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State
Oregon Regulations
CHAP 603 DIVISION 57 PESTICIDE CONTROL






The Oregon Administrative Rules contain OARs filed through July 14, 2006

DEPARTMENT OF AGRICULTURE

DIVISION 57

PESTICIDE CONTROL

General





603-057-0001

Definitions

In addition to the definitions set forth in ORS 634.006, the following shall apply:

(1) "Accident" means an undesirable and unintended event, caused by the use or application of pesticides, that adversely affects the environment.

(2) "Compatibility" means the properties of a pesticide that permit its use with other chemicals without undesirable results being caused by such combination.

(3) "Competence" means the proficiency in the performance of activities related to pesticide application, the degree of which is directly related to the nature of such activities.

(4) "Common Exposure Route" means a likely way (oral, dermal, respiratory) by which a pesticide may enter an organism.

(5) "Environment" means water, air, land and plants, humans, or other animals living therein or thereon, and the interrelationships existing among them.

(6) For the purpose of pesticide registration as specified in ORS 634.016, "pesticide product" means a pesticide readily distinguishable from any other pesticide by its content, registration number assigned by the United States Environmental Protection Agency, brand name, trade name, manufacturer, registrant, use as specified in labeling, or other distinction, but not including size or quantity of package.

(7) "Non-Target Organism" means plant or animal life other than to which the pesticide is applied or intended to be applied.

(8) "Regulated Pest" means a specific organism determined by the Department to be a pest requiring control, or eradication in order to protect the environment.

(9) For the purposes of paragraph (c) of subsection (9) of ORS 634.006, subsection (7) of ORS 634.106 and paragraph (c) of subsection (1) of ORS 634.126, the terms "direct charge of," "supervises," or "direct supervision," means that a person applying a pesticide:

(a) Has been found by the person immediately responsible for his actions to have sufficient knowledge and ability to safely apply the particular pesticide according to its label directions and any other additional directions;

(b) Is applying the particular pesticide under the instructions of the person immediately responsible for his actions; and

(c) Is applying the pesticide in such proximity to the person immediately responsible for his actions that such supervisor is reasonably available for any needed consultation or further direction, even though such supervisor is not physically present at the time or place of the pesticide application.

(10) "Immediate Supervision" means supervision by an appropriately licensed applicator who is:

(a) Located on the pesticide application site at all times during the application; and

(b) Available at the specific point of pesticide use within a time period of no more than five minutes.

Stat. Auth.: ORS 561.190 & ORS 634
Stats. Implemented: ORS 634.306
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 7-1980, f. & ef. 9-25-80; AD 17, f. & cert. ef. 11-15-89; AD 12-1992, f. 10-13-92, cert. ef. 1-1-93

603-057-0006

Pesticide Registration Fees

The annual registration fee for each pesticide product shall be $160, with $40 of that fee to be used by the department for the implementation of the pesticide use reporting system under, chapter 1059, Oregon Laws 1999.

Stat. Auth.: ORS 634
Stats. Implemented: ORS 634
Hist.: AD 855(27-67), f. 10-9-67, ef. 1-1-68; AD 1008(22-73)(Temp), f. & ef. 12-5-73; AD 1014(4-74), f. 1-18-74, ef. 2-11-74; AD 7-1977, f. & ef. 4-5-77; AD 24-1981, f. & ef. 12-1-81; AD 17, f. & cert. ef. 11-15-89; DOA 21-1999, f. 9-30-99, cert. ef. 11-1-99; DOA 26-2001, f. & cert. ef. 11-6-01; DOA 38-2003(Temp), f. 10-15-03 cert. ef. 11-23-03 thru 5-19-04; DOA 40-2003, f. & cert. ef. 10-17-03; DOA 41-2003(Temp), f. 11-14-03, cert. ef. 11-23-03 thru 5-20-04; DOA 42-2003, f. & cert. ef. 12-23-04; DOA 17-2005(Temp), f. 10-14-05, cert. ef. 1-1-06 thru 6-29-06; DOA 3-2006, f. & cert. ef. 3-8-06

Operators, Applicators, Dealers, and Consultants
603-057-0100

License Fees

The following designated annual fees shall be applicable to each described license:

(1) Pesticide Operator: $90 including one category; $15 for each additional category; and $20 for each additional category after license issued.

(2) Pesticide Applicator: $50 including one category; $7.50 for each additional category; and $12.50 for each additional category after license issued.

(3) Pesticide Trainee: Same as pesticide applicators.

(4) Public Applicator or Trainee: Same as pesticide applicators.

(5) Pesticide Dealer: $75, with a separate license required for each sales outlet or location.

(6) Pesticide Consultant: $40.

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.116, 634.122, 634.126, 634.132 & 634.136
Hist.: AD 1001(15-73), f. 11-20-73, ef. 12-11-73; AD 7-1977, f. & ef. 4-5-77; AD 24-1981, f. & ef. 12-1-81; DOA 39-2003, f. 10-17-03, cert.ef. 11-15-03

603-057-0102

Pesticide Operator Financial Responsibility

As provided in subsections (5) and (6) of ORS 634.116, the following shall apply:

(1) Evidence of the issuance of a public liability policy of insurance may be documented to the Department by a pesticide operator either by furnishing a copy of said policy or furnishing a certificate of insurance issued by the insurer. Should said policy be subsequently endorsed or in any manner modified as to the protection offered thereby, the Department shall be furnished a copy of the policy endorsement or be furnished an additional certificate of insurance evidencing the modifications.

(2) The public liability policy of insurance may be limited to only injuries or damages caused by the specific activities for which the pesticide operator is licensed. Should the pesticide operator subsequently become licensed in additional categories of activities, the pesticide operator shall furnish the Department the documentation described in section (1) of this rule evidencing additional protection for such additional categories.

(3) As provided in subsection (10) of ORS 634.116, a pesticide operator engaged in the business of applying pesticides by aircraft may have his public liability policy of insurance limited to the time period within which such pesticide operator is actually engaged in the application of pesticides by aircraft, subject to the following:

(a) The Department is furnished the documentation required by section (1) of this rule; and

(b) The public liability policy of insurance identifies the specific aircraft to which it applies.

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.116
Hist.: AD 7-1977, f. & ef. 4-5-77

603-057-0106

Immediately Supervised Pesticide or Public Trainee

(1) There is herewith established a type of pesticide trainee license and a type of public trainee license which shall bear the designation "immediately supervised."

(2) An immediately supervised pesticide trainee license or immediately supervised public trainee license may only be issued upon receipt by the department of:

(a) An appropriately completed license application form; and

(b) Payment of the appropriate fee.

(3) The fee for an immediately supervised pesticide trainee license shall be the same as the fee for a pesticide trainee license, and the fee for an immediately supervised public trainee license shall be the same as the fee for a public trainee license.

(4) An immediately supervised pesticide trainee license or immediately supervised public trainee license shall expire on December 31 of the year in which the license application was made, as set forth in ORS 634.112(1).

(5) An immediately supervised pesticide trainee or immediately supervised public trainee license may only be issued in one or more of the categories set forth in OAR 603-057-0110 and 603-057-0115.

(6) A person issued an immediately supervised pesticide trainee or immediately supervised public trainee license shall only be authorized to conduct pesticide application activities as follows:

(a) In the category, or categories, in which licensed, as detailed in section (5) of this rule;

(b) Under immediate supervision as detailed in OAR 603-057-0001(10).

(7) An immediately supervised pesticide trainee license or immediately supervised public trainee license may be renewed.

Stat. Auth.: ORS 561.190 & ORS 634
Stats. Implemented: ORS 634.306
Hist.: AD 12-1992, f. 10-13-92, cert. ef. 1-1-93

603-057-0110

Pesticide Operator, Applicator, and Trainee Categories

In accordance with subsection (2) of ORS 634.306, the following categories of pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees are established with licenses or certificates to be issued for such categories, or any specific subcategories established by OAR 603-057-0115:

(1) Agricultural Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in the production of agricultural crops and livestock (including Christmas tree plantations and commercial nurseries), or on agricultural lands, grasslands, or non-crop agricultural lands.

(2) Aquatic Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in treating standing or running water.

(3) Demonstration and Research: This shall include pesticide operators, pesticide applicators, and public applicators who use or supervise the use of pesticides in field research or educational demonstrations. The exemption provided manufacturers under subsection (1) of ORS 634.106 only applies to laboratory research.

(4) Forest Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in the production of forest crops, or on forestry lands (not including Christmas tree plantations or commercial nurseries).

(5) Industrial, Institutional, Health, and Structural Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in, on, or around food handling establishments, human dwellings, institutions (i.e., schools, hospitals, etc.), industrial establishments (including warehouses and grain elevators), and any other structures or areas utilized for the storing, processing, or manufacturing of products.

(6) Marine Fouling Organism Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of marine antifouling paint or coating on boat or ship hulls or other parts of boats or ships.

(7) Ornamental and Turf Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in the establishment and maintenance of ornamental plantings and turf (not including Christmas tree plantations, commercial nurseries or forest crops). The exemption provided persons under subsection (5) of ORS 634.106 only applies to persons principally engaged in home lawn and garden care.

(8) Public Health Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides for the control of any pest which may be deleterious to the public health, including mosquito and other vector control.

(9) Regulatory Pest Control: This shall include public applicators and public trainees who use or supervise the use of pesticides upon regulated pests not otherwise specified in this section.

(10) Right-of-Way Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in right-of-way areas.

(11) Seed Treatment: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides on seed, as it is defined in subsection (1) of ORS 633.511. Treatment of a person's own seed on his own premises is exempt under subsections (9) and (13) of ORS 634.006.

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306
Hist.: AD 1066(12-75), f. 8-11-75, ef. 10-15-75; AD 7-1977, f. & ef. 4-5-77; AD 12-1985, f. & ef. 11-27-85; AD 1-1990(Temp), f. & cert. ef. 3-1-90; AD 17-1990, f. & cert. ef. 10-2-90

603-057-0115

Pesticide Operator, Applicator, and Trainee Subcategories

The following subcategories of pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees are hereby established within the categories set forth in OAR 603-057-0110:

(1) Under "Agricultural Pest Control":

(a) Insecticide and Fungicide: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of insecticides, fungicides, and/or nematicides in the production of agricultural crops, or on agricultural lands, grasslands, and non-crop agricultural lands;

(b) Herbicides: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of herbicides in the production of agricultural crops or on agricultural lands, grasslands, and non-crop agricultural lands;

(c) Soil Fumigation: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of soil applied fumigants in the production of agricultural crops or on agricultural lands, grasslands, or non-crop agricultural lands;

(d) Livestock Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in agricultural areas for control or eradication of such livestock pests as insects, mites and ticks;

(e) Vertebrate Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in agricultural areas for control of vertebrate pests other than livestock predators.

(2) Under "Industrial, Institutional, Health, and Structural Pest Control":

(a) Pest Control, General: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides, other than fumigants, in or around structures, institutions and establishments for the protection of stored, processed, and manufactured products or for the protection of human health;

(b) Structural Pest Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides, other than fumigants, in, on, or around structures for the control of wood-destroying pests (i.e., termites, carpenter ants, powder post beetles, etc.);

(c) Space Fumigation: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of fumigants in enclosed or confined areas or structures for the control of pests in structures, in stored food or feed, and in other agricultural products. Field treatment of utility poles, pilings, bridge supports, and similar elements of construction are excluded from this category;

(d) Moss Control: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides for the control of moss and algae on structures;

(e) Wood Treatment: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides to treat wood products (i.e., lumber, poles, ties, etc.) before the use of those products in construction, and to field treat utility poles, pilings, bridge supports, and similar elements of construction with fumigants or other pesticides.

(3) Under "Ornamental and Turf Pest Control":

(a) Insecticide and Fungicide: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of insecticides and fungicides in the establishment and maintenance of ornamental plantings and turf;

(b) Herbicide: This shall include pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees who use or supervise the use of pesticides in the establishment and maintenance of ornamental plantings and turf.

(4) Under "Regulatory Pest Control":

(a) M-44 Device: This shall include only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators and who use the M-44 device containing sodium cyanide for the control of coyotes and certain other wild canids, which shall be in the manner as specified by the administrative rules of the Department;

(b) Livestock Protection Collar: This shall include only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators and who use the livestock protection collar containing sodium fluoroacetate (Compound 1080) for the control of coyotes, which shall be in the manner as specified by the administrative rules of the Department;

(c) Weed Control: This shall include public applicators and public trainees who use or supervise the use of pesticides for the control of plants designated by local weed control districts or the Department as noxious weeds as set forth in ORS 570.510.

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(2)
Hist.: AD 1066(12-75), f. 8-11-75, ef. 10-15-75; AD 7-1977, f. & ef. 4-5-77; AD 12-1985, f. & ef. 11-27-85; AD 10-1987, f. & ef. 7-1-87; AD 6-1997, f. & cert. ef. 6-11-97

603-057-0120

General Standards of Pesticide Applicator Competence

(1) Competence in the use or handling of pesticides shall be determined on the basis of written examinations which, in addition to the requirements of OAR 603-057-0125, shall include the following general standards:

(a) Comprehension of labeling format, labeling terminology, and the labeled warnings and instructions;

(b) Knowledge of safety factors to be considered, including need and use of protective clothing, first aid procedures in the event of accidents, symptoms of various pesticide poisonings, and proper storage, transportation, handling, and disposal methods;

(c) Knowledge of potential consequences to the environment from the use or misuse of pesticides, as influenced by climate, topography, and existence of animal life;

(d) Knowledge of methods of use or application, including the various forms (dust, wettable powder, etc.) of pesticides, the compatibility of various pesticides, the types of application equipment or devices, and the times when various pesticide forms or equipment would be appropriately used; and

(e) Knowledge and comprehension of existing laws and rules governing pesticide use or application, including classifications of various pesticides (highly toxic, restricted use, or general).

(2) At the time the application for a pesticide applicator's license is submitted, as required by subsection (2) of ORS 634.112, the applicant shall notify the Department when he desires to take the written examination. The Department shall thereafter notify the applicant of the time and place thereof. The applicant shall be notified within 30 days of the taking, as to the grade received in such examination and whether such grade is passing or failing. Such notification shall be deemed an "order" for the purposes of judicial review provided in ORS 183.480.

(3) An applicant for a pesticide applicator's license renewal shall be required to take a reexamination each fifth year after taking the original examination, and be subject to the provisions of this section and OAR 603-057-0125 in regard thereto. However, if the Department's records indicate the applicant for license renewal has complied with the provisions of OAR 603-057-0150, the written examination shall be waived, except in the category "Regulatory Pest Control," subcategory "Livestock Protection Collar."

(4) If an applicant for a pesticide applicator's license has passed a current written examination accredited by another state with which the Department has a reciprocal agreement on certification or licensing, and submits evidence of the same to the Department at the time of submitting his license application with applicable fee, the license examination may be waived.

(5) In the event an applicant for a pesticide applicator's license fails the written examination or re-examination, he shall be qualified to take the examination again upon submitting the fee provided in subsection (7) of ORS 634.122.

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(5)
Hist.: AD 1066(12-75), f. 8-11-75, ef. 10-15-75; AD 7-1977, f. & ef. 4-5-77; AD 15-1978, f. & ef. 9-15-78; AD 6-1997, f. & cert. ef. 6-11-97

603-057-0125

Special Standards of Pesticide Applicator Competence

In addition to the requirements of OAR 603-057-0120, the written examination shall include the following applicable special standards for the category or subcategory indicated:

(1) "Regulatory Pest Control -- M-44 Device":

(a) Knowledge of the characteristics and habits of predatory animals, and particularly coyotes;

(b) Knowledge of the toxicity levels of sodium cyanide, the hazards in the use or application thereof, and the common exposure routes thereof;

(c) Knowledge of the common types of accidents associated with the use or application of sodium cyanide in the quantities and forms utilized;

(d) Knowledge of precautions to be undertaken to protect the applicator and the immediate environment and nontarget organisms in the vicinity;

(e) Knowledge of the effects of weather, terrain, soil, drainage, and other topographical or climatic conditions that are associated with the use or application of sodium cyanide in the prescribed manner for predator control;

(f) Knowledge of the operation, repair, and maintenance procedures for the device known as the "M-44 spring loaded sodium cyanide coyote control device," including placement and retrieval thereof;

(g) Knowledge of the departmental rules relating to the use of sodium cyanide and the above described device, including the placement of adequate warning signs, the keeping of records relating to pesticide device locations and numbers, and the inventorying of numbers and species of animals eradicated.

(2) "Regulatory Pest Control-Livestock Protection Collar":

(a) Ability to read and understand pesticide labels and labeling information, including all labeling and use restrictions for sodium fluoroacetate (Compound 1080) livestock protection collars;

(b) Ability to recognize the technical name, sodium fluoroacetate, and understand the basic properties of Compound 1080;

(c) Ability to recognize potential hazards posed to humans, domestic animals, and non-target wildlife by the use of the livestock protection collar;

(d) Ability to recognize general symptoms of poisoning by Compound 1080 in humans and domestic animals and take appropriate action;

(e) Knowledge that only an employee of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, certified and licensed as a public pesticide applicator in the category "Regulatory Pest Control," subcategory "Livestock Protection Collar," by the Oregon Department of Agriculture can handle or use Compound 1080 and the livestock protection collar;

(f) Ability to recognize situations where use of the livestock protection collar can be expected to be safe and effective, as well as those situations where alternative methods of control would be more suitable. These methods may include but would not be limited to use of the M-44 device, guard animals, fences, repellents, fright devices, snares, and traps;

(g) Knowledge of the use restrictions set forth in OAR 603-057-0360 and the record-keeping requirements set forth in OAR 603-057-0375, which include a record of each animal (target or non-target) found poisoned or suspected of having been poisoned as a result of the use of Compound 1080;

(h) Knowledge of the requirement for immediate (within three days) reporting of suspected poisonings of non-target species and suspected poisonings of humans or domestic animals by Compound 1080 to the U.S. Environmental Protection Agency and the Department, as set forth in OAR 603-057-0375(3);

(i) Ability to distinguish between damaged livestock protection collars that can be repaired and those that must be disposed of properly;

(j) Knowledge of how to make appropriate repairs to damaged livestock protection collars prior to reuse and how to dispose of them properly if they cannot be repaired;

(k) Knowledge of how to properly dispose of dead animal remains, vegetation, or soil contaminated by a punctured livestock protection collar;

(l) Knowledge of safe handling and storage procedures for the livestock protection collar;

(m) Knowledge of the requirement to post and maintain bilingual (English/Spanish) warning signs at logical points of access to areas where livestock protection collars are in use; and

(n) Knowledge of the requirement to perform inspections of livestock protection collars in use twice weekly.

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(5)
Hist.: AD 1066(12-75), f. 8-11-75, ef. 10-15-75; AD 7-1977, f. & ef. 4-5-77; AD 6-1997, f. & cert. ef. 6-11-97

603-057-0127

Pesticide Trainee and Public Trainee Standards of Competence

(1) A pesticide trainee license or public trainee license may be issued by the department upon receipt by the department of:

(a) An appropriately completed license application form; and

(b) Payment of the appropriate fee.

(2) A person whose initial application for a pesticide trainee or public trainee license is accepted shall have a license issued which expires on December 31 of the year in which the license application is made, as set forth in ORS 634.112(1). Such a person may renew the license for the following calendar year (January 1–December 31), or for any portion of the following calendar year. License renewal for any subsequent calendar year, or for any portion of any subsequent calendar year, shall not be allowed except in special circumstances evaluated and approved by the Director.

(3) In order for an initial application for a pesticide trainee or public trainee license to be accepted, the person must successfully complete a written examination developed and administered by the department for the purpose of assuring that the person is competent in the use of pesticides as a pesticide trainee or public trainee. The content of this examination shall include the topics detailed in OAR 603-057-0120(1)(a)–(e). Successful completion of the written examination shall require answering at least 70 percent of the examination questions correctly.

(4) A person issued a pesticide trainee or public trainee license shall only be authorized to conduct pesticide application activities as follows:

(a) In the category, or categories, as set forth in OAR 603-057-0110 and 603-057-0115, in which licensed; and

(b) Under direct supervision, as detailed in OAR 603-057-0001(9), of an appropriately licensed applicator.

Stat. Auth.: ORS 561.190 & ORS 634
Stats. Implemented: ORS 634.306
Hist.: AD 12-1992, f. 10-13-92, cert. ef. 1-1-93

603-057-0130

Applicator's Records and Reports

(1) Pursuant to subsection (13) of ORS 634.116, a public applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by ORS 634.146.

(2) A pesticide applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by ORS 634.146 if the employer of such applicator is not a pesticide operator (greenskeepers, etc.).

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.146
Hist.: AD 7-1977, f. & ef. 4-5-77

603-057-0135

Private Applicator Standards of Competence

(1) As provided in ORS 634.142, competence of a private applicator in the use or handling of pesticides shall be determined on the basis of a written examination, and evidenced by the issuance of a certificate.

(2) A private applicator certificate shall be valid for a period of up to five calendar years from its issuance and expire on December 31 of the fifth year.

(3) An applicant for a private applicator's initial certificate or for a private applicator's renewal shall be required to successfully complete the written examination then in use for certification of private applicators. Successful completion of the written examination shall consist of correctly responding to at least 70 percent of the questions contained in the examination.

(4) In lieu of the written re-examination requirement of section (3) of this rule, an applicant for renewal of a private applicator certificate may attend pesticide training sessions approved by the Department, totaling 16 hours of Department approved pesticide use related instruction, during the period preceding the expiration of his/her certificate as follows:

(a) An individual having a certificate expiring on December 31, 1996, or subsequent dates shall be required to attend the core pesticide training session and accumulate twelve additional units of Department approved pesticide training;

(b) Not more than eight units of department approved pesticide training may be accumulated for recertification during a single 12-month period (January–December);

(c) Credit for attending the core pesticide training session can only be obtained twice during the five year certification period. The second core pesticide training session attended will be credited toward the twelve additional units of Department approved pesticide training required for recertification; and

(d) The first four units of core pesticide training previously identified as "Core A" or "Core B" accumulated by an individual prior to August 9, 1996, will fulfill the core requirement specified in this section. Any additional units of "Core A" or "Core B" instruction accumulated prior to this date will be credited toward the twelve additional units of Department approved pesticide training required for recertification.

(5) The core pesticide training session required by section (4) of this rule shall consist of a total of at least 4 units of instruction (50-60 minutes of instruction per unit) on any one or more of the following topics:

(a) Principles of Integrated Pest Management as defined in ORS 634.650;

(b) Label Comprehension;

(c) Calibration (math and equipment);

(d) Laws (environmental, endangered species, ground water protection, worker protection standards (WPS), pesticide and pesticide container disposal); and

(e) Personal Safety (including personal protective equipment (PPE)).

(6) The submission of pesticide training sessions to the Department for approval, assignment of approved units of instruction and conditions relating thereto shall be done in accord with OAR 603-057-0150(3).

(7) The Department shall annually notify each holder of a private applicator certificate of the expiration date of his/her certificate, of his/her attendance of core training, and of the number of units of additional Department approved pesticide training accumulated toward renewal of the certificate.

(8) The requirement for re-examination as specified in section (3) of this rule and the alternate procedure of attending Department approved pesticide training as specified in section (4) of this rule shall be waived if the applicant for a private applicators certificate renewal is a pesticide applicator or consultant. Said waiver shall be in effect only for the period the applicant is a pesticide applicator or consultant. Such waiver shall not affect the requirement for re-examination or the alternate procedure of OAR 603-057-0150 for pesticide applicators or consultants specified elsewhere in these administrative rules.

(9) The fee for a private applicator certificate shall be $25.

(10) This rule shall be operative and effective on and after August 9, 1996.

Stat. Auth.: ORS 561.190 & ORS 634
Stats. Implemented: ORS 634.124
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 8-1988, f. 8-30-88, cert. ef. 10-1-88; AD 8-1993, f. 6-8-93, cert. ef. 8-1-93; AD 8-1996, f. 7-12-96, cert. ef. 8-9-96

603-057-0140

Pesticide Dealer Records

As provided in subsections (6) and (7) of ORS 634.322, a pesticide dealer shall prepare and maintain records of his sales of restricted-use and highly toxic pesticides for a period of three years. Such records shall include:

(1) The names and addresses of the purchasers of such pesticides, and the license or certificate numbers of the purchasers;

(2) The date of sale;

(3) The trade name (and the formulation if applicable) of such pesticides;

(4) The quantity of each sale of such pesticides.

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.322
Hist.: AD 7-1977, f. & ef. 4-5-77

603-057-0145

Pesticide Consultant Standards of Competence

(1) As provided in ORS 634.132, competence of a pesticide consultant to advise or make recommendations concerning the use, handling, or selection of restricted-use pesticides shall be determined on the basis of a written examination. As a supplement to the subject matters set forth in subsection (2) of ORS 634.132, the examination shall also include the subject matters set forth in OAR 603-057-0120(1) relating to the General Standards of Pesticide Applicator Competence .

(2) A pesticide consultant licensed pursuant to this section may not advise or make recommendations in subcategories (a) or (b) of 603-057-0115(4), Regulatory Pest Control, regarding the use, handling, or selection of the M-44 Device containing sodium cyanide or the livestock protection collar containing sodium fluoroacetate (Compound 1080).

(3) A pesticide consultant licensed pursuant to this section may also be licensed as a pesticide applicator in the category of Demonstration and Research, as defined in OAR 603-057-0110(3), without further examination or additional fee, provided he makes application for such applicator's license at the same time he makes application for a pesticide consultant's license. Such licensing may also be documented as a Demonstration and Research special endorsement on the pesticide consultant license.

(4) If an applicant for a pesticide consultant's license has passed a current written examination accredited by another state with which the Department has a reciprocal agreement on certification or licensing, and submits evidence of the same to the department at the time of submitting his license application with applicable fee, the license examination may be waived.

(5) An applicant for a pesticide consultant's license renewal shall be required to take a reexamination each fifth year after taking the original examination, and be subject to the provisions of this section in regard thereto. However, if the Department's records indicate the applicant for license renewal has complied with the provisions of OAR 603-057-0150, the written examination shall be waived.

(6) In the event an applicant for a pesticide consultant's license fails the written examination or reexamination, he shall be qualified to take the examination again upon submitting a new application for the same.

(7) A pesticide consultant licensed pursuant to this section shall also be considered as a private applicator for the purpose of purchasing restricted use or highly toxic pesticides for use on his own lands or crops.

Stat. Auth.: ORS 561& ORS 634
Stats. Implemented: ORS 634.306(5)
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 15-1978, f. & ef. 9-15-78; AD 6-1997, f. & cert. ef. 6-11-97

603-057-0150

Alternative Requirements for Competence of Pesticide Applicator or Consultant License Renewal

In lieu of the written re-examination requirements of OAR 603-057-0120(3) or of 603-057-0145(4), an applicant for renewal of either a pesticide applicator's license or a pesticide consultant's license may accumulate at least 40 credits by attending pesticide-instructional sessions, accredited by the Department, during the five-year period preceding the year in which the written re-examination would be required, in accordance with the following:

(1) Not more than 15 credits may be accumulated for recertification purposes by an applicant during any one calendar year.

(2) An applicant for recertification credit may attend an entire annual pesticide instructional session jointly sponsored and accredited by the Department and Oregon State University (commonly referred to as the "Chemical Applicator Short course"). This instructional session shall be used as the standard by which credits are assigned to other sessions, and will have 15 credits assigned to it. Attendance shall be verified from the attendance records of the instructor or moderator of such short course, after an applicant requests the Department to award such credits.

(3) In the event a pesticide instructional session other than that identified in section (2) of this rule is desired to be taken for credit by an applicant, such applicant (or session instructor on his behalf) shall submit to the Department a written request for accreditation not less than 30 days prior to the scheduled session, which written request shall include the agenda or content of the session, the session sponsor, the name and address of the session instructor or moderator, and the time and place of such session. Upon receipt of such written request, the Department, in consultation with Oregon State University, shall evaluate the instructional value of the session and either deny accreditation or assign credits to the entire session or any portion thereof in a range from 1 to 15, assigning no more than one credit for each 50 to 60 minute period of instruction. No such instructional sessions shall be considered for accreditation that is less than two hours in length. In the event an instructional session is accredited, the Department shall provide the session instructor or moderator with attendance certificates to be completed by such instructor or moderator and returned by the applicants to the Department within 15 days after the session is completed. Under exceptional circumstances, as described in writing by an applicant, a written request for accreditation submitted later than 30 days prior to the scheduled session may be assigned credits in accordance with the provisions of this rule. Falsification of any part of such attendance certificate shall be considered grounds for license revocation proceedings by the Department.

(4) Upon issuing the annual license to a pesticide applicator or consultant, the Department shall record thereon the then-accumulated credits awarded to such applicator or consultant during the stated then-current five-year period.

(5) This section shall not apply to persons licensed to use the livestock protection collar in Oregon, in accordance with OAR-603-057-0120(3).

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(5)
Hist.: AD 15-1978, f. & ef. 9-15-78; AD 10-1987, f. & ef. 7-1-87; AD 8-1996, f. 7-12-96, cert. ef. 8-9-96; AD 6-1997, f. & cert. ef. 6-11-97

General Restrictions on Pesticide Uses
603-057-0200

Limitations on Restricted Use Pesticides

As provided in ORS 634.322 and in addition to other provisions of ORS Chapter 634, the following limitations and procedures shall apply to the distribution and use of restricted use pesticides identified in OAR 603-057-0205:

(1) A restricted use pesticide shall only be:

(a) Distributed for use by and used by an appropriately licensed pesticide applicator, public applicator or private applicator;

(b) Distributed or sold to users by an appropriately licensed pesticide dealer.

(2) A private applicator, or his/her designated agent, a pesticide operator or its designated agent, a pesticide applicator or a public applicator shall display his/her appropriate certificate or license to the pesticide dealer at the time of purchase of a restricted use pesticide, so that the number thereof may be recorded by the pesticide dealer pursuant to OAR 603-057-0140.

Stat. Auth.: ORS 561.190 & ORS 634
Stats. Implemented: ORS 634.306 & ORS 634.322
Hist.: AD 1036(26-74), f. 8-20-74, ef. 9-11-74; AD 7-1977, f. & ef. 4-5-77; AD 10-1987, f. & ef. 7-1-87; AD 13-1992, f. & cert. ef. 10-13-92

603-057-0205

Listing of Restricted Use Pesticides

As provided in ORS 634.316, restricted use pesticides shall be:

(1) Any pesticide active ingredient, formulation, product or usage classified restricted use by the United States Environmental Protection Agency, through administration of the Federal Insecticide, Fungicide and Rodenticide Act, and identified in current Title 40, Chapter 1, Sub-Chapter E, Part 152 of the Code of Federal Regulations; or

(2) Any pesticide product having labeling which specifies the product as being restricted use and has been accepted by the department for the purpose of registration as provided in ORS 634.016.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 634
Stats. Implemented: ORS 634.306 & ORS 634.316
Hist.: AD 1036(26-74), f. 8-20-74, ef. 9-11-74; AD 7-1977, f. & ef. 4-5-77; AD 28-1977, f. & ef. 12-5-77; AD 8-1978, f. & ef. 6-23-78; AD 7-1980, f. & ef. 9-25-80; AD 24-1981, f. & ef. 12-1-81; AD 12-1985, f. & ef. 11-27-85; AD 12-1985, f. & ef. 11-27-85; AD 10-1987, f. & ef. 7-1-87; AD 1-1990(Temp), f. & cert. ef. 3-1-90; AD 17-1990, f. & cert. ef. 10-2-90; AD 13-1992, f. & cert. ef. 10-13-92

603-057-0216

Pesticide Residue Tolerances in Foods

(1) The rules governing residue tolerances of pesticides permitted on raw agricultural products and the exemptions from such tolerances, adopted by the Food and Drug Administration of the United States Department of Health, Education, and Welfare and in effect as of the date of this order, are hereby adopted by the Department as the rules governing residue tolerances of pesticides permitted on raw agricultural products and exemptions from such tolerances in the State of Oregon. Said federal rules are set forth in Title 21 CFR, Chapter 1, Part 123, and in Title 40 CFR, Chapter 1, Subchapter E.

(2) The rules governing residue tolerances of DDT, DDD, and DDE in milk and milk products, adopted by the Food and Drug Administration of the United States Department of Health, Education, and Welfare and in effect as of the date of this order, are hereby adopted by the Department as the rules governing residue tolerances of DDT, DDD, and DDE in milk and milk products in the State of Oregon. Said federal rules are set forth in Title 21 CFR, Chapter 1, Part 123.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306 & ORS 634.042
Hist.: AD 7-1977, f. & ef. 4-5-77

Restrictions and Limitations on
Uses or Applications of Pesticides
603-057-0300

Specifications for Use of Pesticides Containing Thiram as Animal Repellents

In addition to any requirements or conditions stated in the registration of any pesticide containing Thiram as an animal repellent for the protection of forest seedlings (i.e., Arasan 42-S, Thiram S-42, etc.), the following shall apply to forest seedlings treated with pesticides containing Thiram (tetramethylthiuram disulfide):

(1) There shall be attached to each container, bundle, or wrapping of treated forest seedlings, a clearly legible and visible tag or label, of waterproof material and printing, on which there is stated the following. (See Exhibit 1.)

(2) The tagging or labeling shall be expressed in both English and Spanish languages.

(3) Any pesticide containing Thiram as an animal repellent for the protection of forest seedlings, and the forest seedlings treated with such pesticide, shall be used, applied, or handled in accordance with the precautions and the procedures prescribed by the administrative rules of the Occupational Health Section of the Workers' Compensation Department, referred to as OAR 437-130-0032 to 437-130-0036, so long as such rules or any substitutes or additions thereto are in effect.

[ED. NOTE: The Exhibit referenced in this rule is not printed in the OAR Compilation. Copies are avilable from the agency.]

Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306, ORS 634.410, ORS 634.415, ORS 634.420 & ORS 634.425
Hist.: AD 1049(39-74)(Temp), f. & ef. 11-12-74 thru 3-11-75; AD 1063(9-75), f. 7-7-75, ef. 7-25-75; AD 25-1977(Temp), f. & ef. 11-16-77 thru 3-15-78; AD 18-1978, f. & ef. 11-2-78

Restrictions on Use of the Pesticide 2,4-D
603-057-0301

2,4-D; High Volatile Esters

The high volatile esters of 2,4-D (2,4-Dichlorophenoxyacetic acid), including the methyl, ethyl, propyl, butyl, and amyl esters thereof, shall be subject to the restrictions and conditions on the use or application thereof as set forth in OAR 603-057-0305 to 603-057-0320.

Stat. Auth.: ORS 561.190, ORS 634.306 & ORS 634.322
Stats. Implemented: ORS 634.306 & ORS 634.322
Hist.: AD 1072(18-75), f. & ef. 12-5-75

603-057-0305

Areas Affected

All lands situated north of Interstate Highway 80N within the Counties of Morrow and Umatilla, excluding therefrom land presently subject to the East Umatilla Chemical Control District Order, shall be subject to the restrictions and limitations set forth in OAR 603-057-0305 to 603-057-0320.

Stat. Auth.: ORS 561.190, ORS 634.306 & ORS 634.322
Stats. Implemented: ORS 634.306 & ORS 634.322
Hist.: AD 1072(18-75), f. & ef. 12-5-75

603-057-0310

Time Period

The restrictions and conditions on the use or application of the high volatile esters of 2,4-D specified in OAR 603-057-0301 shall apply for the period of April 1 to September 1 of each year.

Stat. Auth.: ORS 561.190, ORS 634.306 & ORS 634.322
Stats. Implemented: ORS 634.306 & ORS 634.322
Hist.: AD 1072(18-75), f. & ef. 12-5-75

603-057-0315

Prohibited Acts

(1) No landowner shall use, apply, or cause to be applied, either by ground or aerial equipment, 2,4-D in the formulations described in OAR 603-057-0301 within the area prescribed in OAR 603-057-0305 or within the time period prescribed by OAR 603-057-0310, without first having applied for and received a permit from the Department as provided in OAR 603-057-0320.

(2) No pesticide applicator, pesticide trainee, public applicator, public trainee, or pesticide operator shall use, apply, or cause to be applied, either by ground or aerial equipment, 2,4-D as prescribed in section (1) of this rule without first having received a copy of a valid permit from the landowner as provided in OAR 603-057-0320.

(3) No person shall violate the restrictions or conditions of a permit issued under OAR 603-057-0320.

Stat. Auth.: ORS 561.190, ORS 634.306 & ORS 634.322
Stats. Implemented: ORS 634.306 & ORS 634.322
Hist.: AD 1072(18-75), f. & ef. 12-5-75

603-057-0320

Permits and Applications

(1) Application for a permit to use or apply 2,4-D, otherwise prohibited by the provisions of OAR 603-057-0315, shall be made by a landowner to the Department on forms prescribed by the Department or, should there be insufficient time to utilize the United States mail, be made by a landowner by means of telegram or telephone to the Department. The application shall contain the following:

(a) The name and address of the landowner-applicant;

(b) The names of any authorized agents of the landowner;

(c) The crops to which the pesticide is to be applied;

(d) The amount of acreage to which the pesticide will be applied and the location of such acreage;

(e) The purpose for which the pesticide is to be applied or used;

(f) The amount of the pesticide to be applied, the common or chemical name of the pesticide, and the rate of application per acre;

(g) The name and address of any person other than the landowner intended to apply the pesticide.

(2) Permits shall be on forms prescribed by the Department and, in addition to the information described in section (1) of this rule, shall include a permit number, dates of issuance and expiration, and any special restrictions and conditions on the use or application being permitted.

(3) The person to whom a permit is issued shall retain a copy of the same until 60 days after the expiration date of such permit, and shall deliver a copy of such permit to any other person applying or causing application of the pesticide who shall also retain his copy of the permit until 60 days after the expiration date of such permit.

(4) Permits shall only be issued upon the determination by the Department that the use or application of the pesticide is for the eradication or control of sagebrush or rabbit brush, and upon the further determination of the Department that the geography, time periods, and climatic conditions would reasonably allow the use or application of the pesticide withoutsubstantial adverse effects upon grapes. (continued)