reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 consultant’s 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 consultant’s licenses shall be subject to ORS 634.122 (5) and (6).
(5) This section shall not apply to licensed pesticide applicators or operators. [1973 c.341 §18; 1975 c.304 §13; 1993 c.599 §3; 2019 c.84 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §19; 1975 c.304 §14; 1993 c.599 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.142 - Private applicator certificate; standards; fee.

(1) The State Department of Agriculture shall issue or renew a private applicator’s 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 applicator’s certificate or renewal thereof. The fee may not exceed $25. The time for which a certificate is valid shall be five years. [1973 c.341 §20; 1979 c.232 §2; 2003 c.14 §390]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §21; 2001 c.104 §248]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.216 - Protected area as governmental subdivision upon completion of required filings.

If the Director of Agriculture declares a protected area under ORS 634.212, the copy of the rule or order that the director files with the Secretary of State must be accompanied by a map of a scale of at least one inch per mile. The Secretary of State shall maintain a copy of the rule or order, and of the map, as a public record in the office of the Secretary of State. Upon such required filings, the protected area shall be deemed to be a governmental subdivision of the state and a public body corporate. [1973 c.341 §26; 2009 c.98 §28]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §31]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §28; 2009 c.98 §29]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §29; 2009 c.98 §30]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §30; 1991 c.459 §438]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1973 c.341 §4; 1993 c.742 §112]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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). [1973 c.341 §35; 1979 c.499 §33; 1989 c.709 §4; 2015 c.744 §§5,6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1975 c.777 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1975 c.777 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1975 c.777 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1987 c.207 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1987 c.207 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1987 c.207 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1987 c.207 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1987 c.207 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [2015 c.833 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 Agriculture’s 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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:
634.650 to 634.665 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 634 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 634.650.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.660 - Agencies and universities required to implement integrated pest management.

Each of the following state agencies or public universities shall implement integrated pest management practices when carrying out duties of the agency or public university related to pest control:
(1) State Department of Agriculture.
(2) State Department of Fish and Wildlife.
(3) Department of Transportation.
(4) State Parks and Recreation Department.
(5) State Forestry Department.
(6) Department of Corrections.
(7) Oregon Department of Administrative Services.
(8) Department of State Lands.
(9) Department of Environmental Quality.
(10) Oregon Health Authority.
(11) Each public university listed in ORS 352.002, for the public university’s own building and grounds maintenance. [1991 c.943 §3; 2003 c.14 §391; 2011 c.637 §277; 2013 c.289 §5]
Note:
See note under 634.650.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 634.660 shall provide integrated pest management training for employees responsible for pest management.
(2) Each state agency or public university listed or referred to under ORS 634.660 shall designate an integrated pest management coordinator. The integrated pest management coordinator:
(a) Must be a state or public university employee;
(b) Shall manage the integrated pest management program of the agency or public university; and
(c) May serve more than one state agency or public university. [1991 c.943 §4; 2001 c.413 §11; 2013 c.289 §6]
Note:
See note under 634.650.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 school’s 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. [2009 c.501 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 634.750. [2009 c.501 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [2009 c.501 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [2009 c.501 §5; 2022 c.53 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.728 - Pesticides used at community colleges for research or instruction.

ORS 634.700 to 634.750 do not limit or prohibit the use of pesticides at a community college for purposes of scientific research or academic instruction. [2013 c.241 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [2009 c.501 §6; 2022 c.53 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [2009 c.501 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 634.740; and
(j) The dates and times for the placement and removal of warning signs under ORS 634.740.
(2) Pesticide application records must include copies of all notices given under ORS 634.740.
(3) A school shall retain pesticide application records required by this section for at least four years following the application date. [2009 c.501 §8; 2022 c.53 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1989 c.943 §2; 2007 c.592 §1; 2015 c.833 §11; 2021 c.177 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1989 c.943 §3; 1991 c.734 §57; 1999 c.59 §186]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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 violator’s cooperativeness and efforts to correct the violation.
(g) The immediacy and extent to which the violation threatens the public health or safety. [1989 c.943 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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. [1989 c.943 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 635 - Nonalcoholic Beverages › Section 635.015 - Definitions.

As used in this chapter:
(1) "Department" means the State Department of Agriculture.
(2) "Nonalcoholic beverage manufacturing business" or the "business of a nonalcoholic beverage manufacturer" means the operations and business of and the owner or operator thereof, who manufactures, makes, bottles, handles, distributes, holds for sale, or sells soda or soda waters, mineral waters, carbonated beverages and other nonalcoholic drinks or beverages otherwise known as soft drinks, except those that are exempt as not covered as provided in ORS 635.027 or those exempted by the department. [1967 c.154 §1]