(1) There is created a Pesticide Analytical and Response Center with a governing board consisting of the following members:
(a) The Director of Agriculture or designee.
(b) The State Forester or designee.
(c) The State Fish and Wildlife Director or designee.
(d) The Director of the Department of Environmental Quality or designee.
(e) The Director of Human Services or designee.
(f) The Administrator of the Occupational Safety and Health Division or designee.
(g) The State Fire Marshal or designee.
(h) The Director of the Poison Control and Drug Information Program of the Oregon Health and Science University or designee.
(i) One citizen from the state at large appointed jointly by the Director of Agriculture and the Director of Human Services.
(2) The Director of Agriculture shall appoint an administrator for the Pesticide Analytical and Response Center, who shall be responsible to the board for performance of the duties of the center and the board.
(3) The Director of Agriculture or designee and the Director of Human Services or designee shall alternate as chairperson of the board for terms of one year each. When one is serving as chairperson, the other shall serve as vice chairperson.
(4) The board shall seek expert consultation from the extension service toxicology program, the Center for Research on Occupational and Environmental Toxicology and such other sources as may be needed.
(5) The functions of the board are to:
(a) Direct the activities and priorities of the administrator of the center.
(b) Centralize receiving of information relating to actual or alleged health and environmental incidents involving pesticides.
(c) Mobilize expertise necessary for timely and accurate investigation of pesticide incidents and analyses of associated samples.
(d) Identify trends and patterns of problems related to pesticide use.
(e) Make recommendations for action to a state agency when a majority of the board considers that such action may be warranted on the basis of the findings of an incident investigation or on the basis of identification of a trend or pattern of problems. Recommended actions may include, but not be limited to, regulatory action, modification of administrative rules, proposal of new legislation, public education and consultation to industry.
(f) Report in a standardized format the results of the investigations of pesticide incidents.
(g) Establish by consensus, procedures for carrying out its responsibilities within the limits of available resources.
(h) Prepare and submit to each session of the Legislative Assembly a report of the activities of the center that includes a record of recommendations made by the board and the actions resulting from the board’s work.
(6) Upon receipt of a recommendation from the board, a state agency shall respond in a timely manner to inform the board of actions taken or the reasons for taking no action on the recommendation.
(7) Any medical information received by a member of the board or by a staff member of the center in the course of carrying out the duties of the center or the board shall be held confidential as provided in ORS 192.518 to 192.529 and 433.008.
(8) The functions of the board do not supersede the regulatory authority of any agency and are not in lieu of the regulatory authority of any agency. [1991 c.729 §2; 2001 c.2 §1; 2003 c.86 §14]
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