reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0415 - Conditions of Packaging

Current through Register Vol. 63, No. 7, July 1, 2024
The following conditions are considered as a minimum for
				packaging seed in hermetically sealed containers:
(1) A container shall not allow water vapor
			 penetration through any wall, including the wall seals, greater than 0.05 gram
			 of water per 24 hours per 100 square inches of surface at 100°F with a
			 relative humidity on one side of 90 percent and on the other of zero percent.
			 Water vapor penetration or WVP is measured by the standards of the U.S. Bureau
			 of Standards as:
gm. H20/24 hr./100 sq.in./100°F/90%RH V. 0% RH
(2) The percentage of moisture, on
			 a wet weight basis, of agricultural or vegetable seeds subject to the
			 provisions of this rule shall not exceed the following: Maximum Percent Seed
			 Moisture:
(a) Gramineae Family:
(A) Sweet corn -- 8.0;
(B) Kentucky bluegrass -- 8.0;
(C) Red Fescue -- 8.0;
(D) Perennial ryegrass -- 8.0.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0431 - Chemically Treated Seed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used
			 in this rule:
(a) "Treated seed" means
			 agricultural seed, including grain intended for planting purposes, and
			 vegetable seed, which have been injected, coated, sprayed or otherwise
			 intentionally exposed to a pesticide as defined in ORS
			 634.006(8);
(b) "Common name of the pesticide" means the
			 name or abbreviation of a name of the substance as it appears on the pesticide
			 label.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0500 - Purpose, Scope and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who violates any provision the
			 Oregon Seed Law or the terms or conditions of any final order issued by the
			 department under the Oregon Seed Law shall be subject to any penalty or
			 enforcement action allowable under the Oregon Seed Law, including, but not
			 necessarily limited to, a Notice of Violation, a Notice of Civil Penalty with a
			 civil penalty not to exceed $10,000 per violation, probation, and suspension or
			 revocation of their seed dealer's license. The department shall provide notice
			 and the right to contested case hearing in accordance with ORS
			 183.310 to ORS
			 183.550 for all final orders
			 issued under the Oregon Seed Law.
(2) The rules contained in chapter 603,
			 division 56 shall apply to all department action that is commenced after the
			 effective date of the rules. If the Department has commenced an action prior to
			 the effective date of these rules, but a final order has not yet been issued,
			 the rules in effect at the time of the commencement of the action will apply.
			 An action is commenced when the Department serves a Notice of Violation or
			 Notice of Civil Penalty or other order on a person.
Statutory/Other Authority: ORS
				  633.996
Statutes/Other Implemented: ORS
				  561.305 & Ors
				  633.996
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0510 - Enforcement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a
			 violation classified as Category I under OAR 603-056-0530, the Department may,
			 but is not required to, issue a Letter of Advisement. Failure to complete the
			 recommended corrective action within the specified time period or repeated
			 violations may result in the issuance of a Notice of Violation or Notice of
			 Civil Penalty.
(2) For a violation
			 classified as Category II under OAR 603-056-0530, the Department may, but is
			 not required to, issue a Letter of Advisement. Failure to complete the
			 recommended corrective action within the specified time period or repeated
			 violations may result in the issuance of a Notice of Imposition of Civil
			 Penalty. For repeat violations or violations committed willfully,
			 intentionally, or knowingly or for flagrant violations, the Department may
			 issue a Notice of Violation or Notice of Imposition of Civil Penalty without
			 first issuing a Letter of Advisement.
(3) For a violation classified as Category
			 III under OAR 603-056-0530, the Department may issue a Notice of Violation or a
			 Notice of Imposition of Civil Penalty.
(4) Notices of Violation and Notices of
			 Imposition of Civil Penalty shall be imposed as provided in ORS
			 183.745 and OAR 137-003-0501
			 through OAR 137-003-0700.
(5)
			 Notices of Violation and Notices of Imposition of Civil Penalties may also
			 include additional information deemed appropriate by the department, including
			 but not limited to the following:
(a) A
			 statement that the record of the proceeding to date, including information in
			 the Department's file or files on the subject of the contested case and all
			 materials submitted by a person, automatically become part of the contested
			 case record upon default for the purpose of proving a prima facie case;
			 and
(b) A statement that a
			 collaborative dispute resolution process is available if the person requests a
			 hearing as stated in the notice.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0520 - 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 603-056-0510(5)(f), or if a hearing is not held for
			 any reason, or after the hearing, a final order may be issued by the
			 Director.
(2) The final order shall
			 be signed by the Director.
(3) A
			 final order becomes final by operation of law or on appeal. A civil penalty
			 assessed must be paid within 10 days after the order becomes final. The order
			 may be recorded with the county clerk in any county of this state.
Statutory/Other Authority: ORS 561, 633 &
				  183.335
				  (5)
Statutes/Other Implemented: ORS
				  183.745 &
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0530 - Determination of Civil Penalty Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining the amount of a civil
			 penalty to be assessed for a violation, the Department shall calculate the
			 amount of the civil penalty using the following formula:
Total Civil Penalty Amount = B + 0.2 x B x (P + A + C + V),
				where:
(a) B = base penalty. The
			 department will determine B as follows:
(A)
			 Base Penalty for Class I (Major) violations = $5,000
(B) Base Penalty for Class II (Moderate)
			 violations = $2,000
(C) Base
			 Penalty for Class III (Minor) violations = $200
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0540 - Civil Penalties; Magnitude of Violation and Gravity of Circumstance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 calculating a civil penalty for a violation, the department will determine the
			 base penalty (B) by determining the magnitude of the violation as specified in
			 section (2) of this rule and the gravity of circumstance pertinent to the
			 violation as specified in section (3) of this rule.
(2) Magnitude of Violation: Violations are
			 categorized as to their magnitude of violation as follows:
(a) Category III (Minor) violations are as
			 follows:
(A) Selling, offering for sale, or
			 exposing for sale in the state of Oregon any agricultural or bulk flower seed
			 that is not labeled or is mislabeled as to the total percentage, by weight, of
			 inert matter.
(B) Selling, offering
			 for sale, or exposing for sale in the state of Oregon any agricultural or bulk
			 flower seed that is not labeled or is mislabeled with respect to the month and
			 year beyond which an inoculant, if shown in the labeling, is no longer claimed
			 to be effective.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS
				634.006, the following shall
				apply
(1) "Accident" means an
			 undesirable and unintended event, caused by the use or application of
			 pesticides, that adversely affects the environment.
(2) "Compatibility" means the properties of a
			 pesticide that permit its use with other chemicals without undesirable results
			 being caused by such combination.
(3) "Competence" means the proficiency in the
			 performance of activities related to pesticide application, the degree of which
			 is directly related to the nature of such activities.
(4) "Common Exposure Route" means a likely
			 way (oral, dermal, respiratory) by which a pesticide may enter an
			 organism.
(5) "Environment" means
			 water, air, land and plants, humans, or other animals living therein or
			 thereon, and the interrelationships existing among them.
(6) For the purpose of pesticide registration
			 as specified in ORS 634.016, "pesticide product"
			 means a pesticide readily distinguishable from any other pesticide by its
			 content, registration number assigned by the United States Environmental
			 Protection Agency, brand name, trade name, manufacturer, registrant, use as
			 specified in labeling, or other distinction, but not including size or quantity
			 of package.
(7) "Non-Target
			 Organism" means plant or animal life other than to which the pesticide is
			 applied or is intended to be applied.
(8) "Regulated Pest" means a specific
			 organism determined by the Department to be a pest requiring control, or
			 eradication in order to protect the environment.
(9) For the purposes of ORS
			 634.006(9)(c),
			 634.106(7),
			 634.126(1)(c),
			 603-057-0001(11), and 603-057-0127, the terms "direct charge of,"
			 "supervises," "direct supervision," or "supervision" means that:
(a) The supervisor of the person applying a
			 pesticide has determined that the person applying a pesticide has sufficient
			 knowledge and ability to safely apply the particular pesticide according to its
			 label directions and any other additional directions;
(b) The person applying a pesticide is
			 applying the particular pesticide under the instructions of their supervisor;
			 and
(c) The person applying a
			 pesticide is applying the pesticide in such proximity to their supervisor that
			 such supervisor is reasonably available for any needed consultation or further
			 direction, even though such supervisor is not physically present at the time or
			 place of the pesticide application.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0006 - Pesticide Registration Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The annual registration fee for each pesticide product for calendar year 2022
			 shall be $320.
(2) Beginning for
			 calendar year 2023 pesticide product registration, the annual nonrefundable
			 registration fee for each pesticide product shall be $360.
Statutory/Other Authority: ORS 634, HB 3549 (2015), HB 5002
				  (2015) & SB 5507 (2015)
Statutes/Other Implemented: ORS 634, HB 3549 (2015), HB 5002
				  (2015) & SB 5507 (2015)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0100 - License Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The following designated annual fees shall be applicable to
				each described license:
(1) Pesticide
			 Operator: $90 including one category; $15 for each additional category; and $20
			 for each additional category after license issued.
(2) Pesticide Applicator: $50 including one
			 category; $7.50 for each additional category; and $12.50 for each additional
			 category after license issued.
(3)
			 Pesticide Trainee or Apprentice: Same as pesticide applicators.
(4) Public Applicator, Trainee or Apprentice:
			 Same as pesticide applicators.
(5)
			 Pesticide Dealer: $75, with a separate license required for each sales outlet
			 or location.
(6) Pesticide
			 Consultant: $40.
Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS
				  634.116,
				  634.122,
				  634.126,
				  634.132 &
				  634.136
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0104 - Limitations on Pesticide Licensing Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
The licensing exemptions in ORS
				634.106(2) and
				634.106(5)-(7)
				do not apply to persons using pesticides classified as restricted use or highly
				toxic, as those terms are defined in ORS
				634.006.
Statutory/Other Authority: ORS
				  634.306(13)
Statutes/Other Implemented: ORS
				  634.106
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0102 - Pesticide Operator Financial Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in subsections (5) and (6) of ORS
				634.116, the following shall
				apply:
(1) Evidence of the issuance of
			 a public liability policy of insurance may be documented to the Department by a
			 pesticide operator either by furnishing a copy of said policy or furnishing a
			 certificate of insurance issued by the insurer. Should said policy be
			 subsequently endorsed or in any manner modified as to the protection offered
			 thereby, the Department shall be furnished a copy of the policy endorsement or
			 be furnished an additional certificate of insurance evidencing the
			 modifications.
(2) The public
			 liability policy of insurance may be limited to only injuries or damages caused
			 by the specific activities for which the pesticide operator is licensed. Should
			 the pesticide operator subsequently become licensed in additional categories of
			 activities, the pesticide operator shall furnish the Department the
			 documentation described in section (1) of this rule evidencing additional
			 protection for such additional categories.
(3) As provided in subsection (10) of ORS
			 634.116, a pesticide operator
			 engaged in the business of applying pesticides by aircraft may have his public
			 liability policy of insurance limited to the time period within which such
			 pesticide operator is actually engaged in the application of pesticides by
			 aircraft, subject to the following:
(a) The
			 Department is furnished the documentation required by section (1) of this rule;
			 and
(b) The public liability policy
			 of insurance identifies the specific aircraft to which it applies.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0106 - Immediately Supervised Pesticide Trainee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is herewith established a type of
			 pesticide trainee license and a type of public trainee license which shall bear
			 the designation "Immediately Supervised Trainee."
(2) An immediately supervised pesticide
			 trainee license may only be issued upon receipt by the department of:
(a) An appropriately completed license
			 application form; and
(b) Payment
			 of the appropriate fee.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0108 - Aerial Applications Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not spray or otherwise apply
			 a pesticide by aircraft unless the person is an individual that holds a valid
			 aerial pesticide applicator certificate issued by the Oregon Department of
			 Agriculture.
Aerial Pesticide Applicator
(2) An aerial pesticide applicator
			 certificate is a type of license.
(3) For 2016, an aerial pesticide applicator
			 certificate may only be issued to an individual upon receipt and approval by
			 the department of:
(a) An appropriately
			 completed license application form;
(b) Payment of the appropriate fee;
(c) Proof that the individual holds a valid
			 commercial pilot certificate for the type of aircraft to be used by the aerial
			 pesticide applicator in applying pesticides;
(d) Proof that the individual holds a valid
			 pesticide applicator, public applicator, or private applicator license or
			 certificate; and
(e) Proof, in the
			 form of a sworn statement or a declaration that the individual has either:
(A) At least fifty (50) hours of experience
			 as a licensed pesticide applicator, licensed public applicator or certified
			 licensed private applicator on flights conducted for the purpose of carrying
			 out spraying or otherwise applying pesticides by aircraft; or
(B) At least fifty (50) hours of flight
			 training experience as a licensed pesticide applicator, licensed public
			 applicator, or certified private applicator, or as a pesticide trainee or
			 public trainee under the supervision of a licensed pesticide applicator,
			 licensed public applicator, or certified licensed private applicator, on
			 flights conducted for the purpose of carrying out, or training to carry out,
			 spraying or otherwise applying pesticides by aircraft.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0110 - Pesticide Operator, Applicator, and Trainee Categories

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with subsection (2) of ORS
				634.306, the following
				categories of pesticide operators, pesticide applicators, pesticide trainees,
				public applicators, and public trainees are established with licenses (or
				certificates) to be issued for such categories, or any specific subcategories
				established by OAR 603-057-0115:
(1)
			 Agricultural Pest Control: This shall include pesticide operators, pesticide
			 applicators, pesticide trainees, public applicators, and public trainees who
			 use or supervise the use of pesticides in the production of agricultural crops
			 and livestock (including Christmas tree plantations and commercial nurseries),
			 or on agricultural lands, grasslands, or non-crop agricultural lands.
(2) Aquatic Pest Control: This shall include
			 pesticide operators, pesticide applicators, pesticide trainees, public
			 applicators, and public trainees who use or supervise the use of pesticides in
			 treating standing or running water.
(3) Demonstration and Research: This shall
			 include pesticide operators, pesticide applicators, pesticide trainees, public
			 applicators and public trainees who use or supervise the use of pesticides, or
			 of any substance or mixture of substances that is being evaluated for use as a
			 pesticide, for experiments or research such as for gathering data to satisfy
			 registration requirements of the United States Environmental Protection Agency
			 or of the department. The exemption provided manufacturers under subsection (1)
			 of ORS 634.106 only applies to
			 laboratory research. The uses included in this category must be:
(a) Authorized by an experimental use permit
			 issued by the United States Environmental Protection Agency;
(b) Authorized by an experimental use permit
			 issued by the department as provided in OAR 603-057-0160; or
(c) By a federal or state agency that is
			 exempt from obtaining an experimental use permit as provided in OAR
			 603-057-0160(2)(b).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0115 - Pesticide Operator, Applicator, and Trainee Subcategories

Current through Register Vol. 63, No. 7, July 1, 2024
The following subcategories of pesticide operators, pesticide
				applicators, pesticide trainees, public applicators, and public trainees are
				hereby established within the categories set forth in OAR 603-057-0110:
(1) Under "Agricultural Pest Control":
(a) Insecticide and Fungicide: This shall
			 include pesticide operators, pesticide applicators, pesticide trainees, public
			 applicators, and public trainees who use or supervise the use of insecticides,
			 fungicides, and/or nematicides in the production of agricultural crops, or on
			 agricultural lands, grasslands, and non-crop agricultural lands;
(b) Herbicides: This shall include pesticide
			 operators, pesticide applicators, pesticide trainees, public applicators, and
			 public trainees who use or supervise the use of herbicides in the production of
			 agricultural crops or on agricultural lands, grasslands, and non-crop
			 agricultural lands;
(c) Soil
			 Fumigation: This shall include pesticide operators, pesticide applicators,
			 pesticide trainees, public applicators, and public trainees who use or
			 supervise the use of soil applied fumigants in the production of agricultural
			 crops or on agricultural lands, grasslands, or non-crop agricultural
			 lands;
(d) Livestock Pest Control:
			 This shall include pesticide operators, pesticide applicators, pesticide
			 trainees, public applicators, and public trainees who use or supervise the use
			 of pesticides in agricultural areas for control or eradication of such
			 livestock pests as insects, mites and ticks;
(e) Vertebrate Pest Control: This shall
			 include pesticide operators, pesticide applicators, pesticide trainees, public
			 applicators, and public trainees who use or supervise the use of pesticides in
			 agricultural areas for control of vertebrate pests other than livestock
			 predators.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0120 - General Standards of Pesticide Applicator Competence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Competence in the use or handling of
			 pesticides shall be determined on the basis of written examinations which, in
			 addition to the requirements of OAR 603-057-0125, shall include the following
			 general standards:
(a) Comprehension of
			 labeling format, labeling terminology, and the labeled warnings and
			 instructions;
(b) Knowledge of
			 safety factors to be considered, including need and use of protective clothing,
			 first aid procedures in the event of accidents, symptoms of various pesticide
			 poisonings, and proper storage, transportation, handling, and disposal
			 methods;
(c) Knowledge of potential
			 consequences to the environment from the use or misuse of pesticides, as
			 influenced by climate, topography, vegetative buffers or other pesticide
			 practices directly relating to protection of water, and existence of plant
			 and/or animal life,;
(d) Methods to
			 minimize pesticide drift and off-target deposition of pesticides, including
			 nozzle selection, calibration, product formulation, product volatility, buffers
			 and barriers, adjuvants, precision application technology, and environmental
			 conditions (wind, inversion, temperature, etc.);
(e) Knowledge of methods of use or
			 application, including the various formulations (dust, wettable powder, etc.)
			 of pesticides, the compatibility of various pesticides, the types of
			 application equipment or devices, and the times when various pesticide
			 formulations or equipment would be appropriately used; and
(f) Knowledge and comprehension of existing
			 laws and rules governing pesticide use or application, including
			 classifications of various pesticides (highly toxic, restricted use, or
			 general).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0125 - Special Standards of Pesticide Applicator Competence

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements of OAR 603-057-0120, the
				written examination shall include the following applicable special standards
				for the category or subcategory indicated:
(1) "Regulatory Pest Control -- M-44 Device":
(a) Knowledge of the characteristics and
			 habits of predatory animals, and particularly coyotes;
(b) Knowledge of the toxicity levels of
			 sodium cyanide, the hazards in the use or application thereof, and the common
			 exposure routes thereof;
(c)
			 Knowledge of the common types of accidents associated with the use or
			 application of sodium cyanide in the quantities and forms utilized;
(d) Knowledge of precautions to be undertaken
			 to protect the applicator and the immediate environment and nontarget organisms
			 in the vicinity;
(e) Knowledge of
			 the effects of weather, terrain, soil, drainage, and other topographical or
			 climatic conditions that are associated with the use or application of sodium
			 cyanide in the prescribed manner for predator control;
(f) Knowledge of the operation, repair, and
			 maintenance procedures for the device known as the "M-44 spring loaded sodium
			 cyanide coyote control device," including placement and retrieval
			 thereof;
(g) Knowledge of the
			 departmental rules relating to the use of sodium cyanide and the above
			 described device, including the placement of adequate warning signs, the
			 keeping of records relating to pesticide device locations and numbers, and the
			 inventorying of numbers and species of animals eradicated.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0127 - Pesticide Apprentice Standards of Competence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may issue a pesticide
			 apprentice license for one licensing period, or portion thereof. The department
			 may issue the license to an applicant that is at least 18 years of age upon
			 receipt of:
(a) A license application form
			 that contains all of the information requested by the department;
(b) Payment of the appropriate fee;
			 and.
(c) Documentation that the
			 applicant successfully completed, within two years of the date of initial
			 application, a written examination developed and administered by the department
			 for the purpose of assuring that the applicant is competent in the use of
			 pesticides as a pesticide apprentice. The content of this examination shall
			 include the topics listed in OAR 603-057-0129(1)(a) through (e). Successful
			 completion of the examination shall require answering at least 70 percent of
			 the examination questions correctly.
(d) A pesticide apprentice license shall
			 expire on December 31 of the year of issuance, or the following year if issued
			 a license for two consecutive years.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0130 - Applicator's Records and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to subsection (13) of ORS
			 634.116, a public applicator
			 shall prepare and maintain the records, and submit the reports, required of
			 pesticide operators by 634.146.
(2)
			 A pesticide applicator shall prepare and maintain the records, and submit the
			 reports, required of pesticide operators by ORS
			 634.146 if the employer of such
			 applicator is not a pesticide operator (greenskeepers, etc.).
(3) A pesticide applicator and public
			 applicator shall include their full name and pesticide applicator license
			 number legibly on the records required by ORS
			 634.116 and
			 634.146.
(4) If a pesticide application is conducted
			 by a Pesticide Apprentice or an Immediately Supervised Pesticide Trainee, then
			 the names and pesticide license numbers of both the Pesticide Apprentice or
			 Immediately Supervised Pesticide Trainee and their supervising applicator must
			 be included legibly on the record.
Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS
				  634.146
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0135 - Private Applicator Standards of Competence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in ORS
			 634.142, competence of a private
			 applicator in the use or handling of pesticides shall be determined on the
			 basis of a written examination and evidenced by the issuance of a
			 certificate.
(2) A private
			 applicator certificate shall be valid for a period of up to five calendar years
			 from its issuance and expire on December 31 of the fifth year.
(3) An applicant for a private applicator's
			 initial certificate or for a private applicator's renewal shall be required to
			 successfully complete the written examination then in use for certification of
			 private applicators. Successful completion of the written examination shall
			 consist of correctly responding to at least 70 percent of the questions
			 contained in the examination.
(4)
			 In lieu of the written re-examination requirement of section (3) of this rule,
			 an applicant for renewal of a private applicator certificate may attend
			 pesticide training sessions approved by the Department, totaling 16 hours of
			 Department approved pesticide use related instruction, during the period
			 preceding the expiration of his/her certificate as follows:
(a) An individual shall be required to attend
			 the core pesticide training session and accumulate twelve additional units of
			 Department approved pesticide training;
(b) Not more than eight units of Department
			 approved pesticide training may be accumulated for recertification during a
			 single 12-month period (January-December);
(c) Credit for attending core pesticide
			 training can only be obtained twice during the five year certification period.
			 The second core pesticide training session attended will be credited toward the
			 twelve additional units of Department approved pesticide training required for
			 recertification; and
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0140 - Pesticide Dealer Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 provided in subsections (6) and (7) of ORS
			 634.322, a pesticide dealer
			 shall prepare and maintain records of his sales of restricted-use and highly
			 toxic pesticides for a period of three years. Such records shall include:
(a) The names and addresses of the purchasers
			 of such pesticides, and the license or certificate numbers of the
			 purchasers;
(b) The date of
			 sale;
(c) The trade name (and the
			 formulation if applicable) of such pesticides;
(d) The quantity of each sale of such
			 pesticides.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0150 - Alternative Requirements for Competence of Pesticide Applicator or Consultant License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
In lieu of the written re-examination requirements of OAR
				603-057-0120(3) or of 603-057-0145(4), an applicant for renewal of either a
				pesticide applicator's license or a pesticide consultant's license may
				accumulate at least 40 credits by attending pesticide-instructional sessions,
				accredited by the Department, during the five-year period preceding the year in
				which the written re-examination would be required, in accordance with the
				following:
(1) Not more than 15
			 credits may be accumulated for recertification purposes by an applicant during
			 any one calendar year.
(2) In the
			 event a pesticide instructional session is desired to be considered for
			 accreditation by an applicant, such applicant shall submit to the Department,
			 or person authorized by the Department, a written request for accreditation not
			 less than 30 days prior to the scheduled session, which written request shall
			 include the agenda and summary of each topic/presentation of the session, the
			 session sponsor, the name and address of the session sponsor, and the time and
			 place of such session. Upon receipt of such written request, the Department, in
			 consultation with Oregon State University, shall evaluate the instructional
			 value of the session and either deny accreditation or assign credits to the
			 entire session or any portion thereof in a range from 1 to 15, assigning no
			 more than one credit for each 50 to 60 minute period of instruction. No such
			 instructional sessions shall be considered for accreditation that is less than
			 two credit hours in length except for computer based trainings as approved by
			 the Department. In the event an instructional session is accredited, the
			 Department shall provide the session instructor or sponsor with attendance
			 certificates to be completed by such instructor or sponsor and returned by the
			 applicants to the Department within 15 days after the session is completed.
			 Under exceptional circumstances, as described in writing by an applicant, a
			 written request for accreditation submitted later than 30 days prior to the
			 scheduled session may be assigned credits in accordance with the provisions of
			 this rule. Falsification of any part of such attendance certificate shall be
			 considered grounds for license revocation proceedings by the
			 Department.
(3) This section shall
			 not apply to persons licensed to use the livestock protection collar in Oregon,
			 in accordance with OAR-603-057-0120(3).
Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS
				  634.306(5)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0160 - Pesticide Use for Experimental or Research Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use of any substance or combination of
			 substances as a pesticide with the intent of gathering data needed to satisfy
			 pesticide registration requirements of the United States Environmental
			 Protection Agency (EPA) or of the department shall be considered pesticide use
			 for experimental or research purposes.
(a) An
			 experimental use permit that is issued by the department constitutes the
			 approval required by ORS
			 634.022(2).
(b) The permit requirement in this section is
			 in addition to pesticide licensing requirements.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0180 - Pesticide License Equivalency Provision

Current through Register Vol. 63, No. 7, July 1, 2024
A pesticide applicator or public pesticide applicator licensed
				pursuant to ORS 634.122 in the subcategory
				Agriculture-Herbicide, or in the subcategory Agriculture-Insecticide/Fungicide,
				or in the category Forest Pest Control, shall be eligible to be licensed as a
				Private applicator to purchase, use, and/or supervise the use of any pesticide,
				classified by the department as a restricted-use or highly toxic pesticide, for
				the purpose of producing agricultural commodities or forest crops on land owned
				or leased by the licensee or licensee's immediate employer. An application and
				fee payment for such Private applicator license must be made separately from
				the application and fee payment for the pesticide applicator or public
				pesticide applicator license. The certification date of the Private Applicator
				license will be consistent with that of the pesticide applicator or public
				pesticide applicator license.
Statutory/Other Authority: ORS 634
Statutes/Other Implemented: ORS
				  634
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0190 - License Equivalency Provision for Noncommercial Pesticide Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 634.006(12), an
			 appropriately licensed commercial applicator is not required to additionally
			 obtain and maintain a noncommercial applicator license to use, apply, or
			 supervise the use of restricted-use or highly toxic pesticides to land or
			 property owned or leased by the licensed commercial pesticide applicator or
			 their employer if all of the following conditions are met:
(a) The individual applies or otherwise uses
			 pesticides only in the license categories listed on the individual's commercial
			 applicator license;
(b) The
			 individual applies or otherwise uses pesticides only in the course of their
			 employment with a licensed pesticide operator; and
(c) The licensed pesticide operator prepares
			 and maintains the records, and submits the reports, required of pesticide
			 operators by ORS 634.146 and OAR
			 603-057-0130.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0200 - Limitations on Restricted Use Pesticides

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				634.322 and in addition to other
				provisions of ORS Chapter 634, the following limitations and procedures shall
				apply to the distribution and use of restricted use pesticides identified in
				OAR 603-057-0205:
(1) A restricted use
			 pesticide shall only be:
(a) Distributed for
			 use by and used by an appropriately licensed pesticide applicator, public
			 applicator or private applicator;
(b) Distributed or sold to users by an
			 appropriately licensed pesticide dealer.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0205 - Listing of Restricted Use Pesticides

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				634.006(22),
				634.306(4), and
				634.316, restricted-use
				pesticides shall include all of the following:
(1) Any pesticide active ingredient,
			 formulation, product or usage classified as restricted-use by the United States
			 Environmental Protection Agency, through administration of the Federal
			 Insecticide, Fungicide and Rodenticide Act, and identified in current Title 40,
			 Chapter 1, Sub-Chapter E, Part 152 of the Code of Federal
			 Regulations;
(2) Any pesticide
			 product having labeling which specifies the product as being restricted-use and
			 has been accepted by the department for the purpose of registration as provided
			 in ORS 634.016; or
(3) Any pesticide or device which the
			 department has found and determined to be so injurious or detrimental to
			 persons (including sensitive subgroups), pollinating insects, bees, animals,
			 crops, wildlife, land or environment, other than the pests it is intended to
			 prevent, destroy, control or mitigate, that additional restrictions are
			 required. In establishing and maintaining classifications of restricted-use
			 pesticides and devices, the department shall take into consideration:
(a) Laws and regulations of the federal
			 government, including the provisions of the Federal Insecticide, Fungicide and
			 Rodenticide Act,
			 7
			 U.S.C. 136 et seq., as amended, and the
			 Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973;
(b) Laws and regulations of other states;
			 and
(c) Advice and counsel of
			 experts in pesticides from industry, universities and colleges and other
			 governmental agencies or bodies, and of other stakeholders.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0216 - Pesticide Residue Tolerances in Foods

Current through Register Vol. 63, No. 7, July 1, 2024
The rules governing residue tolerances of pesticides permitted
				on raw agricultural products and the exemptions from such tolerances, adopted
				by the United States Environmental Protection Agency and in effect as of the
				effective date of this rule, are hereby adopted by the Department as the rules
				governing residue tolerances of pesticides permitted on raw agricultural
				products and exemptions from such tolerances in the State of Oregon. Said
				federal rules are set forth in
Title 40 Code of Federal Regulations
				(CFR)
,
Chapter 1
,
Part 180
.
Stat. Auth.: ORS 561 & 634
Stats. Implemented: ORS
				  634.306 &
				  634.042
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0301 - 2,4-D; High Volatile Esters

Current through Register Vol. 63, No. 7, July 1, 2024
The high volatile esters of 2,4-D (2,4-Dichlorophenoxyacetic
				acid), including the methyl, ethyl, propyl, butyl, and amyl esters thereof,
				shall be subject to the restrictions and conditions on the use or application
				thereof as set forth in OAR 603-057-0305 to 603-057-0320.
Stat. Auth.: ORS
				  561.190, ORS
				  634.306 & ORS
				  634.322
Stats. Implemented: ORS
				  634.306 & ORS
				  634.322
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0305 - Areas Affected

Current through Register Vol. 63, No. 7, July 1, 2024
All lands situated north of Interstate Highway 80N within the
				Counties of Morrow and Umatilla, excluding therefrom land presently subject to
				the East Umatilla Chemical Control District Order, shall be subject to the
				restrictions and limitations set forth in OAR 603-057-0305 to
				603-057-0320.
Stat. Auth.: ORS
				  561.190, ORS
				  634.306 & ORS
				  634.322
Stats. Implemented: ORS
				  634.306 & ORS
				  634.322
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0310 - Time Period

Current through Register Vol. 63, No. 7, July 1, 2024
The restrictions and conditions on the use or application of
				the high volatile esters of 2,4-D specified in OAR 603-057-0301 shall apply for
				the period of April 1 to September 1 of each year.
Stat. Auth.: ORS
				  561.190, ORS
				  634.306 & ORS
				  634.322
Stats. Implemented: ORS
				  634.306 & ORS
				  634.322
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0315 - Prohibited Acts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No landowner
			 shall use, apply, or cause to be applied, either by ground or aerial equipment,
			 2,4-D in the formulations described in OAR 603-057-0301 within the area
			 prescribed in 603-057-0305 or within the time period prescribed by
			 603-057-0310, without first having applied for and received a permit from the
			 Department as provided in 603-057-0320.
(2) No pesticide applicator, pesticide
			 trainee, public applicator, public trainee, or pesticide operator shall use,
			 apply, or cause to be applied, either by ground or aerial equipment, 2,4-D as
			 prescribed in section (1) of this rule without first having received a copy of
			 a valid permit from the landowner as provided in OAR 603-057-0320.
(3) No person shall violate the restrictions
			 or conditions of a permit issued under OAR 603-057-0320.
Statutory/Other Authority: ORS
				  561.190,
				  634.306 &
				  634.322
Statutes/Other Implemented: ORS
				  634.306 &
				  634.322
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0320 - Permits and Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application for a permit to use or apply 2,4-D, otherwise prohibited by the
			 provisions of OAR 603-057-0315, shall be made by a landowner to the Department
			 on forms prescribed by the Department or, should there be insufficient time to
			 utilize the United States mail, be made by a landowner by means of telegram or
			 telephone to the Department. The application shall contain the following:
(a) The name and address of the
			 landowner-applicant;
(b) The names
			 of any authorized agents of the landowner;
(c) The crops to which the pesticide is to be
			 applied;
(d) The amount of acreage
			 to which the pesticide will be applied and the location of such
			 acreage;
(e) The purpose for which
			 the pesticide is to be applied or used;
(f) The amount of the pesticide to be
			 applied, the common or chemical name of the pesticide, and the rate of
			 application per acre;
(g) The name
			 and address of any person other than the landowner intended to apply the
			 pesticide.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0325 - Sodium Cyanide and M-44 Device

Current through Register Vol. 63, No. 7, July 1, 2024
Sodium cyanide and the M-44 device shall be subject to the
				restrictions and conditions set forth in OAR 603-057-0335 to
				603-057-0350.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS
				  634.306(5)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0335 - Sodium Cyanide and M-44 Device; Restrictions on Use

Current through Register Vol. 63, No. 7, July 1, 2024
Only employees of the United States Department of Agriculture,
				Animal and Plant Health Inspection Service, Animal Damage Control, who are
				licensed as public applicators in the category specified in OAR
				603-057-0115(4)(a), shall be entitled to use sodium cyanide and the M-44 device
				for the control of coyotes and certain other wild canids.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS
				  634.306(13)
				  & ORS 634.322(6)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0350 - Sodium Cyanide and the M-44 Device; Records and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public
			 pesticide applicators using sodium cyanide and the M-44 device 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) Species and numbers of
			 animals eradicated, whether target or non-target, and the dates and locations
			 thereof;
(b) Numbers and locations
			 of devices emplaced, with dates of installations and retrievals;
(c) Numbers and locations of warning signs
			 posted;
(d) The name and address of
			 the person on whose property sodium cyanide and the M-44 device was used;
			 and
(e) The name and address of the
			 pesticide applicator.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0355 - Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sodium
			 fluoroacetate (Compound 1080) and the livestock protection collar shall be
			 subject to the restrictions and conditions set forth in OAR 603-057-0360 to
			 603-057-0375.
(2) Failure to comply
			 with the restrictions and conditions set forth in OAR 603-057-0360 to
			 603-057-0375, as determined by the Oregon Department of Agriculture, may be
			 used as a basis for one or more of the following actions:
(a) To revoke, suspend or refuse to issue or
			 renew the license or certification of an applicant, licensee or certificate
			 holder in accordance with ORS
			 634.322(4);
(b) To amend, suspend or revoke the
			 registration(s) pertaining to the livestock protection collar in accordance
			 with ORS 634.322(5);
(c) To impose a civil penalty, in accordance
			 with ORS 634.900;
(d) To 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 603-057-0365 - Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Registrant of Livestock Protection Collars

Current through Register Vol. 63, No. 7, July 1, 2024
Only the United States Department of Agriculture, Animal and
				Plant Health Inspection Service, Animal Damage Control may be the registrant of
				the livestock protection collar containing the active ingredient sodium
				fluoroacetate (Compound 1080).
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS
				  634.306(13)
				  & ORS 634.322(6)