ORS 634.306
General duties and powers of department

  • rules

In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may adopt rules to carry out the purposes and intent of this chapter, including but not limited to rules that:

(1)

Establish and maintain a program required for an individual to work or engage in the application or other use of pesticides as a pesticide trainee. In this regard, the department may take into consideration:

(a)

Requirements for submission of applications by pesticide trainees.

(b)

Minimum and maximum periods of work or experience required for pesticide trainees.

(c)

Work performance records or reports to be maintained by pesticide trainees or their employers.

(d)

Acceptance of educational qualifications, applicable work or experience in similar or other fields in lieu of, or as a part of, periods of employment or work by pesticide trainees.

(e)

Forms and types of pesticide trainee certificates to be issued by the department, authorizing trainees to apply pesticides in all or part of the classes of operations or businesses set forth in subsection (2) of this section.

(f)

Laws and requirements relating to other professional, trade or industry trainee or apprenticeship programs in this or other states.

(g)

Special requirements if the pesticide trainee is to assist a pesticide applicator in the spraying or other application of pesticides by aircraft, and the advisability of allowing participation in federal flight training programs to be substituted, all or in part, for training requirements under this chapter.

(2)

Establish and maintain classifications of the various pesticides and of the various pest control or pesticide application businesses in order to facilitate the licensing or certification and regulation of pesticide consultants, operators, applicators, private applicators and trainees. In this regard the department may take into consideration:

(a)

Various types, formulations and characteristics of pesticides used and their purposes.

(b)

Various methods of application of the pesticides.

(c)

Precautions required for safe and effective application of the pesticides.

(3)

Designate pesticides authorized to be used or applied, or prohibited from use or application, by persons in order to qualify for an exemption under ORS 634.106 (Applicability of ORS 634.112 to 634.126 and 634.146).

(4)

Establish and maintain classifications of pesticides and devices that are deemed to be highly toxic or restricted-use pesticides or devices. In this regard, the department shall take into consideration:

(a)

Laws and regulations of the federal government, including the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended, and the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973.

(b)

Laws and regulations of other states.

(c)

Advice and counsel of experts in pesticides from industry, universities and colleges and other governmental agencies or bodies.

(5)

Establish and maintain types of pesticide consultant or applicator examinations and reexaminations, schedules for required reexaminations and other measures deemed necessary for fair and reasonable testing of applicants as provided in ORS 634.122 (Applicator license) (5).

(6)

Designate the conditions under which pesticide operators that are or that employ pesticide applicators to spray or otherwise apply pesticides by aircraft may reduce, suspend or terminate the liability insurance required by ORS 634.116 (Pesticide operator license), and the periods of time for a reduction, suspension or termination. In this regard, the department may take into consideration:

(a)

Changes in climate or seasons.

(b)

Periods when certain crops are or have been harvested.

(c)

Restricted or limited use of various types or classes of pesticides.

(d)

Possibilities of injury or death to humans and loss or damage to real or personal property.

(7)

Establish the conditions and amounts allowed for deductible classes in the liability insurance required by ORS 634.116 (Pesticide operator license).

(8)

Establish and maintain programs of instruction or educational courses for pesticide consultants, operators, applicators and private applicators in cooperation with Oregon State University or others, wherein, as far as is practicable, provisions are made so as to allow the pesticide operators and applicators to participate only in the instruction or courses directly or indirectly related to their particular activities. Attendance of licensees may be required.

(9)

Prepare and distribute a manual, or other form of publication, containing information helpful and beneficial to individuals engaged in pesticide application or use or to persons preparing to qualify for licensing as a pesticide operator, consultant or applicator and establish charges therefor.

(10)

Establish, from time to time, advisory groups or committees to assist the department in formulation of policies, plans or regulations under this chapter. Each member of any such group or committee so established shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions), to be charged to the department.

(11)

Establish registration fees for pesticide brands and formulae or formulations under those pesticide brands.

(12)

Establish restrictions or prohibitions as to the form of pesticides allowed to be mixed, applied or added to fertilizers, seed or grains.

(13)

Establish restrictions, methods and procedures in the storage, transportation, use or application of restricted-use pesticides or highly toxic pesticides in order to protect humans, pollinating insects, bees, animals, crops, wildlife, land or environment.

(14)

Establish and maintain a system for certification of private applicators. In this regard, the department shall take into consideration:

(a)

Laws and regulations of the federal government, including the provisions of the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973, and the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended thereby, and regulations thereunder.

(b)

Minimum periods of experience required and types of experience, education or work acceptable.

(c)

Forms and types of private applicator certificates to be issued by the department, authorizing private applicators to apply pesticides in all or part of the classifications of pesticides set forth in subsection (4) of this section. [1973 c.341 §32; 1999 c.1059 §§13,17; 2015 c.833 §§7,8; 2017 c.17 §§46,47; 2019 c.13 §§56,57; 2021 c.177 §2]

Source: Section 634.306 — General duties and powers of department; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html.

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
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