ORS 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 qualified by scientific training and experience to evaluate the safety of pesticide chemicals as safe for use, added to a raw agricultural commodity, shall be deemed unsafe for the purposes of the application of ORS 616.235 (When food deemed adulterated) (1)(b), unless:

(a)

A tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by regulation promulgated by the department and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or

(b)

With respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from regulation promulgated by the department.

(2)

While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of ORS 616.235 (When food deemed adulterated) (1)(a), provided such pesticide chemical or the use of such pesticide chemical is in compliance with the law and regulations promulgated thereunder.

(3)

In a fertilizer, agricultural minerals, agricultural amendment or lime mix in which a pesticide is contained, all applicable provisions of this chapter must be complied with. In lieu of the requirements of ORS 634.026 (Pesticide labeling requirements) (1)(c), the label or invoice on a certain mix may show the name and amount of the actual pesticide, together with the total amount of the entire mixture, including the amount of actual pesticide, to be applied to each acre. [1973 c.341 §13; 1979 c.29 §2; 1995 c.79 §325]

Source: Section 634.042 — Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix, 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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