Fertilizer violations and penalties
From October-December 2014
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
(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:
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
(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
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
(11) Act as, or purport to be, a pesticide dealer or
advertise as such without first obtaining and maintaining a pesticide
(12) Act as, or purport to be, a pesticide
consultant without first obtaining and maintaining a pesticide
(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
(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
(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]