Permanent rules to implement new pesticide license type and enforcement authority (implement HB 4062 and 2031)
ODA adopted permanent rules to implement House Bill 4062 (2022) and House Bill (2021). HB 4062 created a new "noncommercial" applicator license type, while HB 2031 granted ODA new authority related to Restricted Use Pesticides (RUP). These permanent rules are effective November 17, 2023.
Proposed Rulemaking to Implement HB 4062 and HB 2031
On October 2, 2023, the Oregon Department of Agriculture (ODA) proposed new and amended rules to implement HB 4062 (2022) and HB 2031 (2021). HB 4062 created the new “noncommercial” applicator license types and HB 2031 granted new authority to ODA related to Restricted Use Pesticides. Additional information is available below:
HB 4062 and HB 2031 implementation workgroup
The Oregon Department of Agriculture’s (ODA) workgroup advised the Department on the implementation of HB 4062 (2022), which created two new “noncommercial” license types, and HB 2031 (2021), which was required to maintain compliance with recent changes in federal regulations. The goal for this committee was to explore implementation strategies, consistent with federal and state law, that reduce the complexity and burden of pesticide licensing requirements without reducing existing protections for humans and the environment.
Members of the workgroup included leaders and experts from a wide cross section of interests and expertise, including industry, agriculture, and environmental justice groups.
Pesticide registration fee rulemaking
On July 29, 2022, the Oregon Department of Agriculture (ODA) filed a proposal to amend language in Oregon Administrative Rule (OAR) 603-057-0006. The proposal amended the rule by increasing the annual nonrefundable registration fee for each pesticide and each formula or formulation to $360.00, beginning the 2023 calendar year. This rule also proposed to make the fee nonrefundable.
ODA held a virtual public hearing August 17, and public comments were accepted from 8 a.m. August 17 until 5 p.m. August 31, 2022, Pacific Time Zone. Comments were reviewed and considered.
Update: The final permanent rule has been filed and is effective September 21, 2022. The language reads:
603-057-0006
Pesticide Registration Fees
(1) The annual registration fee for each pesticide product for calendar year 2022 shall be $320.
(2) Beginning for calendar year 2023 pesticide product registration, the annual nonrefundable registration fee for each pesticide product shall be $360.