74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 671
 
                         Senate Bill 237
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for State Department of Agriculture)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Increases maximum permissible fee paid by pesticide
manufacturer or distributor for annual registration of each
pesticide, formula or formulation.
 
                        A BILL FOR AN ACT
Relating to pesticides; amending ORS 634.016 and section 15,
  chapter 1059, Oregon Laws 1999.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 634.016 is amended to read:
  634.016. (1) Every pesticide, including each formula or
formulation, manufactured, compounded, delivered, distributed,
sold, offered or exposed for sale in this state shall be
registered each year with the State Department of Agriculture.
  (2) Every device  { - , - }  manufactured, delivered,
distributed, sold, offered or exposed for sale in this state
 { - , - }  shall be registered each year with the department.
  (3) The registration shall be made by the manufacturer or a
distributor of the pesticide.
  (4) The application for registration shall include:
  (a) The name and address of the registrant.
  (b) The name and address of the manufacturer if different than
the registrant.
  (c) The brand name or trademark of the pesticide.
  (d) A specimen or facsimile of the label of each pesticide, and
each formula or formulation, for which registration is sought,
except for annual renewals of the registration when the label
remains unchanged.
  (e) The correct name and total percentage of each active
ingredient.
  (f) The total percentage of inert ingredients.
  (5) The application for registration shall be accompanied by a
registration fee to be established by the department for each
pesticide  { - , - }  and each formula or formulation  { - ,
which shall not exceed $120 - }  { + . The registration fee may
not exceed $250 + } for each such pesticide, or each formula or
formulation.
 
  (6) The department, at the time of application for registration
of any pesticide or after a declaration of a ground water
management area under ORS 468.698 may:
  (a) Restrict or limit the manufacture, delivery, distribution,
sale or use of any pesticide in this state.
  (b) Refuse to register any pesticide which is highly toxic for
which there is no effective antidote under the conditions of use
for which such pesticide is intended or recommended.
  (c) Refuse to register any pesticide for use on a crop for
which no finite tolerances for residues of such pesticide have
been established by either the department or the federal
government.
  (d) In restricting the purposes for which pesticides may be
manufactured, delivered, distributed, sold or used, or in
refusing to register any pesticide, give consideration to:
  (A) The damage to health or life of humans or animals, or
detriment to the environment, which might result from the
distribution and use of such pesticide.
  (B) Authoritative findings and recommendations of agencies of
the federal government and of any advisory committee or group
established under ORS 634.306 (10).
  (C) The existence of an effective antidote under known
conditions of use for which the material is intended or
recommended.
  (D) Residual or delayed toxicity of the material.
  (E) The extent to which a pesticide or its carrying agent
simulates by appearance and may be mistaken for human food or
animal feed.
  (7) The provisions of this section shall not, except as
provided herein, apply to:
  (a) The use and purchase of pesticides by the federal
government or its agencies.
  (b) The sale or exchange of pesticides between manufacturers
and distributors.
  (c) Drugs, chemicals or other preparations sold or intended for
medicinal or toilet purposes or for use in the arts or sciences.
  (d) Common carriers, contract carriers or public warehousemen
delivering or storing pesticides, except as provided in ORS
634.322.
  SECTION 2. Section 15, chapter 1059, Oregon Laws 1999, as
amended by section 3, chapter 743, Oregon Laws 2005, is amended
to read:
   { +  Sec. 15. + }   { - Notwithstanding the maximum
registration fee established under ORS 634.016 (5), for the years
beginning January 1, 2002, and ending December 31, 2009: - }
    { - (1) The registration fee may not exceed $160 for each
pesticide, formula or formulation; and - }
    { - (2) - }  { +  The State Department of Agriculture may
use + } up to $40
  { - in registration fees for - }   { + of  + }each pesticide,
formula or formulation   { - may be used by the department for
the implementation of - }  { +  registration fee collected under
ORS 634.016 during the period beginning January 1, 2008, and
ending December 31, 2009, to implement + } the pesticide use
reporting system under sections 2 to 9, chapter 1059, Oregon Laws
1999, as long as the Legislative Assembly appropriates an
equivalent amount of moneys from the General Fund for the system.
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