Regulatory Issues

Fertilizer violations and penalties

From July-September 2014
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ORS 633 key

633.366 Prohibitions; mislabeled products; adulterated products. 
(1) A person may not:
      (a) Distribute mislabeled products;
      (b) Register or attempt to register any product using fraudulent or deceptive practices to evade or attempt to evade the requirements of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479;
      (c) Distribute adulterated products;
      (d) Fail, refuse or neglect to deliver to a user or purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral or lime product a printed label that complies with ORS 633.321 to 633.341;
      (e) Distribute a fertilizer, agricultural amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362;
      (f) Fail, refuse or neglect to keep or maintain records as required under ORS 633.461, 633.471 and 633.476 or refuse to make the records available under ORS 633.385 upon request by the department;
      (g) Make false or fraudulent applications, records, invoices or reports;
      (h) Fail, refuse or neglect to provide notification to the department as required by ORS 633.318 (5) or 633.362 (8);
      (i) Fail, refuse or neglect to obtain a manufacturer-bulk distributor license required under ORS 633.318;
      (j) Distribute, use or remove any product subjected to a stop sale, use or removal order until the product has been released in accordance with ORS 633.445;
      (k) Impede, obstruct, hinder or otherwise prevent or attempt to prevent the department from the performance of department duties under ORS 633.311 to 633.479;
      (L) Knowingly or intentionally make any false or misleading representations in connection with the distribution of fertilizer, agricultural amendment, agricultural mineral or lime products;
      (m) Fail, refuse or neglect to file a semiannual tonnage report with the department as required under ORS 633.461 or 633.471; or
      (n) Fail, refuse or neglect to pay inspection fees required under ORS 633.461.
      (2) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered mislabeled if the label or labeling:
      (a) Is false, misleading or deceptive;
      (b) Does not accurately reflect the composition of the product;
      (c) Requires warning statements or directions for use that may be necessary to protect humans, animals, water, aquatic life, soil or beneficial plant life and the warning statements or directions are not adequately stated on the label; or
      (d) Does not comply with the requirements of ORS 633.321 to 633.341.
      (3) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered adulterated if the product:
      (a) Contains any deleterious or harmful ingredient in an amount that is injurious to humans, animals, water, aquatic life, soil or beneficial plant life when used in accordance with instructions for product use on the label;
      (b) Differs in composition from the composition claimed on the label;
      (c) Differs in composition from the composition claimed in the information provided in accordance with ORS 633.362; or
      (d) Contains unwanted crop seed or weed seed. [2001 c.914 §16; 2009 c.97 §9]

Pesticide violations and penalties 

From July-September 2014​

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ORS 634 key

634.372 Prohibited acts. A person may not: 
      (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 or 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 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, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicator’s 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, work or engage in the application of any class of pesticides without first obtaining and maintaining a pesticide trainee’s certificate and is otherwise 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). 
      (23) Fail to comply with any provision or requirement of sections 2 to 9, chapter 1059, Oregon Laws 1999, or rules adopted thereunder. [1973 c.341 §34; 1987 c.158 §121; 1995 c.360 §2; 1999 c.1059 §14; 2001 c.307 §3] ​
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