Oregon Statutes 634.106 – Applicability of ORS 634.112 to 634.126 and 634.146
ORS § 634.112 to 634.126 and 634.146 shall not apply to:
Terms Used In Oregon Statutes 634.106
- applicator: means an individual who:
(a)(A) Is using, spraying or applying restricted-use or highly toxic pesticides; or
(B) Is spraying or applying pesticides for others;
(b) Is authorized to work for and is employed by a pesticide operator; and
(c) Is in direct charge of or supervises the spraying or other use of pesticides or operates, uses, drives or physically directs propulsion of equipment, apparatus or machinery during the spraying or other application of pesticides, either on the ground or, if certified under ORS § 634. See Oregon Statutes 634.006
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pesticide operator: means a person who owns or operates a business engaged in the application of pesticides upon the land or property of another. See Oregon Statutes 634.006
- Public applicator: means an individual who is an employee of the State of Oregon or its agencies, counties, cities, municipal corporations, other governmental bodies or subdivisions thereof, irrigation districts, drainage districts and public utilities and telecommunications utilities, or of an Indian tribe, and who performs or carries out the work, duties or responsibilities of a pesticide applicator. See Oregon Statutes 634.006
(1) Manufacturers of materials engaged in research or experimental work on pesticides.
(2) Persons engaged in the business of a pesticide operator or applicator only in the application of any pollenicide.
(3) Persons licensed as veterinarians under ORS Chapter 686 who are engaged in the practice of veterinary medicine within the scope of their veterinary medicine practice and employees of licensed veterinarians when acting within the scope of their employment.
(4) A farmer or forestland owner applying pesticides, other than restricted-use pesticides, by use of equipment of the farmer or forestland owner for others on an occasional basis not amounting to a principal or regular occupation, if the farmer does not publicly hold out as a pesticide applicator and if the pesticides that are applied are furnished by the owner of the land on which such pesticides are applied.
(5) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides but whose main or principal work or business is the maintenance of small or home lawns, shrubs or gardens.
(6) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides and whose principal activity or business as related to pesticides is selling pesticides or selling or leasing equipment.
(7) Railroads, to the extent that the application of pesticides is by their regular employees, on land or property under their ownership, supervision, control or jurisdiction, except that if power-operated spray equipment is used for applying volatile herbicides, the application shall be under the direct supervision of a licensed public applicator. [1973 c.341 § 22; 1995 c.360 § 1; 2001 c.307 § 1]
[Repealed by 1953 c.117 § 2]