Oregon Pest Control Licensing Law

Oregon Code · 48 sections

The following is the full text of Oregon’s pest control licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 18.993

18.993, a certificate holder, as defined in ORS 18.960, is solely liable for all assessments that come due during the redemption period.

�� (5) For purposes of ORS 94.550 to 94.783, when the redemption period described in ORS 18.964 ends and the claimant has not redeemed the lot, the certificate holder is deemed the owner of a lot sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985. [1999 c.677 �32; 2003 c.569 �18; 2015 c.120 �5]

�� 94.715 [Repealed by 1971 c.478 �1]

�� 94.716 Lien against two or more lots; release. If a lien against two or more lots of the planned community becomes due, whether the lien is perfected before or after establishment of the planned community, the owner of an affected lot may pay the lienholder the portion of the lien attributable to the lot. Upon receipt of payment, the lienholder promptly shall deliver to the owner a release of the lien as to that lot. The amount of the payment shall be proportionate to the ratio which that owner�s common expense liability bears to the common expense liabilities of all owners whose lots are subject to the lien. After payment, the association may not assess or have a lien against that owner�s lot for any portion of the common expense liability representing the lien. This section applies to all liens except a mortgage. [1981 c.782 �45]

�� 94.719 Lien foreclosure; other legal action by declarant, association or owner; attorney fees. In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 to 94.783 or the declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1999 c.677 �33; 2001 c.756 �23; 2007 c.409 �17]

�� 94.720 [Repealed by 1971 c.478 �1]

�� 94.723 Common expenses; liability of first mortgagee. If a first mortgagee acquires a lot in a planned community by foreclosure or deed in lieu of foreclosure, the mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser. [1981 c.782 �46; 1999 c.677 �27]

�� 94.725 [Repealed by 1971 c.478 �1]

�� 94.728 Taxation of lots and common property. (1) Each lot in a planned community constitutes for all purposes a separate parcel of real estate and shall be separately taxed and assessed.

�� (2) No separate tax or assessment may be levied against any common property which a declarant has reserved no right to develop into additional lots.

�� (3) The declarant alone is liable for payment of taxes or assessments on any portion of the common property of a planned community in which the declarant has reserved the right to develop the property into additional lots, until the right terminates or expires, or is exercised, abandoned or relinquished.

�� (4) If the right described under subsection (3) of this section terminates or expires or is abandoned or relinquished before July 1 of any year, no tax or assessment shall be imposed against the portion of the common property so affected for the next tax year beginning on July 1. [1981 c.782 �34]

�� 94.730 [Repealed by 1971 c.478 �1]

�� 94.733 Easements held by owner of lot and by declarant; homeowners association access to lots. (1) Subject to ORS 94.665, each owner of a lot has an easement through the common property:

�� (a) For access to the owner�s lot; and

�� (b) For use of the common property consistent with the declaration and the bylaws.

�� (2) Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant�s obligations or exercising any special declarant right.

�� (3) If an encroachment results from construction, reconstruction, repair, shifting, settlement or movement of any portion of the planned community, an easement for the encroachment exists to the extent that any lot or common property encroaches on any other lot or common property. An easement continues for maintaining the encroachment so long as the encroachment exists. Nothing in this section relieves an owner of liability in case of the owner�s willful misconduct or relieves a declarant or any other person of liability for failure to adhere to the plat of the planned community.

�� (4)(a) Upon request given to the owner and any occupant, any person authorized by a homeowners association may enter a lot:

�� (A) To perform necessary maintenance, repair or replacement of any property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or ORS 94.550 to 94.783; or

�� (B) To make emergency repairs to a lot that are necessary for the public safety or to prevent damage to common property or to another lot.

�� (b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create a right of action in the owner of the lot. [1981 c.782 �33; 2009 c.641 �16]

�� 94.740 [1981 c.782 �74; repealed by 1999 c.677 �72]

�� 94.745 [1981 c.782 �78; repealed by 1999 c.677 �72]

�� 94.750 [1981 c.782 �76; 1983 c.740 �8; repealed by 1999 c.677 �72]

�� 94.755 [1981 c.782 �82; repealed by 1999 c.677 �72]

(Miscellaneous)

�� 94.760 Promotional material showing possible improvements. If a declarant makes no commitment in the declaration to build an improvement or specifically states in the declaration that the declarant makes no commitment either to build or not to build the improvement, no person may display or deliver promotional material to prospective purchasers which describes or portrays the improvement unless the description or portrayal is conspicuously labeled �POSSIBLE Improvement.� [1981 c.782 �79]

�� 94.761 Legislative findings regarding electric vehicle charging stations. (1) The Legislative Assembly finds and declares that:

�� (a) The purpose of ORS 94.762 is to facilitate the installation of an electric vehicle charging station by an owner in a planned community for the owner�s personal residential use.

�� (b) Oregon courts have identified the following factors in determining whether personal property is a fixture:

�� (A) Whether the personal property is physically annexed to the real property;

�� (B) Whether the personal property is specifically adapted to the property; and

�� (C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.

�� (c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.

�� (2) Unless an owner and the homeowners association, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 94.762 on or before June 4, 2015, is deemed to be the personal property of the owner of the lot with which the charging station is associated. [2015 c.249 �2]

�� 94.762 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community:

�� (a) An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owner.

�� (b) A homeowners association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.

�� (2) When the owner complies or agrees to comply with the requirements of this section, a homeowners association, or a declarant in lieu of the association, shall approve a completed application within 60 days after the owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.

�� (3) A homeowners association:

�� (a) May require an owner to submit an application before installing a charging station.

�� (b) May require the charging station to meet the architectural standards of the planned community.

�� (c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

�� (d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.

�� (4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act, at a minimum, as a journeyman electrician.

�� (5) The owner is responsible for:

�� (a) All costs associated with installation and use of the charging station, including:

�� (A) The cost of electricity associated with the charging station; and

�� (B) The cost of damage to common property and to areas subject to the exclusive use of other owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

�� (b) Disclosure to a prospective buyer of the lot of the existence of the charging station and the related responsibilities of the owner under this section.

�� (6) If the homeowners association reasonably determines that the cumulative use of electricity in the planned community attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the planned community a sufficient supply of electricity, the association may assess the cost of the additional improvements against the lot of each owner that has installed, or will install, a charging station.

�� (7) Unless the owner and the homeowners association, or the declarant in lieu of the association, negotiate a different outcome:

�� (a) A charging station installed under this section is deemed to be the personal property of the owner of the lot with which the charging station is associated; and

�� (b) The owner must remove the charging station and restore the premises to the condition before installation of the charging station before the owner may transfer ownership of the lot, unless the prospective buyer of the lot accepts ownership of the charging station and all rights and responsibilities that apply to the charging station under this section.

�� (8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.

�� (b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the owner of the lot owns the charging station, the owner shall:

�� (A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

�� (B) Name the homeowners association as a named additional insured under the policy with a right to notice of cancellation of the policy.

�� (9) In any action between an owner and a homeowners association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 �3; 2015 c.249 �3]

�� 94.763 Association use of pesticides on lots; notice to owners; owner opt out. (1) As used in this section, �pesticide� has the meaning given that term in ORS 634.006.

�� (2) A homeowners association must provide, upon an owner�s request, notice to the owner of:

�� (a) The dates and times that the association plans to apply a pesticide to the owner�s property; and

�� (b) The means by which the owner may exclude the owner�s property from the application of the pesticide under subsection (3) of this section.

�� (3) An association may not require an owner to apply a pesticide and shall allow any owner to exclude the owner�s property from the landscaping activities of the association that include application of a pesticide, except to the extent a pesticide or other pest management practice is necessary to manage or prevent a pest issue that could harm ecological or public health.

�� (4) An owner�s exclusion from the application of a pesticide under subsection (3) of this section is an assumption of the landscaping responsibility by the owner, and the association may enforce against the responsible owner reasonable standards for landscaping that allow for consistent appearances within the community.

�� (5) A provision in a governing document inconsistent with this section is against the policy of this state to support public health, safety and welfare and is void and unenforceable. [2021 c.64 �2]

�� 94.764 Changes or actions that require approval or consent of mortgagee. (1) Notwithstanding a contrary provision of a declaration or bylaws of a homeowners association, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request.

�� (2) The request must:

�� (a) Be in writing.

�� (b) Name the mortgagor.

�� (c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 or by address.

�� (d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage.

�� (e) Be delivered to the mortgagee by certified or registered mail, return receipt requested. [2011 c.532 �6]

�� 94.765 [1981 c.782 �81; repealed by 1999 c.677 �72]

�� 94.770 Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration�s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65. (1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS 94.630.

�� (2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS

ORS 182.462

182.462 (1)(e), the board shall deposit moneys received as fees or civil penalties into the account created by the board pursuant to ORS 182.470. [2005 c.609 �6; 2011 c.110 �5]

�� 671.660 Renewal of licenses; effect of lapse; penalty fees. (1) The fee for renewal of a license issued under ORS 671.510 to 671.760 shall be paid annually on or before the last day of the month of the anniversary of issuance.

�� (2) The State Landscape Contractors Board may not issue a new license to a person who has been previously licensed under ORS 671.510 to 671.760 and whose license has expired, unless the person makes written application on a form approved by the board and pays the required annual fee. The board may require the person to also pay a penalty fee.

�� (3) If a license lapses for two years or more, the person must reapply as for initial issuance of the license.

�� (4) When a landscape contracting business renews its license, the business must submit the names of all employees who are licensed landscape construction professionals.

�� (5) When a person renews a landscape construction professional license, the person must:

�� (a) Submit the name of the employer if the person is currently performing landscaping work; and

�� (b) Demonstrate that the person has complied with the continuing education requirement adopted by the board. [1971 c.764 �18; 1973 c.832 �35; 1977 c.873 �5; 1983 c.452 �14; 2001 c.409 �8; 2007 c.550 ��3,6]

�� 671.670 Rulemaking authority. In accordance with any applicable provision of ORS chapter 183, the State Landscape Contractors Board may adopt rules the board considers reasonable for the administration and enforcement of ORS 671.510 to 671.760 and 671.997. [1971 c.764 �19; 1981 c.536 �26; 2005 c.609 �17]

�� 671.675 [1987 c.461 �7; repealed by 1995 c.645 �6]

�� 671.676 Continuing education; rules. (1) The State Landscape Contractors Board shall adopt rules establishing continuing education requirements for landscape construction professionals. A continuing education requirement adopted by the board must equal or exceed:

�� (a) Sixteen hours of continuing education during a two-year period for a landscape construction professional who has six years or less of experience as an active licensee on the beginning date of the period; or

�� (b) Eight hours of continuing education during a two-year period for a landscape construction professional who has more than six years of experience as an active licensee on the beginning date of the period.

�� (2) The board may approve programs for purposes of continuing education for landscape construction professionals and determine the number of hours to be credited to the programs. The board shall ensure that continuing education opportunities for landscape construction professionals are readily available.

�� (3) Programs approved by the board for continuing education purposes must be designed to directly contribute to the professional competency of landscape construction professionals. Approved programs may include, but need not be limited to:

�� (a) Professional development programs and technical meetings of professional associations for landscape contracting businesses or for related industries such as pesticide application or irrigation auditing;

�� (b) University or college courses related to landscaping or horticulture;

�� (c) Professional staff training programs by associations of landscape construction professionals; and

�� (d) Online or other forms of educational programs.

�� (4) The board may adopt rules establishing grounds for obtaining a waiver of the continuing education requirements for landscape construction professionals. The board may not allow a waiver for consecutive two-year periods except for a waiver due to military service, retirement, disability, absence from the state, inactive status or extreme hardship. [2007 c.550 �2; 2007 c.550 �5; 2015 c.672 �12]

�� 671.680 [1971 c.764 �21; repealed by 1975 c.757 �8]

�� 671.681 Advisory and technical committees. (1) To aid and advise the State Landscape Contractors Board in the performance of the functions of the board, the board administrator may establish such advisory and technical committees as the administrator considers necessary. These committees may be continuing or temporary. The administrator shall determine the representation, membership, terms and organization of the committees and shall appoint their members. The administrator is an ex officio member of each committee.

�� (2) Members of the committees are not entitled to compensation, but the board may fix and pay to the committee members from the funds available to the board per diem and actual and necessary travel and other expenses incurred by the committee members in the performance of their official duties. [2007 c.399 �1]

�� Note: 671.681 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 671 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Claims)

�� 671.690 Surety bond, letter of credit or other security. (1) An applicant for a license as a landscape contracting business or a licensed landscape contracting business shall file with the State Landscape Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The amount of the bond or letter of credit must be $20,000.

�� (2) The bond or letter of credit must be conditioned that the applicant or licensed landscape contracting business pays:

�� (a) All taxes and contributions due to the State of Oregon;

�� (b) All persons furnishing labor or material, or renting or supplying equipment to the applicant or licensed landscape contracting business;

�� (c) All amounts that may be adjudged against the applicant or licensed landscape contracting business by reason of negligent or improper work or breach of contract in performing any work subject to ORS 671.510 to 671.760; and

�� (d) All amounts from the bond, letter of credit or deposit the board orders paid under ORS

ORS 184.628

184.628.

�� (2) �Commission� means the Oregon Transportation Commission.

�� (3) �Department� means the Department of Transportation.

�� (4) �Director� means the Director of Transportation.

�� (5) �Federal funds� means any funds provided by the United States for cooperative road work with states, counties, cities or other municipal subdivisions of the state under Acts of Congress enacted for those purposes.

�� (6) �Highway� means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

�� (7) �Highway fund� means the State Highway Fund.

�� (8) �State highway� means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways.

�� (9) �This Act� means this chapter and ORS 105.760, 373.010, 373.015, 373.020 and 373.030. [Amended by 1969 c.599 �16; 1973 c.249 �28; 1979 c.186 �8; 1989 c.904 �34; 1993 c.741 �34; 2003 c.618 �44]

�� 366.010 �County court� and �road� or �highway� defined. As used in this Act:

�� (1) �County court� includes all county officers or boards charged by law with the duty of building, constructing, repairing, altering or maintaining roads or bridges, or both.

�� (2) �Road� or �highway� includes necessary bridges and culverts, and city streets, subject to such restrictions and limitations as are provided.

�� 366.015 [Repealed by 2015 c.138 �9]

�� 366.105 [Amended by 1969 c.599 �17; 1971 c.598 �1; 1973 c.249 �29; 1979 c.186 �9; repealed by 1993 c.741 �147]

�� 366.110 [Amended by 1969 c.314 �29; repealed by 1973 c.249 �91]

�� 366.112 Bicycle lane and path advisory committee; members, terms, duties and powers; meetings. (1) There is created in the Department of Transportation an advisory committee to be appointed by the Governor to advise the department regarding the regulation of bicycle traffic and the establishment of bicycle lanes and paths. The committee shall consist of eight members including an employee of a unit of local government employed in land use planning, a representative of a recognized environmental group, a person engaged in the business of selling or repairing bicycles, a member designated by the Oregon Recreation Trails Advisory Council, and at least one member under the age of 21 at the time of appointment. Members of the advisory committee shall be entitled to compensation and expenses as provided by ORS 292.495.

�� (2) The members shall be appointed to serve for terms of four years each. A vacancy on the committee shall be filled by appointment by the Governor for the unexpired term.

�� (3) The committee shall meet regularly four times a year, at times and places fixed by the chairperson of the committee. The committee may meet at other times upon notice by the chairperson or three members of the committee. The department shall provide office space and personnel to assist the committee as requested by the chairperson, within the limits of available funds. The committee shall adopt rules to govern its proceedings and may select officers it considers necessary. [1973 c.716 �1; 1993 c.741 �35]

Note: 366.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.115 [Repealed by 1973 c.249 �91]

�� 366.120 [Repealed by 1973 c.249 �91]

�� 366.125 [Repealed by 1973 c.249 �91]

�� 366.130 [Repealed by 1971 c.418 �23]

�� 366.135 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

�� 366.140 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

�� 366.145 [Amended by 1971 c.598 �2; 1973 c.249 �30; 1979 c.186 �10; repealed by 1993 c.741 �147]

�� 366.150 [Amended by 1971 c.598 �3; 1973 c.249 �31; renumbered 184.626 in 2017]

�� 366.155 Duties and powers of department regarding highways; assistance to counties and State Parks and Recreation Department. (1) The Department of Transportation shall, among other things:

�� (a) So far as practicable, compile statistics relative to the public highways of the state and collect all information in regard thereto which the Director of Transportation may deem important or of value in connection with highway location, construction, maintenance, improvement or operation.

�� (b) Keep on file in the office of the department copies of all plans, specifications and estimates prepared by the department.

�� (c) Make all necessary surveys for the location or relocation of highways and cause to be made and kept in the department a general highway plan of the state.

�� (d) Collect and compile information and statistics relative to the mileage, character and condition of highways and bridges in the different counties in the state, both with respect to state and county highways.

�� (e) Investigate and determine the methods of road construction best adapted in the various counties or sections of the state, giving due regard to the topography, natural character and availability of road-building materials and the cost of building and maintaining roads under this Act.

�� (f) Prepare surveys, plans, specifications and estimates for the construction, reconstruction, improvement, maintenance and repair of any bridge, street, road and highway. In advertising for bids on any such project the director shall invite bids in conformity with such plans and specifications.

�� (g) Keep an accurate and detailed account of all moneys expended in the location, survey, construction, reconstruction, improvement, maintenance or operation of highways, roads and streets, including costs for rights of way, under this Act, and keep a record of the number of miles so located, constructed, maintained or operated in each county, the date of construction, the width of such highways and the cost per mile for the construction and maintenance of the highways.

�� (h) Upon request of a county governing body, assist the county on matters relating to road location, construction or maintenance. Plans and specifications for bridges or culverts that are provided under this paragraph shall be provided without cost to the 10 counties with the lowest ratio of road miles maintained by each county to registered vehicles. Standard specifications for road projects shall be provided without cost to all counties. The Department of Transportation shall determine an amount to be charged for assistance under this paragraph in establishing specifications and standards for roads under ORS 368.036. The costs of assistance not specifically provided for under this paragraph shall be paid as provided by agreement between the county governing body and the director.

�� (i) Upon request of the State Parks and Recreation Department, assist the State Parks and Recreation Department in evaluating the potential need for construction, reconstruction, improvement, maintenance or operation of highways, roads and streets that would result if the State Parks and Recreation Commission acquired and developed a new historic site, park or recreation area under the criteria established pursuant to ORS 390.112 or any other criteria for acquisition established by the State Parks and Recreation Commission.

�� (2) The director may require duties with respect to audits and accounting procedures provided for in this section and ORS 366.165 to be performed and responsibilities to be assumed by the fiscal officer of the department appointed under ORS 184.637.

�� (3) In carrying out the duties set forth in this section, the director shall act in a manner that is consistent with the goal set forth in ORS 468B.155. [Amended by 1967 c.454 �33; 1971 c.598 �4; 1973 c.249 �32; 1981 c.153 �60; 1989 c.345 �6; 1989 c.833 �49; 1993 c.741 �36; 1995 c.79 �201; 1999 c.1038 �1; 2003 c.618 �22; 2017 c.750 �74; 2018 c.93 �7]

�� 366.157 Program for prevention and cleanup of litter and vandalism. The Department of Transportation shall administer a program for the involvement of youth in the prevention and cleanup of litter and vandalism. [Formerly 802.080; 2007 c.667 �5; 2009 c.463 �12]

�� 366.158 Adopt-a-Highway Program; rules. (1) As used in this section:

�� (a) �Noxious weeds� means any weed the State Department of Agriculture designates by rule as a noxious weed.

�� (b) �Pesticide� has the meaning given that term in ORS 634.006.

�� (2) The Department of Transportation shall administer a program aimed toward beautifying and cleaning state roadsides. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteer groups in litter cleanup work and removal of noxious weeds on a specific section of highway. The program shall be called the Oregon Adopt-a-Highway Program. Moneys for the program shall be provided from funds available to the department. The department may adopt any rules it considers necessary for implementation of the Oregon Adopt-a-Highway Program.

�� (3) An agreement entered into between the department and a volunteer group pursuant to subsection (2) of this section shall include but need not be limited to:

�� (a) Identification of the designated section of highway. The volunteer group may request a specific section of highway it wishes to adopt, but the assignment shall be at the discretion of the department.

�� (b) Specification of the duties of the volunteer group. The group shall choose one or both of the following activities:

�� (A) Removal of litter along the designated section of highway at least four times each year.

�� (B) Removal of noxious weeds, along the designated section of highway at least twice each year, using a method other than pesticide and in accordance with rules adopted by the State Department of Agriculture.

�� (c) Specification of the responsibilities of the volunteer group. The group shall agree to abide by all rules related to the program that are adopted by the department.

�� (d) Duration of the agreement. The volunteer group may contract to care for the designated section of highway for one, two or three years.

�� (4) A sign identifying the group and recognizing the group�s contribution shall be placed by the department at each end of the section of highway adopted by the group unless the department determines that doing so would be unsafe to persons using the highway.

�� (5) The department shall provide reflective vests, garbage bags and highway signs for the participating volunteer groups. [1991 c.486 �2; 2009 c.547 �1]

�� 366.159 Vegetation control permit; fee. (1) The Department of Transportation may issue a vegetation control permit to a person who holds a sign permit issued pursuant to ORS 377.700 to 377.844. A vegetation control permit authorizes the holder of the permit to control vegetation in the right of way of a state highway, in accordance with the provisions of this section, in order to keep the sign visible to the traveling public.

�� (2) The department may not issue a vegetation control permit for a scenic area as defined in ORS 377.505.

�� (3) The department may not issue a vegetation control permit for the right of way of a portion of state highway that is access controlled, or for which access rights have not accrued to the abutting property unless:

�� (a) Access to the right of way is from the abutting property; and

�� (b) The access does not breach, violate, destroy or otherwise diminish the effectiveness or purpose of fences or other physical barriers to the right of way.

�� (4) The department may charge a fee to the person issued a vegetation control permit under this section. The amount of the fee shall be determined by the department and shall be designed to recover the cost to the department of issuing the permit. [2001 c.508 �7]

�� 366.160 [Amended by 1967 c.454 �34; 1971 c.598 �5; 1973 c.249 �33; 1979 c.186 �11; repealed by 1989 c.345 �7; 1991 c.486 �2]

�� 366.161 Prevention of wildlife-vehicle collisions; coordination of efforts. (1) The Department of Transportation shall establish a program to reduce wildlife-vehicle collisions and promote public safety in priority areas where wildlife corridors identified in the Wildlife Corridor Action Plan by the State Department of Fish and Wildlife intersect with proposed or existing public roads.

�� (2) The program must include, but need not be limited to:

�� (a) Feasibility studies;

�� (b) Plans for creating or modifying road infrastructure in a manner that reduces wildlife-vehicle collisions and promotes public safety;

�� (c) Updates to wildlife guidance materials and standards, and to specifications of highways, to incorporate wildlife crossing and wildlife-vehicle collision reduction features into the design, construction and modification of highways;

�� (d) A training program, established in coordination with the State Department of Fish and Wildlife, that is designed to educate relevant Department of Transportation employees and other stakeholders on the interaction of transportation systems and infrastructure with wildlife and wildlife habitats; and

�� (e) A list of priority projects to reduce collisions between wildlife and vehicles that:

�� (A) Is developed jointly with the State Department of Fish and Wildlife, with opportunity for public input; and

�� (B) Is made publicly available on a website of the Department of Transportation.

�� (3) The program may include but need not be limited to the use of wildlife crossing structures and roadway fencing.

�� (4) To the extent practicable, the Department of Transportation shall coordinate with local governments, as defined in ORS 174.116, and the tribal governments for tribes and bands listed under ORS 172.110, to achieve the goals of the program described in this section.

�� (5) Under the program, and in coordination with the State Department of Fish and Wildlife, the Department of Transportation shall consider and, to the maximum extent feasible, plan for and incorporate measures and infrastructure to promote the avoidance, minimization and mitigation of impacts to wildlife corridor connectivity from the construction, improvement, operation and maintenance of transportation infrastructure throughout this state.

�� (6) Projects under the program that impact threatened or endangered species, or species of greatest conservation need as identified by the State Department of Fish and Wildlife, must include mitigation of impacts and crossing infrastructure, to the greatest extent feasible. [2019 c.272 �4; 2025 c.42 �1]

�� Note: 366.161 and 366.162 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.162 Prevention of wildlife-vehicle collisions; biennial report. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

�� (2) The report must include, but not be limited to:

�� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

�� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

�� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

�� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

�� (e) A strategy for ongoing funding for the program, including department plans to:

�� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

�� (B) Secure federal competitive grants;

�� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions; and

�� (g) A description of efforts and successes of the advisory group described in section 2, chapter 42, Oregon Laws 2025, including efforts and successes related to:

�� (A) Moneys directed to projects through public-private funding partnerships;

�� (B) Community and stakeholder engagement; and

�� (C) Addressing priority areas, as described in ORS 366.161 (1). [2019 c.272 �5; 2025 c.42 �4]

�� Note: The amendments to 366.162 by section 5, chapter 42, Oregon Laws 2025, become operative January 2, 2035. See section 6, chapter 42, Oregon Laws 2025. The text that is operative on and after January 2, 2035, is set forth for the user�s convenience. 366.162. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

�� (2) The report must include, but not be limited to:

�� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

�� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

�� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

�� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

�� (e) A strategy for ongoing funding for the program, including department plans to:

�� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

�� (B) Secure federal competitive grants; and

�� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions.

�� Note: See note under 366.161.

�� Note: Sections 2 and 3, chapter 42, Oregon Laws 2025, provide:

�� Sec. 2. (1) To inform the program described in ORS 366.161, the Department of Transportation and the State Department of Fish and Wildlife shall enter into a joint memorandum of understanding under which the agencies shall establish an advisory group for:

�� (a) Collaborating on the goals of the program;

�� (b) Coordinating the capacity, resources and fundraising opportunities and assistance;

�� (c) Sharing relevant science;

�� (d) Coordinating community outreach; and

�� (e) Assisting with identifying priority areas and priority projects to reduce wildlife-vehicle conflicts and improve habitat connectivity.

�� (2) The memorandum of understanding may designate a willing nongovernmental entity to serve as a neutral facilitator of the advisory group.

�� (3) The advisory group shall:

�� (a) Consist of diverse participants, such as participants from federal, state and local governments, academia and nonprofit organizations, as well as participants with biology and engineering backgrounds.

�� (b) Meet on a regular basis, and at least once annually through December 31, 2033.

�� (4) The Department of Transportation shall make available on a department website the materials from meetings of the advisory group and any recommendations from the advisory group. [2025 c.42 �2]

�� Sec. 3. Section 2 of this 2025 Act is repealed on January 2, 2035. [2025 c.42 �3]

�� 366.165 Revolving fund. (1) The revolving fund in the amount of $400,000 established by warrant drawn on any fund belonging to the state highway funds in favor of the Director of Transportation is continued.

�� (2) The revolving fund shall be deposited with the State Treasurer. The fund shall be at the disposal of the director. The director may designate persons authorized to pay claims from the fund and shall specify the maximum amount of money each designee may draw from the fund. The fund may be used:

�� (a) To pay salaries, travel expenses, compensation or payments for real property purchased or otherwise acquired, and emergency claims; or

�� (b) To secure or take advantage of trade discounts and to pay for services, materials and capital outlay.

�� (3) All vouchers for claims paid from the fund shall be approved by the director and audited by the fiscal officer of the Department of Transportation. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [Amended by 1957 c.9 �1; 1967 c.454 �35; 1969 c.87 �1; 1971 c.598 �6; 1973 c.249 �34; 1979 c.186 �12; 1987 c.265 �1; 1993 c.741 �37]

�� 366.170 [Amended by 1973 c.249 �35; repealed by 1993 c.741 �147]

�� 366.175 [Amended by 1959 c.611 �1; renumbered 390.120]

�� 366.180 [Amended by 1959 c.611 �2; renumbered 390.130]

�� 366.182 [1959 c.611 ��5,6; renumbered

ORS 192.524

192.524]

�� Note: See note under 192.553.

�� 192.573 Personal representative of deceased individual. If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter 113 has been discharged, the personal representative of a deceased individual shall be the first of the following persons, in the following order, who can be located upon reasonable effort by the covered entity and who is willing to serve as the personal representative:

�� (1) A person appointed as guardian under ORS 125.305, 419B.372, 419C.481 or 419C.555 with authority to make medical and health care decisions at the time of the individual�s death.

�� (2) The individual�s spouse.

�� (3) An adult designated in writing by the persons listed in this section, if no person listed in this section objects to the designation.

�� (4) A majority of the adult children of the individual who can be located.

�� (5) Either parent of the individual or an individual acting in loco parentis to the individual.

�� (6) A majority of the adult siblings of the individual who can be located.

�� (7) Any adult relative or adult friend. [Formerly 192.526]

�� Note: See note under 192.553.

�� 192.575 [1977 c.517 �6; 1993 c.131 �4; 1995 c.666 �28; renumbered 192.600 in 2011]

�� 192.576 Disclosure to individual appealing denial of Social Security benefits. (1) In the case of an individual appealing the denial of Social Security disability benefits, a covered entity shall upon request provide to the individual or the individual�s personal representative, free of charge, one copy of the individual�s health information created after the date that the individual alleged as the onset of disability in the individual�s initial application for Social Security disability benefits and before the date of the administrative hearing. At the election of the individual or the individual�s personal representative, the health information shall be provided in paper or electronic format.

�� (2) A covered entity may deny a request for a copy of health information if:

�� (a) The covered entity has already provided one copy of the health information to the individual or the individual�s personal representative; or

�� (b) The request is made by a person other than the individual or the individual�s personal representative and the requester has not presented a valid authorization for the release of information.

�� (3) A covered entity may charge a fee for providing copies of health information, as provided in ORS 192.563, if:

�� (a) The request for copies is made by a person other than the individual or the individual�s personal representative; or

�� (b) The covered entity has already provided to the individual or the individual�s personal representative one copy of the information. [2015 c.360 �2; 2017 c.551 �1]

�� Note: See note under 192.553.

�� 192.577 Disclosure of information concerning adult in custody of Department of Corrections. (1) A health care provider shall disclose protected health information concerning an adult in custody of a Department of Corrections facility to the physician of an employee of the department or of Oregon Corrections Enterprises, without an authorization from the adult in custody or a personal representative of the adult in custody, if:

�� (a) The employee, in the performance of the employee�s official duties, was directly exposed to the bodily fluids of the adult in custody; and

�� (b) The adult in custody has tested positive for a blood-borne infection or other communicable disease that may be transmitted through an individual�s bodily fluids.

�� (2) A disclosure under subsection (1) of this section must be limited to the minimum necessary to inform the physician of possible exposure to a blood-borne infection or other communicable disease. [2017 c.484 �2; 2019 c.213 �56; 2019 c.280 �4]

�� Note: See note under 192.553.

�� 192.579 Allowed disclosure for coordinating care. (1) As used in this section, �entity� means a health care provider, a coordinated care organization, as defined in ORS 414.025 or a prepaid managed care health services organization, as defined in ORS 414.025, that provides health care to an individual, if the care is paid for by a state health plan.

�� (2) Notwithstanding ORS 179.505, an entity may disclose the identity of an individual who receives health care from the entity without obtaining an authorization from the individual, or a personal representative of the individual, to another entity for the purpose of coordinating the health care and treatment provided to the individual by either entity. [2011 c.418 �2; 2015 c.792 �4]

�� Note: See note under 192.553.

�� 192.580 [1977 c.517 �7; 1985 c.797 �4; 1987 c.482 �1; 2001 c.247 �1; 2003 c.14 �94; renumbered 192.602 in 2011]

�� 192.581 Allowed retention or disclosure of genetic information. (1) Notwithstanding ORS 192.537 (3), a health care provider may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the provider.

�� (2) Notwithstanding ORS 192.539 (1), a health care provider may disclose genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the provider discloses the genetic information in accordance with ORS 192.558 (3).

�� (3) As used in this section, �retain genetic information� has the meaning given that term in ORS 192.531. [Formerly 192.529]

�� Note: See note under 192.553.

BEDBUGS

�� 192.582 Confidentiality of bedbug infestation reports. (1) As used in this section:

�� (a) �Bedbug� means a member of the Cimicidae family of parasitic insects.

�� (b) �Public health authority� means:

�� (A) A local public health authority, as defined in ORS 431.003; or

�� (B) The Oregon Health Authority.

�� (2) The following information reported by pest control operators to a public health authority must be maintained confidentially and is not subject to disclosure under ORS

ORS 30.920

30.920 and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than six years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant. [2007 c.536 �1]

�� Sec. 2. (1) Except as provided in subsection (2) of this section, section 1 of this 2007 Act applies only to causes of action arising on or before January 1, 2007.

�� (2) Section 1 of this 2007 Act does not apply to any causes of action for which a judgment was entered in the register of a court before the effective date of this 2007 Act [January 1, 2008]. [2007 c.536 �2]

�� 30.928 Time limitation for actions for damages caused by certain light bulbs. (1) As used in this section, �R type metal halide or mercury vapor light bulb� means a metal halide or mercury vapor light bulb that does not have an internal mechanism that shuts off the light automatically within 15 minutes after the bulb is broken.

�� (2) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs may not be commenced more than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the conduct of the defendant.

�� (3) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs is subject only to the limitation imposed by this section and is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose. [2009 c.485 �11]

FARMING AND FOREST PRACTICES

�� 30.930 Definitions for ORS 30.930 to 30.947. As used in ORS 30.930 to 30.947:

�� (1) �Farm� means any facility, including the land, buildings, watercourses and appurtenances thereto, used in the commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture products or the propagation and raising of nursery stock.

�� (2) �Farming practice� means a mode of operation on a farm that:

�� (a) Is or may be used on a farm of a similar nature;

�� (b) Is a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money;

�� (c) Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use;

�� (d) Complies with applicable laws; and

�� (e) Is done in a reasonable and prudent manner.

�� (3) �Forestland� means land that is used for the growing and harvesting of forest tree species.

�� (4) �Forest practice� means a mode of operation on forestland that:

�� (a) Is or may be used on forestland of similar nature;

�� (b) Is a generally accepted, reasonable and prudent method of complying with ORS 527.610 to 527.770 and the rules adopted pursuant thereto;

�� (c) Is or may become a generally accepted, reasonable and prudent method in conjunction with forestland;

�� (d) Complies with applicable laws;

�� (e) Is done in a reasonable and prudent manner; and

�� (f) May include, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control.

�� (5) �Pesticide� has the meaning given that term in ORS 634.006. [1981 c.716 �1; 1983 c.730 �1; 1993 c.792 �32; 1995 c.703 �1; 2005 c.657 �2]

�� 30.931 Transport or movement of equipment, device, vehicle or livestock as farming or forest practice. Notwithstanding ORS 30.930, if the activities are conducted in a reasonable and prudent manner, the transport or movement of any equipment, device or vehicle used in conjunction with a farming practice or a forest practice on a public road or movement of livestock on a public road is a farming or forest practice under ORS 30.930 to 30.947. [1995 c.703 �9]

�� 30.932 Definition of �nuisance� or �trespass.� As used in ORS 30.930 to 30.947, �nuisance� or �trespass� includes but is not limited to actions or claims based on noise, vibration, odors, smoke, dust, mist from irrigation, use of pesticides and use of crop production substances. [1993 c.792 �33; 1995 c.703 �2]

�� 30.933 Legislative findings; policy. (1) The Legislative Assembly finds that:

�� (a) Farming and forest practices are critical to the economic welfare of this state.

�� (b) The expansion of residential and urban uses on and near lands zoned or used for agriculture or production of forest products may give rise to conflicts between resource and nonresource activities.

�� (c) In the interest of the continued welfare of the state, farming and forest practices must be protected from legal actions that may be intended to limit, or have the effect of limiting, farming and forest practices.

�� (2) The Legislative Assembly declares that it is the policy of this state that:

�� (a) Farming practices on lands zoned for farm use must be protected.

�� (b) Forest practices on lands zoned for the production of forest products must be protected.

�� (c) Persons who locate on or near an area zoned for farm or forest use must accept the conditions commonly associated with living in that particular setting.

�� (d) Certain private rights of action and the authority of local governments and special districts to declare farming and forest practices to be nuisances or trespass must be limited because such claims for relief and local government ordinances are inconsistent with land use policies, including policies set forth in ORS

ORS 30.937

30.937.

�� (2) Subsection (1) of this section does not apply to:

�� (a) City rules, regulations or ordinances adopted in accordance with ORS 527.722; or

�� (b) Any forest practice conducted in violation of a solar energy easement that complies with ORS 105.880 to 105.890. [1993 c.792 �38]

�� 30.935 Prohibition on local laws that make farm practice a nuisance or trespass. Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a farm practice a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to that farm practice for which no action or claim is allowed under ORS 30.936 or 30.937. [1981 c.716 �2; 1985 c.565 �4; 1993 c.792 �37]

�� 30.936 Immunity from private action based on farming or forest practice on certain lands; exceptions. (1) No farming or forest practice on lands zoned for farm or forest use shall give rise to any private right of action or claim for relief based on nuisance or trespass.

�� (2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:

�� (a) Damage to commercial agricultural products; or

�� (b) Death or serious physical injury as defined in ORS 161.015.

�� (3) Subsection (1) of this section applies regardless of whether the farming or forest practice has undergone any change or interruption. [1993 c.792 �34; 1995 c.547 �8; 1995 c.703 �3; 2001 c.401 �1]

�� 30.937 Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use; exceptions. (1) No farming or forest practice allowed as a preexisting nonconforming use shall give rise to any private right of action or claim for relief based on nuisance or trespass.

�� (2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:

�� (a) Damage to commercial agricultural products; or

�� (b) Death or serious physical injury as defined in ORS 161.015.

�� (3) Subsection (1) of this section applies only where a farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the right of action or claim for relief.

�� (4) Subsection (1) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from November 4, 1993, or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later. [1993 c.792 �35; 1995 c.703 �4]

�� 30.938 Attorney fees and costs. In any action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party shall be entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal. [1993 c.792 �36]

�� 30.939 When use of pesticide considered farming or forest practice. (1) Notwithstanding ORS 30.930 (2), the use of a pesticide shall be considered to be a farming practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:

�� (a) Is or may be used on a farm of a similar nature;

�� (b) Is a reasonable and prudent method for the operation of the farm to obtain a profit in money;

�� (c) Is or may become customarily utilized in conjunction with farm use;

�� (d) Complies with applicable laws; and

�� (e) Is done in a reasonable and prudent manner.

�� (2) Notwithstanding ORS 30.930 (4), the use of a pesticide shall be considered to be a forest practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:

�� (a) Is or may be used on forestland of a similar nature;

�� (b) Is a reasonable and prudent method of complying with ORS 527.610 to 527.770;

�� (c) Is or may become customarily utilized in conjunction with forestland;

�� (d) Complies with applicable laws;

�� (e) Is done in a reasonable and prudent manner; and

�� (f) Includes, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control. [1993 c.792 �32a; 1995 c.703 �5]

�� 30.940 Effect on other remedies. The provisions of ORS 30.930 to 30.947 shall not impair the right of any person or governmental body to pursue any remedy authorized by law that concerns matters other than a nuisance or trespass. [1981 c.716 �3; 1985 c.565 �5; 1993 c.792 �39]

�� 30.942 Rules. (1) The State Department of Agriculture may adopt rules to implement the provisions of ORS 30.930 to

ORS 446.225

446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

�� (4) This section does not grant any authority over a municipality or an inspector employed by a municipality. [1991 c.792 ��3,5; 1999 c.597 �1; 2001 c.411 �20; 2003 c.14 �285; 2013 c.324 �10]

MASTER BUILDER PROGRAMS

�� 455.800 Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820:

�� (1) �Building official� means a person who is a building official as defined in ORS 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code.

�� (2) �Building trade committee� means a group composed of experienced and knowledgeable local general contractors or other persons having substantial expertise in various aspects of one and two family dwelling construction under the Low-Rise Residential Dwelling Code.

�� (3) �General contractor� has the meaning given that term in ORS 701.005.

�� (4) �Master builder� means a person certified under ORS 455.810.

�� (5) �Qualified construction company� means a company that has been:

�� (a) Continuously licensed by the Construction Contractors Board during the preceding 60 months as a general contractor; or

�� (b) Continuously licensed by the Construction Contractors Board during at least the preceding 24 months as a general contractor and by one or more other states during the balance of the preceding 60 months in an occupation equivalent to that of a general contractor.

�� (6) �Regular employee� means a person who:

�� (a) Is continuously employed by, and on the regular payroll of, a qualified construction company;

�� (b) Has filed a withholding statement or an exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and

�� (c) Is available during working hours to supervise on-site dwelling construction, including but not limited to supervising the installation of:

�� (A) Drywall;

�� (B) Electrical systems;

�� (C) Footings;

�� (D) Foundations;

�� (E) Framing;

�� (F) Insulation;

�� (G) Mechanical systems;

�� (H) Plumbing systems; and

�� (I) Stairs.

�� (7) �Whole dwelling remodel� means a project that includes the installation in an existing dwelling of all of the following:

�� (a) Drywall;

�� (b) Electrical systems;

�� (c) Footings;

�� (d) Foundations;

�� (e) Framing;

�� (f) Insulation;

�� (g) Mechanical systems; and

�� (h) Plumbing systems. [2001 c.406 �1; 2003 c.675 �38; 2019 c.134 �12]

�� Note: 455.800 to 455.820 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.805 Criteria for granting of master builder status. An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that:

�� (1) The individual must be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the department that all state and local code requirements are met.

�� (2) In each of the five preceding calendar years, the individual must either have performed or supervised a dwelling construction or whole dwelling remodel. In at least two of the years, the construction or remodel must have occurred in a geographic area that had a master builder program.

�� (3) The individual must have completed a program sponsored by a local building trade committee or other program approved by the department, providing training relating to the construction of one and two family dwellings under the Low-Rise Residential Dwelling Code. A program must include but need not be limited to instruction in:

�� (a) Administration;

�� (b) Chimneys and fireplaces;

�� (c) Decay and termite protections;

�� (d) Energy conservation;

�� (e) Footings and foundations;

�� (f) Roof-ceiling construction;

�� (g) Roof coverings;

�� (h) Site inspections;

�� (i) Wall construction, assemblies and coverings; and

�� (j) Wood and metal framing.

�� (4) The individual must have scored at least 75 percent on a written examination, approved and administered by the department, covering the appropriate aspects of the Low-Rise Residential Dwelling Code.

�� (5)(a) The individual must not be the subject of an adverse final order issued by the Construction Contractors Board or Department of Consumer and Business Services based upon acts committed within 36 months preceding the application date that:

�� (A) Violated a specialty code, licensing or permit requirement; or

�� (B) Resulted in a claim being filed with the board or department against the individual.

�� (b) For purposes of this subsection, if the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse final order issued against that individual. [2001 c.406 �2; 2003 c.675 �39]

�� Note: See note under 455.800.

�� 455.810 Certificates; fees; discipline; rules. (1) An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in ORS 455.805, the department shall issue the certificate.

�� (2) Certification as a master builder is valid for three years unless suspended or revoked. An individual may renew a certificate that is in good standing by:

�� (a) Providing evidence of continuing education as required by department rule; and

�� (b) Paying a renewal fee established by the department by rule.

�� (3) The department may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in ORS 455.805 or engages in actions resulting in a waiver revocation under ORS 455.820 (3). The department must afford an individual an opportunity for a hearing pursuant to ORS chapter 183 upon a denial or refusal to renew or prior to a suspension or revocation of certification.

�� (4) The department may adopt all rules necessary and proper for administering ORS

ORS 448.279

448.279.

�� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

�� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

�� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

�� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

�� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

�� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

�� (A) Residence that is a site-built home;

�� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (C) Modular home constructed off-site;

�� (D) Manufactured dwelling; or

�� (E) Floating home, as defined in ORS 830.700.

�� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

�� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

�� (B) That the residential contractor performed in the course of constructing a new residential structure.

�� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

�� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

�� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

�� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

�� (12) �Officer� means any of the following persons:

�� (a) A president, vice president, secretary, treasurer or director of a corporation.

�� (b) A general partner in a limited partnership.

�� (c) A manager in a manager-managed limited liability company.

�� (d) A member of a member-managed limited liability company.

�� (e) A trustee.

�� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

�� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

�� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

�� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

�� (a) Residential general contractor;

�� (b) Residential specialty contractor;

�� (c) Residential limited contractor;

�� (d) Residential developer;

�� (e) Residential locksmith services contractor;

�� (f) Residential restoration contractor;

�� (g) Home inspector services contractor;

�� (h) Home services contractor; or

�� (i) Home energy performance score contractor.

�� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

�� (17)(a) �Residential structure� means:

�� (A) A residence that is a site-built home;

�� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

�� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (D) A modular home constructed off-site;

�� (E) A manufactured dwelling;

�� (F) A floating home as defined in ORS 830.700; or

�� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

�� (b) �Residential structure� does not mean:

�� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

�� (B) Transient lodging;

�� (C) A residential school or residence hall;

�� (D) A state or local correctional facility;

�� (E) A youth correction facility as defined in ORS 420.005;

�� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

�� (G) A detention facility as defined in ORS 419A.004;

�� (H) A nursing home;

�� (I) A hospital; or

�� (J) A place constructed primarily for recreational activities.

�� (18) �Responsible managing individual� means an individual who:

�� (a) Is an owner described in ORS 701.094 or an employee of the business;

�� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

�� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

�� (B) Demonstrated experience the board requires by rule; or

�� (C) Complied with the licensing requirements of ORS 446.395.

�� (19) �Small commercial structure� means:

�� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

�� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

�� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

�� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

�� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

�� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

�� (a) Each attached unit extends from foundation to roof with open space on two sides; and

�� (b) Each dwelling unit is separated by a property line.

�� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

�� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

�� (1) A person who is constructing, altering, improving or repairing personal property.

�� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

�� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

�� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

�� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

�� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

�� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

�� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

�� (a) An architect registered by the State Board of Architect Examiners.

�� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

�� (c) A water well contractor licensed by the Water Resources Department.

�� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

�� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

�� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

�� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

�� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 452.020

452.020 to 452.170 during the next ensuing fiscal year.

�� (b) Subject to paragraph (c) of this subsection, the county court may include the amount of the estimate made under paragraph (a) of this subsection, or any portion of the estimate, in the annual budget of the county.

�� (c) The amount described in paragraph (b) of this subsection may not, in any one year, be greater than enough to raise the amount determined by the board of trustees under paragraph (a) of this subsection, and approved by the county court and the local public health administrators or their designees on the board. The amount budgeted, when added to any taxes levied under ORS 452.153, shall not exceed two-tenths of one percent (0.002) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207.

�� (2) The county court, thereafter at the time and in the manner of levying taxes for state and county purposes, may levy a tax on all the taxable property in the district sufficient to raise the amount of the estimate made by the board of trustees of the district.

�� (3) All taxes levied under this section shall be computed and entered on the assessment and tax rolls of the county and collected at the same time and in the same manner as state and county taxes. When collected, the taxes shall be paid into the county treasury for the use of the district. Such funds may be withdrawn only upon warrants issued by the proper authorities of the district. [Amended by 1959 c.600 �11; 1963 c.9 �28; 1965 c.609 �5; 1981 c.640 �12; 1983 c.310 �20; 1991 c.459 �408; 2021 c.191 �16]

�� 452.170 Deposit and disbursement of moneys collected. All money received from taxes collected for the use of any control district under ORS 452.160 shall be paid to the county treasurer of the county in which the district is situated. The county treasurer shall keep the moneys in a separate fund to the credit of the district and disburse them upon the warrant of the district signed by the president of the board, and countersigned by the treasurer of the board. [Amended by 1959 c.600 �12; 1965 c.609 �6; 1981 c.640 �13]

�� 452.180 [1963 c.255 �3; repealed by 1971 c.727 �203]

CONTROL OF VECTORS

(By Counties)

�� 452.210 County contracts with cities, vector control districts or other counties on vector control. Any county court may contract with any incorporated city, any vector control district, or with the county court of any other county on any matter incident to the eradication, prevention and control of public health vectors and vector habitats using integrated pest management methods and for the supervision of such work by county employees. [Amended by 1959 c.600 �13; 2007 c.258 �6]

�� 452.220 [Amended by 1959 c.600 �14; repealed by 1983 c.537 �7]

�� 452.230 Rights under contract. The officers and agents of such other county, vector control district or municipality acting by authority of such contract shall have the same right of entry, inspection and treatment as the agents and employees of the county seeking to control the public health vectors. [Amended by 1959 c.600 �15]

�� 452.240 Powers of county regarding vector control. Any county court may:

�� (1) Take all necessary or proper steps and measures for the prevention, control or eradication of public health vectors using integrated pest management methods.

�� (2) Abate as nuisances all vector habitats.

�� (3) Purchase such supplies and materials and employ or contract for such labor as may be necessary or proper in furtherance of prevention, control or eradication.

�� (4) Fix the compensation and prescribe the duties of all employees, agents and servants.

�� (5) Enter upon all places within the county and adjacent thereto for the purpose of carrying out this section.

�� (6) Cut or remove such shrubbery or undergrowth as is necessary or proper in order to carry out this section.

�� (7) Treat, using integrated pest management methods places where public health vectors are found or are likely to exist.

�� (8) Generally do any and all things necessary or incident to the powers granted in ORS 452.230 to 452.250 and to carry out the objectives specified in this section. [Amended by 1959 c.600 �16; 1981 c.640 �14; 2007 c.71 �138; 2007 c.258 �7]

�� 452.245 Pesticide use; consent of State Fish and Wildlife Commission. In exercising its powers under ORS

ORS 452.110

452.110 shall be paid for by the control district, except when a contract authorized under ORS 452.110 (8) provides otherwise. [Amended by 1983 c.207 �2; 2007 c.258 �4]

�� 452.140 Pesticide use; consent of State Fish and Wildlife Commission. The board of trustees of a district:

�� (1) May not apply pesticides to waters in the district that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commission.

�� (2) May not apply pesticides for public health vectors without first obtaining approval of the State Fish and Wildlife Commission. [Amended by 1959 c.600 �8; 1981 c.640 �2; 2007 c.258 �5]

�� 452.145 Limitation on predatory animal control. Notwithstanding ORS 452.110:

�� (1) A vector control district shall not exercise the authority granted by ORS 452.110 relating to the control or eradication of predatory animals unless the electors of the district approve a proposition referred to them by the district board that authorizes the district to assume the function of predatory animal control and eradication.

�� (2) When authorized to assume the function of predatory animal control and eradication by the electors of the district, a vector control district shall conduct its activities for the control and eradication of predatory animals in accordance with the provisions of ORS chapter 610.

�� (3) Officers and employees of a vector control district shall not enter upon any private land to inspect for or to control predatory animals unless the owner of the land first grants permission for such entry. [1987 c.298 �4]

�� 452.150 [Repealed by 1959 c.600 �9 (452.151 enacted in lieu of 452.150)]

�� 452.151 Technical advice. The board may request technical advice and information from the Oregon State University Agricultural Experiment Station and the Oregon Health Authority regarding methods and chemicals to be used in the control and extermination of rats and public health vectors. [1959 c.600 �10 (enacted in lieu of 452.150); 1981 c.640 �3; 2001 c.104 �189; 2009 c.595 �875]

�� 452.153 Budget; taxing authority; rate limitation. (1) The board of trustees of any district, annually as provided in this section, may levy a tax on all the property in the district to provide moneys for all purposes required under ORS 452.020 to 452.170 during the next succeeding fiscal year. However, the taxes levied under this section may not exceed two-tenths of one percent (0.002) of the real market value of all taxable property within the district, computed in accordance with ORS

ORS 452.210

452.210 to 452.250, a county court:

�� (1) May not order the application of pesticides to waters in the county that are frequented by waterfowl or that contain any game fish without obtaining annual approval of the State Fish and Wildlife Commission.

�� (2) May not order the application of pesticides for public health vectors without first obtaining the approval of the State Fish and Wildlife Commission. [1981 c.640 �5; 2007 c.258 �10]

�� 452.250 Interference prohibited. No person shall knowingly or willfully hinder or interfere with or prevent the exercise of any powers conferred under ORS 452.230 to 452.250 or do or perform any act or thing which will destroy or impair the efficiency of any device or means used for the control or extermination of public health vectors or their larvae. [Amended by 1959 c.600 �17]

(By State)

�� 452.300 Oregon Health Authority vector control program. (1) The Oregon Health Authority shall maintain a program of public health vector control, which program shall include, but not be limited to:

�� (a) Monitoring and investigating public health vectors, vector habitats and vector-borne diseases.

�� (b) Providing technical assistance and information to vector control districts, local vector control programs and the public.

�� (c) Maintaining training programs for vector control district personnel and other public health personnel.

�� (d) Coordinating and assisting vector control district programs and other local programs in research projects.

�� (e) Reviewing vector control program pesticide use plans submitted by agencies that intend to use pesticides for vector control. Agencies must obtain authority approval of their annual pesticide use plan prior to pesticide applications.

�� (2) The authority may provide an amount not to exceed $5,000 per year in matching funds to a district for a program to allow the district to carry out disease surveillance in cooperation with public health personnel. [1981 c.640 �7; 2007 c.258 �8; 2009 c.595 �876]

�� 452.310 [1953 c.666 �2; repealed by 1957 c.450 �13]

�� 452.320 [1953 c.666 �1; repealed by 1957 c.450 �13]

�� 452.330 [1953 c.666 �3; repealed by 1957 c.450 �13]

�� 452.340 [1953 c.666 �5; repealed by 1957 c.450 �13]

�� 452.350 [1953 c.666 �6; repealed by 1957 c.450 �13]

�� 452.360 [1953 c.666 �7; repealed by 1957 c.450 �13]

�� 452.370 [1953 c.666 �8; repealed by 1957 c.450 �13]

�� 452.380 [1953 c.666 �9; repealed by 1957 c.450 �13]

�� 452.390 [1953 c.666 �10; repealed by 1957 c.450 �13]

�� 452.400 [1953 c.666 �11; repealed by 1957 c.450 �13]

�� 452.410 [1953 c.666 �12; repealed by 1957 c.450 �13]

�� 452.420 [1953 c.666 �4; repealed by 1957 c.450 �13]

�� 452.510 [1957 c.450 �1; 1965 c.426 �1; 2001 c.104 �190; repealed by 2009 c.98 �31]

�� 452.520 [1957 c.450 �2; repealed by 2009 c.98 �31]

�� 452.530 [1957 c.450 ��3,4,9; 2009 c.595 �877; repealed by 2009 c.98 �31]

�� 452.540 [1957 c.450 �8; repealed by 2009 c.98 �31]

�� 452.550 [1957 c.450 �5; 1991 c.331 �63; 1997 c.631 �473; repealed by 2009 c.98 �31]

�� 452.560 [1957 c.450 �6; repealed by 2009 c.98 �31]

�� 452.570 [1957 c.450 �7; repealed by 2009 c.98 �31]

�� 452.580 [1957 c.450 �10; repealed by 2009 c.98 �31]

�� 452.590 [1957 c.450 �11; repealed by 2009 c.98 �31]

�� 452.610 [1975 c.555 �2; 2009 c.98 �12; renumbered 569.175 in 2009]

�� 452.615 [1975 c.555 �3; 2009 c.98 �13; renumbered 569.180 in 2009]

�� 452.620 [1975 c.555 �4; 1985 c.565 �73; 2003 c.794 �283; 2009 c.98 �14; renumbered 569.185 in 2009]

�� 452.625 [1975 c.555 �5; 2009 c.98 �15; renumbered 569.190 in 2009]

�� 452.630 [1975 c.555 �6; 2009 c.98 �16; renumbered 569.195 in 2009]

PENALTIES

�� 452.990 Penalties. Violation of ORS 452.250 is a Class C misdemeanor. [Subsection (2) of 1975 Replacement Part enacted as 1975 c.555 �7; 1977 c.582 �49; 1999 c.1051 �184; 2009 c.98 �17]

ORS 459A.665

459A.665. As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665:

�� (1) �Affected person� means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district.

�� (2) �Board of county commissioners� or �board� includes a county court.

�� (3) �Collection service� means a service that provides for collection of solid waste or recyclable material or both but does not include that part of a business operated under a certificate issued under ORS 822.110.

�� (4) �Commercial� means stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other nonmanufacturing entities, but does not include other manufacturing activities or business, manufacturing or processing activities in residential dwellings.

�� (5) �Commission� means the Environmental Quality Commission.

�� (6) �Compost� means the controlled biological decomposition of organic material or the product resulting from such a process.

�� (7) �Department� means the Department of Environmental Quality.

�� (8)(a) �Disposal site� means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site.

�� (b) �Disposal site� does not include:

�� (A) A facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste;

�� (B) A facility subject to the permit requirements of ORS 468B.050 or 468B.053;

�� (C) A site used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or

�� (D) A site operated by a dismantler issued a certificate under ORS 822.110.

�� (9) �Energy recovery� means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.

�� (10) �Franchise� includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.

�� (11) �Hazardous waste� has the meaning given that term in ORS 466.005.

�� (12) �Household hazardous waste� means any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households and is generated by the household. �Household hazardous waste� may include but is not limited to some cleaners, solvents, pesticides and automotive and paint products.

�� (13) �Land disposal site� means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.

�� (14) �Landfill� means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.

�� (15) �Local government unit� means a city, county, metropolitan service district formed under ORS chapter 268, sanitary district or sanitary authority formed under ORS chapter 450, county service district formed under ORS chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and 468A.140 to

ORS 468B.180

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; 2025 c.442 �1; 2025 c.605 �43]

�� 634.020 [Repealed by 1953 c.118 �2]

�� 634.022 Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law. (1) The provisions of ORS 634.016 are not applicable to pesticides used only for experimental or research purposes. Such pesticides shall be conspicuously labeled �For experimental purposes only and not for sale� in addition to the labeling requirements of ORS

ORS 527.370

527.370:

�� (1) �Control� means reduction of resource losses or pest occurrences to an acceptable level by direct and immediate application of effective prevention, suppression or eradication strategies, or any combination thereof.

�� (2) �Eradication� means the implementation of strategies through host or pest destruction or removal, or by the use of pesticides, to contain or completely eliminate exotic pests in a specific area, or both.

�� (3) �Exotic� means any pest that has been accidentally or deliberately introduced into an area where it does not naturally occur.

�� (4) �Forestland� means any nonfederal land which has enough timber or forest growths, standing or down, to constitute, in the judgment of the State Board of Forestry, forest pests of a nature to be harmful, detrimental and injurious to the management objectives for the site.

�� (5) �Integrated pest management� means a coordinated decision-making process that utilizes the most appropriate of all reasonably available means, tactics or strategies blended together to minimize the impact of forest pests in an environmentally and economically sound manner to meet site specific management objectives.

�� (6) �Native� means any pest that is indigenous or naturally occurring in a particular area.

�� (7) �Owner� means any person owning nonfederal forestlands or timber as shown on the latest records of the tax collector of the county in which the forestlands or timber is situated. Where timber is owned entirely separate and apart from the land whereon it grows or is situated, �owner� means any person owning such timber as shown on the latest records of the tax collector of the county in which the timber is situated.

�� (8) �Pest� means any forest insect or disease which causes or may cause damage that prevents or interferes with management objectives in a specific area.

�� (9) �Pesticide� has the meaning given that term in ORS 634.006.

�� (10) �Prevention� means the implementation of strategies designed to minimize the impact of a pest before an outbreak occurs, including but not limited to, release or enhancement of natural enemies and silvicultural activities to increase tree vigor or otherwise reduce tree susceptibility to pest damage. �Prevention� requires the incorporation of integrated pest management into overall forest resource management in order to create ecological conditions unfavorable for the reproduction or survival of pest organisms.

�� (11) �Strategies� may include, but are not limited to, physical and biological methods and application of pesticides.

�� (12) �Suppression� means the implementation of intervention strategies designed to reduce native pest populations to acceptable levels necessary to meet forest resource management objectives in a specified area. [Amended by 1967 c.87 �1; 1991 c.686 �1]

�� 527.315 Process components. The integrated pest management process shall consist of:

�� (1) Defining the management unit or area of concern.

�� (2) Defining site specific management objectives that are compatible with the ecosystem of concern and that are achievable within the economic, logistical and regulatory constraints that apply.

�� (3) Establishing or maintaining routine detection and monitoring systems of major pests and their damage through ground and aerial surveys.

�� (4) Evaluating forest and pest conditions on specified site.

�� (5) Establishing pest population thresholds or acceptable levels of damage, or both, but not taking action until those levels are exceeded or where historical documentation has verified a reoccurring problem.

�� (6) Developing and evaluating potential strategies.

�� (7) Considering the following in selecting a strategy:

�� (a) Effectiveness;

�� (b) Operational feasibility;

�� (c) Cost-effectiveness;

�� (d) Ecological soundness;

�� (e) Environmental impact; and

�� (f) Site specific resource management objectives.

�� (8) Implementing the strategy selected.

�� (9) Timing actions for maximum effectiveness by monitoring pest, host development and weather.

�� (10) Monitoring and evaluating results of activities and strategies.

�� (11) Keeping current, accurate records.

�� (12) Structuring the program so that it can be adjusted to meet changes or varying situations. [1991 c.686 �3]

�� 527.320 [Repealed by 1991 c.686 �11]

�� 527.321 Implementation of process by State Forester. The State Forester shall implement the integrated pest management process as provided in ORS 527.315 on department-managed lands and encourage the process on other nonfederal lands by setting examples on department lands and through training workshops, demonstration areas and on-site technical advice. [1991 c.686 �4]

�� 527.330 [Repealed by 1991 c.686 �11]

�� 527.335 Investigations by State Forester concerning pests; access to privately owned lands. (1) The State Forester shall conduct surveys and evaluations on nonfederal forestlands to determine the presence, extent, trend and impact of native and exotic pests, as well as overall forest health monitoring. In so doing, the forester or representatives of the forester may go upon privately owned lands with permission of the respective owners thereof, and should any owner withhold such permission and the forester believes an emergency exists, the forester may petition that circuit court of this state having jurisdiction over the lands involved for a warrant authorizing the forester or representatives of the forester to go upon such lands. Upon petition being made the court shall forthwith summarily determine whether or not such emergency exists, and if determining such emergency exists, immediately issue a warrant authorizing the forester or representatives of the forester to go upon such lands for the purposes of this section.

�� (2) The State Forester may cooperate with the United States or agencies thereof, other agencies of the state, county or municipal governments, agencies of other states or other public or private organizations or individuals and may accept such funds, equipment, supplies or services from cooperators and others as it may deem appropriate for the purposes of subsections (1) and (4) of this section.

�� (3) The State Forester is authorized to enter into contracts for selected services or accept moneys from private and public sources for the purposes stated in subsections (1) and (4) of this section; provided, however, that such moneys shall be placed in the State Forestry Department Account and shall be continuously appropriated for such purposes.

�� (4) The State Forester shall also provide on-site technical advice regarding insect and disease management to nonfederal land owners who request such services. [1961 c.212 �1; 1991 c.686 �7]

�� 527.340 [Amended by 1955 c.116 �1; 1967 c.87 �2; repealed by 1991 c.686 �11]

�� 527.341 Forestland owners to implement strategies to carry out resource management objectives. Every owner of forestlands or timber shall implement prevention and suppression strategies to meet their own forest resource management objectives. [1991 c.686 �5]

�� 527.346 State Forester to assist owners unable to take action against pest. (1) Whenever the State Forester determines, using criteria approved by the State Board of Forestry, that owners are unable to take action against a pest that is threatening Oregon�s economic, social and environmental well-being, the State Forester shall, using funds appropriated by the Legislative Assembly, declare a control district and implement the appropriate strategy.

�� (2) The State Forester shall, within 15 days after receiving state funds, notify in writing all owners of forestlands within the control district of the declared control project. The notice shall be served by return receipt mail addressed to the last-known address of the owner. In addition, there shall be published an article describing the nature of the control district, including a legal description of the area and vicinity map, at least once a week for two consecutive weeks in a newspaper having a general circulation in the area in which the control district is situated. Other methods of notification may be used in the future as new technology becomes available. [1991 c.686 �6]

�� 527.350 [Amended by 1967 c.87 �3; repealed by 1991 c.686 �11]

�� 527.360 Costs of eradication; state to contribute; unpaid costs to be charge against timber; collection of charge. Upon completion of any work authorized and performed under the provisions of ORS 527.346, the State Forester shall prepare a certified statement of the expenses necessarily incurred in performing the work. The state shall assist in the payment of control costs from funds available for that purpose. The balance of the expenses, after deducting the sum of such amounts as may be contributed by the state, the federal government or any other agencies or persons to defray control costs, shall constitute a charge against the forestlands or timber involved and shall be collected in the same manner as forest patrol assessments under the provisions of ORS chapter 477. [Amended by 1967 c.87 �4; 1991 c.686 �8]

�� 527.370 Disposition of receipts. All moneys collected under ORS 527.335 and 527.346, together with such moneys as have been and may be appropriated by the legislature for the purposes of ORS

ORS 527.670

527.670, if the new notice is sent in the same calendar year as the original notice, the 90-day period identified in the new notice must be seven or more days after the date the new notice is provided to the department. [2020 s.s.1 c.16 �6]

�� 527.789 Notice to nearby recipient of proposed pesticide application. (1) Upon receipt of a notice under ORS 527.788 (2), a State Forestry Department reporting system shall provide the operator, timber owner or landowner that provided the notice with a list of, and contact information for, any nearby recipients for the proposed pesticide application.

�� (2) Two weeks after receiving a notice under ORS 527.788 (2), and on the date of receipt of any new notice under ORS 527.788 (4), the department shall send notice of the proposed pesticide application to the electronic mail address or telephone number of each nearby recipient for the application. The notice sent by the department must include, but need not be limited to, the location and nature of the proposed pesticide application and the 90-day period within which the pesticide application may occur, and the mailing address, electronic mail address and telephone number supplied as contact information by the operator, timber owner or landowner that provided notice of the proposed pesticide application under ORS 527.788. [2020 s.s.1 c.16 �7]

�� 527.790 Notice to State Forestry Department prior to pesticide application. (1) An operator, timber owner or landowner that sends notice under ORS 527.788 of a proposed pesticide application by helicopter to forestland shall notify the State Forestry Department prior to the pesticide application by helicopter being made. A notice under this section must:

�� (a) Be made by electronic communication to a department reporting system;

�� (b) Be sent to the department no later than 7 p.m. on the day preceding the pesticide application;

�� (c) Specify the day following the notice as a day for pesticide application by helicopter;

�� (d) Identify the forestland units to receive pesticide application on the specified day; and

�� (e) Contain any additional information required by State Board of Forestry rules.

�� (2) The sending of a notice under subsection (1) of this section does not limit the number of days on which a pesticide application by helicopter may be made. However, a separate notice is required for each day that a pesticide application by helicopter is to be made. The sending of a notice under subsection (1) of this section does not require that a pesticide application identified in the notice be conducted.

�� (3) Upon receipt of a notice under this section, the department shall send the schedule information for the pesticide application and forestland unit identification to the electronic mail address or telephone number of each nearby recipient to which the department sent notice of the proposed pesticide application under ORS 527.789. [2020 s.s.1 c.16 �8]

�� 527.791 Verifying completion of pesticide application. (1) If a forestland unit identified in a notice sent under ORS 527.790 receives an incomplete pesticide application on the date specified in the notice, the operator, timber owner or landowner shall send a notice of incompletion to a State Forestry Department reporting system no later than 24 hours after the end of the date specified for the application in the notice. The notice of incompletion shall consist of designating the forestland units to which an incomplete pesticide application by helicopter was made. Entry of a notice of incompletion does not affect the requirement to send notice under ORS 527.790 before completing the pesticide application.

�� (2) An operator, timber owner or landowner that sends a notice under ORS 527.790 shall send a completion verification to a department reporting system no later than 24 hours after the completion of the pesticide application. The completion verification shall consist of designating the forestland units to which the pesticide application by helicopter was made.

�� (3) The department shall make an electronic listing of the forestland units that were identified in the notice under ORS 527.790 available to the operator, timber owner or landowner in a format that allows the operator, timber owner or landowner to electronically designate:

�� (a) Forestland units from the list that have received an incomplete pesticide application, when sending a notice of incompletion; and

�� (b) Forestland units from the list on which pesticide application is complete, when sending a completion verification. [2020 s.s.1 c.16 �9]

�� 527.792 Designation of forestland units. (1) If the State Forestry Department receives a notice under ORS 527.790, at the beginning of the 90-day period identified in the notice, the department shall designate the forestland units identified in the notice as being in available status. Except as provided in subsection (2) of this section, the department shall terminate the available status of a forestland unit after 90 days.

�� (2) Upon receiving a notice under ORS 527.790 specifying a date on which a pesticide application by helicopter is to be made, the department shall change the designation of any forestland unit identified in the notice to pending status.

�� (3) Upon receiving a notice of incompletion under ORS 527.791, the department shall change the designation of any forestland unit identified in the notice to incomplete status.

�� (4) Upon receiving a completion verification under ORS 527.791, the department shall change the designation of any forestland unit identified in the completion verification to completed status.

�� (5) The department shall change the designation of a forestland unit from pending status if, at 11:59 p.m. on the day following the pesticide application date specified for the forestland unit in a notice under ORS 527.790, the department has not received a notice of incompletion or completion verification for the forestland unit. Subject to subsection (1) of this section, the department shall return a forestland unit described in this subsection from pending status to available status. [2020 s.s.1 c.16 �11]

�� 527.793 Failure to send notice; penalties. (1) As used in this section, �spray season� means a period that:

�� (a) Begins on January 1 and ends on June 30 in the same calendar year; or

�� (b) Begins on July 1 and ends on December 31 in the same calendar year.

�� (2) If an operator, timber owner or landowner fails to timely send a notice under ORS

ORS 527.786

527.786.

�� (2) The State Forestry Department shall record in the department reporting system any points of diversion inventoried by the Water Resources Department that are:

�� (a) For a water use qualifying for a spray buffer; and

�� (b) Mapped with sufficient precision to allow the State Forestry Department to implement buffers under ORS 527.797 (2)(c).

�� (3) The State Forestry Department shall periodically review Water Resources Department inventory information for points of diversion and update State Forestry Department reporting system information as necessary to comply with subsection (2) of this section. [2020 s.s.1 c.16 �20]

�� 527.799 Implementing pesticide application provisions; rules. The State Forestry Department may adopt rules to implement the provisions of ORS 527.786 to 527.793, 527.794,

ORS 527.790

527.790 or timely send a notice of incompletion or completion verification under ORS 527.791 for one or more forestland units, or any combination of such failures on the same day:

�� (a) For the first day during a spray season on which one or more failures occur, the State Forestry Department shall issue the landowner a warning.

�� (b) For the second day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $1,000.

�� (c) For a third day or any subsequent day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $5,000 per day. [2020 s.s.1 c.16 �10]

�� 527.794 Department reporting system. (1) As used in this section, �department reporting system� has the meaning given that term in ORS 527.786.

�� (2) The State Forestry Department shall develop a system to allow nondepartment messages to nearby recipients described in ORS 527.789 (1), notices under ORS 527.790 and notices of incompletion or completion verifications under ORS 527.791 to be sent electronically using mobile telephone equipment to access a department reporting system. The department shall make the access system compatible with, at a minimum, the two most commonly used types of mobile telephone operating systems. [2020 s.s.1 c.16 �13]

�� 527.795 Daily spray records; penalties. (1) As used in this section:

�� (a) �Daily spray records� means records required of a pesticide operator under ORS 634.146.

�� (b) �Geographic information system data� means the electronic location data recorded during a pesticide application by helicopter.

�� (c) �Health provider� means a person holding a license, certificate or permit issued under Oregon law to provide the diagnosis, treatment or care of disease or injury in the ordinary course of business or practice of a profession, when seeking to provide diagnosis, treatment or care of a patient in response to a suspected exposure of the patient to pesticide.

�� (d) �Pesticide operator� has the meaning given that term in ORS 634.006.

�� (2) The Pesticide Analytical and Response Center shall accept requests for a pesticide operator�s daily spray records and geographic information system data concerning a pesticide application by helicopter to forestland from:

�� (a) A unit of state government, as defined in ORS 174.111;

�� (b) A law enforcement agency, as defined in ORS 181A.010; or

�� (c) A health provider.

�� (3)(a) The center shall forward a request received under subsection (2) of this section to the pesticide operator that is the subject of the request. A pesticide operator that receives a request from the center shall send the center the daily spray records and geographic information system data possessed or accessible to the pesticide operator concerning pesticide applications by helicopter to forestland identified in the request.

�� (b) The pesticide operator shall send the requested daily spray record information to the center no later than 24 hours after receiving the request. The pesticide operator shall send the requested geographic information system data to the center no later than five business days after receiving the request.

�� (c) Upon receiving requested information from a pesticide operator, the center shall forward the information received to the requesting unit of state government, law enforcement agency or health provider.

�� (4) Failure of a pesticide operator to timely send records or data as required under subsection (3) of this section is a violation subject to a fine of $1,000 per request.

�� (5) Records and data sent or received under this section are not public records for purposes of ORS 192.311 to 192.478. [2020 s.s.1 c.16 �14]

�� 527.796 Interference with pesticide application; penalties. (1) As used in this section:

�� (a) �Interfere�:

�� (A) Means to use force, violence or action that impedes a pesticide application by helicopter to forestland.

�� (B) Does not mean:

�� (i) The memorializing of pesticide application activities through photography, videotaping, audiotaping or other creation of an electronic record by a person on public property or on private property where the person has a lawful right to be present; or

�� (ii) Other activities to the extent that the activities are protected under the First Amendment to the United States Constitution or Article I, section 8, of the Oregon Constitution.

�� (b) �Nearby recipient� has the meaning given that term in ORS 527.786.

�� (2) A person that intentionally interferes with a pesticide application by helicopter to forestland commits an unclassified violation punishable by a fine of:

�� (a) $1,000, if during the five years before the date of the interference the person has not previously been found to have committed a violation under this section; or

�� (b) $5,000, if not more than five years before the date of the interference the person was found to have committed a violation under this section.

�� (3) For purposes of this section, there is a conclusive presumption that interference is intentional if performed by a nearby recipient who was sent information under ORS 527.790 (3) concerning the pesticide application. [2020 s.s.1 c.16 �15]

�� 527.797 Limitations on pesticide applications. (1) As used in this section:

�� (a) �Department reporting system,� �pesticide� and �water use qualifying for a spray buffer� have the meanings given those terms in ORS 527.786.

�� (b) �Flowing water� means surface water is present at the time of a pesticide application.

�� (c) �Inhabited dwelling� means a structure or part of a structure used as a home, residence or sleeping place by a person maintaining a household or by two or more persons maintaining a common household, but does not include outbuildings, yard areas or other land associated with the structure.

�� (d) �School� means the campus of:

�� (A) A Head Start program;

�� (B) A public or private institution offering instruction for all or part of prekindergarten through grade 12;

�� (C) The Oregon School for the Deaf;

�� (D) A regional residential academy operated by the Oregon Youth Authority;

�� (E) An education service district or community college; or

�� (F) A public or private college or university.

�� (e) �Sixth-level hydrologic unit� means the cataloging unit level of the 12-digit hydrologic unit mapping system developed by the Federal Geographic Data Committee.

�� (f) �Type D stream� means a stream that has domestic use, but does not have fish use.

�� (g) �Type F stream� means a stream that has fish use or has both domestic use and fish use.

�� (h) �Type N stream� means a stream that does not have domestic use or fish use.

�� (2) Notwithstanding ORS 527.672, a person may not directly apply pesticide by helicopter to forestland:

�� (a) Less than 300 feet from an inhabited dwelling, unless the landowner is the requester of the application;

�� (b) Less than 300 feet from a school, unless the school board or other governing body for the school is the requester of the application; or

�� (c) Subject to subsection (4) of this section, less than 300 feet from a water intake for a water use qualifying for a spray buffer:

�� (A) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is registered under ORS 527.787; or

�� (B) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is identified by the State Forestry Department and for which the location has been recorded in the department reporting system.

�� (3) On forestland that is subject to ORS 527.610 to 527.770, a person may not directly apply pesticide by helicopter near a stream:

�� (a) That is identified by the department as a Type D stream or Type F stream, within the greatest of:

�� (A) 75 feet;

�� (B) The required vegetated buffer; or

�� (C) A riparian management area existing in State Board of Forestry rules on the July 7, 2020, within which vegetation retention and special management practices are required; or

�� (b) That is identified by the department as a Type N stream and has flowing water, within 50 feet.

�� (4) The restrictions in subsection (2)(c) of this section are contingent upon the water intake location being recorded in the department reporting system. [2020 s.s.1 c.16 �16]

�� 527.798 Reporting points of diversion. (1) As used in this section, �department reporting system� and �water use qualifying for a spray buffer� have the meanings given those terms in ORS

ORS 536.220

536.220 to 536.540; and

�� (k) Pesticide control programs administered by the State Department of Agriculture under ORS chapter 634.

�� (5) In carrying out the provisions of subsection (4) of this section, the board shall consider and accommodate the rules and programs of other agencies to the extent deemed by the board to be appropriate and consistent with the purposes of ORS 527.630.

�� (6) The board shall adopt rules to meet the purposes of another agency�s regulatory program where it is the intent of the board to administer the other agency�s program on forestland and where the other agency concurs by rule. An operation performed in compliance with the board�s rules shall be deemed to comply with the other agency�s program.

�� (7)(a) The board may enter into cooperative agreements or contracts necessary in carrying out the purposes specified in ORS 527.630.

�� (b) The State Forestry Department shall enter into agreements with appropriate state agencies for joint monitoring of the effectiveness of forest practice rules in protecting forest resources and water quality.

�� (8) If, based upon the study completed pursuant to section 15 (2)(f), chapter 919, Oregon Laws 1991, the board determines that additional rules are necessary to protect forest resources pursuant to ORS 527.630, the board shall adopt forest practice rules that reduce to the degree practicable the adverse impacts of cumulative effects of forest practices on air and water quality, soil productivity, fish and wildlife resources and watersheds. Such rules shall include a process for determining areas where adverse impacts from cumulative effects have occurred or are likely to occur, and may require that a written plan be submitted for harvests in such areas.

�� (9)(a) The State Forester, in cooperation with the State Department of Fish and Wildlife, shall identify streams for which restoration of habitat would be environmentally beneficial. The State Forester shall select as a priority those streams where restoration efforts will provide the greatest benefits to fish and wildlife, and to streambank and streambed stability.

�� (b) For those streams identified in paragraph (a) of this subsection, the State Forester shall encourage landowners to enter into cooperative agreements with appropriate state agencies for conduct of restoration activities.

�� (c) The board, in consultation with appropriate state agencies, shall study and identify methods for restoring or enhancing fish and wildlife populations through restoration and rehabilitation of sites beneficial to fish and wildlife.

�� (d) The board shall adopt rules to implement the findings of this subsection.

�� (10) In addition to its responsibilities under subsections (1) to (3) of this section, the board shall adopt rules to reduce the risk of serious bodily injury or death caused by a rapidly moving landslide directly related to forest practices. The rules shall consider the exposure of the public to these safety risks and shall include appropriate practices designed to reduce the occurrence, timing or effects of rapidly moving landslides. As used in this subsection, �rapidly moving landslide� has the meaning given that term in ORS 195.250. [1971 c.316 �5; 1987 c.919 �14a; 1989 c.171 �69; 1989 c.904 �38; 1991 c.634 �7; 1991 c.919 �13; 1993 c.18 �126; 1995 c.79 �300; 1997 c.274 �54; 1997 c.413 �2; 1999 c.1103 �12; 2001 c.114 �52; 2001 c.540 �24; 2003 c.14 �342; 2003 c.539 �40; 2003 c.740 �7; 2009 c.217 �13; 2009 c.595 �983; 2011 c.83 �25; 2011 c.319 �21]

Note: Section 7, chapter 33, Oregon Laws 2022, provides:

�� Sec. 7. Tethered logging rulemaking. (1) Pursuant to the authority granted by ORS 527.710 and subject to the procedures set forth in ORS 527.714 for rules described in ORS 527.714 (1)(c), not more than three years after the effective date of this 2022 Act [March 17, 2022], the State Board of Forestry shall initiate rulemaking concerning tethered logging.

�� (2) The board shall prioritize the rulemaking.

�� (3) The rulemaking is not subject to the requirements of section 39 of this 2022 Act [527.734], but as part of the rulemaking, the board may solicit and consider reports that pertain to tethered logging from the Adaptive Management Program Committee and the Independent Research and Science Team described in sections 36 [527.732] and 38 [527.733] of this 2022 Act. [2022 c.33 �7]

(Private Forest Accord)

�� 527.711 Private Forest Accord rule package. (1) The State Board of Forestry shall, as a single rule package following a single, consolidated rulemaking process:

�� (a) Adopt rules consistent with the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, to the extent that requirements in the Private Forest Accord Report do not contravene statutory requirements.

�� (b) As needed to conform with the rules described in paragraph (a) of this subsection, and only as needed to conform with the rules described in paragraph (a) of this subsection, amend or repeal the rules in effect on March 17, 2022, that implement ORS 527.610 to 527.770.

�� (2) When adopting, amending or repealing rules as described in subsection (1) of this section, the board shall resolve any gaps or ambiguities in the requirements of the Private Forest Accord Report by:

�� (a) Referring to the intent and structure of the rules implementing ORS 527.610 to 527.770 that are in effect on March 17, 2022; and

�� (b) Achieving the outcomes described in the Private Forest Accord Report.

�� (3) The department shall:

�� (a) Publish the Private Forest Accord Report.

�� (b) Ensure that the Private Forest Accord Report remains publicly available on a department website. [2022 c.33 �2]

�� Note: 527.711 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note below).

�� Note: Section 5, chapter 33, Oregon Laws 2022, provides:

�� Sec. 5. Timeline for applicability of Private Forest Accord rule package. (1) As used in this section:

�� (a) �Common ownership� has the meaning given that term in section 16 of this 2022 Act [527.738].

�� (b) �Small forestland� means forestland that has an owner that owns or holds common ownership interest in less than 5,000 acres of forestland in this state.

�� (2) Rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711] apply only to an operation for which a notification is filed under ORS 527.670 (6):

�� (a) On or after January 1, 2024.

�� (b) Before January 1, 2024, if the operation is not completed on or before December 31, 2023.

�� (3) Notwithstanding subsection (2) of this section, rules adopted or amended as part of the rule package that relate to fish buffers apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023.

�� (4) If the State Forester determines that a forest activity electronic reporting and notice system operated by the State Forestry Department is not updated with the information necessary to implement the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the department on February 7, 2022, in time for operations to reasonably comply with the requirements by January 1, 2024, the deadlines described in subsection (2) of this section for application of rules that do not relate to fish buffers:

�� (a) May be extended by the State Forester for a period not to exceed one year; and

�� (b) After an extension described in paragraph (a) of this subsection, may be extended by the State Board of Forestry only if the board finds that the additional extension is necessary. [2022 c.33 �5]

�� Note: Sections 54 to 64, chapter 33, Oregon Laws 2022, provide:

�� Sec. 54. Statement of legislative intent concerning habitat conservation plan and incidental take permit. (1) The Legislative Assembly intends that the policies described in sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680,

ORS 537.133

537.133, 537.139, 537.140, 537.250, 772.305 and 772.310. [1989 c.509 �8; 1995 c.365 �2; 1995 c.416 �4]

�� Note: 537.139 was added to and made a part of 537.110 to 537.330 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 537.140 Application for permit; contents; maps and drawings. (1)(a) Each application for a permit to appropriate water shall be made to the Water Resources Department on a form prescribed by the department and shall set forth:

�� (A) The name and mailing address of the applicant;

�� (B) The source of water supply including the name and mailing address of any owner of the land upon which the source of the water supply is located;

�� (C) The nature and amount of the proposed use;

�� (D) The location and description of the proposed ditch, canal or other work, including the name and mailing address of the owner of any lands that are not owned by the applicant and that are crossed by the proposed ditch, canal or other work even if the applicant has obtained written authorization or an easement from the owner;

�� (E) A statement declaring whether the applicant has written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work;

�� (F) The time within which it is proposed to begin construction;

�� (G) The time required for completion of the construction;

�� (H) The time for the complete application of the water to the proposed use; and

�� (I) Any other information required in the application form that is necessary to evaluate the application as established by statute and rule.

�� (b) If for agricultural purposes, the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.

�� (c) Except as provided in subsection (2) of this section, if for power purposes, the application shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied.

�� (d) If for construction of a reservoir, the application shall give the height of dam, the capacity of the reservoir, and the uses to be made of the impounded waters.

�� (e) If for municipal water supply, the application shall give the present population to be served, and, as near as may be, the future requirements of the city.

�� (f) If for mining purposes, the application shall give the nature of the mines to be served, and the methods of supplying and utilizing the water.

�� (2) Any person who has applied to the Federal Energy Regulatory Commission for a preliminary permit or an exemption from licensing shall, at the same time, apply to the Water Resources Department for a permit to appropriate water for a hydroelectric project. An applicant for a permit to appropriate water for a new hydroelectric project shall submit to the department a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. If the copy of the federal application is filed with the department at the same time it is filed with the federal agency, at the department�s discretion such copy may fulfill the requirements for an application under subsection (1) of this section.

�� (3) Each application shall be accompanied by any map or drawing and all other data concerning the proposed project and the applicant�s ability and intention to construct the project, as may be prescribed by the Water Resources Commission. The accompanying data shall be considered a part of the application.

�� (4) The map or drawing required to accompany the application shall be of sufficient quality and scale to establish the location of the proposed point of diversion and the proposed place of use identified by tax lot, township, range, section and nearest quarter-quarter section along with a notation of the acreage of the proposed place of use, if appropriate. In addition, the department shall accept locational coordinate information, including latitude and longitude as established by a global positioning system. If the application is for a water right for a municipal use, the map need not identify the proposed place of use by tax lot.

�� (5) Each application for a permit to appropriate water shall be accompanied by the examination fee set forth in ORS 536.050 (1).

�� (6) If the proposed use of the water is for operation of a mining operation as defined in ORS 517.952, the applicant shall provide the information required under this section as part of the consolidated application under ORS 517.952 to 517.989. [Amended by 1985 c.673 �27; 1987 c.542 �5; 1989 c.509 �4; 1991 c.735 �32; 1991 c.869 �6; 1993 c.557 �1; 1993 c.591 �2; 1995 c.365 �3; 1995 c.416 �5; 1997 c.446 �1; 1997 c.587 �4; 2013 c.371 �31; 2025 c.575 �4]

�� 537.141 Uses of water not requiring water right application, permit or certificate; rules. (1) The following water uses do not require an application under ORS 537.130 or 537.615, a water right permit under ORS 537.211 or a water right certificate under ORS 537.250:

�� (a) Emergency fire-fighting uses;

�� (b) Nonemergency fire-fighting training, provided:

�� (A) The source of the water is existing storage and the use occurs with permission of the owner of the stored water; or

�� (B) If the source of water is other than existing storage, the use occurs with the prior written approval of the watermaster in the district where the training will take place and subject to any conditions the watermaster determines are necessary to prevent injury to existing water rights and to protect in-stream resources;

�� (c) Water uses that divert water to water tanks or troughs from a reservoir for a use allowed under an existing water right permit or certificate for the reservoir;

�� (d) Fish screens, fishways and fish by-pass structures, as exempted by rule of the Water Resources Commission;

�� (e) Land management practices intended to save soil and improve water quality by temporarily impeding or changing the natural flow of diffuse surface water across agricultural lands when storage of public waters is not an intended purpose. Such practices include but are not limited to:

�� (A) Terraces;

�� (B) Dikes;

�� (C) Retention dams and other temporary impoundments; and

�� (D) Agronomic practices designed to improve water quality and control surface runoff to prevent erosion, such as ripping, pitting, rough tillage and cross slope farming;

�� (f) Livestock watering operations that comply with the requirements under subsections (2) and (3) of this section;

�� (g) Forest management activities that require the use of water in conjunction with mixing pesticides as defined in ORS 634.006, or in slash burning;

�� (h) The collection of precipitation water from an artificial impervious surface and the use of such water;

�� (i) Land application of ground water so long as the ground water:

�� (A) Has first been appropriated and used under a permit or certificate issued under ORS

ORS 545.051

545.051 to 545.105, 545.109, 545.123, 545.126 and 545.131.

�� (14) Formations and boundary alterations under ORS 547.005 to 547.060 and 547.250 to 547.260.

�� (15) Formations and organizations under ORS chapter 551. [1975 c.326 �2; 1991 c.167 �1; 1999 c.452 �29; 2003 c.226 �20; 2005 c.209 �1]

�� Note: 12.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 12.272 Action based on pesticide application. (1) Notwithstanding any other provision of this chapter, no action against a landowner, person for whom the pesticide was applied or pesticide operator arising out of the use or application of any pesticide shall be commenced unless the person commencing the action, within the time specified by ORS

ORS 561.590

561.590 governing the procedures for the declaration of quarantines.

�� (2) The request, referred to in subsection (1) of this section, shall include the following:

�� (a) The description, including proposed boundaries, of the territory proposed to be a restricted area.

�� (b) A concise statement of the need for the establishment of the restricted area proposed.

�� (c) A concise statement of the pesticides and the times, methods or rates of pesticide application to be restricted.

�� (3)(a) In considering the establishment of a restricted area wherein herbicides are to be restricted, the outer boundaries of such proposed restricted area shall not be in excess of 10 airline miles beyond the outer boundary of the protected area, and if a restricted area wherein all other pesticides are to be restricted shall not be in excess of one airline mile beyond the outer boundary of the protected area.

�� (b) In considering the establishment of a restricted area, the factors set forth in ORS 634.212 (5) shall be considered.

�� (c) ORS 634.216 shall apply to the establishment of a restricted area, except that such restricted area shall be governed and administered by the area committee of the protected area, which committee shall have the same powers and duties set forth in ORS 634.226 (2)(b), and except such restricted area shall not be deemed to be a governmental subdivision of this state as a public body corporate.

�� (d) In the event that a restricted area is established pursuant to subsection (1) of this section, the area committee shall be expanded to include one additional member who resides in the restricted area, but outside of the protected area. The additional member shall be elected in accordance with ORS 634.226. [1973 c.341 �28; 2009 c.98 �29]

�� 634.233 [1961 c.294 �9; 1969 c.268 �5; repealed by 1973 c.341 �37]

�� 634.234 [1969 c.268 �3; repealed by 1973 c.341 �37]

�� 634.235 [1953 c.685 �12; 1961 c.294 �10; 1969 c.268 �6; 1971 c.620 �1; repealed by 1973 c.341 �37]

�� 634.236 Increasing or decreasing size of protected area; consolidation of areas. (1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within a protected area, the State Department of Agriculture may include additional adjacent territory in a protected area or withdraw territory from a protected area. The procedures to be followed by the department in considering such petition shall be those set forth in ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines.

�� (2)(a) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within two or more adjacent protected areas, the department may consolidate such adjacent protected areas. The procedures shall be the same as described in subsection (1) of this section.

�� (b) In the event of consolidation of protected areas, the corporate existence and terms of office of the area committee members of the preexisting protected areas shall terminate upon the filing of the order described in ORS 634.216. ORS 634.216 applies to the newly consolidated protected area, and all rights, powers, assets and duties of the several preexisting protected areas shall be vested in, and assumed by the newly consolidated protected area.

�� (c) The establishment, organization, duties and authority of the area committee of the consolidated protected area shall be in accordance with ORS 634.226. [1973 c.341 �29; 2009 c.98 �30]

�� 634.240 [Amended by 1953 c.685 �12; 1961 c.294 �11; 1969 c.131 �4; repealed by 1973 c.341 �37]

�� 634.242 Taxing power of area committee; limitation on amount of levy. (1) The area committee of a protected area may levy and cause to be collected an ad valorem tax for the purpose of paying the obligations of the protected area incurred in the administration of its responsibilities under this chapter.

�� (2) The levy in any one year shall not exceed one-fortieth of one percent (0.00025) of the real market value of all taxable property within the protected area, computed in accordance with ORS 308.207. The taxes shall be levied and collected at the time and in the manner provided for the levy and collection of state and county taxes, and shall be paid by the county officers collecting the same to the treasurer of the protected area. [1973 c.341 �30; 1991 c.459 �438]

�� 634.245 [1953 c.685 �12; repealed by 1969 c.268 �16]

�� 634.250 [Amended by 1953 c.685 �12; 1961 c.294 �12; 1969 c.268 �7; 1971 c.699 �19; repealed by 1973 c.341 �37]

�� 634.260 [Repealed by 1973 c.341 �37]

�� 634.270 [Repealed by 1973 c.341 �37]

�� 634.280 [1965 c.22 �3; repealed by 1973 c.341 �37]

�� 634.300 [1969 c.268 �8; repealed by 1973 c.341 �37]

ADMINISTRATION AND ENFORCEMENT

�� 634.306 General duties and powers of department; rules. In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may adopt rules to carry out the purposes and intent of this chapter, including but not limited to rules that:

�� (1) Establish and maintain a program required for an individual to work or engage in the application or other use of pesticides as a pesticide trainee or noncommercial pesticide trainee. In this regard, the department may take into consideration:

�� (a) Requirements for submission of applications by pesticide trainees or noncommercial pesticide trainees.

�� (b) Minimum and maximum periods of work or experience required for pesticide trainees or noncommercial pesticide trainees.

�� (c) Work performance records or reports to be maintained by pesticide trainees, noncommercial pesticide trainees or their employers.

�� (d) Acceptance of educational qualifications, applicable work or experience in similar or other fields in lieu of, or as a part of, periods of employment or work by pesticide trainees or noncommercial pesticide trainees.

�� (e) Forms and types of pesticide trainee certificates or noncommercial pesticide trainee certificates to be issued by the department, authorizing trainees to apply pesticides in all or part of the classes of operations or businesses set forth in subsection (2) of this section.

�� (f) Laws and requirements relating to other professional, trade or industry trainee or apprenticeship programs in this or other states.

�� (g) Special requirements if the pesticide trainee or noncommercial pesticide trainee is to assist a pesticide applicator or noncommercial pesticide applicator in the spraying or other application of pesticides by aircraft, and the advisability of allowing participation in federal flight training programs to be substituted, all or in part, for training requirements under this chapter.

�� (2) Establish and maintain classifications of the various pesticides and of the various pest control or pesticide application businesses in order to facilitate the licensing or certification and regulation of pesticide consultants, operators, applicators, noncommercial applicators, private applicators and trainees. In this regard the department may take into consideration:

�� (a) Various types, formulations and characteristics of pesticides used and their purposes.

�� (b) Various methods of application of the pesticides.

�� (c) Precautions required for safe and effective application of the pesticides.

�� (3) Designate pesticides authorized to be used or applied, or prohibited from use or application, by persons in order to qualify for an exemption under ORS 634.106.

�� (4) Establish and maintain classifications of pesticides and devices that are deemed to be highly toxic or restricted-use pesticides or devices. In this regard, the department shall take into consideration:

�� (a) Laws and regulations of the federal government, including the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended, and the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973.

�� (b) Laws and regulations of other states.

�� (c) Advice and counsel of experts in pesticides from industry, universities and colleges and other governmental agencies or bodies.

�� (5) Establish and maintain types of pesticide consultant, applicator or noncommercial applicator examinations and reexaminations, schedules for required reexaminations and other measures deemed necessary for fair and reasonable testing of applicants as provided in ORS 634.122 (5) and 634.124 (5).

�� (6) Designate the conditions under which pesticide operators that are or that employ pesticide applicators to spray or otherwise apply pesticides by aircraft may reduce, suspend or terminate the liability insurance required by ORS 634.116, and the periods of time for a reduction, suspension or termination. In this regard, the department may take into consideration:

�� (a) Changes in climate or seasons.

�� (b) Periods when certain crops are or have been harvested.

�� (c) Restricted or limited use of various types or classes of pesticides.

�� (d) Possibilities of injury or death to humans and loss or damage to real or personal property.

�� (7) Establish the conditions and amounts allowed for deductible classes in the liability insurance required by ORS 634.116.

�� (8) Establish and maintain programs of instruction or educational courses for pesticide consultants, operators, applicators, noncommercial applicators and private applicators in cooperation with Oregon State University or others, wherein, as far as is practicable, provisions are made so as to allow the pesticide operators and applicators to participate only in the instruction or courses directly or indirectly related to their particular activities. Attendance of licensees may be required.

�� (9) Prepare and distribute a manual, or other form of publication, containing information helpful and beneficial to individuals engaged in pesticide application or use or to persons preparing to qualify for licensing as a pesticide operator, consultant, applicator or noncommercial applicator and establish charges therefor.

�� (10) Establish, from time to time, advisory groups or committees to assist the department in formulation of policies, plans or regulations under this chapter. Each member of any such group or committee so established shall be entitled to compensation and expenses as provided in ORS 292.495, to be charged to the department.

�� (11) Establish registration fees for pesticide brands and formulae or formulations under those pesticide brands.

�� (12) Establish restrictions or prohibitions as to the form of pesticides allowed to be mixed, applied or added to fertilizers, seed or grains.

�� (13) Establish restrictions, methods and procedures in the storage, transportation, use or application of restricted-use pesticides or highly toxic pesticides in order to protect humans, pollinating insects, bees, animals, crops, wildlife, land or environment.

�� (14) Establish and maintain a system for certification of private applicators. In this regard, the department shall take into consideration:

�� (a) Laws and regulations of the federal government, including the provisions of the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973, and the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended thereby, and regulations thereunder.

�� (b) Minimum periods of experience required and types of experience, education or work acceptable.

�� (c) Forms and types of private applicator certificates to be issued by the department, authorizing private applicators to apply pesticides in all or part of the classifications of pesticides set forth in subsection (4) of this section. [1973 c.341 �32; 1999 c.1059 ��13,17; 2015 c.833 ��7,8; 2017 c.17 ��46,47; 2019 c.13 ��56,57; 2021 c.177 �2; 2022 c.53 �8]

�� 634.310 [1969 c.268 �9; repealed by 1973 c.341 �37]

�� 634.312 Department to develop programs for solution of pesticide and synthetic chemical problems. The increasing formulation, distribution, application and use of pesticides and other synthetic chemicals have created serious problems with storage, disposition and transportation of pesticides and other synthetic chemicals which cannot or should not be distributed, applied or used. Such problems include but are not limited to the recall and storage of pesticides and other synthetic chemicals prohibited from distribution, application or use because of a violation of or noncompliance with a law or regulation. The State Department of Agriculture shall review scientific information relating to such problems and develop immediate and long-range programs or plans for solutions to such problems, and for these purposes seek the advice of governmental agencies or bodies. [1973 c.341 �4; 1993 c.742 �112]

�� 634.316 List of highly toxic and restricted-use pesticides. The State Department of Agriculture may establish, maintain and amend lists of pesticides and devices which are highly toxic or restricted-use pesticides or devices. [1973 c.341 �8]

�� 634.320 [1969 c.268 �10; repealed by 1973 c.341 �37]

�� 634.322 Enforcement powers of department. In carrying out and enforcing the provisions of this chapter, the State Department of Agriculture is authorized:

�� (1) To collect samples of pesticides from any source, for analysis to determine compliance with this chapter.

�� (2) In accordance with the provisions of ORS 561.605 to 561.630, to seize or embargo any pesticide or device which is misbranded, adulterated or otherwise in violation of this chapter.

�� (3) Notwithstanding the provisions of ORS 561.605 to 561.630, whenever the department has reasonable cause to believe a pesticide or device is being formulated, distributed, stored or transported in violation of any of the provisions of this chapter, to issue and serve a written �stop sale, use or removal� order to and upon the owner or person in custody of any such pesticide or device. In the event the owner or person in custody is not available for service of the order, the department may attach a copy of the order to the pesticide or device. Upon issuance of the order, the pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released, by written notice of the department, under conditions specified by the department.

�� (4) In accordance with the provisions of ORS chapter 183, to revoke, suspend or refuse to issue or renew any license or certificate if it determines that an applicant, licensee or certificate holder has violated:

�� (a) A provision of this chapter;

�� (b) A rule adopted by the department for the administration or enforcement of this chapter;

�� (c) A provision of federal law set forth in 7 U.S.C. 136 to 136y, as amended and in effect on July 1, 2019; or

�� (d) A federal regulation set forth in 40 C.F.R. 152.1 to 180.2020, as amended and in effect on July 1, 2019.

�� (5) In accordance with the provisions of ORS chapter 183, to amend, suspend or revoke the registration of a pesticide for violation of any of the provisions of this chapter.

�� (6) To establish limitations and procedures deemed necessary and proper for the protection of persons, pollinating insects, bees, animals, crops, wildlife, land or environment, on the following:

�� (a) Quantities of packages;

�� (b) Quantities of sales;

�� (c) Uses or applications;

�� (d) Methods of sale, including prescription or permit requirements; or

�� (e) Persons to whom sold.

�� (7) To inspect any records required to be maintained by persons formulating, distributing, using or selling the pesticides described in ORS 634.306 (4), and to cause monitoring of the effects of such pesticides on human or animal life in any area where it is used or applied by a recognized and qualified person or agency.

�� (8) To enter into cooperative and reciprocal agreements with the federal government, or any of its agencies, for the purpose of enforcement of the provisions of this chapter or federal laws and regulations on the same subject matters, and to receive and expend funds pursuant to such agreements in furtherance of such purpose.

�� (9) To cooperate with, and request the assistance of, Oregon State University, governmental agencies or other persons for the purpose of enforcement of the provisions of this chapter.

�� (10)(a) To act jointly in, and with the concurrence of the State Forester and a research specialist designated by Oregon State University, the issuance of permits for the use of isopropyl ester of 2,4-D or any other ester of equal or higher volatility with regard to plant damage. Each such permit shall specify:

�� (A) The particular ester allowed;

�� (B) The boundaries of the area in which it may be used; and

�� (C) The prescribed time limit and condition under which it may be applied.

�� (b) Such permits shall only be issued when the issuing authority determines that the use of the ester will not damage agricultural and forest products and susceptible crops. In making such determination, the issuing authority shall consider research data, topography, climate, temperature, humidity, prevailing winds, characteristics of the ester and location of agricultural and forest products and susceptible crops. Such permits may be issued subject to conditions prescribed by the issuing authority. Issuance of such permit shall not be construed as a waiver of any of the provisions of this chapter. [1973 c.341 �33; 1979 c.232 �3; 2021 c.177 �3]

�� 634.326 Use of moneys received by department. (1) The State Department of Agriculture shall deposit all fees paid to it under the provisions of this chapter in the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter.

�� (2) An amount of the fees and moneys referred to in subsection (1) of this section not to exceed 10 percent of registration fees received under ORS 634.016 may be used by the department pursuant to agreements entered into between the department and the Dean of the College of Agricultural Sciences of Oregon State University, with the advice of the Minor Crops Advisory Committee for the purposes set forth in subsection (3) of this section.

�� (3) The amounts provided for in subsection (2) of this section shall be used by the Dean of the College of Agricultural Sciences of Oregon State University for research projects and investigations agreed upon by the dean and the department directed toward obtaining pesticide use registrations needed by growers to produce crops economically in Oregon.

�� (4) The department shall apply $10 of each registration fee collected pursuant to ORS

ORS 561.605

561.605 to 561.630. [Amended by 1973 c.227 �4]

�� 616.230 Definitions and standards; conformity to federal regulations; rules. (1) The State Department of Agriculture, by rule, shall establish definitions and standards of identity, quality and fill of container for the State of Oregon. In carrying out the provisions of this subsection, the department shall take into consideration definitions and standards established in other states and definitions and standards established pursuant to the federal Act.

�� (2) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall promulgate rules establishing definitions and standards of identity, quality and fill of container for foods for which no such definitions or standards have been established under the federal Act. In addition, the department may promulgate rules supplementing or amending any rule under the federal Act which sets definitions and standards of identity, quality and fill of container for foods.

�� (3) Temporary permits for interstate shipment of experimental packs of food varying from the requirements of definitions and standards of identity under the federal Act are effective in this state under the conditions stated in such permits. In addition, the department may issue additional permits when such permits are determined by the department to be necessary to the completion or conclusiveness of an otherwise adequate investigation and when the interests of consumers are safeguarded. Such permits shall be subject to any terms and conditions the department may prescribe. [Amended by 1973 c.227 �5; 1975 c.304 �5]

�� 616.235 When food deemed adulterated; rules. A food shall be deemed to be adulterated:

�� (1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

�� (b) If it bears or contains any added poisonous or added deleterious substance, other than a pesticide chemical in or on a raw agricultural commodity and other than a food additive or color additive, which is unsafe within the meaning of ORS 616.245, or it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of ORS 616.341 or if it is, bears or contains any food additive which is declared unsafe by the State Department of Agriculture under ORS 616.350. However, when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under ORS 616.341, and such raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding ORS 616.341 and this section are not unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat, is not greater than the tolerance prescribed for the raw agricultural commodity.

�� (c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food.

�� (d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.

�� (e) If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.

�� (f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

�� (2)(a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

�� (b) If any substance has been substituted wholly or in part therefor;

�� (c) If damage or inferiority has been concealed in any manner; or

�� (d) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

�� (3)(a) If it is confectionery and has partially or completely imbedded therein any nonnutritive object. This paragraph does not apply in the case of any nonnutritive object if, in the judgment of the department, such object is of some practical functional value to the confectionery product and would not render the product injurious or hazardous to health.

�� (b) If it bears or contains any alcohol except alcohol not in excess of one-half of one percent by weight used solely as a flavoring.

�� (c) If it bears or contains any nonnutritive substance. This paragraph does not apply to a nonnutritive substance which is in or on confectionery if, in the judgment of the department, its use is of some practical functional value in the manufacture, packaging or storing of such confectionery and if the use of such substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of ORS 616.205 to

ORS 569.390

569.390, with permission of the owner or occupant of land, employees of the State Department of Agriculture, or of designated weed control districts, may enter the land to identify noxious weeds and to implement or provide for the implementation of integrated noxious weed control measures, including but not limited to the application of pesticides to the land. The control or eradication of noxious weeds may be conducted with or without charge to the owner or occupant of the land. A notice as described in subsection (2) of this section is not required for the conduct of activities described in this subsection. [Formerly 570.530]

�� 569.390 Owner or occupant to eradicate weeds. Each person, firm or corporation owning or occupying land within the district shall destroy or prevent the seeding on such land of any noxious weed within the meaning of ORS 569.360 to 569.495 in accordance with the declaration of the county court and by the use of the best means at hand and within a time declared reasonable and set by the court, except that no weed declared noxious shall be permitted to produce seed. [Formerly 570.535; 2011 c.597 �233]

�� 569.395 Eradication of weeds on public lands and rights of way. The State Highway Commission, the respective county courts, reclamation districts and municipalities shall destroy or prevent the spread or seeding of any noxious weed within the meaning of ORS 569.360 to 569.495 on any land owned by them or constituting the right of way for any highway, county road, drainage or irrigation ditch, power or transmission line, or other purposes under their respective jurisdictions. [Formerly

ORS 570.110

570.110 and 570.115 shall be exercised only in great and imminent danger to the fruit interests of the state and with utmost caution and regard for the rights of individuals affected, consistent with the safety and welfare of the fruit interest of the whole state.

�� 570.125 Inspector of outgoing shipments. (1) Upon request of any nurseryman or tree dealer doing business within this state, the Director of Agriculture may deputize a suitable person to inspect outgoing shipments from such nurseryman or tree dealer. The nurseryman or tree dealer shall pay the person so deputized for services while they are required by such nurseryman or tree dealer.

�� (2) In case the shipping business of any two or more nurserymen and tree dealers is not in the aggregate more than one person can inspect properly and such group makes satisfactory arrangements for payment of the person making such inspection, the director may deputize a person to inspect the shipment of all members of such group.

�� (3) No person deputized by the director to inspect outgoing shipments of nursery stock shall make any certificate concerning such shipments which is not true. No person so deputized shall allow a certificate of inspection given by the person to be attached to any tree, shrub, vine, plant, scion, bud, or box, crate, bale, bundle or container of the same or of any of them unless the person personally has inspected the articles and all of them immediately before signing such certificate, which must be dated in writing at the time it is signed.

�� (4) The director may revoke deputization of any such person at any time if the director believes such person is not properly doing the duty of the person.

�� 570.130 Shipments marked to indicate place of origin; must be free from plant pests. When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops is brought into this state or shipped within the state, the required permits, tags or markings of the state of origin must be attached to the container, and the shipment must be free of injurious insects or other plant pests and of eggs, larvae or pupae of injurious insects or other plant pests. [Amended by 2015 c.203 �7]

�� 570.135 Premises may be entered for inspection. The officers, employees, deputies and inspectors of the State Department of Agriculture and the county horticultural inspectors and their deputies may enter at any time into any car, warehouse, depot, or upon any ship within the boundaries of this state, whether in the stream or at the dock, wharf, mole or any other place where nursery stock, fruit, vegetables, seed, field crops or other articles are received, or in which any articles are imported into the state, for the purpose of making the investigation or examination to ascertain whether the articles are infested with any injurious insects or other plant pests or the eggs, larvae or pupae of injurious insects or other plant pests. [Amended by 2015 c.203 �8]

�� 570.140 Shipment found to contain plant pest; notice to shipper. When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops is found upon inspection to be infested with injurious insects or other plant pests or the eggs, larvae or pupae of injurious insects or other plant pests, the inspector shall give the shipper notice of the pests found and the manner of disposition, as provided for in ORS 570.145 to 570.165. [Amended by 2015 c.203 �9]

�� 570.145 Procedure when shipment articles can be separated. (1) If, in the judgment of the inspector, materials not infested or infected can be separated from the infested or infected article without danger of the insects or other plant pests or the eggs, larvae or pupae of insects or other plant pests escaping from the article, and the owner or the person having control or possession of the articles desires to separate as instructed, the officer making the inspection shall give permission in writing to make the separation:

�� (a) Within a specified time;

�� (b) At the expense of the owner or responsible party who authorized the separation; and

�� (c) Under the supervision of an official or of a person authorized by the inspector to exercise supervision.

�� (2) If the official who makes the inspection has other official work awaiting and it appears that the time required for separating and destroying the articles may exceed one hour, the official may authorize and deputize an appropriate person to supervise the separation of the infested or infected articles from the uninfested or uninfected articles and the destruction of the infested and infected articles. The person so authorized shall be paid by the owner or the party who authorized the separation, or by both, for services while supervising the separation and destruction of the articles. [Amended by 2015 c.203 �10]

�� 570.150 Procedure when shipment articles can be treated. When, in the judgment of the inspector, all or part of a shipment can be treated to exterminate the plant pests or diseases, the owner or responsible agents of the owner shall be so notified. The notice shall include the exact method and materials to be used, and provide that all treatments shall be given under direct supervision of an authorized inspector and shall be done at the expense of the owner or the party who authorized such treatment or both.

�� 570.155 Disposition of shipment when articles not separated or treated. (1) If no provision is made by the inspecting official for disposition by separation or treatment, the notice provided for in ORS 570.140 must require that all condemned materials be promptly shipped out of the state within a specified time, the limit of which may not be less than 48 hours or more than 10 days, according to the nature of the insects or other plant pests. The owner or person in charge of the materials shall ship the materials under the direction of the officer making the inspection and at the expense of the owner or agent of the owner.

�� (2) If the owner or the agent of the owner fails to comply with the notice, the articles shall be destroyed by the officer at the expense of the owner or agent. If the articles cannot be reshipped out of the state without danger of the insect or other plant pest escaping to the orchards, vineyards, farms, gardens or ornamentals and their products of Oregon, the articles shall immediately be destroyed by, or under the direction of, the inspecting official or the person who inspected the articles. [Amended by 2015 c.203 �11]

�� 570.160 Procedure when shipment is sound, but from infected or infested area. In case the shipment, although apparently sound and not infested or infected by any pests, is from an infested or infected district beyond the limits of this state, the inspector shall notify the owner or person in charge thereof, and shall require such owner or person to fumigate or sterilize such shipment, or to destroy or to treat such shipment in the manner directed by the inspector and under the supervision of the inspector or under the supervision of some person appointed by the inspector for that purpose, or to return it to the point of origin or ship out of the state.

�� 570.165 Service and sufficiency of notices provided for in ORS 570.140 to 570.165. Any notice required by ORS 570.140 to 570.165 must be delivered in person or sent by mail to the owner or person in charge of the infested or infected articles at the last-known place of address of the owner or person in charge. A notice mailed to the shipper or shippers of infested or infected articles at the return address on any such shipment of infested or infected articles is considered sufficient notice to the owner or owners thereof within the requirements of ORS 570.140 to 570.165. [Amended by 2005 c.22 �387]

�� 570.170 Department to make inspections; infected or infested matter declared public nuisance. The State Department of Agriculture, whenever the department deems necessary, shall cause an inspection to be made of any orchards, nurseries, trees, plants, vegetables, vines or field crops or any fruit packing house, storeroom, salesroom or any other place or thing within this state. Any places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, field crops or articles found infested or infected with any insects or other plant pests injurious to fruits, plants, trees, vegetables, vines, grain or other field crops, or with seeds, eggs, larvae or pupae of injurious insects or other plant pests liable to spread to other places or localities, or of such a nature as to be a public danger, are declared to be a public nuisance. The department shall give the record owner or owners written notice that the articles, things or places are infested or infected. [Amended by 2015 c.203 �12]

�� 570.175 Procedure for abatement of public nuisance. (1) Whenever any public nuisance as described in ORS

ORS 570.170

570.170 or 570.180. This subsection does not apply to compensation for an abatement-related loss that results from the application of a pesticide in a faulty, careless or negligent manner. [2009 c.98 �8]

PROTECTIVE MEASURES AGAINST SPREAD OF PLANT PESTS

�� 570.305 Department officials to prevent introduction of plant pests. The Director of Agriculture, and the chief of the division of plant industry, are authorized and directed to use such methods as may be necessary to prevent the introduction into this state of dangerous insects or other plant pests, and to apply methods necessary to prevent the spread, to establish control and to accomplish the eradication of insects or other plant pests that may seriously endanger agricultural and horticultural interests of the state. The methods may be established or introduced if the director or chief considers control or eradication to be possible and practicable. [Amended by 2015 c.203 �14]

�� 570.310 Cooperation with interested groups and agencies. (1) The Director of Agriculture, and the chief of the division of plant industry, may cooperate with any group of citizens, municipalities and counties in the state, Oregon State University, the extension service, the Secretary of Agriculture of the United States, and such agencies as the director designates to carry out the provisions of this section and ORS 570.305.

�� (2) The director, acting by and through the chief of the division of plant industry, may in the discretion of the director, provide funds, labor, materials and supplies for the purposes of this section and ORS 570.305.

�� 570.320 Horticultural inspectors to prevent introduction of diseased matter into state. It is the special duty of all officers, employees and deputies to whom the duty to act as horticultural inspectors is assigned, to inspect nursery stock, trees, shrubs, plants, fruits, bulbs and vegetables and other articles mentioned in ORS 570.320 to 570.330, coming from points within the state, and to enforce the provisions of ORS

ORS 570.705

570.705 and 570.710. [1999 c.390 �4; 2009 c.98 �24]

�� 570.997 Civil penalties for plant pest control or movement violation. (1) In addition to any applicable fine under ORS 561.993 or 569.990 or other penalty, a person is subject to imposition by the State Department of Agriculture of a civil penalty, not to exceed $10,000, if the person:

�� (a) Violates a rule adopted under ORS 570.210; or

�� (b) Violates the conditions of a permit described in ORS 570.215.

�� (2) Each violation of a rule adopted under ORS 570.210 or of a condition of a permit described in ORS 570.215 is a separate offense subject to a separate civil penalty.

�� (3) The department shall develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations.

�� (4) The imposition of a civil penalty under this section is subject to ORS 183.745.

�� (5) The State Treasurer shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Account. Moneys deposited under this subsection are continuously appropriated to the State Department of Agriculture for carrying out plant pest prevention and control activities. [2009 c.98 �10]

�� 570.998 Civil penalty for firewood violation. Violation of ORS 570.720 or a State Department of Agriculture rule adopted under ORS 570.720 is punishable by a civil penalty, not to exceed $10,000. The imposition of a civil penalty under this section is subject to ORS 183.745. Any civil penalty recovered under this section shall be deposited in the Invasive Species Control Account established under ORS 570.810. [2011 c.439 �2]

ORS 576.304

576.304, at any time following the initial appointment of all commissioners for a commodity commission under ORS 576.206 (3), and subject to ORS 576.215, the commission may amend the rules adopted by the temporary commission members under ORS 576.206 (2) to change the number and geographic representation of the commissioners. Any rule amendment adopted under this subsection shall apply to commissioner appointments made by the Director of Agriculture after the effective date of the rule amendment. [1953 c.489 �13; 1957 c.447 �11; 2003 c.604 �33; 2013 c.90 �3]

�� 576.235 [1953 c.489 �14; 1965 c.515 �2; 1977 c.198 �9; repealed by 2003 c.604 �109]

�� 576.245 Office vacant when member ceases to be qualified. The Director of Agriculture shall immediately declare the office of any appointed producer or handler member of a commodity commission vacant whenever the director finds that such member has ceased to be an active producer or handler in this state, has become a resident of another state or is unable to perform the duties of office. [1953 c.489 �15; 1957 c.447 �12; 1965 c.515 �3; 1977 c.198 �10; 2003 c.604 �34; 2005 c.22 �390]

�� 576.255 Removal of members. (1) The Director of Agriculture may remove any member of a commodity commission for inefficiency, neglect of duty or misconduct in office, after a public hearing and after serving upon the member a copy of the charges against the member, together with a notice of the time and place of the hearing, at least 10 days prior to such hearing. At the hearing the member shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer the charges and explain the facts alleged against the member.

�� (2) In every case of removal, the director shall file in the office of the Secretary of State a complete statement of all charges against the member, the findings of the director and a record of the entire proceedings held in connection with the charges. [1953 c.489 �16; 1965 c.515 �4; 1977 c.198 �11; 2005 c.22 �391]

�� 576.265 Travel and other expenses of members; per diem; rules. (1) A commodity commission may adopt rules establishing the amount of payment that a member of the commission receives under ORS 292.495 (1) for each day or portion of a day during which the member is actually engaged in the performance of official duties. The amount may exceed, but not be less than, the amount of payment that would otherwise be provided under ORS 292.495 (1).

�� (2) Members, officers and employees of a commodity commission shall receive their actual and necessary travel and other expenses incurred in the performance of their official duties. Subject to any limitations described under ORS 292.495 (2), the commission shall adopt uniform and reasonable rules governing the incurring and paying of such expenses. [1953 c.489 �17; 1959 c.596 �10; 2005 c.22 �392; 2009 c.137 �1]

�� 576.275 Meeting place of commission. A commodity commission may establish a meeting place anywhere within this state the commission selects, but the selection of the location must be guided by consideration for the convenience of the majority of those persons most likely to have business with the commission or be affected by the acts of the commission. This section does not prohibit a commission from participating in meetings outside this state for purposes of advancing the work of the commission. [1953 c.489 �18; 2003 c.604 �35]

�� 576.285 Commission organization; meetings. A commodity commission shall meet as soon as practicable for the purposes of organizing. It shall elect a chairperson and a secretary-treasurer from among its members. It shall adopt a general statement of policy for guidance, and shall transact such other business as is necessary to start the work of the commission. Thereafter, the commission shall meet regularly once each six months, and at such other times as called by the chairperson. The chairperson may call special meetings at any time, and shall call a special meeting when requested by two or more members of the commission. [1953 c.489 �19; 2005 c.22 �393]

�� 576.295 [1953 c.489 �10; 1955 c.732 �3; part renumbered 576.055; 1959 c.596 �11; repealed by 2003 c.604 �109]

�� 576.304 Authority of commodity commissions; rules. A commodity commission may:

�� (1) Appoint all subordinate officers and employees of the commission, prescribe their duties and fix their compensation.

�� (2) Levy assessments under ORS 576.325.

�� (3) Borrow money in amounts that do not exceed estimated revenues from assessments for the year.

�� (4) Enter into contracts for carrying out the duties of the commission.

�� (5) Subject to ORS 30.260 to 30.300, sue and be sued in the name of the commission.

�� (6) Request that the Attorney General prosecute in the name of the State of Oregon suits and actions for the collection of assessments levied by the commission.

�� (7) Study state and federal legislation with regard to tariffs, duties, reciprocal trade agreements, import quotas and other matters affecting commodity industries and the state. A commission may represent and protect the interests of a commodity industry regarding any legislation, proposed legislation or executive action affecting the commodity industry.

�� (8) Participate in federal and state hearings or other proceedings concerning regulation of the manufacture, distribution, sale or use of pesticides as defined in ORS 634.006 or other chemicals that are of use or potential use to producers of a commodity. This subsection does not authorize a commodity commission to regulate the use of pesticides.

�� (9) To the extent consistent with the duties of the commission, participate in and cooperate with local, state, national and international private organizations or governmental agencies that engage in work similar to that of a commodity commission.

�� (10) Provide mechanisms for maintaining and expanding existing markets and developing new domestic and foreign markets for a commodity, including but not limited to:

�� (a) Public relations programs;

�� (b) Media relations programs;

�� (c) Paid print, electronic and position advertising;

�� (d) Point of sale promotion and merchandising;

�� (e) Paid sales promotions and coupon programs; and

�� (f) Activities that prevent, modify or eliminate trade barriers that obstruct the free flow of a commodity to market.

�� (11) Conduct and fund research to:

�� (a) Enhance the commercial value of a commodity and products derived from the commodity;

�� (b) Discover the benefits to public health, the environment or the economy of consuming or otherwise using a commodity;

�� (c) Develop better and more efficient production, harvesting, irrigation, processing, transportation, handling, marketing and uses of a commodity;

�� (d) Control or eradicate hazards to a commodity, including but not limited to hazards from animals, pests and plants;

�� (e) Develop viable alternatives for the rotation of crops;

�� (f) Determine new or potential demand for a commodity and develop appropriate market development strategies for capturing that demand; and

�� (g) Measure the effectiveness of marketing, advertising or promotional programs.

�� (12) Gather, publicize and disseminate information that shows the importance of the consumption or other use of a commodity to public health, the environment, the economy and the proper nutrition of children and adults.

�� (13) Further the purposes of this section by funding scholarships for or providing financial assistance to persons or entities interested in a commodity.

�� (14) Adopt rules in accordance with ORS chapter 183 for carrying out the duties, functions and powers of the commission. [2003 c.604 �8 (enacted in lieu of 576.305)]

�� 576.305 [1953 c.489 �20; 1957 c.447 �13; 1959 c.596 �12; repealed by 2003 c.604 �7 (576.304 enacted in lieu of 576.305)]

�� 576.306 Independent contractors performing services for commission; rentals and acquisitions; rules. (1) A commodity commission may contract with an independent contractor for the performance of administrator or other services. However, the commission may not contract with an independent contractor to perform the discretionary functions of the commission. As used in this subsection, �discretionary functions� does not include collecting assessments, scheduling meetings, processing payments or other administrative duties, tasks or projects assigned by the commodity commission. ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services under this subsection, except that a contract for such services may not take effect until approved by the State Department of Agriculture as provided in subsection (6) of this section.

�� (2) The commission may rent space or acquire supplies and equipment from any contractor as described in subsection (1) of this section. ORS chapters 276, 278, 279A, 279B, 279C and 283 and ORS 276A.206, 279.835 to 279.855 and 283.085 to 283.092 do not apply to such rentals or acquisitions.

�� (3) Except as provided in this section, a contractor described in subsection (1) of this section shall be considered an independent contractor and not an employee, eligible employee, public employee or employee of the state for purposes of Oregon law, including ORS chapters 236, 238, 238A, 240, 243, 291, 292, 316 and 652.

�� (4) A contractor described in subsection (1) of this section shall be considered an independent contractor and not a worker for purposes of ORS chapter 656 and ORS 670.600.

�� (5) A contractor described in subsection (1) of this section may not be considered a public official, public officer, state officer or executive official for purposes of Oregon law, including ORS chapters 236, 244, 292, 295 and 297 and ORS 171.725 to 171.785.

�� (6) The State Department of Agriculture shall review the contract described in subsection (1) of this section for the adequacy of the clauses pertaining to statement of work, starting and ending dates, consideration, subcontracts, funds authorized in the budget, amendments, termination, compliance with applicable law, assignment and waiver, access to records, indemnity, ownership of work product, nondiscrimination, successors in interest, attorney fees, tax certification or merger or any other clause the department deems necessary.

�� (7) The Oregon Department of Administrative Services, in consultation with the State Department of Agriculture, shall adopt rules necessary for the screening and selection of independent contractors under this section.

�� (8) Except as provided in subsection (7) of this section, the State Department of Agriculture may promulgate any rules necessary for the administration and enforcement of this section. [1991 c.948 �2; 1997 c.802 �21; 2003 c.733 �79; 2003 c.794 �302; 2005 c.22 ��394,395; 2012 c.107 �66; 2019 c.275 �8]

�� 576.307 Provision of state services to commission. (1) Upon request by a commodity commission, the Oregon Department of Administrative Services may:

�� (a) Purchase or otherwise provide for acquiring or furnishing supplies, materials, equipment and services, other than personal services, that the commission requires and for independent contractors to furnish professional services to the commission.

�� (b) Provide for printing and multiple duplication work for the commission under ORS 282.010 to

ORS 616.256

616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 or by the federal Act.

�� (5) �Contaminated with filth� means the condition of any food not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious substances.

�� (6) �Dietary ingredient� means one or more of the following or a concentrate, constituent, extract or metabolite of one or more of the following:

�� (a) An amino acid;

�� (b) An herb or other botanical;

�� (c) A mineral;

�� (d) A dietary substance intended to supplement the human diet by increasing total dietary intake; or

�� (e) A vitamin.

�� (7) �Dietary supplement� means an article, not including any tobacco product, that:

�� (a) Is subject to dietary supplement labeling requirements under 21 C.F.R. 101.36;

�� (b) Is intended to supplement conventional food in the diet of humans and contains a dietary ingredient; and

�� (c)(A) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap or liquid form; or

�� (B) Is not represented to be a conventional food or to be for use as the sole item of a meal or diet.

�� (8) �Director� means the Director of Agriculture.

�� (9) �Federal Act� means the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040 et seq.

�� (10) �Food� means:

�� (a) Articles used for food or drink, including ice, for human consumption or food for dogs and cats;

�� (b) Chewing gum;

�� (c) Dietary supplements; and

�� (d) Articles used for components of any such article.

�� (11) �Food additive� means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, and including any source of radiation intended for any such use, if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or experience based on common use in food to be safe under the conditions of its intended use. �Food additive� does not include:

�� (a) A pesticide chemical in or on a raw agricultural commodity;

�� (b) A pesticide chemical to the extent that it is intended for use, or is used in the production, storage or transportation of any raw agricultural commodity; or

�� (c) A color additive.

�� (12) �Food establishment� means:

�� (a) Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling or displaying food.

�� (b) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The State Department of Agriculture may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.

�� (c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements and all other articles or items, used in operating or carrying on the business of a food establishment.

�� (13) �Immediate container� does not include package liners.

�� (14) �Label� means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made under authority of ORS 616.205 to

ORS 616.350

616.350 the fact that a product or food does or may seriously endanger or affect the health or life of animals or people, by reason of the addition to or the application of a pesticide chemical or other poisonous or dangerous chemical, substance or material in or on such product or food, the department is authorized and is directed to take or carry out any measure, action or procedure necessary for the protection of the health or life of animals or people.

�� (2) The order, rules promulgated thereunder or amendments thereto, may include:

�� (a) Seizing, embargoing and quarantining such product or food in accordance with the applicable provisions of ORS 561.605 to 561.630.

�� (b) Prohibiting temporarily or permanently the sale, offer for sale or the disposing of such product or food.

�� (c) Requiring reconditioning, processing or reprocessing, relabeling or other procedures as set out in ORS 561.605 to 561.625 before such product or food may be sold, offered for sale or disposed of for consumption by animals or people.

�� (d) Requiring such product or food to be destroyed without indemnity if it is verified it is unfit or unsafe for consumption by animals or people. [1961 c.637 �6; 1973 c.227 �19; 1975 c.304 �17]

�� 616.360 Standards for rules. In the promulgation of rules under ORS 616.341, 616.345, 616.350, 616.366 and 616.380, the State Department of Agriculture shall give appropriate consideration to:

�� (1) Measures and procedures required to protect the health and life of animals and the people of this state.

�� (2) The laws of other states.

�� (3) The laws of the United States. The department�s rules shall conform in so far as practicable with, but shall not be more restrictive than, the laws and rules of the federal Food and Drug Administration.

�� (4) The opinions of recognized experts and governmental agencies in the field of food additives. [1961 c.637 �9; 1973 c.227 �20]

�� 616.365 [1961 c.637 �10; repealed by 1973 c.227 �21 (616.366 enacted in lieu of 616.365)]

�� 616.366 Rules for use of poisons, pesticides, food or color additives; matters to be considered. (1) The State Department of Agriculture, whenever public health or other considerations in this state so require, is authorized to adopt, amend or repeal rules whether or not in accordance with rules promulgated under the federal Act, prescribing therein tolerances for:

�� (a) Any added, poisonous or deleterious substances;

�� (b) Food additives;

�� (c) Pesticide chemicals in or on raw agricultural commodities; or

�� (d) Color additives.

�� (2) Such authority includes but is not limited to:

�� (a) Zero tolerances, and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities;

�� (b) Prescribing the conditions under which a food additive or a color additive may be safely used; and

�� (c) Exemptions where such food additive or color additive is to be used solely for investigational or experimental purposes.

�� (3) Such rules may be promulgated upon the department�s own motion or upon the petition of any interested party requesting that such rules be promulgated. It is incumbent upon a petitioner to establish by data submitted to the department that a necessity exists for such rule, and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the department to determine whether such rule should be promulgated, the department may require additional data be submitted and failure to comply with the request shall be sufficient grounds to deny the request.

�� (4) In adopting, amending or repealing such rules the department shall consider, among other relevant factors, the following which the petitioner, if any, shall furnish:

�� (a) The name and all pertinent information concerning such substance, including where available, its chemical identity and composition;

�� (b) A statement of the conditions of the proposed use including directions, recommendations and suggestions;

�� (c) Specimens of proposed labeling;

�� (d) All relevant data bearing on the physical or other technical effect and the quantity required to produce such effect;

�� (e) The probable composition of any substance formed in or on a food resulting from the use of such substance;

�� (f) The probable consumption of such substance in the diet of humans and animals taking into account any chemically or pharmacologically related substance in such diet;

�� (g) The safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;

�� (h) The availability of any needed practicable methods of analysis for determining the identity and quantity of such substance in or on an article, any substance formed in or on such article because of the use of such substance, and the pure substance and all intermediates and impurities; and

�� (i) Facts supporting a contention that the proposed use of such substance will be a useful one. [1973 c.227 �22 (enacted in lieu of 616.365)]

�� 616.370 [1961 c.637 �11; repealed by 1973 c.227 �26]

�� 616.375 [1961 c.637 �12; repealed by 1973 c.227 �26]

�� 616.380 Enforcement procedure for control of food additives. Whenever the State Department of Agriculture determines the fact that a product or food containing a food additive is or may seriously endanger or affect the health or life of animals or people, it may seize, embargo and quarantine such product or food, or take other necessary procedures or action as authorized by ORS 616.355 for the regulation and control of pesticide chemicals or other poisonous or dangerous chemicals. [1961 c.637 �13]

�� 616.385 Public hearing required for rules. All rules promulgated under ORS 616.335 to 616.385 shall only be promulgated after public hearing and shall be in accordance with the applicable provisions of ORS chapter 183. [1961 c.637 �15; 2007 c.71 �184]

�� 616.405 [Renumbered 632.900]

�� 616.406 [1989 c.1025 �2; repealed by 2001 c.320 �10]

�� 616.410 [Renumbered 632.905]

�� 616.411 [1989 c.1025 �3; repealed by 2001 c.320 �10]

�� 616.415 [Renumbered 632.910]

�� 616.416 [1989 c.1025 �4; 2001 c.104 �239; repealed by 2001 c.320 �10]

�� 616.420 [Renumbered 632.915]

�� 616.421 [1989 c.1025 �5; repealed by 2001 c.320 �10]

�� 616.425 [Renumbered 632.920]

�� 616.426 [1989 c.1025 �11; 2001 c.104 �240; repealed by 2001 c.320 �10]

�� 616.430 [Renumbered 632.925]

�� 616.435 [Renumbered 632.930]

�� 616.440 [Renumbered 632.935]

�� 616.445 [Amended by 1973 c.587 �1; renumbered 632.940]

�� 616.450 [Renumbered 632.955]

�� 616.455 [Renumbered 632.960]

�� 616.460 [Renumbered 632.965]

�� 616.465 [Renumbered 632.970]

�� 616.470 [Renumbered 632.975]

�� 616.475 [Renumbered 632.980]

�� 616.480 [Amended by 1955 c.363 �14; renumbered 632.985]

�� 616.505 [Renumbered 632.450]

�� 616.510 [Renumbered 632.455]

�� 616.515 [Renumbered 632.460]

�� 616.520 [Renumbered 632.465]

�� 616.525 [Renumbered 632.470]

�� 616.530 [Renumbered 632.475]

�� 616.535 [Renumbered 632.480]

�� 616.540 [Renumbered 632.485]

�� 616.545 [Renumbered 632.490]

�� 616.550 [Repealed by 1963 c.461 �34]

RESTAURANT NUTRITIONAL INFORMATION DISCLOSURES

�� 616.555 Definitions for ORS 616.555 to 616.585. As used in ORS 616.555 to 616.585:

�� (1) �Alcoholic beverage� has the meaning given that term in ORS 471.001.

�� (2)(a) �Chain restaurant� means a restaurant located in Oregon that:

�� (A) Is part of an affiliation of 15 or more restaurants within the United States;

�� (B) Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and

�� (C) Operates under a trade name or service mark, both as defined in ORS 647.005, that is identical or substantially similar to the trade names or service marks of the affiliated restaurants.

�� (b) �Chain restaurant� does not mean:

�� (A) A restaurant located inside a facility that is subject to State Department of Agriculture inspection under an interagency agreement described in ORS 624.530, unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant;

�� (B) A cafeteria of a public or private educational institution;

�� (C) A health care facility as defined in ORS 442.015; or

�� (D) A motion picture theater.

�� (3) �Food product� means a discrete unit serving of a ready-to-eat food or beverage.

�� (4)(a) �Food tag� means an informational label placed near a menu item that is identified or indicated by the label.

�� (b) �Food tag� does not mean a menu or menu board.

�� (5) �Menu� means a pictorial or written description of menu items that does not have a fixed location and is not intended for joint viewing by multiple patrons.

�� (6)(a) �Menu board� means a pictorial display or written description of menu items that:

�� (A) Is located where the customer places an order for a menu item; and

�� (B) Is not a menu or a food tag.

�� (b) �Menu board� does not mean a pictorial display used solely for the purpose of marketing.

�� (7)(a) �Menu item� means a prepared food product or a group or combination of prepared food products that is offered on a menu, menu board or food tag as a distinct article for sale.

�� (b) �Menu item� does not mean the following:

�� (A) Condiments that are made available on tables or counters for general use without charge.

�� (B) Food products that are offered for sale less than 90 days during a calendar year.

�� (C) Alcoholic beverages, except as provided by rule by the Oregon Health Authority as described in ORS 616.575.

�� (D) Food products in sealed manufacturer packaging.

�� (8) �Restaurant� has the meaning given that term in ORS 624.010. [2009 c.314 �1; 2011 c.720 �208]

�� Note: 616.555 to 616.590 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 616.560 Determination of menu item typical values; provision of accurate information to customers. (1) A chain restaurant shall determine typical values of the following for each menu item offered by the restaurant:

�� (a) Total calories.

�� (b) Total grams of saturated fat.

�� (c) Total grams of trans fat.

�� (d) Total grams of carbohydrates.

�� (e) Total milligrams of sodium.

�� (2) The typical values described in subsection (1) of this section must be based on calorie and nutrient databases, verifiable reference values, government standards, laboratory testing or other methods for determining nutritional values recognized by the Oregon Health Authority by rule.

�� (3) The chain restaurant shall maintain a written list of the typical values described in subsection (1) of this section for all of the menu items of the restaurant and make copies of the list available for distribution to customers. The chain restaurant shall provide a copy of the list to a customer who is present in the restaurant and requests nutritional information regarding any menu item.

�� (4) A chain restaurant may not make available to customers any typical values determined under this section that are substantially inaccurate or that the restaurant knows or should know to be false or misleading. [2009 c.314 �2; 2011 c.720 �209]

�� Note: See note under 616.555.

�� 616.565 Calorie content information for combination or multiserving items. (1) The disclosure of calorie content information under ORS 616.570 on a menu or menu board next to a standard menu item that is a combination of at least two standard menu items on the menu or menu board must, based on all possible combinations for that standard menu item, include the minimum amounts of calories for the calorie content information and the maximum amounts of calories for the calorie content information. If there is only one possible total amount of calories, that total must be disclosed.

�� (2) The disclosure of calorie content information on a menu or menu board next to a standard menu item that is not an appetizer or dessert, but is intended to serve more than one individual, shall:

�� (a)(A) Include the number of individuals intended to be served by the standard menu item; and

�� (B) Include the calorie content information for an individual serving.

�� (b) If the standard menu item is a combination of at least two standard menu items, include the disclosure required under subsection (1) of this section. [2009 c.314 �2a]

�� Note: See note under 616.555.

�� 616.570 Menus, menu boards and food tags; additional information; disclaimer. (1) If a chain restaurant serves a menu item that is not a self-service item, the chain restaurant shall have a menu, menu board or food tag that:

�� (a) Discloses nutritional information for the menu item as required by this section; and

�� (b) Is readily visible for customer use at the location where the customer places the order for the menu item.

�� (2)(a) If a chain restaurant offers a menu item for self-service, the chain restaurant shall have a menu board or food tag, for each area of the restaurant in which the item is displayed, that:

�� (A) Discloses nutritional information for the menu item as required by this section; and

�� (B) Is readily visible in the area where the menu item is displayed.

�� (b) If a chain restaurant offers a menu item for self-service that the restaurant also offers on a basis that is not self-service, the restaurant shall ensure that the area where the item is offered on a basis that is not self-service complies with subsection (1) of this section.

�� (3) If a chain restaurant uses a menu or menu board, the menu or menu board must include the following:

�� (a) A statement of the total calories for each of the menu items listed on that menu or menu board. The total calorie statement must be in a conspicuous place near the other menu or menu board information for that menu item. If the menu or menu board lists prices, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the price of the menu item. If the menu or menu board does not list prices, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the least prominent of any other information stated on the menu or menu board.

�� (b) In a conspicuous place, a statement listing the daily intake amounts of calories, saturated fat and sodium recommended by the Oregon Health Authority.

�� (c) In a conspicuous place, a statement that additional nutritional information is available upon request.

�� (4) If a chain restaurant uses food tags, the restaurant shall display the following:

�� (a) A statement of the total calories for the menu item in a conspicuous place on the tag. If the food tag states the price of the menu item, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the price of the menu item. If the food tag does not state the price, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the least prominent of any other information stated on the tag.

�� (b) In a conspicuous place, a statement listing the daily intake amounts of calories, saturated fat and sodium recommended by the authority.

�� (c) In a conspicuous place, a statement that additional nutritional information is available upon request.

�� (5) A chain restaurant may post disclaimers stating that the actual nutritional value of menu items may vary from the stated total calories or other nutritional information due to variations in preparation, size or ingredients or for custom orders.

�� (6) A chain restaurant may supplement the nutritional information disclosures required by this section and ORS 616.560 and 616.565 with additional consumer information. [2009 c.314 �3; 2011 c.720 �210]

�� Note: See note under 616.555.

�� 616.575 Rules; typical values for alcoholic beverages. (1) The Oregon Health Authority shall adopt rules the authority considers reasonable for the administration and enforcement of ORS

ORS 616.366

616.366 limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such rule. While such rule relating to such substance is in effect, a food shall not, by reason of bearing or containing such substance in accordance with the rule, be considered adulterated within the meaning of ORS 616.235. [1973 c.227 �17 (enacted in lieu of 616.340)]

�� 616.345 Rules governing use of pesticide chemicals. (1) The State Department of Agriculture shall promulgate rules establishing tolerances for pesticide chemicals or exempting them from the necessity of a tolerance as provided by ORS 616.341 with respect to the presence in or on raw agricultural commodities of poisonous or deleterious pesticide chemicals and of pesticide chemicals that are not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, to the extent necessary to protect the public health. In promulgating such rules, or rules authorized by ORS 616.355, the department shall give appropriate consideration to but not be limited by:

�� (a) The necessity for the production of an adequate wholesome and economic food supply.

�� (b) The other ways in which the consumer may be affected by the same pesticide chemical or by other related substances that are poisonous or deleterious.

�� (c) The laws and regulations of the United States and other states.

�� (d) The opinions of recognized experts and governmental agencies in the field of pesticide chemicals.

�� (2) The department shall promulgate rules exempting any pesticide chemical from the necessity of a tolerance with respect to use in or on all raw agricultural commodities when such tolerance is not necessary to protect the public health.

�� (3) Any person who has registered, or who has submitted an application for the registration of, an economic poison or pesticide with the department as required by law, may file with the department a petition as authorized by ORS chapter 183, proposing the promulgation of a rule establishing a tolerance for a pesticide chemical that constitutes, or is an ingredient of, such economic poison or pesticide, or exempting the pesticide chemical from the requirement of a tolerance. The petition shall contain data showing:

�� (a) The name, chemical identity and composition of the pesticide chemical;

�� (b) The amount, frequency and time of application of the pesticide chemical;

�� (c) Full reports of investigations made with respect to the safety of the pesticide chemical;

�� (d) The results of tests on the amount of residue remaining, including a description of the analytical method used;

�� (e) Practicable methods of removing residue that exceeds any proposed tolerance;

�� (f) Proposed tolerances for the pesticide chemical if tolerances are proposed; and

�� (g) Reasonable grounds in support of the petition. Samples of the pesticide chemical shall be furnished to the department upon request. [1961 c.637 �5; 1975 c.304 �16; 2007 c.71 �183]

�� 616.350 Control of food additives; rules. The State Department of Agriculture, for the protection of the health and life of animals or the people of this state, may take measures to control, limit or prohibit the use or intended use, or the presence of food additives. It may promulgate rules relating thereto. Such rules may prescribe for any reason as set forth in this section, that any food additive is unsafe within the meaning of ORS 616.235 (1)(b). In promulgating rules under the provisions of this section the authority of the department includes:

�� (1) Providing for an exemption from the operation of ORS 616.335 to 616.385 of the use or intended use of a specific food additive.

�� (2) Prescribing, with respect to one or more proposed uses of the food additive involved, the conditions under which such additive may be safely used including but not limited to, specifications as to the particular food or classes of food in or in which such additive may be used, the maximum quantity which may be used or permitted to remain in or on such food, the manner in which such additive may be added to or used in or on such food, and any directions or other labeling or packaging requirements for such additive deemed necessary to assure the safety of such use.

�� (3) Establishing and prescribing tolerances, if appropriate, to assure that the proposed use of a food additive will be safe. The department shall not:

�� (a) Fix such tolerance limitation at a level higher than it finds to be reasonably required to accomplish the physical or other technical effect for which such additive is intended.

�� (b) Establish a rule for such proposed use if it finds upon a fair evaluation of the data before it, that such data does not establish that such use would accomplish the intended physical or other technical effect.

�� (4) Prescribing for the exemption from the requirements of this section any food additive, and any food bearing or containing such additive, intended solely for investigational use by qualified experts when in the opinion of the department, such exemption is consistent with the public health. [1961 c.637 �8; 1973 c.227 �18]

�� 616.355 Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350. (1) Whenever the State Department of Agriculture determines under the provisions of ORS 616.341, 616.345 or

ORS 633.005

633.005 [1961 c.314 �1; repealed by 1967 c.591 �1 (633.006 enacted in lieu of 633.005)]

COMMERCIAL ANIMAL FEEDS

�� 633.006 Definitions for ORS 633.006 to 633.089. As used in ORS 633.006 to 633.089, unless the context requires otherwise:

�� (1) �Animal feed manufacturing plant� means:

�� (a) Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed.

�� (b) Vehicles used in transporting commercial feed or feed ingredients, machinery, equipment, utensils, implements, or other items, articles or materials used in the business or operation.

�� (c) The ground upon which the operation or business is carried out and other ground not adjacent thereto that is a part of the business or operation under the same entity or ownership.

�� (2) �Brand� means any word, name, symbol or device or any combination thereof identifying and distinguishing the commercial feed of a distributor from the feed of other distributors.

�� (3) �Bulk� is the sale, offering or exposing for sale or delivery of commercial feeds, in:

�� (a) Open containers, closed or open tote boxes, closed or open tanks, closed or open trailers, all of which may be further described or defined by the State Department of Agriculture; or

�� (b) Other types of containers, vehicles or conveyances defined or recognized by the department.

�� (4) �Commercial feed�:

�� (a) Except as provided in paragraph (b) of this subsection, means any material that is distributed for use as feed, or as a feed ingredient for mixing in feed for animals, or any feed additive concentrate, feed additive supplement, feed additive premix, or premix.

�� (b) Except as used in ORS 633.045, 633.055, 633.065, 633.067, 633.077 and 633.088, does not include:

�� (A) Unmixed seeds, whole or processed, that are made directly from the entire seed and are not used to manufacture wild bird feed.

�� (B) Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixed with other materials.

�� (C) Feed for dogs, cats, birds or fish maintained as household pets.

�� (D) Silage, or materials containing at least 60 percent water.

�� (E) Individual chemical compounds not mixed with other materials. This exemption, however, does not cover or extend to phosphate, urea or ammonium compounds that are recommended for animal feeding purposes.

�� (5) �Contract feeder� means an independent contractor or other person who feeds commercial feed to another person�s animals pursuant to an oral or written agreement whereby the commercial feed is distributed to the contractor or other person by any distributor and whereby the contractor or other person�s remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of animals produced. �Contract feeder� does not include a bona fide employee of a manufacturer or distributor of commercial feed.

�� (6) �Custom mixed feed� means any commercial feed, each lot of which is mixed according to the specific instructions of, or prescribed for the specific use of, the final consumer.

�� (7) �Department� means the State Department of Agriculture.

�� (8) �Distribute� means to offer for sale, sell or barter commercial feed or to supply, furnish or otherwise provide commercial feed to a contract feeder.

�� (9) �Distributor� means a person who distributes commercial feed.

�� (10) �Drug� means any substance:

�� (a) Intended or represented for the cure, mitigation, treatment or prevention of disease of animals;

�� (b) Intended to affect the structure of any function of the body of an animal; or

�� (c) So defined by rule of the department.

�� (11) �Feed� means raw materials, ingredients and final products:

�� (a) Consumed by, or intended for consumption by, animals but not by humans; and

�� (b) Contributing to nutrition, affecting aroma or taste or having a technical effect on the consumed material.

�� (12) �Feed ingredient� means each of the constituent materials making up a commercial feed.

�� (13) �Final consumer� means a person that feeds animals that are under the control or ownership of that person.

�� (14) �Ground� means a condition resulting from crushing, rolling, chopping or grinding.

�� (15) �Label� means a display of written, printed or graphic matter placed on or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.

�� (16) �Manufacture� means to grind, chop, crush, roll, cube, flake, extrude, cook, pelletize, mix or otherwise process feed ingredients.

�� (17) �Mineral feed� means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.

�� (18) �Official sample� means any sample of feed taken by the department and designated as �official� by the department.

�� (19) �Percent� or �percentage� means percentage by weight.

�� (20) �Sell� or �sale� includes exchange.

�� (21) �Wild bird feed� means a commercial feed marketed for noncaptive undomesticated avians. [1967 c.591 �2 (enacted in lieu of 633.005); 1973 c.342 �2; 1979 c.116 �1; 1995 c.79 �322; 2001 c.137 �4; 2007 c.282 �1; 2017 c.303 �2]

�� 633.010 [Repealed by 1961 c.314 �12]

�� 633.011 [1967 c.591 �10; repealed by 1971 c.489 �11]

�� 633.015 Registration of commercial feed required; rules; exemption; fee. (1) A person may not distribute a nonregistered commercial feed. Except as provided in subsections (2), (5) and (6) of this section, every brand, and each formula or formulation thereof, of commercial feeds manufactured, compounded, delivered or distributed in this state must be registered with the State Department of Agriculture. The distributor must submit an application for registration on forms furnished by the department. If the department so requests, the distributor must submit the label or a facsimile of the label and other printed matter describing the product. Upon approval by the department, a certificate of registration shall be furnished to the distributor. All registrations expire on December 31 of each year or on such date as may be specified by department rule. The application must include the information required by ORS 633.026 (1)(a) to (f) and such other information as the department may require.

�� (2) A distributor is not required to register any brand of commercial feed that has been registered under ORS 633.006 to 633.089 by another person.

�� (3) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted, if there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.

�� (4) The department may refuse registration of any commercial feed if the application is not in compliance with the provisions of ORS 633.006 to 633.089. The department may cancel any registration subsequently found not to be in compliance with any provision of ORS 633.006 to 633.089. The department shall give the registrant reasonable opportunity to be heard before the department and to amend the application in order to comply with the requirements of ORS 633.006 to 633.089.

�� (5) Custom mixed feeds are exempt from registration.

�� (6) Wild bird feed consisting of unmixed seeds is exempt from registration.

�� (7) Each application for registration must be accompanied by a fee to be established by the department not to exceed $60 for each formula or formulation of commercial feed under each brand. [1961 c.314 �2; 1967 c.591 �3; 1971 c.489 �1; 2001 c.137 �5; 2007 c.71 �192; 2007 c.282 �2; 2007 c.768 �36; 2021 c.565 �1]

�� 633.020 [Repealed by 1961 c.314 �12]

�� 633.025 [1961 c.314 �3; 1967 c.591 �3a; 1971 c.489 �2; 1979 c.116 �2; repealed by 2001 c.137 �9]

�� 633.026 Labeling requirements for commercial feed; exemptions; rules. (1) Except as provided in subsection (3) of this section, commercial feed must have a label bearing the following information:

�� (a) The product name and the brand name, if any, under which the feed is distributed.

�� (b) The guaranteed analysis stated in such terms as the State Department of Agriculture, by rule, determines are required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements of the feed must be determinable by laboratory methods approved by department rule. In approving laboratory methods, the department may consider methods listed in publications of AOAC International, formerly the Association of Official Analytical Chemists.

�� (c) The common or usual name of each ingredient used in the manufacture of the feed. The department, by rule, may permit the use of a collective term for a group of ingredients that perform a similar function. The department, by rule, may exempt a commercial feed or any group of feeds from the ingredient statement requirement if the department determines that a statement is not required to protect the interests of consumers.

�� (d) Adequate directions for use if the feed contains drugs or if the department, by rule, determines that directions are necessary for safe and effective use.

�� (e) Precautionary statements that the department, by rule, determines to be necessary for safe and effective use of the feed.

�� (f) The name and principal mailing address of the manufacturer or the distributor.

�� (g) A quantity statement.

�� (2) A person that distributes commercial feed in bags or other containers shall ensure that the label required by this section is placed on or affixed to the container. If the feed is distributed in bulk, the distributor shall ensure that the label accompanies the delivery and is furnished to the purchaser upon delivery.

�� (3) Subsections (1) and (2) of this section do not apply to:

�� (a) Custom mixed feed.

�� (b) Wild bird feed consisting of unmixed seeds.

�� (c) A commercial feed that does not contain a drug and is distributed by filling, in the presence of the purchaser, from retail bins or other retail bulk display containers that are labeled as required under this section. [2001 c.137 �2; 2007 c.282 �3]

�� 633.027 [1967 c.591 �9; repealed by 2001 c.137 �9]

�� 633.028 Information required to accompany custom mixed feed; rules; records. (1) A custom mixed feed delivered to a final consumer must be accompanied by at least one label, invoice, delivery slip or other shipping document that bears all of the following information:

�� (a) The name and principal mailing address of the manufacturer.

�� (b) The name and address of the final consumer.

�� (c) The date of delivery.

�� (d) The quantity delivered.

�� (e) Adequate directions for use if the custom mixed feed contains drugs or if the State Department of Agriculture, by rule, determines that directions are necessary for safe and effective use of the feed.

�� (2) If the custom mixed feed contains drugs, the label, invoice, delivery slip or other shipping document referred to in subsection (1) of this section must bear the following information in addition to the information required under subsection (1) of this section:

�� (a) A statement of the claimed purpose of the drugs;

�� (b) The established name of each active drug ingredient; and

�� (c) The level of each drug used in the final mixture.

�� (3) If a custom mixed feed is delivered to a final consumer in bags or other containers, each container must be labeled with the name of the final consumer or with the order number. If a custom mixed feed is delivered in bulk, the name of the final consumer or the order number must be printed on each delivery ticket or on a label attached to each delivery ticket.

�� (4) A person that distributes a custom mixed feed to a final consumer shall ensure that all labels, invoices, delivery tickets or other shipping documents required by this section accompany the custom mixed feed.

�� (5) Upon request, a distributor shall provide a final consumer with the information required by this section, including but not limited to the name and number of pounds of each ingredient or commercial feed used in the custom mixed feed. A seller shall maintain records adequate to derive the information required by this subsection for two years from the date of sale. The department may inspect records required under this subsection and any unsold quantities of custom mixed feed during the seller�s regular business hours. [2001 c.137 �3]

�� 633.029 License required for animal feed manufacturers and distributors; fee; exemption; rules. (1)(a) A person may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a custom mixed feed manufactured for that person, or repackage or relabel a commercial feed manufactured by another person without having first obtained a license from the State Department of Agriculture. Application for license must be on forms prescribed by the department and must be accompanied by a license fee established by the department, not to exceed $1,000. All licenses shall expire on December 31 of each year or on such date as may be specified by department rule.

�� (b) In accordance with the provisions of ORS chapter 183, the department may promulgate rules designating different license fees for various categories of persons described in paragraph (a) of this subsection, so as to recognize differences in types of activities or volumes of business.

�� (2)(a) A contract feeder is not subject to the provisions of subsection (1) of this section, provided no drugs in any form are utilized in the manufacturing, mixing or processing of the feed. In the event drugs are so utilized, the contract feeder or other person utilizing the drugs is subject to the provisions of subsection (1) of this section.

�� (b) In accordance with the applicable provisions of ORS chapter 183, the department shall promulgate rules designating the types or categories of persons described in paragraph (a) of this subsection to whom this section applies. In promulgating such rules, the department shall consider:

�� (A) The methods of manufacture, mixing or processing of feed used;

�� (B) The quantities and kinds of drugs used; and

�� (C) The number, ages and kinds of animals to which the feed is to be made available. [1971 c.489 �7; 1973 c.342 �3; 1979 c.116 �3; 2001 c.137 �6; 2007 c.768 �37; 2021 c.565 �2]

�� 633.030 [Repealed by 1961 c.314 �12]

�� 633.031 [1967 c.591 ��6,13(2); repealed by 1971 c.489 �11]

�� 633.035 [1961 c.314 �4; repealed by 1967 c.591 �14]

�� 633.037 Records required of licensees; records inspection by department. A person or contract feeder who manufactures, mixes or processes feeds in which drugs have been used so that the person or contract feeder is not exempt from the provisions of ORS 633.029, shall maintain an accurate record for at least one year from the date the drugs were so used showing the name or identity of each drug so used and its level of usage. The State Department of Agriculture is authorized to inspect the records of such persons to insure compliance with ORS 633.029 and this section. [1967 c.591 �6a; 1973 c.342 �1]

�� 633.040 [Repealed by 1961 c.314 �12]

�� 633.045 Adulterated commercial feeds prohibited; rules. A person may not distribute an adulterated commercial feed. A commercial feed is adulterated:

�� (1) If any poisonous, deleterious or nonnutritive ingredient is present in the feed in sufficient amount to render the feed injurious to health when fed in accordance with directions for use shown on the label.

�� (2) If any valuable constituent has been in whole or in part omitted or abstracted from the feed or any less valuable substance substituted for a valuable constituent.

�� (3) If the composition or quality of the feed falls below or differs from the composition or quality purported or represented on the feed labeling.

�� (4) If the feed contains added hulls, screenings, refuse screenings, straw, cobs or other high fiber material, unless the name of each material is stated on the label.

�� (5) If the feed contains pesticide residues or other chemicals in excess of amounts that, by rule, the State Department of Agriculture declares safe for feeding purposes. In adopting rules under this subsection the department may take into consideration the commonly permitted amounts of chemicals authorized by:

�� (a) The United States and other states.

�� (b) Other recognized agencies or organizations experienced in the chemical field.

�� (6) If the feed contains a drug other than those permitted by rules adopted by the department. In adopting rules under this subsection, the department shall consider the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act.

�� (7) If the feed is wild bird feed and contains viable noxious weed seeds in excess of amounts established by the department by rule. [1961 c.314 �5; 1971 c.489 �3; 2007 c.282 �4]

�� 633.050 [Repealed by 1961 c.314 �12]

�� 633.055 Misbranding commercial feed prohibited; rules. A person may not distribute misbranded commercial feed. A commercial feed is misbranded:

�� (1) If its labeling is false or misleading in any particular.

�� (2) If it is distributed under the name of another feed.

�� (3) If it is not labeled as required by ORS 633.026 and by rules adopted pursuant to ORS 633.006 to 633.089.

�� (4) If it purports to be or is represented as a feed ingredient or as containing a feed ingredient, unless that feed ingredient conforms to the definition of identity, if any, prescribed by rule of the State Department of Agriculture. In adopting rules under this subsection, the department may take into consideration the commonly accepted definitions approved or authorized by:

�� (a) The United States and other states.

�� (b) Other recognized agencies or organizations experienced in such matters, such as the Association of American Feed Control Officials.

�� (5) If any word, statement or other information required by ORS 633.006 to 633.089 or by rule of the department to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1961 c.314 �6; 2001 c.137 �7; 2007 c.71 �193]

�� 633.060 [Amended by 1961 c.425 �17; repealed by 1961 c.314 �12]

�� 633.065 Department to test commercial feeds. (1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 to 633.089. The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution.

�� (2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration:

�� (a) The methods scientifically developed and described in recognized official publications such as the Journal of the Association of Official Agricultural Chemists.

�� (b) The methods approved by the United States, other states and other recognized agencies or organizations experienced in such matters.

�� (3) In determining for administrative purposes whether or not a commercial feed is deficient in any component, the department shall be guided solely by the official sample as defined in ORS 633.006 and obtained and analyzed as provided by subsection (2) of this section.

�� (4) When inspection and analysis of an official sample indicate that a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the registrant. Upon request, within 30 days, the department shall furnish to the registrant a portion of the sample analyzed.

�� (5) The department may take investigational samples that may be examined otherwise than by the official method required by this section. For administrative purposes, only samples taken as directed by subsection (3) of this section may be used. [1961 c.314 �7; 1967 c.591 �4; 2001 c.104 �247; 2001 c.137 �8; 2007 c.71 �194]

�� 633.067 Commercial feed law administration and enforcement; rules. The State Department of Agriculture may promulgate such rules and regulations for commercial feeds as are necessary for the administration and enforcement of ORS 633.006 to 633.089 and 633.992, including but not limited to additional definitions, licensing requirements, registration and license fee requirements, labeling requirements, inspection and enforcement procedures, testing and analysis procedures, and enforcement of federal commercial feed programs under agreement with federal agencies. [1971 c.489 �6]

�� 633.070 [Repealed by 1961 c.314 �12]

�� 633.075 [1961 c.314 ��8,9; part renumbered

ORS 634.016

634.016 to fulfill the provisions of ORS 634.045 (4). [1973 c.341 �35; 1979 c.499 �33; 1989 c.709 �4; 2015 c.744 ��5,6]

�� 634.330 [1969 c.268 �11; repealed by 1971 c.699 �22]

�� 634.340 [1969 c.268 �12; repealed by 1971 c.699 �22]

�� 634.350 [1969 c.268 �2; 1971 c.699 �18; repealed by 1973 c.341 �37]

�� 634.352 [1973 c.341 �5; 1979 c.232 �4; 1993 c.742 �111]

�� 634.356 [1973 c.341 �6; 1993 c.742 �111]

�� 634.360 [1969 c.268 �13; repealed by 1971 c.699 �22]

PROHIBITIONS

�� 634.372 Prohibited acts. A person may not:

�� (1) Make false or misleading claims through any media, relating to the effect of pesticides or application methods to be utilized.

�� (2) As a pesticide applicator, noncommercial applicator, public applicator or pesticide operator, intentionally or willfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling, or as a pesticide consultant or dealer, recommend or distribute such pesticides.

�� (3) Operate a faulty or unsafe pesticide spray apparatus, aircraft or other application device or equipment.

�� (4) Perform pesticide application activities in a faulty, careless or negligent manner.

�� (5) Refuse or neglect to prepare and maintain records required to be kept by the provisions of this chapter.

�� (6) Make false, misleading or fraudulent records, reports or application forms required by the provisions of this chapter.

�� (7) Operate pesticide applicators� apparatus, machinery or equipment without a licensed pesticide applicator, licensed noncommercial pesticide applicator or certified private applicator performing the actual application, or supervising such application if such is performed by a pesticide trainee. This prohibition does not apply to the operation of tractors, trucks or other vehicular equipment used only under the supervision of a certified private applicator.

�� (8) As a pesticide applicator or noncommercial pesticide applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicator license or noncommercial applicator license, or apply pesticides that are not specifically authorized by such license.

�� (9) As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying pesticides upon the land or property of another, without first obtaining and maintaining a pesticide operator�s license. The operator also may not engage in a class of pesticide application business that is not specifically authorized by license issued by the State Department of Agriculture. The operator also may not employ or use any person to apply or spray pesticides who is not a licensed pesticide applicator or pesticide trainee.

�� (10) As a pesticide trainee, noncommercial pesticide trainee or public trainee, work or engage in the application of any class of pesticides without first obtaining and maintaining a pesticide trainee�s certificate and otherwise being in compliance with the provisions of this chapter.

�� (11) Act as, or purport to be, a pesticide dealer or advertise as such without first obtaining and maintaining a pesticide dealer�s license.

�� (12) Act as, or purport to be, a pesticide consultant without first obtaining and maintaining a pesticide consultant�s license.

�� (13) Apply any pesticide classified as a restricted-use or highly toxic pesticide to agricultural, horticultural or forest crops on land owned or leased by the person without first obtaining and maintaining a private applicator certificate.

�� (14) As a person described in ORS 634.106 (5), use power-driven pesticide application equipment or devices (use hand or backpack types only), or use or apply any pesticide other than those prescribed by the department.

�� (15) Deliver, distribute, sell or offer for sale any pesticide that is misbranded.

�� (16) Formulate, deliver, distribute, sell or offer for sale any pesticide that is adulterated.

�� (17) Formulate, deliver, distribute, sell or offer for sale any pesticide that has not been registered as required by ORS 634.016.

�� (18) Formulate, deliver, distribute, sell or offer for sale any powdered pesticide containing arsenic or any highly toxic fluoride that is not distinctly colored.

�� (19) Distribute, sell or offer for sale any pesticide except in the manufacturer�s original unbroken package.

�� (20) Make application of pesticides, by aircraft or otherwise, within a protected or restricted area without first obtaining a permit for such application from the committee of the protected or restricted area in which the application is to be made. The person also may not make such application contrary to the conditions or terms of the permit so issued.

�� (21) Use isopropyl ester of 2,4-D, or any other ester of equal or higher volatility with regard to plant damage as determined by the department, without first obtaining a permit for such use as provided in ORS 634.322 (10).

�� (22) Sell, use or remove any pesticide or device subjected to a �stop sale, use or removal� order until the pesticide or device has been released therefrom as provided in ORS

ORS 634.026

634.026, except that they need not be labeled with directions for use or the professed standard of quality.

�� (2)(a) Subject to the exemptions set forth in paragraph (b) of this subsection, before any pesticide can be used for experimental or research purposes a person proposing to use such pesticides shall obtain approval of the State Department of Agriculture. Application for such approval shall contain such information as may be required by the department, including the location and size of the plot on which the experiment or research is to be carried out, the nature of the pesticide to be utilized, the person responsible for such activities and the intended disposition of any crops grown upon the experimental or research plot.

�� (b) The provisions of paragraph (a) of this subsection are not applicable to:

�� (A) Federal or state agencies.

�� (B) Experiments or research carried on in greenhouses.

�� (3) If any person uses pesticides for experimental purposes as provided by this section contrary to the instructions and approval issued by the department, the department may immediately revoke such approval and refuse to issue its approval to such persons on future applications. [1973 c.341 �9; 1995 c.79 �324]

�� 634.026 Pesticide labeling requirements; highly toxic pesticides; applicability of law. (1) If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with:

�� (a) The name and address of the manufacturer or person for whom it was manufactured.

�� (b) The brand name or trademark under which the material is sold.

�� (c) The professed standard of quality of the material.

�� (d) The net weight or volume of the contents.

�� (e) Adequate and necessary directions for its proper and intended use.

�� (2) In addition to the information required by subsection (1) of this section, any pesticide which is highly toxic shall be labeled with:

�� (a) A sign of a skull and crossbones.

�� (b) The word �poison� in red on the package printed on a background of contrasting color.

�� (c) A poison antidote for the material, if any.

�� (3) The provisions of subsection (2) of this section shall not apply to bleaching powder or chloride of lime. [1973 c.341 �10]

�� 634.030 [Repealed by 1953 c.118 �2]

�� 634.032 When pesticide is misbranded. Pesticides shall be deemed misbranded if:

�� (1) The package or container of such materials bears any false or misleading statement.

�� (2) The container or package of such materials is not labeled as required by ORS 634.026. [1973 c.341 �11]

�� 634.036 When pesticide is adulterated. A pesticide shall be deemed to be adulterated if:

�� (1) It is a pesticide other than a herbicide, defoliant or desiccant, is intended for use on vegetation and contains any substance which is injurious to such vegetation when used as directed under normal growing conditions.

�� (2) The strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part.

�� (3) The contents of the package or container of pesticide do not meet their purported standard of quality in any other manner.

�� (4) The contents of the package or container represented to be a pesticide are not definitely effective for the purpose for which recommended. [1973 c.341 �12]

�� 634.040 [Repealed by 1953 c.118 �2]

�� 634.042 Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix. (1) Any poisonous or deleterious pesticide or any pesticide which, in the opinion of the State Department of Agriculture, is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals as safe for use, added to a raw agricultural commodity, shall be deemed unsafe for the purposes of the application of ORS 616.235 (1)(b), unless:

�� (a) A tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by regulation promulgated by the department and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or

�� (b) With respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from regulation promulgated by the department.

�� (2) While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of ORS

ORS 634.122

634.122, 634.126, 634.132, 634.136, 634.212 and 635.030. [1979 c.499 �4; 1981 c.248 �21; 1982 s.s.1 c.4 �15; 1985 c.787 �7; 1987 c.905 �36; 1991 c.624 �2; 1993 c.720 �7; 1995 c.450 �6; 1997 c.410 �2; 2001 c.21 �6; 2001 c.914 �27; 2003 c.81 �13; 2007 c.71 �177; 2007 c.577 �3; 2009 c.897 �5; 2013 c.84 �2; 2013 c.85 �3; 2013 c.118 �2; 2013 c.120 �2; 2015 c.514 �11; 2021 c.97 �67]

�� 561.145 [1965 c.276 �1; repealed by 1979 c.499 �1]

�� 561.150 Department of Agriculture Account. (1) All unexpended funds that are available to the State Department of Agriculture for its use in carrying out its duties as prescribed by law and for any other purpose shall be a part of the General Fund of the state and shall be credited to a fund to be known as the Department of Agriculture Account except for:

�� (a) Funds to be expended for the extermination of predatory animals under the provisions of ORS chapter 610;

�� (b) Moneys received by the department from the sale of skins of predatory animals as provided in ORS 610.040; and

�� (c) Moneys received by the department that are subject to ORS 561.144.

�� (2) All appropriations, fees, penalties and other moneys received by the department or credited to its use from the State Treasury, except the funds named in subsection (1)(a) and (b) of this section and money required by law to be placed therein, shall be placed in the General Fund and credited to the Department of Agriculture Account.

�� (3) All fees, penalties and other moneys received by the department shall be turned over to the State Treasurer not later than the 10th day of the calendar month next succeeding their receipt by the department.

�� (4) All moneys without respect to their sources, credited to either the Department of Agriculture Account or the Department of Agriculture Service Fund shall be available for the payment of any and all the expenses of the department, excepting those incurred in connection with the extermination of predatory animals.

�� (5) The Director of Agriculture shall keep a record of all moneys deposited in the Department of Agriculture Account and the Department of Agriculture Service Fund. Such record shall indicate the source from which the moneys are derived and name the individual departmental activity against which each withdrawal is charged. [Amended by 1979 c.499 �2; 1999 c.59 �176; 2011 c.597 �231]

�� 561.155 Cash and revolving fund. The State Department of Agriculture shall establish a cash and revolving fund under ORS 293.180, for the purpose of making immediate cash payments of travel and subsistence advances authorized by ORS 292.280, salary advances authorized by ORS 292.150 and other miscellaneous demand obligations authorized by law, in an amount not to exceed $75,000 from moneys in the Department of Agriculture Service Fund. [1959 c.682 �3; 1967 c.208 �2; 1973 c.275 �1; 1979 c.183 �1; 1985 c.623 �7]

�� 561.157 Agriculture Natural Climate Solutions Fund. (1) The Agriculture Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Agriculture Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to State Department of Agriculture to:

�� (a) Carry out the provisions of ORS 468A.189 (3); and

�� (b) For the administrative expenses of the department in implementing ORS 468A.189, except that no more than 10 percent of moneys may be used for administrative expenses.

�� (2) The Agriculture Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187. [2023 c.442 �64]

�� Note: 561.157 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 561.160 Approval of vouchers required before withdrawing money from State Treasury. All moneys drawn from the State Treasury by the State Department of Agriculture shall be drawn only after the approval of vouchers by the Director of Agriculture or by some person in the department authorized by the director to approve such vouchers, which authorization shall be in writing and filed with the Secretary of State.

�� 561.161 [1953 c.96 �1; repealed by 1959 c.682 �4]

�� 561.163 [1953 c.96 �4; repealed by 1959 c.682 �4]

�� 561.165 [1953 c.96 �2; repealed by 1959 c.682 �4]

�� 561.167 [1953 c.96 �3; repealed by 1959 c.682 �4]

�� 561.169 [1953 c.96 �5; repealed by 1959 c.682 �4]

�� 561.170 Prohibited financial interests of officers or employees. It shall be unlawful for the Director of Agriculture or any deputy or other employee of the State Department of Agriculture to be interested directly or indirectly as owner, agent or solicitor in the manufacture, purchase or sale of any article, commodity or product over which the director, deputy or employee may have supervision in an official capacity. It shall not be a violation of this section for the director, any deputy or other employee to own, lease or operate a ranch or farm. [Amended by 1959 c.229 �12; 1967 c.208 �9]

�� 561.175 [1989 c.847 �9; 2001 c.248 �13; renumbered 561.255 in 2005]

�� 561.177 Furnishing lists of names and other information; fee. The State Department of Agriculture may make a reasonable charge to cover the actual cost of accumulating and furnishing a list of names or other similar records which are by law declared to be public writings or records. Moneys collected shall be placed in the General Fund, credited to the Department of Agriculture Account and shall be available for payment of all expenses of the department. [Formerly 561.260]

�� 561.180 [Amended by 1969 c.131 �3; 1975 c.432 �2; 1975 c.605 �29; 2001 c.539 �14; renumbered 561.075 in 2005]

�� 561.190 Rules and regulations; publication; effect of violation. The State Department of Agriculture is authorized and directed to make any and all rules and regulations necessary for the administration or enforcement of any law with the administration or enforcement of which the department is charged, and not inconsistent with the authority with which the department is vested or with any such law. Such rules and regulations shall be compiled and printed in pamphlet form for distribution. The violation of any rule or regulation made by the department pursuant to this section shall be a violation of the law to which such rule or regulation applies and shall be punishable in the manner provided for violations of such law.

�� 561.191 Program and rules relating to water quality. (1) The State Department of Agriculture shall develop and implement any program or rules that directly regulate farming practices, as defined in ORS 30.930, that are for the purpose of protecting water quality and that are applicable to areas of the state designated as exclusive farm use zones under ORS 215.203 or other agricultural lands in Oregon, including but not limited to rules related to:

�� (a) Protection of the quality of surface or ground water;

�� (b) Wellhead protection areas;

�� (c) Coastal zone management areas;

�� (d) Ground water quality concern areas, as defined in ORS 468B.150; and

�� (e) Ground water quality management areas, as defined in ORS 468B.150.

�� (2) Any program or rules adopted by the State Department of Agriculture under subsection (1) of this section shall be designed to assure achievement and maintenance of water quality standards adopted by the Environmental Quality Commission.

�� (3) If two or more state agencies are required to adopt rules under ORS 468B.150 to 468B.190, the agencies:

�� (a) Shall consult with one another and coordinate the rules; and

�� (b) May consolidate the rulemaking proceedings.

�� (4) Nothing in this section is intended to change or reduce the authority of the Water Resources Commission or the Water Resources Department under ORS chapters 536 to 543. [1995 c.690 �6a; 2025 c.605 �40a]

�� Note: 561.191 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 561.192 Code of regulations; compilation and publication. (1) The State Department of Agriculture may from time to time revise and compile, in a code of regulations, all rules and regulations of a general character promulgated by the department.

�� (2) No substantive change may be made in revising the rules and regulations unless the department complies with the procedures required by law for the adoption or amendment of the particular rule or regulation. However, changes that are not of a substantive nature may be made without the procedures required by law for the adoption or amendment of rules and regulations by the department.

�� (3) The department shall print, publish and distribute the code of regulations in a convenient form. The code of regulations as published is prima facie evidence of the current rules and regulations of the department. [1955 c.76 �1; 1971 c.734 �26]

�� 561.194 Distribution of code of regulations. (1) The State Department of Agriculture may distribute the code of regulations published under ORS 561.192 free of charge to such state agencies as are designated by the department.

�� (2) The department shall sell the other copies at such prices as the department finds sufficient to recover the cost of printing.

�� (3) All moneys received by the department under this section, in addition to any other appropriation of funds available for the purposes of ORS 561.192 and 561.194, hereby are continuously appropriated to the department for the purpose of paying the cost of publication of the code of regulations. [1955 c.76 �2]

�� 561.200 Prohibitions against the obstruction of officers, agents or employees. (1) No person, firm or corporation shall refuse to allow any authorized officer, agent or employee of the State Department of Agriculture to enter upon the premises of the person, firm or corporation or to inspect any books, records, plant, equipment, apparatus, vehicles or any other thing or place of the person, firm or corporation which it is such officer�s, agent�s or employee�s duty to inspect.

�� (2) No person, firm or corporation shall refuse to produce books, records, apparatus and equipment for the inspection of such officer, agent or employee upon demand, or refuse to allow samples to be taken by such officer, agent or employee, when they are by law authorized so to do.

�� (3) No person, firm or corporation shall otherwise interfere with such officer, agent or employee in the lawful exercise of duties, either by active or passive resistance or by refusal to cooperate in every reasonable manner with the officer agent or employee in the carrying out of lawful duties.

�� 561.210 [Repealed by 1971 c.743 �432]

�� 561.220 Prohibitions against altering or removing seal or similar marking used by department and against selling products from used containers bearing such markings. (1) Except as hereafter provided in subsections (2) and (3) of this section, no person shall alter, deface or remove any seal, sign, tag, stamp, placard, mark, brand or similar object used by the State Department of Agriculture pursuant to any law of this state.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Employees or agents of the State Department of Agriculture engaged in the regular discharge of their duties.

�� (b) The alteration, defacement or removal of markings on any type of food or other agricultural product in the normal course of sale and distribution thereof.

�� (3) No person shall sell food or other agricultural products in or from a used container bearing any of the markings referred to in subsection (1) of this section unless such person first removes or defaces such markings. [1955 c.11 �1]

�� 561.230 Prohibition against reusing, imitating or counterfeiting markings used by department. No person shall reuse, imitate or counterfeit any seal, sign, tag, stamp, placard, mark, brand or similar object used by the State Department of Agriculture pursuant to any law of this state. [1955 c.11 �2]

�� 561.240 Contracts and agreements with other agencies, governmental units and other persons; payment and receipt of funds. (1) The State Department of Agriculture may:

�� (a) Enter into contracts and other agreements with, and receive funds from, any department or agency of the United States.

�� (b) Enter into contracts and other agreements with authorized departments and agencies of this state and other states, units of local government, Indian tribes, public and private corporations and other persons of this state, in connection with the administration of laws of this state, including but not limited to laws relating to the inspection, production, processing, marketing, testing and distribution of agricultural products and to the control or eradication of plant and animal diseases and pests.

�� (c) Enter into contracts with foreign governments or foreign government agencies, and contracts and other agreements with growers, handlers or other persons located outside of the United States, for the department or the foreign government, agency or person to provide services pertaining to agricultural and horticultural products or to production processes for agricultural or horticultural products, including but not limited to the inspection, production process verification, marketing, testing and distribution of agricultural or horticultural products.

�� (d) Receive grants from any source and may issue grants to a department or agency of this state or other states, any department or agency of the United States, a unit of local government, an Indian tribe, a public or private corporation or another person for any purpose related to the laws administered or enforced by the department.

�� (e) Exchange information and services with any public or private body or person described in this subsection, in order to minimize duplication of public services, investigations, inspections and audits.

�� (f) Receive compensation, and make payment, for services rendered in performance of contracts and other agreements authorized by this subsection.

�� (2) In the performance of services required by any contract or other agreement authorized by subsection (1) of this section, public agencies that are parties to the contract or agreement shall have the authority and powers of the department.

�� (3) Funds received by the department as provided in subsection (1) of this section shall be deposited with the State Treasurer. Such funds are continuously appropriated to the department for the use of the department in carrying out the purposes of the respective agreements, contracts, state laws and Acts of Congress in relation to which the money is received. [1957 c.478 �2; 1963 c.251 �1; 1967 c.437 �1; 1967 c.637 ��10,10a; 1993 c.21 �1; 1995 c.79 �309; 2007 c.422 �1; 2009 c.187 �1]

�� 561.250 Services by department for commodity commissions, Oregon Beef Council and Oregon Wheat Commission. (1) Notwithstanding the provisions of ORS chapters 577 and 578, upon request of a commodity commission established under ORS 576.051 to 576.455, the Oregon Beef Council created by ORS 577.210 or the Oregon Wheat Commission created under ORS

ORS 634.142

634.142 (2), any license or certificate issued or required of a pesticide consultant, dealer, operator, applicator, private applicator, noncommercial applicator or trainee by this chapter shall expire on December 31 following issuance or on such date as may be specified by rule of the State Department of Agriculture. At least 30 days prior to the expiration date, the department shall by mail notify each person holding a license or certificate of the expiration date thereof.

�� (2) Applications for all licenses or certificates required of a pesticide consultant, dealer, operator, applicator, private applicator, noncommercial applicator or trainee, or renewal thereof, shall be made to the department on forms prescribed by the department and accompanied by the prescribed fee.

�� (3) All such licenses or certificates are personal to the applicant and may not be transferred to any other person.

�� (4) Nothing in this chapter shall be construed as requiring a person, helping or assisting in the application of pesticides by a licensed pesticide applicator, licensed noncommercial pesticide applicator or certified private applicator or the pesticide application business through the performance of manual labor only, to obtain a license or certificate, if the actual application of pesticides is made by:

�� (a) A licensed pesticide applicator, licensed noncommercial pesticide applicator or a certified private applicator; or

�� (b) A person applying pesticides under ORS 634.106.

�� (5) Failure to pay the renewal license fees when due by a pesticide consultant, dealer, operator, applicator or noncommercial applicator, or failure to pay the renewal certificate fees by a trainee, shall forfeit the right to engage in the activities of a pesticide consultant, dealer, operator, applicator, noncommercial applicator or trainee, as the case may be. Any person whose pesticide consultant, dealer, operator, applicator or noncommercial applicator license, or trainee certificate, has been forfeited, shall not be issued a license, certificate or renewal license or renewal certificate except upon written application to the department accompanied by a sum of money equal to the license or certificate fee which should have been paid.

�� (6) If such person is a pesticide consultant, applicator or noncommercial applicator and does not pay the license fee during the first month in which the license fee is delinquent, thereafter such pesticide consultant, applicator or noncommercial applicator shall not only pay the required license fee but shall also obtain a passing grade in a reexamination given by the department for pesticide applicators as prescribed in ORS 634.122, or otherwise demonstrate knowledge of the subject to the satisfaction of the department.

�� (7) No penalty reexamination shall be required of a person whose application for renewal of a license or certificate is accompanied by a signed statement that prior to the application the person has not operated or worked as a pesticide consultant, applicator, noncommercial applicator or trainee, as the case may be, during the previous six months or since the expiration date of the last license or certificate of the person, whichever time is less. If the department later verifies this signed statement is false, then notwithstanding the provisions of ORS chapter 183, the department may immediately suspend the license or certificate which was issued as a result of such statement. Such suspension shall only be removed after the person has complied with the applicable provisions of subsections (5) and (6) of this section. [1973 c.341 �14; 1975 c.304 �10; 1979 c.232 �1; 2007 c.768 �40; 2022 c.53 �6]

�� 634.116 Pesticide operator license; authorized activities; fees; pesticide applicator license; liability insurance; limitation on damages; rules; exemptions. (1) A pesticide operator�s license, or supplements thereto, shall authorize the licensee to engage in one or more of the classes of pest control or pesticide application business prescribed by the State Department of Agriculture under ORS 634.306 (2). The department may not issue a pesticide operator license to the United States, the State of Oregon or federal, state or local agencies, instrumentalities, political subdivisions, counties, cities, towns, municipal corporations, irrigation, drainage or other districts, other federal, state or local governmental bodies or an Indian tribe.

�� (2) During a license period, and after a person has been issued a license to engage in certain classes of pest control or pesticide application business during a license period, the department upon receiving an additional application and applicable fees, may authorize the licensee to engage in additional classes of pest control or pesticide application business for the remainder of the license period as prescribed in ORS 634.306 (2).

�� (3)(a) The department shall establish a pesticide operator license fee not to exceed $90 for the first class of pest control or pesticide application business as prescribed in ORS 634.306 (2) and not to exceed $15 for each additional class.

�� (b) After a person makes first application for a specific license period, if later during the same license period the person desires to engage in additional classes of pest control or pesticide application businesses, such person shall pay the fee for each additional class established by the department not to exceed $20.

�� (4) At least one owner or part owner of the pest control or pesticide application business shall also obtain and maintain a pesticide applicator�s license if the pesticide operator is a sole proprietorship or a partnership. At least one officer or employee shall obtain and maintain a pesticide applicator�s license if the pesticide operator is a corporation. If a pesticide operator is found to be in violation of this subsection, the pesticide operator�s license, notwithstanding ORS chapter 183, is automatically suspended until the pesticide operator is in compliance. If the business is owned by one individual, the department shall make no charge for the pesticide applicator license issued to the individual under ORS 634.122.

�� (5) The department shall not issue or renew a pesticide operator�s license until the applicant or licensee has furnished evidence to the department, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, protecting the applicant or licensee against liability for injury or death to persons and loss of or damage to property resulting from the application of pesticides, or in lieu of a policy, has furnished a deposit of cash, surety bond or other evidence of financial responsibility acceptable to the department that may be applied by the department to the payment of damages resulting from operator liability. However:

�� (a) Except as required under paragraph (b) of this subsection, the financial responsibility required by this section shall not apply to damages or injury to crops or real or personal property being worked upon by the applicant.

�� (b) If the applicant or licensee is to be engaged in the business of controlling or eradicating structural pests, or pests within a public or private place, or pests within private or public places where food is served, prepared or processed or where persons are regularly housed, the financial responsibility required by this section shall apply to damages or injury to real or personal property being worked upon, as well as all the other real and personal property set forth in this section.

�� (6) The financial responsibility required by subsection (5) of this section must be not less than $25,000 for bodily injury to one or more persons and not less than $25,000 for property damage.

�� (7) Notwithstanding the provisions of ORS chapter 183, if the licensed pesticide operator fails to maintain the financial responsibility required by subsections (5) and (6) of this section, the license is automatically suspended until the department again verifies the pesticide operator is in compliance with subsections (5) and (6) of this section. The liability insurance company shall notify the department in writing at least 30 days prior to any cancellation of an insurance policy required by this section.

�� (8) Notwithstanding the provisions of ORS 105.810 and 105.815 or other laws to the contrary, the amount of damages for which a pesticide operator or pesticide applicator is liable as a result of use of pesticides, or financial responsibility for the same is limited to actual damages only.

�� (9) The department shall return the deposit required by subsection (5) of this section to the pesticide operator if the pesticide operator at any time establishes exemption from the financial responsibility requirements under this chapter. After the expiration of two years from the date of an injury, death, loss or damage, the department shall return any deposit remaining to the pesticide operator or to the personal representative of the pesticide operator except that the department shall not make a return if the department has received notice that an action for damages arising out of the provisions of this section has been filed against the pesticide operator for whom the deposit was made, and the department has determined that the action is pending or that any judgment resulting from the action remains unpaid.

�� (10) If the pesticide operator is or employs a pesticide applicator to spray or otherwise apply pesticides by aircraft, in addition to other provisions of this section relating to financial responsibility, the department may by rule allow the pesticide operator to reduce, suspend or terminate the liability insurance, applicable to spraying or otherwise applying pesticides by aircraft, and required by subsections (5) and (6) of this section during certain periods of the year.

�� (11) The department may by rule allow liability insurance policies required by subsections (5) and (6) of this section to include deductible clauses of amounts to be determined by the department.

�� (12)(a) The United States, the State of Oregon or federal, state or local agencies, instrumentalities, political subdivisions, counties, cities, towns, municipal corporations, irrigation, drainage or other districts, other federal, state or local governmental bodies or Indian tribes are not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when:

�� (A) Applying pesticides to property under their ownership, possession, control or jurisdiction;

�� (B) Applying pesticides pursuant to an order issued by the department for purposes of controlling or eradicating noxious weeds or pests; or

�� (C) Applying pesticides to property under the ownership, possession, control or jurisdiction of another federal, state or local agency, instrumentality, political subdivision, county, city, town, municipal corporation, irrigation, drainage or other district, of another federal, state or local governmental body, of an Indian tribe or of a homeowners association as defined under ORS 94.550 if:

�� (i) The land is in a jurisdiction adjacent to property under their ownership, possession, control or jurisdiction;

�� (ii) The application is done in conjunction with, or as an extension of, an application of pesticides to property under their ownership, possession, control or jurisdiction; and

�� (iii) The pesticide application is done on a cost recovery, cooperative trade of services or no cost basis, and not as a source for profit.

�� (b) A public utility or telecommunications utility is not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when applying pesticides to property under the ownership, possession or control of the utility.

�� (c) In addition to any application allowed under paragraph (a) of this subsection, a vector control district is not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when applying pesticides for the prevention, control or eradication of a public health vector as defined in ORS 452.010 to property under the ownership, possession, control or jurisdiction of another federal, state or local agency, instrumentality, political subdivision, county, city, town, municipal corporation, irrigation, drainage or other district or other federal, state or local governmental body or of a homeowners association as defined under ORS 94.550 if the pesticide application is done on a cost recovery, cooperative trade of services or no cost basis, and not as a source of profit.

�� (13) Subject to subsection (15) of this section, the employees of the agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, Indian tribes or utilities described in subsection (12) of this section who perform or carry out the work, duties or responsibilities of a pesticide applicator are subject to the provisions of this chapter, except they shall be issued �public applicator� licenses or, if they carry out the work, duties or responsibilities of a pesticide trainee, shall be issued �public trainee� certificates, if they otherwise comply or qualify with the provisions of this chapter relating thereto.

�� (14) The public applicator license or public trainee certificate shall be:

�� (a) Issued by the department upon payment of the fee for the pesticide applicator license or pesticide trainee certificate.

�� (b) Valid and used by the licensee or certificate holder only when applying pesticides as described in subsection (12) of this section.

�� (c) Renewed, suspended or revoked each year in the same manner, under the same provisions and at the same time as other pesticide applicator licenses and trainee certificates are renewed, suspended or revoked.

�� (15) The provisions of subsection (13) of this section apply only to:

�� (a) The application of restricted-use pesticides;

�� (b) The application of any pesticide by using a machine-powered device, except as provided in ORS 634.118; or

�� (c) The application of any pesticide at the campus of a school, as defined in ORS

ORS 634.172

634.172, files the report required by ORS 634.172 and mails or personally delivers true copies of that report to:

�� (a) The landowner or pesticide operator who is allegedly responsible for the loss; and

�� (b) The person for whom the pesticide was applied if that person is not the person commencing the action.

�� (2) For the purposes of this section:

�� (a) �Landowner� includes any person, firm, corporation, the state, any county within the state, or municipality, shown by records of the county to be the owner of land or having such land under contract for purchase.

�� (b) �Pesticide operator� has the meaning given in ORS 634.006. [1991 c.351 �3; 1995 c.96 �1]

�� 12.274 Action against trustee of express trust. Notwithstanding any other provision of this chapter, an action against the trustee of an express trust, whether in contract, tort or otherwise, arising from any act or omission of the trustee constituting a breach of duty shall be commenced within six years from the date the act or omission is discovered or in the exercise of reasonable diligence should have been discovered. However, no such action shall be commenced more than 10 years from the date of the act or omission complained of, or two years from the termination of any fiduciary account established under the trust, whichever date is later. [1991 c.968 �4]

�� 12.276 Action for death, injury or damage resulting from breast implants. (1) Notwithstanding ORS 12.110 (1) or 30.020, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered:

�� (a) The death or specific injury, disease or damage for which the plaintiff seeks recovery;

�� (b) The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and

�� (c) All other elements required to establish plaintiff�s claim for relief.

�� (2) Except as provided in subsections (3) and (4) of this section, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 12.110 (1) or 12.115 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

�� (3) An action for death, injury or damage against a physician licensed pursuant to ORS chapter 677, or against a health care facility licensed under ORS chapter 441, resulting from breast implants containing silicone, silica or silicon as a component, remains subject to the limitations imposed by ORS 12.110 (4),

ORS 634.210

634.210); subsection (2) enacted as 1965 c.22 �2(1); paragraph (b) of subsection (11) derived from 1965 c.22 �2(2); 1969 c.268 �4; repealed by 1973 c.341 �37]

�� 634.212 Formation of protected areas; petition; filing fee; guidelines for determinations by director. (1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within the territory proposed to be a protected area, the State Department of Agriculture may establish a protected area, in accordance with the provisions of ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines.

�� (2) The petition, referred to in subsection (1) of this section, shall include the following:

�� (a) The proposed name of the protected area.

�� (b) The description, including proposed boundaries, of the territory proposed to be a protected area.

�� (c) A concise statement of the need for the establishment of the protected area proposed.

�� (d) A concise statement of the pesticides and the times, methods or rates of pesticide applications to be restricted or prohibited and the extent such are to be restricted or prohibited.

�� (e) A request that a public hearing be held by the department.

�� (f) The name of the person authorized to act as attorney in fact for the petitioners in all matters relating to the establishment of a proposed protected area.

�� (g) A concise statement of any desired limitations of the powers and duties of the governing body of the proposed protected area.

�� (3) If more than one petition, referred to in subsection (1) of this section, is received by the department describing parts of the same territory, the department may consolidate all or any of such petitions.

�� (4) Each petition, described in subsection (1) of this section, shall be accompanied by a filing fee of $125. Upon receipt of such petition and payment of such fee, the department shall prepare and submit to the petitioners an estimated budget of the costs of establishing such proposed protected area, including cost of preparation of the estimated budget, of the hearing and of the preparation of required documents. Within 15 days of the receipt of the estimated budget, the petitioners shall remit to the department the difference between the filing fee and total estimated budget. If the petitioners fail to remit such difference, the department shall retain the filing fee and terminate the procedure for establishment of a proposed protected area. If, upon completion of the procedure for establishment of a proposed protected area, there remains an unexpended and unencumbered balance of funds received by the department under this section, such balance shall be refunded to the petitioners through their designated attorney in fact.

�� (5) When determining whether to amend or revoke a rule or order declaring a protected area, the Director of Agriculture shall consider, among other factors, the following:

�� (a) The agricultural and horticultural crops, wildlife or forest industries to be affected and their locations.

�� (b) The topography and climate, including temperature, humidity and prevailing winds, of the territory in which the proposed protected area is situated.

�� (c) The characteristics and properties of pesticides used or applied and proposed to be restricted or prohibited. [1973 c.341 �25; 1999 c.59 �185; 2005 c.22 �446; 2007 c.71 �197; 2009 c.98 �27]

�� 634.213 [1961 c.642 �18; repealed by 1973 c.341 �37]

�� 634.215 [1953 c.685 �12; 1961 c.294 �3; repealed by 1973 c.341 �37]

�� 634.216 Protected area as governmental subdivision upon completion of required filings. If the Director of Agriculture declares a protected area under ORS 634.212, the copy of the rule or order that the director files with the Secretary of State must be accompanied by a map of a scale of at least one inch per mile. The Secretary of State shall maintain a copy of the rule or order, and of the map, as a public record in the office of the Secretary of State. Upon such required filings, the protected area shall be deemed to be a governmental subdivision of the state and a public body corporate. [1973 c.341 �26; 2009 c.98 �28]

�� 634.217 [1953 c.685 �12; 1961 c.294 �4; repealed by 1973 c.341 �37]

�� 634.220 [1953 c.685 �12; 1961 c.294 �5; repealed by 1973 c.341 �37]

�� 634.222 Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence. In any suit, action or proceeding involving the validity or enforcement of any proceeding or action of a protected area, the protected area shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the filing of an order as required by ORS 634.216. A copy of such order, certified as filed by the Secretary of State, shall be admissible evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof. [1973 c.341 �31]

�� 634.225 [1953 c.685 �12; 1961 c.294 �6; repealed by 1973 c.341 �37]

�� 634.226 Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority. (1) A protected area, established pursuant to the provisions of this chapter, shall be governed and administered by an area committee consisting of five members. The term of office of each member, except as provided in paragraphs (b) and (c) of this subsection, shall be three years. Such area committee shall be established in accordance with the following:

�� (a) Within 30 days after the establishment of a protected area, as provided in ORS 634.216, the State Department of Agriculture shall give notice that petitions to nominate candidates for three positions on such committee shall be accepted by the department. Such notice shall be given by publication at least once in a newspaper of general circulation in the protected area and by delivery of a copy of the notice to the county clerk of the county in which the protected area is situated, who thereafter shall post the same in a conspicuous public place. Such notice shall contain:

�� (A) The address of the department;

�� (B) The time within which the petition to nominate is to be filed;

�� (C) The fact that 25 or more electors, or two-thirds of the electors then registered, if there are less than 25, residing within the protected area must subscribe such petition;

�� (D) The fact that such electors may subscribe the nominating petition of more than one candidate for a position on said committee; and

�� (E) The fact that a candidate must reside within the protected area.

�� (b) Upon receipt of any nominating petitions described in subsection (1)(a) of this section, the department shall prepare ballots containing the names of the candidates, in alphabetical order of surnames, and a space for at least one write-in candidate. If no nominating petitions are received by the department, this fact shall be stated upon the ballot and at least three spaces provided thereon for write-in candidates. Such ballots shall also state the time within which the ballots are to be returned to the department and the address of the department. All electors within the boundaries of the territory as determined by the department are eligible to vote in the referendum. The department shall determine the results of such election and shall file with the Secretary of State a declaration of the results of such election, which declaration shall be maintained as a public record in the office of the Secretary of State. The three candidates receiving the largest number of the votes cast in such election shall be the three elected members of the area commission, whose terms of office, to be determined by lot, shall be one, two and three years respectively.

�� (c) Upon determining the results of the election provided in paragraph (b) of this subsection, the department shall appoint two members to the area committee, which appointments shall be subject to the approval of the majority of the three elected members of said committee. Such appointed members shall be residents of the protected area and have knowledge of pesticides, pesticide application and existing conditions, affecting pesticide application. The terms of office, to be determined by lot, shall be one and two years respectively, and the department shall thereafter appoint the successors in office of such members, as well as those of elected members whose office is vacated prior to the expiration of a term.

�� (2)(a) Upon the establishment of the area committee, the members thereof shall designate a chairperson, secretary and treasurer, which designations may, from time to time, be changed. A majority of the area committee shall constitute a quorum and an act by a majority of such quorum shall constitute an official act of the area committee.

�� (b) The area committee shall:

�� (A) Provide for surety bonds for all persons entrusted with funds or property of the protected area;

�� (B) Prepare and maintain accurate and complete records of all activities, meetings, orders and regulations of the protected area;

�� (C) Employ, as deemed necessary, persons to assist the area committee in its administration and enforcement activities, including issuance of permits to applicators;

�� (D) Not engage in the business of buying or selling pesticides;

�� (E) Promulgate, in consultation with the department, regulations as provided in subsection (4) of this section;

�� (F) Carry out the procedures for the establishment of a restricted area as provided in ORS

ORS 634.212

634.212 to 634.242.

�� (3) Each year after the establishment of a protected area and at least 15 days prior to the annual meeting called pursuant to subsection (2)(b)(G) of this section, the area committee shall notify the department of the annual meeting time. Upon receipt of such notice, the department shall initiate and carry out the procedures for election of members to vacancies on the area committee and shall follow the procedures for elections provided in subsection (1) of this section. The candidates shall be elected and take office as provided in subsection (1) of this section.

�� (4)(a) In accordance with the provisions of ORS chapter 183, the area committee shall promulgate regulations governing or prohibiting the application of pesticides within the protected area, by aircraft or otherwise, which relate to the time, place, method of pesticide application and other matters necessary to prevent damage or injury to susceptible crops, insects, wildlife or forests.

�� (b) In promulgating such regulation, the area committee shall consider, among other things, the:

�� (A) Topography and climate, including temperature, humidity and prevailing winds;

�� (B) Characteristics and properties of pesticides used or applied; and

�� (C) Location of susceptible crops, insects, wildlife or forests.

�� (c) Any interested person may petition to enlarge or restrict the regulation of pesticide application by filing a petition to amend the regulations of the protected area with the area committee which, in consultation with the department and in accordance with the provisions of ORS chapter 183, shall allow or deny such petition and amend the regulations of the protected area accordingly. [1973 c.341 �27; 1997 c.249 �194]

�� 634.230 [Amended by 1953 c.685 �12; 1961 c.294 �7; 1965 c.22 �4; repealed by 1973 c.341 �37]

�� 634.232 Restricted area formation; matters to be considered; additional area committee member. (1) At any time after the establishment of a protected area, the State Department of Agriculture at the request of the area committee of such protected area, may establish a restricted area in accordance with the provisions of ORS 561.510 to

ORS 634.306

634.306 (2).

�� (4)(a) A pesticide applicator license fee shall be established by the department not to exceed $50 for the first class of pest control or pesticide application business as prescribed in ORS 634.306 (2) and not to exceed $7.50 for each additional class.

�� (b) After a person makes first application for a license or renewal thereof for a specific license period, if later during the same license period such person desires to engage in additional classes of pest control or pesticide application business as prescribed in ORS 634.306 (2), such person shall pay the fee for each additional class established by the department not to exceed $12.50.

�� (5) Examinations or reexaminations for pesticide applicator�s licenses shall be given by the department at such time and in any of its branch offices or other locations it deems expedient, and shall be under the supervision of its employees or appointees. The department is authorized to:

�� (a) Appoint without pay or reimbursement, employees of other state agencies who are authorized to give examinations.

�� (b) Prepare and maintain various types of examinations and types and schedules of reexaminations and to take all other measures deemed necessary to insure that persons receiving passing grades thereto have been fairly and reasonably tested as to their ability and that there have been no fraudulent or dishonest means used by the applicants in applying for or in the taking of examinations or reexaminations.

�� (6) If it verifies an applicant has received a passing grade on the examination or reexamination and otherwise has complied with the provisions of this chapter, the department shall issue a pesticide applicator�s license. [1973 c.341 �16; 1975 c.304 �12; 1991 c.943 �6; 1993 c.599 �2; 1995 c.79 �326; 2019 c.84 �1]

�� 634.124 Noncommercial pesticide applicator license; fee; rules. (1) An applicant for a noncommercial pesticide applicator license must:

�� (a) Be at least 18 years of age at the time the license is issued; and

�� (b) Demonstrate to the satisfaction of the State Department of Agriculture, on a written examination or any reexamination given by the department, an adequate knowledge of:

�� (A) The characteristics of pesticides and the effect of their application;

�� (B) The practices of application of pesticides;

�� (C) The conditions and times of application of pesticides and the precautions to be taken in connection therewith;

�� (D) The applicable laws and rules relating to pesticides and their application in this state;

�� (E) Integrated pest management techniques, as defined in ORS 634.650, for pest control;

�� (F) Best practices for avoiding adverse effects from pesticides on populations of bees and other pollinating insects; and

�� (G) Other requirements or procedures that will benefit and protect human health and the environment.

�� (2) Based upon the license application and the request of the applicant, the department may examine the applicant in any one or more of the classes of pest control established by the department under ORS 634.306 (2).

�� (3) The fee for a noncommercial pesticide applicator license, including fees for an additional class, shall be the same as the license fee adopted by the department, pursuant to ORS 634.122, for a pesticide applicator�s license.

�� (4) A noncommercial pesticide applicator license shall be:

�� (a) Valid and used by the licensee only when applying pesticides as authorized by the noncommercial pesticide applicator license; and

�� (b) Renewed, suspended or revoked in the same manner, under the same provisions and at the same time as other pesticide applicator licenses are renewed, suspended or revoked.

�� (5) The department is authorized to prepare and maintain various types of examinations and types and schedules of reexaminations and to take all other measures deemed necessary to ensure that persons receiving passing grades have been fairly and reasonably tested as to their ability and that there have been no fraudulent or dishonest means used by the applicants in applying for or in the taking of examinations or reexaminations.

�� (6) If the department verifies an applicant has received a passing grade on the examination or reexamination and otherwise has complied with the provisions of this chapter, the department shall issue a noncommercial pesticide applicator�s license.

�� (7) A person acting as a noncommercial pesticide applicator shall prepare and maintain records as required by the department.

�� (8) A noncommercial pesticide applicator license does not authorize a licensee to work for or be employed by a pesticide operator.

�� (9) The department may adopt rules to administer the provisions of this chapter pertaining to noncommercial pesticide applicators and noncommercial pesticide trainees. In adopting such rules, the department shall consider the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., or other relevant federal laws or regulations, or relevant provisions of this chapter. [2022 c.53 �2]

�� Note: 634.124 was added to and made a part of ORS chapter 634 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 634.126 Trainee certificate; renewal; fee. (1) In accordance with rules adopted by the State Department of Agriculture, as provided in ORS 634.306 (1), the department shall issue or renew its pesticide trainee�s certificate if the applicant or certificate holder:

�� (a) Is at least 18 years of age;

�� (b) Is employed by a licensed pesticide operator;

�� (c) Is working under the direct supervision and control of a licensed applicator or, if spraying or otherwise applying pesticides by aircraft, a certified aerial pesticide applicator; and

�� (d) Is in compliance with the applicable provisions of this chapter and rules adopted under this chapter.

�� (2) The fees for a pesticide trainee�s certificate, or renewal thereof, shall be the same as the license fee for a pesticide applicator. [1973 c.341 �17; 1997 c.249 �193; 2015 c.833 �6]

�� 634.127 Noncommercial pesticide trainee certificate; fee. (1) In accordance with rules adopted by the State Department of Agriculture, as provided in ORS 634.306 (1), the department shall issue or renew a noncommercial pesticide trainee�s certificate if the applicant or certificate holder:

�� (a) Is at least 18 years of age;

�� (b) Is working under the direct supervision and control of a licensed noncommercial pesticide applicator or, if spraying or otherwise applying pesticides by aircraft, a certified aerial pesticide applicator; and

�� (c) Is in compliance with the applicable provisions of this chapter and rules adopted under this chapter pertaining to noncommercial pesticide applicators.

�� (2) The fee for a noncommercial pesticide trainee�s certificate, or renewal thereof, shall be the same as the license fee for a pesticide applicator. [2022 c.53 �3]

�� 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.

�� (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]

�� 634.130 [Repealed by 1953 c.117 �2]

�� 634.132 Consultant license; fee; qualifications; examination; applicability of law. (1) The annual license fee for a pesticide consultant shall be established by the State Department of Agriculture not to exceed $40.

�� (2) An applicant for a pesticide consultant�s license shall be required to demonstrate satisfactorily by written examination or any reexamination given by the department, an adequate knowledge of:

�� (a) The characteristics of pesticides and the effect of their application to particular crops.

�� (b) The practices of application of pesticides.

�� (c) The conditions and times of application of pesticides and the precautions to be taken in connection therewith.

�� (d) The applicable laws and rules relating to pesticides and their application in this state.

�� (e) Other requirements or procedures which will be of benefit to and protect the pesticide applicators, the persons who use the services of the pesticide applicator and the property of others.

�� (3) Based upon the license application and the request of the applicant, the department may examine the applicant only in any one or more of the classes of pesticides established by the department under ORS 634.306 (2).

�� (4) Examinations or reexaminations for pesticide consultant�s licenses shall be subject to ORS

ORS 634.316

634.316 as highly toxic or restricted-use pesticides or devices. [2015 c.833 �17]

�� 634.050 [Repealed by 1953 c.118 �2]

STATEWIDE REGULATION OF PESTICIDES

�� 634.055 Legislative findings. The Legislative Assembly hereby determines that the citizens of this state benefit from a system of safe, effective and scientifically sound pesticide regulation. The Legislative Assembly further finds that a uniform, statewide system of pesticide regulation that is consistent, coordinated and comports with both federal and state technical expertise is essential to the public health, safety and welfare and that local regulation of pesticides does not materially assist in achieving these benefits. [1996 c.10 �4 (enacted in lieu of 634.007)]

�� 634.057 State preemption of local pesticide regulation. No city, town, county or other political subdivision of this state shall adopt or enforce any ordinance, rule or regulation regarding pesticide sale or use, including but not limited to:

�� (1) Labeling;

�� (2) Registration;

�� (3) Notification of use;

�� (4) Advertising and marketing;

�� (5) Distribution;

�� (6) Applicator training and certification;

�� (7) Licensing;

�� (8) Transportation;

�� (9) Packaging;

�� (10) Storage;

�� (11) Disclosure of confidential information; or

�� (12) Product composition. [1996 c.10 �6 (enacted in lieu of 634.009)]

�� 634.060 Actions allowed by city, town, county or other political subdivision. Notwithstanding ORS 634.057, a city, town, county or other political subdivision of this state may adopt a policy regarding the use of pesticides on property owned by the city, town, county or other political subdivision adopting the policy. [1996 c.10 �8 (enacted in lieu of 634.011)]

�� 634.063 Exceptions to state preemption of pesticide regulation. Nothing in ORS 634.057 shall limit the authority of a city, town, county or other political subdivision of this state to adopt or enforce a local ordinance, rule or regulation strictly necessary to comply with:

�� (1) The Uniform Building Code published by the International Conference of Building Officials, as amended and adopted by the Director of the Department of Consumer and Business Services;

�� (2) A uniform fire code; or

�� (3) Any requirement of a state or federal statute or regulation pertaining to pesticides. [1996 c.10 �10 (enacted in lieu of 634.013)]

�� 634.065 Department consideration of concerns raised by city, town, county or political subdivision. In administering this chapter, the State Department of Agriculture shall consider any concern raised by a city, town, county or other political subdivision of the state regarding the regulation of pesticides. [1996 c.10 �12 (enacted in lieu of 634.015)]

LICENSING AND CERTIFICATION

�� 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:

�� (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]

�� 634.110 [Repealed by 1953 c.117 �2]

�� 634.112 Renewal of licenses or certificates; delinquency. (1) Except as provided in ORS

ORS 634.322

634.322 (3). [1973 c.341 �34; 1987 c.158 �121; 1995 c.360 �2; 1999 c.1059 ��14,18; 2001 c.307 ��3,4; 2022 c.53 �9]

�� 634.375 Sanctions for failure to pay civil penalty. The State Department of Agriculture may suspend, revoke or refuse to renew a license, certificate or other authorization issued to a person under this chapter if the person fails to pay a civil penalty under ORS 634.900 on or before 90 days after the date that the order imposing the civil penalty becomes final by operation of law or on appeal. [2015 c.833 �10]

THIRAM STUDY AND RESTRICTIONS

�� 634.410 Study of effects of thiram on health and safety; evaluation; report. The Workers� Compensation Board shall cause the Occupational Health Section to conduct a study or insure that a study is conducted, of the effects on occupational health and safety of the use in reforestation activities of tree seedlings treated with the pesticide thiram or any formulation containing the chemical tetramethylthiuram disulfide. The study shall include evaluation of alternative precautionary measures that may be taken to protect the health and safety of individuals involved in reforestation activities who handle tree seedlings treated with thiram. The board shall report its findings and recommendations to the State Department of Agriculture not later than December 1, 1976. [1975 c.777 �2]

�� 634.415 Rules to insure adequate precautionary measures in use of thiram in reforestation. The Workers� Compensation Board shall as a result of the study direct the Occupational Health Section to promulgate rules and regulations to insure that adequate precautionary measures and procedures are followed during the use of thiram in reforestation operations. [1975 c.777 �3]

�� 634.420 Limit on use of thiram; effect of study. Notwithstanding any other provision of this chapter, the State Department of Agriculture shall not register or otherwise authorize the use of the pesticide thiram as a repellent on forest tree seedlings after June 1, 1977, unless a report to the department made pursuant to ORS 634.410 to 634.425 states that thiram may be used for such purpose without creating a serious health or safety hazard to individuals involved in reforestation activities who handle tree seedlings treated with thiram and that adequate precautionary measures may be reasonably undertaken to offset any substantial hazards involved in the use of thiram. [1975 c.777 �4]

�� 634.425 Construction of ORS 634.410 to 634.425. Nothing in ORS 634.410 to 634.425 shall be construed so as to limit the authority of the State Department of Agriculture to refuse registration of the chemical thiram prior to June 1, 1977. [1975 c.777 �5]

TRIBUTYLTIN COMPOUNDS

�� 634.500 Definitions for ORS 634.500 to 634.520. As used in ORS 634.500 to 634.520:

�� (1) �Low-leaching tributyltin antifouling paint or coating� means a tributyltin-based marine antifouling paint or coating that has a steady state release rate of not more than 5.0 micrograms per square centimeter per day as determined in accordance with a United States Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136. If a lower release rate is determined by the Environmental Quality Commission to be necessary to protect health or the environment, such rate, if adopted by rule by the commission, shall be the acceptable release rate.

�� (2) �Tributyltin-based marine antifouling paint or coating� means a paint, coating or treatment that contains tributyltin or a triorganotin compound used as a substitute for tributyltin and that is intended to control fouling organisms in a freshwater or marine environment.

�� (3) �Waters of the state� has the meaning given that term in ORS 468B.005. [1987 c.207 �2]

�� 634.505 Prohibition against sale of compound that releases certain substances in water; exception. Except as provided in ORS 634.510 to 634.520, a person may not sell, offer to sell or use in this state tributyltin-based marine antifouling paint or coating unless a method of using such paint or coating exists that does not result in the release of tributyltin or derivative or organotin into the waters of the state. [1987 c.207 �3]

�� 634.510 Conditions for sale. A tributyltin-based marine antifouling paint or coating may be sold or used in this state if the paint or coating is:

�� (1) Sold and used in accordance with ORS 634.515 and 634.520; and

�� (2)(a) A low-leaching tributyltin antifouling paint or coating used on aluminum hulls;

�� (b) A low-leaching tributyltin antifouling paint or coating used on a ship that is more than 25 meters in length; or

�� (c)(A) In a spray can containing 16 ounces or less of paint or coating; and

�� (B) Commonly referred to as an outboard or lower drive unit paint. [1987 c.207 �4]

�� 634.515 Sale by pesticide dealer; duties of customer. (1) Except as provided in subsection (2) of this section, in addition to any other limitation on a restricted use pesticide under this chapter, on and after September 27, 1987:

�� (a) A low-leaching tributyltin antifouling paint or coating may be sold in Oregon only by a pesticide dealer licensed under ORS 634.112.

�� (b) A pesticide dealer licensed under ORS 634.112 may sell low-leaching tributyltin antifouling paint or coating only to a person who certifies in writing that the paint or coating is to be used for one of the uses allowed under ORS 634.510.

�� (2) Notwithstanding any provision of this chapter or any rule adopted thereunder, a pesticide dealer may sell low-leaching tributyltin antifouling paint or coating to any person, whether or not the person is a licensed applicator. [1987 c.207 �5]

�� 634.520 Report of sales to department. (1) Any pesticide dealer licensed under ORS 634.112 who sells low-leaching tributyltin antifouling paint or coating shall submit a periodic report to the State Department of Agriculture.

�� (2) The report required under subsection (1) of this section shall be submitted to the department on a periodic basis as established by the department. The report shall include the following information about sales of low-leaching tributyltin antifouling paint or coating:

�� (a) The name of any person purchasing the paint or coating;

�� (b) The amount sold to each purchaser; and

�� (c) The use for which the purchaser certified the paint or coating was to be used. [1987 c.207 �6]

�� 634.525 [Formerly 488.885; repealed by 1991 c.67 �6]

PESTICIDE ANALYTICAL AND RESPONSE CENTER

�� 634.550 Center governing board; duties and powers. (1) There is created a Pesticide Analytical and Response Center with a governing board consisting of the following members:

�� (a) The Director of Agriculture or designee.

�� (b) The State Forester or designee.

�� (c) The State Fish and Wildlife Director or designee.

�� (d) The Director of the Department of Environmental Quality or designee.

�� (e) The Director of the Oregon Health Authority or designee.

�� (f) The Administrator of the Occupational Safety and Health Division or designee.

�� (g) The State Fire Marshal or designee.

�� (h) The Director of the Poison Control and Drug Information Program of the Oregon Health and Science University or designee.

�� (i) One citizen from the state at large appointed jointly by the Director of Agriculture and the Director of the Oregon Health Authority.

�� (2) The Director of Agriculture shall appoint an administrator for the Pesticide Analytical and Response Center, who shall be responsible to the board for performance of the duties of the center and the board.

�� (3) The Director of Agriculture or designee and the Director of the Oregon Health Authority or designee shall alternate as chairperson of the board for terms of one year each. When one is serving as chairperson, the other shall serve as vice chairperson.

�� (4) The board shall seek expert consultation from the extension service toxicology program, the Oregon Institute of Occupational Health Sciences and such other sources as may be needed.

�� (5) The functions of the board are to:

�� (a) Direct the activities and priorities of the administrator of the center.

�� (b) Centralize receiving of information relating to actual or alleged health and environmental incidents involving pesticides.

�� (c) Mobilize expertise necessary for timely and accurate investigation of pesticide incidents and analyses of associated samples.

�� (d) Identify trends and patterns of problems related to pesticide use.

�� (e) Make recommendations for action to a state agency when a majority of the board considers that such action may be warranted on the basis of the findings of an incident investigation or on the basis of identification of a trend or pattern of problems. Recommended actions may include, but not be limited to, regulatory action, modification of administrative rules, proposal of new legislation, public education and consultation to industry.

�� (f) Develop standard operating procedures for implementation by the public entities represented on the board to coordinate the receipt of, and response to, pesticide-related complaints indicating possible health or environmental effects.

�� (g) Report biennially to the Legislative Assembly, or to an interim committee dealing with natural resource issues, regarding activities during the reporting period by the board and by public entities represented on the board regarding the development, implementation, amendment or operation of standard operating procedures described in paragraph (f) of this subsection.

�� (h) Report in a standardized format the results of the investigations of pesticide incidents.

�� (i) Establish by consensus, procedures for carrying out its responsibilities within the limits of available resources.

�� (j) Prepare and submit to each odd-numbered year regular session of the Legislative Assembly a report of the activities of the center that includes a record of recommendations made by the board and the actions resulting from the board�s work.

�� (6) Upon receipt of a recommendation from the board, a state agency shall respond in a timely manner to inform the board of actions taken or the reasons for taking no action on the recommendation.

�� (7) Any medical information received by a member of the board or by a staff member of the center in the course of carrying out the duties of the center or the board shall be held confidential as provided in ORS 192.553 to 192.581 and 433.008.

�� (8) The functions of the board do not supersede the regulatory authority of any agency and are not in lieu of the regulatory authority of any agency. [1991 c.729 �2; 2001 c.2 �1; 2003 c.86 �14; 2009 c.595 �1040; 2011 c.545 �64; 2013 c.111 �3; 2015 c.833 �14]

�� 634.555 Pesticide incident telephone line. (1) The State Department of Agriculture, in consultation with the Pesticide Analytical and Response Center, shall establish a pesticide incident telephone line for receiving, and facilitating the coordination of public entities� responses to, pesticide-related complaints by the public indicating possible health or environmental effects.

�� (2) The center shall develop and maintain standard operating procedures for use with the telephone line. The department, in consultation with the center and other affected public entities, shall periodically update the telephone line operating procedures to comply with any new standard operating procedures developed by the center. [2015 c.833 �15]

�� 634.557 Biennial reporting of telephone line operations. The State Department of Agriculture shall report biennially to the Legislative Assembly regarding the operation of the pesticide incident telephone line required under ORS 634.555. The report may include, but need not be limited to, any recommendations of the department or the Pesticide Analytical and Response Center for legislation regarding the telephone line. [2015 c.833 �16]

MINOR CROPS ADVISORY COMMITTEE

�� 634.600 Committee members; appointment; compensation and expenses; duties. (1) There is created the Minor Crops Advisory Committee in the State Department of Agriculture consisting of six members appointed by the Director of Agriculture and the coordinator of the Interregional Project Number 4 program at Oregon State University who shall be a permanent member.

�� (2) The director, as far as practicable, shall make appointments to the advisory committee so that the committee is representative of all segments of agriculture.

�� (3) Each appointed member shall serve a term of three years beginning July 1 of the year of appointment. A member shall continue to serve until a successor is appointed. Vacancies in office shall be filled by appointment for the unexpired term.

�� (4) The committee shall meet at the call of the chairperson or the Director of Agriculture. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the committee.

�� (5) At the first meeting after July 1 of each year, the committee shall select a chairperson. The Dean of the College of Agricultural Sciences of Oregon State University and the Director of Agriculture, or their representatives, shall be ex officio members without the right to vote.

�� (6) Members of the committee shall be eligible for compensation and expenses as provided in ORS 292.495.

�� (7) The committee shall:

�� (a) Advise the department in the administration of ORS 634.016 to 634.042 as relates to minor crop use registrations;

�� (b) Cooperate with the United States Department of Agriculture�s Interregional Project Number 4 and the United States Environmental Protection Agency in obtaining federal registrations of pesticides for minor crop uses; and

�� (c) Maintain close contact between the department and agricultural producers regarding the need for research to support registration of pesticides for minor crops. [1989 c.709 �2]

INTEGRATED PEST MANAGEMENT

(State Agencies and Public Universities)

�� 634.650 Definitions for ORS 634.650 to 634.665. As used in ORS 634.650 to 634.665:

�� (1) �Integrated pest management� means a science-based decision-making process that:

�� (a) Identifies and reduces risks from pests and from pest management-related strategies;

�� (b) Coordinates the use of pest biology, environmental information and comprehensive technology to prevent unacceptable levels of pest damage by economical means and poses the least possible risk to people, property, resources and the environment; and

�� (c) Uses a pest management approach that focuses on the prevention of pests through a combination of techniques that may include, but need not be limited to:

�� (A) Surveillance and monitoring;

�� (B) Early detection and rapid response;

�� (C) Mechanical control;

�� (D) The selective use of pesticides;

�� (E) Cultural practices;

�� (F) Modified land management;

�� (G) Biological controls;

�� (H) Evaluation of the effects and efficacy of pest treatments; and

�� (I) Control practices selected and applied to achieve desired pest management objectives in a manner that minimizes risks to human health, nontarget organisms, native fish and wildlife habitat, watersheds and the environment.

�� (2) �Pest� means any vertebrate or invertebrate animal, pathogen, parasitic plant, weed or similar or allied organism which can cause disease or damage to crops, trees, shrubs, grasses or other plants, humans, animals or property. [1991 c.943 �1; 2013 c.289 �4]

�� Note: 634.650 to 634.665 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 634 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 634.653 Appointment of State Integrated Pest Management Coordinator. The Dean of the College of Agricultural Sciences of Oregon State University shall appoint a faculty member of the college who has administrative and technical experience in integrated pest and production management matters to act as the State Integrated Pest Management Coordinator. The coordinator shall serve at the pleasure of the dean. [2013 c.289 �2]

�� Note: See note under 634.650.

�� 634.655 Policy. The Legislative Assembly declares that it is the policy of the State of Oregon to require all state agencies that have pest control responsibilities to follow the principles of integrated pest management. [1991 c.943 �2]

�� Note: See note under 634.650.

�� 634.657 Integrated Pest Management Coordinating Committee; purposes; report; funding. (1) There is established an Integrated Pest Management Coordinating Committee, consisting of:

�� (a) The State Integrated Pest Management Coordinator;

�� (b) The integrated pest management coordinator for each state agency listed in ORS

ORS 634.326

634.326, shall be dedicated for funding activities of the committee. The Director of Agriculture shall draw warrants for the issuance of payments from the account as authorized by vote of a majority of the committee. [2013 c.289 �3; 2015 c.767 �206]

�� Note: See note under 634.650.

�� 634.660 Agencies and universities required to implement integrated pest management. Each of the following state agencies or public universities shall implement integrated pest management practices when carrying out duties of the agency or public university related to pest control:

�� (1) State Department of Agriculture.

�� (2) State Department of Fish and Wildlife.

�� (3) Department of Transportation.

�� (4) State Parks and Recreation Department.

�� (5) State Forestry Department.

�� (6) Department of Corrections.

�� (7) Oregon Department of Administrative Services.

�� (8) Department of State Lands.

�� (9) Department of Environmental Quality.

�� (10) Oregon Health Authority.

�� (11) Each public university listed in ORS 352.002, for the public university�s own building and grounds maintenance. [1991 c.943 �3; 2003 c.14 �391; 2011 c.637 �277; 2013 c.289 �5]

�� Note: See note under 634.650.

�� 634.665 Agencies and universities to provide personnel training; appointment of coordinators; duties. (1) Each state agency or public university listed or referred to under ORS

ORS 634.660

634.660 shall provide integrated pest management training for employees responsible for pest management.

�� (2) Each state agency or public university listed or referred to under ORS 634.660 shall designate an integrated pest management coordinator. The integrated pest management coordinator:

�� (a) Must be a state or public university employee;

�� (b) Shall manage the integrated pest management program of the agency or public university; and

�� (c) May serve more than one state agency or public university. [1991 c.943 �4; 2001 c.413 �11; 2013 c.289 �6]

�� Note: See note under 634.650.

�� 634.670 [1991 c.943 �5; repealed by 2001 c.413 �12]

(Schools)

�� 634.700 Definitions for ORS 634.700 to 634.750. As used in ORS 634.700 to 634.750:

�� (1) �Campus� means the buildings, other structures, playgrounds, athletic fields, school gardens and parking lots of a school and any other areas on the school property that are accessed by students on a regular basis.

�� (2) �Governing body� means a board of directors, agency or other body or person having policymaking and general oversight responsibility for a community college district, education service district, school district, other unit of education governance, private school or other educational entity.

�� (3) �Integrated pest management plan� means a proactive strategy that:

�� (a) Focuses on the long-term prevention or suppression of pest problems through economically sound measures that:

�� (A) Protect the health and safety of students, staff and faculty;

�� (B) Protect the integrity of campus buildings and grounds;

�� (C) Maintain a productive learning environment; and

�� (D) Protect local ecosystem health;

�� (b) Focuses on the prevention of pest problems by working to reduce or eliminate conditions of property construction, operation and maintenance that promote or allow for the establishment, feeding, breeding and proliferation of pest populations or other conditions that are conducive to pests or that create harborage for pests;

�� (c) Incorporates the use of sanitation, structural remediation or habitat manipulation or of mechanical, biological and chemical pest control measures that present a reduced risk or have a low impact and, for the purpose of mitigating a declared pest emergency, the application of pesticides that are not low-impact pesticides;

�� (d) Includes regular monitoring and inspections to detect pests, pest damage and unsanctioned pesticide usage;

�� (e) Evaluates the need for pest control by identifying acceptable pest population density levels;

�� (f) Monitors and evaluates the effectiveness of pest control measures;

�� (g) Excludes the application of pesticides on a routine schedule for purely preventive purposes, other than applications of pesticides designed to attract or be consumed by pests;

�� (h) Excludes the application of pesticides for purely aesthetic purposes;

�� (i) Includes school staff education about sanitation, monitoring and inspection and about pest control measures;

�� (j) Gives preference to the use of nonchemical pest control measures;

�� (k) Allows the use of low-impact pesticides if nonchemical pest control measures are ineffective; and

�� (L) Allows the application of a pesticide that is not a low-impact pesticide only to mitigate a declared pest emergency or if the application is by, or at the direction or order of, a public health official.

�� (4) �Low-impact pesticide� means a product that does not contain a pesticide product or active ingredient described in ORS 634.705 (5).

�� (5) �Pest� means:

�� (a) An insect or other arthropod;

�� (b) A weed, moss, slime or mildew or a plant disease caused by a fungus, bacterium or virus;

�� (c) A nematode, snail, slug, rodent or predatory animal;

�� (d) A bacterium, spore, virus, fungus or other microorganism that is harmful to human health; or

�� (e) Other forms of plant or animal life that may infest or be detrimental to vegetation, humans, animals, structures, managed landscapes or other human environments.

�� (6) �Pest emergency� means an urgent need to eliminate or mitigate a pest situation that threatens:

�� (a) The health or safety of students, staff, faculty members or members of the public using the campus; or

�� (b) The structural integrity of campus facilities.

�� (7) �Registration number� means the pesticide registration number assigned by the United States Environmental Protection Agency.

�� (8) �School� means:

�� (a) A federal Head Start program or a provider under the Oregon Prenatal to Kindergarten Program;

�� (b) A public or private educational institution offering education in all or part of kindergarten through grade 12;

�� (c) An education service district as defined in ORS 334.003;

�� (d) A community college as defined in ORS 341.005, for the community college�s own buildings and ground maintenance;

�� (e) The Oregon School for the Deaf; and

�� (f) A regional residential academy operated by the Oregon Youth Authority. [2009 c.501 �2; 2011 c.9 �82; 2013 c.241 �3; 2023 c.547 �28; 2025 c.377 �3]

�� 634.705 Adoption of integrated pest management plan and related provisions; exceptions; publication; low-impact pesticide list. (1)(a) The governing body responsible for a school shall adopt an integrated pest management plan for use on the campuses of the school. The governing body shall also adopt provisions for:

�� (A) Designating an integrated pest management plan coordinator;

�� (B) Identifying plan coordinator responsibilities;

�� (C) Giving notices under ORS 634.740;

�� (D) Retaining pesticide application records under ORS 634.750;

�� (E) Providing a process for responding to inquiries and complaints about noncompliance with the integrated pest management plan; and

�� (F) Conducting outreach to the school community about the school�s integrated pest management plan.

�� (b) Not less than once every five years, the governing body shall review the integrated pest management plan, make any necessary updates and readopt the integrated pest management plan. A final integrated pest management plan must include the day, month and year that the governing body adopted or readopted the plan.

�� (c) A governing body shall make the integrated pest management plan available to the public through the governing body�s website. A governing body may satisfy this paragraph by including the integrated pest management plan with the Healthy and Safe Schools Plan, adopted under ORS 332.331, posted on the governing body�s website.

�� (2) If a governing body has control over only part of a building, a structure or property where a campus is located, the governing body may limit an integrated pest management plan to those parts of the building, structure or property over which the governing body exerts substantial control.

�� (3) A governing body is not required to adopt an integrated pest management plan for off-campus buildings, structures or property, notwithstanding any incidental use for instruction.

�� (4) Unless a governing body expressly provides otherwise, the application of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap at a campus is not subject to the requirements for a pesticide application under an integrated pest management plan. However, this subsection does not permit the application at a campus of a germicide, disinfectant, sanitizer, deodorizer, antimicrobial agent or insecticidal soap that is a pesticide in a manner that is inconsistent with the goal of the integrated pest management plan.

�� (5)(a) A governing body shall adopt a list of low-impact pesticides for use with the integrated pest management plan.

�� (b) A governing body shall make the list of low-impact pesticides available to the public through the governing body�s website. A governing body may satisfy this paragraph by including the list of low-impact pesticides with the Healthy and Safe Schools Plan, adopted under ORS 332.331, posted on the governing body�s website.

�� (c) The list of low-impact pesticides may include any product except products that:

�� (A) Contain a pesticide product or active ingredient that has the signal words �warning� or �danger� on the label;

�� (B) Contain a pesticide product classified as a human carcinogen or probable human carcinogen under the United States Environmental Protection Agency 1986 Guidelines for Carcinogen Risk Assessment; or

�� (C) Contain a pesticide product classified as carcinogenic to humans or likely to be carcinogenic to humans under the United States Environmental Protection Agency 2003 Draft Final Guidelines for Carcinogen Risk Assessment. [2009 c.501 �3; 2025 c.377 �1]

�� Note: Section 2, chapter 377, Oregon Laws 2025, provides:

�� Sec. 2. For integrated pest management plans adopted before the effective date of this 2025 Act [January 1, 2026], a governing body shall review, update and readopt the integrated pest management plan, as required by ORS 634.705 (1)(b), no later than January 1, 2027, or five years from the date of the most recent approval of the plan, whichever is later. [2025 c.377 �2]

�� 634.710 Plan selection. A governing body may adopt, improve or continue any integrated pest management plan that provides protection against pesticide exposure equal to or greater than the protection against pesticide exposure required by ORS 634.700 to

ORS 634.700

634.700, by an employee of the school.

�� (16) Prior to applying pesticides to land described in subsection (12)(a)(C) of this section, a public applicator shall inform the person requesting pesticide application of the possible availability of alternative sources of assistance, including sources in the private sector that are registered with the department or with industry trade or professional organizations.

�� (17) A federal, state or local agency, instrumentality, political subdivision, county, city, town, municipal corporation, irrigation, drainage or other district or other federal, state or local governmental body may not solicit or advertise for pesticide application business in areas outside its jurisdiction.

�� (18) Before issuing any pesticide license or certificate, or the renewal thereof, to an employee of an Indian tribe, to a business entity of an Indian tribe or to an employee of a business entity of an Indian tribe, the department shall enter into a mutually acceptable agreement with the Indian tribe or business entity to enable the department to administer and enforce the provisions of this chapter and rules adopted under this chapter with respect to the Indian tribe or business entity. [1973 c.341 �15; 1975 c.304 �11; 1987 c.317 �1; 1987 c.447 �135; 1993 c.599 �1; 2001 c.307 �2; 2005 c.96 �1; 2007 c.258 �9; 2009 c.501 �10; 2015 c.833 �5; 2023 c.45 �2; 2025 c.310 �3]

�� 634.118 Limited exemption for pesticide application using battery-powered device; records. (1) As used in this section, �campus� and �school� have the meanings given those terms in ORS 634.700.

�� (2) Notwithstanding ORS 634.116 (13) and (15)(b), an employee of the agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, Indian tribes or utilities described in ORS 634.116 (12) is not required to hold a license as a public applicator or a certificate as a public trainee when applying a pesticide using a machine-powered device if:

�� (a) The pesticide is not a restricted-use pesticide;

�� (b) The machine-powered device is powered by an electric battery and holds no more than five gallons of pesticide;

�� (c) The application is not made on the campus of a school; and

�� (d) The employee has completed training as provided in subsection (3) of this section.

�� (3) An employer shall provide training to an employee before the employee uses a machine-powered device for pesticide application as described in subsection (2) of this section. The training must utilize applicable training materials that address the safe:

�� (a) Handling, application and storage of pesticides that are not restricted-use pesticides; and

�� (b) Use of machine-powered devices for pesticide application.

�� (4) An employer shall create and maintain records for each employee that has completed the training described in subsection (3) of this section for the duration of the employee�s employment. The employer shall make the records available to the State Department of Agriculture for inspection upon request.

�� (5) Nothing in this section relieves an employee or employer from complying with any other applicable law or administrative rule pertaining to pesticides. [2025 c.310 �2]

�� Note: 634.118 was added to and made a part of ORS chapter 634 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 634.120 [Repealed by 1953 c.117 �2]

�� 634.122 Applicator license; qualifications; examination; fee. (1) An applicant for a pesticide applicator�s license is entitled to be examined for or to be issued a license or supplements thereto by the State Department of Agriculture, if the applicant:

�� (a) Is at least 18 years of age; and

�� (b) Proves to the satisfaction of the department that the applicant:

�� (A) Has had experience as a pesticide trainee for the minimum period and in the manner prescribed by the department;

�� (B) Has educational qualifications, experience or training which is equal to the minimum standards and requirements established by the department; or

�� (C) Has been licensed in Oregon as a pesticide applicator and actively engaged in such work during the prior license period, as shall be prescribed by the department.

�� (2) An applicant for a pesticide applicator�s license shall be required to demonstrate satisfactorily by written examination or any reexamination given by the department, an adequate knowledge of:

�� (a) The characteristics of pesticides and the effect of their application to particular crops.

�� (b) The practices of application of pesticides.

�� (c) The conditions and times of application of pesticides and the precautions to be taken in connection therewith.

�� (d) The applicable laws and rules relating to pesticides and their application in this state.

�� (e) Integrated pest management techniques, as defined in ORS 634.650, for pest control.

�� (f) Other requirements or procedures which will be of benefit to and protect the pesticide applicator, the persons who use the services of the pesticide applicator and the property of others.

�� (3) Based upon the license application and the request of the applicant, the department may examine the applicant only in any one or more of the classes of pest control or pesticide application businesses established by the department under ORS

ORS 634.750

634.750. [2009 c.501 �9]

�� 634.720 Plan coordinators. (1) The governing body shall provide for the designation of one or more persons as integrated pest management plan coordinators for the governed schools. A plan coordinator must be an employee of the governed district, unit, school or entity, unless the governing body delegates pest management duties to an independent contractor. Each school shall have the services of at least one integrated pest management plan coordinator. A plan coordinator may serve more than one school. The responsibilities of the plan coordinator shall include, but need not be limited to:

�� (a) Giving notice and posting warnings under ORS 634.740;

�� (b) Overseeing pest prevention efforts;

�� (c) Providing for the identification and evaluation of pest situations;

�� (d) Determining the means of appropriately managing pest damage that will cause the least possible hazard to people, property and the environment;

�� (e) Ensuring the proper and lawful performance of pesticide applications;

�� (f) Evaluating pest management results; and

�� (g) Keeping records as required by ORS 634.750.

�� (2) A plan coordinator shall complete not less than six hours of training each year. The training shall include at least a general review of integrated pest management principles and the requirements of ORS 634.700 to 634.750. [2009 c.501 �4]

�� 634.725 Application of low-impact pesticide. If a school has followed the integrated pest management plan and nonchemical pest control measures were ineffective, subject to ORS 634.730 the integrated pest management plan coordinator may authorize the application of a low-impact pesticide. The low-impact pesticide application must be made by a pesticide applicator, a noncommercial pesticide applicator or a public applicator. The use of a pesticide applicator, noncommercial pesticide applicator or public applicator to make an application does not cancel, alter or reassign any of the duties imposed under ORS 634.740 or 634.750. [2009 c.501 �5; 2022 c.53 �10]

�� 634.728 Pesticides used at community colleges for research or instruction. ORS 634.700 to 634.750 do not limit or prohibit the use of pesticides at a community college for purposes of scientific research or academic instruction. [2013 c.241 �2]

�� 634.730 Reentry into sprayed area; exception; declaration of pest emergency. (1) Subject to subsection (2) of this section:

�� (a) If the labeling of a pesticide product specifies a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of that reentry time.

�� (b) If the labeling of a pesticide product does not specify a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of a reentry time that the integrated pest management plan coordinator determines to be appropriate based on the times at which students would normally be expected to be in the area, area ventilation and whether the area will be cleaned before students are present.

�� (2)(a) The application restrictions described in subsection (1) of this section do not apply if the pesticide is applied outdoors by a pesticide applicator, a noncommercial pesticide applicator or a public applicator as a component of academic instruction in agriculture.

�� (b) The application restrictions described in subsection (1)(b) of this section do not apply if the integrated pest management plan coordinator declares a pest emergency under subsection (3) of this section.

�� (3) An integrated pest management plan coordinator, after consultation with school faculty and administration, may declare the existence of a pest emergency. If necessary, a pesticide other than a low-impact pesticide may be used to mitigate a declared pest emergency. If a pesticide is applied at a campus due to a pest emergency, the plan coordinator shall review the integrated pest management plan to determine whether modification of the plan might prevent future pest emergencies. The plan coordinator shall submit any recommendations for modification of the plan to the governing body. The governing body shall review and take formal action on the recommendations. [2009 c.501 �6; 2022 c.53 �11]

�� 634.740 Written notice requirements; warning signs; failure to notify or warn. (1) The governing body responsible for a school shall adopt policies and processes for ensuring that the integrated pest management plan coordinator for the school, or a designee of the coordinator, gives written notice of a proposed pesticide application at the campus to, at a minimum, parents and guardians of minor students, adult students, school administrators, faculty members and staff members. The plan coordinator or designee may give a written notice described in this subsection by any reasonable means, including but not limited to, electronic mail.

�� (2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients.

�� (3) Except as provided in this subsection, the plan coordinator or designee must give a pesticide application notice in a manner reasonably calculated to reach the intended recipient at least 24 hours before the pesticide application occurs. A notice must identify the name, trademark or type of pesticide products, the registration number assigned to each of the pesticide products, the expected area of application, the expected date of application and the reason for the application. If a pest emergency makes it impracticable to give a pesticide application notice at least 24 hours before the pesticide application occurs, the plan coordinator or designee shall send the notice no later than 24 hours after the application occurs.

�� (4) Except as provided in this subsection, if a pesticide is applied at a campus, the plan coordinator or a designee of the coordinator shall place warning signs around pesticide application areas beginning no later than 24 hours before the application occurs and ending no earlier than 72 hours after the application occurs. A warning sign must bear the words �Warning: pesticide-treated area,� give the expected or actual date and time for the application and provide the telephone number of a contact person. If a pest emergency makes it impracticable to place the warning signs at least 24 hours before the pesticide application, the plan coordinator or designee shall place the signs as soon as practicable but no later than at the time the application occurs.

�� (5) Failure to give notice or post warnings as required by this section does not create a cause of action for damages and may not be asserted as the basis for a per se negligence claim. [2009 c.501 �7]

�� 634.750 Pesticide application records. (1) If a pesticide is applied at a campus, the integrated pest management plan coordinator or a designee of the coordinator shall place the labeling information and material data safety sheet for the pesticide on file at a school on the campus. The plan coordinator or designee shall record and make available the following information:

�� (a) The brand name or trademark of the pesticide product;

�� (b) The United States Environmental Protection Agency registration number assigned to the pesticide product;

�� (c) The pest condition that prompted the application;

�� (d) A description of the area on campus where the application occurred;

�� (e) The approximate amount and concentration of pesticide product applied;

�� (f) The type of application and whether the application proved effective;

�� (g) The pesticide applicator, noncommercial pesticide applicator or public applicator license numbers and pesticide trainee, noncommercial pesticide trainee or public trainee certificate numbers of the persons applying the pesticide;

�� (h) The names of the persons applying the pesticide;

�� (i) The dates on which the plan coordinator gave any notices required by ORS 634.740; and

�� (j) The dates and times for the placement and removal of warning signs under ORS 634.740.

�� (2) Pesticide application records must include copies of all notices given under ORS 634.740.

�� (3) A school shall retain pesticide application records required by this section for at least four years following the application date. [2009 c.501 �8; 2022 c.53 �12]

CIVIL PENALTIES

�� 634.900 Penalty for certain violations; amount. (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for violation of any of the provisions of this chapter relating to pesticide application, sale or labeling. The civil penalty for a first violation shall be not more than $2,000. For a subsequent violation, the director may impose a civil penalty of not more than $4,000.

�� (2) Notwithstanding subsection (1) of this section, if the violation of a provision relating to pesticide application, sale or labeling results from gross negligence or willful misconduct, the civil penalty for a first or subsequent violation may not exceed $10,000.

�� (3) A civil penalty may not be imposed under this section for violations other than those involving pesticide application, sale or labeling violation under this chapter.

�� (4) Notwithstanding subsections (1) to (3) of this section, the director may impose a civil penalty on a person for violation of any of the provisions of this chapter related to restricted-use pesticides or for violation of any rule adopted pursuant to this chapter related to restricted-use pesticides. [1989 c.943 �2; 2007 c.592 �1; 2015 c.833 �11; 2021 c.177 �4]

�� 634.905 When penalty payable; notice; hearing. (1) Any civil penalty under ORS 634.900 shall be imposed as provided in ORS

ORS 634.992

634.992�� Criminal penalties

GENERAL PROVISIONS

�� 634.005 Short title; policy statement. The purpose of this chapter, which shall be known as the State Pesticide Control Act and shall be enforced by the State Department of Agriculture, is to regulate in the public interest the formulation, distribution, storage, transportation, application and use of pesticides. Many materials have been discovered or synthesized which are necessary and valuable for the control of insects, plant diseases and weeds. Many more pesticides will be discovered and needed. Such materials, however, may injure health, property, wildlife or environment by being distributed, stored, transported, applied or used in an improper or careless manner. The pesticide industry of this state has achieved and maintained high standards in its formulation and use of pesticides while at the same time experiencing a minimum of injury to persons, property or the environment. Currently updating the law to maintain this achievement and to consider future new pesticides and problems is necessary for the protection of persons, property, wildlife and environment of this state. [Formerly 634.012]

�� 634.006 Definitions. As used in this chapter unless the context requires otherwise:

�� (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]

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

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

�� 634.010 [Repealed by 1953 c.118 �2]

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

�� 634.012 [1973 c.341 �2; renumbered 634.005 in 1995]

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

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

REGISTRATION, LABELING AND USE

�� 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.

�� (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 $550 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 quality management area under ORS

ORS 84.052

84.052 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this state and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application. [2001 c.535 �19]

�� 84.058 Severability clause. If any provision of ORS 84.001 to 84.061 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions of ORS 84.001 to 84.061 that can be given effect without the invalid provision or application, and to this end the provisions of ORS 84.001 to 84.061 are severable. [2001 c.535 �20]

�� 84.061 Federal electronic signatures law partially superseded. ORS 84.001 to 84.061 constitute the adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment by the National Conference of Commissioners on Uniform State Laws in 1999 and supersede the provisions of section 101 of the federal Electronic Signatures in Global and National Commerce Act (P.L. 106-229) in accordance with section 102(a) of the federal Act. [2001 c.535 �21]

�� 84.063 Rules. A governmental agency may adopt rules necessary to implement the provisions of ORS 84.014 and the amendments to ORS 84.049 by section 3, chapter 39, Oregon Laws 2011. [2011 c.39 �4]

MISCELLANEOUS PROVISIONS

�� 84.064 State Chief Information Officer duties; rules. (1) For purposes of ORS 84.049, 84.052 and 84.055, the State Chief Information Officer shall make determinations and adopt standards for state agencies.

�� (2) The State Chief Information Officer shall adopt rules to govern state agency use of electronic signatures. The rules must include control processes and procedures to ensure adequate integrity, security and confidentiality for business transactions that state agencies conduct using electronic commerce and to ensure that the transactions can be audited as is necessary for the normal conduct of business.

�� (3) As used in this section, �state agency� means every state officer and board, commission, department, institution, branch and agency of the state government, the costs of which are paid wholly or in part from funds held in the State Treasury, except the Legislative Assembly, the courts, the district attorney for each county and the officers and committees of the Legislative Assembly, the courts and the district attorney. [2001 c.535 �22; 2003 c.449 �24; 2005 c.118 �2; 2015 c.807 �9; 2023 c.281 ��22,81]

�� 84.067 State Archivist duties. Nothing in ORS 84.049 limits or modifies the powers and duties of the State Archivist under ORS 192.005 to 192.170 and 357.805 to 357.895. [2001 c.535 �23]

�� 84.070 Consumer transactions; treatment of oral communications; consent to use of electronic records. (1) As used in this section:

�� (a) �Consumer� means:

�� (A) An individual who obtains, through a transaction, products or services that are used primarily for personal, family or household purposes; and

�� (B) The legal representative of the individual.

�� (b) �Electronic record,� �information� and �transaction� have the meanings given those terms in ORS 84.004.

�� (2) Notwithstanding ORS 84.001 to 84.061, if a statute, rule or other rule of law requires that information relating to a transaction be provided or made available to a consumer in writing, the use of an electronic record to provide or make available, whichever is required, the information satisfies the requirement that the information be in writing if:

�� (a) The consumer has affirmatively consented to the use of the electronic record and has not withdrawn the consent;

�� (b) The consumer, before consenting, is provided with a clear and conspicuous statement:

�� (A) Informing the consumer of:

�� (i) Any right or option of the consumer to have the record provided or made available on paper or in other nonelectronic form; and

�� (ii) The right of the consumer to withdraw the consent to have the record provided or made available in an electronic form and of any conditions, consequences, which may include termination of the parties� relationship, or fees in the event of the withdrawal of the consent;

�� (B) Informing the consumer of whether the consent applies:

�� (i) Only to the particular transaction that gave rise to the obligation to provide or make available the record; or

�� (ii) To identified categories of records that may be provided or made available during the course of the parties� relationship;

�� (C) Describing the procedures the consumer must use to withdraw consent as provided in subparagraph (A) of this paragraph and to update information needed to contact the consumer electronically; and

�� (D) Informing the consumer:

�� (i) How, after the consent, the consumer may, upon request, obtain a paper copy of an electronic record; and

�� (ii) Whether any fee will be charged for the paper copy of an electronic record;

�� (c) The consumer:

�� (A) Before consenting, is provided with a statement of the hardware and software requirements for access to and retention of the electronic records; and

�� (B) Consents electronically, or confirms the consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent; and

�� (d) After the consent of a consumer in accordance with paragraph (a) of this subsection, if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the record:

�� (A) Provides the consumer with a statement of:

�� (i) The revised hardware and software requirements for access to and retention of the electronic records; and

�� (ii) The consumer�s right to withdraw consent without imposition of any fees for the withdrawal and without the imposition of any condition or consequence that was not disclosed under paragraph (b)(A) of this subsection; and

�� (B) Again complies with paragraph (c) of this subsection.

�� (3)(a) Nothing in ORS 84.001 to 84.061 affects the content or timing of any disclosure or other record required to be provided or made available to any consumer under any statute, rule or other rule of law.

�� (b) If a law enacted before October 1, 2000, expressly requires a record to be provided or made available by a specified method that requires verification or acknowledgment of receipt, the record may be provided or made available electronically only if the method used provides verification or acknowledgment of receipt, whichever is required.

�� (4) The legal effectiveness, validity or enforceability of any contract executed by a consumer may not be denied solely because of the failure to obtain electronic consent or confirmation of consent by that consumer in accordance with subsection (2)(c)(B) of this section.

�� (5) Withdrawal of consent by a consumer may not affect the legal effectiveness, validity or enforceability of electronic records provided or made available to that consumer in accordance with subsection (2) of this section before implementation of the consumer�s withdrawal of consent. A consumer�s withdrawal of consent is effective within a reasonable period of time after the provider of the record receives the withdrawal. Failure to comply with subsection (2)(d) of this section may, at the election of the consumer, be treated as a withdrawal of consent for purposes of this subsection.

�� (6) Except as otherwise provided by law, if an insurer can reliably store and reproduce an oral communication or a recording of an oral communication, the oral communication or the recording qualifies as a notice or document delivered by electronic means for the purposes of this section.

�� (7) Subsections (2) to (6) of this section do not apply to any records that are provided or made available to a consumer who has consented before June 22, 2001, to receive such records in electronic form as permitted by any statute, rule or other rule of law.

�� (8) Notwithstanding ORS 84.001 to 84.061, if a statute, rule or other rule of law requires that a contract or other record relating to a transaction be provided or made available to a consumer in writing, the legal effectiveness, validity or enforceability of an electronic record of the contract or other record may be denied if the electronic record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or persons who are entitled to retain the contract or other record.

�� (9) Subject to the requirements of subsections (2) and (10)(c) of this section, an electronic record that provides or delivers a notice, offer, disclosure, document, form, correspondence, information or other communication required or permitted under the insurance laws of this state, including but not limited to a notice of a cancellation, termination or nonrenewal of insurance, satisfies the requirement that the notice, offer, disclosure, document, form, correspondence, information or other communication be provided or made available to a consumer in writing. If proof of mailing is sufficient proof of notice, confirmation of electronic delivery of a notice in any form is sufficient proof of notice.

�� (10) Nothing in ORS 84.001 to 84.061 authorizes using an electronic record to provide or deliver any notice of:

�� (a) The cancellation or termination of utility services, including water, heat and power;

�� (b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;

�� (c) The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; or

�� (d) Recall of a product, or material failure of a product, that risks endangering health or safety.

�� (11) ORS 84.001 to 84.061 do not apply to any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials. [2001 c.535 �24; 2005 c.106 �1; 2014 c.34 �1]

�� 84.072 Conditions under which public body may send notice by electronic mail. (1) As used in this section:

�� (a) �Agreement� has the meaning given that term in ORS 84.004.

�� (b) �Public body� has the meaning given that term in ORS 174.109.

�� (2) A public body may send to a person by electronic mail a notice that a law of this state requires the public body to send by regular mail if:

�� (a) The law does not expressly prohibit or restrict the use of electronic mail as a means by which to deliver the notice;

�� (b) The person enters into an agreement with the public body in which the person provides the public body with an electronic mail address and affirmatively indicates that the public body may use the electronic mail address as a means for sending to the person a notice required by a law of this state;

�� (c) The public body, before entering into an agreement under paragraph (b) of this subsection, provides the person with a statement that, in a clear and conspicuous manner, informs the person that:

�� (A) The public body will use the electronic mail address the person provides as the means by which the public body sends to the person a notice required by a law of this state; and

�� (B) The person may withdraw the person�s agreement to receive the notice by electronic mail and may instead elect to receive the notice by regular mail; and

�� (d) The person has not withdrawn the agreement the person made under paragraph (b) of this subsection.

�� (3) A public body, in the statement described in subsection (2)(c) of this section and in each notice the public body sends by electronic mail under this section, shall describe a method by which a person who has agreed under subsection (2)(b) of this section to receive a notice by electronic mail may withdraw the person�s agreement.

�� (4) A notice sent in accordance with ORS 84.043 (1) and this section to an electronic mail address a person has provided under subsection (2) of this section is presumed to have been received as provided in ORS 84.043 (2). A person may rebut this presumption only by showing that the notice did not enter an information processing system as provided in ORS 84.043 (2)(a) or that the notice was not in the form described in ORS 84.043 (2)(b).

�� (5)(a) Except as otherwise provided in this section, ORS 84.001 to 84.061 apply to a notice that a public body sends under this section and to an agreement between a public body and a person under this section.

�� (b) For purposes of this section, a notice that a public body sends by electronic mail is an electronic record as defined in ORS 84.004. [2011 c.242 �1]

CHAPTER 85

[Reserved for expansion]

ORS 87.152

87.152 to 87.162 for the storage of fungible chattels shall not sell more of those chattels than is necessary to pay charges due that person for the storage. If a person unnecessarily sells fungible chattels without the consent of the owner thereof, the person shall, for each offense, forfeit to the owner of the chattels a sum equal to the fair market value of the chattels unnecessarily sold and 50 percent of the fair market value in addition as a penalty. The owner shall recover such value and penalty by an action at law. [1975 c.648 �15]

�� 87.214 Disposal of property left with launderer or dry cleaner. Notwithstanding any provision of ORS 87.172 to 87.212:

�� (1) If a garment or article left with a retail launderer or retail dry cleaner for laundering, dry cleaning or other service is not redeemed by the customer within 180 days, the launderer or dry cleaner may, without any liability or responsibility for the article or garment, dispose of the article or garment in any manner suitable to the launderer or dry cleaner.

�� (2) A retail launderer or retail dry cleaner subject to this section shall post a notice describing the provisions of this section in a conspicuous place on the premises of the launderer or dry cleaner. The notice shall contain a citation to this section and shall be substantially the same as the following language: ____________

�� As specified in ORS 87.214, any garment, article, clothing, wearing apparel, leather garment, fur coat or garment, curtain, drapery, rug, carpet or household furnishing delivered to a launderer or dry cleaner for dry cleaning, dyeing, pressing, laundering, altering or other service, that is not picked up within 180 days after the date it was delivered, may be disposed of in any manner suitable to the launderer or dry cleaner.

[1991 c.591 �1]

�� Note: 87.214 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 87 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 87.215 [Repealed by 1975 c.648 �72]

NONPOSSESSORY CHATTEL LIENS

�� 87.216 Nonpossessory lien for labor or material expended on chattel. A person who makes, alters, repairs, transports, stores, provides services for or performs labor on a chattel at the request of the owner of the chattel has a lien on that chattel for the reasonable or agreed charges for the labor or services the person performs and for the materials the person furnishes in connection therewith. [1975 c.648 �16]

�� 87.220 [Repealed by 1975 c.648 �72]

�� 87.222 Logger�s, woodworker�s and timberland owner�s lien. (1) A person who performs labor on or assists in obtaining, handling, manufacturing or transporting timbers or wood products has a lien upon those timbers and those wood products for the reasonable or agreed value for this labor or services, when the labor is performed or services provided at the request of the owner of the timbers or wood products or an agent of the owner.

�� (2) A person who permits another to go on the land of the person and obtain timbers, has a lien upon the timbers, cut for the reasonable or agreed charge for that permission and stumpage.

�� (3) Subject to the limitation in subsection (4) of this section, if a person cuts or hires another to cut timbers on the land of the person and delivers or hires another to deliver the timbers to a purchaser, the person has a lien upon the timbers for the lesser of:

�� (a) The reasonable or agreed value of the timbers; or

�� (b) $125,000.

�� (4) A person described in subsection (3) of this section may not have outstanding at any one time more than one lien arising under subsection (3) of this section. [1975 c.648 �17; 1985 c.444 �1; 1999 c.940 �2]

�� 87.225 [Repealed by 1975 c.648 �72]

�� 87.226 Agricultural services lien. (1) A person who performs labor, supplies materials or provides services on farmland, range, ranch, orchard or in that person�s place of business to aid the growing or harvesting of crops or the raising of animals has a lien upon the crops or animals for the reasonable or agreed charges for labor, materials or services. The lien upon crops or animals created by this section also attaches to the proceeds of the crops or animals and to the unborn progeny of the animals that are in utero on the date a notice of claim of lien is filed.

�� (2) If the lien claimed under subsection (1) of this section is for stud or artificial insemination services, the lien attaches only to the female animal to which the male animal is let or which is artificially inseminated, and the offspring.

�� (3) The lien on crops and the proceeds thereof attaches on the date a person performs labor, delivers materials or provides services to aid the growing or harvesting of crops. The lien on animals and the proceeds thereof attaches on the date a person performs labor, delivers materials or provides services to aid the raising of animals, or in the case of unborn progeny, attaches on the date the claim of lien is filed.

�� (4) As used in this section:

�� (a) �Growing and harvesting� includes tilling, sowing, planting, cultivating, irrigating, pruning, thinning, fertilizing, spraying, dusting, cutting, harvesting, reaping, threshing, gathering, transporting, securing or otherwise performing or furnishing labor, service or materials to aid the production of any agricultural crop.

�� (b) �Materials� includes seed, fertilizer, pesticide, petroleum products and other products used in agricultural practice to aid the growing or harvesting of crops, and any mixtures or preparation for feeding animals, any of the constituent nutrients of an animal ration and any other food for animals.

�� (c) �Performs labor or provides services� includes personal labor and the use of machinery, equipment or animals rendered by the lien claimant or by the agent of the lien claimant, employee or subcontractor.

�� (d) �Raising animals� includes feeding, herding, pasturing, shoeing, artificially inseminating, providing male animals for the breeding of female animals, caring for and managing animals kept or raised for use or profit. [1975 c.648 �18; 1985 c.469 �2; 2001 c.301 �6]

�� 87.228 Effect on agricultural services lien when payment for produce is made prior to filing of lien claim. A lien created by ORS 87.226 ceases to attach to a crop that is agricultural produce as defined in ORS 87.700 and is in the possession of a purchaser, or to the proceeds of the sale of the crop to a third party, if the purchaser pays the agricultural producer in full for the crop and the claim for the lien is not filed under ORS 87.242 prior to the date of that payment. [Formerly 87.740]

�� Note: 87.228 was made a part of 87.700 to 87.736 by legislative action but was not added to or made a part of any other series in ORS chapter 87. See Preface to Oregon Revised Statutes for further explanation.

�� 87.230 [Repealed by 1975 c.648 �72]

�� 87.232 Fishing lien and fish worker�s lien. (1) A person who performs labor in the operation of the chattel used for the purpose of catching fish from, holding them upon or transporting them within the waters of this state has a lien on the fish taken using the chattel during the period for which the lien is claimed for the reasonable or agreed charge for the labor of the person.

�� (2) A person who performs labor in the catching or transporting of fish in this state has a lien on the fish for the reasonable or agreed charges for the labor of the person. [1975 c.648 �19]

�� 87.235 [Repealed by 1975 c.648 �72]

�� 87.236 Attachment of liens; attachment to proceeds. (1) The liens created by ORS 87.216 to 87.232 attach to the chattels described in those sections.

�� (2) The liens created by ORS 87.222 and 87.232 shall also attach to the proceeds of the sale of the chattels subject to those liens if:

�� (a) Prior to the filing of the notice of claim of lien, the chattels or any part thereof are sold or delivered to an agent, broker, cooperative agency or other person to be sold or otherwise disposed of; and

�� (b) At the time the purchaser, agent, broker, cooperative agency or other person is notified of the filing of the claim of lien by delivery of a true copy thereof, the proceeds that were received or will be received from the sale or other disposal of the chattels have not been delivered to the owner of the chattels.

�� (3) When a lien created by ORS 87.222 to 87.232 attaches to the proceeds of the sale of chattels under subsection (2) of this section, a purchaser, agent, broker, cooperative agency or other person shall not deliver the proceeds or that portion of the proceeds equal to the amount of the lien claim to the owner until:

�� (a) The time specified by ORS 87.266 during which a suit to foreclose the lien must be commenced elapses;

�� (b) A court orders the delivery of the proceeds; or

�� (c) A certificate is recorded under ORS 87.346 declaring that the claim of lien is discharged. [1975 c.648 �20; 1981 c.674 �1; 1985 c.469 �3]

�� 87.240 [Repealed by 1975 c.648 �72]

�� 87.242 Filing notice of claim of lien; filing deadline; contents of notice; effect of failure to file notice. (1) A person claiming a lien created by ORS 87.216, 87.222 or 87.232 shall file a written notice of claim of lien with the recording officer of the county in which the lien debtor resides, or, if the lien debtor is a business, the county in which the lien debtor has its principal place of business, not later than 60 days after the close of the furnishing of the labor, services or materials. A person claiming a lien created by ORS 87.226 shall file a written notice of claim of lien with the Secretary of State not later than 75 days after the close of the furnishing of the labor, services or materials. A person claiming a lien created by ORS 87.705 shall file a written notice of claim of lien with the Secretary of State not later than 45 days after the close of the furnishing of the labor, services or materials. A person claiming a lien created by ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)