OAR 845-025-2070: Pesticides, Fertilizers and Agricultural Chemicals

(1) Pesticides. A producer may only use pesticides in accordance with ORS chapter 634 and OAR chapter 603, division 57. (2) Fertilizers, Soil Amendments, Growing Media. A producer may only use fertilizer, agricultural amendments, agricultural minerals and lime products in accordance with ORS chapter 633. (3) In addition to other records required by these rules, a producer must maintain, at all times and on the licensed premises: (a) The safety data sheet (SDS) for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana; (b) The original label or a copy thereof for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana; and (c) A log of all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana. The log must include: (A) The information required to be documented by a pesticide operator in ORS 634.146; and (B) The unique identification tag number of the cultivation batch or marijuana plant batch to which the product was applied, or if applied to all plants on the licensed premises a statement to that affect. (4) A producer may maintain the records required under this rule in electronic or written form. If electronic, a producer shall maintain a backup system or sufficient data storage so that records are retained for no less than two years after harvest of any marijuana on which documented products were used. If written, a producer shall ensure that the records are legible and complete, shall keep them in a safe and secure location, and shall retain the records for no less than two years after harvest of any marijuana on which documented products were used. (5) A producer must make the records required under this rule immediately available during a premises inspection by a Commission regulatory specialist. If the Commission requests copies of the records at any time other than during a premises inspection, a producer shall produce the records upon request. (6) Violations. (a) A violation of section (1) of this rule is a Category I violation and could result in license revocation. (b) A violation of section (2) of this rule is a Category II violation. (c) Notwithstanding subsection (a) of this section, if a licensee accepts responsibility for an illegal pesticide application through Department of Agriculture’s Marijuana Compliance Assistance Program and successfully completes the program, the licensee will receive a notice of warning for their first violation. Any subsequent violations are Category I violations. (d) Failure to keep complete records as required by section (3) of this rule is a Category III violation. Failure to keep records on the licensed premises, or failure to timely produce records, is a Category III violation.