OAR 603-057-0500
Definitions

In addition to the definitions set forth in ORS 634.006 (Definitions) and OAR 603-057-0001 (Definitions), the following shall apply:

(1)

“Director” means the Director of the Department of Agriculture or the Director’s authorized deputies or officers.

(2)

“Enforcement” means any documented action taken by the Department to address a violation.

(3)

“Flagrant” means any violation where the Department has documented evidence that the respondent had actual knowledge of the law and knowingly committed the violation.

(4)

“Gravity of Effect” is the ranking of a violation with respect to its effect, or potential effect, on the public interests reflected in ORS 634. A violation is ranked as high, medium, or low.

(5)

“Gross negligence” means an act or omission that does not reflect an exercise of reasonable care under the circumstances and that is characterized by conscious indifference to or reckless disregard of any purpose of the State Pesticide Control Act.

(6)

“Injury” includes, but is not limited to, adulteration.

(7)

“Intentionally” means the person acts, or fails to act, with a deliberate or an express purpose. For instance, a person acts intentionally when the person either consciously chooses not to determine whether a pesticide label authorizes use of a pesticide on a particular crop, or when the person knows that a pesticide label does not authorize use of the pesticide on a particular crop but still chooses to apply the pesticide to the crop.

(8)

“Knowingly” means the person acts, or fails to act, with a practical understanding of, or a distinct skill in, the general activity that was obtained through such means as instruction, study, practice, or experience.

(9)

“Magnitude of Violation” is the categorization of a violation in relation to other types of violations after considering its potential to affect the public interests reflected in ORS 634. A violation is categorized as major, moderate, or minor.

(10)

“Person” includes individuals, corporations, associations, firms, joint stock companies, public and municipal corporations, political subdivisions of the state and any agencies thereof, and the Federal Government and any agency thereof.

(11)

“Violation” is an act or omission that does not comply with a provision of ORS 634 that relates to pesticide application, sale, or labeling.

(12)

“Willfully” means the person acted, or failed to act, after calculating and considering the potential effects and consequences.

(13)

“Willful misconduct” means an act or omission that is characterized by or resulting from calculation and consideration of effects and consequences, and with awareness that the act or omission will be incompatible with any purpose of the State Pesticide Control Act.

(14)

“School” has the meaning defined in ORS 634.700 (Definitions for ORS 634.700 to 634.750)

Source: Rule 603-057-0500 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-057-0500.

603‑057‑0001
Definitions 603‑057‑0006
Pesticide Registration Fees 603‑057‑0100
License Fees 603‑057‑0102
Pesticide Operator Financial Responsibility 603‑057‑0106
Immediately Supervised Pesticide Trainee 603‑057‑0108
Aerial Applications Generally 603‑057‑0110
Pesticide Operator, Applicator, and Trainee Categories 603‑057‑0115
Pesticide Operator, Applicator, and Trainee Subcategories 603‑057‑0120
General Standards of Pesticide Applicator Competence 603‑057‑0125
Special Standards of Pesticide Applicator Competence 603‑057‑0127
Pesticide Apprentice Standards of Competence 603‑057‑0130
Applicator’s Records and Reports 603‑057‑0135
Private Applicator Standards of Competence 603‑057‑0140
Pesticide Dealer Records 603‑057‑0145
Pesticide Consultant Standards of Competence 603‑057‑0150
Alternative Requirements for Competence of Pesticide Applicator or Consultant License Renewal 603‑057‑0160
Pesticide Use for Experimental or Research Purposes 603‑057‑0180
Pesticide License Equivalency Provision 603‑057‑0200
Limitations on Restricted Use Pesticides 603‑057‑0205
Listing of Restricted Use Pesticides 603‑057‑0216
Pesticide Residue Tolerances in Foods 603‑057‑0301
2,4-D 603‑057‑0305
Areas Affected 603‑057‑0310
Time Period 603‑057‑0315
Prohibited Acts 603‑057‑0320
Permits and Applications 603‑057‑0325
Sodium Cyanide and M-44 Device 603‑057‑0335
Sodium Cyanide and M-44 Device 603‑057‑0350
Sodium Cyanide and the M-44 Device 603‑057‑0355
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar 603‑057‑0360
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar 603‑057‑0365
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar 603‑057‑0375
Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar 603‑057‑0376
Microencapsulated Methyl Parathion 603‑057‑0378
Limitations on Pesticide Products Containing Clopyralid 603‑057‑0384
Persistent, Bioaccumulative, and Toxic (PBT) Polutants 603‑057‑0388
Prohibits the Application of Four Neonicotinoid Insecticides 603‑057‑0392
Limitations on Pesticide Products Containing Aminocyclopyrachlor 603‑057‑0405
General Requirements 603‑057‑0410
Pesticide Users Required to Report 603‑057‑0411
Pesticide User Information 603‑057‑0412
Pesticide Product Identification 603‑057‑0413
Description of the Type of Site Where the Pesticide Was Used 603‑057‑0414
Description of the Purpose of Pesticide Use 603‑057‑0415
Location of Pesticide Use 603‑057‑0416
Reports of Pesticide Use for Research 603‑057‑0417
Access to Reported Information 603‑057‑0418
Requests for Pesticide Use Information 603‑057‑0420
Civil Penalty Determination for Failure to Comply with Confidentiality Agreement 603‑057‑0425
Household Pesticide Use Information 603‑057‑0500
Definitions 603‑057‑0502
Civil Penalties Generally 603‑057‑0505
Consolidation of Proceedings 603‑057‑0510
Notice of Violation, Notice of Assessment of Civil Penalties, and Notice of Contested Case Rights and Procedures 603‑057‑0520
Entry of Order and Appeal Rights 603‑057‑0525
Civil Penalties 603‑057‑0529
Civil Penalty For A Violation Occurring Before June 25, 2007 603‑057‑0530
Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct Between June 25, 2007 and December 31, 2015 603‑057‑0531
Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct on or after January 1, 2016 603‑057‑0532
Civil Penalty For A Violation Resulting From Gross Negligence or Willful Misconduct And On Or After June 25, 2007 603‑057‑0535
Pesticide Use on Crops Grown for Seed Production 603‑057‑0545
Limitations on Pesticide Products Containing Chlorphyrifos
Last Updated

Jun. 8, 2021

Rule 603-057-0500’s source at or​.us