Chapter 634 — Pesticide Control

2011 EDITION

PESTICIDE CONTROL

FOOD AND OTHER COMMODITIES

GENERAL PROVISIONS

634.005 Short title; policy statement

634.006 Definitions

REGISTRATION, LABELING AND USE

634.016 Registration of pesticides and application devices; fee; contents of application; restriction on pesticide distribution and use; exemptions

634.022 Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law

634.026 Pesticide labeling requirements; highly toxic pesticides; applicability of law

634.032 When pesticide is misbranded

634.036 When pesticide is adulterated

634.042 Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix

PESTICIDE USE REPORTING SYSTEM

(Temporary provisions relating to the pesticide use reporting system are compiled as notes following ORS 634.042)

STATEWIDE REGULATION OF PESTICIDES

634.055 Legislative findings

634.057 State preemption of local pesticide regulation

634.060 Actions allowed by city, town, county or other political subdivision

634.063 Exceptions to state preemption of pesticide regulation

634.065 Department consideration of concerns raised by city, town, county or political subdivision

LICENSING AND CERTIFICATION

634.106 Applicability of ORS 634.112 to 634.126 and 634.146

634.112 Renewal of licenses or certificates; delinquency

634.116 Pesticide operator license; authorized activities; fees; pesticide applicator license; liability insurance; limitation on damages; rules; exemptions

634.122 Applicator license; qualifications; examination; fee

634.126 Trainee certificate; renewal; fee

634.132 Consultant license; fee; qualifications; examination; applicability of law

634.136 Dealer license; fee; applicability of law

634.142 Private applicator certificate; standards; fee

634.146 Records required of operators; retention period; report to owner of treated field crops

LIABILITY CLAIMS PROCEDURE

634.172 Procedure for making liability claim against landowner or pesticide operator; investigation of report of loss; claim procedure not waiver of governmental immunity

PROTECTED AND RESTRICTED AREAS

634.206 Continuation of protected and restricted areas created by former law

634.212 Formation of protected areas; petition; filing fee; guidelines for determinations by director

634.216 Protected area as governmental subdivision upon completion of required filings

634.222 Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence

634.226 Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority

634.232 Restricted area formation; matters to be considered; additional area committee member

634.236 Increasing or decreasing size of protected area; consolidation of areas

634.242 Taxing power of area committee; limitation on amount of levy

ADMINISTRATION AND ENFORCEMENT

634.306 General duties and powers of department; rules

634.312 Department to develop programs for solution of pesticide and synthetic chemical problems

634.316 List of highly toxic and restricted-use pesticides

634.322 Enforcement powers of department

634.326 Use of moneys received by department

PROHIBITIONS

634.372 Prohibited acts

THIRAM STUDY AND RESTRICTIONS

634.410 Study of effects of thiram on health and safety; evaluation; report

634.415 Rules to insure adequate precautionary measures in use of thiram in reforestation

634.420 Limit on use of thiram; effect of study

634.425 Construction of ORS 634.410 to 634.425

TRIBUTYLTIN COMPOUNDS

634.500 Definitions for ORS 634.500 to 634.520

634.505 Prohibition against sale of compound that releases certain substances in water; exception

634.510 Conditions for sale

634.515 Sale by pesticide dealer; duties of customer

634.520 Report of sales to department

PESTICIDE ANALYTICAL RESPONSE CENTER

634.550 Center governing board; duties and powers

MINOR CROPS ADVISORY COMMITTEE

634.600 Committee members; appointment; compensation and expenses; duties

INTEGRATED PEST MANAGEMENT

(State Agencies)

634.650 Definitions for ORS 634.650 to 634.665

634.655 Policy

634.660 Agencies required to implement integrated pest management

634.665 Agencies to provide personnel training; appointment of coordinators; duties

(Schools)

634.700 Definitions for ORS 634.700 to 634.750

634.705 Adoption of integrated pest management plan and related provisions; exceptions; low-impact pesticide list

634.710 Plan selection

634.720 Plan coordinators

634.725 Application of low-impact pesticide

634.730 Reentry into sprayed area; exception; declaration of pest emergency

634.740 Written notice requirements; warning signs; failure to notify or warn

634.750 Pesticide application records

CIVIL PENALTIES

634.900 Penalty for certain violations; amount

634.905 When penalty payable; notice; hearing

634.910 Reduction of penalty; criteria

634.915 Schedule for penalty amounts; criteria; rules

634.925 Disposition of penalties collected

CRIMINAL PENALTIES

634.992 Criminal penalties

GENERAL PROVISIONS

634.005 Short title; policy statement. The purpose of this chapter, which shall be known as the State Pesticide Control Act and shall be enforced by the State Department of Agriculture, is to regulate in the public interest the formulation, distribution, storage, transportation, application and use of pesticides. Many materials have been discovered or synthesized which are necessary and valuable for the control of insects, plant diseases and weeds. Many more pesticides will be discovered and needed. Such materials, however, may injure health, property, wildlife or environment by being distributed, stored, transported, applied or used in an improper or careless manner. The pesticide industry of this state has achieved and maintained high standards in its formulation and use of pesticides while at the same time experiencing a minimum of injury to persons, property or the environment. Currently updating the law to maintain this achievement and to consider future new pesticides and problems is necessary for the protection of persons, property, wildlife and environment of this state. [Formerly 634.012]

634.006 Definitions. As used in this chapter unless the context requires otherwise:

(1) “Antidote” means a practical immediate treatment in case of poisoning and includes first-aid treatment.

(2) “Brand” or “trademark” means any word, name, symbol or any combination thereof adopted or used by a person to identify pesticides manufactured, compounded, delivered, distributed, sold or offered for sale in this state and to distinguish them from pesticides manufactured, compounded, delivered, distributed, sold or offered for sale by others.

(3) “Department” means the State Department of Agriculture.

(4) “Device” means any instrument or contrivance containing pesticides or other chemicals intended for trapping, destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the department, but does not include equipment used for the application of pesticides or other chemicals when sold separately from such pesticides or chemicals.

(5) “Private applicator” means a person who uses or supervises the use of any pesticide, classified by the department as a restricted-use or highly toxic pesticide, for the purpose of producing agricultural commodities or forest crops on land owned or leased by the person.

(6) “Highly toxic” means a pesticide or device determined by the department to be capable of causing severe injury, disease or death to human beings.

(7) “Landowner” means a person owning three acres or more within a proposed protected area; and in the case of multiple ownership of land, the owner is only a person whose interest is greater than an undivided one-half interest therein or who holds an authorization in writing from one or more of the other owners whose interest, when added to the interest of the person, are greater than an undivided one-half interest in the land.

(8) “Pesticide” includes:

(a) “Defoliant” which means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission;

(b) “Desiccant” which means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;

(c) “Fungicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus;

(d) “Herbicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed;

(e) “Insecticide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever;

(f) “Nematocide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes;

(g) “Plant regulator” which means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation or to otherwise alter the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; or

(h) Any substance, or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other form of plant or animal life which is, or which the department may declare to be a pest, which may infest or be detrimental to vegetation, humans, animals, or be present in any environment thereof.

(9) “Pesticide applicator” or “applicator” means a person who:

(a) Is spraying or applying pesticides for others;

(b) Is authorized to work for and is employed by a pesticide operator; and

(c) Is in direct charge of or supervises the spraying or application of pesticides or operates, uses, drives or physically directs propulsion of equipment, apparatus or machinery, either on the ground or by aircraft in such activity.

(10) “Pesticide consultant” means a person, including governmental employees, who offers or supplies technical advice, supervision, aid or recommendations to the user of pesticides classified by the department as restricted-use or highly toxic pesticides, whether licensed as a pesticide dealer or not.

(11) “Pesticide dealer” means a person who sells, offers for sale, handles, displays or distributes any pesticide classified by the department as a restricted-use or highly toxic pesticide.

(12) “Pesticide equipment” means any equipment, machinery or device used in the actual application of pesticides, including aircraft and ground spraying equipment.

(13) “Pesticide operator” means a person who owns or operates a business engaged in the application of pesticides upon the land or property of another.

(14) “Pesticide trainee” means a person who:

(a) Is employed by a pesticide operator; and

(b) Is working and engaged in a training program under special certificate to qualify as a pesticide applicator.

(15) “Professed standard of quality” means a plain and true statement of the name and percentage of each active ingredient and the total percentage of all inert ingredients contained in any pesticide.

(16) “Protected area” means an area established under the provisions of this chapter to prohibit or restrict the application of pesticides.

(17) “Public applicator” means a person who is an employee of the State of Oregon or its agencies, counties, cities, municipal corporations, other governmental bodies or subdivisions thereof, irrigation districts, drainage districts and public utilities and telecommunications utilities and who performs or carries out the work, duties or responsibilities of a pesticide applicator.

(18) “Public trainee” means a person who is an employee of the State of Oregon or its agencies, counties, cities, municipal corporations, other governmental bodies or subdivisions thereof, irrigation districts, drainage districts and public utilities and telecommunications utility and who performs or carries out the work, duties or responsibilities of a pesticide trainee.

(19) “Registrant” means a person registering any pesticide pursuant to this chapter.

(20) “Restricted area” means an area established under the provisions of this chapter to restrict, but not prohibit, the application of pesticides.

(21) “Restricted-use pesticide” means any pesticide or device which the department has found and determined to be so injurious or detrimental to persons, pollinating insects, bees, animals, crops, wildlife, land or environment, other than the pests it is intended to prevent, destroy, control or mitigate, that additional restrictions are required.

(22) “Weed” means any plant which grows where not wanted. [1973 c.341 §3; 1987 c.447 §134]

634.007 [1995 s.s. c.3 §38a; repealed by 1996 c.10 §3 (634.055 enacted in lieu of 634.007)]

634.009 [1995 s.s. c.3 §38b; repealed by 1996 c.10 §5 (634.057 enacted in lieu of 634.009)]

634.010 [Repealed by 1953 c.118 §2]

634.011 [1995 s.s. c.3 §38c; repealed by 1996 c.10 §7 (634.060 enacted in lieu of 634.011)]

634.012 [1973 c.341 §2; renumbered 634.005 in 1995]

634.013 [1995 s.s. c.3 §38d; repealed by 1996 c.10 §9 (634.063 enacted in lieu of 634.013)]

634.015 [1995 s.s. c.3 §38e; repealed by 1996 c.10 §11 (634.065 enacted in lieu of 634.015)]

REGISTRATION, LABELING AND USE

634.016 Registration of pesticides and application devices; fee; contents of application; restriction on pesticide distribution and use; exemptions. (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.

(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. 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 468B.180 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. [1973 c.341 §7; 1975 c.304 §9; 1989 c.709 §3; 1989 c.833 §66; 2007 c.162 §1]

634.020 [Repealed by 1953 c.118 §2]

634.022 Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law. (1) The provisions of ORS 634.016 are not applicable to pesticides used only for experimental or research purposes. Such pesticides shall be conspicuously labeled “For experimental purposes only and not for sale” in addition to the labeling requirements of ORS 634.026, except that they need not be labeled with directions for use or the professed standard of quality.

(2)(a) Subject to the exemptions set forth in paragraph (b) of this subsection, before any pesticide can be used for experimental or research purposes a person proposing to use such pesticides shall obtain approval of the State Department of Agriculture. Application for such approval shall contain such information as may be required by the department, including the location and size of the plot on which the experiment or research is to be carried out, the nature of the pesticide to be utilized, the person responsible for such activities and the intended disposition of any crops grown upon the experimental or research plot.

(b) The provisions of paragraph (a) of this subsection are not applicable to:

(A) Federal or state agencies.

(B) Experiments or research carried on in greenhouses.

(3) If any person uses pesticides for experimental purposes as provided by this section contrary to the instructions and approval issued by the department, the department may immediately revoke such approval and refuse to issue its approval to such persons on future applications. [1973 c.341 §9; 1995 c.79 §324]

634.026 Pesticide labeling requirements; highly toxic pesticides; applicability of law. (1) If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with:

(a) The name and address of the manufacturer or person for whom it was manufactured.

(b) The brand name or trademark under which the material is sold.

(d) The net weight or volume of the contents.

(e) Adequate and necessary directions for its proper and intended use.

(2) In addition to the information required by subsection (1) of this section, any pesticide which is highly toxic shall be labeled with:

(a) A sign of a skull and crossbones.

(b) The word “poison” in red on the package printed on a background of contrasting color.

(3) The provisions of subsection (2) of this section shall not apply to bleaching powder or chloride of lime. [1973 c.341 §10]

634.030 [Repealed by 1953 c.118 §2]

634.032 When pesticide is misbranded. Pesticides shall be deemed misbranded if:

(1) The package or container of such materials bears any false or misleading statement.

(2) The container or package of such materials is not labeled as required by ORS 634.026. [1973 c.341 §11]

634.036 When pesticide is adulterated. A pesticide shall be deemed to be adulterated if:

(1) It is a pesticide other than a herbicide, defoliant or desiccant, is intended for use on vegetation and contains any substance which is injurious to such vegetation when used as directed under normal growing conditions.

(2) The strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part.

(3) The contents of the package or container of pesticide do not meet their purported standard of quality in any other manner.

(4) The contents of the package or container represented to be a pesticide are not definitely effective for the purpose for which recommended. [1973 c.341 §12]

634.040 [Repealed by 1953 c.118 §2]

634.042 Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix. (1) Any poisonous or deleterious pesticide or any pesticide which, in the opinion of the State Department of Agriculture, is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals as safe for use, added to a raw agricultural commodity, shall be deemed unsafe for the purposes of the application of ORS 616.235 (1)(b), unless:

(a) A tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by regulation promulgated by the department and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or

(b) With respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from regulation promulgated by the department.

(2) While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of ORS 616.235 (1)(a), provided such pesticide chemical or the use of such pesticide chemical is in compliance with the law and regulations promulgated thereunder.

(3) In a fertilizer, agricultural minerals, agricultural amendment or lime mix in which a pesticide is contained, all applicable provisions of this chapter must be complied with. In lieu of the requirements of ORS 634.026 (1)(c), the label or invoice on a certain mix may show the name and amount of the actual pesticide, together with the total amount of the entire mixture, including the amount of actual pesticide, to be applied to each acre. [1973 c.341 §13; 1979 c.29 §2; 1995 c.79 §325]

PESTICIDE USE REPORTING SYSTEM

Note: Sections 2 to 4, 6, 8 to 11 and 22, chapter 1059, Oregon Laws 1999, provide:

Sec. 2. As used in sections 2 to 11, chapter 1059, Oregon Laws 1999:

(1) “Pesticide” has the meaning given in ORS 634.006, but does not include antimicrobial pesticides as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 (P.L. 92-516, as amended).

(2) “Pesticide user”:

(a) Except as provided in paragraph (b) of this subsection, means any person who uses or applies a pesticide in the course of business or any other for-profit enterprise, or for a governmental entity, or in a location that is intended for public use or access.

(b) Does not mean a veterinarian or veterinary technician who applies a pesticide while acting within the scope of a license issued under ORS chapter 686.

(3) “Retail pesticide dealer” means a person who sells, offers for sale, handles, displays or distributes any pesticide but is not licensed as a pesticide dealer under ORS 634.112. [1999 c.1059 §2; 2009 c.369 §1]

Sec. 3. The Legislative Assembly finds and declares that the development of a comprehensive, reliable and cost-effective system for collecting and organizing information on all categories of pesticide use in Oregon is needed by government agencies, researchers, policymakers and the public to ensure the public health and safety and to protect Oregon’s water and environment. [1999 c.1059 §3]

Sec. 4. The State Department of Agriculture shall establish and implement a pesticide use reporting system to meet the need described in section 3, chapter 1059, Oregon Laws 1999. In establishing and implementing the system, the department shall:

(1) Design, develop and implement the system in order to collect, evaluate, summarize, retain and report information on the use of pesticides in each major category of use in Oregon, including agriculture, forestry, industrial, urban commercial and urban homeowner uses.

(2) At least one time each year, collect the best data practicable from each major category of pesticide use in a manner that reduces paperwork and reporting costs.

(3) Require all pesticide users to report basic information on their use of pesticides that includes:

(a) The location of use. For pesticide use within an urban area, as defined by the department by rule, the pesticide user shall report the location of use by identifying the five-digit zip code for the location. For pesticide use that is not within an urban area, the pesticide user shall report the location of use by identifying the third-level hydrologic unit for the location. As used in this paragraph, “third-level hydrologic unit” means the basin reporting level of the 12-digit hydrologic unit mapping system developed by the Federal Geographic Data Committee.

(b) The name and United States Environmental Protection Agency registration number for the pesticide product used.

(d) The purpose of and type of site of the application.

(e) The month of the application.

(f) Subject to section 8, chapter 1059, Oregon Laws 1999, other data gathered by pesticide applicators that the department considers necessary to achieve the purposes of section 3, chapter 1059, Oregon Laws 1999.

(4) Develop a mechanism to ensure the accuracy, reliability and validity of the database by providing for an independent review of the pesticide use data and collection procedures by data quality assurance specialists.

(5) Develop a specific mechanism to identify household and other urban uses of pesticides. If this mechanism involves sales reporting by retail pesticide dealers, the department shall develop a minimum monthly sales quantity below which the retail pesticide dealer is exempt from reporting. [1999 c.1059 §4; 2005 c.743 §1]

Note: The amendments to section 4, chapter 1059, Oregon Laws 1999, by section 1, chapter 572, Oregon Laws 2009, apply to the reporting of information on pesticide use that occurs on or after January 1, 2013. See section 6, chapter 572, Oregon Laws 2009. The text that is operative for reporting pesticide use that occurs on or after January 1, 2013, is set forth for the user’s convenience.

Sec. 4. (1) As used in this section, “fourth-level hydrologic unit” means the cataloging unit level of the 12-digit hydrologic unit mapping system developed by the Federal Geographic Data Committee.

(2) The State Department of Agriculture shall establish and implement a pesticide use reporting system to meet the need described in section 3, chapter 1059, Oregon Laws 1999. In establishing and implementing the system, the department shall:

(a) Design, develop and implement the system in order to collect, evaluate, summarize, retain and report information on the use of pesticides in each major category of use in Oregon, including agriculture, forestry, industrial, urban commercial and urban homeowner uses.

(b) At least one time each year, collect the best data practicable from each major category of pesticide use in a manner that reduces paperwork and reporting costs.

(A) The location of use, identified as follows:

(i) For pesticide use within an urban area, as defined by the department by rule, the pesticide user shall report the location of use by identifying the five-digit zip code for the location.

(ii) For pesticide use that is not within an urban area, the pesticide user shall report the location of use by identifying the fourth-level hydrologic unit for the location.

(iii) To the extent authorized by the department by rule, notwithstanding any other provision of this subparagraph, for pesticide use on a utility or transportation right of way, the pesticide user may report the location of use by identifying the fourth-level hydrologic unit for the location or by identifying the right of way name and the beginning point and ending point global positioning system coordinates or milepost numbers. If the department receives a pesticide use report for which the location is identified by right of way information, the department shall determine the fourth-level hydrologic unit in which the right of way beginning point is located and shall use that fourth-level hydrologic unit for purposes of the annual report described in section 8, chapter 1059, Oregon Laws 1999.

(B) The name and United States Environmental Protection Agency registration number for the pesticide product used.

(D) The purpose of and type of site of the application.

(E) The month of the application.

(F) Subject to section 8, chapter 1059, Oregon Laws 1999, other data gathered by pesticide applicators that the department considers necessary to achieve the purposes of section 3, chapter 1059, Oregon Laws 1999.

(d) Develop a mechanism to ensure the accuracy, reliability and validity of the database by providing for an independent review of the pesticide use data and collection procedures by data quality assurance specialists.

(e) Develop a specific mechanism to identify household and other urban uses of pesticides. If this mechanism involves sales reporting by retail pesticide dealers, the department shall develop a minimum monthly sales quantity below which the retail pesticide dealer is exempt from reporting.

Sec. 6. In carrying out its responsibilities under sections 2 to 9, chapter 1059, Oregon Laws 1999, the State Department of Agriculture shall seek technical assistance as appropriate from at least the following entities:

(1) Oregon Department of Administrative Services;

(2) Department of Environmental Quality;

(3) State Department of Fish and Wildlife;

(4) State Forestry Department;

(5) Occupational Safety and Health Division of the Department of Consumer and Business Services;

(6) Oregon Health Authority;

(7) Oregon Poison Center;

(8) Pesticide Analytical and Response Center; and

(9) Office of the State Fire Marshal. [1999 c.1059 §6; 2009 c.595 §1154]

Sec. 8. (1) In implementing the pesticide use reporting system, the State Department of Agriculture shall, at a minimum:

(a) Publish an annual report summarizing the pesticide use data reported to the department under section 4, chapter 1059, Oregon Laws 1999. The report shall include:

(A) An analysis of trends in pesticide use;

(B) An assessment of pesticide use reporting data accuracy; and

(C) Pesticide use information summarized by zip code or hydrologic unit as described in section 4 (3)(a), chapter 1059, Oregon Laws 1999.

(b) Establish policy and adopt rules relating to the public release of data about pesticide sales or use consistent with the limitations provided in this section.

(2)(a) Data about pesticide use obtained under sections 2 to 9, chapter 1059, Oregon Laws 1999, are confidential if the data would reveal the identity of the owner or lessee or the specific location of property where a person has applied a pesticide:

(A) For a private agricultural or forestry operation; or

(B) On private property or public property leased to a private person.

(b) Data about pesticide sales obtained under sections 2 to 9, chapter 1059, Oregon Laws 1999, are confidential if the data would reveal a trade secret, as defined in ORS 646.461, of the retail outlet, multiple-outlet retailer or associated group of retailers that reports the data.

(c) The department may not collect pesticide use data under section 4, chapter 1059, Oregon Laws 1999, that would reveal the identity of the owner or lessee or the specific location of property where a person has applied a pesticide.

(3) The policy and rules that the department adopts under this section may not limit access to data for the following purposes:

(a) Information obtained as part of any investigation under any other provision of law;

(b) To release information obtained exclusively under sections 2 to 9, chapter 1059, Oregon Laws 1999, to any other local, state or federal agency, if the local, state or federal agency has agreed to maintain the confidentiality of any information that is required to be treated as confidential under this section, unless the public interest by clear and convincing evidence requires disclosure in the particular instance; and

(c) To release information obtained exclusively under sections 2 to 9, chapter 1059, Oregon Laws 1999, to a health or environmental researcher acting in an official capacity from an accredited university or accepted research institute who agrees to maintain the confidentiality of any information that is required to be treated as confidential under this section. [1999 c.1059 §8; 2001 c.915 §2; 2005 c.743 §2]

Note: The amendments to section 8, chapter 1059, Oregon Laws 1999, by section 2, chapter 572, Oregon Laws 2009, become operative January 1, 2013. See section 6, chapter 572, Oregon Laws 2009. The text that is operative on and after January 1, 2013, is set forth for the user’s convenience.

Sec. 8. (1) In implementing the pesticide use reporting system, the State Department of Agriculture shall, at a minimum:

(a) Publish an annual report summarizing the pesticide use data reported to the department under section 4, chapter 1059, Oregon Laws 1999. The report shall include:

(A) An analysis of trends in pesticide use;

(B) An assessment of pesticide use reporting data accuracy; and

(C) Pesticide use information summarized by zip code or fourth-level hydrologic unit as described in section 4 (2)(c), chapter 1059, Oregon Laws 1999.

(b) Establish policy and adopt rules relating to the public release of data about pesticide sales or use consistent with the limitations provided in this section.

(A) For a private agricultural or forestry operation; or

(B) On private property or public property leased to a private person.

(3) The policy and rules that the department adopts under this section may not limit access to data for the following purposes:

(a) Information obtained as part of any investigation under any other provision of law;

Sec. 9. (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty in an amount of up to $10,000 on any person for violation of a confidentiality agreement established under section 8 of this 1999 Act.

(2) The State Department of Agriculture shall develop by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation under subsection (1) of this section. Under the schedule, the amount of the civil penalty shall correlate to the severity of the breach of confidentiality.

(3) Any civil penalty under this section shall be imposed as provided in ORS 183.745. [1999 c.1059 §9]

Sec. 10. Nothing in sections 2 to 9 of this 1999 Act shall be construed to create a new private right of action against any pesticide user or retail pesticide dealer. [1999 c.1059 §10]

Sec. 11. (1) As used in this section, “frivolous” means the matter is not supported by substantial evidence or the matter is initiated without reasonable prospect of prevailing.

(2) If any person files an action against another party as a result of the operation of the pesticide use reporting system created pursuant to sections 2 to 9 of this 1999 Act, and the court finds that the action is frivolous or was filed in bad faith or for the purpose of harassment, the court may impose an appropriate sanction upon the person who filed the action. The sanction may include an order to pay to the other party the amount of the reasonable expenses incurred by reason of the filing of the action, including reasonable attorney fees. [1999 c.1059 §11]

Sec. 22. Sections 2 to 4, 6 to 11, 15 and 21, chapter 1059, Oregon Laws 1999, are repealed on June 30, 2019. [1999 c.1059 §22; 2009 c.572 §4]

634.050 [Repealed by 1953 c.118 §2]

STATEWIDE REGULATION OF PESTICIDES

634.055 Legislative findings. 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. [1996 c.10 §4 (enacted in lieu of 634.007)]

634.057 State preemption of local pesticide regulation. 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. [1996 c.10 §6 (enacted in lieu of 634.009)]

634.060 Actions allowed by city, town, county or other political subdivision. Notwithstanding ORS 634.057, 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. [1996 c.10 §8 (enacted in lieu of 634.011)]

634.063 Exceptions to state preemption of pesticide regulation. Nothing in ORS 634.057 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. [1996 c.10 §10 (enacted in lieu of 634.013)]

634.065 Department consideration of concerns raised by city, town, county or political subdivision. 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. [1996 c.10 §12 (enacted in lieu of 634.015)]

LICENSING AND CERTIFICATION

634.106 Applicability of ORS 634.112 to 634.126 and 634.146. 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 licensed veterinarians when acting within the scope of their employment.

(4) A farmer or forestland owner applying pesticides, other than restricted-use 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 that are applied are furnished by the owner of the land on which such pesticides are applied.

(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.

(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.

(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, the application shall be under the direct supervision of a licensed public applicator. [1973 c.341 §22; 1995 c.360 §1; 2001 c.307 §1]

634.110 [Repealed by 1953 c.117 §2]

634.112 Renewal of licenses or certificates; delinquency. (1) Except as provided in ORS 634.142 (2), any license or certificate issued or required of a pesticide consultant, dealer, operator, applicator, private applicator or trainee by this chapter shall expire on December 31 following issuance or on such date as may be specified by rule of the State Department of Agriculture. At least 30 days prior to the expiration date, the department shall by mail notify each person holding a license or certificate of the expiration date thereof.

(2) Applications for all licenses or certificates required of a pesticide consultant, dealer, operator, applicator, private applicator or trainee, or renewal thereof, shall be made to the department on forms prescribed by the department and accompanied by the prescribed fee.

(3) All such licenses or certificates are personal to the applicant and may not be transferred to any other person.

(4) Nothing in this chapter shall be construed as requiring a person, helping or assisting in the application of pesticides by a licensed pesticide applicator or certified private applicator or the pesticide application business through the performance of manual labor only, to obtain a license or certificate, if the actual application of pesticides is made by:

(a) A licensed pesticide applicator or a certified private applicator; or

(b) A person applying pesticides under ORS 634.106.

(5) Failure to pay the renewal license fees when due by a pesticide consultant, dealer, operator or applicator, or failure to pay the renewal certificate fees by a trainee, shall forfeit the right to engage in the activities of a pesticide consultant, dealer, operator, applicator or trainee, as the case may be. Any person whose pesticide consultant, dealer, operator or applicator license, or trainee certificate has been forfeited, shall not be issued a license, certificate or renewal license or renewal certificate except upon written application to the department accompanied by a sum of money equal to the license or certificate fee which should have been paid.

(6) If such person is a pesticide consultant or applicator and does not pay the license fee during the first month in which the license fee is delinquent, thereafter such pesticide consultant or applicator shall not only pay the required license fee but shall also obtain a passing grade in a reexamination given by the department for pesticide applicators as prescribed in ORS 634.122, or otherwise demonstrate knowledge of the subject to the satisfaction of the department.

(7) No penalty reexamination shall be required of a person whose application for renewal of a license or certificate is accompanied by a signed statement that prior to the application the person has not operated or worked as a pesticide consultant, applicator or trainee, as the case may be, during the previous six months or since the expiration date of the last license or certificate of the person, whichever time is less. If the department later verifies this signed statement is false, then notwithstanding the provisions of ORS chapter 183, the department may immediately suspend the license or certificate which was issued as a result of such statement. Such suspension shall only be removed after the person has complied with the applicable provisions of subsections (5) and (6) of this section. [1973 c.341 §14; 1975 c.304 §10; 1979 c.232 §1; 2007 c.768 §40]

634.116 Pesticide operator license; authorized activities; fees; pesticide applicator license; liability insurance; limitation on damages; rules; exemptions. (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 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 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 a partnership. At least one officer or employee shall obtain and maintain a pesticide applicator’s license if the pesticide operator is a corporation. If a pesticide operator is found to be in violation of this subsection, the pesticide operator’s license, notwithstanding ORS chapter 183, is automatically suspended until 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 a policy, has furnished a deposit of cash, surety bond or other evidence of financial responsibility acceptable to the department that may be applied by the department to the payment of damages resulting from 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 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 chapter 183, if the licensed pesticide operator fails to maintain the financial responsibility required by subsections (5) and (6) of this section, the license is automatically suspended until the department again verifies the pesticide operator is in compliance with subsections (5) and (6) of this section. The liability insurance company shall notify the department in writing 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 is limited to actual damages only.

(9) The department shall return the deposit required by subsection (5) of this section 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 to the pesticide operator or to the personal representative of the pesticide operator except that the department shall not make a return if 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 the action is pending or that any judgment resulting from 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 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 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 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 are not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when:

(A) Applying pesticides to property under their ownership, 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 or of a homeowners association as defined under ORS 94.550 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.

(c) In addition to any application allowed under paragraph (a) of this subsection, a vector control district is not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when applying pesticides for the prevention, control or eradication of a public health vector as defined in ORS 452.010 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 or of a homeowners association as defined under ORS 94.550 if the pesticide application is done on a cost recovery, cooperative trade of services or no cost basis, and not as a source of profit.

(13) Subject to subsection (15) of this section, the employees of the 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 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 shall be:

(a) Issued by the department upon payment of the fee for the pesticide applicator license or pesticide trainee certificate.

(b) Valid and used by the licensee or certificate holder only 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) The provisions of subsection (13) of this section apply only to:

(a) The application of restricted-use pesticides;

(b) The application of any pesticide by using a machine-powered device; or

(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. [1973 c.341 §15; 1975 c.304 §11; 1987 c.317 §1; 1987 c.447 §135; 1993 c.599 §1; 2001 c.307 §2; 2005 c.96 §1; 2007 c.258 §9; 2009 c.501 §10]

Note: The amendments to 634.116 by section 10, chapter 501, Oregon Laws 2009, become operative July 1, 2012. See section 13, chapter 501, Oregon Laws 2009. The text that is operative until July 1, 2012, is set forth for the user’s convenience.

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.