71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2604
 
LC 2246/HB 2604-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2604
 
            By COMMITTEE ON AGRICULTURE AND FORESTRY
 
                           February 21
 
  On page 1 of the printed bill, line 2, delete 'and 634.116 '
and insert ', 634.116 and 634.372; and declaring an emergency'.
  Delete lines 12 and 13.
  Delete lines 24 through 29.
  On page 2, delete lines 1 through 12.
  In line 13, delete '(5)' and insert '(4)' and delete 'or highly
toxic'.
  In line 18, delete '(6)' and insert '(5)'.
  In line 21, delete '(7)' and insert '(6)'.
  In line 24, delete '(8)' and insert '(7)'.
  On page 3, line 31, restore 'in writing'.
  On page 4, line 9, after 'The' insert 'United States, the' and
after 'or' insert 'federal,' and after the second ' state' insert
'or local'.
  In line 10, after the second 'other' insert 'federal,'.
  In line 25, after 'towns,' insert 'municipal' and after '
districts,' insert 'governmental'.
  In line 43, delete '(a)'.
  Delete lines 44 and 45 and delete page 5 and insert:
  ' (a) The application of restricted-use pesticides; or
  ' (b) The application of any pesticide by using a
machine-powered device.
  '  { +  SECTION 3. + } ORS 634.372 is amended to read:
  ' 634.372.   { - No - }  { +  A + } person   { - shall - }
 { +  may not + }:
  ' (1) Make false or misleading claims through any media,
relating to the effect of pesticides or application methods to be
utilized.
  ' (2) As a pesticide applicator or operator, intentionally or
willfully apply or use a worthless pesticide or any pesticide
inconsistent with its labeling, or as a pesticide consultant or
dealer, recommend or distribute such pesticides.
  ' (3) Operate a faulty or unsafe pesticide spray apparatus,
aircraft or other application device or equipment.
  ' (4) Perform pesticide application activities in a faulty,
careless or negligent manner.
  ' (5) Refuse or neglect to prepare and maintain records
required to be kept by the provisions of this chapter.
  ' (6) Make false, misleading or fraudulent records, reports or
application forms required by the provisions of this chapter.
  ' (7) Operate pesticide applicators' apparatus, machinery or
equipment without a licensed pesticide applicator or certified
private applicator performing the actual application, or
supervising such application if such is performed by a pesticide
trainee. This prohibition does not apply to the operation of
tractors, trucks or other vehicular equipment used only under the
supervision of a certified private applicator.
  ' (8) As a pesticide applicator, work or engage in the
application of any classes of pesticides without first obtaining
and maintaining a pesticide applicator's license, or apply
pesticides   { - which - }  { +  that + } are not specifically
authorized by such license.
  ' (9) As a pesticide operator, engage in the business of, or
represent or advertise as being in the business of, applying
pesticides upon the land or property of another, without first
obtaining and maintaining a pesticide operator's
license { + . + }   { - , nor shall such person - }  { +  The
operator also may not + } engage in a class of pesticide
application business   { - which - }  { +  that + } is not
specifically authorized by license issued by the State Department
of Agriculture.   { - Further, no such person shall - }  { +  The
operator also may not + } employ or use any person to apply or
spray pesticides who is not a licensed pesticide applicator or
pesticide trainee.
  ' (10) As a pesticide trainee, work or engage in the
application of any class of pesticides without first obtaining
and maintaining a pesticide trainee's certificate and is
otherwise in compliance with the provisions of this chapter.
  ' (11) Act as, or purport to be, a pesticide dealer or
advertise as such without first obtaining and maintaining a
pesticide dealer's license.
  ' (12) Act as, or purport to be, a pesticide consultant without
first obtaining and maintaining a pesticide consultant's license.
  ' (13) Apply any pesticide classified as a restricted-use or
highly toxic pesticide to agricultural, horticultural or forest
crops on land owned or leased by the person without first
obtaining and maintaining a private applicator certificate.
  ' (14) As a person described in ORS 634.106   { - (6) - }  { +
(5) + }, use power-driven pesticide application equipment or
devices (use hand or backpack types only), or use or apply any
pesticide other than those prescribed by the department.
  ' (15) Deliver, distribute, sell or offer for sale any
pesticide   { - which - }  { +  that + } is misbranded.
  ' (16) Formulate, deliver, distribute, sell or offer for sale
any pesticide   { - which - }  { +  that + } is adulterated.
  ' (17) Formulate, deliver, distribute, sell or offer for sale
any pesticide   { - which - }  { +  that  + }has not been
registered as required by ORS 634.016.
  ' (18) Formulate, deliver, distribute, sell or offer for sale
any powdered pesticide containing arsenic or any highly toxic
fluoride   { - which - }  { +  that + } is not distinctly
colored.
  ' (19) Distribute, sell or offer for sale any pesticide except
in the manufacturer's original unbroken package.
  ' (20) Make application of pesticides, by aircraft or
otherwise, within a protected or restricted area without first
obtaining a permit for such application from the committee of the
protected or restricted area in which the application is to be
made { + . + }   { - , nor shall such person - }  { +  The person
also may not + } make such application contrary to the conditions
or terms of the permit so issued.
  ' (21) Use isopropyl ester of 2,4-D, or any other ester of
equal or higher volatility with regard to plant damage as
determined by the department, without first obtaining a permit
for such use as provided in ORS 634.322 (10).
  ' (22) Sell, use or remove any pesticide or device subjected to
a 'stop sale, use or removal' order until the pesticide or device
has been released therefrom as provided in ORS 634.322 (3).
  ' (23) Fail to comply with any provision or requirement of
sections 2 to 9, chapter 1059, Oregon Laws 1999, or rules adopted
thereunder.
  '  { +  SECTION 4. + } ORS 634.372, as amended by section 18,
chapter 1059, Oregon Laws 1999, is amended to read:
  ' 634.372.   { - No - }  { +  A + } person   { - shall - }
 { +  may not + }:
 
  ' (1) Make false or misleading claims through any media,
relating to the effect of pesticides or application methods to be
utilized.
  ' (2) As a pesticide applicator or operator, intentionally or
willfully apply or use a worthless pesticide or any pesticide
inconsistent with its labeling, or as a pesticide consultant or
dealer, recommend or distribute such pesticides.
  ' (3) Operate a faulty or unsafe pesticide spray apparatus,
aircraft or other application device or equipment.
  ' (4) Perform pesticide application activities in a faulty,
careless or negligent manner.
  ' (5) Refuse or neglect to prepare and maintain records
required to be kept by the provisions of this chapter.
  ' (6) Make false, misleading or fraudulent records, reports or
application forms required by the provisions of this chapter.
  ' (7) Operate pesticide applicators' apparatus, machinery or
equipment without a licensed pesticide applicator or certified
private applicator performing the actual application, or
supervising such application if such is performed by a pesticide
trainee. This prohibition does not apply to the operation of
tractors, trucks or other vehicular equipment used only under the
supervision of a certified private applicator.
  ' (8) As a pesticide applicator, work or engage in the
application of any classes of pesticides without first obtaining
and maintaining a pesticide applicator's license, or apply
pesticides   { - which - }  { +  that + } are not specifically
authorized by such license.
  ' (9) As a pesticide operator, engage in the business of, or
represent or advertise as being in the business of, applying
pesticides upon the land or property of another, without first
obtaining and maintaining a pesticide operator's
license { + . + }  { - , nor shall such person - }  { +  The
operator also may not + } engage in a class of pesticide
application business   { - which - }  { +  that + } is not
specifically authorized by license issued by the State Department
of Agriculture.   { - Further, no such person shall - }  { +  The
operator also may not + } employ or use any person to apply or
spray pesticides who is not a licensed pesticide applicator or
pesticide trainee.
  ' (10) As a pesticide trainee, work or engage in the
application of any class of pesticides without first obtaining
and maintaining a pesticide trainee's certificate and is
otherwise in compliance with the provisions of this chapter.
  ' (11) Act as, or purport to be, a pesticide dealer or
advertise as such without first obtaining and maintaining a
pesticide dealer's license.
  ' (12) Act as, or purport to be, a pesticide consultant without
first obtaining and maintaining a pesticide consultant's license.
  ' (13) Apply any pesticide classified as a restricted-use or
highly toxic pesticide to agricultural, horticultural or forest
crops on land owned or leased by the person without first
obtaining and maintaining a private applicator certificate.
  ' (14) As a person described in ORS 634.106   { - (6) - }  { +
(5) + }, use power-driven pesticide application equipment or
devices (use hand or backpack types only), or use or apply any
pesticide other than those prescribed by the department.
  ' (15) Deliver, distribute, sell or offer for sale any
pesticide   { - which - }  { +  that + } is misbranded.
  ' (16) Formulate, deliver, distribute, sell or offer for sale
any pesticide   { - which - }  { +  that + } is adulterated.
  ' (17) Formulate, deliver, distribute, sell or offer for sale
any pesticide   { - which - }  { +  that + } has not been
registered as required by ORS 634.016.
  ' (18) Formulate, deliver, distribute, sell or offer for sale
any powdered pesticide containing arsenic or any highly toxic
 
fluoride   { - which - }  { +  that + } is not distinctly
colored.
  ' (19) Distribute, sell or offer for sale any pesticide except
in the manufacturer's original unbroken package.
  ' (20) Make application of pesticides, by aircraft or
otherwise, within a protected or restricted area without first
obtaining a permit for such application from the committee of the
protected or restricted area in which the application is to be
made { + . + }   { - , nor shall such person - }   { + The person
also may not + } make such application contrary to the conditions
or terms of the permit so issued.
  ' (21) Use isopropyl ester of 2,4-D, or any other ester of
equal or higher volatility with regard to plant damage as
determined by the department, without first obtaining a permit
for such use as provided in ORS 634.322 (10).
  ' (22) Sell, use or remove any pesticide or device subjected to
a 'stop sale, use or removal' order until the pesticide or device
has been released therefrom as provided in ORS 634.322 (3).
  '  { +  SECTION 5. + }  { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
                         ----------