In addition to the definitions set forth in ORS 634.006 and OAR 603-057-0001, the following shall apply to OAR 603-057-0500 to 603-057-0532:

1. (1) "Director" means the Director of the Department of Agriculture or the Director's authorized deputies or officers.
2. (2) "Enforcement" means any documented action taken by the Department to address a violation.
3. (3) "Flagrant" means any violation where the Department has documented evidence that the respondent had actual knowledge of the law and knowingly committed the violation.
4. (4) “Gravity of Effect” is the ranking of a violation with respect to its effect, or potential effect, on the public interests reflected in ORS 634. A violation is ranked as high, medium, or low.
5. (5) “Gross negligence” means an act or omission that does not reflect an exercise of reasonable care under the circumstances and that is characterized by conscious indifference to or reckless disregard of any purpose of the State Pesticide Control Act.
6. (6) “Injury” includes, but is not limited to, adulteration.
7. (7) “Intentionally” means the person acts, or fails to act, with a deliberate or an express purpose. For instance, a person acts intentionally when the person either consciously chooses not to determine whether a pesticide label authorizes use of a pesticide on a particular crop, or when the person knows that a pesticide label does not authorize use of the pesticide on a particular crop but still chooses to apply the pesticide to the crop.
8. (8) “Knowingly” means the person acts, or fails to act, with a practical understanding of, or a distinct skill in, the general activity that was obtained through such means as instruction, study, practice, or experience.
9. (9) "Magnitude of Violation" is the categorization of a violation in relation to other types of violations after considering its potential to affect the public interests reflected in ORS 634. A violation is categorized as major, moderate, or minor.
10. (10) "Person" has the meaning given in ORS 634.006.

11. (11) "Violation" is an act or omission that:

    1. (a) Does not comply with a provision of ORS chapter 634 that relates to pesticide application, sale, or labeling;
    2. (b) Does not comply with a provision of ORS chapter 634 that relates to restricted-use pesticides; or
    3. (c) Does not comply with a rule adopted pursuant to ORS chapter 634 that relates to restricted-use pesticides.
12. (12) “Willfully” means the person acted, or failed to act, after calculating and considering the potential effects and consequences.
13. (13) “Willful misconduct” means an act or omission that is characterized by or resulting from calculation and consideration of effects and consequences, and with awareness that the act or omission will be incompatible with any purpose of the State Pesticide Control Act.
14. (14) “School” has the meaning defined in ORS 634.700.

Statutory/Other Authority

ORS 561, 634, 183.335 & 634.006

Statutes/Other Implemented

ORS 183.745, 634.006, HB 4062 (2022), 634.322, 634.372, 634.900 - 634.915, 634.306 & HB 2687 (2023)

History

DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 1-2019, amend filed 01/23/2019, effective 01/23/2019
DOA 21-2012, f. & cert. ef. 7-10-12
DOA 6-2009, f. & cert. ef. 5-7-09
DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09
AD 4-1990, f. & cert. ef. 3-16-90