Or. Admin. Code § 603-057-0160 - Pesticide Use for Experimental or Research Purposes
(1) Use of any substance or combination of
substances as a pesticide with the intent of gathering data needed to satisfy
pesticide registration requirements of the United States Environmental
Protection Agency (EPA) or of the department shall be considered pesticide use
for experimental or research purposes.
(a) An
experimental use permit that is issued by the department constitutes the
approval required by ORS
634.022(2).
(b) The permit requirement in this section is
in addition to pesticide licensing requirements.
(2) The requirement to obtain an experimental
use permit is not applicable to:
(a)
Experiments or research conducted by federal or state agencies; or
(b) Experiments or research conducted
entirely in one or more greenhouses; or
(c) Experiments or research that only:
(A) Use pesticides that are registered by EPA
and the department; and
(B) Use
pesticides in the manner consistent with the product label.
(3) To obtain an
experimental use permit, a person must submit a complete application to the
department and be in compliance with subsection (14) of this section. The
pesticide use described in the application may not begin until the department
issues the experimental use permit.
(a) The
applicant must use a form approved by the department; and
(b) The application must be submitted to the
department at least 30 days prior to intended use.
(4) There are two types of experimental use
permits: site-specific and collective.
(5) A site-specific experimental use permit
authorizes pesticide use for experimental or research purposes that are at
sites specified in the permit and are not covered by a collective experimental
use permit.
(a) Approvable sites include, but
are not limited to, aquatic, residential, recreational and structural sites,
areas with public access, commodity storage facilities, and areas exceeding a
total of one acre.
(b) Each
application for a site-specific experimental use permit will include the
following:
(A) The name, address, and
telephone numbers of the applicant and of the person responsible for carrying
out the provisions of the experimental use permit;
(B) Identification of each pesticide to be
used, including;
(i) The name of the pesticide
active ingredient;
(ii) The name of
the pesticide product, if any; and
(iii) The EPA registration number of the
pesticide product, if any.
(C) The name, address, and telephone numbers
of the person responsible for carrying out the provisions of the experimental
use permit at each specific site, and the number of the pesticide-related
license issued to the person by the department, and the means of locating the
person in case of an emergency;
(D)
The purpose of the experiment or research, including a list of the intended
target pest(s), if any;
(E) The
approximate date(s) of pesticide use;
(F) The intended crop or site of pesticide
use;
(G) Specific description and
location of each site where pesticide use may occur, including the size (for
example, acres, or square feet) of each site;
(H) Disposition of any food or feed item from
the crop or site on which the pesticide will be used;
(I) Application rate(s) of the pesticide, and
number of applications;
(J) Method
of application;
(K) Timing and
duration of the proposed experiment or research;
(L) Total amount of pesticide to be used,
diluent, and dilution rate;
(M)
Copy of any experimental use permit issued by EPA, if applicable;
(N) A copy of the labeling that will
accompany the pesticide in the field; and
(O) Any other information pertinent to the
experiment or research specifically requested by the department.
(6) A site-specific
experimental use permit may be issued for up to twelve months from the date of
approval by the department.
(7) A
collective experimental use permit authorizes pesticide use for experiments or
research without identifying any specific site. Approvable sites include
agricultural and forestry sites.
(a) The
applicant may use one or more sites in any location in Oregon provided that the
total size of all of the sites used for a particular pesticide does not exceed
one acre.
(b) Each application for
a collective experimental use permit will include the following:
(A) The name, address, and telephone numbers
of the applicant and of the person responsible for carrying out the provisions
of the experimental use permit, the number of the pesticide-related license
issued to the person by the department, and the means of locating the person in
case of an emergency;
(B) A signed
statement that all pesticide use will comply with all of the provisions of the
collective experimental use permit and of this section; and
(C) Any other information pertinent to the
application specifically requested by the department.
(8) A collective experimental use
permit will be issued for as long as one calendar year, ending December
31st.
(9) Any person conducting
pesticide use for experimental or research purposes must be appropriately
licensed by the department and include the category Demonstration and Research,
as specified in OAR 603-057-0110(3), on that license. This licensing
requirement applies to all persons making pesticide applications for
experimental or research purposes and is not limited to persons conducting
pesticide research authorized by an experimental use permit.
(10) Any crop or site on which a pesticide is
used for experimental or research purposes shall be under the control of the
person authorized to conduct that pesticide use. Said control may include:
(a) Ownership, rental or lease of the land on
which the crop or site is located by the person;
(b) Ownership, rental or lease of the land on
which the crop or site is located by the immediate employer of the
person;
(c) Documented permission
for the pesticide use from the owner, renter or leaseholder of the land on
which the crop or site is located;
(d) Documented permission for the pesticide
use from the public entity in possession or control of the land on which the
crop or site is located.
(11) Any person using pesticides for
experimental or research purposes shall prepare, maintain, and provide records
in the same manner as in ORS
634.146.
(12) As provided by ORS
634.322(6), the
department may deny an application for an experimental use permit or, amend,
suspend or revoke any experimental use permit issued by the
department.
(13) The department may
establish conditions in an experimental use permit approval that the department
determines necessary to be consistent with ORS Chapter 634 and this
section.
(14) The holder of an
experimental use permit shall provide the department a summary report of the
experiments and research conducted under the permit no later than 30 days after
the expiration date of the permit.
(a) Each
summary report must include, at a minimum, the identification number of the
experimental use permit, the records required by subsection (11) of this
section, any adverse environmental, human, or animal health effects resulting
from the pesticides used, and, if any pesticide use occurred on a food or feed
item, documentation of food or feed item destruction, crop/site isolation, or
other measures taken to prevent the food or feed item from being used or
consumed.
(b) If the required
summary report is not provided to the department, the department will not issue
any future experimental use permit to the applicant.
(15) If information is provided in an
experimental use permit application, summary report, or other form that is
identified by the applicant as confidential, the department will hold the
information confidential to the extent allowed under ORS Chapter 192.
(16) Any food or feed item to which a
pesticide used for experimental or research purposes has been applied must be
rendered unusable for food or feed unless a tolerance greater than the residues
resulting from the use has been established or, if allowed by law, conditions
implemented to prevent any use of the treated crop/site for food or feed for a
period no less than 365 days. Such food or feed item may include, but is not
limited to crop, forage (including grazing rangeland or pasture), green chop,
hay, seed screenings, silage, and straw. The department requires documentation
of food or feed item destruction or crop/site isolation as a condition of the
experimental use permit.
(17) The
department may monitor any pesticide used for experimental or research
purposes. Monitoring may include, but is not limited to:
(a) Observing, inspecting, and documenting
mixing, loading, transportation, and application activities;
(b) Inspecting and documenting application
equipment;
(c) Collecting and
analyzing samples;
(d) Interviewing
any person that may have knowledge regarding the pesticide use; and
(e) Reviewing any records.
(18) The permit holder or the
person that conducted the pesticide use must immediately report to the
department any adverse environmental, human, or animal health effects resulting
from pesticides used for experimental or research purposes.
(19) In addition to any other liability or
penalty provided by law, any failure by any person to comply with the
provisions of this section, as determined by the department, may be used as a
basis for one or more of the following actions, if applicable:
(a) To revoke, suspend or refuse to issue an
experimental use permit, in accordance with ORS
634.022 or
634.322(6);
(b) To revoke, suspend or refuse to issue any
license of a permit holder or of a person that conducted a pesticide use for
experimental or research purposes, in accordance with ORS
634.322(4);
(c) To impose a civil penalty, in accordance
with ORS 634.900.
Notes
Statutory/Other Authority: ORS 634
Statutes/Other Implemented: ORS 634
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