OAR 603-056-0431: Chemically Treated Seed

(1) As used in this rule: (a) “Treated seed” means agricultural seed, including grain intended for planting purposes, and vegetable seed, which have been injected, coated, sprayed or otherwise intentionally exposed to a pesticide as defined in ORS 634.006(8); (b) “Common name of the pesticide” means the name or abbreviation of a name of the substance as it appears on the pesticide label. (2) In addition to the labeling requirements of ORS 633.520, 633.531 and 633.541, each container of treated seed shall: (a) Be labeled in compliance with any direction for labeling treated seed as indicated on the label of the seed treatment pesticide; (b) Be clearly labeled that the seed has been treated, e.g., “treated seed — (common name of the pesticide),” “this seed treated with (common name of the pesticide)”; “(common name of the pesticide) treated,” or “treated with (common name of the pesticide) — do not use for feed.” If there is no common name of the pesticide the generally known chemical name, or abbreviation of the name, shall be used. The term “mercurial,” “mercury,” “mercury compound,” or “mercurial seed treatment” may be used as the common name of the seed treatment pesticide containing mercury or a form of mercury. (3) In addition to the labeling requirements of section (2) of this rule, if the seed treatment pesticide is one determined to be harmful to humans or other vertebrate animals, then the containers of the treated seed shall: (a) Be labeled with a sign of a skull and crossbones, and the word “Poison” printed in red on a white background or the reverse thereof; (b) Be labeled with a warning or caution statement identifying the particular hazards involved in handling the treated seed (e.g., skin contact, inhalation, swallowing), and a statement of any known characteristics of poison from the pesticide along with the identity of an antidote and method of administering it, which label shall substantially conform to the same information on the label of the seed treatment pesticide. (4) Only those pesticides registered for seed treatment purposes by the U.S. Environmental Protection Agency or by the Department may be used for seed treatment.