(1) Except as provided in subsection (2) of this section, in addition to any other limitation on a restricted use pesticide under this chapter, on and after September 27, 1987:

Terms Used In Oregon Statutes 634.515

  • 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

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • 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

(a) A low-leaching tributyltin antifouling paint or coating may be sold in Oregon only by a pesticide dealer licensed under ORS § 634.112.

(b) A pesticide dealer licensed under ORS § 634.112 may sell low-leaching tributyltin antifouling paint or coating only to a person who certifies in writing that the paint or coating is to be used for one of the uses allowed under ORS § 634.510.

(2) Notwithstanding any provision of this chapter or any rule adopted thereunder, a pesticide dealer may sell low-leaching tributyltin antifouling paint or coating to any person, whether or not the person is a licensed applicator. [1987 c.207 § 5]