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]
Section: Previous 634.005 634.006 634.007 634.009 634.010 634.011 634.012 634.013 634.015 634.016 634.020 634.022 634.026 634.030 634.032 NextLast modified: August 7, 2008