Oregon Statutes 634.372 – Prohibited acts
A person may not:
Terms Used In Oregon Statutes 634.372
- 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
- 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. See Oregon Statutes 634.006
- Highly toxic: means a pesticide or device determined by the department to be capable of causing severe injury, disease or death to human beings. See Oregon Statutes 634.006
- 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. 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 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. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
- 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
- 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. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
- 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. See Oregon Statutes 634.006
- Restricted area: means an area established under the provisions of this chapter to restrict, but not prohibit, the application of pesticides. See Oregon Statutes 634.006
- Trainee: means a pesticide trainee, public trainee or noncommercial pesticide trainee. See Oregon Statutes 634.006
(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 § 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]