(2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients.
(3) Except as provided in this subsection, the plan coordinator or designee must give a pesticide application notice in a manner reasonably calculated to reach the intended recipient at least 24 hours before the pesticide application occurs. A notice must identify the name, trademark or type of pesticide products, the registration number assigned to each of the pesticide products, the expected area of application, the expected date of application and the reason for the application. If a pest emergency makes it impracticable to give a pesticide application notice at least 24 hours before the pesticide application occurs, the plan coordinator or designee shall send the notice no later than 24 hours after the application occurs.
(4) Except as provided in this subsection, if a pesticide is applied at a campus, the plan coordinator or a designee of the coordinator shall place warning signs around pesticide application areas beginning no later than 24 hours before the application occurs and ending no earlier than 72 hours after the application occurs. A warning sign must bear the words "Warning: pesticide-treated area," give the expected or actual date and time for the application and provide the telephone number of a contact person. If a pest emergency makes it impracticable to place the warning signs at least 24 hours before the pesticide application, the plan coordinator or designee shall place the signs as soon as practicable but no later than at the time the application occurs.
(5) Failure to give notice or post warnings as required by this section does not create a cause of action for damages and may not be asserted as the basis for a per se negligence claim. [2009 c.501 ยง7]
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.