As used in this chapter unless the context requires otherwise:

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(1) ‘Antidote’ means a practical immediate treatment in case of poisoning and includes first-aid treatment.

(2) ‘Brand’ or ‘trademark’ means any word, name, symbol or any combination thereof adopted or used by a person to identify pesticides manufactured, compounded, delivered, distributed, sold or offered for sale in this state and to distinguish them from pesticides manufactured, compounded, delivered, distributed, sold or offered for sale by others.

(3) ‘Department’ means the State Department of Agriculture.

(4) ‘Device’ means any instrument or contrivance containing pesticides or other chemicals intended for trapping, destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the department, but does not include equipment used for the application of pesticides or other chemicals when sold separately from such pesticides or chemicals.

(5) ‘Highly toxic’ means a pesticide or device determined by the department to be capable of causing severe injury, disease or death to human beings.

(6) ‘Indian tribe’ means a federally recognized Indian tribe in Oregon, provided that the tribe engages in applicable pesticide use on lands other than Indian country, as defined in 18 U.S.C. § 1151.

(7) ‘Landowner’ means a person:

(a) Owning three acres or more within a proposed protected area; and

(b) In the case of multiple ownership of land:

(A) Whose interest is greater than an undivided one-half interest in the land; or

(B) Who holds an authorization in writing from one or more of the other owners whose interest, when added to the interest of the person, are greater than an undivided one-half interest in the land.

(8) ‘Noncommercial pesticide applicator‘ or ‘noncommercial applicator’ means:

(a) An individual who uses or supervises the use of any restricted-use pesticide or highly toxic pesticide on land or property owned or leased by the individual or the employer of the individual, except for an individual who performs the work, duties or responsibilities of a private applicator or a public applicator; or

(b) An individual who owns or is employed by a private school and who performs or carries out the work, duties or responsibilities of a pesticide applicator at the school’s campus, as defined in ORS § 634.700.

(9) ‘Noncommercial pesticide trainee‘ means an individual who is working and engaged in a training program under a special certificate to qualify as a noncommercial pesticide applicator and who performs or carries out the work, duties or responsibilities of a pesticide trainee.

(10) ‘Person’ means:

(a) A person as defined in ORS § 174.100;

(b) A public body as defined in ORS § 174.109;

(c) The federal government or any of its agencies; and

(d) An Indian tribe.

(11) ‘Pesticide’ includes:

(a) ‘Defoliant’ which means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission;

(b) ‘Desiccant’ which means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;

(c) ‘Fungicide’ which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus;

(d) ‘Herbicide’ which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed;

(e) ‘Insecticide’ which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever;

(f) ‘Nematicide’ which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes;

(g) ‘Plant regulator’ which means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation or to otherwise alter the behavior of ornamental or crop plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; or

(h) Any substance, or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other form of plant or animal life which is, or which the department declares to be a pest, which may infest or be detrimental to vegetation, humans, animals, or be present in any environment thereof.

(12) ‘Pesticide applicator’ or ‘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 § 634.128, by aircraft.

(13) ‘Pesticide consultant’ means a person who offers or supplies technical advice, supervision, aid or recommendations to the user of pesticides classified by the department as restricted-use or highly toxic pesticides, whether licensed as a pesticide dealer or not.

(14) ‘Pesticide dealer’ means a person who sells, offers for sale, handles, displays or distributes any pesticide classified by the department as a restricted-use or highly toxic pesticide.

(15) ‘Pesticide equipment’ means any equipment, machinery or device used in the actual application of pesticides, including aircraft and ground spraying equipment.

(16) ‘Pesticide operator’ means a person who owns or operates a business engaged in the application of pesticides upon the land or property of another.

(17) ‘Pesticide trainee’ means an individual who:

(a) Is employed by a pesticide operator; and

(b) Is working and engaged in a training program under special certificate to qualify as a pesticide applicator.

(18) ‘Private applicator’ means an individual who uses or supervises the use of any pesticide, classified by the department as a restricted-use or highly toxic pesticide, for the purpose of producing agricultural commodities or forest crops on land owned or leased by the individual or the employer of the individual.

(19) ‘Professed standard of quality’ means a plain and true statement of the name and percentage of each active ingredient and the total percentage of all inert ingredients contained in any pesticide.

(20) ‘Protected area’ means an area established under the provisions of this chapter to prohibit or restrict the application of pesticides.

(21) ‘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.

(22) ‘Public trainee’ 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 trainee.

(23) ‘Registrant’ means a person registering any pesticide pursuant to this chapter.

(24) ‘Restricted area’ means an area established under the provisions of this chapter to restrict, but not prohibit, the application of pesticides.

(25) ‘Restricted-use pesticide’ means any pesticide or device that the department has found and determined to be so injurious or detrimental to humans, pollinating insects, bees, animals, crops, wildlife, land or environment, other than the pests it is intended to prevent, destroy, control or mitigate, that additional restrictions are required.

(26) ‘Trainee’ means a pesticide trainee, public trainee or noncommercial pesticide trainee.

(27) ‘Weed’ means any plant that grows where not wanted. [1973 c.341 § 3; 1987 c.447 § 134; 2015 c.833 § 12; 2021 c.177 § 1; 2022 c.53 § 4; 2023 c.45 § 1]

[1995 s.s. c.3 § 38a; repealed by 1996 c.10 § 3 (634.055 enacted in lieu of 634.007)]

[1995 s.s. c.3 § 38b; repealed by 1996 c.10 § 5 (634.057 enacted in lieu of 634.009)]

[Repealed by 1953 c.118 § 2]

[1995 s.s. c.3 § 38c; repealed by 1996 c.10 § 7 (634.060 enacted in lieu of 634.011)]

[1973 c.341 § 2; renumbered 634.005 in 1995]

[1995 s.s. c.3 § 38d; repealed by 1996 c.10 § 9 (634.063 enacted in lieu of 634.013)]

[1995 s.s. c.3 § 38e; repealed by 1996 c.10 § 11 (634.065 enacted in lieu of 634.015)]

REGISTRATION, LABELING AND USE