71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2604
Sponsored by Representative JENSON; Representatives KRIEGER,
MORGAN, P SMITH, Senators FERRIOLI, NELSON (at the request of
County Commissioner Bill Hansell)
CHAPTER ................
AN ACT
Relating to pesticides; amending ORS 634.106, 634.116 and
634.372; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 634.106 is amended to read:
634.106. ORS 634.112 to 634.126 and 634.146 shall not apply to:
(1) Manufacturers of materials engaged in research or
experimental work on pesticides.
(2) Persons engaged in the business of a pesticide operator or
applicator only in the application of any pollenicide.
(3) Persons licensed as veterinarians under ORS chapter 686 who
are engaged in the practice of veterinary medicine within the
scope of their veterinary medicine practice and employees of
{ - such persons - } { + licensed veterinarians + } when
acting within the scope of their employment.
{ - (4) Except as otherwise provided in ORS 634.116: - }
{ - (a) Agencies, instrumentalities and political
subdivisions of the United States or the State of Oregon and
their officers, agents or employees acting within the scope of
their authority in the conduct of research of pesticides or in
the application of pesticides upon property owned or under the
control, supervision or jurisdiction of such agencies,
instrumentalities or political subdivisions; however, this
exemption shall not apply to pesticide operators applying
pesticides with power-driven application equipment or devices
under contract for such agencies, instrumentalities or political
subdivisions. - }
{ - (b) Counties, cities or municipal corporations which only
authorize or permit their employees and their pesticide equipment
to apply pesticides on property owned or under the control,
supervision or jurisdiction of each such governmental body, or in
enforcing or carrying out a law, ordinance, rule or order
relating to the application of pesticides for the purposes of
controlling or eradicating noxious weeds or pests. - }
{ - (5) - } { + (4) + } A farmer or forestland owner
applying pesticides, other than restricted-use { - or highly
toxic - } pesticides, by use of equipment of the farmer or
forestland owner for others on an occasional basis not amounting
to a principal or regular occupation, if the farmer does not
publicly hold out as a pesticide applicator and if the pesticides
Enrolled House Bill 2604 (HB 2604-B) Page 1
that are applied are furnished by the owner of the land on which
such pesticides are applied.
{ - (6) - } { + (5) + } Persons who do not advertise or
publicly hold themselves out as being in the business of applying
pesticides but whose main or principal work or business is the
maintenance of small or home lawns, shrubs or gardens.
{ - (7) - } { + (6) + } Persons who do not advertise or
publicly hold themselves out as being in the business of applying
pesticides and whose principal activity or business as related to
pesticides is selling pesticides or selling or leasing equipment.
{ - (8) - } { + (7) + } Railroads, to the extent that the
application of pesticides is by their regular employees, on land
or property under their ownership, supervision, control or
jurisdiction, except that if power-operated spray equipment is
used for applying volatile herbicides, { - such - } { +
the + } application shall be under the direct supervision of a
licensed public applicator.
SECTION 2. ORS 634.116 is amended to read:
634.116. (1) A pesticide operator's license, or supplements
thereto, shall authorize the licensee to engage in one or more of
the classes of pest control or pesticide application business
prescribed by the State Department of Agriculture under ORS
634.306 (2). { + The department may not issue a pesticide
operator license to the United States, the State of Oregon or
federal, state or local agencies, instrumentalities, political
subdivisions, counties, cities, towns, municipal corporations,
irrigation, drainage or other districts or other federal, state
or local governmental bodies. + }
(2) During a license period, and after a person has been issued
a license to engage in certain classes of pest control or
pesticide application business during a license period, the
department upon receiving an additional application and
applicable fees, may authorize the licensee to engage in
additional classes of pest control or pesticide application
business for the remainder of the license period as prescribed in
ORS 634.306 (2).
(3)(a) { + The department shall establish + } a pesticide
operator license fee { - shall be established by the
department - } not to exceed $90 for the first class of pest
control or pesticide application business as prescribed in ORS
634.306 (2) and not to exceed $15 for each additional class.
(b) After a person makes first application for a specific
license period, if later during the same license period the
person desires to engage in additional classes of pest control or
pesticide application businesses, such person shall pay the fee
for each additional class established by the department not to
exceed $20.
(4) At least one { - person who is - } owner or part owner
of the pest control or pesticide application business shall also
obtain and maintain a pesticide applicator's license if the
pesticide operator is a sole proprietorship or { - is - } a
partnership. At least one officer or { - one - } employee
shall { - also - } obtain and maintain a pesticide
applicator's license if the pesticide operator is a corporation.
{ - At any time there is a - } { + If a pesticide operator is
found to be in + } violation of this subsection, the pesticide
operator's license, notwithstanding { - the provisions of - }
ORS 183.310 to 183.550, { - shall be - } { + is + }
automatically suspended until
Enrolled House Bill 2604 (HB 2604-B) Page 2
{ - such time as - } the pesticide operator is in compliance.
If the business is owned by one individual, the department shall
make no charge for the pesticide applicator license issued to the
individual under ORS 634.122.
(5) The department shall not issue or renew a pesticide
operator's license until the applicant or licensee has furnished
evidence to the department, in the form of a public liability
policy issued by an insurance company qualified to do business in
Oregon, protecting the applicant or licensee against liability
for injury or death to persons and loss of or damage to property
resulting from the application of pesticides, or in lieu of
{ - such insurance - } { + a policy + }, has furnished a
deposit of cash, surety bond or other evidence of financial
responsibility acceptable to the department { - which - } { +
that + } may be applied by the department to the payment of
damages resulting from { - such - } { + operator + }
liability. However:
(a) Except as required under paragraph (b) of this subsection,
the financial responsibility required by this section shall not
apply to damages or injury to crops, real or personal property
being worked upon by the applicant.
(b) If the applicant or licensee is to be engaged in the
business of controlling or eradicating structural pests, or pests
within a public or private place, or pests within private or
public places where food is served, prepared or processed or
where persons are regularly housed, the financial responsibility
required by this section shall apply to damages or injury to real
or personal property being worked upon, as well as all the other
real and personal property set forth in this section.
(6) The financial responsibility required by subsection (5) of
this section { - shall be in the amount of - } { + must
be + } not less than $25,000 for bodily injury to one or more
persons and not less than $25,000 for property damage.
(7) Notwithstanding the provisions of ORS 183.310 to 183.550,
{ - at any time - } { + if + } the licensed pesticide
operator fails to maintain the financial responsibility required
by subsections (5) and (6) of this section, the license
{ - shall be - } { + is + } automatically suspended until the
department again verifies the pesticide operator is in compliance
with { - the provisions of such - } subsections { + (5) and
(6) + } of this section. The { + liability insurance company
shall notify the + } department { - shall be notified - } in
writing { - by the liability insurance company - } at least 30
days prior to any cancellation of an insurance policy required by
this section.
(8) Notwithstanding the provisions of ORS 105.810 and 105.815
or other laws to the contrary, the amount of damages for which a
pesticide operator or pesticide applicator is liable as a result
of use of pesticides, or financial responsibility for the same
{ - shall be - } { + is + } limited to actual damages only.
(9) { + The department shall return + } the deposit required
by subsection (5) of this section { - shall be returned - } to
the pesticide operator if the pesticide operator at any time
establishes exemption from the financial responsibility
requirements under this chapter. After the expiration of two
years from the date of an injury, death, loss or damage, { + the
department shall return + } any deposit remaining { - shall be
returned - } to the pesticide operator or to the personal
representative of the pesticide operator except that the
department shall not make
Enrolled House Bill 2604 (HB 2604-B) Page 3
{ - such - } { + a + } return if { - it - } { + the
department + } has received notice that an action for damages
arising out of the provisions of this section has been filed
against the pesticide operator for whom the deposit was made, and
the department has determined that { - such - } { + the + }
action is pending or that any judgment resulting from
{ - such - } { + the + } action remains unpaid.
(10) If the pesticide operator is to spray by aircraft, then
the department, in addition to other provisions of this section
relating to financial responsibility, may by { - regulation - }
{ + rule + } allow aircraft pesticide operators to reduce,
suspend or terminate the liability insurance, applicable to
spraying by aircraft, and required by subsections (5) and (6) of
this section during certain periods of the year.
(11) The department may by { - regulation - } { + rule + }
allow liability insurance policies required by subsections (5)
and (6) of this section to include deductible clauses of amounts
to be determined by the department.
(12) { + (a) + } The { + United States, the + } State of
Oregon or { - its - } { + federal, state or local + }
agencies, { + instrumentalities, political subdivisions,
+ }counties, cities, { + towns, + } municipal corporations,
{ + irrigation, drainage or other districts or + } other
{ + federal, state or local + } governmental bodies { - or
subdivisions thereof, irrigation districts, drainage districts,
public utilities and telecommunications utilities, shall not
be - } { + are not + } required to obtain a license as a
pesticide operator or to furnish evidence of financial
responsibility to the department { - , while - } { + when:
(A) + }Applying pesticides to { - land or - } property
under their ownership, { - supervision - }
{ + possession + }, control or jurisdiction { + ;
(B) Applying pesticides pursuant to an order issued by the
department for purposes of controlling or eradicating noxious
weeds or pests; or
(C) Applying pesticides to property under the ownership,
possession, control or jurisdiction of another federal, state or
local agency, instrumentality, political subdivision, county,
city, town, municipal corporation, irrigation, drainage or other
district or other federal, state or local governmental body if:
(i) The land is in a jurisdiction adjacent to property under
their ownership, possession, control or jurisdiction;
(ii) The application is done in conjunction with, or as an
extension of, an application of pesticides to property under
their ownership, possession, control or jurisdiction; and
(iii) The pesticide application is done on a cost recovery,
cooperative trade of services or no cost basis, and not as a
source for profit.
(b) A public utility or telecommunications utility is not
required to obtain a license as a pesticide operator or to
furnish evidence of financial responsibility to the department
when applying pesticides to property under the ownership,
possession or control of the utility + }.
(13) { + Subject to subsection (15) of this section, + } the
employees of the { - persons or - } agencies { + ,
instrumentalities, subdivisions, counties, cities, towns,
municipal corporations, districts, governmental bodies or
utilities + } described in subsection (12) of this section who
perform or carry out the work, duties or responsibilities of a
pesticide applicator are subject to the provisions of this
Enrolled House Bill 2604 (HB 2604-B) Page 4
chapter, except they shall be issued ' public applicator'
licenses or, if they carry out the work, duties or
responsibilities of a pesticide trainee, shall be issued ' public
trainee' certificates, if they otherwise comply or qualify with
the provisions of this chapter relating thereto.
(14) The public applicator license or public trainee
certificate { - , as the case may be, - } shall be:
(a) Issued by the department upon payment of the fee for
{ - a - } { + the + } pesticide applicator license or
pesticide trainee certificate { - , as the case may be - } .
(b) Valid and used by the licensee or certificate holder only
{ - while working for and employed by one of the persons,
agencies or others named in subsection (12) of this section on
land or property under the ownership, supervision or jurisdiction
thereof - } { + when applying pesticides as described in
subsection (12) of this section + }.
(c) Renewed, suspended or revoked each year in the same manner,
under the same provisions and at the same time as other pesticide
applicator licenses and trainee certificates are renewed,
suspended or revoked.
{ - (15) As to persons, public agencies or others described
in subsection (12) of this section, and subdivisions of
government and their employees, - }
{ + (15) + } The provisions of subsection (13) of this
section
{ - shall - } apply only to:
{ - (a) Application of pesticides by aerial spraying; or - }
{ - (b) The propelling through air by machine-powered devices
of spray or dust containing pesticides; and - }
{ - (c) Where such application is done by such persons or
agencies and their employees, such application shall be done
under the immediate supervision of a person holding a license as
a pesticide applicator or public applicator. - }
{ + (a) The application of restricted-use pesticides; or
(b) The application of any pesticide by using a machine-powered
device.
(16) Prior to applying pesticides to land described in
subsection (12)(a)(C) of this section, a public applicator shall
inform the person requesting pesticide application of the
possible availability of alternative sources of assistance,
including sources in the private sector that are registered with
the department or with industry trade or professional
organizations.
(17) A federal, state or local agency, instrumentality,
political subdivision, county, city, town, municipal corporation,
irrigation, drainage or other district or other federal, state or
local governmental body may not solicit or advertise for
pesticide application business in areas outside its
jurisdiction. + }
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.
Enrolled House Bill 2604 (HB 2604-B) Page 5
(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.
Enrolled House Bill 2604 (HB 2604-B) Page 6
(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
Enrolled House Bill 2604 (HB 2604-B) Page 7
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. + }
----------
Enrolled House Bill 2604 (HB 2604-B) Page 8
Passed by House February 26, 2001
Repassed by House May 17, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 15, 2001
...........................................................
President of Senate
Enrolled House Bill 2604 (HB 2604-B) Page 9
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2604 (HB 2604-B) Page 10