Oregon Statutes 634.128 – Aerial pesticide applicator certificate; fee
(1) An individual may not spray or otherwise apply a pesticide by aircraft unless the individual holds a valid aerial pesticide applicator certificate issued by the State Department of Agriculture.
Terms Used In Oregon Statutes 634.128
- 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
- Department: means the State Department of Agriculture. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
- 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. 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
- 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. See Oregon Statutes 634.006
(2) The department may issue an aerial pesticide applicator certificate to an individual who:
(a) Is a licensed pesticide applicator, licensed public applicator, licensed noncommercial pesticide applicator or certified private applicator;
(b) Passes a national examination, or other examination approved by the department, testing the knowledge of the individual regarding proper spraying and other application of pesticides by aircraft;
(c) Holds a valid commercial pilot certificate for the type of aircraft to be used by the individual in applying pesticides;
(d) Has 50 or more hours of experience as a licensed pesticide applicator, licensed public applicator, licensed noncommercial pesticide applicator or certified private applicator, or as a pesticide trainee, public trainee or noncommercial pesticide trainee under the supervision of a certified aerial pesticide applicator, on flights conducted for the purpose of carrying out, or training to carry out, spraying or otherwise applying pesticides by aircraft; and
(e) Pays a certificate fee established by the department by rule.
(3) In determining appropriate examinations for approval under subsection (2)(b) of this section, the department shall give consideration to any examination of aerial pesticide applicator competency developed or approved by a national organization of state agencies that regulate agriculture.
(4)(a) The department shall establish a term for aerial pesticide applicator certificates, not to exceed five years. The department shall suspend or revoke the certificate if the certificate holder fails to maintain a valid pesticide applicator license, public applicator license, noncommercial pesticide applicator license or private applicator certificate. Except as provided in paragraph (b) of this subsection, an aerial pesticide applicator certificate may be renewed.
(b) The certificate holder may renew an aerial pesticide applicator certificate only if, during the preceding five years, the holder successfully completed at least 10 credit hours in programs of instruction or educational courses satisfactory to the department and related to the spraying or other application of pesticides by aircraft. In determining whether programs of instruction or educational courses are satisfactory for purposes of this subsection, the department shall consult with professional associations or other organizations serving aerial applicators of pesticides or with a national organization of state agencies that regulate agriculture. The department shall count any credit hours in satisfactory programs of instruction or educational courses described in this subsection toward any instruction or education requirements imposed by the department for the renewal of a pesticide applicator license or noncommercial pesticide applicator license.
(5) If a certificate holder is licensed as a public applicator, the certificate holder may spray or otherwise apply pesticides by aircraft only to properties described in ORS § 634.116 (12). [2015 c.833 § 3; 2015 c.833 § 4; 2022 c.53 § 7]
[Repealed by 1953 c.117 § 2]