In addition to the definitions set forth in ORS 634.006, the following shall apply:

1. (1) "Accident" means an undesirable and unintended event, caused by the use or application of pesticides, that adversely affects the environment.
2. (2) “Aerial pesticide applicator” or “aerial applicator” means an aerial pesticide applicator as defined in ORS 634.128.
3. (3) “Commercial pesticide applicator” or “commercial applicator” means a pesticide applicator as defined in ORS 634.006.
4. (4) “Commercial pesticide operator” or “pesticide operator” means a pesticide operator as defined in ORS 634.006.
5. (5) "Common Exposure Route" means a likely way (oral, dermal, respiratory) by which a pesticide may enter an organism.
6. (6) "Compatibility" means the properties of a pesticide that permit its use with other chemicals without undesirable results being caused by such combination.
7. (7) "Competence" means the proficiency in the performance of activities related to pesticide application, the degree of which is directly related to the nature of such activities.
8. (8) "Environment" means water, air, land and plants, humans, or other animals living therein or thereon, and the interrelationships existing among them.
9. (9) “Immediately Supervised Trainee” is a type of trainee as defined in ORS 634.006(26).

10. (10) "Immediate Supervision" means supervision by an appropriately licensed commercial, noncommercial, or public applicator who is:

    1. (a) Located on the pesticide application site at all times during the application; and
    2. (b) Available at the specific point of pesticide use within a time period of no more than five minutes.
11. (11) “Noncommercial pesticide applicator” or “noncommercial applicator” means a noncommercial pesticide applicator as defined in ORS 634.006.
12. (12) "Non-Target Organism" means plant or animal life other than to which the pesticide is applied or is intended to be applied.
13. (13) “Pesticide Apprentice” is a type of trainee, as defined in ORS 634.006(26) that engages in pesticide application activities under the supervision of a licensed commercial, noncommercial, or public applicator as described in OAR 603-057-0127. A pesticide apprentice is limited to the categories of pesticide application authorized on the commercial, noncommercial, or public applicator license of the supervisor.
14. (14) “Pesticide consultant” or “consultant” means a pesticide consultant as defined in ORS 634.006.
15. (15) “Pesticide dealer” means a pesticide dealer as defined in ORS 634.006.
16. (16) “Private applicator” means a private applicator as defined in ORS 634.006.
17. (17) “Public pesticide applicator” or “public applicator” means a public applicator as defined in ORS 634.006.
18. (18) "Regulated Pest" means a specific organism determined by the Department to be a pest requiring control, or eradication in order to protect the environment.
19. (19) For the purpose of pesticide registration as specified in ORS 634.016, "pesticide product" means a pesticide readily distinguishable from any other pesticide by its content, registration number assigned by the United States Environmental Protection Agency, brand name, trade name, manufacturer, registrant, use as specified in labeling, or other distinction, but not including size or quantity of package.

20. (20) For the purposes of ORS 634.006(8), ORS 634.006(12)(c), ORS 634.106(7), ORS 634.126(1)(c), Oregon Laws 2022, chapter 53, Section 3(1)(b), OAR 603-057-0001(13), and OAR 603-057-0127, the terms "direct charge of," "supervises," "direct supervision," and “supervision” mean that:

    1. (a) The supervisor of the person applying a pesticide has determined that the person applying a pesticide has sufficient knowledge and ability to safely apply the particular pesticide according to its label directions and any other additional directions;
    2. (b) The person applying a pesticide is applying the particular pesticide under the instructions of their supervisor; and
    3. (c) The person applying a pesticide is applying the pesticide in such proximity to their supervisor that such supervisor is reasonably available for any needed consultation or further direction, even though such supervisor is not physically present at the time or place of the pesticide application.
21. (21) For the purposes of section (20) of this rule, “supervisor” means a person that is responsible for the actions of a person applying a pesticide.

Statutory/Other Authority

ORS 561.190, 634, HB 4062 (2022) Section 2(9) & HB 4062 (2022) Section 8(1)

Statutes/Other Implemented

ORS 634.306 & HB 4062 (2022)

History

DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 16-2012, f. & cert. ef. 6-1-12
DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13
AD 12-1992, f. 10-13-92, cert. ef. 1-1-93
AD 17, f. & cert. ef. 11-15-89
AD 7-1980, f. & ef. 9-25-80
AD 7-1977, f. & ef. 4-5-77