(a) A tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by regulation promulgated by the department and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or
(b) With respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from regulation promulgated by the department.
(2) While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of ORS 616.235 (1)(a), provided such pesticide chemical or the use of such pesticide chemical is in compliance with the law and regulations promulgated thereunder.
(3) In a fertilizer, agricultural minerals, agricultural amendment or lime mix in which a pesticide is contained, all applicable provisions of this chapter must be complied with. In lieu of the requirements of ORS 634.026 (1)(c), the label or invoice on a certain mix may show the name and amount of the actual pesticide, together with the total amount of the entire mixture, including the amount of actual pesticide, to be applied to each acre. [1973 c.341 §13; 1979 c.29 §2; 1995 c.79 §325]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 634 - Pesticide Control
Section 634.006 - Definitions.
Section 634.026 - Pesticide labeling requirements; highly toxic pesticides; applicability of law.
Section 634.032 - When pesticide is misbranded.
Section 634.036 - When pesticide is adulterated.
Section 634.045 - Avoidance of adverse effects on pollinating insects.
Section 634.057 - State preemption of local pesticide regulation.
Section 634.063 - Exceptions to state preemption of pesticide regulation.
Section 634.106 - Applicability of ORS 634.112 to 634.126 and 634.146.
Section 634.112 - Renewal of licenses or certificates; delinquency.
Section 634.122 - Applicator license; qualifications; examination; fee.
Section 634.126 - Trainee certificate; renewal; fee.
Section 634.128 - Aerial pesticide applicator certificate; fee.
Section 634.132 - Consultant license; fee; qualifications; examination; applicability of law.
Section 634.136 - Dealer license; fee; applicability of law.
Section 634.142 - Private applicator certificate; standards; fee.
Section 634.148 - Retesting following violation.
Section 634.236 - Increasing or decreasing size of protected area; consolidation of areas.
Section 634.242 - Taxing power of area committee; limitation on amount of levy.
Section 634.306 - General duties and powers of department; rules.
Section 634.322 - Enforcement powers of department.
Section 634.326 - Use of moneys received by department.
Section 634.372 - Prohibited acts.
Section 634.500 - Definitions for ORS 634.500 to 634.520.
Section 634.510 - Conditions for sale.
Section 634.515 - Sale by pesticide dealer; duties of customer.
Section 634.520 - Report of sales to department.
Section 634.550 - Center governing board; duties and powers.
Section 634.555 - Pesticide incident telephone line.
Section 634.600 - Committee members; appointment; compensation and expenses; duties.
Section 634.650 - Definitions for ORS 634.650 to 634.665.
Section 634.653 - Appointment of State Integrated Pest Management Coordinator.
Section 634.657 - Integrated Pest Management Coordinating Committee; purposes; report; funding.
Section 634.660 - Agencies and universities required to implement integrated pest management.
Section 634.700 - Definitions for ORS 634.700 to 634.750.
Section 634.720 - Plan coordinators.
Section 634.730 - Reentry into sprayed area; exception; declaration of pest emergency.
Section 634.740 - Written notice requirements; warning signs; failure to notify or warn.
Section 634.750 - Pesticide application records.
Section 634.900 - Penalty for certain violations; amount.
Section 634.905 - When penalty payable; notice; hearing.
Section 634.915 - Schedule for penalty amounts; criteria; rules.