Terms Used In Oregon Statutes > Chapter 634 - Pesticide Control

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Antidote: means a practical immediate treatment in case of poisoning and includes first-aid treatment. See Oregon Statutes 634.006
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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. See Oregon Statutes 634.006

• Department: means the State Department of Agriculture. See Oregon Statutes 634.006
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• 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
• 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. See Oregon Statutes 634.006
• Invitation to bid: means all documents, whether attached or incorporated by reference, used for soliciting bids. See Oregon Statutes 279B.005
• 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. See Oregon Statutes 634.006

• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Minority leader: See Floor Leaders
• 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
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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. See Oregon Statutes 634.006
• 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. See Oregon Statutes 634.006
• 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
• 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
• Procurement description: includes specifications attached to or made a part of the solicitation. See Oregon Statutes 279B.005
• 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. See Oregon Statutes 634.006
• Protected area: means an area established under the provisions of this chapter to prohibit or restrict the application of pesticides. 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 notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
• 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
• Quorum: The number of legislators that must be present to do business.
• Registrant: means a person registering any pesticide pursuant to this chapter. See Oregon Statutes 634.006
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Request for proposals: means all documents, whether attached or incorporated by reference, used for soliciting proposals. See Oregon Statutes 279B.005
• responsible proposer: means a person who meets the standards of responsibility described in ORS § 279B. See Oregon Statutes 279B.005
• Restricted area: means an area established under the provisions of this chapter to restrict, but not prohibit, the application of pesticides. See Oregon Statutes 634.006
• 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. See Oregon Statutes 634.006
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Trainee: means a pesticide trainee, public trainee or noncommercial pesticide trainee. See Oregon Statutes 634.006
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Weed: means any plant that grows where not wanted. See Oregon Statutes 634.006