS 634.915. Schedule for penalty amounts; criteria; rules. (1) The State Department of Agriculture shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation. (2) In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules or orders pertaining to pesticide application, sale or labeling. (c) The gravity and magnitude of the violation. (d) Whether the violation was repeated or continuous. (e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act. (f) The violators cooperativeness and efforts to correct the violation. (g) The immediacy and extent to which the violation threatens the public health or safety.
ORS Chapter 634 — Pesticide Control

ORS 634.920. [1989 c.943 6,7; repealed by 1991 c.734 122]
ORS Chapter 634 — Pesticide Control

ORS 634.925. Disposition of penalties collected. All penalties recovered under ORS 634.900 to 634.915 shall be deposited by the State Treasurer in the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the State Department of Agriculture to be used for information and education related to pesticide application.
ORS Chapter 634 — Pesticide Control

ORS 634.990. [Amended by 1961 c.294 13; repealed by 1973 c.341 37] CRIMINAL PENALTIES
ORS Chapter 634 — Pesticide Control

ORS 634.992. Criminal penalties. Violation of any of the provisions of this chapter, or any rules adopted by the State Department of Agriculture related to restricted-use pesticides, is a Class A misdemeanor. [1973 c.341 36; 2011 c.597 256; 2021 c.177 5] _______________
ORS Chapter 645 — Commodity Transactions

ORS 645.005. Definitions. As used in this chapter: (1) Board of trade means any person or persons engaged in buying or selling any commodity or receiving the same for sale on consignment, whether such person or persons are characterized as a board of trade, exchange or other form of marketplace. (2) Commodity means, except as otherwise specified by the director by rule, all goods, articles, products, foreign currency or items of any kind. Commodity does not include real property or any timber, agricultural or livestock product grown or raised on real property and offered or sold by the owner or lessee of such real property. (3) Commodity contract: (a) Means any account, agreement or contract for the purchase or sale of one or more commodities, however characterized, which is primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser or between persons engaged in producing, processing, using commercially or handling as merchants the commodity or any by-product thereof. Any contract for one or more commodities offered or sold shall, in the absence of evidence to the contrary, be presumed to be offered or sold for speculation or investment purposes; and (b) Does not include any contract or agreement which requires, and under which the purchaser receives within 28 days of payment of any portion of the purchase price, physical delivery of the total amount of each commodity to be purchased under the contract or agreement. (4) Commodity merchant means any person, other than a futures association, required to register with the Commodity Futures Trading Commission. (5) Commodity option: (a) Means any account, agreement or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise; and (b) Does not include an option traded on a national securities exchange registered with the federal Securities and Exchange Commission. (6) Director means the Director of the Department of Consumer and Business Services or an agent or employee authorized to act on the directors behalf. (7) Financial institution means an insured institution or trust company as those terms are defined in ORS 706.008. (8) Fraud, deceit and defraud are not limited to common-law deceit. (9) Offer includes every offer to sell, offer to purchase or offer to enter into a commodity contract or commodity option. (10) Person includes an individual, a joint venture, a partnership, a cooperative, an association, a joint stock company, a corporation, a trust, an unincorporated organization, a government or a political subdivision of a government. (11) Sale or sell includes every sale, contract of sale, contract to sell or disposition for value.
ORS Chapter 645 — Commodity Transactions

ORS 645.010. Commodity contract or option transactions prohibited; exception. Except as otherwise provided in ORS 645.015 or 645.020: (1) No person shall sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option. (2) No person shall participate or materially aid another person to commit an act or otherwise engage in a transaction prohibited by subsection (1) of this section.