Temporary Rule Prohibiting the Use of Aminocyclopyrachlor on Rights-of-Way

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Pesticide Advisory

Temporary Rule Prohibiting the Use of Aminocyclopyrachlor on Rights-of-Way

On September 28, 2018, the Oregon Department of Agriculture (ODA) has enacted a temporary rule prohibiting the use of any pesticide product containing the active ingredient aminocyclopyrachlor on right-of-way (ROW) sites, OAR 603-057-0391. The Temporary Administrative Rule will be in effect for 180 days, September 28, 2018 - March 26, 2019.  

Additional regulatory action may take place before or after the expiration date of the temporary rule.

What does this mean to you? 

This means that, even if you have a pesticide product containing aminocyclopyrachlor and its label provides directions for use on rights-of-way, you can not apply the product to any right-of-way (ROW) site. ROW sites affected by this rule include, but may not be limited to:  the areas on and strips of land adjacent to highways/roadsides, railroads, airports, and utilities (such as pipelines and electric powerlines).  

Why is ODA taking this action? 

Based on current information, there are at least four locations in central Oregon where ponderosa pine, lodgepole pine, and possibly other valuable tree species appear to have been negatively impacted by the herbicide aminocyclopyrachlor. This herbicide was applied to certain ROW sites for weed control. Trees in some previously treated areas continue to decline, and the U.S. Forest Service has identified 1,454 dead or dying trees along Highway 20 near Sisters. Some of these trees are old-growth ponderosa pines that are 150-300 years old. These measures are being taken in an abundance of caution to protect Oregon's natural resources. 

This temporary rule will protect desirable trees along and near ROW sites within Oregon while the Department completes its evaluation of aminocyclopyrachlor and determines potential future regulatory action. 

What happens if you apply aminocyclopyrachlor on rights-of-way? 

Failure to comply with Temporary Administrative Rule OAR 603-057-0391 may result in a number of enforcement actions, including, but not limited to: License suspension or revocation, or imposition of a civil penalty.

What products contain aminocyclopyrachlor? (Below are examples of herbicide products which contain aminocyclopyrachlor)

  • DuPont/Perspective Herb., EPA Reg. No. 352-846
  • Bayer/Perspective Herb., EPA Reg. No. 432-1569
  • DuPont/Streamline Herb., EPA Reg. No. 352-848
  • Bayer/Streamline Herb., EPA Reg. No. 432-1570 
  • DuPont /Method 240SL Herb., EPA Reg. No. 352-786 
  • Bayer/Method 240SL Herb., EPA Reg. No. 432-1565  
  • DuPont/Viewpoint Herb., EPA Reg. No. 352-847 
  • Bayer/Viewpoint Herb., EPA Reg. No. 432-1580 
  • DuPont/Method 50SG Herb. , EPA Reg. No. 352-787
  • Bayer/Method 50SG Herb., EPA Reg. No. 432-1566  

Information about the temporary rule