1. (1) Notwithstanding ORS 30.930 (2), the use of a pesticide shall be considered to be a farming practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:

   1. (a) Is or may be used on a farm of a similar nature;
   2. (b) Is a reasonable and prudent method for the operation of the farm to obtain a profit in money;
   3. (c) Is or may become customarily utilized in conjunction with farm use;
   4. (d) Complies with applicable laws; and
   5. (e) Is done in a reasonable and prudent manner.

2. (2) Notwithstanding ORS 30.930 (4), the use of a pesticide shall be considered to be a forest practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:

   1. (a) Is or may be used on forestland of a similar nature;
   2. (b) Is a reasonable and prudent method of complying with ORS 527.610 to 527.770;
   3. (c) Is or may become customarily utilized in conjunction with forestland;
   4. (d) Complies with applicable laws;
   5. (e) Is done in a reasonable and prudent manner; and
   6. (f) Includes, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control.

[1993 c.792 §32a; 1995 c.703 §5]