ORS 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 (When food deemed adulterated) (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 616.235 (When food deemed adulterated) (1)(a), provided such pesticide chemical or the use of such pesticide chemical is in compliance with the law and regulations promulgated thereunder.

(3)

In a fertilizer, agricultural minerals, agricultural amendment or lime mix in which a pesticide is contained, all applicable provisions of this chapter must be complied with. In lieu of the requirements of ORS 634.026 (Pesticide labeling requirements) (1)(c), the label or invoice on a certain mix may show the name and amount of the actual pesticide, together with the total amount of the entire mixture, including the amount of actual pesticide, to be applied to each acre. [1973 c.341 §13; 1979 c.29 §2; 1995 c.79 §325]

Source: Section 634.042 — Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix, https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html.

634.005
Short title 634.006
Definitions 634.016
Registration of pesticides and application devices 634.022
Exemption from registration for experimental pesticides 634.026
Pesticide labeling requirements 634.032
When pesticide is misbranded 634.036
When pesticide is adulterated 634.042
Unsafe use of certain pesticides on raw agricultural commodities 634.045
Avoidance of adverse effects on pollinating insects 634.048
Website information regarding pesticides 634.055
Legislative findings 634.057
State preemption of local pesticide regulation 634.060
Actions allowed by city, town, county or other political subdivision 634.063
Exceptions to state preemption of pesticide regulation 634.065
Department consideration of concerns raised by city, town, county or political subdivision 634.106
Applicability of ORS 634.112 to 634.126 and 634.146 634.112
Renewal of licenses or certificates 634.116
Pesticide operator license 634.122
Applicator license 634.126
Trainee certificate 634.128
Aerial pesticide applicator certificate 634.132
Consultant license 634.136
Dealer license 634.142
Private applicator certificate 634.146
Records required of operators 634.148
Retesting following violation 634.172
Procedure for making liability claim against landowner or pesticide operator 634.206
Continuation of protected and restricted areas created by former law 634.212
Formation of protected areas 634.216
Protected area as governmental subdivision upon completion of required filings 634.222
Determination of lawful establishment of protected area in actions or proceedings 634.226
Protected area governing committee 634.232
Restricted area formation 634.236
Increasing or decreasing size of protected area 634.242
Taxing power of area committee 634.306
General duties and powers of department 634.312
Department to develop programs for solution of pesticide and synthetic chemical problems 634.316
List of highly toxic and restricted-use pesticides 634.322
Enforcement powers of department 634.326
Use of moneys received by department 634.372
Prohibited acts 634.375
Sanctions for failure to pay civil penalty 634.410
Study of effects of thiram on health and safety 634.415
Rules to insure adequate precautionary measures in use of thiram in reforestation 634.420
Limit on use of thiram 634.425
Construction of ORS 634.410 to 634.425 634.500
Definitions for ORS 634.500 to 634.520 634.505
Prohibition against sale of compound that releases certain substances in water 634.510
Conditions for sale 634.515
Sale by pesticide dealer 634.520
Report of sales to department 634.550
Center governing board 634.555
Pesticide incident telephone line 634.557
Biennial reporting of telephone line operations 634.600
Committee members 634.650
Definitions for ORS 634.650 to 634.665 634.653
Appointment of State Integrated Pest Management Coordinator 634.655
Policy 634.657
Integrated Pest Management Coordinating Committee 634.660
Agencies and universities required to implement integrated pest management 634.665
Agencies and universities to provide personnel training 634.700
Definitions for ORS 634.700 to 634.750 634.705
Adoption of integrated pest management plan and related provisions 634.710
Plan selection 634.720
Plan coordinators 634.725
Application of low-impact pesticide 634.728
Pesticides used at community colleges for research or instruction 634.730
Reentry into sprayed area 634.740
Written notice requirements 634.750
Pesticide application records 634.900
Penalty for certain violations 634.905
When penalty payable 634.910
Reduction of penalty 634.915
Schedule for penalty amounts 634.925
Disposition of penalties collected 634.992
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 634.042’s source at oregon​.gov