reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0375 - Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Records and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public
			 pesticide applicators using the livestock protection collar shall not be
			 required to keep records as specified in ORS
			 634.146 or OAR-603-057-0130, but
			 instead shall make and maintain records which contain but are not limited to
			 the following:
(a) The name and address of
			 the person on whose property the livestock protection collar was used and the
			 name and address of the public pesticide applicator;
(b) The location and size of agricultural or
			 rangeland areas (fields) in which the livestock protection collars containing
			 sodium fluoroacetate (Compound 1080) were used;
(c) The date each individual collar was
			 obtained by the applicator, placed on livestock, punctured or ruptured (along
			 with apparent cause), lost or unrecovered, or removed and put in
			 storage;
(d) The species, date, and
			 location of each animal found poisoned or suspected of having been poisoned as
			 a result of the use of Compound 1080 in livestock protection collars;
(e) A written description of any intensive
			 search for missing collars or poisoned animals conducted as specified in OAR
			 603-057-0360(3)(j) and (k).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0376 - Microencapsulated Methyl Parathion

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Microencapsulated methyl parathion shall be subject to the restrictions and
			 conditions on the use thereof as set forth in this rule.
(2) In recognition of the possible injurious
			 or adverse effects to bees from their exposure to miroencapsulated methyl
			 parathion, such insecticide:
(a) Shall not be
			 applied on any field crop having an average of five or more blooms per square
			 yard for the area to be sprayed;
(b) Shall not be applied to any corn crop
			 having ten percent or more of its plants with spike anthers;
(c) Shall not be applied on any orchard or
			 vineyard having an average of one or more open blooms per tree or vine (except
			 second bloom of pears); and
(d)
			 Shall not be applied on any field crop, orchard, vineyard, fence line, ditch
			 bank or edge of agricultural land, having an average of five or more weed
			 blooms per square yard.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0378 - Limitations on Pesticide Products Containing Clopyralid

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any application or use of a pesticide
			 product known to contain the active ingredient clopyralid to a location other
			 than an agricultural, forest, right-of way, golf course or cemetery site is
			 prohibited.
(2) For the application
			 or use of a pesticide product containing clopyralid on a site allowed under (1)
			 above, all applicable label instructions must be followed. Providing grass
			 clippings or other materials from a treated site for use in compost is
			 prohibited.
(3) Pesticide products
			 known to contain the active ingredient clopyralid and having product labeling
			 which authorizes application or use on an agricultural, forest, right-of way,
			 golf course or cemetery site, or on any other site, may be registered and
			 distributed during 2003. For 2004 and subsequent years, a pesticide product
			 known to contain the active ingredient clopyralid must satisfy one of the
			 following requirements in order to be registered:
(a) The label must specify that the product
			 may only be used on sites allowed by (1) above; or
(b) The label must clearly and prominently
			 display the following statement: "Use of this product in Oregon is limited to
			 the sites stated on this label which are agricultural, forest, right-of-way,
			 golf course or cemetery sites."
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0384 - Persistent, Bioaccumulative, and Toxic (PBT) Polutants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following pesticide active
			 ingredients, previously canceled by the United States Environmental Protection
			 Agency, have been designated as "high priority" persistant, bioaccumulative and
			 toxic pollutants (PBTs) by the Oregon Department of Environmental Quality:
(a) Aldrin;
(b) Chlordane;
(c) Dichlorodiphenyl trichloroethane (DDT),
			 DDD, DDE;
(d) Dieldrin ;
(e) Hexachlorobenzene;
(f) Mercury based pesticides including, but
			 not limited to, mercurous; chloride and mercuric chloride
(g) Mirex;
(h) Toxaphene.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0388 - Prohibits the Application of Four Neonicotinoid Insecticides

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 prohibited to apply any product containing dinotefuran, imidacloprid,
			 thiamethoxam, or clothianidin, regardless of application method, to linden
			 trees, basswood trees or other Tilia species.
(2) Failure to comply with section (1) above
			 may result in one or more of the following actions:
(a) Revocation, suspension or refusal to
			 issue or renew the license or certification of an applicant, licensee or
			 certificate holder;
(b) Imposition
			 of a civil penalty;
(c) Any other
			 enforcement action authorized under any law.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0392 - Limitations on Pesticide Products Containing Aminocyclopyrachlor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the other prohibitions stated in this rule, it is prohibited to apply any
			 product containing aminocyclopyrachlor on any of the following sites:
(a) Rights of way;
(b) Natural areas, such as wildlife
			 management areas, wildlife openings and wildlife habitats;
(c) Restoration areas, marshes, swamps, bogs
			 and wetlands; or
(d) Inner or outer
			 banks of ditches or canals.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0405 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
As specified by Oregon Laws 1999, Chapter 1059, Sections 2 to
				11, 15, 20, 21 and 22, each pesticide user must report to the Oregon Department
				of Agriculture the use of any pesticide product, as defined by ORS
				634.006(8)
				except antimicrobial pesticide products.
(1) "Pesticide user" means any person who
			 uses or applies a pesticide in the course of business or any other for-profit
			 enterprise, or for a governmental entity, or in a location that is intended for
			 public use or access (Chapter 1059, Oregon Laws 1999, Section 2).
(2) The Oregon Department of Agriculture
			 shall determine which pesticide products are antimicrobial, according to the
			 Federal Insecticide, Fungicide and Rodenticide Act,
			 7 U. S. C.
			 136(1) ( P.L. 92-516, as
			 amended). Antimicrobial products are substances or mixtures of substances used
			 to destroy or suppress the growth of harmful microorganisms, whether bacteria,
			 viruses, or fungi, on inanimate objects and surfaces. Types of antimicrobial
			 pesticides include disinfectants and sanitizers. These products are exempt from
			 reporting.
(3) Pesticide use
			 reporting shall be subject to the conditions set forth in OAR 603-057-0410.
			 Failure to comply with these conditions may be used as a basis for one or more
			 of the following actions:
(a) Revoke,
			 suspend, or refuse to renew the license or certificate of an applicant,
			 licensee or certificate holder in accordance with ORS
			 634.322(4);
(b) Initiate and pursue any other action of
			 an enforcement nature available through ORS 634.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0410 - Pesticide Users Required to Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All pesticide products used by each
			 pesticide user shall be reported at least once yearly to the Department. All
			 pesticide use in a given calendar year shall be reported no later than January
			 31 of the following calendar year. A pesticide user may report the use of
			 pesticide products on a more frequent basis if so selected by the pesticide
			 user. Each report will include the required pesticide use information for the
			 preceding specified period, or since the most recent filing of a pesticide use
			 report, whichever time period is shorter.
(2) No action specified in OAR
			 603-057-0405(3) shall be taken for failure to report pesticide use for calendar
			 year 2002, 2003, 2004, 2005, or 2006, or for any calendar year in which the
			 Department does not provide a fully effective means for pesticide users to
			 report pesticide use. Any pesticide use information obtained from pesticide
			 users by the Department, by any means, for calendar year 2002, 2003, 2004, 2005
			 or 2006 will not be maintained by the Department and will not be made available
			 to any person.
(3) Commercial
			 pesticide operators are required to file the pesticide use report when a
			 commercial pesticide operator uses a pesticide product in the course of
			 business.
(4) All agencies,
			 instrumentalities, subdivisions, counties, cities, towns, municipal
			 corporations, districts, governmental bodies, schools and utilities are
			 required to file the pesticide use report when a pesticide product is used by
			 their employees.
(5) Employers are
			 required to file the pesticide use report when an employee uses a pesticide
			 product as an employee in the scope of his or her employment.
(6) All other pesticide users, other than as
			 described in subsection (3), (4) or (5) of this section, using a pesticide
			 product, are required to file the pesticide use report.
(7) Reports of pesticide use shall be made to
			 the Department using forms or methods specified by the Department.
(8) A pesticide user may authorize another
			 person, or persons, to serve as his/her agent(s) or proxy(ies) in filing
			 pesticide use information with the Department.
Stat. Auth.: ORS 634,
				  561.190 & Ch. 1059 OL
				  1999
Stats. Implemented: Ch. 1059 OL
				  1999
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0411 - Pesticide User Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before filing pesticides use reports with the Department, each pesticide user
			 shall register with the Department. The Department will record the pesticide
			 user identification information identified below in a database separate from
			 the database used to record reported pesticides use information. The Department
			 will assign to each registered pesticide user a unique identification number.
			 The pesticide user shall use the assigned identification number when filing
			 pesticides use reports with the department.
(2) The following information regarding
			 identification of a pesticide user shall be provided to the Department for the
			 purpose of registering each pesticide user and assigning a unique
			 identification number to each pesticide user.
(a) Identification of the pesticide user
			 required to file the report, which shall be either:
(A) The name of the pesticide user;
			 or
(B) The name of the agency,
			 instrumentality, subdivision, county, city, town, municipal corporation,
			 district, governmental body, school or utility; or
(C) The name of the employer; or
(D) The name of the person using the
			 pesticide.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0412 - Pesticide Product Identification; Date of Use; Amount

Current through Register Vol. 63, No. 7, July 1, 2024
Each report of pesticide use shall include the following
				information regarding the identification and amount of pesticide product
				used:
(1) The name of the specific
			 pesticide product used.
(2) The
			 United States Environmental Protection Agency (EPA) registration number of the
			 specific pesticide product used, or, if the product does not have an EPA
			 registration number, the identification number assigned to the product by the
			 Department.
(3) The date the
			 pesticide product was used. If the product was used at a single site or type of
			 site having the same five digit zip code or third-level hydrologic unit
			 location on multiple days in a calendar month, only the date for the last day
			 of the use is to be reported.
(4)
			 The amount of the undiluted pesticide product used, including the appropriate
			 units of measure.
(5) If the
			 product is a "Ready to Use" product then the date of use is the day when the
			 product container is emptied or disposed, and the amount used is the total
			 amount stated on the label.
Stat. Auth.: ORS 634,
				  561.190 & Ch. 1059 OL
				  1999
Stats. Implemented: Ch. 1059 OL
				  1999
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0413 - Description of the Type of Site Where the Pesticide Was Used

Current through Register Vol. 63, No. 7, July 1, 2024
Each report of pesticide use shall include a general
				description of the type of site where the pesticide was used. Site descriptions
				must be chosen from the list of options developed by the Department. Site
				descriptions, at a minimum, will identify the major site at which the pesticide
				was applied. Major categories shall include, but not be limited to, the
				following:
(1) Agriculture. This shall
			 include the use of pesticides in the production of agricultural crops and
			 livestock (including Christmas tree plantations and commercial nurseries), or
			 on agricultural commodities before movement into channels of commerce, or on
			 agricultural lands, grasslands, or non-crop agricultural lands
(2) Aquatic. This shall include the use of
			 pesticides in treating standing or running water. Examples of sites include
			 irrigation ditch, lake, or river.
(3) Forestry. This shall include the use of
			 pesticides in the production of forest crops, or on forestry lands (not
			 including Christmas tree plantations or commercial nurseries).
(4) Public health and regulatory pest
			 control. This shall include the use of pesticides for the control of any pest
			 that may be deleterious to the public health, including mosquito and other
			 vector and regulatory pest control.
(5) Right-of-Way. This shall include the use
			 of pesticides in right-of-way areas. Examples of sites include irrigation ditch
			 banks, railroads, road shoulders, or utility lines.
(6) Research. This shall include the use of
			 one or more specific pesticides with the intent of gathering data needed to
			 satisfy registration requirements of the United States Environmental Protection
			 Agency. If the research is not conducted by a government agency, the pesticide
			 use shall be under the authority of an "experimental use permit" issued by the
			 United States Environmental Protection Agency or issued by the
			 Department.
(7) Urban, general
			 indoor sites. This shall include the use of pesticides inside dwellings,
			 non-agricultural buildings, establishments, institutions, schools and
			 commercial transportation vehicles. This shall also include the use of
			 pesticides on commodities, including agricultural commodities stored indoors
			 that have entered into channels of commerce, including commercial warehouses
			 and commercial grain elevators.
(8)
			 Urban, general outdoor sites. This shall include the use of pesticides outside
			 dwellings, non-agricultural buildings, establishments, institutions, or schools
			 for ornamental and turf pest control, including parks, rest areas, and golf
			 courses. This shall also include the use of pesticides on commodities,
			 including agricultural commodities stored outdoors that have entered into
			 channels of commerce.
Stat. Auth.: ORS 634,
				  561.190 & Ch. 1059 OL
				  1999
Stats. Implemented: Ch. 1059 OL
				  1999
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0414 - Description of the Purpose of Pesticide Use

Current through Register Vol. 63, No. 7, July 1, 2024
Each report of pesticide use shall include a general
				description of the purpose for the pesticide use. The purpose for the use must
				be chosen from the list of options developed by the Department. The purpose
				description, at a minimum, will identify the most applicable major category
				description for the pesticide use. Major categories include, but are not
				limited to, the following:
(1) Weed
			 control;
(2) Insect
			 control;
(3) Disease
			 control;
(4) Rodent
			 control;
(5) Big game
			 repellant;
(6) Predator
			 control;
(7) Plant growth
			 regulation;
(8) Marine-fouling
			 organism control;
(9) Wood
			 preservation;
(10) Bird
			 control;
(11) Desiccation and
			 defoliation;
(12) Fish
			 control;
(13) Research;
			 and
(14) Slug
			 Control.
Stat. Auth.: ORS 634, ORS
				  561.190 & Ch. 1059 OL
				  1999
Stats. Implemented: Ch. 1059 OL
				  1999
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0415 - Location of Pesticide Use; Aggregation of Information

Current through Register Vol. 63, No. 7, July 1, 2024
Each report of pesticide use shall include the following
				information regarding the location of a pesticide use made by the pesticide
				user:
(1) For uses made to a site in
			 an urban area as defined in OAR603-057-0405(9), the location shall be reported
			 by identifying the five-digit zip code for the site.
(2) For uses made to any site not in an urban
			 area as defined in OAR 603-057-0405(9), the location shall be reported by
			 identifying the third-level hydrologic unit for the site.
Stat. Auth.: ORS 634,
				  561.190 & Ch. 1059 OL
				  1999
Stats. Implemented: Ch. 1059 OL
				  1999
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0416 - Reports of Pesticide Use for Research

Current through Register Vol. 63, No. 7, July 1, 2024
If the description of pesticide use is "Research" as specified
				in OAR 603-057-0413(6), then each report of pesticide use shall include the
				following information:
(1)
			 Identification of the pesticide user filing the report, including the
			 information required in OAR 603-057-0411.
(2) The name of the specific pesticide
			 product used.
(3) The United States
			 Environmental Protection Agency (EPA) registration number of the specific
			 pesticide product used, or, if the product does not have an EPA registration
			 number, the identification number assigned to the product by the Department or
			 the identification number of the product recognized by the
			 Department.
(4) The identification
			 of the purpose of the pesticide use shall be reported as research.
(5) The description of the site at which the
			 pesticide product was used shall be reported as research.
(6) The location at which the pesticide
			 product was used shall be reported by identifying the third-level hydrologic
			 unit for the site.
(7) The date the
			 pesticide product was used shall be reported as the last day of the calendar
			 month of the use.
(8) The amount of
			 the undiluted pesticide product used in the calendar month, including the
			 appropriate units of measure.
Stat. Auth.: ORS 634,
				  561.190 & Ch. 1059 OL
				  1999
Stats. Implemented: Ch. 1059 OL
				  1999
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0417 - Access to Reported Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Some information reported to the Department by pesticide users is prohibited
			 from release to the public according to Oregon Laws 1999, Chapter 1059.
			 Information that would reveal the identity of the owner or lessee or the
			 specific location of property where a person has applied a pesticide is
			 prohibited from public release.
(2)
			 Pesticide use information reported under Oregon Laws 1999, Chapter 1059 may be
			 released to certain persons, provided those persons maintain the
			 confidentiality of any information that is required to be treated as
			 confidential. Persons who may receive this information are limited to the
			 following;
(a) Staff of the Department or
			 other federal or state agency which require the information as part of an
			 investigation conducted under provision of law; or
(b) A federal, state or local agency;
			 or
(c) A health or environmental
			 researcher, acting in an official capacity from an accredited university or
			 accepted research institute.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0418 - Requests for Pesticide Use Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency seeking confidential
			 information shall make a formal written request to the Department that shall:
(a) Identify the requesting agency.
(b) Identify the Principal Investigator for
			 the agency.
(c) Describe the
			 information sought.
(d) Explain the
			 reason for requesting the information, including the use that will be made of
			 the requested information.
(e)
			 Include a completed and signed confidentiality agreement prepared by the
			 Department.
(f) Identify each
			 person having access to the information, and the position of each person within
			 the agency.
(g) Identify the person
			 responsible for maintaining the security of the information.
(h) Explain the procedures by which the
			 requesting agency will assure the confidentiality of the information.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0420 - Civil Penalty Determination for Failure to Comply with Confidentiality Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
When the Department has determined that a violation of
				603-057-0417 has occurred the Director shall calculate the amount of the civil
				penalty to be assessed utilizing the formula: BN+(0.1xBN) (T+D) = Penalty
				Amount where:
(1) B = Base fine, the
			 primary fine for violating the confidentiality agreement. This base amount is
			 set at $2,000
(2) N = Number of
			 times, including the current violative act, that the person has been determined
			 by the Department to have committed this violative act.
(3) T = Preventability of violation and
			 whether negligence or misconduct was involved. T will be weighted from 0 to 7
			 in the following way:
(a) 0 = information is
			 insufficient to make any finding;
(b) 3 = the person's actions determined to be
			 violative were reasonably avoidable;
(c) 7 = the person's actions determined to be
			 violative were flagrant.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0425 - Household Pesticide Use Information

Current through Register Vol. 63, No. 7, July 1, 2024
According to Chapter 1059, Oregon Laws 1999, Section 4 (5), the
				Department is to develop a mechanism(s) to identify the use of pesticides by
				households. The following rules shall apply;
(1) The Department shall utilize a survey.
			 Such a survey shall have the following characteristics:
(a) Be statistically valid such that
			 information obtained from participating households can be used to accurately
			 estimate pesticide use by all households;
(b) Gathers information similar in content to
			 information reported by pesticide users; and
(c) Includes the entire state.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0505 - Consolidation of Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding that each and every violation is a separate and
				distinct act and in cases of continuing violations, each day's continuance is a
				separate and distinct violation, proceedings for the assessment of multiple
				civil penalties for multiple violations against a person may be consolidated
				into a single proceeding.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS
				  634.306
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0510 - Notice of Violation, Notice of Assessment of Civil Penalties, and Notice of Contested Case Rights and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director may determine that a person
			 violated a provision of ORS 634 and decide to not impose a civil penalty. In
			 such circumstances, the Director will issue a written Notice of Violation. The
			 Notice of Violation shall inform a person of the existence of a violation and
			 the consequences of non-compliance.
(2) The Director may determine that a person
			 violated a provision of ORS 634 relating to pesticide application, sale or
			 labeling, and decide to impose a civil penalty. In such circumstances, the
			 Director will issue a written Notice of Imposition of Civil Penalty. The Notice
			 of Imposition of Civil Penalty will inform the person of the existence of a
			 violation, state the amount of the penalty imposed for the violation, and
			 summarize how the penalty was calculated.
(3) Notices of Violation and Notices of
			 Imposition of Civil Penalties shall be served by registered or certified
			 mail.
(4) Notices of Violation and
			 Notices of Imposition of Civil Penalties shall include, but not be limited to:
(a) A caption with the name of the Department
			 and with the name of the person to whom the notice is issued;
(b) A reference to the particular sections of
			 the statutes and administrative rules involved;
(c) A short and plain statement of the
			 matters asserted or charged;
(d) A
			 statement of the person's right to be represented by counsel and that legal aid
			 organizations may be able to assist a person with limited financial
			 resources;
(e) A statement of the
			 person's right to request a hearing;
(f) A statement of the procedure to request a
			 hearing, including but not limited to the following;
(A) Any request for hearing must be in
			 writing;
(B) Any request for
			 hearing must be received by the Department within ten (10) business days of the
			 date the Department mailed the notice; and
(C) The address to which a request for
			 hearing must be sent;
(g)
			 A statement that if a request for hearing is not received by the Department
			 within the time stated in the notice the person will have waived the right to a
			 contested case hearing;
(h) A
			 statement of the authority and jurisdiction under which a hearing will be held
			 on the matters asserted or charged;
(i) A statement that if the person requests a
			 hearing a Notice of Contested Case Rights and Procedures will be provided
			 before any hearing;
(j) A statement
			 indicating whether and under what circumstances an order by default may be
			 entered, including but not limited to, that the notice becomes a final order
			 unless the person makes a timely written request for a hearing; and
(k) Other information required by
			 law.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0520 - Entry of Order and Appeal Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a person, having been served a Notice
			 of Violation or a Notice of Imposition of Civil Penalty, fails to request a
			 hearing as specified in OAR 603-057-0510(4)(f), or if a hearing is not held for
			 any reason, or if after the hearing the person is found to be in violation, an
			 order may be issued by the Director. If a Notice of Imposition of Civil Penalty
			 was served, the order may assess a civil penalty.
(2) The order shall be signed by the
			 Director.
(3) The order, if not
			 appealed as provided in ORS
			 183.480 to
			 183.497 or if sustained on
			 appeal, shall constitute a judgment. If any civil penalty has not been paid
			 when due and payable, the order may be recorded with the county clerk in any
			 county of this state. The clerk shall record the name of the person incurring
			 the penalty and the amount of the penalty in the County Clerk Lien Record.
			 Recording the order has the effects provided for in ORS
			 205.125 and
			 205.126, including but not
			 limited to the effect of becoming a lien upon the title of any interest in real
			 property located in that county and owned by the person. The Department may
			 enforce the order as provided in ORS
			 205.125 and
			 205.126, bring an action in a
			 court of this state to recover the civil penalty, or take any other action
			 authorized by law to enforce the order.
Stat. Auth.: ORS 561, 634 &
				  183.335(5)
Stats. Implemented: ORS
				  183.745,
				  634.006,
				  634.306,
				  634.322,
				  634.372,
				  634.900 -
				  634.915
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0525 - Civil Penalties; Magnitude of Violation and Gravity of Effect

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 will consider the magnitude of the violation and its gravity of effect when
			 calculating a civil penalty for a violation.
(a) Determine the magnitude of the violation
			 as specified in subsection (2) of this section.
(b) Determine the gravity of effect pertinent
			 to the violation as specified in subsection (3) of this section.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0532 - Civil Penalty For A Violation Resulting From Gross Negligence or Willful Misconduct And On Or After June 25, 2007; Formula for Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Director determines that the violation resulted from gross negligence or
			 willful misconduct and that the violation occurred on or after June 25, 2007,
			 the Director will determine the amount of the civil penalty using this section.
			 To determine the amount of the civil penalty, calculate it utilizing the
			 formula: NB + [(.1 x NB) x (P + H + C)] = Penalty Amount where:
(a) N = the number of times, within a period
			 of three years prior to and including the date of the current violative act,
			 that the person has been determined by the Director to have committed that
			 violative act;
(b) B = the base
			 penalty determined using the following matrix: [Matrix not included. See ED.
			 NOTE.]
(A) The Magnitude of Violation is
			 determined according to OAR 603-057-0525(2).
(B) The Gravity of Effect is determined
			 according to OAR 603-057-0525(3).
(c) P = Past occurrence of unrelated
			 violations under ORS Chapter 634 for a period of three years prior to the date
			 of the current violative act. P will be weighted from O to 6 in the same manner
			 as described in OAR 603-057-0530(1)(c).
(d) H = History of the person in taking all
			 feasible steps or procedures necessary or appropriate to correct a violative
			 action. H will be weighted from -2 to 2 in the same manner as described in OAR
			 603-057-0530(1)(d).
(e) C =
			 Cooperativeness on the part of the person to assist the department in its
			 investigation and to the extent possible, rectify the violation. C will be
			 weighted from -2 to 2 in the same manner as described in OAR
			 603-057-0530(1)(f).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0545 - Limitations on Pesticide Products Containing Chlorphyrifos

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On and after
			 January 1, 2021, all products that contain any amount of chlorpyrifos
			 ("chlorpyrifos-containing products") are classified as restricted-use
			 pesticides.
(2) The use of
			 chlorpyrifos-containing products is limited as follows:
(a) Application of such products is
			 prohibited:
(A) For mosquito vector control
			 purposes;
(B) On turfgrass on golf
			 courses; and
(C) In an enclosed
			 space production structure as defined in
			 40 CFR §
											170.305, except when one of the following
			 conditions is met and maintained until the expiration of the minimum restricted
			 entry interval (REI):
(i) The structure has
			 open sidewalls and ridge or roof vents, in which the combined open vented area
			 is at least 40% of the floor area of the structure; or
(ii) The structure has at least 50% of the
			 total roof area open; or
(iii) The
			 structure has open end-walls and open sidewall vent areas, in which the
			 combined open vented area is at least 40% of the floor area of the
			 structure.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS
				633.006, and unless the context
				requires otherwise, the following shall apply to ORS
				633.015 to
				633.089 and OAR 603-058-0110 to
				603-058-0290:
(1) "Medicated Feed"
			 means a commercial feed in combination with a drug, as defined in subsection
			 (10) of ORS 633.006.
(2) "Director" means the Director of the
			 Oregon Department of Agriculture.
(3) "Consultant-Formulated" feed means
			 commercial feed manufactured for a final purchaser based upon formula and/or
			 specifications developed for the feed purchaser by an independent consultant or
			 feed manufacturer.
(4) "Independent
			 consultant" means any person who provides animal nutritional formulation to a
			 feed purchaser as a service rather than the sale of feed.
(5) Principal Display Panel means the
			 out-facing side of the feed tag, or if no tag, the part of the label that is
			 most likely to be displayed, presented, shown or examined under normal or
			 customary conditions of sale.
(6)
			 "Lot identifier" means a unique identifier for each lot, batch or production
			 run that enables the manufacturer to accurately trace the complete
			 manufacturing and distribution history of the product. A lot identifier is an
			 individual lot, batch or production run number, code, date, or other suitable
			 identification applied to the label, container, or package. In the case of bulk
			 feed the lot identifier is on a label, invoice, or shipping document
			 accompanying the feed.
Stat. Auth.: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0115 - Ingredient Names

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS
				633.006 to
				633.089 &
				633.992 and OAR 603-058-110 to
				603-058-290 when required on the label the ingredient names shall be the common
				or usual name. It shall accurately identify or describe, in as simple and
				direct terms as possible, the basic nature of the ingredient or its
				characterizing properties. The name shall be uniform among all identical or
				similar ingredients and may not be confusingly similar to the name of any other
				ingredient that is not reasonably encompassed within the same name. Each
				ingredient shall be given its own common or usual name that states, in clear
				terms, what it is in a way that distinguishes it from other ingredients. Common
				or usual names shall be:
(1) As listed
			 in chapter 6 of the 2023 edition of the Official Publication of the Association
			 of American Feed Control Officials (AAFCO), or
(2) As listed in the Code of Federal
			 Regulations, Title 21 effective as of the date these rules are promulgated,
			 or
(3) Common foods marketed prior
			 to 1958 which are commercially available and suitable for use in animal food
			 but are not defined by OAR 603-058-0116 (1), including but not limited to
			 certain whole seeds, vegetables, or fruits. Common food for animals may include
			 common human foods that are known to be safe for the intended use in animal
			 food.
Statutory/Other Authority: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Statutes/Other Implemented: ORS
				  663.067
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0116 - Ingredient Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS
				633.006 to
				633.089 &
				633.992 and OAR 603-058-110 to
				603-058-290 when required to conform with an ingredient definition the
				following definitions shall be used:
(1) As listed in chapter 6 of the 2023
			 edition of the Official Publication of the Association of American Feed Control
			 Officials (AAFCO), or
(2) As listed
			 in the Code of Federal Regulations, Title 21 effective as of the date these
			 rules are promulgated, or
(3) An
			 ingredient name and definition designated by the Department in OAR
			 603-058-0115.
Statutory/Other Authority: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Statutes/Other Implemented: ORS
				  663.067
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0117 - Feed Terms

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS
				633.006 to
				633.089 &
				633.992 and OAR 603-058-110 to
				603-058-290 the feed terms used in reference to commercial feed ingredients
				shall be those found in chapter 6 of the 2023 edition of the Official
				Publication of the Association of American Feed Control Officials
				(AAFCO).
Statutory/Other Authority: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Statutes/Other Implemented: ORS
				  663.067
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0120 - Label Format for Commercial Feeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commercial feed, other than custom mixed
			 feed, shall bear the information prescribed in this regulation on the label of
			 the product and in the following format:
(a)
			 Product name and brand name, if any, as stipulated in OAR
			 603-058-0130(1);
(b) If a drug is
			 used, label as stipulated in OAR 603-058-0130(2);
(c) Purpose statement as stipulated in OAR
			 603-058-0130(3);
(d) Guaranteed
			 analysis as stipulated in OAR 603-058-0130(4);
(e) Feed ingredients as stipulated in OAR
			 603-058-0130(5);
(f) Directions for
			 use and precautionary statements as stipulated in OAR
			 603-058-0130(6);
(g) Name and
			 principal mailing address and phone number of manufacturer or persons
			 responsible for distributing the feed as stipulated in OAR
			 603-058-0130(7);
(h) Quantity
			 statement as stipulated in OAR 603-058-0130(8);
(i) Lot Number as stipulated in OAR
			 603-058-0130(9).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0125 - Label Format for Custom Feeds

Current through Register Vol. 63, No. 7, July 1, 2024
Custom mixed feed shall be accompanied with the information
				prescribed in this regulation using labels, invoice, delivery ticket, or other
				shipping document bearing the following information:
(1) The name and address of the
			 manufacturer;
(2) The name and
			 address of the purchaser;
(3) The
			 date of sale or delivery;
(4) The
			 custom mixed feed name and brand name if any;
(5) If intended for Dairy or swine it shall
			 also bear the guaranteed analysis as stipulated in OAR
			 603-058-0130(4);
(6) The product
			 name and net quantity of each registered commercial feed and each other
			 ingredient used in the mixture;
(7)
			 The directions for use and precautionary statements as required by OAR
			 603-058-0130(6);
(8) If a drug
			 containing product is used:
(a) The Purpose
			 of the medication (claim Statement);
(b) The established name of each active drug
			 ingredient and the level of each drug used in the final mixture expressed in
			 accordance with OAR 603-058-0130(2). The statement: "This feed is formulated
			 for (insert name of final consumer). No resale to other users is
			 allowed."
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0140 - Expression of Guarantees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 guarantees for crude protein, equivalent crude protein from non-protein
			 nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber,
			 neutral detergent fiber, dietary starch, sugars, fructans and acid detergent
			 fiber shall be in terms of percentage.
(2) Mineral Guarantees:
(a) When the calcium, salt, and sodium
			 guarantees are given in the guaranteed analysis such shall be stated and
			 conform to the following:
(A) When the minimum
			 is below 2.5%, the maximum shall not exceed the minimum by more than 0.5
			 percentage points;
(B) When the
			 minimum is 2.5% but less than 5.0%, the maximum shall not exceed the minimum by
			 more than one percentage point;
(C)
			 When the minimum is above 5.0% or greater the maximum shall not exceed the
			 minimum by more than 20% of the minimum and in no case shall the maximum exceed
			 the minimum by more than five percentage points.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0150 - Substantiation of Nutritional Suitability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A commercial feed, other than custom
			 mixed feed, pursuant to ORS
			 633.055(1)
			 shall be nutritionally suitable for its intended purpose as represented by it's
			 labeling.
(2) If the Department has
			 reasonable cause to believe a commercial feed is not nutritionally suitable the
			 Department may request the feed manufacturer to either submit an "Affidavit of
			 Suitability" or an alternative procedure acceptable to the Department,
			 certifying the nutritional adequacy of the feed. The Affidavit of Suitability
			 or alternate procedure of suitability shall serve as substantiation of the
			 suitability of the feed.
(3) If the
			 feed manufacturer does not submit an Affidavit of Suitability, or alternate
			 procedure acceptable to the Department within 30 days of written notification
			 the Department may deem the feed adulterated under ORS
			 633.045 and order the feed to be
			 withdrawn from the market.
(4) The
			 Affidavit of Suitability shall contain the following information:
(a) The feed company's name;
(b) The feed's product name;
(c) The name and title of the affiant
			 submitting the document;
(d) A
			 statement that the affiant has knowledge of the nutritional content of the feed
			 and based on valid scientific evidence the feed is nutritionally adequate for
			 its intended purpose;
(e) The date
			 of submission; and
(f) The
			 notarized signature of the affiant.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0160 - Labeling as to Ingredients

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The name of each ingredient or collective term for the grouping of ingredients,
			 when required to be listed, shall be the name as defined in OAR
			 603-058-0115.
(2) The name of each
			 ingredient must be shown in letters or type of the same size.
(3) No reference to quality or grade of an
			 ingredient shall appear in the ingredient statement of a feed.
(4) The term "dehydrated" may precede the
			 name of any product that has been artificially dried.
(5) A single ingredient product is not
			 required to have an ingredient statement.
(6) Tentative definitions for ingredients
			 shall not be used until adopted as official, unless no official definition
			 exists.
(7) When the word "iodized"
			 is used in connection with a feed ingredient, the feed ingredient shall contain
			 not less than 0.007% iodine, uniformly distributed.
Statutory/Other Authority: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Statutes/Other Implemented: ORS
				  663.067
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0170 - Labeling as to Directions for Use and Precautionary Statements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Directions for
			 use and precautionary statements on the labeling of all commercial feeds and
			 custom mixed feeds containing additives (including drugs, special purpose
			 additives, or non-nutritive additives) shall:
(a) Be adequate to enable safe and effective
			 use for the intended purposes by users with no special knowledge of the purpose
			 and use of such articles; and
(b)
			 Include, but not be limited to, all information described by all applicable
			 regulations under the Federal Food, Drug and Cosmetic Act effective as of the
			 date these rules are promulgated.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0180 - Non-Protein Nitrogen

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Urea and
			 other non-protein nitrogen products are acceptable ingredients only in
			 commercial feeds for ruminant animals as a source of equivalent crude protein.
			 If the commercial feed contains more than 8.75% of equivalent crude protein
			 from all forms of non-protein nitrogen, added as such, exceeds one-third of the
			 total crude protein, the label shall bear adequate directions for the safe use
			 of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED." The
			 directions for use and the caution statement shall be in a type of such size so
			 placed on the label that they will be read and understood by ordinary persons
			 under customary conditions of purchase and use.
(2) Non-protein nitrogen ingredients, when so
			 indicated, are acceptable ingredients in commercial feeds distributed to
			 non-ruminant animals as a source of nutrients other than equivalent crude
			 protein. The maximum equivalent crude protein from non-protein nitrogen sources
			 when used in non-ruminant rations shall not exceed 1.25% of the total daily
			 ration.
(3) On labels such as those
			 for medicated feeds which bear adequate feeding directions and /or warning
			 statements, the presence of added non-protein nitrogen shall not require a
			 duplication of the feeding directions or the precautionary statements as long
			 as those statements include sufficient information to ensure the safe and
			 effective use of this product due to the presence of non-protein
			 nitrogen.
Statutory/Other Authority: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Statutes/Other Implemented: ORS
				  663.067