Permanent rules to implement new pesticide license type and enforcement authority (implement HB 4062 and 2031)
ODA adopted permanent rules to implement House Bill 4062 (2022) and House Bill (2021). HB 4062 created a new "noncommercial" applicator license type, while HB 2031 granted ODA new authority related to Restricted Use Pesticides (RUP). These permanent rules are effective November 17, 2023.
Proposed Rulemaking to Implement HB 4062 and HB 2031
On October 2, 2023, the Oregon Department of Agriculture (ODA) proposed new and amended rules to implement HB 4062 (2022) and HB 2031 (2021). HB 4062 created the new “noncommercial” applicator license types and HB 2031 granted new authority to ODA related to Restricted Use Pesticides. Additional information is available below:
HB 4062 and HB 2031 implementation workgroup
The Oregon Department of Agriculture’s (ODA) workgroup advised the Department on the implementation of HB 4062 (2022), which created two new “noncommercial” license types, and HB 2031 (2021), which was required to maintain compliance with recent changes in federal regulations. The goal for this committee was to explore implementation strategies, consistent with federal and state law, that reduce the complexity and burden of pesticide licensing requirements without reducing existing protections for humans and the environment.
Members of the workgroup included leaders and experts from a wide cross section of interests and expertise, including industry, agriculture, and environmental justice groups.
Pesticide registration fee rulemaking
On July 29, 2022, the Oregon Department of Agriculture (ODA) filed a proposal to amend language in Oregon Administrative Rule (OAR) 603-057-0006. The proposal amended the rule by increasing the annual nonrefundable registration fee for each pesticide and each formula or formulation to $360.00, beginning the 2023 calendar year. This rule also proposed to make the fee nonrefundable.
ODA held a virtual public hearing August 17, and public comments were accepted from 8 a.m. August 17 until 5 p.m. August 31, 2022, Pacific Time Zone. Comments were reviewed and considered.
Update: The final permanent rule has been filed and is effective September 21, 2022. The language reads:
603-057-0006
Pesticide Registration Fees
(1) The annual registration fee for each pesticide product for calendar year 2022 shall be $320.
(2) Beginning for calendar year 2023 pesticide product registration, the annual nonrefundable registration fee for each pesticide product shall be $360.
Alert! EPA revoked chlorpyrifos tolerances on 2/28/22
EPA issued a final rule revoking all tolerances for the insecticide chlorpyrifos on Feb. 28, 2022. Lorsban or Dursban are some of the most common trade names for products containing chlorpyrifos.
EPA’s federal actions supersede ODA’s rule regarding use on food or feed crops.
Bottomline: Do not use chlorpyrifos on any food or feed crops after Feb. 27, 2022.
Alert! All Lorsban Advanced SLNs cancelled on 10/31/23
On October 31, 2023, all remaining Lorsban Advanced Special Local Need (SLN) registrations were voluntarily cancelled by Corteva Agriscience LLC (formerly Dow AgroSciences LLC). The federal registration for Lorsban Advanced was voluntarily cancelled with EPA on May 4, 2023. Therefore, these SLN registrations can no longer be maintained.
All Lorsban Advanced SLNs were non-food/non-feed uses, so they were not affected by EPA’s tolerance revocation in February 2023. However, since these SLNs are now cancelled, Lorsban Advanced may not be used under any Oregon SLN label after October 31, 2023. A list of the cancelled SLNs is provided in ODA’s cancellation letter to EPA, attached below. For more information on how to dispose of chlorpyrifos-containing products, please see the attached return policy from Corteva Agriscience, LLC, or please visit ODA’s Pesticide Stewardship page for more information on our waste pesticide collection events.