Or. Admin. Code § 603-057-0535 - Pesticide Use on Crops Grown for Seed Production
(1) For purposes of pesticide product
registration, labeling, distribution and use, certain crops when grown
exclusively for seed production with the sole intent of the seed being planted,
or with the sole intent of the seed being processed to produce nonedible
industrial or nonedible cosmetic oil, shall be considered nonfood/nonfeed
sites. If certain conditions are met as specified in this rule, a pesticide
residue tolerance is not required to obtain a pesticide registration on the
crop. These crops include, but are not limited to: [Table not included. See ED.
NOTE.]
(2) Certain crops which may
be grown for seed production, shall be considered food/feed sites, and not
eligible to obtain a nonfood/nonfeed status. These crops include, but are not
limited to: Cereal Grains: including barley, buckwheat, corn, millet, oats,
rye, sorghum, triticale, and wheat; Legume Vegetables (succulent and dried):
including all peas, beans, chickpeas, and lentils; canola (as defined in OAR
603-052-0860(a)); garlic; potatoes; pumpkins; sunflower.
(3) If the Department receives an application
for a FIFRA Section 24(c) registration or a FIFRA Section 18 authorization, and
the pesticide product is intended to be used on a seed crop not listed in (1)
or (2) above, additional information must be provided to the Department to
support a nonfood/nonfeed designation. The Department shall make or deny the
nonfood/nonfeed designation based upon evaluation of available
information.
(4) In order for a
pesticide product to be registered, labeled, distributed and used on a crop
grown exclusively for seed production, as identified in (1) above, the
following conditions must be met:
(a) The
seed conditioner shall maintain a record of each pesticide applied to the seed
crop for which there is no established pesticide residue tolerance. This record
shall include the date of each application.
(b) No seed produced in Oregon utilizing a
pesticide product for which there is no established pesticide residue tolerance
on the seed crop may be distributed for human or animal consumption.
(c) All screenings resulting from a seed crop
identified in (1) above shall be disposed of in such a manner that the
screenings cannot be distributed or used for food or feed purposes.
(d) No portion of the seed crop to which a
pesticide product having no established pesticide residue tolerance for the
seed crop has been applied shall be used or distributed for food or feed. This
restriction pertains to, but is not limited to, green chop, hay, pellets, meal,
whole seed, cracked seed, straw, roots, bulbs, foliage or seed screenings, and
to the grazing of the crop field, stubble or regrowth.
(e) The seed conditioner shall keep records
of all seed screening disposals for at least three years from the date of
disposal and shall furnish these records to the department upon
request.
(f) The disposal records
required in section (e) above shall consist of documentation verifying shipment
to the controlled site where disposal occurred, and shall identify each of the
following:
(A) The name, if applicable, and
location of the disposal site;
(B)
Method of disposal (i.e., burial, composting, or incineration);
(C) Amount and type of material disposed of;
and
(D) The date of shipment to the
disposal site.
(5) Administrative rules enacted and
administered by the Oregon Department of Environmental Quality, contained in
OAR 340-100-0010, specify that any portion of a seed crop grown in this state,
its foliage, seed chaff, screenings or other crop by-products treated with a
pesticide according to label instructions shall not be considered a hazardous
waste. Therefore, the requirements for disposal of hazardous waste shall not
apply to the disposal of a pesticide treated seed crop or its
by-products.
(6) Refusing or
neglecting to prepare and maintain the records required to be kept by (4)(a)
and (4)(e) of this section shall be considered a prohibited act according to
ORS 634.372(5).
(7) Making false, misleading or fraudulent
records required by (4)(a) and (4)(e) of this section shall be considered a
prohibited act according to ORS
634.372(6).
(8) Any seed from a field treated with a
pesticide product having no pesticide residue tolerance shall bear specific and
conspicuous container labeling, or if shipped in bulk, on the shipment invoice
or bill of lading. Said labeling shall contain the following statement: "This
seed was produced using one or more products for which the United States
Environmental Protection Agency has not established pesticide residue
tolerances. This seed, in whole, as sprouts, or in any form, may not be used
for human consumption or animal feed. Failure to comply with this condition may
violate requirements of the Federal Food and Drug Administration, the Oregon
Department of Agriculture and other regulatory agencies."
(9) All possessors of seed labeled as
specified in (8) above, including brokers and dealers, shall prepare and
maintain records which include a copy of the seed labeling.
(10) The conditions contained in (1) through
(9) of this rule shall not apply to a seed crop, or its by-products, grown in
Oregon under the following conditions:
(a)
Having no pesticide(s) applied to it; or
(b) Utilizing only pesticides registered and
labeled for application to the crop, and having established residue tolerances
for the specific crop and its by-products.
(11) The requirements specified in (8) and
(9) of this rule shall not apply if the seed is sold or distributed in consumer
packets weighing less than 5.0 oz., and is intended for retail sale and
noncommercial use.
(12) The
restrictions contained in (4)(d) of this rule may be modified by the Department
if residue data are provided, and the data and modification are considered
acceptable by both the Department and the U.S. Environmental Protection
Agency.
(13) If the conditioner has
not been provided information as to what pesticides were applied to a field
producing a seed crop specified in (1) above, the field will be considered to
have been treated with a pesticide not having a tolerance. In such situations,
the seed conditioner will be exempt from the requirements of (4)(a) above. All
other requirements of (4)(b) through (9) shall apply.
(14) Any seed grown in Oregon, and
conditioned in another state which has a labeling requirement for seed
conditioned in that state similar to (8) above, shall be exempt from the
labeling requirements contained in (8) above. Seed exported from Oregon under
conditions specified in this subsection must be labeled as required in (8)
above by the grower, broker or other responsible party.
(15) Any "treated seed" as defined in OAR
603-56-431(1)(a), and meeting the labeling requirements of OAR 603-56-431(1),
shall be exempt from the labeling requirements contained in (8) above. Prior to
treatment, the seed must be labeled as required in (8)
above.
Notes
Tables referenced in this rule are available from the agency.
Stat. Auth.: ORS 561.190 & ORS 634
Stats. Implemented: ORS 634.306 & ORS 634.322
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