ORS 616.366: Rules for use of poisons, pesticides, food or color additives; matters to be considered.

(1) The State Department of Agriculture, whenever public health or other considerations in this state so require, is authorized to adopt, amend or repeal rules whether or not in accordance with rules promulgated under the federal Act, prescribing therein tolerances for: (a) Any added, poisonous or deleterious substances; (b) Food additives; (c) Pesticide chemicals in or on raw agricultural commodities; or (d) Color additives. (2) Such authority includes but is not limited to: (a) Zero tolerances, and exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities; (b) Prescribing the conditions under which a food additive or a color additive may be safely used; and (c) Exemptions where such food additive or color additive is to be used solely for investigational or experimental purposes. (3) Such rules may be promulgated upon the department’s own motion or upon the petition of any interested party requesting that such rules be promulgated. It is incumbent upon a petitioner to establish by data submitted to the department that a necessity exists for such rule, and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the department to determine whether such rule should be promulgated, the department may require additional data be submitted and failure to comply with the request shall be sufficient grounds to deny the request. (4) In adopting, amending or repealing such rules the department shall consider, among other relevant factors, the following which the petitioner, if any, shall furnish: (a) The name and all pertinent information concerning such substance, including where available, its chemical identity and composition; (b) A statement of the conditions of the proposed use including directions, recommendations and suggestions; (c) Specimens of proposed labeling; (d) All relevant data bearing on the physical or other technical effect and the quantity required to produce such effect; (e) The probable composition of any substance formed in or on a food resulting from the use of such substance; (f) The probable consumption of such substance in the diet of humans and animals taking into account any chemically or pharmacologically related substance in such diet; (g) The safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the use or uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data; (h) The availability of any needed practicable methods of analysis for determining the identity and quantity of such substance in or on an article, any substance formed in or on such article because of the use of such substance, and the pure substance and all intermediates and impurities; and (i) Facts supporting a contention that the proposed use of such substance will be a useful one. [1973 c.227 §22 (enacted in lieu of 616.365)]