(a) "Daily spray records" means records required of a pesticide operator under ORS 634.146.
(b) "Geographic information system data" means the electronic location data recorded during a pesticide application by helicopter.
(c) "Health provider" means a person holding a license, certificate or permit issued under Oregon law to provide the diagnosis, treatment or care of disease or injury in the ordinary course of business or practice of a profession, when seeking to provide diagnosis, treatment or care of a patient in response to a suspected exposure of the patient to pesticide.
(d) "Pesticide operator" has the meaning given that term in ORS 634.006.
(2) The Pesticide Analytical and Response Center shall accept requests for a pesticide operator’s daily spray records and geographic information system data concerning a pesticide application by helicopter to forestland from:
(a) A unit of state government, as defined in ORS 174.111;
(b) A law enforcement agency, as defined in ORS 181A.010; or
(c) A health provider.
(3)(a) The center shall forward a request received under subsection (2) of this section to the pesticide operator that is the subject of the request. A pesticide operator that receives a request from the center shall send the center the daily spray records and geographic information system data possessed or accessible to the pesticide operator concerning pesticide applications by helicopter to forestland identified in the request.
(b) The pesticide operator shall send the requested daily spray record information to the center no later than 24 hours after receiving the request. The pesticide operator shall send the requested geographic information system data to the center no later than five business days after receiving the request.
(c) Upon receiving requested information from a pesticide operator, the center shall forward the information received to the requesting unit of state government, law enforcement agency or health provider.
(4) Failure of a pesticide operator to timely send records or data as required under subsection (3) of this section is a violation subject to a fine of $1,000 per request.
(5) Records and data sent or received under this section are not public records for purposes of ORS 192.311 to 192.478. [2020 s.s.1 c.16 §14]