(a) The necessity for the production of an adequate wholesome and economic food supply.
(b) The other ways in which the consumer may be affected by the same pesticide chemical or by other related substances that are poisonous or deleterious.
(c) The laws and regulations of the United States and other states.
(d) The opinions of recognized experts and governmental agencies in the field of pesticide chemicals.
(2) The department shall promulgate rules exempting any pesticide chemical from the necessity of a tolerance with respect to use in or on all raw agricultural commodities when such tolerance is not necessary to protect the public health.
(3) Any person who has registered, or who has submitted an application for the registration of, an economic poison or pesticide with the department as required by law, may file with the department a petition as authorized by ORS chapter 183, proposing the promulgation of a rule establishing a tolerance for a pesticide chemical that constitutes, or is an ingredient of, such economic poison or pesticide, or exempting the pesticide chemical from the requirement of a tolerance. The petition shall contain data showing:
(a) The name, chemical identity and composition of the pesticide chemical;
(b) The amount, frequency and time of application of the pesticide chemical;
(c) Full reports of investigations made with respect to the safety of the pesticide chemical;
(d) The results of tests on the amount of residue remaining, including a description of the analytical method used;
(e) Practicable methods of removing residue that exceeds any proposed tolerance;
(f) Proposed tolerances for the pesticide chemical if tolerances are proposed; and
(g) Reasonable grounds in support of the petition. Samples of the pesticide chemical shall be furnished to the department upon request. [1961 c.637 §5; 1975 c.304 §16; 2007 c.71 §183]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 616 - General and Miscellaneous Provisions
Section 616.020 - Surveys, investigations and inquiries by Oregon Health Authority.
Section 616.073 - Policy and prohibitions on sulfite use; exceptions.
Section 616.077 - Oregon Health Authority rules; exception.
Section 616.205 - Definitions for ORS 616.205 to 616.385.
Section 616.215 - Prohibited acts.
Section 616.223 - Processing of reclaimed fish for food banks; sale and purchase exemption.
Section 616.225 - Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity.
Section 616.230 - Definitions and standards; conformity to federal regulations; rules.
Section 616.235 - When food deemed adulterated; rules.
Section 616.250 - When food deemed misbranded; rules.
Section 616.286 - Inspection and investigation powers of department.
Section 616.295 - Reports and information issuable by department.
Section 616.330 - Alcoholic beverage exemption.
Section 616.333 - Diethylstilbestrol use in food; label.
Section 616.345 - Rules governing use of pesticide chemicals.
Section 616.350 - Control of food additives; rules.
Section 616.355 - Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350.
Section 616.360 - Standards for rules.
Section 616.555 - Definitions for ORS 616.555 to 616.585.
Section 616.565 - Calorie content information for combination or multiserving items.
Section 616.570 - Menus, menu boards and food tags; additional information; disclaimer.
Section 616.575 - Rules; typical values for alcoholic beverages.
Section 616.580 - Inspections; notice and opportunity to cure violation; penalties.
Section 616.585 - Local disclosure requirements prohibited.
Section 616.590 - Lack of cause of action or claim.
Section 616.680 - Definitions for ORS 616.680, 616.683 and 616.686.
Section 616.686 - Farm direct marketing rules.
Section 616.695 - Definitions for ORS 616.695 to 616.755.
Section 616.706 - Licenses; sanctions; changes; posting; cancellation; fees; rules.
Section 616.708 - Additional users of establishment; fees; rules.
Section 616.711 - Where licenses not required; when ORS 616.695 to 616.755 not applicable.
Section 616.713 - Unauthorized food establishments.
Section 616.716 - When inspection authorized; ORS 616.695 to 616.755 in addition to other laws.
Section 616.718 - Waiver of routine inspection; rules.
Section 616.721 - Exemption from ORS 616.695 to 616.755 for federally inspected establishments.
Section 616.735 - When insanitary conditions exist.
Section 616.740 - Condemnation where insanitary conditions exist.
Section 616.745 - Handling of food by diseased persons prohibited; rules.
Section 616.775 - Definitions for ORS 616.775 to 616.790.
Section 616.805 - Definitions for ORS 616.800 to 616.835 and 616.994.
Section 616.830 - Altering labels or using nonconforming labels prohibited.
Section 616.835 - Rulemaking authority.
Section 616.850 - Definitions for ORS 616.850 to 616.890.
Section 616.855 - Items exempt from unit pricing requirements.
Section 616.860 - Unit pricing of packaged consumer commodities required; explanation to consumers.
Section 616.892 - Single-use plastic straws; penalties.
Section 616.894 - Local plastic straw laws.
Section 616.997 - Civil penalties; rules; hearing; disposition of moneys.