Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0535 - Pesticide Use on Crops Grown for Seed Production

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of pesticide product
			 registration, labeling, distribution and use, certain crops when grown
			 exclusively for seed production with the sole intent of the seed being planted,
			 or with the sole intent of the seed being processed to produce nonedible
			 industrial or nonedible cosmetic oil, shall be considered nonfood/nonfeed
			 sites. If certain conditions are met as specified in this rule, a pesticide
			 residue tolerance is not required to obtain a pesticide registration on the
			 crop. These crops include, but are not limited to: [Table not included. See ED.
			 NOTE.]
(2) Certain crops which may
			 be grown for seed production, shall be considered food/feed sites, and not
			 eligible to obtain a nonfood/nonfeed status. These crops include, but are not
			 limited to: Cereal Grains: including barley, buckwheat, corn, millet, oats,
			 rye, sorghum, triticale, and wheat; Legume Vegetables (succulent and dried):
			 including all peas, beans, chickpeas, and lentils; canola (as defined in OAR
			 603-052-0860(a)); garlic; potatoes; pumpkins; sunflower.
(3) If the Department receives an application
			 for a FIFRA Section 24(c) registration or a FIFRA Section 18 authorization, and
			 the pesticide product is intended to be used on a seed crop not listed in (1)
			 or (2) above, additional information must be provided to the Department to
			 support a nonfood/nonfeed designation. The Department shall make or deny the
			 nonfood/nonfeed designation based upon evaluation of available
			 information.
(4) In order for a
			 pesticide product to be registered, labeled, distributed and used on a crop
			 grown exclusively for seed production, as identified in (1) above, the
			 following conditions must be met:
(a) The
			 seed conditioner shall maintain a record of each pesticide applied to the seed
			 crop for which there is no established pesticide residue tolerance. This record
			 shall include the date of each application.
(b) No seed produced in Oregon utilizing a
			 pesticide product for which there is no established pesticide residue tolerance
			 on the seed crop may be distributed for human or animal consumption.
(c) All screenings resulting from a seed crop
			 identified in (1) above shall be disposed of in such a manner that the
			 screenings cannot be distributed or used for food or feed purposes.
(d) No portion of the seed crop to which a
			 pesticide product having no established pesticide residue tolerance for the
			 seed crop has been applied shall be used or distributed for food or feed. This
			 restriction pertains to, but is not limited to, green chop, hay, pellets, meal,
			 whole seed, cracked seed, straw, roots, bulbs, foliage or seed screenings, and
			 to the grazing of the crop field, stubble or regrowth.
(e) The seed conditioner shall keep records
			 of all seed screening disposals for at least three years from the date of
			 disposal and shall furnish these records to the department upon
			 request.
(f) The disposal records
			 required in section (e) above shall consist of documentation verifying shipment
			 to the controlled site where disposal occurred, and shall identify each of the
			 following:
(A) The name, if applicable, and
			 location of the disposal site;
(B)
			 Method of disposal (i.e., burial, composting, or incineration);
(C) Amount and type of material disposed of;
			 and
(D) The date of shipment to the
			 disposal site.