Oregon Statutes 634.016 – Registration of pesticides and application devices; fee; contents of application; restriction on pesticide distribution and use; exemptions
(1) Every pesticide, including each formula or formulation, manufactured, compounded, delivered, distributed, sold, offered or exposed for sale in this state shall be registered each year with the State Department of Agriculture.
Terms Used In Oregon Statutes 634.016
- Antidote: means a practical immediate treatment in case of poisoning and includes first-aid treatment. See Oregon Statutes 634.006
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the State Department of Agriculture. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
- Highly toxic: means a pesticide or device determined by the department to be capable of causing severe injury, disease or death to human beings. See Oregon Statutes 634.006
- Registrant: means a person registering any pesticide pursuant to this chapter. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
(2) Every device manufactured, delivered, distributed, sold, offered or exposed for sale in this state shall be registered each year with the department.
(3) The registration shall be made by the manufacturer or a distributor of the pesticide.
(4) The application for registration shall include:
(a) The name and address of the registrant.
(b) The name and address of the manufacturer if different than the registrant.
(c) The brand name or trademark of the pesticide.
(d) A specimen or facsimile of the label of each pesticide, and each formula or formulation, for which registration is sought, except for annual renewals of the registration when the label remains unchanged.
(e) The correct name and total percentage of each active ingredient.
(f) The total percentage of inert ingredients.
(5) The application for registration shall be accompanied by a registration fee to be established by the department for each pesticide and each formula or formulation. The registration fee may not exceed $400 for each such pesticide, or each formula or formulation.
(6) The department, at the time of application for registration of any pesticide or after a declaration of a ground water management area under ORS § 468B.180 may:
(a) Restrict or limit the manufacture, delivery, distribution, sale or use of any pesticide in this state.
(b) Refuse to register any pesticide that is highly toxic for which there is no effective antidote under the conditions of use for which such pesticide is intended or recommended.
(c) Refuse to register any pesticide for use on a crop for which no finite tolerances for residues of such pesticide have been established by either the department or the federal government.
(d) In restricting the purposes for which pesticides may be manufactured, delivered, distributed, sold or used, or in refusing to register any pesticide, give consideration to:
(A) The damage to health or life of humans or animals, or detriment to the environment, that might result from the distribution and use of such pesticide.
(B) Authoritative findings and recommendations of agencies of the federal government and of any advisory committee or group established under ORS § 634.306 (10).
(C) The existence of an effective antidote under known conditions of use for which the material is intended or recommended.
(D) Residual or delayed toxicity of the material.
(E) The extent to which a pesticide or its carrying agent simulates by appearance and may be mistaken for human food or animal feed.
(7) The provisions of this section shall not, except as provided herein, apply to:
(a) The use and purchase of pesticides by the federal government or its agencies.
(b) The sale or exchange of pesticides between manufacturers and distributors.
(c) Drugs, chemicals or other preparations sold or intended for medicinal or toilet purposes or for use in the arts or sciences.
(d) Common carriers, contract carriers or public warehousemen delivering or storing pesticides, except as provided in ORS § 634.322. [1973 c.341 § 7; 1975 c.304 § 9; 1989 c.709 § 3; 1989 c.833 § 66; 2007 c.162 § 1; 2015 c.833 § 18]
[Repealed by 1953 c.118 § 2]