In January of this year, NAAA reported on proposed aerial application bans in Oregon. Then, in March, we provided an update on those proposals detailing that two ballot proposals need 88,184 signatures by July 8 to be on the November election ballot. Now, Oregon’s Department of Agriculture is attempting to preempt these ballot initiatives through the rulemaking process.

 

Following the passage of Oregon House Bill 3549, the Department has finalized proposed text for aerial application certificates (required by 3549) to be issued by the Oregon Department of Agriculture to ensure aerial applications are made safely by state-approved applicators. The proposal would require aerial applicators to have an “aerial pesticide applicator certificate”, which requires an application and associated fee of 50 dollars, a commercial pilot certificate, an applicator license or certificate and at least 50 hours of flight or flight training experience spraying pesticides by aircraft.

 

Currently, all Oregonian aerial applicators are required to have a commercial applicator or private applicator license – the same license required for applicators on the ground. With the passage of this regulation, they would now also be required to have the aerial application certificate as an addendum to their previously-required applicator license.

 

Oregonians for Food and Shelter (OFS), a grassroots coalition of farmers, foresters, and others, is concerned with the aforementioned 50-hour requirement. OFS is worried that, as written, the proposed text will not allow training hours performed on the ground to count toward the requirement. The coalition believes planning, communication, mixing and loading of pesticides should be taken into consideration for those being trained in aerial application, as these activities are similarly important for future applicators’ education. OFS supports the larger goal of creating an aerial pesticide applicator certificate to ensure aerial applicators are qualified.

 

Should the regulation pass as is, beginning January 1, 2017 aerial pesticide applicators would also be required to pass an aerial application examination approved by the Oregon Department of Agriculture. Aerial applicators would be required to pass this exam every five years.

 

The rule also clarifies that for to be authorized to make aerial pesticide applications, the applicator must “be employed by a pesticide operator with an aerial endorsement or other similar specification assigned by the department.”

 

If the proposed regulation is finalized, it may allay the fears of some Oregonian prospective voters. In turn, this could help defeat the proposed ballot measures that would potentially ban certain aerial applications should those proposals receive enough signatures to place on the Oregon state ballot.

 

NAAA will continue to work with state and federal legislators to ensure a bright and prosperous future for the aerial application industry.