| House Bill 2604 FAQ |
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| What is HB 2604? |
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This bill was introduced in an effort to clarify the licensing requirements of public pesticide applicators when pesticide applications are made for noxious weed or other pest control purposes.
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| What requirements were changed by HB 2604? |
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There are three conditions that must now be met to allow public applicators of one public agency to apply pesticides upon the property of other public agency outside their jurisdiction but within the parameters of a public applicator license. These three conditions are:
- The land is in a jurisdiction adjacent to property under their ownership, possession, control or jurisdiction
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- The application is done in conjunction with, or as an extension of, an application of pesticides to property under their ownership, possession control or jurisdiction
AND
- The pesticide application is done on a cost recovery, cooperative trade of services or no cost basis, and not as a source of profit
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| What pesticide license does an applicator need? |
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Public applicator licenses are appropriate for applicators of pesticides upon public property as described above. A Commercial pesticide operator license or commercial pesticide applicator license are NOT appropriate and may not be utilized for pesticide applications conducted for public agencies by public employees. Use of a commercial applicator license by a public employee for work-related pesticide applications may be considered a violation of state law.
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| Will ODA issue commercial licenses for public agencies? |
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NO. A Commercial Pesticide Operator license may NOT be issued by ODA to any public agency. Any Commercial Pesticide Operator licenses currently held by public agencies will not be reissued.
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| Can a public agency advertise for pesticide application business? |
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No advertising or solicitation for pesticide application business may be conducted by public agencies outside of their jurisdiction.
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| Can a public applicator do noxious weed control on private land? |
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Yes, a licensed public pesticide applicator can make pesticide applications for noxious weed control on private property as long as the following conditions are met:
- Only in accordance with the noxious weed control law ORS 570.
- On property within the public agency jurisdiction
- By a licensed public pesticide applicator with the regulatory weed category
- After the public applicator has informed the private landowner of other resources that could perform the pesticide applications.
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| Can an agency contract with another agency for pesticide work? |
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If the land to be treated is within the jurisdiction of the public agency conducting the pesticide applications, such as a Weed Control District, the work may be performed by a licensed public pesticide applicator. If the land to be treated is not within the jurisdiction of the public agency conducting the pesticide applications, then the conditions listed above apply (i.e. adjacent property, application done in conjunction with, or an extension of, not for profit, no advertising, information provided of other resources, etc.).
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| Must federal agencies also comply with HB2604? |
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State law can be, and is in this case, more restrictive than federal law. The conditions stipulated in the recent revisions of ORS 634 by HB 2604 for public pesticide applicators must be complied with by all parties.
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