(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 § 634.026, except that they need not be labeled with directions for use or the professed standard of quality.

Terms Used In Oregon Statutes 634.022

  • Department: means the State Department of Agriculture. See Oregon Statutes 634.006
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Professed standard of quality: means a plain and true statement of the name and percentage of each active ingredient and the total percentage of all inert ingredients contained in any pesticide. See Oregon Statutes 634.006

(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]