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Landscaper Exemption Proposed Administrative Rule Comment Period Extended

08/12/2011
Landscaper Exemption Proposed Administrative Rule Comment Period Extended

The Oregon Department of Agriculture has extended the comment period for proposed administrative rules 603-057-0110 and 603-057-0220 to Friday, August 26th. Comments must be received by 5:00 pm to be considered. Send comments by email to sgooch@oda.state.or.us or by mail to: Sue Gooch, Oregon Department of Agriculture, 635 Capitol St NE, Salem, OR 97301.

Rule summary:

These administrative rules develop criteria to exempt persons from pesticide licensing for specified applications made in residential landscapes.

This rule implements the licensing exemption described in ORS 634.106(5). It limits the persons that qualify for the exemption by designating pesticides that are authorized to be used or applied in specified circumstances, and by designating pesticides that are prohibited from use or application. Clarifying the criteria as to who qualifies for an exemption from pesticide licensing and under what conditions, has been a goal of the department for many years. Uncertainty in statute interpretation has resulted in an "uneven playing field" for the companies competing for common business. This section of the statute has also presented challenges in enforcement without further clarification provided in administrative rule.

For the consumer, being able to hire either a licensed pesticide applicator or a person who qualifies for the exemption from pesticide licensing allows them a choice ofthe person they could hire to conduct such business on their property. A person who will be exempt from licensing is limited in the types of pesticides they may apply and limited to the type of property they may make pesticide applications. Persons exempt from pesticide licensing are not required to demonstrate a minimum level of competency related to pesticide application activities nor meet continuing education/recertification requirements as required of persons subject to pesticide licensing requirements.
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