Loading
 

 

Oregon Bulletin

August 1, 2012

Department of Agriculture, Chapter 603

Rule Caption: Regulation of Egg-Laying Hens Confined in an Enclosure.

Adm. Order No.: DOA 20-2012

Filed with Sec. of State: 7-3-2012

Certified to be Effective: 7-3-12

Notice Publication Date: 4-1-2012

Rules Adopted: 603-018-0000, 603-018-0005, 603-018-0010, 603-018-0015, 603-018-0020, 603-018-0025

Subject: ORS Oregon Law 2011 Chapter 436 (ORS 632.840) requires the Oregon Department of Agriculture to develop administrative rules for the management of egg-laying hens housed in cages and to regulate the distribution of eggs and egg products within Oregon. These rules provide clarity on the standards that must be met for egg laying hens in cages, the requirements for distribution of eggs and egg products in Oregon, how to provide proof of meeting such standards, responsibilities of distributors and purchasers of eggs and egg products and what information is to be included in Farm Business Plans. These rules also include enforcement alternatives, civil penalty implementation and department access and subpoena authority.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-018-0000

Definitions

For purposes of OAR 603-018-0003 to 603-018-0013:

(1) “Commercial egg-laying farm” means any commercial farm as defined in Oregon Laws 2011 Chapter 436 that has caged egg-laying hens at any one location or in multiple locations.

(2) “Director” means the Director of the Oregon Department of Agriculture or the Director’s authorized deputies or officers.

(3) “Distribute” means to import, consign, sell, offer for sale, barter, exchange or otherwise facilitate the supplying of eggs or egg products into or within Oregon.

(4) “Distributor” means the first person that distributes egg or egg products into or within Oregon.

(5) “Enforcement” means any documented action taken by the department to address a violation.

(6) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies.

(7) “Sell” or “Sale” means to sell, offer for sale, expose for sale, or have in possession for sale.

(8) “Violation” is an act or omission that does not comply with a provision of Oregon Laws 2011 Chapter 436 or the administrative rules developed thereunder.

(9) “House Average” means a method of determining space allowance for hens by taking the total square inches of cage floor space within a layer house, divided by the number of hens in that house at the time of housing.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0005

Poultry Husbandry, Cage Size Standards for Egg Laying Hens

An owner or operator of a commercial egg-laying farm in Oregon may not confine an egg-laying hen in an enclosure that fails to comply with the following standards:

(1) Any enclosure constructed or otherwise acquired prior to December 31, 2003 must provide a minimum “house average” space allowance of 67 square inches of floor space per hen for White Leghorns, and 76 square inches of floor space per hen for Brown Egg Layers.

(2) Any enclosure constructed or otherwise acquired after December 31, 2003, but prior to January 1, 2012 must provide a minimum of 67 square inches of floor space per hen for White Leghorns, and 76 square inches of floor space per hen for Brown Egg Layers.

(3) Any enclosure constructed or otherwise acquired after January 1, 2012 must meet, or be convertible into enclosures that provides a minimum space allowance as follows:

(a) Enclosures must provide a minimum of 67 square inches of floor space per hen for White Leghorns, and 76 square inches of floor space per hen for Brown Egg Layers; and

(b) Must be convertible to an enclosure that allows a minimum of 116.3 square inches of floor space per hen, including nest, and not less than 17.7 inches of height; or

(c) Must allow a minimum of 116.3 square inches of floor space per hen, including nest, and not less than 17.7 inches of height.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0010

Standards for, and Documentation of, Production and Distribution of Eggs and Egg Products

(1) All eggs produced in a commercial egg-laying farm in Oregon or eggs or egg products distributed into or within Oregon must be from hens, that if confined during the production of the eggs, where in an enclosure that complies with OAR 603-018-0001 through 603-018-0007.

(2) Prior to distributing any eggs or egg products into, or within, this state, any person other than the retail end-user of shell eggs, must provide documentation to the ODA that the eggs or egg products originated from hens confined in an enclosure during the production of the eggs complies with OAR 603-018-0007(1). This documentation may include a copy of current UEP certification, AHA certification, or certification by an independent third party approved by the Director and show that the eggs or egg products were produced consistently with 603-018-003.

(3) If the documentation required in OAR 603-018-0007(2) of this section is not on file with ODA as a part of a Farm Business Plan as required in 603-018-0009, then prior to distributing any eggs or egg products in Oregon, a distributor of eggs or egg products must complete and submit to the ODA documentation establishing current UEP certification, AHA certification, or a notarized letter from an independent third party approved by the Director, certifying that the eggs or egg products were produced consistently with 603-018-0003.

(4) The documentation required by OAR 603-018-0007(2) must be submitted annually to the ODA.

(5) Any Oregon purchaser, other than the retail end-user of shell eggs, of eggs or egg products must maintain receipts or other documentation identifying each and every distributor from whom they received eggs, or egg products. Receipts or other documentation must be maintained for a period of three (3) years and made available to the ODA upon request.

(6) Eggs or egg products that are certified per section OAR 603-018-0007(2) of this section may not be sold in Oregon if they are comingled with non-certified eggs or egg products.

(7) A person may not fail, or refuse to submit documentation that eggs, or egg products sold in Oregon were produced consistently with the requirements in OAR 603-018-001 through 603-018-0007. Failure, or refusal to submit documentation to the department may result in an enforcement action including civil penalty.

(8) A person may not fail to possess, or refuse, to possess or maintain records as required in OAR 603-018-0007(4) of this section. Failure to possess, or refusal to possess and maintain documentation as required may result in an enforcement action including civil penalty.

(9) A person may not distribute eggs or egg products into or within Oregon that the person knows, or reasonably should know are a product of an egg-laying hen that has been confined in an enclosure that fails to comply with Oregon Laws 2011 Chapter 436 or OAR 603-018-0003. Any such distribution may result in an enforcement action including civil penalty.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0015

Commercial Egg-Laying Farm Business Plans

(1) Beginning July 1, 2012, upon renewal of an annual “Egg Breaker” or “Egg Handler” license issued by the ODA, all commercial egg laying farms in Oregon must submit to the department a Farm Business Plan describing the manner by which they intend to comply with 2026 conversion goals as outlined in Section 9 of Oregon Laws 2011 Chapter 436.

(2) If a commercial egg-laying farm in Oregon does not hold an “Egg Breaker” or “Egg Handler” license, a Farm Business Plan may be submitted to the department annually beginning July 1, 2012.

(3) A Farm Business Plan must include:

(a) Identification of the commercial egg-laying farm location(s) including address, contact information, signature of principal owner(s) or their authorized representative.

(b) The date the plan was written.

(c) A copy of a current UEP or AHA certification, or a notarized letter of certification by an independent third party approved by the Director that verifies that the eggs, or egg products are produced from hens, that if confined during the production of the eggs, where in an enclosure that complies with OAR 603-018-0001 through 603-018-0007.

(d) Percentage of total egg-laying hen capacity that currently meet, or exceed, UEP standards or standards described in OAR 603-018-0001 through OAR 603-018-0007.

(e) Percentage of total egg-laying hen capacity that meet, or exceed, AHA Enriched Colony Housing standards. The sum of (d) and (e) must equal 100%.

(f) Brief narrative explaining how the farm intends to meet the anticipated replacement timeline for the conversion of enclosures to enclosures that provide at a minimum 116.3 square inches of floor space per hen, including nest, and not less than 17.7 inches of height.

(4) Each person submitting a Farm Business Plan must maintain adequate documentation to support the information provided in the plan. These documents must be made available to the ODA upon its request.

(5) Verification of the information contained in a Farm Business Plan may be accomplished by physical inspection of the commercial egg-laying farm by the Director.

(6) A person may not fail or refuse to submit a Farm Business Plan as required in this section. Failure or refusal to submit a Farm Business Plan as required in this section is a violation subject to enforcement actions, up to and including civil penalty.

(7) A person may not fail or refuse to maintain adequate documentation to substantiate information contained in a Farm Business Plan. Failure or refusal to maintain, or provide, such documentation is a violation subject to enforcement actions, up to and including civil penalty.

(8) The department may request information to be included in a Farm Business Plan as deemed necessary to administer and enforce Oregon Laws 2011 Chapter 436 and the rules adopted thereunder.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0020

Department Access, Subpoena Authority

(1) As authorized by ORS 561.275 the State Department of Agriculture may have access at reasonable times to records, premises, materials or conveyances as necessary for the purpose of administering and enforcing Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

(2) The department may obtain a subpoena to require the production of pertinent records related to the administration and enforcement of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0025

Enforcement and Civil Penalties Generally

(1) In addition to any other penalty provided by law, the Director may assess a civil penalty not to exceed $2,500 for each violation of any provision of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

(2) In addition to a civil penalty or any other penalty provided by law, the department is not precluded from utilizing other enforcement alternatives. Enforcement alternatives may include, but are not limited to, letter of advisement, notice of violation, or other non-civil penalty action as authorized by law and as deemed necessary to attain compliance.

(3) Civil penalties are subject to ORS 183.745 and shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12


 

Rule Caption: Consolidates Immediately Supervised Pesticide Trainee licenses, adds recordkeeping requirements, clarifies supervision.

Adm. Order No.: DOA 21-2012

Filed with Sec. of State: 7-10-2012

Certified to be Effective: 7-10-12

Notice Publication Date: 5-1-2012

Rules Amended: 603-057-0006, 603-057-0120, 603-057-0135, 603-057-0150, 603-057-0500, 603-057-0525

Subject: The proposed amendments to the OAR 603-057 listed above remove and amend outdated administrative rule language, update and streamline processes and procedures regarding implementation of pesticide licensing, certification, recertification and enforcement as authorized by ORS 634. The deletions and changes do not effectively change the manner in which pesticide applicators, pesticide consultants or private applicators are licensed, accomplish recertification, or other aspects of licensing. The General Standards of Pesticide Applicator Competence, the Private Applicator Standards of Competence will now clearly include pesticide drift related mitigation measures. The educational sessions identified as CORE, will now clearly include the topics of pesticide drift related mitigation measures and pest resistance prevention. The inclusion of drift mitigation measures in the standard of competence for Pesticide Applicators will also apply to Pesticide Consultants by reference.

 The proposed amendments to OAR 603-057-0500 and 603-057-0525 add a definition of a school and clearly allow the Department to take enforcement action appropriate for the exposure scenario presented when a pesticide application results in inappropriate pesticide residues on school property (pesticide drift).

 The Agency supports the changes.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-057-0006

Pesticide Registration Fees

The annual registration fee for each pesticide product shall be $160.

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; DOA 21-2012, f. & cert. ef. 7-10-12

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, vegetative buffers or other pesticide practices directly relating to protection of water, and existence of plant and/or animal life,;

(d) Methods to minimize pesticide drift and off-target deposition of pesticides, including nozzle selection, calibration, product formulation, product volatility, buffers and barriers, adjuvants, precision application technology, and environmental conditions (wind, inversion, temperature, etc.);

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

(f) 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) The applicant shall be notified within 30 days of taking a written examination, 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 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 an initial 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, the applicant shall be qualified to take the examination again subject to the fee provided in subsection (7) of ORS 634.122.

Stat. Auth.: ORS 561 & 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; DOA 21-2012, f. & cert. ef. 7-10-12

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 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 core pesticide training 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

(5) The core pesticide training 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) Methods to minimize pesticide drift and off-target deposition of pesticides, including nozzle selection, product formulation, product volatility, buffers and barriers, adjuvants, precision application technology, and environmental conditions (wind, inversion, temperature, etc.);

(e) Pest resistance prevention;

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

(g) 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(2).

(7) The Department shall make available to 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.

Stat. Auth.: ORS 561.190 & 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; DOA 21-2012, f. & cert. ef. 7-10-12

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) In the event a pesticide instructional session is desired to be considered for accreditation by an applicant, such applicant shall submit to the Department, or person authorized by the Department, a written request for accreditation not less than 30 days prior to the scheduled session, which written request shall include the agenda and summary of each topic/presentation of the session, the session sponsor, the name and address of the session sponsor, 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 credit hours in length except for computer based trainings as approved by the Department. In the event an instructional session is accredited, the Department shall provide the session instructor or sponsor with attendance certificates to be completed by such instructor or sponsor 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.

(3) 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 & 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; DOA 21-2012, f. & cert. ef. 7-10-12

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) “Gravity of Effect” is the ranking of a violation with respect to its effect, or potential effect, on the public interests reflected in ORS 634. A violation is ranked as high, medium, or low.

(5) “Gross negligence” means an act or omission that does not reflect an exercise of reasonable care under the circumstances and that is characterized by conscious indifference to or reckless disregard of any purpose of the State Pesticide Control Act.

(6) “Injury” includes, but is not limited to, adulteration.

(7) “Intentionally” means the person acts, or fails to act, with a deliberate or an express purpose. For instance, a person acts intentionally when the person either consciously chooses not to determine whether a pesticide label authorizes use of a pesticide on a particular crop, or when the person knows that a pesticide label does not authorize use of the pesticide on a particular crop but still chooses to apply the pesticide to the crop.

(8) “Knowingly” means the person acts, or fails to act, with a practical understanding of, or a distinct skill in, the general activity that was obtained through such means as instruction, study, practice, or experience.

(9) “Magnitude of Violation” is the categorization of a violation in relation to other types of violations after considering its potential to affect the public interests reflected in ORS 634. A violation is categorized as major, moderate, or minor.

(10) “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.

(11) “Violation” is an act or omission that does not comply with a provision of ORS 634 that relates to pesticide application, sale, or labeling.

(12) “Willfully” means the person acted, or failed to act, after calculating and considering the potential effects and consequences.

(13) “Willful misconduct” means an act or omission that is characterized by or resulting from calculation and consideration of effects and consequences, and with awareness that the act or omission will be incompatible with any purpose of the State Pesticide Control Act.

(14) “School” means

(a) A facility operating an Oregon prekindergarten or a federal Head Start program;

(b) A public or private educational institution offering education in all or part of kindergarten through grade 12;

(c) The Oregon School for the Deaf; and

(d) A regional academy operated by the Oregon Youth Authority.

Stat. Auth.: ORS 561, 634 & 183.335(5)
Stats. Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
Hist.: AD 4-1990, f. & cert. ef. 3-16-90; DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09; DOA 6-2009, f. & cert. ef. 5-7-09; DOA 21-2012, f. & cert. ef. 7-10-12

603-057-0525

Civil Penalties; Magnitude of Violation and Gravity of Effect

(1) The Director will consider the magnitude of the violation and its gravity of effect when calculating a civil penalty for a violation.

(a) Determine the magnitude of the violation as specified in subsection (2) of this section.

(b) Determine the gravity of effect pertinent to the violation as specified in subsection (3) of this section.

(2) Magnitude of Violation: Violations are categorized as to their 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 willfully 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, but are not limited to, 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 ester of 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));

(U) Sell, use or remove any pesticide or device subjected to a “stop sale, use or removal” order until the pesticide or device has been released there-from as provided in ORS 634.322(3) (634.372(22));

(V) Other violations with a substantially similar potential to affect the public interests reflected in ORS 634.

(b) Category II (Moderate):

(A) Operate a faulty or unsafe spray apparatus, aircraft or other application device or equipment (ORS 634.372(3));

(B) 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, but are not limited to, 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). Two or three items of required information missing and/or incorrect;

(C) 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, the 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). Two or three items of required information missing and/or incorrectly recorded;

(D) As a pesticide applicator, work or engage in the application of any classes of pesticides without applicator’s license, or apply pesticides which are not specifically authorized by such license (ORS 634.372(8)). Inappropriate license;

(E) 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 — Inappropriate license;

(ii) Employee licensing — Inappropriate license.

(F) As a pesticide trainee, work or engage in the application of any class of pesticides without first obtaining and maintaining a pesticide trainee’s certificate and is otherwise in compliance with the provisions of this chapter (ORS 634.372(10)). Inappropriate license;

(G) Formulate, deliver, distribute, sell or offer for sale any pesticide which has not been registered as required by ORS 634.016 (634.372(17));

(H) Formulate, deliver, distribute, sell or offer for sale any powdered pesticide containing arsenic or any highly toxic fluoride which is not distinctly colored (ORS 634.372(18));

(I) Distribute sell or offer for sale any pesticide except in the manufacturers original unbroken package (ORS 634.372(19));

(J) Other violations with a substantially similar potential to affect the public interests reflected in ORS 634.

(c) Category III (Minor):

(A) 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, but are not limited to, 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). One item of required information missing and/or incorrectly recorded;

(B) As a pesticide operator, public applicator or pesticide applicator not employed by a pesticide operator, refuse or neglect to prepare required pesticides 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, the 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). One item of required information missing and/or incorrectly recorded;

(C) Other violations with a substantially similar potential to affect the public interests reflected in ORS 634.

(3) Gravity of Effect: The Director shall rank the violation as to its gravity of effect. Following are the factors that may be considered in assigning a gravity ranking to a specific violation. The existence of one or more factors determined to be of high level shall result in the gravity being ranked high level. Lacking any factor determined to be high level, the existence of one or more factors determined to be of medium level shall result in the gravity being ranked medium level. Lacking any factor determined to be of high or medium level shall result in the gravity being ranked low level:

(a) Rank — High Level:

(A) Human Threat: Injury or illness occurred which was confirmed by medical evaluation conducted through the Oregon Pesticide Analytical And Response Center to have been caused by the pesticide exposure;

(B) Environmental Threat:

(i) Evidence of injury to crops, wildlife, and/or livestock documented by the Department or other appropriate federal or state agency; or

(ii) Evidence of surface or groundwater contamination documented by the Department or other appropriate federal or state agency.

(C) Pesticide:

(i) Designated as restricted use or highly toxic; or

(ii) Use or distribution halted due to emergency suspension.

(D) Conditions of Usage:

(i) Wide area of application;

(ii) Use in area of high population density (e.g., urban, suburban); or

(iii) Usage resulted in a pesticide residue or metabolite on a food or feed crop, on a raw agricultural commodity, or on a crop having food or feed by-products, and for which there is no tolerance or exemption from tolerance established, or for which the established tolerance was exceeded.

(iv) Usage resulting in a pesticide residue or a metabolite of a pesticide being deposited onto a school as defined in OAR 603-057-0500(14) by a person other than that authorized by the school’s governing body as defined in ORS 634.700(2).

(b) Rank — Medium Level:

(A) Human Threat: Physical irritation occurred which was confirmed by medical evaluation conducted through the Oregon Pesticide Analytical And Response Center to have been caused by pesticide exposure.

(B) Environmental Threat: Symptoms of exposure visible in crops, wildlife, and/or livestock documented by the Department or other appropriate federal or state agency.

(C) Conditions of Usage:

(i) Moderate area of application; or

(ii) Use in area of medium population density.

Stat. Auth.: ORS 561, 634 & 183.335(5)
Stats. Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
Hist.: AD 4-1990, f. & cert. ef. 3-16-90; DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09; DOA 6-2009, f. & cert. ef. 5-7-09; DOA 21-2012, f. & cert. ef. 7-10-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​