Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 57 - PESTICIDE CONTROL › Section 603-057-0500 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS
				634.006 and OAR 603-057-0001,
				the following shall apply:
(1)
			 "Director" means the Director of the Department of Agriculture or the
			 Director's authorized deputies or officers.
(2) "Enforcement" means any documented action
			 taken by the Department to address a violation.
(3) "Flagrant" means any violation where the
			 Department has documented evidence that the respondent had actual knowledge of
			 the law and knowingly committed the violation.
(4) "Gravity of Effect" is the ranking of a
			 violation with respect to its effect, or potential effect, on the public
			 interests reflected in ORS 634. A violation is ranked as high, medium, or
			 low.
(5) "Gross negligence" means
			 an act or omission that does not reflect an exercise of reasonable care under
			 the circumstances and that is characterized by conscious indifference to or
			 reckless disregard of any purpose of the State Pesticide Control Act.
(6) "Injury" includes, but is not limited to,
			 adulteration.
(7) "Intentionally"
			 means the person acts, or fails to act, with a deliberate or an express
			 purpose. For instance, a person acts intentionally when the person either
			 consciously chooses not to determine whether a pesticide label authorizes use
			 of a pesticide on a particular crop, or when the person knows that a pesticide
			 label does not authorize use of the pesticide on a particular crop but still
			 chooses to apply the pesticide to the crop.
(8) "Knowingly" means the person acts, or
			 fails to act, with a practical understanding of, or a distinct skill in, the
			 general activity that was obtained through such means as instruction, study,
			 practice, or experience.
(9)
			 "Magnitude of Violation" is the categorization of a violation in relation to
			 other types of violations after considering its potential to affect the public
			 interests reflected in ORS 634. A violation is categorized as major, moderate,
			 or minor.
(10) "Person" includes
			 individuals, corporations, associations, firms, joint stock companies, public
			 and municipal corporations, political subdivisions of the state and any
			 agencies thereof, and the Federal Government and any agency thereof.
(11) "Violation" is an act or omission that
			 does not comply with a provision of ORS 634 that relates to pesticide
			 application, sale, or labeling.
(12) "Willfully" means the person acted, or
			 failed to act, after calculating and considering the potential effects and
			 consequences.
(13) "Willful
			 misconduct" means an act or omission that is characterized by or resulting from
			 calculation and consideration of effects and consequences, and with awareness
			 that the act or omission will be incompatible with any purpose of the State
			 Pesticide Control Act.
(14)
			 "School" has the meaning defined in ORS
			 634.700
Statutory/Other Authority: ORS 561, 634 &
				  183.335
Statutes/Other Implemented: ORS
				  183.745,
				  634.006,
				  634.306,
				  634.322,
				  634.372 &
				  634.900 -
				  634.915