ORS 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)

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

(6)

“Landowner” means a person:

(a)

Owning three acres or more within a proposed protected area; and

(b)

In the case of multiple ownership of land:

(A)

Whose interest is greater than an undivided one-half interest in the land; or

(B)

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.

(7)

“Person” means:

(a)

A person as defined in ORS 174.100 (Definitions);

(b)

A public body as defined in ORS 174.109 (“Public body” defined); and

(c)

The federal government or any of its agencies.

(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 does 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 declares 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 an individual who:

(a)

Intentionally left blank —Ed.

(A)

Is using, spraying or applying restricted-use or highly toxic pesticides; or

(B)

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 other use of pesticides or operates, uses, drives or physically directs propulsion of equipment, apparatus or machinery during the spraying or other application of pesticides, either on the ground or, if certified under ORS 634.128 (Aerial pesticide applicator certificate), by aircraft.

(10)

“Pesticide consultant” means a person 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 an individual 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)

“Private applicator” means an individual 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 individual or the employer of the individual.

(16)

“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.

(17)

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

(18)

“Public applicator” means an individual 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.

(19)

“Public trainee” means an individual 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.

(20)

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

(21)

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

(22)

“Restricted-use pesticide” means any pesticide or device that the department has found and determined to be so injurious or detrimental to humans, 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.

(23)

“Weed” means any plant that grows where not wanted. [1973 c.341 §3; 1987 c.447 §134; 2015 c.833 §12; 2021 c.177 §1]
REGISTRATION, LABELING AND USE

Source: Section 634.006 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html.

Notes of Decisions

Under this section commercial pesticide application must be at least part, no matter how small, of business in which defendant is “engaged” and one engages in business of applying pesticides to land or property of another if part of earnings of one’s business comes from that source. Vierra v. Clackamas County, 309 Or 243, 785 P2d 757 (1990)

634.005
Short title
634.006
Definitions
634.016
Registration of pesticides and application devices
634.022
Exemption from registration for experimental pesticides
634.026
Pesticide labeling requirements
634.032
When pesticide is misbranded
634.036
When pesticide is adulterated
634.042
Unsafe use of certain pesticides on raw agricultural commodities
634.045
Avoidance of adverse effects on pollinating insects
634.048
Website information regarding 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
634.106
Applicability of ORS 634.112 to 634.126 and 634.146
634.112
Renewal of licenses or certificates
634.116
Pesticide operator license
634.122
Applicator license
634.126
Trainee certificate
634.128
Aerial pesticide applicator certificate
634.132
Consultant license
634.136
Dealer license
634.142
Private applicator certificate
634.146
Records required of operators
634.148
Retesting following violation
634.172
Procedure for making liability claim against landowner or pesticide operator
634.206
Continuation of protected and restricted areas created by former law
634.212
Formation of protected areas
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
634.226
Protected area governing committee
634.232
Restricted area formation
634.236
Increasing or decreasing size of protected area
634.242
Taxing power of area committee
634.306
General duties and powers of department
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
634.372
Prohibited acts
634.375
Sanctions for failure to pay civil penalty
634.410
Study of effects of thiram on health and safety
634.415
Rules to insure adequate precautionary measures in use of thiram in reforestation
634.420
Limit on use of thiram
634.425
Construction of ORS 634.410 to 634.425
634.500
Definitions for ORS 634.500 to 634.520
634.505
Prohibition against sale of compound that releases certain substances in water
634.510
Conditions for sale
634.515
Sale by pesticide dealer
634.520
Report of sales to department
634.550
Center governing board
634.555
Pesticide incident telephone line
634.557
Biennial reporting of telephone line operations
634.600
Committee members
634.650
Definitions for ORS 634.650 to 634.665
634.653
Appointment of State Integrated Pest Management Coordinator
634.655
Policy
634.657
Integrated Pest Management Coordinating Committee
634.660
Agencies and universities required to implement integrated pest management
634.665
Agencies and universities to provide personnel training
634.700
Definitions for ORS 634.700 to 634.750
634.705
Adoption of integrated pest management plan and related provisions
634.710
Plan selection
634.720
Plan coordinators
634.725
Application of low-impact pesticide
634.728
Pesticides used at community colleges for research or instruction
634.730
Reentry into sprayed area
634.740
Written notice requirements
634.750
Pesticide application records
634.900
Penalty for certain violations
634.905
When penalty payable
634.910
Reduction of penalty
634.915
Schedule for penalty amounts
634.925
Disposition of penalties collected
634.992
Criminal penalties
Green check means up to date. Up to date