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).