1. (1) The State Department of Agriculture shall promulgate rules establishing tolerances for pesticide chemicals or exempting them from the necessity of a tolerance as provided by ORS 616.341 with respect to the presence in or on raw agricultural commodities of poisonous or deleterious pesticide chemicals and of pesticide chemicals that are not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, to the extent necessary to protect the public health. In promulgating such rules, or rules authorized by ORS 616.355, the department shall give appropriate consideration to but not be limited by:

   1. (a) The necessity for the production of an adequate wholesome and economic food supply.
   2. (b) The other ways in which the consumer may be affected by the same pesticide chemical or by other related substances that are poisonous or deleterious.
   3. (c) The laws and regulations of the United States and other states.
   4. (d) The opinions of recognized experts and governmental agencies in the field of pesticide chemicals.
2. (2) The department shall promulgate rules exempting any pesticide chemical from the necessity of a tolerance with respect to use in or on all raw agricultural commodities when such tolerance is not necessary to protect the public health.

3. (3) Any person who has registered, or who has submitted an application for the registration of, an economic poison or pesticide with the department as required by law, may file with the department a petition as authorized by ORS chapter 183, proposing the promulgation of a rule establishing a tolerance for a pesticide chemical that constitutes, or is an ingredient of, such economic poison or pesticide, or exempting the pesticide chemical from the requirement of a tolerance. The petition shall contain data showing:

   1. (a) The name, chemical identity and composition of the pesticide chemical;
   2. (b) The amount, frequency and time of application of the pesticide chemical;
   3. (c) Full reports of investigations made with respect to the safety of the pesticide chemical;
   4. (d) The results of tests on the amount of residue remaining, including a description of the analytical method used;
   5. (e) Practicable methods of removing residue that exceeds any proposed tolerance;
   6. (f) Proposed tolerances for the pesticide chemical if tolerances are proposed; and
   7. (g) Reasonable grounds in support of the petition. Samples of the pesticide chemical shall be furnished to the department upon request.

[1961 c.637 §5; 1975 c.304 §16; 2007 c.71 §183]