Or. Admin. Code § 603-057-0110 - Pesticide Operator, Applicator, and Trainee Categories
In accordance with subsection (2) of ORS 634.306, the following categories of pesticide operators, pesticide applicators, pesticide trainees, public applicators, and public trainees are established with licenses (or certificates) to be issued for such categories, or any specific subcategories established by OAR 603-057-0115:
(1)
Agricultural Pest Control: This shall include pesticide operators, pesticide
applicators, pesticide trainees, public applicators, and public trainees who
use or supervise the use of pesticides in the production of agricultural crops
and livestock (including Christmas tree plantations and commercial nurseries),
or on agricultural lands, grasslands, or non-crop agricultural lands.
(2) Aquatic Pest Control: This shall include
pesticide operators, pesticide applicators, pesticide trainees, public
applicators, and public trainees who use or supervise the use of pesticides in
treating standing or running water.
(3) Demonstration and Research: This shall
include pesticide operators, pesticide applicators, pesticide trainees, public
applicators and public trainees who use or supervise the use of pesticides, or
of any substance or mixture of substances that is being evaluated for use as a
pesticide, for experiments or research such as for gathering data to satisfy
registration requirements of the United States Environmental Protection Agency
or of the department. The exemption provided manufacturers under subsection (1)
of ORS 634.106 only applies to
laboratory research. The uses included in this category must be:
(a) Authorized by an experimental use permit
issued by the United States Environmental Protection Agency;
(b) Authorized by an experimental use permit
issued by the department as provided in OAR 603-057-0160; or
(c) By a federal or state agency that is
exempt from obtaining an experimental use permit as provided in OAR
603-057-0160(2)(b).
(4)
Forest Pest Control: This shall include pesticide operators, pesticide
applicators, pesticide trainees, public applicators, and public trainees who
use or supervise the use of pesticides in the production of forest crops, or on
forestry lands (not including Christmas tree plantations or commercial
nurseries).
(5) Industrial,
Institutional, Health, and Structural Pest Control: This shall include
pesticide operators, pesticide applicators, pesticide trainees, public
applicators, and public trainees who use or supervise the use of pesticides in,
on, or around food handling establishments, human dwellings, institutions
(i.e., schools, hospitals, etc.), industrial establishments (including
warehouses and grain elevators), and any other structures or areas utilized for
the storing, processing, or manufacturing of products.
(6) Marine Fouling Organism Control: This
shall include pesticide operators, pesticide applicators, pesticide trainees,
public applicators, and public trainees who use or supervise the use of marine
antifouling paint or coating on boat or ship hulls or other parts of boats or
ships.
(7) Ornamental and Turf Pest
Control: This shall include pesticide operators, pesticide applicators,
pesticide trainees, public applicators, and public trainees who use or
supervise the use of pesticides in the establishment and maintenance of
ornamental plantings and turf (not including Christmas tree plantations,
commercial nurseries or forest crops). The exemption provided persons under
subsection (5) of ORS
634.106 only applies to persons
principally engaged in home lawn and garden care.
(8) Public Health Pest Control: This shall
include pesticide operators, pesticide applicators, pesticide trainees, public
applicators, and public trainees who use or supervise the use of pesticides for
the control of any pest which may be deleterious to the public health,
including mosquito and other vector control.
(9) Regulatory Pest Control: This shall
include public applicators and public trainees who use or supervise the use of
pesticides upon regulated pests not otherwise specified in this
section.
(10) Right-of-Way Pest
Control: This shall include pesticide operators, pesticide applicators,
pesticide trainees, public applicators, and public trainees who use or
supervise the use of pesticides in right-of-way areas.
(11) Seed Treatment: This shall include
pesticide operators, pesticide applicators, pesticide trainees, public
applicators, and public trainees who use or supervise the use of pesticides on
seed, as it is defined in subsection (1) of ORS
633.511. Treatment of a person's
own seed on his own premises is exempt under subsections (9) and (13) of ORS
634.006.
(12) School Integrated Pest Management: This
shall include pesticide operators, pesticide applicators, pesticide trainees,
public applicators, and public trainees who use or supervise the use of
pesticides on the campus of a school, as defined in ORS
634.700 and OAR 603-057-0500.
School Integrated Pest Management does not include any of the following:
(a) The use of any pesticide in areas where
the integrated pest management plan adopted by the school under 634.705 does
not apply;
(b) The use of any
pesticide for the purpose of controlling wood-destroying pests, such as, but
not limited to, termites, carpenter ants, and powder post beetles;
(c) The use of any pesticide for the purpose
of controlling the following public health pests: bed bugs, lice, fleas, ticks,
and adult mosquitoes.
(d) The use
of any pesticide by using power-driven pesticide application equipment or
power-driven devices;
(e) The use
of any highly toxic or restricted-use pesticide, as defined in ORS
634.006(5) and
(22), respectively;
(f) The use of any pesticide that is not
registered with the State Department of Agriculture, as described in ORS
634.016; or
(g) The use of any pesticide formulated or
packaged as a total release fogger, which is a pressurized container designed
to automatically release the total contents in one operation for the purpose of
creating a permeating fog within a confined space to deliver the pesticide
throughout a space. Pesticide types listed in ORS
634.705(4) are
excluded from this provision.
Notes
Statutory/Other Authority: ORS 634.306, 561 & 634
Statutes/Other Implemented: 634 & ORS 634
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