Oregon Revised Statutes Chapter 634 § 634.006 — Definitions

Definitions. As used in this chapter unless the context requires otherwise: (1) “Antidote” means a practical immediate treatment in case of poisoning and includes first-aid treatment. (2) “Brand” or “trademark” means any word, name, symbol or any combination thereof adopted or used by a person to identify pesticides manufactured, compounded, delivered, distributed, sold or offered for sale in this state and to distinguish them from pesticides manufactured, compounded, delivered, distributed, sold or offered for sale by others. (3) “Department” means the State Department of Agriculture. (4) “Device” means any instrument or contrivance containing pesticides or other chemicals intended for trapping, destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the department, but does not include equipment used for the application of pesticides or other chemicals when sold separately from such pesticides or chemicals. (5) “Highly toxic” means a pesticide or device determined by the department to be capable of causing severe injury, disease or death to human beings. (6) “Indian tribe” means a federally recognized Indian tribe in Oregon, provided that the tribe engages in applicable pesticide use on lands other than Indian country, as defined in 18 U.S.C. 1151. (7) “Landowner” means a person: (a) Owning three acres or more within a proposed protected area; and (b) In the case of multiple ownership of land: (A) Whose interest is greater than an undivided one-half interest in the land; or (B) Who holds an authorization in writing from one or more of the other owners whose interest, when added to the interest of the person, are greater than an undivided one-half interest in the land. (8) “Noncommercial pesticide applicator” or “noncommercial applicator” means: (a) An individual who uses or supervises the use of any restricted-use pesticide or highly toxic pesticide on land or property owned or leased by the individual or the employer of the individual, except for an individual who performs the work, duties or responsibilities of a private applicator or a public applicator; or (b) An individual who owns or is employed by a private school and who performs or carries out the work, duties or responsibilities of a pesticide applicator at the school’s campus, as defined in ORS 634.700. (9) “Noncommercial pesticide trainee” means an individual who is working and engaged in a training program under a special certificate to qualify as a noncommercial pesticide applicator and who performs or carries out the work, duties or responsibilities of a pesticide trainee. (10) “Person” means: (a) A person as defined in ORS 174.100; (b) A public body as defined in ORS 174.109; (c) The federal government or any of its agencies; and (d) An Indian tribe. (11) “Pesticide” includes: (a) “Defoliant” which means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission; (b) “Desiccant” which means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (c) “Fungicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus; (d) “Herbicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed; (e) “Insecticide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever; (f) “Nematicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes; (g) “Plant regulator” which means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation or to otherwise alter the behavior of ornamental or crop plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; or (h) Any substance, or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other form of plant or animal life which is, or which the department declares to be a pest, which may infest or be detrimental to vegetation, humans, animals, or be present in any environment thereof. (12) “Pesticide applicator” or “applicator” means an individual who: (a)(A) Is using, spraying or applying restricted-use or highly toxic pesticides; or (B) Is spraying or applying pesticides for others; (b) Is authorized to work for and is employed by a pesticide operator;