justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.350. Fences sufficient to relieve railroad of liability. No railroad track shall be deemed to be fenced within the meaning of ORS 608.340 unless it is guarded by such fence against the entrance thereon of any livestock on either side of the track, and not more than 100 feet from the track. Whatever is a lawful fence in the county where the killing or injury occurs, and no other, shall be deemed a lawful fence under ORS 608.340. However, complete natural defenses against the entrance of stock upon the track, such as natural walls or deep ditches, shall be deemed to be a fence under such section, when it, in connection with other and ordinary lawful fences, forms a continuous guard and defense against the entrance of such livestock upon the track.
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.360. When railroads negligence is presumed; contributory negligence and willful intent as defense. In every action for the recovery of the value of any livestock killed, or for damages for injury to any livestock, under ORS 608.340, proof of such killing or injury shall of itself be deemed conclusive evidence in any court of this state of negligence upon the part of the person, or the lessees or agents of the person, owning or operating such railroad. Contributory negligence on the part of the plaintiff in such action may be set up as a defense, but allowing stock to run at large upon common unfenced range or upon enclosed land owned or in possession of the owner of such stock shall not be deemed contributory negligence. In any such action, proof of willful intent on the part of the plaintiff to procure the killing or injury of such stock shall defeat the recovery of any damages for such killing or injury.
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.370. Service of process on agent. In any action authorized by ORS 608.340, service of summons or any other necessary process may be made upon any person, or the lessees or agents of the person, owning or operating any railroad, by personal service upon any authorized agent thereof, residing or stationed in the county where such action is brought.
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.380. examine any identifying marks and, if the ownership of the livestock is determined, notify the owner. If the owner remains unknown, the sheriff shall cause publication in a county newspaper of a description of the livestock and the facts of the accident. FENCING AGAINST HOGS
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.390. Notifying brand inspector. Upon receipt of the information mentioned in ORS
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.400. Inspection of injured livestock and notice to owner. When notified of the killing or injury of livestock under the circumstances described in ORS
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.510. Fencing against hogs. The owner or occupant of premises is not required to fence against hogs. No owner or person entitled to the possession of a hog shall permit it to run at large or upon the property of another person.
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.520. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.530. [Repealed by 1957 c.476 4]
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.540. [Repealed by 1957 c.476 4] PENALTIES
ORS Chapter 608 — Fences to Prevent Damage by

ORS 608.990. Penalties. (1) Violation of ORS 608.330 is a Class C misdemeanor. (2) Violation of ORS 608.380 is a Class A violation. (3) Violation of ORS 608.510 is a Class D violation. [Amended by 1957 c.476 3; 1999 c.1051 207; 2011 c.597 247] _______________
ORS Chapter 634 — Pesticide Control

ORS 634.005. Short title; policy statement. The purpose of this chapter, which shall be known as the State Pesticide Control Act and shall be enforced by the State Department of Agriculture, is to regulate in the public interest the formulation, distribution, storage, transportation, application and use of pesticides. Many materials have been discovered or synthesized which are necessary and valuable for the control of insects, plant diseases and weeds. Many more pesticides will be discovered and needed. Such materials, however, may injure health, property, wildlife or environment by being distributed, stored, transported, applied or used in an improper or careless manner. The pesticide industry of this state has achieved and maintained high standards in its formulation and use of pesticides while at the same time experiencing a minimum of injury to persons, property or the environment. Currently updating the law to maintain this achievement and to consider future new pesticides and problems is necessary for the protection of persons, property, wildlife and environment of this state. [Formerly 634.012]
ORS Chapter 634 — Pesticide Control

ORS 634.010. [Repealed by 1953 c.118 2]
ORS Chapter 634 — Pesticide Control

ORS 634.015. [1995 s.s. c.3 38e; repealed by 1996 c.10 11 (634.065 enacted in lieu of 634.015)] REGISTRATION, LABELING AND USE
ORS Chapter 634 — Pesticide Control

ORS 634.020. [Repealed by 1953 c.118 2]
ORS Chapter 634 — Pesticide Control

ORS 634.022. Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law. (1) The provisions of ORS 634.016 are not applicable to pesticides used only for experimental or research purposes. Such pesticides shall be conspicuously labeled For experimental purposes only and not for sale in addition to the labeling requirements of ORS 634.026, except that they need not be labeled with directions for use or the professed standard of quality. (2)(a) Subject to the exemptions set forth in paragraph (b) of this subsection, before any pesticide can be used for experimental or research purposes a person proposing to use such pesticides shall obtain approval of the State Department of Agriculture. Application for such approval shall contain such information as may be required by the department, including the location and size of the plot on which the experiment or research is to be carried out, the nature of the pesticide to be utilized, the person responsible for such activities and the intended disposition of any crops grown upon the experimental or research plot. (b) The provisions of paragraph (a) of this subsection are not applicable to: (A) Federal or state agencies. (B) Experiments or research carried on in greenhouses. (3) If any person uses pesticides for experimental purposes as provided by this section contrary to the instructions and approval issued by the department, the department may immediately revoke such approval and refuse to issue its approval to such persons on future applications.
ORS Chapter 634 — Pesticide Control

ORS 634.026. Pesticide labeling requirements; highly toxic pesticides; applicability of law. (1) If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with: (a) The name and address of the manufacturer or person for whom it was manufactured. (b) The brand name or trademark under which the material is sold. (c) The professed standard of quality of the material. (d) The net weight or volume of the contents. (e) Adequate and necessary directions for its proper and intended use. (2) In addition to the information required by subsection (1) of this section, any pesticide which is highly toxic shall be labeled with: (a) A sign of a skull and crossbones. (b) The word poison in red on the package printed on a background of contrasting color. (c) A poison antidote for the material, if any. (3) The provisions of subsection (2) of this section shall not apply to bleaching powder or chloride of lime.
ORS Chapter 634 — Pesticide Control

ORS 634.030. [Repealed by 1953 c.118 2]
ORS Chapter 634 — Pesticide Control

ORS 634.032. When pesticide is misbranded. Pesticides shall be deemed misbranded if: (1) The package or container of such materials bears any false or misleading statement. (2) The container or package of such materials is not labeled as required by ORS
ORS Chapter 634 — Pesticide Control

ORS 634.036. When pesticide is adulterated. A pesticide shall be deemed to be adulterated if: (1) It is a pesticide other than a herbicide, defoliant or desiccant, is intended for use on vegetation and contains any substance which is injurious to such vegetation when used as directed under normal growing conditions. (2) The strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part. (3) The contents of the package or container of pesticide do not meet their purported standard of quality in any other manner. (4) The contents of the package or container represented to be a pesticide are not definitely effective for the purpose for which recommended.
ORS Chapter 634 — Pesticide Control

ORS 634.040. [Repealed by 1953 c.118 2]
ORS Chapter 634 — Pesticide Control

ORS 634.042. Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix. (1) Any poisonous or deleterious pesticide or any pesticide which, in the opinion of the State Department of Agriculture, is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals as safe for use, added to a raw agricultural commodity, shall be deemed unsafe for the purposes of the application of ORS 616.235 (1)(b), unless: (a) A tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by regulation promulgated by the department and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or (b) With respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from regulation promulgated by the department. (2) While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of ORS 616.235 (1)(a), provided such pesticide chemical or the use of such pesticide chemical is in compliance with the law and regulations promulgated thereunder. (3) In a fertilizer, agricultural minerals, agricultural amendment or lime mix in which a pesticide is contained, all applicable provisions of this chapter must be complied with. In lieu of the requirements of ORS 634.026 (1)(c), the label or invoice on a certain mix may show the name and amount of the actual pesticide, together with the total amount of the entire mixture, including the amount of actual pesticide, to be applied to each acre.
ORS Chapter 634 — Pesticide Control

ORS 634.048. Website information regarding pesticides. The State Department of Agriculture shall post information regarding pesticides on a department website that is available for access by the public without charge. The department shall indicate on the website those pesticides and devices that the department has listed under ORS 634.316 as highly toxic or restricted-use pesticides or devices.
ORS Chapter 634 — Pesticide Control

ORS 634.050. [Repealed by 1953 c.118 2] STATEWIDE REGULATION OF PESTICIDES
ORS Chapter 634 — Pesticide Control

ORS 634.055. Legislative findings. The Legislative Assembly hereby determines that the citizens of this state benefit from a system of safe, effective and scientifically sound pesticide regulation. The Legislative Assembly further finds that a uniform, statewide system of pesticide regulation that is consistent, coordinated and comports with both federal and state technical expertise is essential to the public health, safety and welfare and that local regulation of pesticides does not materially assist in achieving these benefits. [1996 c.10 4 (enacted in lieu of 634.007)]
ORS Chapter 634 — Pesticide Control

ORS 634.057. State preemption of local pesticide regulation. No city, town, county or other political subdivision of this state shall adopt or enforce any ordinance, rule or regulation regarding pesticide sale or use, including but not limited to: (1) Labeling; (2) Registration; (3) Notification of use; (4) Advertising and marketing; (5) Distribution; (6) Applicator training and certification; (7) Licensing; (8) Transportation; (9) Packaging; (10) Storage; (11) Disclosure of confidential information; or (12) Product composition. [1996 c.10 6 (enacted in lieu of 634.009)]
ORS Chapter 634 — Pesticide Control

ORS 634.060. Actions allowed by city, town, county or other political subdivision. Notwithstanding ORS 634.057, a city, town, county or other political subdivision of this state may adopt a policy regarding the use of pesticides on property owned by the city, town, county or other political subdivision adopting the policy. [1996 c.10 8 (enacted in lieu of 634.011)]
ORS Chapter 634 — Pesticide Control

ORS 634.063. Exceptions to state preemption of pesticide regulation. Nothing in ORS
ORS Chapter 634 — Pesticide Control

ORS 634.065. Department consideration of concerns raised by city, town, county or political subdivision. In administering this chapter, the State Department of Agriculture shall consider any concern raised by a city, town, county or other political subdivision of the state regarding the regulation of pesticides. [1996 c.10 12 (enacted in lieu of 634.015)] LICENSING AND CERTIFICATION
ORS Chapter 634 — Pesticide Control

ORS 634.106. (4) Establish and maintain classifications of pesticides and devices that are deemed to be highly toxic or restricted-use pesticides or devices. In this regard, the department shall take into consideration: (a) Laws and regulations of the federal government, including the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended, and the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973. (b) Laws and regulations of other states. (c) Advice and counsel of experts in pesticides from industry, universities and colleges and other governmental agencies or bodies. (5) Establish and maintain types of pesticide consultant, applicator or noncommercial applicator examinations and reexaminations, schedules for required reexaminations and other measures deemed necessary for fair and reasonable testing of applicants as provided in ORS 634.122 (5) and 634.124 (5). (6) Designate the conditions under which pesticide operators that are or that employ pesticide applicators to spray or otherwise apply pesticides by aircraft may reduce, suspend or terminate the liability insurance required by ORS
ORS Chapter 634 — Pesticide Control

ORS 634.110. [Repealed by 1953 c.117 2]
ORS Chapter 634 — Pesticide Control

ORS 634.120. [Repealed by 1953 c.117 2]
ORS Chapter 634 — Pesticide Control

ORS 634.126. (1) Manufacturers of materials engaged in research or experimental work on pesticides. (2) Persons engaged in the business of a pesticide operator or applicator only in the application of any pollenicide. (3) Persons licensed as veterinarians under ORS chapter 686 who are engaged in the practice of veterinary medicine within the scope of their veterinary medicine practice and employees of licensed veterinarians when acting within the scope of their employment. (4) A farmer or forestland owner applying pesticides, other than restricted-use pesticides, by use of equipment of the farmer or forestland owner for others on an occasional basis not amounting to a principal or regular occupation, if the farmer does not publicly hold out as a pesticide applicator and if the pesticides that are applied are furnished by the owner of the land on which such pesticides are applied. (5) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides but whose main or principal work or business is the maintenance of small or home lawns, shrubs or gardens. (6) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides and whose principal activity or business as related to pesticides is selling pesticides or selling or leasing equipment. (7) Railroads, to the extent that the application of pesticides is by their regular employees, on land or property under their ownership, supervision, control or jurisdiction, except that if power-operated spray equipment is used for applying volatile herbicides, the application shall be under the direct supervision of a licensed public applicator.
ORS Chapter 634 — Pesticide Control

ORS 634.127. Noncommercial pesticide trainee certificate; fee. (1) In accordance with rules adopted by the State Department of Agriculture, as provided in ORS
ORS Chapter 634 — Pesticide Control

ORS 634.130. [Repealed by 1953 c.117 2]
ORS Chapter 634 — Pesticide Control

ORS 634.132. Consultant license; fee; qualifications; examination; applicability of law. (1) The annual license fee for a pesticide consultant shall be established by the State Department of Agriculture not to exceed $40. (2) An applicant for a pesticide consultants license shall be required to demonstrate satisfactorily by written examination or any reexamination given by the department, an adequate knowledge of: (a) The characteristics of pesticides and the effect of their application to particular crops. (b) The practices of application of pesticides. (c) The conditions and times of application of pesticides and the precautions to be taken in connection therewith. (d) The applicable laws and rules relating to pesticides and their application in this state. (e) Other requirements or procedures which will be of benefit to and protect the pesticide applicators, the persons who use the services of the pesticide applicator and the property of others. (3) Based upon the license application and the request of the applicant, the department may examine the applicant only in any one or more of the classes of pesticides established by the department under ORS 634.306 (2). (4) Examinations or reexaminations for pesticide consultants licenses shall be subject to ORS 634.122 (5) and (6). (5) This section shall not apply to licensed pesticide applicators or operators.
ORS Chapter 634 — Pesticide Control

ORS 634.136. Dealer license; fee; applicability of law. (1) The annual license fee for a pesticide dealer shall be established by the State Department of Agriculture not to exceed $75. A separate license shall be required for each sales outlet or location. (2) This section shall not apply to: (a) Any licensed pesticide operator who sells restricted-use or highly toxic pesticides as a part of services, or through licensed employees, through the use of the equipment of the licensed pesticide operator. (b) Any state, federal or governmental agency providing restricted-use or highly toxic pesticides to its own employees for use in its own programs. (c) Any person who sells, offers for sale, handles or distributes pesticide-fertilizer mixtures only in packages of 25 pounds or less in size.
ORS Chapter 634 — Pesticide Control

ORS 634.140. [Repealed by 1953 c.117 2]
ORS Chapter 634 — Pesticide Control

ORS 634.142. Private applicator certificate; standards; fee. (1) The State Department of Agriculture shall issue or renew a private applicators certificate if the applicant or certificate holder meets the certification standards established by the department pursuant to ORS 634.306 (14). (2) A fee, established by the department, shall be assessed for a private applicators certificate or renewal thereof. The fee may not exceed $25. The time for which a certificate is valid shall be five years.
ORS Chapter 634 — Pesticide Control

ORS 634.146. Records required of operators; retention period; report to owner of treated field crops. (1) Pesticide operators shall prepare and maintain records on forms approved by the State Department of Agriculture. Such records shall include: (a) The name of the person for whom the pesticide was applied. (b) The approximate location of the land or property on which the pesticide was applied. (c) The date and approximate time of application. (d) The person who supplied the pesticides. (e) The trade name and the strength of such pesticides. (f) The amount or concentration (pounds or gallons per acre of active ingredient or concentration per approximately 100 gallons). (g) The specific property, crop or crops to which the pesticide was applied. (h) The summary information of equipment, device or apparatus used and, if applied by aircraft, the Federal Aviation Administration number. (i) The names of the pesticide applicator or pesticide trainees who did the actual application or spraying. (2) The records, which shall be kept for a period of at least three years from the date of application of pesticides, shall be available during business hours for review and inspection by the department. (3) Upon receiving a request from any owner of field crops on which pesticides were applied, the pesticide operator within 40 days after making such application shall give or forward to the owner a written statement setting forth the information described in subsection (1)(a), (b), (c), (e), (f) and (g) of this section.
ORS Chapter 634 — Pesticide Control

ORS 634.148. Retesting following violation. If an individual holding a license, certificate or other authorization issued under this chapter commits or has responsibility for a violation of this chapter related to the spraying or other application of a pesticide, or for a violation of a State Department of Agriculture rule related to those applications, and the department in its discretion deems that the violation indicates an inadequate knowledge of the laws and rules applicable to pesticides, in addition to any other available penalty or sanction: (1) The department may require that the individual retake any examination required for issuance of a license, certificate or other authorization that the individual holds or is required to hold for activities related to pesticides; and (2) If the individual fails an examination required by the department under subsection (1) of this section, the department may suspend, revoke or refuse to renew the license, certificate or other authorization of the individual. A suspension, revocation or refusal to renew under this subsection is subject to ORS chapter 183. [2015 c.833 19] LIABILITY CLAIMS PROCEDURE
ORS Chapter 634 — Pesticide Control

ORS 634.206. Continuation of protected and restricted areas created by former law. There hereby is created a protected area or restricted area territorially identical respectively with each protected area or restricted area existing as of October 5, 1973, or a restricted area established pursuant to ORS 573.537 and in effect June 1, 1973, if such existing protected area or restricted area was established or succeeded pursuant to the provisions of ORS chapter 573. Each protected area or restricted area hereby created shall bear the name of the formerly designated protected area or restricted area with which it is territorially identical. It shall succeed to the duties, obligations, property, rights and privileges of such formerly designated protected area or restricted area and shall function as authorized by the provisions of this chapter.
ORS Chapter 634 — Pesticide Control

ORS 634.210. [Amended by 1953 c.685 12; repealed by 1961 c.294 1 (634.211 enacted in lieu of 634.210)]