Loading (50 kb)...'
(continued)
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
Restrictions on Use or Application of Specific Pesticides
603-057-0325
Sodium Cyanide and M-44 Device
Sodium cyanide and the M-44 device shall be subject to the restrictions and conditions set forth in OAR 603-057-0335 to 603-057-0350.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(5)
Hist.: AD 6-1997, f. & cert. ef. 6-11-97
603-057-0335
Sodium Cyanide and M-44 Device; Restrictions on Use
Only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators in the category specified in OAR 603-057-0115(4)(a), shall be entitled to use sodium cyanide and the M-44 device for the control of coyotes and certain other wild canids.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(13) & ORS 634.322(6)
Hist.: AD 1066(12-75), f. 8-11-75, ef. 10-15-75; AD 7-1977, f. & ef. 4-5-77; AD 1-1982, f. & ef. 3-5-82; AD 12-1985, f. & ef. 11-27-85; AD 6-1997, f. & cert. ef. 6-11-97
603-057-0350
Sodium Cyanide and the M-44 Device; Records and Reports
(1) Public pesticide applicators using sodium cyanide and the M-44 device shall not be required to keep records as specified in ORS 634.146 or OAR 603-057-0130, but instead shall make and maintain records which contain but are not limited to the following:
(a) Species and numbers of animals eradicated, whether target or non-target, and the dates and locations thereof;
(b) Numbers and locations of devices emplaced, with dates of installations and retrievals;
(c) Numbers and locations of warning signs posted;
(d) The name and address of the person on whose property sodium cyanide and the M-44 device was used; and
(e) The name and address of the pesticide applicator.
(2) The records required by section (1) of this rule shall be made available to the Department for inspection and verification. Upon request of the Department, such record information shall be submitted to the Department in the form of periodic reports. Such records shall be maintained by the user for at least three years after the cessation of the user use activity.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(13) & ORS 634.322(6)
Hist.: AD 1066(12-75), f. 8-11-75, ef. 10-15-75; AD 1-1982, f. & ef. 3-5-82; AD 12-1985, f. & ef. 11-27-85; AD 6-1997, f. & cert. ef. 6-11-97
603-057-0355
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar
(1) Sodium fluoroacetate (Compound 1080) and the livestock protection collar shall be subject to the restrictions and conditions set forth in OAR 603-057-0360 to 603-057-0375.
(2) Failure to comply with the restrictions and conditions set forth in OAR 603-057-0360 to 603-057-0375, as determined by the Oregon Department of Agriculture, may be used as a basis for one or more of the following actions:
(a) To revoke, suspend or refuse to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);
(b) To amend, suspend or revoke the registration(s) pertaining to the livestock protection collar in accordance with ORS 634.322(5);
(c) To impose a civil penalty, in accordance with ORS 634.900;
(d) To initiate and pursue any other action of an enforcement nature available through ORS 634.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(13) & ORS 634.322(6)
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 6-1997, f. & cert. ef. 6-11-97
603-057-0360
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Restrictions on Use
(1) Coyotes shall be the only species that may be considered to be a regulated pest, as defined in OAR 603-057-0001(8), and therefore considered to be a target organism, upon which sodium fluoroacetate (Compound 1080) and the livestock protection collar may be used.
(2) Only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, licensed as public pesticide applicators in the subcategory specified in OAR 603-057-0115(4)(b) shall use the livestock protection collar containing sodium fluoroacetate (Compound 1080).
(3) The following shall apply to use of the livestock protection collar containing sodium fluoroacetate (Compound 1080):
(a) Use of collars shall conform to all applicable federal, state and local regulations;
(b) Use of collars shall be limited to appropriate sites within the geographic boundaries of Curry County, Oregon;
(c) Collars shall only be in the possession of the registrant and its employees, except when in use;
(d) Collars shall only be filled with Compound 1080 solution by the manufacturer;
(e) Collars shall be used only to take coyotes that prey upon domestic livestock within fenced pastures no larger than 2,560 acres;
(f) Collars may be used only after a finding by United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control personnel that appropriate non-lethal methods of coyote control, by method, have failed to reduce losses to an acceptable level, and all other available lethal or non-lethal methods have been found to be ineffective or inappropriate;
(g) Prior to use of the livestock protection collar at a particular site, a preapplication inspection report will be completed by the applicator which identifies the following:
(A) Non-lethal techniques utilized at the site, and the reason each one was found to be impractical or unsatisfactory;
(B) Non-lethal techniques considered for the site, and the reason each one was considered impractical or unsatisfactory;
(C) Lethal techniques utilized at the site, and the reason each one was found to be impractical or unsatisfactory;
(D) Lethal techniques considered for the site, and the reason each one was considered impractical or unsatisfactory.
(h) Where collars are in use, each logical point of access shall be conspicuously posted with a bilingual (English/Spanish) warning sign not less than 8" x 10" in size. Such signs shall be inspected weekly to insure their continued presence and legibility, and will be removed when all collars are removed and accounted for;
(i) Each collar in use shall be inspected by the applicator at least twice a week to insure that it is properly positioned and unbroken;
(j) Damaged or broken collars shall be removed from the field and either returned to the manufacturer for repair or disposed of properly;
(k) If a collar is lost, an intensive search for the missing collar shall be conducted within twelve hours from the time the loss is noted. Use of all other collars at the particular site shall be terminated after twelve hours if a search is not conducted for the lost collar and a cause for the loss identified. If the collar is lost due to a deficiency which can be corrected, appropriate corrections will be enacted prior to the continued use of collars on that site;
(l) If a collar is found to have been punctured by a predator attacking a collared animal, an intensive search shall be conducted for the animal which punctured the collar;
(m) Disposal of punctured or unserviceable collars and contaminated animal remains, vegetation and soil shall be accomplished by deep burial or burning at a safe location, preferably on the property of the landowner;
(n) Storage of livestock protection collars containing Compound 1080 shall only be under lock and key in a dry place away from food, feed, domestic animals and corrosive chemicals. Collars shall not be stored in any structure occupied by humans.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(13) & ORS 634.322(6)
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 10-1987, f. & ef. 7-1-87; AD 6-1997, f. & cert. ef. 6-11-97
603-057-0365
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Registrant of Livestock Protection Collars
Only the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control may be the registrant of the livestock protection collar containing the active ingredient sodium fluoroacetate (Compound 1080).
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(13) & ORS 634.322(6)
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 6-1997, f. & cert. ef. 6-11-97
603-057-0375
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Records and Reports
(1) Public pesticide applicators using the livestock protection collar shall not be required to keep records as specified in ORS 634.146 or OAR-603-057-0130, but instead shall make and maintain records which contain but are not limited to the following:
(a) The name and address of the person on whose property the livestock protection collar was used and the name and address of the public pesticide applicator;
(b) The location and size of agricultural or rangeland areas (fields) in which the livestock protection collars containing sodium fluoroacetate (Compound 1080) were used;
(c) The date each individual collar was obtained by the applicator, placed on livestock, punctured or ruptured (along with apparent cause), lost or unrecovered, or removed and put in storage;
(d) The species, date, and location of each animal found poisoned or suspected of having been poisoned as a result of the use of Compound 1080 in livestock protection collars;
(e) A written description of any intensive search for missing collars or poisoned animals conducted as specified in OAR 603-057-0360(3)(j) and (k).
(2) The registrant shall keep records of all collars distributed. Records shall include the name and address of each recipient along with dates and numbers of collars received.
(3) The records required by sections (1) and (2) of this rule shall be maintained by the applicator for a period of three years and shall be made available to the Department for inspection and verification upon request of the Department. This record information shall be submitted to the Department and the U.S. Environmental Protection Agency in the form of periodic reports. Any poisoning of non-target species shall be reported immediately (within three days) to the U. S. Environmental Protection Agency and the Department. Each accident or injury to humans or domestic animals shall likewise be reported.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306(13) & ORS 634.322(6)
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 6-1997, f. & cert. ef. 6-11-97; AD 6-1997, f. & cert. ef. 6-11-97
Restrictions on Microencapsulated Methyl Parathion
603-057-0376
Microencapsulated Methyl Parathion
(1) Microencapsulated methyl parathion shall be subject to the restrictions and conditions on the use thereof as set forth in this rule.
(2) In recognition of the possible injurious or adverse effects to bees from their exposure to miroencapsulated methyl parathion, such insecticide:
(a) Shall not be applied on any field crop having an average of five or more blooms per square yard for the area to be sprayed;
(b) Shall not be applied to any corn crop having ten percent or more of its plants with spike anthers;
(c) Shall not be applied on any orchard or vineyard having an average of one or more open blooms per tree or vine (except second bloom of pears); and
(d) Shall not be applied on any field crop, orchard, vineyard, fence line, ditch bank or edge of agricultural land, having an average of five or more weed blooms per square yard.
(3) The following applications of microencapsulated methyl parathion shall be exempt from the restrictions of section (2) of this rule; if such applications are made in accordance with the label directions for such insecticide, and if such label is a part of the federal and state registrations of such pesticide:
(a) Applications on tree fruit in the "Hood River-The Dalles" growing areas made at least 30 days after full bloom of the Red Delicious apples and made not less than 14 days prior to harvest of such tree fruit (the date of Red Delicious apple "full bloom" for any particular area shall be established by the Department, in consultation with the Oregon State University Extension Service Agent for such particular area);
(b) Applications on wheat in growing areas east of the Cascade Mountain Range, during the fall and winter seasons of each year;
(c) Applications on dry onions when such applications are made by ground equipment; and
(d) Applications on white-blooming peas.
(4) Microencapsulated methyl parathion is a highly toxic pesticide and therefore is also subject to the restrictions set forth in OAR 603-057-0200.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306 & ORS 634.322
Hist.: AD 19-1978, f. & ef. 12-11-78
603-057-0378
Limitations on Pesticide Products Containing Clopyralid
(1) Any application or use of a pesticide product known to contain the active ingredient clopyralid to a location other than an agricultural, forest, right-of way, golf course or cemetery site is prohibited.
(2) For the application or use of a pesticide product containing clopyralid on a site allowed under (1) above, all applicable label instructions must be followed. Providing grass clippings or other materials from a treated site for use in compost is prohibited.
(3) Pesticide products known to contain the active ingredient clopyralid and having product labeling which authorizes application or use on an agricultural, forest, right-of way, golf course or cemetery site, or on any other site, may be registered and distributed during 2003. For 2004 and subsequent years, a pesticide product known to contain the active ingredient clopyralid must satisfy one of the following requirements in order to be registered:
(a) The label must specify that the product may only be used on sites allowed by (1) above; or
(b) The label must clearly and prominently display the following statement: "Use of this product in Oregon is limited to the sites stated on this label which are agricultural, forest, right-of-way, golf course or cemetery sites."
(4) Failure to comply with sections (1), (2), or (3) above may result in one or more of the following actions:
(a) Revocation, suspension or refusal to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);
(b) Imposition of a civil penalty, in accordance with ORS 634.900;
(c) Any other enforcement action authorized under ORS 634.
Stat. Auth.: ORS 634.322(6), ORS 634.026(1e)
Stats. Implemented: ORS 634
Hist.: DOA 14-2003(Temp), f. & cert. ef. 3-28-03 thru 9-24-03; DOA 26-2003, f. & cert. ef. 7-15-03
603-057-0384
Persistent, Bioaccumulative, and Toxic (PBT) Polutants
(1) The following pesticide active ingredients, previously canceled by the United States Environmental Protection Agency, have been designated as "high priority" persistant, bioaccumulative and toxic pollutants (PBTs) by the Oregon Department of Environmental Quality:
(a) Aldrin;
(b) Chlordane;
(c) Dichlorodiphenyl trichloroethane (DDT), DDD, DDE;
(d) Dieldrin ;
(e) Hexachlorobenzene;
(f) Mercury based pesticides including, but not limited to, mercurous; chloride and mercuric chloride
(g) Mirex;
(h) Toxaphene.
(2) In addition to the "high priority" active ingredients listed in (1), the following pesticide active ingredients, having been previously canceled by the United States Environmental Protection Agency have been identified as persistant, bioaccumulative and toxic pollutants (PBTs).
(a) Heptachlor;
(b) 2,4,5-Trichlorophenol.
(3) Any application or use of a pesticide product known to contain one or more of the active ingredients identified in (1) or (2) above is herewith prohibited.
(4) Failure to comply with the prohibition specified in (3) above, as determined by the Oregon Department of Agriculture, may be used as a basis for one or more of the following actions
(a) To revoke, suspend or refuse to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);
(b) To impose a civil penalty, in accordance with ORS 634.900;
(c) To initiate and pursue any other action of an enforcement nature available through ORS 634.
Stat. Auth.: ORS 634
Stats. Implemented: ORS 634
Hist.: DOA 23-2000(Temp), f. 8-28-00, cert. ef. 8-28-00 thru 2-10-01; DOA 31-2000, f. & cert. ef. 11-7-00
Reporting Pesticide Use
603-057-0405
General Requirements
As specified by Oregon Laws 1999, Chapter 1059, Sections 2 to 11, 15, 20, 21 and 22, each pesticide user must report to the Oregon Department of Agriculture the use of any pesticide product, as defined by ORS 634.006(8) except antimicrobial pesticide products.
(1) "Pesticide user" means any person who uses or applies a pesticide in the course of business or any other for-profit enterprise, or for a governmental entity, or in a location that is intended for public use or access (Chapter 1059, Oregon Laws 1999, Section 2).
(2) The Oregon Department of Agriculture shall determine which pesticide products are antimicrobial, according to the Federal Insecticide, Fungicide and Rodenticide Act, 7 U. S. C. 136(1) (P.L. 92-516, as amended). Antimicrobial products are substances or mixtures of substances used to destroy or suppress the growth of harmful microorganisms, whether bacteria, viruses, or fungi, on inanimate objects and surfaces. Types of antimicrobial pesticides include disinfectants and sanitizers. These products are exempt from reporting.
(3) Pesticide use reporting shall be subject to the conditions set forth in OAR 603-057-0410. Failure to comply with these conditions may be used as a basis for one or more of the following actions:
(a) Revoke, suspend, or refuse to renew the license or certificate of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);
(b) Initiate and pursue any other action of an enforcement nature available through ORS 634.
(4) "Accredited University" as used in Oregon Laws 1999, Chapter 1059 and these rules means a privately or publicly operated institution of higher education accredited by a nationally recognized accrediting agency or association as determined by the U.S. Commissioner of Education.
(5) "Accepted Research Institute" means an institution of higher learning and applied science accepted by the Department.
(6) "Principal Investigator" means a person who leads the activities of a particular research project. In a university setting, this person is a member of the university faculty, and holds, at a minimum, the title or rank of assistant professor or equivalent.
(7) "Ready to Use" pesticide product means a pesticide product used directly from its original container, consistent with labeling, and without dilution or mixing prior to application.
(8) "Researcher" has the same meaning as "Principal Investigator". In a university setting, researcher refers to faculty scientists concentrating on certain areas of applied science or basic research.
(9) "Urban area" means a site that is 'urban, general indoor" as specified in OAR 603-057-0413(7), or a site that is "urban, general outdoor' as specified in OAR 603-057-0413(8).
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0410
Pesticide Users Required to Report
(1) All pesticide products used by each pesticide user shall be reported at least once yearly to the Department. All pesticide use in a given calendar year shall be reported no later than January 31 of the following calendar year. A pesticide user may report the use of pesticide products on a more frequent basis if so selected by the pesticide user. Each report will include the required pesticide use information for the preceding specified period, or since the most recent filing of a pesticide use report, whichever time period is shorter.
(2) No action specified in OAR 603-057-0405(3) shall be taken for failure to report pesticide use for calendar year 2002, 2003, 2004, 2005, or 2006, or for any calendar year in which the Department does not provide a fully effective means for pesticide users to report pesticide use. Any pesticide use information obtained from pesticide users by the Department, by any means, for calendar year 2002, 2003, 2004, 2005 or 2006 will not be maintained by the Department and will not be made available to any person.
(3) Commercial pesticide operators are required to file the pesticide use report when a commercial pesticide operator uses a pesticide product in the course of business.
(4) All agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, schools and utilities are required to file the pesticide use report when a pesticide product is used by their employees.
(5) Employers are required to file the pesticide use report when an employee uses a pesticide product as an employee in the scope of his or her employment.
(6) All other pesticide users, other than as described in subsection (3), (4) or (5) of this section, using a pesticide product, are required to file the pesticide use report.
(7) Reports of pesticide use shall be made to the Department using forms or methods specified by the Department.
(8) A pesticide user may authorize another person, or persons, to serve as his/her agent(s) or proxy(ies) in filing pesticide use information with the Department.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 23-2002(Temp), f. 12-2-02., cert. ef. 12-4-02 thru 6-1-03; DOA 16-2003(Temp), f. & cert. ef. 4-22-03 thru 10-18-03; DOA 37-2003, f. & cert. ef. 10-15-03; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0411
Pesticide User Information
(1) Before filing pesticides use reports with the Department, each pesticide user shall register with the Department. The Department will record the pesticide user identification information identified below in a database separate from the database used to record reported pesticides use information. The Department will assign to each registered pesticide user a unique identification number. The pesticide user shall use the assigned identification number when filing pesticides use reports with the department.
(2) The following information regarding identification of a pesticide user shall be provided to the Department for the purpose of registering each pesticide user and assigning a unique identification number to each pesticide user.
(a) Identification of the pesticide user required to file the report, which shall be either:
(A) The name of the pesticide user; or
(B) The name of the agency, instrumentality, subdivision, county, city, town, municipal corporation, district, governmental body, school or utility; or
(C) The name of the employer; or
(D) The name of the person using the pesticide.
(b) The mailing address of the pesticide user named, including street or postal address, city, state and five-digit ZIP code.
(c) The telephone number of the pesticide user named.
(d) The facsimile (fax) number of the pesticide user named, if available.
(e) The electronic mail (e-mail) address of the pesticide user named, if available.
(f) The name of the responsible person filing the report for the pesticide user named, if different from the pesticide user named.
(g) The telephone number of the responsible person filing the report for the pesticide user named, if different from the telephone number already provided.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0412
Pesticide Product Identification; Date of Use; Amount
Each report of pesticide use shall include the following information regarding the identification and amount of pesticide product used:
(1) The name of the specific pesticide product used.
(2) The United States Environmental Protection Agency (EPA) registration number of the specific pesticide product used, or, if the product does not have an EPA registration number, the identification number assigned to the product by the Department.
(3) The date the pesticide product was used. If the product was used at a single site or type of site having the same five digit zip code or third-level hydrologic unit location on multiple days in a calendar month, only the date for the last day of the use is to be reported.
(4) The amount of the undiluted pesticide product used, including the appropriate units of measure.
(5) If the product is a "Ready to Use" product then the date of use is the day when the product container is emptied or disposed, and the amount used is the total amount stated on the label.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0413
Description of the Type of Site Where the Pesticide Was Used
Each report of pesticide use shall include a general description of the type of site where the pesticide was used. Site descriptions must be chosen from the list of options developed by the Department. Site descriptions, at a minimum, will identify the major site at which the pesticide was applied. Major categories shall include, but not be limited to, the following:
(1) Agriculture. This shall include the use of pesticides in the production of agricultural crops and livestock (including Christmas tree plantations and commercial nurseries), or on agricultural commodities before movement into channels of commerce, or on agricultural lands, grasslands, or non-crop agricultural lands
(2) Aquatic. This shall include the use of pesticides in treating standing or running water. Examples of sites include irrigation ditch, lake, or river.
(3) Forestry. This shall include the use of pesticides in the production of forest crops, or on forestry lands (not including Christmas tree plantations or commercial nurseries).
(4) Public health and regulatory pest control. This shall include the use of pesticides for the control of any pest that may be deleterious to the public health, including mosquito and other vector and regulatory pest control.
(5) Right-of-Way. This shall include the use of pesticides in right-of-way areas. Examples of sites include irrigation ditch banks, railroads, road shoulders, or utility lines.
(6) Research. This shall include the use of one or more specific pesticides with the intent of gathering data needed to satisfy registration requirements of the United States Environmental Protection Agency. If the research is not conducted by a government agency, the pesticide use shall be under the authority of an "experimental use permit" issued by the United States Environmental Protection Agency or issued by the Department.
(7) Urban, general indoor sites. This shall include the use of pesticides inside dwellings, non-agricultural buildings, establishments, institutions, schools and commercial transportation vehicles. This shall also include the use of pesticides on commodities, including agricultural commodities stored indoors that have entered into channels of commerce, including commercial warehouses and commercial grain elevators.
(8) Urban, general outdoor sites. This shall include the use of pesticides outside dwellings, non-agricultural buildings, establishments, institutions, or schools for ornamental and turf pest control, including parks, rest areas, and golf courses. This shall also include the use of pesticides on commodities, including agricultural commodities stored outdoors that have entered into channels of commerce.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0414
Description of the Purpose of Pesticide Use
Each report of pesticide use shall include a general description of the purpose for the pesticide use. The purpose for the use must be chosen from the list of options developed by the Department. The purpose description, at a minimum, will identify the most applicable major category description for the pesticide use. Major categories include, but are not limited to, the following:
(1) Weed control;
(2) Insect control;
(3) Disease control;
(4) Rodent control;
(5) Big game repellant;
(6) Predator control;
(7) Plant growth regulation;
(8) Marine-fouling organism control;
(9) Wood preservation;
(10) Bird control;
(11) Desiccation and defoliation;
(12) Fish control;
(13) Research; and
(14) Slug Control.
Stat. Auth.: ORS 634, ORS 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0415
Location of Pesticide Use; Aggregation of Information
Each report of pesticide use shall include the following information regarding the location of a pesticide use made by the pesticide user:
(1) For uses made to a site in an urban area as defined in OAR603-057-0405(9), the location shall be reported by identifying the five-digit zip code for the site.
(2) For uses made to any site not in an urban area as defined in OAR 603-057-0405(9), the location shall be reported by identifying the third-level hydrologic unit for the site.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0416
Reports of Pesticide Use for Research
If the description of pesticide use is "Research" as specified in OAR 603-057-0413(6), then each report of pesticide use shall include the following information:
(1) Identification of the pesticide user filing the report, including the information required in OAR 603-057-0411.
(2) The name of the specific pesticide product used.
(3) The United States Environmental Protection Agency (EPA) registration number of the specific pesticide product used, or, if the product does not have an EPA registration number, the identification number assigned to the product by the Department or the identification number of the product recognized by the Department.
(4) The identification of the purpose of the pesticide use shall be reported as research.
(5) The description of the site at which the pesticide product was used shall be reported as research.
(6) The location at which the pesticide product was used shall be reported by identifying the third-level hydrologic unit for the site.
(7) The date the pesticide product was used shall be reported as the last day of the calendar month of the use.
(8) The amount of the undiluted pesticide product used in the calendar month, including the appropriate units of measure.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0417
Access to Reported Information
(1) Some information reported to the Department by pesticide users is prohibited from release to the public according to Oregon Laws 1999, Chapter 1059. Information that would reveal the identity of the owner or lessee or the specific location of property where a person has applied a pesticide is prohibited from public release.
(2) Pesticide use information reported under Oregon Laws 1999, Chapter 1059 may be released to certain persons, provided those persons maintain the confidentiality of any information that is required to be treated as confidential. Persons who may receive this information are limited to the following;
(a) Staff of the Department or other federal or state agency which require the information as part of an investigation conducted under provision of law; or
(b) A federal, state or local agency; or
(c) A health or environmental researcher, acting in an official capacity from an accredited university or accepted research institute.
(3) A federal, state or local agency must agree to maintain the confidentiality of the information identified in subsection (1) of this section, unless the public interest, by clear and convincing evidence, requires disclosure in the particular instance.
(4) Any person that releases, or causes to be released, to the public information made confidential by Oregon Laws 1999, Chapter 1059 may be subject to civil penalty as described in OAR 603-057-0420. The agency, university, or research institute employing or retaining such person or for which such person is acting in an official capacity, may also be subject to civil penalty as described in 603-057-0420.
(5) In addition, if a person causes information identified as confidential to be released or who fails to preserve the confidentiality shall be denied all future access to confidential data collected under 603-057-0410 through 603-057-0416.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
603-057-0418
Requests for Pesticide Use Information
(1) An agency seeking confidential information shall make a formal written request to the Department that shall:
(a) Identify the requesting agency.
(b) Identify the Principal Investigator for the agency.
(c) Describe the information sought.
(d) Explain the reason for requesting the information, including the use that will be made of the requested information.
(e) Include a completed and signed confidentiality agreement prepared by the Department.
(f) Identify each person having access to the information, and the position of each person within the agency.
(g) Identify the person responsible for maintaining the security of the information.
(h) Explain the procedures by which the requesting agency will assure the confidentiality of the information.
(2) A health or environmental researcher acting in an official capacity from an accredited university seeking confidential information shall make a formal written request to the Department that shall:
(a) Describe the information sought.
(b) Describe the research being conducted, including identity of the Principal Investigator, purpose of the research and the use that will be made of the requested information.
(c) Include a copy of the university's formal review and signed acceptance of the research project.
(d) Include a completed and signed confidentiality agreement prepared by the Department.
(e) Identify each person having access to the information, and the position of each person within the university.
(f) Describe the procedures by which the requesting researcher and university will assure the confidentiality of the information.
(3) A health or environmental researcher acting in an official capacity from an accepted research institute seeking access to confidential information shall make a formal written request to the Department which shall be equivalent in content to (2) above.
(4) The Department will consider each request for pesticide use information, as described in (1), (2) and (3) above, as follows:
(a) The Department will respond to the request within 30 days of receipt of the request.
(b) The Department, in its discretion, may request more detailed explanations in the request for information before considering it.
(c) If the request is approved, the requested information may be released to the requestor. The Department will release only the information that is directly pertinent to the research project or agency need. Information will be released in a manner that achieves the highest level of confidentiality but still provides pertinent data.
(e) If the request is denied, the requester will be informed of the basis for denial.
(5) Any breach of the confidentiality agreement as determined by the Department, may result in a civil penalty as set forth in 603-057-0420.
Stat. Auth.: ORS 634, ORS 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0420
Civil Penalty Determination for Failure to Comply with Confidentiality Agreement
When the Department has determined that a violation of 603-057-0417 has occurred the Director shall calculate the amount of the civil penalty to be assessed utilizing the formula: BN+(0.1xBN) (T+D) = Penalty Amount where:
(1) B = Base fine, the primary fine for violating the confidentiality agreement. This base amount is set at $2,000
(2) N = Number of times, including the current violative act, that the person has been determined by the Department to have committed this violative act.
(3) T = Preventability of violation and whether negligence or misconduct was involved. T will be weighted from 0 to 7 in the following way:
(a) 0 = information is insufficient to make any finding;
(b) 3 = the person's actions determined to be violative were reasonably avoidable;
(c) 7 = the person's actions determined to be violative were flagrant.
(4) D = Direct release of confidential information. D will be weighted from 0 to 5 in the following way:
(a) 0 = information is insufficient to make any finding;
(b) 1 = information protected under 603-057-0417 was not directly released, but the information released was sufficient to allow a reasonable determination of the protected information;
(c) 3 = either the identity of the owner or lessee of a specific property, or the address of the property itself where a pesticide had been applied was directly released;
(d) 5 = both the identity of the owner or lessee of a specific property and the address of the property itself where a pesticide had been applied was directly released.
Stat. Auth.: ORS 634, ORS 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0425
Household Pesticide Use Information
According to Chapter 1059, Oregon Laws 1999, Section 4 (5), the Department is to develop a mechanism(s) to identify the use of pesticides by households. The following rules shall apply;
(1) The Department shall utilize a survey. Such a survey shall have the following characteristics:
(a) Be statistically valid such that information obtained from participating households can be used to accurately estimate pesticide use by all households;
(b) Gathers information similar in content to information reported by pesticide users; and
(c) Includes the entire state.
(2) The Department may utilize the assistance of other agencies, including federal, state and local, and of private entities in developing, implementing and maintaining a mechanism to identify pesticide use by households.
Stat. Auth.: ORS 634, 561.190 & Ch. 1059 OL 1999
Stats. Implemented: Ch. 1059 OL 1999
Hist.: DOA 27-2001, f. & cert. ef. 12-4-01; DOA 11-2006, f. & cert. ef. 4-12-06
Civil Penalties for Violations of ORS Chapter 634
603-057-0500
Definitions
In addition to the definitions set forth in ORS 634.006 and OAR 603-057-0001, the following shall apply:
(1) "Director" means the Director of the Department of Agriculture or the Director's authorized deputies or officers.
(2) "Enforcement" means any documented action taken by the department to address a violation.
(3) "Flagrant" means any violation where the department has documented evidence that the respondent had actual knowledge of the law and knowingly committed the violation.
(4) "Magnitude of Violation" means the seriousness of a violation with respect to how it is categorized by the department. The prohibited acts under ORS 634.372 shall be categorized as either Category I: Major violations, Category II: Moderate violations, and/or Category III: Minor violations.
(5) "Person" includes individuals, corporations, associations, firms, joint stock companies, public and municipal corporations, political subdivisions of the state and any agencies thereof, and the Federal Government and any agency thereof.
(6) "Violation" is the commission of any prohibited act specified under ORS 634.372.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.006, ORS 634.306 & ORS 634.372
Hist.: AD 4-1990, f. & cert. ef. 3-16-90
603-057-0505
Consolidation of Proceedings
Notwithstanding that each and every violation is a separate and distinct act and in cases of continuing violations, each day's continuance is a separate and distinct violation, proceedings for the assessment of multiple civil penalties for multiple violations against a person may be consolidated into a single proceeding.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306
Hist.: AD 4-1990, f. & cert. ef. 3-16-90
603-057-0510
Notice of Violation and Assessment of Civil Penalties
(1) Notice of violation shall inform a person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance.
(2) The Director shall prescribe a reasonable time for the elimination of a violation.
(3) Violations occurring after the time prescribed for the elimination of the violation shall be considered repeat violations.
(4) Civil penalties shall be due and payable when the person incurring the penalty receives a notice in writing from the Director.
(5) Notice of violation shall be in writing and shall be sent by registered or certified mail. The notice shall include, but not be limited to:
(a) A reference to the particular section of the statute and/or administrative rule involved;
(b) A short and plain statement of the matters asserted or charged;
(c) A statement of the amount of the penalty or penalties imposed, and how it was calculated;
(d) A statement of the person's right to request a hearing within ten business days of mailing of the notice and an explanation of how a hearing may be requested;
(e) A statement that the notice becomes a final order unless the person upon whom the civil penalty is assessed makes a written request for a hearing within ten business days from the date of mailing of the notice.
(6) A civil penalty imposed under the applicable statutes and these rules may be remitted or reduced at the Director's discretion upon such terms and conditions that are proper and consistent with public health and safety.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306, ORS 634.372 & ORS 634.915
Hist.: AD 4-1990, f. & cert. ef. 3-16-90
603-057-0515
Hearing Procedures
All hearings shall be conducted pursuant to the applicable contested case procedures as outlined in ORS 183.310 to 183.550, and the Attorney General's Uniform and Model Rules of Procedure (OAR Chapter 137, 1989).
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306
Hist.: AD 4-1990, f. & cert. ef. 3-16-90
603-057-0520
Entry of Order and Appeal Rights
(1) If a person, having received a notice of violation, fails to request a hearing as specified in OAR 603-057-0510(5)(d), or if after the hearing the person is found to be in violation of the provisions of these rules, an order may be entered by the department assessing a civil penalty.
(2) The order shall be signed by the Director or his/her designate.
(3) If the order is not appealed, any penalty is payable ten business days after the entry of the order.
(4) The order, if not appealed or not sustained on appeal, shall constitute a judgment and may be recorded with the county clerk in any county of this state. The penalty provided in the order so recorded becomes a lien upon the title of any interest and real property in the county owned by the person against whom the order is entered.
Stat. Auth.: ORS 561 & ORS 634
Stats. Implemented: ORS 634.306
Hist.: AD 4-1990, f. & cert. ef. 3-16-90
603-057-0525
Civil Penalty Schedule Matrix
(1) In addition to any other penalty provided by law, the Director may assess a civil penalty for violation of any provision of ORS 634 relating to pesticide application, sale or labeling. The amount of any civil penalty shall be determined using the following matrix in conjunction with the formula contained in OAR 603-057-0530(4). The amount identified by the matrix for a specific situation shall be considered the base penalty (B).
GRAVITY Magnitude
High
Medium
Low
Category I
$370
$300
$200
Category II
$300
$200
$100
Category III
$200
$100
$ 50
The amount of an initial civil penalty shall not exceed $1,000 and any subsequent civil penalties for a repeat occurrence of the same prohibited act under ORS 634.372 shall not exceed $2,000 per violation.
(2) Magnitude of Violation: The commission of any prohibited act specified under ORS 634.372 has been determined to be a violation of ORS Chapter 634 subject to a civil penalty. The commission of each prohibited act has been categorized as to its magnitude of violation as follows:
(a) Category I (Major):
(A) Make false or misleading claims through any media, relating to the effect of pesticides or application methods to be utilized (ORS 634.372(1));
(B) As a pesticide applicator or operator intentionally or wilfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling (ORS 634.372(2));
(C) As a pesticide consultant recommend the application or use of any pesticide inconsistent with its labeling (ORS 634.372(2));
(D) As a pesticide dealer knowingly distribute any pesticide for application or use inconsistent with its labeling (ORS 634.372(2));
(E) Perform pesticide application activities in a faulty, careless or negligent manner (ORS 634.372(4));
(F) As a pesticide dealer refuse or neglect to prepare required records of restricted use and highly toxic pesticide product sales and to maintain those records for at least three years prior to the date of inspection, which include the purchaser's name, address and certification number, sale date, and identification and quantity of product sold (ORS 634.372(5), OAR 603-057-0140). Four or more items of required information missing and/or incorrectly recorded;
(G) As a pesticide operator, public applicator or pesticide applicator not employed by a pesticide operator, refuse or neglect to prepare required pesticide application records, and to maintain those records for at least three years prior to the date of inspection, which include the name of the employer or customer, location, date, approximate time application was made, supplier and identity of product applied, amount of product applied, the specific property or the crop to which application was made, type of application equipment used, and the full name of the applicator or trainee who made the application (ORS 634.372(5); 634.146(1); OAR 603-057-0130). Four or more items of required information missing and/or incorrectly recorded;
(H) Prepare required records, reports or application forms which are false, misleading or fraudulent (ORS 634.372(6));
(I) Operate pesticide applicators' apparatus, machinery or equipment without a licensed pesticide applicator or certified private applicator performing the actual application, or supervising such application if performed by a pesticide trainee (ORS 634.372(7));
(J) As a pesticide applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicator's license, or apply pesticides which are not specifically authorized by such license (ORS 634.372(8)). No license;
(K) As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying pesticides on the property of another, without first obtaining and maintaining a pesticide operator's license, nor shall such person engage in a class of pesticide application business which is not specifically authorized by the license issued by the department. Further, no such person shall employ or use any person to apply or spray pesticides who is not a licensed pesticide applicator or pesticide trainee (ORS 634.372(9)):
(i) Firm licensing -- No license;
(ii) Employee licensing -- No license.
(L) As a pesticide trainee, work or engage in the application of any class of pesticides without first obtaining and maintaining a pesticide trainees license and is otherwise in compliance with the provisions of this chapter (ORS 634.372(10). No license;
(M) Act as or purport to be, a pesticide dealer or advertise as such without first obtaining and maintaining a pesticide dealer's license (ORS 634.372(11));
(N) Act as or purport to be a pesticide consultant without first obtaining and maintaining a pesticide consultant's license (ORS 634.372(12));
(O) Apply any pesticide classified as a restricted-use or highly toxic pesticide to agricultural, horticultural or forest crops on land owned or leased by the person without first obtaining and maintaining a private applicator certificate (ORS 634.372(13));
(P) As a person described in ORS 634.106(5), use power-driven pesticide application equipment or devices (use hand or backpack types only), or use or apply any pesticide other than those prescribed by the department (ORS 634.372(14));
(Q) Deliver, distribute, sell or offer for sale any pesticide which has been misbranded (ORS 634.372(15));
(R) Formulate, deliver, distribute, sell or offer for sale any pesticide which is adulterated (ORS 634.372(16));
(S) Make application of pesticides, by aircraft or otherwise, within a protected or restricted area without first obtaining a permit for such application from the committee of the protected or restricted area in which the application is to be made, nor shall such person make such an application contrary to the conditions or terms of the permit so issued (ORS 634.372(20));
(T) Use isopropyl esterof 2,4-D, or any other ester of equal or higher volatility with regard to plant damage as determined by the department, without first obtaining a permit for such use as provided in ORS 634.322(10); 634.372(21)); (continued)