68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 285

                         House Bill 3486

Sponsored by SPECIAL SESSION COMMITTEE ON GOVERNMENT AFFAIRS


                             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.

  Declares state preemption in field of pesticide sale and use.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to pesticides; creating new provisions; repealing ORS
  634.007, 634.009, 634.011, 634.013 and 634.015 and section 38,
  chapter 3, Oregon Laws 1995 (special session); and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 38, chapter 3, Oregon Laws 1995
(special session), is repealed and section 2 of this Act is
enacted in lieu thereof. + }
  SECTION 2.  { + Sections 4, 6, 8, 10 and 12 of this Act are
added to and made a part of ORS chapter 634. + }
  SECTION 3.  { + ORS 634.007 is repealed and section 4 of this
Act enacted in lieu thereof. + }
  SECTION 4.  { + The Legislative Assembly hereby determines that
the citizens of this state benefit from a system of safe,
effective and scientifically sound pesticide regulation. The
Legislative Assembly further finds that a uniform, statewide
system of pesticide regulation that is consistent, coordinated
and comports with both federal and state technical expertise is
essential to the public health, safety and welfare and that local
regulation of pesticides does not materially assist in achieving
these benefits. + }
  SECTION 5.  { + ORS 634.009 is repealed and section 6 of this
Act enacted in lieu thereof. + }
  SECTION 6.  { + No city, town, county or other political
subdivision of this state shall adopt or enforce any ordinance,
rule or regulation regarding pesticide sale or use, including but
not limited to:
  (1) Labeling;
  (2) Registration;
  (3) Notification of use;
  (4) Advertising and marketing;
  (5) Distribution;
  (6) Applicator training and certification;
  (7) Licensing;
  (8) Transportation;
  (9) Packaging;
  (10) Storage;
  (11) Disclosure of confidential information; or
  (12) Product composition. + }
  SECTION 7.  { + ORS 634.011 is repealed and section 8 of this
Act enacted in lieu thereof. + }
  SECTION 8.  { + Notwithstanding section 6 of this 1996 Act, a
city, town, county or other political subdivision of this state
may adopt a policy regarding the use of pesticides on property
owned by the city, town, county or other political subdivision
adopting the policy. + }
  SECTION 9.  { + ORS 634.013 is repealed and section 10 of this
Act enacted in lieu thereof. + }
  SECTION 10.  { + Nothing in section 6 of this 1996 Act shall
limit the authority of a city, town, county or other political
subdivision of this state to adopt or enforce a local ordinance,
rule or regulation strictly necessary to comply with:
  (1) The Uniform Building Code published by the International
Conference of Building Officials, as amended and adopted by the
Director of the Department of Consumer and Business Services;
  (2) A uniform fire code; or
  (3) Any requirement of a state or federal statute or regulation
pertaining to pesticides. + }
  SECTION 11.  { + ORS 634.015 is repealed and section 12 of this
Act enacted in lieu thereof. + }
  SECTION 12.  { + In administering this chapter, the State
Department of Agriculture shall consider any concern raised by a
city, town, county or other political subdivision of the state
regarding the regulation of pesticides. + }
  SECTION 13.  { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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