Oregon Statutes - Chapter 634 - Pesticide Control

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,...
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....
634.007 [1995 s.s. c.3 §38a; repealed by 1996 c.10 §3 (634.055 enacted in lieu of 634.007)]
634.009 [1995 s.s. c.3 §38b; repealed by 1996 c.10 §5 (634.057 enacted in lieu of 634.009)]
634.010 [Repealed by 1953 c.118 §2]
634.011 [1995 s.s. c.3 §38c; repealed by 1996 c.10 §7 (634.060 enacted in lieu of 634.011)]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634.013 [1995 s.s. c.3 §38d; repealed by 1996 c.10 §9 (634.063 enacted in lieu of 634.013)]
634.015 [1995 s.s. c.3 §38e; repealed by 1996 c.10 §11 (634.065 enacted in lieu of 634.015)]
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...
634.020 [Repealed by 1953 c.118 §2]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...
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...
634.030 [Repealed by 1953 c.118 §2]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...
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...
634.040 [Repealed by 1953 c.118 §2]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...
634.050 [Repealed by 1953 c.118 §2]
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...
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,...
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...
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...
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...
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...
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...
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...
634.120 [Repealed by 1953 c.117 §2]
634.122 Applicator license; qualifications; examination; fee.
(1) An applicant for a pesticide applicator�s license is entitled to be examined for or to be issued a license or supplements thereto by the...
634.126 Trainee certificate; renewal; fee.
(1) In accordance with regulations promulgated by the State Department of Agriculture, as provided in ORS 634.306 (1), the department shall issue or renew its...
634.130 [Repealed by 1953 c.117 §2]
634.132 Consultant license; fee; qualifications; examination; applicability of law.
(1) The annual license fee for a pesticide consultant shall be established by the State Department of Agriculture not to exceed $40. (2) An applicant...
634.136 Dealer license; fee; applicability of law.
(1) The annual license fee for a pesticide dealer shall be established by the State Department of Agriculture not to exceed $75. A separate license...
634.140 [Repealed by 1953 c.117 §2]
634.142 Private applicator certificate; standards; fee.
(1) The State Department of Agriculture shall issue or renew a private applicator�s certificate if the applicant or certificate holder meets the certification standards established...
634.146 Records required of operators; retention period; report to owner of treated field crops.
(1) Pesticide operators shall prepare and maintain records on forms approved by the State Department of Agriculture. Such records shall include: (a) The name of...
634.172 Procedure for making liability claim against landowner or pesticide operator; investigation of report of loss; claim procedure not waiver of governmental immunity.
(1) No action against a landowner, person for whom the pesticide was applied or pesticide operator arising out of the use or application of any...
634.206 Continuation of protected and restricted areas created by former law.
There hereby is created a protected area or restricted area territorially identical respectively with each protected area or restricted area existing as of October 5,...
634.210 [Amended by 1953 c.685 §12; repealed by 1961 c.294 §1 (634.211 enacted in lieu of 634.210)]
634.211 [1961 c.294 §2 (enacted in lieu of 634.210); subsection (2) enacted as 1965 c.22 §2(1); paragraph (b) of subsection (11) derived from 1965 c.22 §2(2); 1969 c.268 §4; repealed by 1973 c.341 §37]
634.212 Formation of protected areas; petition; filing fee; guidelines for determinations by director.
(1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within the territory...
634.213 [1961 c.642 §18; repealed by 1973 c.341 §37]
634.215 [1953 c.685 §12; 1961 c.294 §3; repealed by 1973 c.341 §37]
634.216 Protected area as governmental subdivision upon completion of required filings.
In addition to the filings of an order establishing a protected area as required by ORS 561.530 (1), a certified copy of such order shall...
634.217 [1953 c.685 §12; 1961 c.294 §4; repealed by 1973 c.341 §37]
634.220 [1953 c.685 §12; 1961 c.294 §5; repealed by 1973 c.341 §37]
634.222 Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence.
In any suit, action or proceeding involving the validity or enforcement of any proceeding or action of a protected area, the protected area shall be...
634.225 [1953 c.685 §12; 1961 c.294 §6; repealed by 1973 c.341 §37]
634.226 Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority.
(1) A protected area, established pursuant to the provisions of this chapter, shall be governed and administered by an area committee consisting of five members....
634.230 [Amended by 1953 c.685 §12; 1961 c.294 §7; 1965 c.22 §4; repealed by 1973 c.341 §37]
634.232 Restricted area formation; matters to be considered; additional area committee member.
(1) At any time after the establishment of a protected area, the State Department of Agriculture at the request of the area committee of such...
634.233 [1961 c.294 §9; 1969 c.268 §5; repealed by 1973 c.341 §37]
634.234 [1969 c.268 §3; repealed by 1973 c.341 §37]
634.235 [1953 c.685 §12; 1961 c.294 §10; 1969 c.268 §6; 1971 c.620 §1; repealed by 1973 c.341 §37]
634.236 Increasing or decreasing size of protected area; consolidation of areas.
(1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within a protected...
634.240 [Amended by 1953 c.685 §12; 1961 c.294 §11; 1969 c.131 §4; repealed by 1973 c.341 §37]
634.242 Taxing power of area committee; limitation on amount of levy.
(1) The area committee of a protected area may levy and cause to be collected an ad valorem tax for the purpose of paying the...
634.245 [1953 c.685 §12; repealed by 1969 c.268 §16]
634.250 [Amended by 1953 c.685 §12; 1961 c.294 §12; 1969 c.268 §7; 1971 c.699 §19; repealed by 1973 c.341 §37]
634.260 [Repealed by 1973 c.341 §37]
634.270 [Repealed by 1973 c.341 §37]
634.280 [1965 c.22 §3; repealed by 1973 c.341 §37]
634.300 [1969 c.268 §8; repealed by 1973 c.341 §37]
634.306 General duties and powers of department; rules.
In accordance with the provisions of ORS chapter 183, the State Department of Agriculture is authorized to promulgate regulations necessary to carry out the purposes...
634.310 [1969 c.268 §9; repealed by 1973 c.341 §37]
634.312 Department to develop programs for solution of pesticide and synthetic chemical problems.
The increasing formulation, distribution, application and use of pesticides and other synthetic chemicals have created serious problems with storage, disposition and transportation of pesticides and...
634.316 List of highly toxic and restricted-use pesticides.
The State Department of Agriculture may establish, maintain and amend lists of pesticides and devices which are highly toxic or restricted-use pesticides or devices. [1973...
634.320 [1969 c.268 §10; repealed by 1973 c.341 §37]
634.322 Enforcement powers of department.
In carrying out and enforcing the provisions of this chapter, the State Department of Agriculture is authorized: (1) To collect samples of pesticides from any...
634.326 Use of moneys received by department.
(1) The State Department of Agriculture shall deposit all fees paid to it under the provisions of this chapter in the Department of Agriculture Service...
634.330 [1969 c.268 §11; repealed by 1971 c.699 §22]
634.340 [1969 c.268 §12; repealed by 1971 c.699 §22]
634.350 [1969 c.268 §2; 1971 c.699 §18; repealed by 1973 c.341 §37]
634.352 [1973 c.341 §5; 1979 c.232 §4; 1993 c.742 §111]
634.356 [1973 c.341 §6; 1993 c.742 §111]
634.360 [1969 c.268 §13; repealed by 1971 c.699 §22]
634.372 Prohibited acts.
A person may not: (1) Make false or misleading claims through any media, relating to the effect of pesticides or application methods to be utilized....
634.410 Study of effects of thiram on health and safety; evaluation; report.
The Workers� Compensation Board shall cause the Occupational Health Section to conduct a study or insure that a study is conducted, of the effects on...
634.415 Rules to insure adequate precautionary measures in use of thiram in reforestation.
The Workers� Compensation Board shall as a result of the study direct the Occupational Health Section to promulgate rules and regulations to insure that adequate...
634.420 Limit on use of thiram; effect of study.
Notwithstanding any other provision of this chapter, the State Department of Agriculture shall not register or otherwise authorize the use of the pesticide thiram as...
634.425 Construction of ORS 634.410 to 634.425.
Nothing in ORS 634.410 to 634.425 shall be construed so as to limit the authority of the State Department of Agriculture to refuse registration of...
634.500 Definitions for ORS 634.500 to 634.520.
As used in ORS 634.500 to 634.520: (1) �Low-leaching tributyltin antifouling paint or coating� means a tributyltin-based marine antifouling paint or coating that has a...
634.505 Prohibition against sale of compound that releases certain substances in water; exception.
Except as provided in ORS 634.510 to 634.520, a person may not sell, offer to sell or use in this state tributyltin-based marine antifouling paint...
634.510 Conditions for sale.
A tributyltin-based marine antifouling paint or coating may be sold or used in this state if the paint or coating is: (1) Sold and used...
634.515 Sale by pesticide dealer; duties of customer.
(1) Except as provided in subsection (2) of this section, in addition to any other limitation on a restricted use pesticide under this chapter, on...
634.520 Report of sales to department.
(1) Any pesticide dealer licensed under ORS 634.112 who sells low-leaching tributyltin antifouling paint or coating shall submit a periodic report to the State Department...
634.525 [Formerly 488.885; repealed by 1991 c.67 §6]
634.550 Center governing board; duties and powers.
(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...
634.600 Committee members; appointment; compensation and expenses; duties.
(1) There is created the Minor Crops Advisory Committee in the State Department of Agriculture consisting of six members appointed by the Director of Agriculture...
634.650 Definitions for ORS 634.650 to 634.665.
As used in ORS 634.650 to 634.665: (1) �Integrated pest management� means a coordinated decision-making and action process that uses the most appropriate pest control...
634.655 Policy.
The Legislative Assembly declares that it is the policy of the State of Oregon to require all state agencies that have pest control responsibilities to...
634.660 Agencies required to implement integrated pest management.
Each of the following state agencies or services shall implement integrated pest management practices when carrying out the agency�s duties related to pest control: (1)...
634.665 Agencies to provide personnel training; appointment of coordinators; duties.
(1) Each state agency or institution listed under ORS 634.660 shall provide integrated pest management training for employees responsible for pest management. (2) Each state...
634.670 [1991 c.943 §5; repealed by 2001 c.413 §12]
634.900 Penalty for certain violations; amount.
(1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for...
634.905 When penalty payable; notice; hearing.
(1) Any civil penalty under ORS 634.900 shall be imposed as provided in ORS 183.745. (2) Notwithstanding ORS 183.745, the person to whom the notice...
634.910 Reduction of penalty; criteria.
A civil penalty imposed under ORS 634.900 may be remitted or reduced upon such terms and conditions as the Director of Agriculture considers proper and...
634.915 Schedule for penalty amounts; criteria; rules.
(1) The State Department of Agriculture shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular...
634.920 [1989 c.943 §§6,7; repealed by 1991 c.734 §122]
634.925 Disposition of penalties collected.
All penalties recovered under ORS 634.900 to 634.915 shall be deposited by the State Treasurer in the Department of Agriculture Service Fund. Such moneys are...
634.990 [Amended by 1961 c.294 §13; repealed by 1973 c.341 §37]
634.992 Criminal penalties.
Violation of any of the provisions of this chapter is an unclassified misdemeanor and is punishable, upon the first conviction, by a fine of not...

Last modified: August 7, 2008