Oregon Statutes 634.124 – Noncommercial pesticide applicator license; fee; rules
(1) An applicant for a noncommercial pesticide applicator license must:
Terms Used In Oregon Statutes 634.124
- applicator: means an individual who:
(a)(A) Is using, spraying or applying restricted-use or highly toxic pesticides; or
(B) Is spraying or applying pesticides for others;
(b) Is authorized to work for and is employed by a pesticide operator; and
(c) Is in direct charge of or supervises the spraying or other use of pesticides or operates, uses, drives or physically directs propulsion of equipment, apparatus or machinery during the spraying or other application of pesticides, either on the ground or, if certified under ORS § 634. See Oregon Statutes 634.006
- 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
- Pesticide operator: means a person who owns or operates a business engaged in the application of pesticides upon the land or property of another. See Oregon Statutes 634.006
(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]
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.