OAR 603-057-0160: Pesticide Use for Experimental or Research Purposes

(1) Use of any substance or combination of substances as a pesticide with the intent of gathering data needed to satisfy pesticide registration requirements of the United States Environmental Protection Agency (EPA) or of the department shall be considered pesticide use for experimental or research purposes. (a) An experimental use permit that is issued by the department constitutes the approval required by ORS 634.022(2). (b) The permit requirement in this section is in addition to pesticide licensing requirements. (2) The requirement to obtain an experimental use permit is not applicable to: (a) Experiments or research conducted by federal or state agencies; or (b) Experiments or research conducted entirely in one or more greenhouses; or (c) Experiments or research that only: (A) Use pesticides that are registered by EPA and the department; and (B) Use pesticides in the manner consistent with the product label. (3) To obtain an experimental use permit, a person must submit a complete application to the department and be in compliance with subsection (14) of this section. The pesticide use described in the application may not begin until the department issues the experimental use permit. (a) The applicant must use a form approved by the department; and (b) The application must be submitted to the department at least 30 days prior to intended use. (4) There are two types of experimental use permits: site-specific and collective. (5) A site-specific experimental use permit authorizes pesticide use for experimental or research purposes that are at sites specified in the permit and are not covered by a collective experimental use permit. (a) Approvable sites include, but are not limited to, aquatic, residential, recreational and structural sites, areas with public access, commodity storage facilities, and areas exceeding a total of one acre. (b) Each application for a site-specific experimental use permit will include the following: (A) The name, address, and telephone numbers of the applicant and of the person responsible for carrying out the provisions of the experimental use permit; (B) Identification of each pesticide to be used, including; (i) The name of the pesticide active ingredient; (ii) The name of the pesticide product, if any; and (iii) The EPA registration number of the pesticide product, if any. (C) The name, address, and telephone numbers of the person responsible for carrying out the provisions of the experimental use permit at each specific site, and the number of the pesticide-related license issued to the person by the department, and the means of locating the person in case of an emergency; (D) The purpose of the experiment or research, including a list of the intended target pest(s), if any; (E) The approximate date(s) of pesticide use; (F) The intended crop or site of pesticide use; (G) Specific description and location of each site where pesticide use may occur, including the size (for example, acres, or square feet) of each site; (H) Disposition of any food or feed item from the crop or site on which the pesticide will be used; (I) Application rate(s) of the pesticide, and number of applications; (J) Method of application; (K) Timing and duration of the proposed experiment or research; (L) Total amount of pesticide to be used, diluent, and dilution rate; (M) Copy of any experimental use permit issued by EPA, if applicable; (N) A copy of the labeling that will accompany the pesticide in the field; and (O) Any other information pertinent to the experiment or research specifically requested by the department. (6) A site-specific experimental use permit may be issued for up to twelve months from the date of approval by the department. (7) A collective experimental use permit authorizes pesticide use for experiments or research without identifying any specific site. Approvable sites include agricultural and forestry sites. (a) The applicant may use one or more sites in any location in Oregon provided that the total size of all of the sites used for a particular pesticide does not exceed one acre. (b) Each application for a collective experimental use permit will include the following: (A) The name, address, and telephone numbers of the applicant and of the person responsible for carrying out the provisions of the experimental use permit, the number of the pesticide-related license issued to the person by the department, and the means of locating the person in case of an emergency; (B) A signed statement that all pesticide use will comply with all of the provisions of the collective experimental use permit and of this section; and (C) Any other information pertinent to the application specifically requested by the department. (8) A collective experimental use permit will be issued for as long as one calendar year, ending December 31st. (9) Any person conducting pesticide use for experimental or research purposes must be appropriately licensed by the department and include the category Demonstration and Research, as specified in OAR 603-057-0110(3), on that license. This licensing requirement applies to all persons making pesticide applications for experimental or research purposes and is not limited to persons conducting pesticide research authorized by an experimental use permit. (10) Any crop or site on which a pesticide is used for experimental or research purposes shall be under the control of the person authorized to conduct that pesticide use. Said control may include: (a) Ownership, rental or lease of the land on which the crop or site is located by the person; (b) Ownership, rental or lease of the land on which the crop or site is located by the immediate employer of the person; (c) Documented permission for the pesticide use from the owner, renter or leaseholder of the land on which the crop or site is located; (d) Documented permission for the pesticide use from the public entity in possession or control of the land on which the crop or site is located. (11) Any person using pesticides for experimental or research purposes shall prepare, maintain, and provide records in the same manner as in ORS 634.146 and OAR 603-057-0130. (12) As provided by ORS 634.322(6), the department may deny an application for an experimental use permit or, amend, suspend or revoke any experimental use permit issued by the department. (13) The department may establish conditions in an experimental use permit approval that the department determines necessary to be consistent with ORS Chapter 634 and this section. (14) The holder of an experimental use permit shall provide the department a summary report of the experiments and research conducted under the permit no later than 30 days after the expiration date of the permit. (a) Each summary report must include, at a minimum, the identification number of the experimental use permit, the records required by subsection (11) of this section, any adverse environmental, human, or animal health effects resulting from the pesticides used, and, if any pesticide use occurred on a food or feed item, documentation of food or feed item destruction, crop/site isolation, or other measures taken to prevent the food or feed item from being used or consumed. (b) If the required summary report is not provided to the department, the department will not issue any future experimental use permit to the applicant. (15) If information is provided in an experimental use permit application, summary report, or other form that is identified by the applicant as confidential, the department will hold the information confidential to the extent allowed under ORS Chapter 192. (16) Any food or feed item to which a pesticide used for experimental or research purposes has been applied must be rendered unusable for food or feed unless a tolerance greater than the residues resulting from the use has been established or, if allowed by law, conditions implemented to prevent any use of the treated crop/site for food or feed for a period no less than 365 days. Such food or feed item may include, but is not limited to crop, forage (including grazing rangeland or pasture), green chop, hay, seed screenings, silage, and straw. The department requires documentation of food or feed item destruction or crop/site isolation as a condition of the experimental use permit. (17) The department may monitor any pesticide used for experimental or research purposes. Monitoring may include, but is not limited to: (a) Observing, inspecting, and documenting mixing, loading, transportation, and application activities; (b) Inspecting and documenting application equipment; (c) Collecting and analyzing samples; (d) Interviewing any person that may have knowledge regarding the pesticide use; and (e) Reviewing any records. (18) The permit holder or the person that conducted the pesticide use must immediately report to the department any adverse environmental, human, or animal health effects resulting from pesticides used for experimental or research purposes. (19) In addition to any other liability or penalty provided by law, any failure by any person to comply with the provisions of this section, as determined by the department, may be used as a basis for one or more of the following actions, if applicable: (a) To revoke, suspend or refuse to issue an experimental use permit, in accordance with ORS 634.022 or 634.322(6); (b) To revoke, suspend or refuse to issue any license of a permit holder or of a person that conducted a pesticide use for experimental or research purposes, in accordance with ORS 634.322(4); (c) To impose a civil penalty, in accordance with ORS 634.900.