oda pesticide bulletin – spring 2018 · page 2 oda pesticide bulletin on the label. if you use...

BulletinODA Pesticide

ISSUE 52 | SPRING 2018 OREGON DEPARTMENT OF AGRICULTURE PESTICIDE PROGRAM

See NRPA Director, Page 3

See Dicamba, Page 2

Dicamba: What you need to know about label, training changes in 2018

During the 2017 growing season, an unusually high number of dicamba-related crop injury incidents were reported to pesticide regulators in multiple states in the Midwest and Southern U.S. To minimize the chance of a repeat in 2018, pesticide manufacturers voluntarily have agreed to new requirements reflected as federal label changes for three products: Engenia, Xtendimax, and FeXapan. Each of these products is labeled for “over-the-top” use on dicamba-tolerant soybeans and cotton. While these specific use sites are not applicable to Oregon, the label changes will impact applicators who use these products for other labeled uses.

Will this affect all dicamba products in Oregon?No, only three dicamba products will be subject to these special label

changes. In Oregon, only Engenia Herbicide (EPA Reg. No. 7969-345) will be registered in 2018. The other two products, Xtendimax and FeXapan, will not be registered in Oregon for 2018.

Will this affect me if I use Engenia but don’t grow dicamba-tolerant soybeans and cotton?

Yes. The new requirements on this pesticide label apply to all uses

March brings a changing of the guard in leadership of the Natural Resource Program Area (NRPA) at Oregon Department of Agriculture.

Ray Jaindl, who has worked for the agency since December 1993, is retiring as director of NRPA, which includes the Pesticide Program, as well as Fertilizer, Confined Animal Feeding Operations (CAFO), Agricultural Water Quality, Soil and Water Conservation Districts, and Smoke Management programs. His replacement is Stephanie Page.

Page, who served as the director of ODA’s Food Safety and Animal Health programs, has worked at ODA since December 1999. Beginning as a water quality planner, her other

Page to lead Natural Resources as Jaindl retires after 25 years at ODA

3Oregon Bee Project makes it easier to find resources424(C) Special Local Need pesticide registrations7CDC releases study on injury, illness related to foggers8Fertilizer program releases microbe analyses results9Fertilizer violations list10Waste pesticide collection events scheduled12Pesticide violations list13Be aware of zinc phosphide applications16Licensing questions answered

In this issue

11Citizen advocate and liaison helps you get answers

Jaindl

Page

ODA PESTICIDE BULLETIN

on the label. If you use Engenia, you will need to comply with these new requirements.

What changes were made to the label?In brief, the following changes have been made:• Newly classified as a Restricted Use Pesticide

(RUP);• Dicamba-specific training required for all

applicators;• Additional recordkeeping requirements for all

applicators;• Limits applications to wind speed between

3 and 10 mph;• Prohibits nighttime applications (allowed only

from sunrise to sunset);• Includes new tank clean-out language;• Enhanced susceptible crop language;• Expiration date: Use of the product is

prohibited after Dec. 20, 2018, unless EPA renews the registration.

Where can I get the required dicamba-specific training?

BASF, the manufacturer of Engenia, is offering an online course that meets the label-mandated training requirement. You can access that training here: https://www.engeniastewardship.com/#/training. After you complete this training, which will take about an hour to complete, email a copy of your certificate of completion to ODA at: [email protected].

Michael BabbittPesticide enforcement case review

(503) [email protected]

Ben BeelesPesticide investigator ~ Salem


Colton BondPesticide registration & certification specialist


Theodore Bunch Jr.PARC coordinator


Judith CallensPolicy analyst

(503) 986-4638 [email protected]

Kirk CookPesticide stewardship specialist


Cory Cooley Pesticide investigator ~ Hermiston


Matt DowlessPesticide investigator ~ Ontario


Erin FitchPesticide support, user certification/licensing


Marta Frias BedollaRegistration program assistant


Laurie GordonCertification and licensing specialist


Matt HaynesFertilizer specialist


Michael HertelFertilizer specialist


Christina HigbyCitizen advocate liaison


Jeff IslerPesticide investigator ~ Central Point


Grant JacksonPesticide registration & outreach specialist


Rose KachadoorianRegulatory team leader


Ann KetterPesticide enforcement case review


Paul KhokharPesticide investigator ~ Springfield


Jenny MarinPesticide investigator


Wym MatthewsFertilizer program manager


Dale MitchellCompliance program manager


Keawe MolifuaPesticide investigator ~ Salem


Brent NicolasPesticide investigator ~ Bend


Mike OdenthalLead pesticide investigator ~ Salem


Stephanie PageDirector, Natural Resources & Pesticides


Heidi PenrodOffice manager


David PriebePesticide registration specialist


Toby PrimbsFertilizer specialist


Nolan Quinn Pesticide support, user certification/licensing


Andrea SonnenPesticide enforcement case review


Isaak StapletonPesticide investigator ~ Salem


Gilbert UribePesticide registration & certification specialist


Tash WilsonPesticide investigator ~ Springfield


Andy ZimmermanPublications & web specialist


CONTACT US

Dicamba, from Page 1

Whether you’re applying pesticides in a garden, urban, or agricultural setting, the Oregon Bee Project is making it easier than ever to find the resources you need to make informed decisions when it comes to pesticides and pollinator protection.

Initiated in 2017, the Oregon Bee Project is a cooperative effort between the Oregon Department of Agriculture (ODA), Oregon State University (OSU) Extension Service, and the Oregon Department of Forestry. These collaborators, together with leaders in industry, education, and research, are launching several initiatives to maintain the health of an estimated 500 bee species living within the state.

One initiative, led by OSU Pollinator Health, the Oregon State Beekeepers Association, and ODA, is to increase trainings and create new training materials for pesticide applicators in the state. With the goal of reducing the risk to bees from direct pesticide exposure, and exposure from treated foilage, the Oregon Bee Project is creating learning opportunities for pesticide applicators as part of existing licensing procedures. The new content includes information

about how pesticide exposure can occur, pesticide properties, and residual toxicity. Additionally, as these materials are developed and curated, they will be made available at a central cross-agency website: www.oregonbeeproject.org. Visit the site to learn more about this project and the resources that are available to you.

NRPA Director, from Page 1


positions included serving as Conservation Reserve Enhancement Program coordinator, compliance and planning lead in the Agricultural Water Quality Program, renewable energy specialist, monitoring specialist, and special assistant to the director.

“I’m excited to be back in NRPA,” Page said. “I really love the natural resource and pesticide topics that we work on in our programs, the way that our staff and partners go about their work, and the customers and stakeholders that we get to work with.”

Jaindl began his career at ODA as a range and riparian specialist to help with the implementation of a pilot program called the Oregon Watershed Health Program. The program’s goal was to have Oregon’s natural resources agencies all represented and coordinating to get projects done in northeast and southwest Oregon to address natural resource issues related to salmon.

Jaindl then became a natural resource specialist to help with implementation of the Agricultural Water Quality Program. The Oregon Watershed Health Program was replaced by Gov. John Kitzhaber’s Oregon

Plan for Salmon and Watersheds in 1997.Jaindl became the assistant administrator for the

Natural Resource Division around 1996. A decade later, he was named administrator. After the Pesticide administrator retired in 2012, the pesticide and fertilizer programs were added to Jaindl’s portfolio to enhance coordination among the programs. His title later was changed to Director of the Natural Resource and Pesticide Programs.

“Given the diversity of my experience with the agency, I have been honored with the opportunity to work across the state with many farmers, ranchers, their representatives, the Board of Agriculture, other agencies, and members of the legislature,” Jaindl said. “I have observed tremendous progress and development by the agricultural industry in their understanding of the complex issues related to water quality and endangered species. I am very pleased to know that Stephanie Page will be taking over this role.

“I have no doubt she will do a fantastic job achieving the department’s natural resource and pesticide responsibilities, and assisting farmers and ranchers in meeting state goals for water quality and conservation.”

Bee Project makes it easier to find pollinator resources

NEW SLNs

Product Ingredient Crop Pest Registrant EPA Reg # OR SLN # Note

Ziram 76DF Ziram Hazelnuts (Filberts) Eastern Filbert Blight

United Phosphorus Inc.

70506-173 OR-180001 Add aerial application

Captan 4L Captan Easter lily Root rot Drexel Chemical Co. 19713-644 OR-180002 Replaces OR-030029

REVISED SLNs


Telone II 1,3-dichloropro-pene

Cropland Perennial weeds Dow AgroSciences

62719-32 OR-940038 Expires 12/31/2022

Beacon Herbicide Primisulfuron- methyl

Kentucky bluegrass grown for seed

Weeds Syngenta Crop Protection

100-705 OR-960025 Expires 12/31/2022

Goal 2XL Oxyfluorfen Onions - Sprinkler irrigation

Weeds Dow AgroSciences

62719-424 OR-020027 Expires 12/31/2022

Dithane DF Rainshield

Mancozeb Small-seed vegetable seed crops

Various diseases Dow AgroSciences

62719-402 OR-020030 Expires 12/31/2022

Stinger Clopyralid Cranberries Weeds Dow AgroSciences

62719-73 OR-030009 Expires 12/31/2022

Caparol 4L Prometryn Carrot, coriander, parsley grown for seed


100-620 OR-040002 Expires 12/31/2022

Fusilade DX Fluazifop-p-butyl Alfalfa grown for seed Quackgrasss Syngenta Crop Protection

100-1070 OR-040006 Expires 12/31/2022

Dual Magnum S-metolachlor Alfalfa grown for seed Weeds Syngenta Crop Protection

100-816 OR-040007 Expires 12/31/2022

Dual Magnum S-metolachlor Dry bulb onions Weeds Syngenta Crop Protection

100-816 OR-040009 Expires 12/31/2022

Dual Magnum S-metolachlor Meadowfoam grown for seed


100-816 OR-040011 Expires 12/31/2022

Aliette WDG Fungicide

Fosetyl-Al Hops Downy mildew Bayer CropScience

264-516 OR-040018 Expires 12/31/2023

Prowl H2O Pendimethalin Dry bulb onions Dodder BASF Corporation 241-418 OR-060008 Expires 12/31/2023

Endura Boscalid Crimson clover grown for seed

Sclerotinia BASF Corporation 7969-197 OR-070001 Expires 12/31/2023

Galigan 2E Oxyfluorfen Carrots grown for seed Weeds Makhteshim Agan 66222-28 OR-070003 Pending

Tre Hold Sprout Inhibitor

Ethyl 1-naphthale-neacetate

Christmas trees Leader length control

AMVAC Chemical Corp.

5481-460 OR-070005 Expires 12/31/2023

Brigade 2EC Insec-ticide/Miticide

Bifenthrin Alfalfa grown for seed Aphids, lygus, spider mites

FMC Corporation 279-3313 OR-070011 Expires 12/31/2023


Bifenthrin Meadowfoam grown for seed

Scaptomyza fly FMC Corporation 279-3313 OR-070012 Expires 12/31/2023


Bifenthrin Clover grown for seed Aphids, lygus, spider mites



Bifenthrin Carrot, parsley grown for seed

Aphids, lygus, spider mites


Assail 70WP Insecticide

Acetamiprid Alfalfa grown for seed Lygus bugs Nippon Soda Co. Ltd.

8033-23 OR-070017a Expires 12/31/2022

Assail 70WP Insecticide

Acetamiprid Alfalfa grown for seed Lygus bugs United Phosphorus Inc.

8033-23-70506

OR-070017c Expires 12/31/2022

Stealth Herbicide Pendimethalin Clover grown for seed Weeds Loveland Products Inc.

34704-868 OR-070025 Pending

FIFRA SECTION 24(C) SPECIAL LOCAL NEED (SLN) PESTICIDE REGISTRATIONSActivities from Sept. 26, 2017 to March 23, 2018



Stealth Herbicide Pendimethalin Grasses grown for seed - Established

Weeds Loveland Products Inc.

34704-868 OR-070026 Pending

Select Max Clethodim Meadowfoam grown for seed

Weeds OMG, Meadow-foam Growers

59639-132 OR-080001 Expires 12/31/2023

Rally 40WSP Myclobutanil Evergreen blackberry Blackberry rust Dow AgroSciences

62719-410 OR-080002 Expires 12/31/2022

Simazine 4L Simazine Crucifer crops grown for seed

Weeds Drexel Chemical Co.

19713-60 OR-090014 Expires 12/31/2023

Mertect 340-F Thiabendazole Crimson clover and Crucifer crops grown for seed

Seed-borne diseases

Syngenta Crop Protection

100-889 OR-100014 Expires 12/31/2022

Finale Glufosinate- ammonium

Dry irrigation canals and drainage ditches

Glyphosate- tolerant creeping bentgrass

Bayer Environmental Sci.

432-1229 OR-110006 Expires 12/31/2023

Kerb SC Pronamide Orchardgrass grown for seed


62719-578 OR-110013 Expires 12/31/2022

Kerb SC Pronamide Grasses grown for seed - Fall carbon-seeded


62719-578 OR-110014 Expires 12/31/2022

Kerb SC Pronamide Sugar beets grown for seed


62719-578 OR-110015 Expires 12/31/2022

Curio Herbicide Chlorimuron ethyl Cranberries Creeping buttercup

Nufarm Inc. 71368-82 OR-120001 Expires 12/31/2022

Curbit EC Herbicide Ethalfluralin Dill grown for oil Weeds Loveland Products Inc.

34704-610 OR-120002 Pending

Mocap EC Nemati-cide-Insecticide

Ethoprop Snap beans Garden symphylans


5481-9041 OR-120004 Expires 12/31/2023


Ethoprop Easter lily Garden symphylans


5481-9041 OR-120005 Expires 12/31/2023


Ethoprop Sugar beets grown for seed

Garden symphylans


5481-9041 OR-120006 Expires 12/31/2023

Stinger Clopyralid Radish grown for seed Weeds Dow AgroSciences

62719-73 OR-120010 Expires 12/31/2022

Entrust SC Spinosad Cherries Spotted wing drosophila

Dow AgroSciences

62719-621 OR-120013 Expires 12/31/2022

Gramoxone SL 2.0 Paraquat dichlo-ride

Alfalfa grown for seed Harvest aid desiccation

Syngenta Crop Protection

100-1431 OR-120014 Expires 12/31/2022

Direx 4L Herbicide Diuron Easter lily Weeds Makhteshim Agan 66222-54 OR-120015 Expires 12/31/2022

Fusliade DX Fluazifop-p-butyl Prairie and riparian conservation

Grass weeds Syngenta Crop Protection

100-1070 OR-120016 Expires 12/31/2022

Glufosinate 280 Herbicide

Glufosinate- ammonium

Grasses grown for seed Weeds Orion GFS LLC 88685-2 OR-120017a Expires 12/31/2022

Reckon 280SL Herbicide

Glufosinate- ammonium

Grasses grown for seed Weeds Solera ATO LLC 88685-2-84237

OR-120017b Expires 12/31/2022

Kerb SC Pronamide Christmas trees Weeds Dow AgroSciences

62719-578 OR-120019 Expires 12/31/2022


Ethoprop Blueberries - nonbearing

Garden symphylans


5481-9041 OR-120020 Expires 12/31/2023

Agri-mek SC Miticide-Insecticide

Abamectin Alfalfa grown for seed Spider mites Syngenta Crop Protection

100-1351 OR-120021 Expires 12/31/2022

Zinc Phosphide Concentrate

Zinc Phosphide Alfalfa and grass hay and pasture

Belding's ground squirrel

USDA-APHIS 56228-6 OR-130002 Expires 12/31/2020

Malathion 8 Aquamul

Malathion Blueberries and caneberries

Spotted wing drosophila

Loveland Products Inc.

34704-474 OR-130013 Pending

REVISED SLNs



PENDING SLNs

Product Ingredient Crop Pest Registrant EPA Reg # OR SLN #

Diazinon AG 500 Diazinon Parsnips Carrot rust fly Makhteshim ADAMA 66222-9 OR-Pending (will replace OR-070018

Eptam 7-E EPTC Meadowfoam Weeds Gowan Company 10163-283 Pending (new use)

Onager Optek Hexythiazox Alfalfa grown for seed

Mites Gowan Company 10163-337 Pending (will replace OR-070008)

ABBA Ultra Miticide/Insecticide

Abamectin Alfalfa grown for seed

Mites AMVAC Chemical Corp. 5481-621 Pending (will replace OR-150011)

Parazone 3SL Herbicide

Parquat dichloride Alfalfa grown for seed

Harvest aid desiccation

AMVAC Chemical Corp. 5481-615 Pending (will replace OR-140009)

Bravo Ultrex Chlorothalonil Sugar beets grown for seed

Downy mildew Makhteshim/ADAMA 66222-277 Pending (will replace OR-990039)

Bravo Weather Stik Chlorothalonil Sugar beets grown for seed

Downy mildew Makhteshim/ADAMA 66222-276 Pending (will replace OR-990040)

CANCELLED SLNs

Product Ingredient Crop Pest Registrant EPA Reg # OR SLN # Cancel Reason

Treflan TR10 Trifluralin Alfalfa grown for seed Dodder Dow AgroSciences 62719-131 OR-900019 Use now on OR-170015

Sonolan HFP Ethalfluralin Alfalfa grown for seed Dodder, Nightshade

Dow AgroSciences 62719-188 OR-940037 Use now on OR-170010

Basagran Bentazon Alfalfa grown for seed Canada thistle, mayweed

BASF Corporation 7969-45 OR-950033a Use now on Basagran 5L label

Basagran Bentazon Alfalfa grown for seed Canada thistle, mayweed

Arysta LifeScience N.A.

7969-45-66330 OR-950033b Use now on Basagran 5L label

Stinger Clopyralid Meadowfoam grown for seed

Weeds Dow AgroSciences 62719-73 OR-970024 Cancelled by Registrant

Goal 2XL Oxyfluorfen Grasses grown for seed - Established

Weeds Dow AgroSciences 62719-424 OR-990006 Use now on Sec. 3 label

Kerb 50W Pronamide Grasses grown for seed - Fall carbon-seeded

Weeds Dow AgroSciences 62719-397 OR-990008 Use now on OR-110014


Downy mildew G.B. Biosciences Inc.

50534-201 OR-990039a Product trans-ferred to ADAMA


Downy mildew Syngenta Crop Protection

50534-201-100 OR-990039b Product trans-ferred to ADAMA

Bravo Weather Stik

Chlorothalonil Sugar beets grown for seed

Downy mildew G.B. Biosciences Inc.

50534-188 OR-990040a Product trans-ferred to ADAMA

Bravo Weather Stik

Chlorothalonil Sugar beets grown for seed

Downy mildew Syngenta Crop Protection

50534-188-100 OR-990040b Product trans-ferred to ADAMA

Goal 2XL Oxyfluorfen Perennial rygrass and tall fescue - New seedings

Weeds Dow AgroSciences 62719-424 OR-990036 Use now on Sec. 3 label

Goal 2XL Oxyfluorfen Blackberries Primocane suppression

Dow AgroSciences 62719-424 OR-020024 Use now on Sec. 3 label

To date, EPA has approved one FIFRA Section 18 emergency exemption for Oregon in 2018. The exemption authorizes applications of the product Tough 5EC Herbicide (not currently EPA registered, active ingredient pyridate) to mint for postemergence

broadleaf weed control. It can only be applied during regrowth after the first harvest in double-cut mint production. The field application window for this Section 18 exemption (18OR01) will not begin until June 20 and will expire on Aug. 10, 2018.

CURRENT SECTION 18 EXEMPTIONS


Goal 2XL Oxyfluorfen Raspberries Primocane suppression


Goal 2XL Oxyfluorfen Blackberries - nonbearing

Primocane suppression


Kerb 50W Pronamide Sugar beets grown for seed


Drexel Captan 4L Fungicide

Captan Easter lily Root rot Drexel Chemical Co.

19713-156 OR-030029 Use now on OR-180002

Fulfill Pymetrozine Root vegetables grown for seed

Aphids Syngenta Crop Protection

100-912 OR-040004 Product trans-ferred to ADAMA

Fulfill Pymetrozine Alfalfa grown for seed Aphids Syngenta Crop Protection

100-912 OR-040005 Product trans-ferred to ADAMA

Kerb 50W Pronamide Christmas trees - Aerial application


Brigade 2EC Insecticide/Miticide

Bifenthrin Christmas trees Spruce spider mites, root weevil

FMC Corporation 279-3313 OR-070015 Use now on Sec. 3 label

CDC releases study on injury and illness related to foggersTotal release foggers, also known as “bug bombs,” are

pesticide products containing aerosol propellants that release their contents at once to fumigate an area. These products often are used around the home to kill insect pests.

The Centers for Disease Control and Prevention (CDC) published a study in February looking at fogger incidents reported in 10 states from 2007-15.

Although the vast majority of exposures resulted in low to moderate symptoms, many of the most common causes were within the control of the applicator and/or resident.MOST COMMON CAUSES OF EXPOSURE:

• Failure to leave the premises during application (not just the particular room being treated) (16.6 percent of all exposures)

• Early entry (for example, to turn off smoke alarms, or retrieve pets or other items) (14.8 percent)

• Failure to vacate room before fogger discharge begins (10.7 percent)

• Inadequate ventilation following application and before reentry (9.2 percent)

• Nozzle malfunction or incorrect fogger activation, causing the product to unintentionally discharge (9.0 percent).

This CDC report tells us that many incidents can be prevented through improved communication.

IDEAS FOR PREVENTION: • Provide guidance (such as a checklist) to your

customer about necessary preparations, such as what to do with food, cookware, smoke detectors, pets, etc.

• Consider doing a walkthrough of the building (not just the room being treated) before the application.

• Make sure your customers (and the residents) know how long they need to remain out of the building. If you’ve left this information with a property manager, are they relaying this information to the residents? Most fogger labels require that occupants leave for 2-4 hours, and some also require leaving for 2-4 hours during ventilation.

• Post signs at entry points (e.g., front and back door) that identify the hazard and include your contact information.

• Assume that you will encounter a faulty fogger at some point. Make sure it always is pointed away from your face. Think about your storage and transportation practices and emergency protocols.

ONLINE: https://oda.fyi/FoggerStudy

CANCELLED SLNs

Product Ingredient Crop Pest Registrant EPA Reg # OR SLN # Cancel Reason


House bill changes pesticide penalties and licensingDuring the 2015 regular session, the 78th Oregon

Legislative Assembly made amendments to parts of Oregon Revised Statutes (ORS) Chapter 634, Pesticide Control Law, through House Bill (HB) 3549. The changes created by HB 3549 affected civil penalties and licensing. The bill provided ODA the authority to:

• “Suspend, revoke or refuse to renew a license, certificate or other authorization issued to a person under this chapter, if the person fails to pay a civil penalty under ORS 634.900 on or before 90 days after the date that the order imposing the civil penalty becomes final by operation of law or on appeal” [ORS 634.375]

• Increase the maximum allowable civil penalty for a first violation, from $1,000 to $2,000 [ORS 634.900(1)]

• Increase the maximum allowable civil penalty for a subsequent violation, from $2,000 to $4,000 [ORS 634.900(1)]

• Require license holders to “retake any examination required for issuance of a license, certificate or other authorization that the individual holds or is required to hold for activities related to pesticides” [ORS 634.148], if the license holder has committed a violation that “indicates an inadequate knowledge of the laws and rules applicable to pesticides, in addition to any other available penalty or sanction” [ORS 634.148]. If the individual then fails those exams, ODA has the authority to “suspend, revoke or refuse to renew the license, certificate or other authorization of the individual” [ORS 634.148(2)].

Since late 2013, ODA’s Fertilizer Program staff have been collecting marketplace samples of fertilizer, agricultural mineral, and agricultural amendment products with the purpose of evaluating label guarantees of live microbial contents. Sampled products range from small-package consumer products to 275-gallon shuttles destined for farm use.While the evaluation of plant nutrient and lime guarantees is a longstanding and routine activity for most state fertilizer programs, the evaluation of microbial guarantees on products sampled in the marketplace is not commonplace. ODA is the only state Fertilizer Program routinely evaluating microbial guarantees.To date, 116 microbial samples have been collected and evaluated. To be considered in compliance, a product sample must contain at least 85 percent of the label guarantee of each microbe claimed.RESULTS74 samples were evaluated for Bacillus sp. content:10 samples met their product label guarantees (13.5 percent)64 samples failed to meet their product label guarantees (86.5 percent)33 samples were evaluated for Trichoderma sp. content:

33 samples failed to meet their product label guarantees (100 percent)21 samples were evaluated for Pseudomonas sp. content:21 samples failed to meet their product label guarantees (100 percent)43 samples were evaluated for Arbuscular Mycorrhizal Fungi (Rhizophagus sp., Gigaspora sp., etc.) content:4 samples met their product label guarantees (9.3 percent)39 samples failed to meet their product label guarantees (90.7 percent)Oregon Revised Statutes (ORS) 633.321 requires microbial guarantees to be made at the Genus and species level. Samples so far have been evaluated only to the genus level. ODA has the ability, through polymerase chain reaction (PCR) analyses, to evaluate down to the species level. However, so few samples have passed at the genus level that additional identification has been unnecessary.ODA will continue to sample and analyze microbial products. ODA also will continue to work with the Association of American Plant Food Control Officials to promote nation-wide standardization so Oregon consumers and manufacturers receive products that meet their label guarantees.

FERTILIZER PROGRAM RELEASES MICROBE ANALYSES RESULTS

ONLINE: Oregon Revised Statutes: https://oda.fyi/ORS634

House Bill 3549: https://oda.fyi/HB3549

The Oregon Department of Agriculture’s email lists have been consolidated.This means that you can go to one page to click on all of the lists to which you would like to subscribe. There also is a link to sign up at the bottom of the ODA homepage. To join or unsubscribe to any of the ODA lists, go to https://oda.fyi/Subscribe to enter your email address and check the boxes for the lists to which you would like to subscribe.

SUBSCRIBE TO ODA EMAIL UPDATES

FERTILIZER VIOLATIONSNotices of Violation IssuedJuly through December 2017

Party Cited # of violations Violation

Ag Specialties, LLC 1 ORS 633.366(1)(a)

Biological Crop Solutions, LLC 14 ORS 633.366(1)(e)

Biological Crop Solutions, LLC 7 ORS 633.366(1)(a)

Burningham Enterprises 1 ORS 633.366(1)(a)

Clayton's Calcium Inc. 2 ORS 633.366(1)(a)

Diversified Waterscapes, Inc. 2 ORS 633.366(1)(a)

Douglas County Farmers Co-Op 2 ORS 633.366(1)(a)

Dragonfly Earth Medicine 4 ORS 633.366(1)(a)

Elevation Organics, Inc. 2 ORS 633.366(1)(a)

Elevation Organics, Inc. 6 ORS 633.366(1)(e)

Greenacres Gyspum & Lime, Inc 1 ORS 633.366(1)(a)

Greenacres Gyspum & Lime, Inc 1 ORS 633.366(1)(e)

Hydroponic Research, Inc. 1 ORS 633.366(1)(a)

J.R. Peters, Inc. 1 ORS 633.366(1)(e)

J.R. Peters, Inc. 1 ORS 633.366(1)(n)

JH Biotech, Inc. 1 ORS 633.366(1)(e)

L & L Nursery Supply, Inc. 1 ORS 633.366(1)(e)

Left Coast Wholesale (RBD Online, Inc.)

1 ORS 633.366(1)(e)

Lignotech USA, Inc. 1 ORS 633.366(1)(a)

Lignotech USA, Inc. 1 ORS 633.366(1)(e)

NutriAg Ltd. 3 ORS 633.366(1)(a)

PCS Sales (USA), Inc. 1 ORS 633.366(1)(a)

Potentgrow, LLC 1 ORS 633.366(1)(a)

Precision Laboratories, LLC 1 ORS 633.366(1)(a)

Redwood Nursery 2 ORS 633.366(1)(e)

Solucal-USA Ltd. 1 ORS 633.366(1)(e)

Stumptown Nutrients, LLC 4 ORS 633.366(1)(a)

Stumptown Nutrients, LLC 7 ORS 633.366(1)(e)

The Scotts Miracle-Gro Company 8 ORS 633.366(1)(a)

The Scotts Miracle-Gro Company 1 ORS 633.366(1)(e)

Civil Penalties IssuedJuly through December 2017

Party Cited # of violations Violation Amount

Sunlight Supply, Inc (Na-tional Garden Wholesale)

3 ORS 633.366(1)(e) $1,125

Crop Production Services, Inc.

8 ORS 633.366(1)(e) $3,000


3 ORS 633.366(1)(a) $1,125


1 ORS 633.366(1)(j) $500

Loveland Products, Inc. 3 ORS 633.366(1)(a) $1,125

Sun Gro Horticulture Distribution Inc.

1 ORS 633.366(1)(a) $2,500

Sun Gro Horticulture Distribution Inc.

25 ORS 633.366(1)(e) $62,500

J.R. Peters, Inc. 1 ORS 633.366(1)(g) $500

J.R. Peters, Inc. 1 ORS 633.366(1)(a) $375

• ORS 633.366(1)(a) Distribute mislabeled products• ORS 633.366(1)(e) Distribute a fertilizer, agricultural

amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362

• ORS 633.366(1)(g) Make false or fraudulent applications, records, invoices or reports

• ORS 633.366(1)(j) Distribute, use or remove any product subjected to a stop sale, use or removal order until the product has been released in accordance with ORS 633.445

• ORS 633.366(1)(n) Fail, refuse, or neglect to pay inspection fees required under ORS 633.461

Fertilizer violations key


Note: The Notices of Violation and Civil Penalties listed above have been confirmed as or followed by Final Orders.


More waste pesticide collection events scheduled this year

The Pesticide Stewardship Partnership (PSP) program was established by the Oregon Legislature to promote the protection of the state’s water resources from the legal storage, handling, and application of pesticides.

The PSP program is voluntary and began in 2007. It is designed to engage citizens and agricultural, forestry, and industrial stakeholders in assessing the current condition of local water bodies (surface and ground) and cooperatively developing measures that will reduce or eliminate future occurrences of detected pesticide residues.

One element of the program is the establishment of waste pesticide collection events. These events are held to provide commercial pesticide users (growers, commercial applicators, research institutions, and pesticide dealers) a mechanism to safely dispose of unused, unwanted, or outdated pesticides, free of charge. Disposal of this material outside of a PSP collection event generally carries a significant cost and requires scheduling with a certified hazardous waste contactor.

The PSP collection events are held throughout the state, based on need and feedback from the agricultural community. Since 2010, the program has collected approximately 400,000 pounds of unused, unwanted, or outdated pesticides from close to 700 participants.

In order to take advantage of this program, the pesticide owner must complete an inventory sheet and submit it to ODA’s hazardous waste contractor before to the scheduled event.

If you have questions about waste pesticide collection events, contact Kirk Cook at [email protected] or at (541) 841-0074.

Empty, triple-rinsed plastic pesticide containers also will be collected during these events.

FUTURE COLLECTION EVENTSJune 1: Molalla

September: Coos Bay

November: McMinnvilleDetails will be posted 30-45 days before the collection at www.oda.direct/PesticideStewardship

About 400,000 pounds of unused, unwanted, or outdated pesticides have been gathered at waste pesticide collection events since 2010.


The 2015 Oregon Legislature passed a law (HB 3549) that provided ODA the authority to raise pesticide product registration fees. This additional revenue allowed ODA to add staff to the Pesticide Program, one of which was the citizen advocate and liaison position. The new position was filled with the hiring of Christina Higby, whose primary role is to be a point of contact for people who feel they have been impacted by pesticide application activities or who have pesticide-related questions.

The position was created in response to concerns that citizens and other interested parties did not always have a good way to obtain information about an investigation resulting from a complaint. Pesticide investigations often take six months or more to complete, and the citizen advocate can provide two-way communication throughout the process. It is important for Oregonians to know how the state responds to pesticide use complaints and concerns, what resources are available to them, and how the process works.

As the citizen advocate, Christina also assists individuals who are seeking general information about

pesticides or have questions and concerns they would like to discuss.

“I often get contacted from individuals who just want to be heard,” Higby said. “This position allows me to provide that level of service and undivided attention citizens are hoping to receive.”

Additionally, Christina is able to provide resources that many people are unaware of. One of the most common resources she recommends is the National Pesticide Information Center (NPIC). NPIC provides objective, science-based information about pesticides and pesticide-related topics to enable people to make informed decisions. To learn more, visit the NPIC website at www.npic.orst.edu.

Another resource Christina wants people to know about is the Pesticide Analytical and Response Center (PARC), housed within ODA. PARC works with eight (8) different state agencies and two toxicology specialists to appropriately respond to pesticide incidents. PARC can be reached by calling 211, 24 hours per day, 7 days per week.

The citizen advocate and liaison position is here to serve all Oregonians. Christina is available at 503-986-5105 or by email at [email protected]

ODA’s citizen advocate and liaison to help you get answers

Higby

Forest Practices Act has rules for herbicide applicationsOregon Forest Practices Act and rules focus on

protecting natural resources. State and federal laws also protect people and property. For herbicides and other chemicals, that means preventing them from getting into water, soil, and air in amounts that would damage water quality, or wildlife and aquatic life. The Forest Practices Act also restricts herbicide applications near dwellings and schools. To that end, the forest practice rules for chemical use, including the application of herbicides, include these requirements:

• For aerial applications, maintain a 60-foot no-spray buffer on all domestic-use and fish streams, including streams used by salmon, steelhead, and bull trout. When applying chemicals from the ground, provide a 10-foot no-spray buffer on these same stream types. Large wetlands and many lakes get the same protections.

• Trees and other vegetation in riparian management areas (RMAs) also get protection. Protect all the vegetation in RMAs, even when those RMAs are wider than the 60-foot no -spray buffer.

• When applying herbicides aerially, inhabited dwellings and schools must be protected with a 60-foot no-spray buffer. For dwellings, the buffer starts at the edge of the structure; for schools, the buffer starts at the school’s property line.

• Remember, all buffers are measured as horizontal distances, not slope distances. The difference between horizontal and slope distances is substantial on streams inside steep canyons. The horizontal distance protects more area.

• The EPA labels, the Oregon Pesticide Control Act, and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are the base pesticide laws for protecting people and property. The forest practices rules are added regulations for providing even more protection on forestlands.

Need more information? Talk with the local stewardship forester. Use this “Find a Forester” tool to locate the local ODF stewardship forester: http://www.oregon.gov/ODF/Working/Pages/FindAForester.aspx.


Notices of Violation IssuedJuly through December 2017

Party Cited Case No. # of violations Violation*

A-Boy Electric & Plumbing, Inc. dba Coast Hardware

160670 2 ORS 634.372(17)

Borgerding Fence Construction, Inc.

160390 1 ORS 634.372(5)

Canby Ace Hardware Inc 160630 1 ORS 634.372(17)

Cedar Landscape Maintenance, LLC

160310 1 ORS 634.372(5)

Doerfler Farms Inc. 160529 1 ORS 634.372(4)

Doerfler, Nathan 170514 1 ORS 634.372(4)

Dollar Tree Distribution, Inc. 170075 1 ORS 634.372(17)

Duyck, Neil 160523 1 ORS 634.372(4)

Duyck, Thomas A. 160523 1 ORS 634.372(4)

E Z Pest Management Services, Inc.

160520 2 ORS 634.372(9)

Eric Kirsch Enterprises, Inc. 170147 1 ORS 634.372(5)

Eric Mishima dba Sansei Landscape Maintenance

160660 1 ORS 634.372(5)

Good News Tree Service Incorporated

160519 1 ORS 634.372(5)

Good News Tree Service Incorporated

160519 1 ORS 634.372(2)

Jim Steagal dba Powell Pest Control

160518 2 ORS 634.372(9)

Lawrence, James Nathan 160519 1 ORS 634.372(2)

Naumes, Inc. 160453 1 ORS 634.372(4)

Petco Animal Supply Stores, Inc. operating as Unleashed by Petco

160633 2 ORS 634.372(17)

Root Tamers, Inc. 170077 1 ORS 634.372(5)

Simmons and Crowe Pest Control LLC

160484 1 ORS 634.372(5)


160484 1 ORS 634.372(9)

Steagal, William J. 160518 1 ORS 634.372(8)

Tibbets, Barry L. 160453 1 ORS 634.372(4)

Vanasche Farm LLC 160528 1 ORS 634.372(4)

Vanasche, David A. 160528 1 ORS 634.372(4)

Welton, Russell 160471 1 ORS 634.372(8)

Wray Construction, LLC dba Central Oregon Disaster Response

160149 3 ORS 634.372(4)

Zwald, Eric R. 160520 1 ORS 634.372(8)

Civil Penalties IssuedJuly through December 2017

Party Cited Case No.

# of violations Violation* Amt.

All In Enterprises, Inc. 160256 1 ORS 634.372(1) $10,000

All In Enterprises, Inc. 160256 1 ORS 634.372(6) $10,000

All In Enterprises, Inc. 160256 1 ORS 634.372(16)

$10,000

Borgerding Fence Construction, Inc.

160390 3 ORS 634.372(9) $847

Cedar Landscape Maintenance, LLC

160310 1 ORS 634.372(9) $814

Coos Bay Children's Academy, Inc.

170494 1 ORS 634.372(4) $814

Doerfler Farms Inc. 170272, 170514

2 ORS 634.372(4) $3,256

Ewing, Gerald 170494 1 ORS 634.372(4) $814

Josh Martin Vander-zanden operating as Veezy Contracting

160501 1 ORS 634.372(9) $407

Richard Ross Pear-son dba Mountain View Forestry

160425 2 ORS 634.372(4) $1,440

Salas, Cesar 170272 1 ORS 634.372(4) $1,628


160484 1 ORS 634.372(9) $960

Simmons, Micah 160484 1 ORS 634.372(8) $1,680

Wray Construction, LLC dba Central Oregon Disaster Response

160149 4 ORS 634.372(9) $1,776

*Note: The Notices of Violation and Civil Penalties listed above have been confirmed as or followed by Final Orders.

PESTICIDE VIOLATIONS

• ORS 634.372(2): As a pesticide applicator or operator, intentionally or willfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling, or as a pesticide consultant or dealer, recommend or distribute such pesticides.

• ORS 634.372(4): Perform pesticide application activities in a faulty, careless or negligent manner.

• ORS 634.372(5): Refuse or neglect to prepare and maintain records required to be kept by the provisions of this chapter.

• ORS 634.372(8): As a pesticide applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicator’s license, or apply pesticides that are not specifically authorized by such license.

• ORS 634.372(9): As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying

pesticides upon the land or property of another, without first obtaining and maintaining a pesticide operator’s license. The operator also may not engage in a class of pesticide application business that is not specifically authorized by license issued by the State Department of Agriculture. The operator also may not employ or use any person to apply or spray pesticides who is not a licensed pesticide applicator or pesticide trainee.

• ORS 634.372(15): Deliver, distribute, sell or offer for sale any pesticide that is misbranded.

• ORS 634.372(17): Formulate, deliver, sell or offer for sale any pesticide that has not been registered os required by ORS 634.016.

• ORS 634.372(19): Distribute, sell or offer for sale any pesticide except in the manufacturer’s original unbroken package.

Pesticide violations key


Late winter through early spring is prime time for geese to migrate north through the Willamette Valley, and geese might suddenly appear in fields.

The main container labels for many zinc phosphide products allow early season, above-ground use on different crops. However, grass seed fields are particularly attractive to geese, and therefore the above-ground use period is highly restricted.

In accordance with the SLN labels, also called Section 24(c)s, above-ground use of zinc phosphide in grass grown for seed is only allowed in early May (the exact date varies) through Aug. 30.

To protect geese, ODA consults annually with Oregon Department of Fish and Wildlife (ODFW) and US Fish and Wildlife Service (USFWS) to determine the start date for above-ground applications on grass grown for seed.

In contrast, below-ground use of zinc phosphide bait is allowed year-round in grass seed fields.

When instructing workers on how to conduct below-ground applications, or making them yourself, precision must be stressed. All the bait must go down the hole. Do not allow bait to spill onto the soil surface — this would be a label violation and could lead to geese having access to bait.

Be aware of zinc phosphide use in late winter, early spring

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

15,365

15,205

15,228

15,030

14,344

14,344

14,827

14,642

14,781

13,757

15,047

15,290

15,286

15,472

15,833

16,318

16,843

17,012

ODA licenses at a glanceTotal pesticide and fertilizer licenses

Percent of ODA renewals online

2013-14

2014-15

2015-16

2016-17

2017-18

15%

26%

66%

85% 88%

Since MyRenewal, ODA’s online license renewal/registration system, was instituted in November 2013, the percentage of licencees using it has continued to rise. Also on the rise is the total number of pesticide and fertilizer licenses issued each year, which has gone from 15,365 in 2000 to 17,012 in 2017.


What is the Worker Protection Standard (WPS)?

The U.S. Environmental Protection Agency (EPA) enacted the WPS in 1992 to better protect the nation’s agricultural workers from pesticide-related exposures. The original WPS contained training, recordkeeping, and personal protective equipment requirements with which owners of agricultural establishments were mandated to comply. The WPS was revised in 2015 to include several changes designed to further augment worker safety.

Does the WPS apply to me? The WPS applies to you if one or more of the

following conditions is true:• You own or manage a farm, forest, nursery, or

greenhouse where pesticides are used in the production of agricultural plants;

• You hire or contract for the services of agricultural workers to do tasks related to the production of agricultural plants on an agricultural establishment;

• You employ researchers who help produce agricultural plants;

• You operate a business in which you (or the people you employ) apply pesticides that are used for the production of agricultural plants on any farm, forest, nursery, or greenhouse;

• You operate a business in which you (or people you employ) perform tasks as a crop advisor on any agricultural establishment;

• You are a pesticide handler who applies WPS-labeled pesticide products on an agricultural establishment.

Which pesticide uses are covered by the WPS?Most pesticide uses involved in the indoor or outdoor

production of agricultural plants on an agricultural establishment are covered by the WPS. This includes pesticides used on plants and pesticides used on soils or planting media in which the plants are (or will be) grown. General-use and restricted-use pesticides are covered by the WPS. A pesticide product is covered by the WPS if the following statement is in the “Directions for Use” section on the product labeling (seen at top of next column).

What revisions have been made to the WPS?Here are some of the major revisions to the WPS:• Annual mandatory training for farmworkers

about their rights and responsibilities;

• Expanded training and employer responsibilities that aim to reduce take-home pesticide exposure from clothing and protective equipment;

• Persons younger than 18 no longer are allowed to handle pesticides;

• Expanded mandatory posting of no-entry signs for outdoor productions if the restricted-entry interval (REI) is greater than 48 hours.

Who enforces the WPS in Oregon? The Oregon Occupational Safety and Health

Administration (OR-OSHA) enforces most WPS requirements in Oregon. However, the Oregon Department of Agriculture (ODA) collaborates with OR-OSHA on WPS enforcement because ODA enforces the pesticide label, which contains WPS Agricultural Use Requirements language.

What is a Commercial Pesticide Handler Employer (CPHE)?

A CPHE is any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment – for example, a third-party business that makes applications to agricultural establishments. CPHEs are responsible for providing WPS protections to the handlers or crop advisors they employ. CPHEs also are required to provide certain application information to agricultural employers who have hired the CPHE to provide pesticide application services. Like anyone else, CPHEs also are required to ensure that all pesticides are used in accordance with the label at all times, including WPS requirements.

What information do I need to keep at the central posting location?

Agricultural employers must display certain information at a central location whenever any worker or handler they employ is on their agricultural establishment, if a WPS-labeled pesticide product has been applied or a restricted-entry interval (REI) for such a pesticide has been in effect within the past 30 days.

Are you familiar with the Worker Protection Standard?

See WPS, Page 15


New federal certification and training rule brings changesThe Environmental Protection Agency’s new

certification and training regulation will require ODA to revise elements of its pesticide program. This will ultimately affect certain licensed applicators and those they supervise. However, these changes will not take place immediately.Will I be affected?

It depends on the type of work you do, the license you hold, and who you supervise. Those affected will include:

• Private Applicators who work with fumigants or who supervise unlicensed applicators;

• Unlicensed applicators who apply restricted use pesticides under the supervision of a licensed Private Applicator;

• Pesticide Apprentices;• Immediately Supervised Trainees;• Commercial and Public Applicators who supervise

Pesticide Apprentices and/or Immediately Supervised Trainees;

• Pesticide Dealers.What specific changes does the new rule require?

The new federal rule requires the following broad changes:

• New license categories for Private applicators: “soil fumigation” and “non-soil fumigation.”

• Age requirement: licensed Private Applicators and certain unlicensed applicators must be at least 18 years old.

• New training requirements for noncertified applicators*: Annual training on pesticide safety and safe operation of equipment.

• Better communication between supervisor

and noncertified applicators*: Persons being supervised must be able to “immediately communicate” with their supervisor, and the supervisor must provide site/product specific instructions prior to each application.

• Resources for noncertified applicators*: A copy of the pesticide label must be accessible at all times, label-required personal protective equipment (PPE) must be provided, and supervisors must ensure equipment is in safe operating condition daily.

• Additional recordkeeping for Commercial and Public Applicators: Records of annual training of noncertified applicators must be accessible for two years.

• Additional recordkeeping items for Dealers: including license categories, name and address of noncertified individuals who pick up restricted use pesticides, the EPA registration number, and if applicable, the associated Special Local Need or Emergency Exemption number.

*Noncertified applicators include Pesticide Apprentices, Immediately Supervised Trainees, and unlicensed applicators working under the supervision of a licensed Private Applicator.When will these new requirements take effect?

ODA has until March 2020 to submit a revised certification plan to EPA that complies with the new requirements, and EPA has until March 2022 to provide comment on ODA’s plan.Where can I get more information?

If you have questions or comments, contact us at 503-986-4635 or [email protected].

This information includes a pesticide safety poster developed by EPA or another way of providing necessary WPS safety concepts, and hazard information consisting of a copy of the OSHA Safety Data Sheet (SDS) for each pesticide product used.

The following pesticide application information must also be displayed for 30 days at the central posting location, and retained on the establishment in records for two years:

• Name of pesticide applied

• Active ingredients(s)• EPA registration number;• Restricted-entry interval (REI)• Crop or site treated• Location and description of the treated area(s)• Date(s) and times the application started and

endedFor information, go to www.pesticideresources.org, or

call ODA, 503-986-4553. Contact OR-OSHA, for Oregon-specific regulations

WPS, from Page 14

Web: Oregon.gov/ODAPhone: (503) 986-4635FAX: (503) 986-4735

ODA Pesticide BulletinPesticides Program635 Capitol St. NESalem, OR 97301-2532


FOOT PATHS

Oregon law requires a public employee to have a Public Pesticide Applicator license only if they are using restricted use pesticides (RUPs), using a machine-powered device, or making an application at the campus of a school . However, some Oregon municipalities require that all pesticide applicators be licensed as Public Pesticide Applicators (PPA) for any applications taking place in public areas.Scenario: A municipality wants employees to apply herbicides to foot paths that go through Turf & Ornamental (T & O) sites and urban forestry sites.What are the correct license categories for that work?Answer: It is acceptable for someone treating a foot path in a T & O setting (for example, a bark mulch path going through an ornamental garden in a park) with either the T&O-Herbicide category or Right-Of-Way (ROW) category.

SUPERVISING A CO-WORKER

Question: I have a Public Pesticide Applicator’s (PPA) license with the Aquatic category and the Turf & Ornamental Herbicide category. I need assistance making an aquatic application using power equipment and I would like my co-worker to help me. Can my co-worker help me if I supervise him? He has a current PPA license with only the Turf & Ornamental Herbicide licensing category.

Answer: No. Your co-worker would need to obtain an Apprentice License to work under your Aquatic category. Since your co-worker is a PPA with a current license, he can use the results of his Laws and Safety exam to help qualify for the Apprentice License. If he will be working directly with you, he could also consider obtaining an Immediately Supervised Trainee License. However, your co-worker would not require a Pesticide Applicator License if his role is limited to operation of the aquatic vessel. For requirements associated with these license types, go to: https://oda.direct/LicenseGuide.

LICENSING QUESTIONS

oda pesticide bulletin – spring 2018 · page 2 oda pesticide bulletin on the label. if you use...

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