Or. Admin. Code § 845-025-2070 - Pesticides, Fertilizers and Agricultural Chemicals
(1) Pesticides.
A producer may only use pesticides in accordance with ORS chapter 634 and OAR
chapter 603, division 57.
(2)
Fertilizers, Soil Amendments, Growing Media. A producer may only use
fertilizer, agricultural amendments, agricultural minerals and lime products in
accordance with ORS chapter 633.
(3) In addition to other records required by
these rules, a producer must maintain, at all times and on the licensed
premises:
(a) The safety data sheet (SDS) for
all pesticides, fertilizers or other agricultural chemicals used by the
producer in the production of marijuana;
(b) The original label or a copy thereof for
all pesticides, fertilizers or other agricultural chemicals used by the
producer in the production of marijuana; and
(c) A log of all pesticides, fertilizers or
other agricultural chemicals used by the producer in the production of
marijuana. The log must include:
(A) The
information required to be documented by a pesticide operator in ORS
634.146; and
(B) The unique identification tag number of
the cultivation batch or marijuana plant batch to which the product was
applied, or if applied to all plants on the licensed premises a statement to
that affect.
(4) A producer may maintain the records
required under this rule in electronic or written form. If electronic, a
producer shall maintain a backup system or sufficient data storage so that
records are retained for no less than two years after harvest of any marijuana
on which documented products were used. If written, a producer shall ensure
that the records are legible and complete, shall keep them in a safe and secure
location, and shall retain the records for no less than two years after harvest
of any marijuana on which documented products were used.
(5) A producer must make the records required
under this rule immediately available during a premises inspection by a
Commission regulatory specialist. If the Commission requests copies of the
records at any time other than during a premises inspection, a producer shall
produce the records upon request.
(6) Violations.
(a) A violation of section (1) of this rule
is a Category I violation and could result in license revocation.
(b) A violation of section (2) of this rule
is a Category II violation.
(c)
Notwithstanding subsection (a) of this section, if a licensee accepts
responsibility for an illegal pesticide application through Department of
Agriculture's Marijuana Compliance Assistance Program and successfully
completes the program, the licensee will receive a notice of warning for their
first violation. Any subsequent violations are Category I violations.
(d) Failure to keep complete records as
required by section (3) of this rule is a Category III violation. Failure to
keep records on the licensed premises, or failure to timely produce records, is
a Category III violation.
Notes
Statutory/Other Authority: ORS 475C.017 & 475C.065
Statutes/Other Implemented: 475C.065 & ORS 475C.205
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