(a) Files a report of the alleged loss with the State Department of Agriculture;
(b) Mails or personally delivers to the landowner or pesticide operator who is allegedly responsible for the loss a true copy of the report provided for under paragraph (a) of this subsection; and
(c) Mails or personally delivers to the person for whom the pesticide was applied a true copy of the report required under paragraph (a) of this subsection if that person is not the person commencing the action.
(2) Any person who claims to have sustained any loss arising out of the use or application of any pesticide by any state agency, county or municipality may file a report of loss with the department, and mail or personally deliver a true copy of such report of loss to the state agency, county or municipality allegedly responsible, within the time provided in subsection (1) of this section.
(3) Upon receiving a report of loss as provided by this section:
(a) The department may investigate, examine and determine the extent and nature of the damage alleged to have been caused to property or crops. The department shall not determine the source of the damage, the person who may have caused the damage or the financial extent of the loss or damage. The department shall prepare and file in its office a report of the investigation, examination and determination. Copies of the report made by the department may be given upon request to persons who are financially interested in the matter.
(b) The department at the request of, and without cost to, any persons financially interested in the matter may undertake to mediate an equitable settlement of the controversy.
(4) Upon receiving a request from any person, other than a person who may file a report of loss as provided by subsection (1) or (2) of this section, the department may investigate, examine and determine the extent and nature of damage alleged to have been caused to property or crops arising out of the use or application of any pesticide by any other person, provided that the person making such request reimburses the department for its work. The department shall not determine the source of the damage, the person who may have caused the damage or the financial extent of the loss or damage. The department shall prepare and file in its office a report of the investigation, examination and determination. Copies of the report made by the department may be given upon request to persons who are financially interested in the matter.
(5) Nothing in this section shall be construed as a waiver by the State of Oregon or any state agency, county or municipality of any immunity against suit that otherwise may exist.
(6) Notwithstanding ORS 634.006, as used in this section, "landowner" includes any person shown by records of the county to be the owner of land or having such land under contract for purchase. [1973 c.341 §23; 1991 c.351 §1; 1995 c.96 §2; 2015 c.833 §13]
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.