Section 634.306 - General duties and powers of department; rules In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may adopt rules to carry out the purposes and intent of this chapter, including but not limited to rules that:
(1) Establish and maintain a program required for an individual to work or engage in the application or other use of pesticides as a pesticide trainee or noncommercial pesticide trainee. In this regard, the department may take into consideration: (a) Requirements for submission of applications by pesticide trainees or noncommercial pesticide trainees.(b) Minimum and maximum periods of work or experience required for pesticide trainees or noncommercial pesticide trainees.(c) Work performance records or reports to be maintained by pesticide trainees, noncommercial pesticide trainees or their employers.(d) Acceptance of educational qualifications, applicable work or experience in similar or other fields in lieu of, or as a part of, periods of employment or work by pesticide trainees or noncommercial pesticide trainees.(e) Forms and types of pesticide trainee certificates or noncommercial pesticide trainee certificates to be issued by the department, authorizing trainees to apply pesticides in all or part of the classes of operations or businesses set forth in subsection (2) of this section.(f) Laws and requirements relating to other professional, trade or industry trainee or apprenticeship programs in this or other states.(g) Special requirements if the pesticide trainee or noncommercial pesticide trainee is to assist a pesticide applicator or noncommercial pesticide applicator in the spraying or other application of pesticides by aircraft, and the advisability of allowing participation in federal flight training programs to be substituted, all or in part, for training requirements under this chapter.(2) Establish and maintain classifications of the various pesticides and of the various pest control or pesticide application businesses in order to facilitate the licensing or certification and regulation of pesticide consultants, operators, applicators, noncommercial applicators, private applicators and trainees. In this regard the department may take into consideration: (a) Various types, formulations and characteristics of pesticides used and their purposes.(b) Various methods of application of the pesticides.(c) Precautions required for safe and effective application of the pesticides.(3) Designate pesticides authorized to be used or applied, or prohibited from use or application, by persons in order to qualify for an exemption under ORS 634.106.(4) Establish and maintain classifications of pesticides and devices that are deemed to be highly toxic or restricted-use pesticides or devices. In this regard, the department shall take into consideration:(a) Laws and regulations of the federal government, including the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended, and the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973.(b) Laws and regulations of other states.(c) Advice and counsel of experts in pesticides from industry, universities and colleges and other governmental agencies or bodies.(5) Establish and maintain types of pesticide consultant, applicator or noncommercial applicator examinations and reexaminations, schedules for required reexaminations and other measures deemed necessary for fair and reasonable testing of applicants as provided in ORS 634.122 (5) and 634.124 (5).(6) Designate the conditions under which pesticide operators that are or that employ pesticide applicators to spray or otherwise apply pesticides by aircraft may reduce, suspend or terminate the liability insurance required by ORS 634.116, and the periods of time for a reduction, suspension or termination. In this regard, the department may take into consideration: (a) Changes in climate or seasons.(b) Periods when certain crops are or have been harvested.(c) Restricted or limited use of various types or classes of pesticides.(d) Possibilities of injury or death to humans and loss or damage to real or personal property.(7) Establish the conditions and amounts allowed for deductible classes in the liability insurance required by ORS 634.116.(8) Establish and maintain programs of instruction or educational courses for pesticide consultants, operators, applicators, noncommercial applicators and private applicators in cooperation with Oregon State University or others, wherein, as far as is practicable, provisions are made so as to allow the pesticide operators and applicators to participate only in the instruction or courses directly or indirectly related to their particular activities. Attendance of licensees may be required.(9) Prepare and distribute a manual, or other form of publication, containing information helpful and beneficial to individuals engaged in pesticide application or use or to persons preparing to qualify for licensing as a pesticide operator, consultant, applicator or noncommercial applicator and establish charges therefor.(10) Establish, from time to time, advisory groups or committees to assist the department in formulation of policies, plans or regulations under this chapter. Each member of any such group or committee so established shall be entitled to compensation and expenses as provided in ORS 292.495, to be charged to the department.(11) Establish registration fees for pesticide brands and formulae or formulations under those pesticide brands.(12) Establish restrictions or prohibitions as to the form of pesticides allowed to be mixed, applied or added to fertilizers, seed or grains.(13) Establish restrictions, methods and procedures in the storage, transportation, use or application of restricted-use pesticides or highly toxic pesticides in order to protect humans, pollinating insects, bees, animals, crops, wildlife, land or environment.(14) Establish and maintain a system for certification of private applicators. In this regard, the department shall take into consideration:(a) Laws and regulations of the federal government, including the provisions of the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973, and the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended thereby, and regulations thereunder.(b) Minimum periods of experience required and types of experience, education or work acceptable.(c) Forms and types of private applicator certificates to be issued by the department, authorizing private applicators to apply pesticides in all or part of the classifications of pesticides set forth in subsection (4) of this section.Amended by 2022 Ch. 53, § 8, eff. 6/3/2022.Amended by 2021 Ch. 177, § 2, eff. 1/1/2022.Amended by 2019 Ch. 13, § 57, eff. 1/1/2020.Amended by 2017 Ch. 17, § 46, eff. 1/1/2018.Amended by 2015 Ch. 833, § 7, eff. 8/12/2015, op. 1/1/2016.1973 c.341 §32; 1999 c.1059 §13