Or. Admin. Code § 603-057-0500 - Definitions
In addition to the definitions set forth in ORS 634.006 and OAR 603-057-0001, the following shall apply:
(1)
"Director" means the Director of the Department of Agriculture or the
Director's authorized deputies or officers.
(2) "Enforcement" means any documented action
taken by the Department to address a violation.
(3) "Flagrant" means any violation where the
Department has documented evidence that the respondent had actual knowledge of
the law and knowingly committed the violation.
(4) "Gravity of Effect" is the ranking of a
violation with respect to its effect, or potential effect, on the public
interests reflected in ORS 634. A violation is ranked as high, medium, or
low.
(5) "Gross negligence" means
an act or omission that does not reflect an exercise of reasonable care under
the circumstances and that is characterized by conscious indifference to or
reckless disregard of any purpose of the State Pesticide Control Act.
(6) "Injury" includes, but is not limited to,
adulteration.
(7) "Intentionally"
means the person acts, or fails to act, with a deliberate or an express
purpose. For instance, a person acts intentionally when the person either
consciously chooses not to determine whether a pesticide label authorizes use
of a pesticide on a particular crop, or when the person knows that a pesticide
label does not authorize use of the pesticide on a particular crop but still
chooses to apply the pesticide to the crop.
(8) "Knowingly" means the person acts, or
fails to act, with a practical understanding of, or a distinct skill in, the
general activity that was obtained through such means as instruction, study,
practice, or experience.
(9)
"Magnitude of Violation" is the categorization of a violation in relation to
other types of violations after considering its potential to affect the public
interests reflected in ORS 634. A violation is categorized as major, moderate,
or minor.
(10) "Person" includes
individuals, corporations, associations, firms, joint stock companies, public
and municipal corporations, political subdivisions of the state and any
agencies thereof, and the Federal Government and any agency thereof.
(11) "Violation" is an act or omission that
does not comply with a provision of ORS 634 that relates to pesticide
application, sale, or labeling.
(12) "Willfully" means the person acted, or
failed to act, after calculating and considering the potential effects and
consequences.
(13) "Willful
misconduct" means an act or omission that is characterized by or resulting from
calculation and consideration of effects and consequences, and with awareness
that the act or omission will be incompatible with any purpose of the State
Pesticide Control Act.
(14)
"School" has the meaning defined in ORS
634.700
Notes
Statutory/Other Authority: ORS 561, 634 & 183.335
Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
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