Section 634.146 – Records required of operators; retention period; report to owner of treated field crops.
(1) Pesticide operators shall prepare and maintain records on forms approved by the State Department of Agriculture. Such records shall include: (a) The name of the person for whom the pesticide was applied. (b) The approximate location of the land or property on which the pesticide was applied. (c) The date and approximate time of […]
Section 634.148 – Retesting following violation.
If an individual holding a license, certificate or other authorization issued under this chapter commits or has responsibility for a violation of this chapter related to the spraying or other application of a pesticide, or for a violation of a State Department of Agriculture rule related to those applications, and the department in its discretion […]
Section 634.172 – Procedure for making liability claim against landowner or pesticide operator; investigation of report of loss; claim procedure not waiver of governmental immunity.
(1) No action against a landowner, person for whom the pesticide was applied or pesticide operator arising out of the use or application of any pesticide shall be commenced unless, within 60 days from the occurrence of the loss, within 60 days from the date the loss is discovered, or, if the loss is alleged […]
Section 634.206 – Continuation of protected and restricted areas created by former law.
There hereby is created a protected area or restricted area territorially identical respectively with each protected area or restricted area existing as of October 5, 1973, or a restricted area established pursuant to ORS 573.537 and in effect June 1, 1973, if such existing protected area or restricted area was established or succeeded pursuant to […]
Section 634.212 – Formation of protected areas; petition; filing fee; guidelines for determinations by director.
(1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within the territory proposed to be a protected area, the State Department of Agriculture may establish a protected area, in accordance with the provisions of ORS 561.510 to 561.590 governing the procedures for […]
Section 634.216 – Protected area as governmental subdivision upon completion of required filings.
If the Director of Agriculture declares a protected area under ORS 634.212, the copy of the rule or order that the director files with the Secretary of State must be accompanied by a map of a scale of at least one inch per mile. The Secretary of State shall maintain a copy of the rule […]
Section 634.222 – Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence.
In any suit, action or proceeding involving the validity or enforcement of any proceeding or action of a protected area, the protected area shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the filing of an order as required by ORS 634.216. A copy of such […]
Section 634.226 – Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority.
(1) A protected area, established pursuant to the provisions of this chapter, shall be governed and administered by an area committee consisting of five members. The term of office of each member, except as provided in paragraphs (b) and (c) of this subsection, shall be three years. Such area committee shall be established in accordance […]
Section 634.232 – Restricted area formation; matters to be considered; additional area committee member.
(1) At any time after the establishment of a protected area, the State Department of Agriculture at the request of the area committee of such protected area, may establish a restricted area in accordance with the provisions of ORS 561.510 to 561.590 governing the procedures for the declaration of quarantines. (2) The request, referred to […]
Section 634.236 – Increasing or decreasing size of protected area; consolidation of areas.
(1) Upon receiving a petition of any 25 or more landowners, representing at least 70 percent of the acres of land, situated within a protected area, the State Department of Agriculture may include additional adjacent territory in a protected area or withdraw territory from a protected area. The procedures to be followed by the department […]